SS/SCS/HCS/HB 1414 - This act modifies several provisions relating to child protection, including: (1) homeless youth; (2) background facilities for child care facilities; (3) child protection for military families; (4) foster care case management; (5) temporary alternative placement agreements; (6) immunities for employees of child assessment centers; (7) risk assessments for child abuse or neglect; (8) child care definitions; (9) non-expiring child care facility licenses; (10) foster parents; (11) appearance of certain children in courts; (12) adoption records; and (13) an Institutions for Mental Disease waiver.
HOMELESS YOUTH (Sections 193.265, 208.151, and 431.056)
Under this act, a parent or guardian of a homeless child or homeless youth or an unaccompanied youth shall not be charged a fee for copies of birth records for the child or youth. An unaccompanied youth shall not be required to have the consent or signature of his or her parent or guardian for a certification or a copy of his or her own birth record. Only one birth certificate under this provision shall be provided at no cost and additional certificates shall be provided upon payment of the statutory fee.
Additionally, any homeless child or homeless youth shall be eligible for MO HealthNet benefits, subject to federal approval of a state plan amendment.
Finally, a minor's ability to contract shall include obtaining mental health records if he or she meets certain qualifications specified in current law, including through the implied consent of the minor's parent or legal guardian. Implied consent may be demonstrated by a letter verifying the minor is an unaccompanied youth signed by: (1) a director or designee of a governmental or nonprofit agency that receives public or private funding to provide services to homeless persons; (2) a local education agency liaison for homeless children or youth designated under federal law or a school social worker or counselor; or (3) a licensed attorney representing the minor in any legal matter.
Any entity or licensed provider who contracts with a minor under this act shall be immune from any civil or criminal liability based on the entity's or provider's determination to contract with the minor, unless the entity's or provider's determination is the result of the entity's or provider's negligence or willful or wanton acts or omissions. Consent given under this provision shall not be subject to later disaffirmance by reason of the minor's age.
These provisions are substantially similar to SCS/SB 826 (2020), provisions in SCS/HCS/HB 1683 (2020), HB 1286 (2020), HB 1287 (2020), and HB 1288 (2020).
CHILD CARE FACILITY BACKGROUND CHECKS (Sections 210.025 and 210.1080)
This act modifies the definition of a "child care staff member" to include individuals residing in a family child care home who are 17 years or older prior to January 1, 2021, or 18 years or older on or after January 1, 2021, or those less than 17 years old prior to January 1, 2021, or less than 18 years old on or after January 1, 2021, who have been certified as an adult for the commission of a crime.
This act requires the child care provider, prior to the employment or presence of a child care staff member in a license-exempt child care facility or an unlicensed, registered child care facility, to request the results of a criminal background check from the Department of Social Services and, prior to employment or presence in a licensed child care facility, to request a similar check from the Department of Health and Senior Services. If the staff member is listed as a perpetrator of child abuse or neglect or has pled guilty or nolo contendere to one of a list of specified offenses, then that staff member shall be ineligible for employment or presence at the child care facility and shall be disqualified from receipt of state or federal funds for providing child care. Household members in a family child care home who would be ineligible for presence in the home under this act shall not maintain a presence in the licensed family child care home during child care hours. A child care provider may be disqualified from receipt of state or federal child care funds if such person, residing in the home where such child care is being provided, has been refused licensure or has experienced licensure suspension or revocation.
A child care staff member or prospective child care staff member may appeal a finding of ineligibility to the Department that made the determination. If the finding of ineligibility was based on an offense from a specified list, then only the accuracy or completeness of the information in the background check may be appealed. If the finding of ineligibility was based on any other offense not contained in the list, the appeal may challenge accuracy or completeness, as well as offer mitigating information to seek an eligibility exception. The appeal shall be filed with the Department within 10 days from the mailing of the notice of ineligibility. The department receiving the appeal shall forward the appeal to the Child Care Background Screening Review Committee, consisting of the directors of the Departments of Health and Senior Services and Social Services, or their designees, for a final decision. Such decision shall be considered a non-contested final agency decision under state law.
