ALZHEIMER'S STATE PLAN TASK FORCE (Sections 191.116 and 192.2000)

This act establishes the "Alzheimer's State Plan Task Force" in the Department of Health and Senior Services, which shall consist of 21 members as specified in the act. The task force shall assess and maintain a state plan to overcome the challenges of Alzheimer's disease, including assessing the existing services and resources available for persons with Alzheimer's disease and their families and identifying opportunities for Missouri to coordinate with federal entities. The task force shall deliver a report to the Governor and General Assembly by June 1, 2021, and shall supplement the report annually thereafter. The task force shall expire on December 31, 2026.

This act also requires the Division of Aging within the Department of Health and Senior Services to provide information and support to persons with Alzheimer's disease and related dementias by establishing a family support group in every county.

These provisions are substantially similar to SB 823 (2020) and provisions in SCS/HCS/HB 1683 (2020).

OFFICE OF STATE OMBUDSMAN FOR LONG-TERM CARE FACILITY RESIDENTS (Section 192.2305)

This act authorizes the Office of State Ombudsman for Long-Term Care Facility Residents to receive, respond to, and resolve complaints made by or on behalf of residents of Missouri veterans' homes relating to the action, inaction, or decisions of providers or agencies affecting resident health, safety, welfare, or rights. The State Ombudsman or representatives of the Office, in addition to all current authority granted by state statute, shall have the authority to enter any veterans' home and have access to residents in a reasonable time and manner and have access to resident records with the permission of the resident or the resident's guardian. Additionally, the Office shall analyze and monitor the development and implementation of federal, state, and local law and regulations regarding Missouri veterans' homes.

This provision is identical to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1682 (2020), the truly agreed to and finally passed SS/SCS/SB 718 (2020), and HCS/SB 846 (2020), and substantially similar to a provision in the truly agreed to and finally passed HCS/SB 656 (2020) and HB 1766 (2020).

THE "JUSTICE FOR SURVIVORS ACT" (Sections 192.2520 and 197.315)

This act establishes the "Justice for Survivors Act" and directs the Department of Health and Senior Services to establish a statewide telehealth network for forensic examinations of victims of sexual offenses by July 1, 2022. A statewide coordinator shall be selected by the director of the Department of Health and Senior Services to oversee the network. The network shall provide mentoring, training, and assistance for medical providers conducting forensic examinations, including training on obtaining informed consent by the victim to evidence collection. The network shall also provide consultation services, guidance, and technical assistance through telehealth services by a Sexual Assault Nurse Examiner (SANE) or other similarly trained appropriate medical providers. The training may be offered in-person and online.

This act creates the "Justice for Survivors Telehealth Network Fund" for any grants, gifts, bequests, or donations accepted by the Department for the development and maintenance of the network and the training offered by the network.

Additionally, this act requires any licensed hospital, by January 1, 2023, to perform a forensic examination using an evidentiary collection kit upon the request and consent of a victim of a sexual offense fourteen years of age or older or the victim's guardian. Victims under fourteen years of age shall be referred to a SAFE CARE provider; provided, that nothing in this act shall be interpreted to prevent a hospital from performing a forensic examination for a minor under fourteen years of age upon the minor or guardian's request in accordance with state law and regulations.

An appropriate medical provider shall perform the examination and the hospital shall ensure that any provider performing the examination has received training conducting such examinations. If the provider is not a SANE or similarly trained physician or nurse, then the hospital shall utilize telehealth services, such as those provided by the statewide telehealth network, to provide guidance and support through a SANE, or other similarly trained physician or nurse, who shall observe the live examination and communicate with and support the onsite provider. The Department may issue a waiver of the telehealth requirement if the hospital demonstrates a technological hardship in accessing telehealth services or a lack of access to adequate broadband services. Such waivers shall be granted sparingly for no more than one year at a time, subject to renewal at the Department's discretion.

The Department shall waive the requirements of this act for any licensed hospital if the statewide telehealth network ceases operation, the Director of the Department notifies the hospital that the network has ceased operation, and the hospital cannot, in good faith, comply with the requirements of this act without the assistance or resources of the network. Such waiver shall remain in effect until the network resumes operation or until the hospital can comply with the requirements of this act without the assistance or resources of the network.

Current law regarding the reimbursement of such examinations and the provision of evidentiary collection kits shall apply to the forensic examinations under this act.

Finally, each hospital shall, by October 1, 2021, report specified information concerning forensic examinations performed at the hospital to the Department each year and the Department shall in turn make such information publicly available; provided, that such information shall not include any personally identifiable information of any victim or medical provider performing the examination.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SCS/SB 569 (2020), substantially similar to SB 951 (2020), and similar to SB 456 (2019).

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.

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 identical to SCS/SB 826 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020), HB 1286 (2020), HB 1287 (2020), and HB 1288 (2020).

SERVICE ANIMALS (Sections 209.150, 209.200, and 209.204)

This act modifies the definition of a "service dog" to be a dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. Additionally, this act adds "mental health service dog" to the definition of a service dog. A mental health service dog, or a psychiatric service dog, is a dog that has been individually trained for an owner who has a psychiatric disability, medical condition, or developmental disability. The dog is trained to perform tasks to mitigate or assist the owner with difficulties directly related to the disability.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SB 644 (2020), the truly agreed to and finally passed HCS/SB 656 (2020), and HCS/HB 1319 (2020), substantially similar to provisions in HB 750 (2020), and similar to provisions in HCS/HB 107 (2019), HB 1369 (2019), HB 262 (2017), HCS/HB 1907 (2018), HCS/SS/SCS/SB 918 (2018), and SB 335 (2017), HCS/HB 1428 (2016), HB 787 (2015), and HB 142 (2015).

