SCS/HB 1092 - This act modifies provisions relating to child abuse investigations.JOINT COMMITTEE ON CHILD ABUSE AND NEGLECT (21.77)
This act adds new duties to the Joint Committee on Child Abuse and Neglect requiring the committee to make recommendations on how to improve abuse and neglect proceedings including regarding the role of judges, the Children's Division, the Juvenile Officer, the Guardian Ad Litem and the Foster Parents.
OFFICE OF THE CHILD ADVOCATE (37.710)
This act allows the Office of the Child Advocate within the Office of Administration to file any pleadings necessary in order to intervene on behalf of a child at the appropriate judicial level using the resources of the Office of the Attorney General.
This provision is identical to SB 973 (2014) and to a provision in SS/HB 1184 (2014).
CHILDREN'S DIVISION INVESTIGATION AND PLACEMENT (210.145, 210.152, 210.183)
This act changes the time frames regarding a child abuse or neglect investigation by the Children's Division within the Department of Social Services. This act amends the time lines for the Division as follows:
-45 days, rather than the current 30 days, for updating the information and to complete the investigation except for good cause;
-If an investigation cannot be completed in 45 days, it shall be completed no later than 90 days after receipt of a report, except in cases involving sexual abuse, such cases shall be completed no later than 120 days after receipt of such report, or in cases involving a child fatality or near-fatality the investigation shall remain open until the Children's Division's investigation is completed surrounding such death or near-fatal injury. This act defines good cause to mean when certain relevant evidence outside of the Children's Division's control as specified in the act, such as medical or law enforcement tests, have not been completed or there is a pending criminal case and the issuing of a decision by the Division will adversely impact the progress of the criminal investigation.
Under current law, it is prohibited for a child who has been taken into the custody of the state or the jurisdiction of a juvenile court, to be reunited with a parent or be placed back in the home in which the parent or any person living in the home has been found guilty or plead guilty to certain sexual related offenses or offenses against the family when a child was the victim. This act adds pornography related offenses to the list of prohibited offenses. (Section 210.117.1 and 211.038.1)
This act provides that when the Children's Division is unable to obtain the necessary information for the purpose of child placement for children who have been taken into the custody of the state or the jurisdiction of a juvenile court, the Children's Division may obtain fingerprints for any person over the age of 17 in the household and for any child less than 17 years of age residing in the home who the Division has determined has been certified as an adult for the commission of a crime. The fingerprints shall be used by the Missouri State Highway Patrol to search the criminal history repository and shall be forwarded to the Federal Bureau of Investigation (FBI) for searching the federal criminal history files. The Highway Patrol shall assist the Division and provide the criminal fingerprint background information, upon request. (Section 210.117.4 and 211.038.4)
Subject to appropriation, the total cost of fingerprinting required by this act may be paid by the state, including reimbursement of persons incurring fingerprinting costs under this act. (Section 210.117.5 and 211.038.5)
Current law sets out specifically that three sets of fingerprints during a background check for child placement shall be obtained and that one of each set shall be sent to the Highway Patrol, the FBI and one to be retained by the Division. This act removes the specific requirement to obtain three sets of fingerprints. (Section 210.482.2 and 3 and 210.487.1)
These provisions are identical to provisions in SCS/SB 802 (2014), HCS/SCS/SB 873 (2014).
GUARDIAN AD LITEM REPRESENTATION IN CAN REVIEW BOARD HEARINGS (210.160)
This act allows the judge, on its own motion or upon motion of the parties to appoint a guardian ad litem to appear and represent an abused or neglected child involved in proceedings arising from judicial review of a CAN review board.
These provisions are identical to provisions contained in HCS/SS/SB 869 (2014); HCS/SCS/SB 873 (2014).
SAFE CARE PROVIDER REIMBURSEMENT (334.950)
The department of public safety shall establish rules and make payments to SAFE CARE providers, out of appropriations made for that purpose, who provide forensic examinations of persons under eighteen years of age who are alleged victims of physical abuse.
This provision is substantially similar to CCS/HCS/SCS/SB 852(2014); SS/SCS/HCS/HB 1231 (2014); and identical to SCS/HB SS/HB 1184 (2014), HCS/SCS/SB 873 (2014), SCS/SB 802 (2014).
AUTOMOBILE INSURANCE FOR FOSTER CHILDREN (431.056)
This act allows a minor who is 16 years of age or older and who is in the legal custody of the Children's Division, under a court order, to be qualified and competent to contract for automobile insurance with the consent of the division or the juvenile court. The minor, and not the state or a foster parent, shall be responsible for paying the costs of the insurance premiums and shall be liable for damages caused by his or her negligent operation of the automobile.
This provision is identical to SS/HB 1184; SB 805 (2014).
STANDING FOR FOSTER PARENTS IN COURT (Section 1)
This act allows a foster parent to have standing to participate in all court hearings pertaining to a child in their care.
This provision is substantially similar to a provision in HCS/SS/SB 869 (2014).
ADRIANE CROUSE