This act repeals provisions of current law regarding criminal background checks performed by the Children's Division for certain child care providers.
These provisions are substantially similar to HCS/HB 2202 (2020) and similar to SB 925 (2020).
CHILD PROTECTION FOR MILITARY FAMILIES (Sections 210.109 and 210.150)
This act requires the Children's Division to attempt to ascertain whether the suspected perpetrator or any person responsible for the care, custody, and control of a child is a member of the Armed Forces after receiving a report on alleged abuse or neglect of a child.
This act allows appropriate staff of the United States Department of Defense to receive access to investigation records contained in the central registry of the Children's Division and records maintained by the Children's Division following a report of child abuse and neglect in cases where the suspected perpetrator or any person responsible for the care, custody, and control of the subject child is a member of the Armed Forces.
Additionally, this act requires the Division to report findings in cases where the person responsible for the care, custody, and control of a child is a member of the Armed Forces to the most relevant family advocacy program or other relevant person authorized by the United States Department of Defense to receive reports.
These provision are identical to provisions in the truly agreed to and finally passed SS/SCS/718 (2020) and SCS/HCS/HB 1683 (2020) and substantially similar to provisions in the truly agreed to and finally passed HCS/SB 656 (2020) and HB 1316 (2020).
FOSTER CARE CASE MANAGEMENT (Section 210.112)
This act repeals existing law relating to foster case management and instead requires all providers of direct services to be evaluated in a transparent, objective and consistent basis with an evaluation tool established under this act. Such services shall be routinely tracked and evaluated through a quality assurance program, as described in the act. Resources and efforts shall be committed to providing the best opportunities for each child, including independent living arrangements and least restrictive alternatives based on the child's needs and the quality of care received.
Payment to service providers shall be made based on the reasonable costs of services. Any reimbursement increases made through enhanced appropriations for services shall be allocated to providers regardless of whether the provider is public or private. In addition, the contracts shall include performance-based incentives based on the evaluation tool developed under this act.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and substantially similar to provisions in SCS/HCS/HB 1683 (2020).
TEMPORARY ALTERNATIVE PLACEMENT AGREEMENTS (Section 210.123)
This act authorizes the Children's Division to enter into temporary alternative placement agreements with parents and legal guardians of a minor child who cannot safely remain in his or her home. The purpose of the agreements is to mitigate trauma to the child and to enable the Division to make reasonable efforts to assure the safety of the child in a familiar placement setting. The placement shall be temporary and shall be in Missouri, unless the child requires medical treatment in another state that is not reasonably available within Missouri. Temporary alternative placement agreements shall be voluntary and in writing for out-of-home placements when the Division determines that a referral to the juvenile officer to remove the child from the home is not appropriate. Such agreements shall be valid for no more than 90 days, unless extended as specified in the act.
A temporary alternative placement agreement shall not prohibit a juvenile officer from taking additional action and the Division shall retain the authority to refer the case to the juvenile officer with a recommendation for further action at any time.
The Division shall have personal contact with the child, at least two times each month, during the agreement to ensure the child's safety, as well as schedule team decision-making meetings and open family-centered services.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and substantially similar to provisions in SCS/HCS/HB 1683 (2020).
IMMUNITIES FOR EMPLOYEES OF CHILD ASSESSMENT CENTERS (Section 210.135)
Under this act, an employee of a state-funded child assessment center shall be immune from civil liability arising from the employee's participation in the investigation process and services by the center, unless such employee acted in bad faith. This act shall not displace or limit any other immunity provided by law.
This provision is identical to SB 924 (2020) and a provision in SCS/HCS/HB 1683 (2020).
RISK ASSESSMENTS FOR CHILD ABUSE OR NEGLECT (Section 210.145)
Under this act, the Children's Division shall include a standard risk assessment completed within 72 hours of a hotline report of child abuse or neglect within its structured decision-making protocols. The Director of the Division and the Office of State Courts Administrator shall develop a joint safety assessment tool before December 31, 2020, and such tool shall be implemented before January 1, 2022. The tool shall replace the standard risk assessment required under current state law.