Under this act, any person knowingly misrepresenting a dog as a service dog, as described in the act, for the purposes of receiving accommodations regarding service dogs under the Americans with Disabilities Act shall be guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for each subsequent offense. Additionally, any person knowingly misrepresenting any animal as an assistance animal, as described in the act, for the purposes of receiving accommodations regarding assistance animals under the Fair Housing Act or the Rehabilitation Act shall be guilty of a Class C misdemeanor for the first offense and a Class B misdemeanor for each subsequent offense.

The Governor's Council on Disability shall prepare and make available online a placard for posting in a front window or door of a business stating that service dogs are welcome and that misrepresenting a service dog is a violation of Missouri law. The Council shall also prepare and make available a brochure detailing guidelines regarding service dogs and assistance animals.

These provisions are identical to provisions in the truly agreed to and finally passed SS/SB 644 (2020) and the truly agreed to and finally passed HCS/SB 656 (2020), substantially similar to provisions in HCS/HB 1319 (2020) and SB 750 (2020) and similar to provisions in HCS/HB 107 (2019), SCS/SB 107 (2019), HCS/HB 2031 (2018), and HCS/SS/SCS/SB 918 (2018).

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 the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (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 SS/SCS/HCS/HB 1414 (2020) and substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (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 substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (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 provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and SB 924 (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 a provision in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020).

GUARDIANS AD LITEM (Section 210.160)

Under this act, guardians ad litem (GALs) appointed in a case involving an abused or neglected child shall be required to establish a relationship with the child and meet face-to-face in a private setting to observe the child and ascertain the child's wishes and needs. Such initial interview shall take place within 7 business days following the receipt of notification of the appointment by the GAL and receipt of information pertaining to the custody and location of the child. The time period during which the GAL shall meet with the child for the initial interview may be modified as specified in the act. The GAL shall continue to maintain contact with the child for the duration of the appointment. The child's current placement or legal custodian shall cooperate with the GAL to schedule the initial meeting and take all steps necessary to effectuate the meeting. Additionally, the GAL shall attend, as appropriate and necessary, any and all family support team meetings involving the child.

This provision is identical to SS/SB 623 (2020) and similar to SB 88 (2019) and provisions in SB 930 (2018) and SB 1073 (2016).

FOSTER PARENTS (Sections 210.566, 210.790, 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.

These provisions are substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020) and similar to SB 360 (2019), provisions in HCB 12 (2018), and SB 1073 (2016).

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.

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 identical to a provision in the truly agreed to and finally passed CCS/HCS/SCS/SB 653 (2020) and substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (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 the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020).

THE "SEXUAL ASSAULT SURVIVORS' BILL OF RIGHTS" (Section 595.201)

This act establishes the "Sexual Assault Survivors' Bill of Rights". Under this act, certain specified rights are provided for survivors of sexual assault during any forensic examination and during any interview by a law enforcement official, prosecuting attorney, or defense attorney, including the right to consult with employees or volunteers of rape crisis centers during any examination or interview, the right to receive notice of these rights prior to an examination or interview, the right to a prompt analysis of the forensic evidence, and other specified rights.

This provision is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/SB 569 (2020) and similar to SB 812 (2020).

THE "MISSOURI RIGHTS OF VICTIMS OF SEXUAL ASSAULT TASK FORCE" (Section 595.202)

This act creates the "Missouri Rights of Victims of Sexual Assault Task Force" to consist of membership as set forth in the act. The task force shall make certain recommendations as provided in the act. The task force shall collect data regarding sexual assault reporting, arrest, prosecution rates, access to sexual assault victims services, and any other important data, as well as collect feedback from stakeholders, practitioners, and leadership throughout the state and local law enforcement, victim services, forensic science practitioners, and health care communities. The task force shall submit a report on its findings to the Governor and the General Assembly no later than December 31, 2021. The task force shall expire on December 31, 2021.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SB 569 (2020) and similar to SB 812 (2020).

EVIDENTIARY COLLECTION KITS (Section 595.220)

This act modifies current law regarding procedures for tracking evidentiary collection kits. Currently, the Attorney General shall establish an electronic tracking system for evidentiary collection kits and their components, including individual specimen containers. Additionally, current law requires the Attorney General to permit sexual assault victims or their designees access to the system to monitor the current status of their kits. This act requires such victims to register with the system to track and obtain reports on the status and location of their kits through a secure web-based or similar system.

Appropriate medical providers, law enforcement agencies, laboratories, court personnel, persons or entities involved in the final disposition or destruction of the kits, and all other entities and persons having custody of the kits shall participate in the tracking system.

The Department of Public Safety, with the advice of the Attorney General and the assistance of the Department of Health and Senior Services, shall develop and retain within the state a central repository for unreported evidentiary collection kits that is temperature-controlled to preserve the integrity of the kits and diminish degradation. Unreported kits shall be retained for 5 years; except in the case of minor victims, the retention period shall be until 5 years after the victim reaches 18 years of age.

Finally, records entered into the electronic tracking system shall be confidential and not subject to disclosure under state law.

This provision is identical to a provision in the truly agreed to and finally passed SS/SCS/SB 569 (2020).

SARAH HASKINS