This provision is identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and SCS/HCS/HB 1683 (2020).
CHILD CARE DEFINITIONS (Sections 210.201, 210.211, 210.252, 210.254, and 210.1080)
This act defines "child care" for the purpose of child care facility licensure as the care of a child away from his or her own home for any part of the 24-hour day for compensation or otherwise. "Child care" is a voluntary supplement to parental responsibility for the child's protection, development, and supervision. A "child-care facility" shall be a house or other place conducted or maintained by any person who advertises or holds himself or herself out as providing child care for more than six children or for more than three children under two years of age, for any part of the 24-hour day, for compensation or otherwise.
Further, this act modifies the list of license-exempt child care facilities in current law by moving entities previously listed in the current definition of a "child-care facility" to said list and adds other exemptions, including Montessori schools and neighborhood youth programs.
These provisions are substantially similar to HCS/HB 2202 (2020) and similar to SB 925 (2020).
NON-EXPIRING CHILD CARE FACILITY LICENSES (Section 210.221)
Currently, child-care facility licenses may be granted for up to two years and are subject to renewal upon expiration. This act repeals this provision.
This provision is substantially similar to HCS/HB 2202 (2020) and similar to SB 925 (2020).
FOSTER PARENTS (Sections 210.566 and 211.171)
This act modifies the "Foster Parents' Bill of Rights" to require the Children's Division and its contractors to provide written notification of these rights at the time the child is placed with a prospective foster parent, even if the parent has yet to be licensed as a foster parent. Additionally, the Division and its contractors shall provide full access to the child's medical, psychological, and psychiatric records, including records prior to the child coming into care, at the time the child is placed with a foster parent. Access shall include providing information and authorization for foster parents to review or to obtain the records directly from the service provider.
If a foster parent alleges a court failed to allow the foster parent to be heard orally or in writing in a court hearing involving a child in his or her care, the foster parent may seek remedial writ relief pursuant to Missouri Supreme Court Rules 84, 94, and 97. No docket fee shall be required to be paid by the foster parent. The Division shall not remove a child from placement with the foster parent based solely upon the foster parent's filing of a petition for a remedial writ or while the writ is pending, unless removal is necessary for the health and safety of the child.
Additionally, the court shall ensure a child's foster parent has received full access to the child's medical, psychological, and psychiatric records, including prior records, from the Division and its contractors, as required under this act.
Under this act, the Division shall not require foster parents to conduct supervised visits or be present during any supervised visits between a foster child and the child's siblings or biological family.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020), substantially similar to provisions in SCS/HCS/HB 1683 (2020), and similar to SB 360 (2019), provisions in HCB 12 (2018), and SB 1073 (2016).
APPEARANCE OF CERTAIN CHILDREN IN COURTS (Section 211.135)
The juvenile court, in compliance with all federal guidelines and after considering all information provided by the Division and input from a child's family support team, shall order the child to appear in court only: (1) if necessary to make a decision; and (2) after considering the appropriateness of the courtroom environment for the child and the hardship to be endured by the child and current guardians regarding disruptions of regular activities.
This provision is substantially similar to a provision in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and SCS/HCS/HB 1683 (2020).
ADOPTION RECORDS (Section 453.121)
This act requires all information, including identifying information, to be released to an adopted adult if the adopted adult's biological parent lost his or her parental rights through a nonconsensual termination of parental rights proceeding.
This provision is identical to a provision in SCS/HCS/HB 1683 (2020).
INSTITUTIONS FOR MENTAL DISEASE WAIVER (Section 1)
Under this act, the Department of Social Services may seek a waiver of the Institutions for Mental Disease (IMD) exclusion for the Department of Mental Health-administered Comprehensive Substance Treatment and Rehabilitation Program.
This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020).
SARAH HASKINS