HCS/SS/SB 198 - This act modifies provisions relating to vulnerable persons, including: (1) missing children; (2) identification for homeless children; (3) educational services for students receiving treatment at certain facilities; (4) foster child enrollment; (5) special education records; (6) do-not-resuscitate orders; (7) patient examinations; (8) the Missouri Parkinson's Disease Registry Act; (9) birth certificates for victims of domestic violence; (10) MO HealthNet applications; (11) child care facility complaints; (12) relative placement; (13) background checks for residential care facilities and child placing agencies; (14) child placement; (15) disclosure of certain records relating to children; (16) child abductions; (17) child custody enforcement; (18) lead poisoning; and (19) accreditation of the Department of Social Services.
MISSING CHILDREN (Sections 43.400, 43.401, and 210.795)
This act modifies the definition of a "missing child" in the context of law enforcement searches of missing children to include persons under 18 years of age, foster children regardless of age, emancipated minors, or homeless youth. Any agency or placement provider, including the Children's Division, with the care and custody of a child who is missing shall file a missing child complaint with the appropriate law enforcement agency within 2 hours of determining the child to be missing. The law enforcement agency shall immediately submit information on the missing child to the National Center for Missing and Exploited Children (NCMEC). The law enforcement agency shall institute a proper investigation and search for the missing child and maintain contact with the agency or placement provider making the complaint. The missing child's entry shall not be removed from any database or system until the child is found or the case is closed.
In the case of a child in the custody of the state who is determined to be missing, the child's case manager shall maintain information on the report and continue making contact with the child's family, juvenile officer, and guardian ad litem, among others. The case manager shall continue to contact law enforcement, as described in the act, and make quarterly reports to the court as to the child's status and efforts to locate the child. The Division shall not petition the court for a release of jurisdiction for the child or stop searching for the child while the child is missing until the child reaches 21.
The Division shall develop protocols for conducting ongoing searches for children missing from care, as well as implement preventative measures to identify and mitigate risks to children who are at increased risk of running away, disappearing, or experiencing trafficking. The Division shall ensure that each child in the care and custody of the Division has an updated photograph in the child's record.
Any employee or contractor with the Division, service providers contracted by the Division, child welfare agencies, other state agencies, or schools shall, upon becoming aware that an emancipated minor or homeless youth is missing, inform the appropriate law enforcement agency and NCMEC within 24 hours.
These provisions are identical to provisions in HB 1034 (2023) and substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181, et al. (2023), and SB 646 (2023).
IDENTIFICATION FOR HOMELESS CHILDREN (Section 136.055, 302.178, and 302.181)
This act modifies provisions relating to licenses issued by the Department of Revenue. This act exempts homeless children, homeless youths, and unaccompanied youths, as defined by law, from certain fees collected by Department of Revenue fee offices. The act also adds these groups to the definition of "emancipated minor" for purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees.
The act provides that no fee shall be required or collected from a homeless child, homeless youth, or unaccompanied youth to obtain his or her first nondriver identification card. A minor's status as a homeless child, homeless youth, or unaccompanied youth under the act shall be verified by a letter signed by a director or designee of a governmental or nonprofit agency providing services to homeless persons, by a local education agency liaison as described under federal law, by a school social worker or counselor, or by an attorney who is representing the minor in a legal matter.
These provisions are identical to the perfected SB 47 (2023) and SCS/SB 1167 (2022), and similar to HB 2789 (2022), provisions in SCS/HCS/HB 2376 (2022), and provisions in HCS/SS#2/SB 823 (2022).
EDUCATIONAL SERVICES FOR STUDENTS RECEIVING TREATMENT AT CERTAIN FACILITIES (Sections 163.063 and 167.126)
This act provides that school districts shall pay for educational services rendered while students receive treatment at residential care facilities and psychiatric residential treatment facilities. The act outlines the reimbursement calculations for such students.
The act adds students who have been admitted to a psychiatric residential treatment facility under a physician's order due to a diagnosed mental illness to the list of students who have the right to receive educational services in their district of residence. When a student's school district of residence, other than the district of domicile, provides educational services while the student temporarily resides in a psychiatric residential treatment facility for more than three days, the district of domicile shall remit to the district of residence an amount equal to the average per-pupil sum produced by the local tax effort of the district of domicile. In cases where the Department of Mental Health or the Department of Social Services places a student in a psychiatric residential treatment facility, the student's district of residence may receive from the Department of Elementary and Secondary Education an amount equal to the sum by which the per-pupil costs of educational services provided to the student exceeds the amount received from the domiciliary district, subject to appropriation.
These provisions are similar to provisions in the truly agreed to and finally passed SS/HB 447 (2023), the perfected HCS/HB 715 (2023), HCS/SS/SCS/SBs 411 & 230 (2023), and SB 422 (2023).
FOSTER CHILD ENROLLMENT (Section 167.019)
In the event that a best interest determination of a foster child's school district of enrollment is not completed within ten business days of such child's placement in a foster home, the determination shall be that it is in the child's best interests to enroll in the district of the child's residence as a result of foster care placement. This provision shall apply only in cases where the child's residential address as a result of foster care placement and the child's previous school are more than ten miles apart, or fifteen if the child's attends a special school.
This provision is identical to a provision in the truly agreed to and finally passed SS/HB 447 (2023).
SPECIAL EDUCATION RECORDS (Section 167.027)
Under this act, a student's special education record shall be deemed a permanent record and shall be maintained as a part of a child's cumulative scholastic record. No school district or pubic school shall destroy a child's student special education record.
This provision is substantially similar to a provision in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023) and HB 1289 (2023).
DO-NOT-RESUSCITATE ORDERS (Sections 190.600-190.613)
This act modifies the "Outside the Hospital Do-Not-Resuscitate Act" by expanding the provisions to cover persons under 18 years of age who have do-not-resuscitate orders issued on their behalf by a parent or legal guardian or by a juvenile or family court under a current provision of law. Such orders shall function as outside the hospital do-not-resuscitate orders unless specifically stated otherwise. Persons who are not subject to civil, criminal, or administrative liability for certain actions taken upon the discovery of an adult outside the hospital do-no-resuscitate orders shall not be subject to such liability in the case of a minor child's do-not-resuscitate order. Emergency services personnel shall be authorized to comply with the minor child's do-not-resuscitate order, except when the minor child, either parent, the legal guardian, or the juvenile or family court expresses to such emergency services personnel in any manner, before or after the onset of a cardiac or respiratory arrest, the desire for the patient to be resuscitated.
Under this act, do-not-resuscitate orders from other states or territories, or Transportable Physician Orders for Patient Preferences/Physician Orders for Life-Sustaining Treatment (TPOPP/POLST) forms containing specific do-not-resuscitate provisions, as described in the act, shall be accepted under this section and may be revoked by the patient or patient's representative at any time and by any means.
These provisions are identical to provisions in the truly agreed to and finally passed SS/HB 402 (2023), SS/SCS/SB 228 (2023), HCS/HB 594 (2023), SCS/HCS/HB 1015 (2023), HCS/SS/SB 213 (2023), and SS/SCS/SB 228 (2023), substantially similar to provisions in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023) and HCS/SS/SCS/SB 106 (2023), and similar to HB 2741 (2022).
PATIENT EXAMINATIONS (Section 191.240)
Under this act, no health care provider, or any student or trainee under the supervision of a health care provider, shall perform a patient examination, defined as a prostate, anal, or pelvic examination, upon an anesthetized or unconscious patient in a health care facility, unless: (1) the patient or person authorized to make health care decisions for the patient gives specific informed consent, (2) the patient examination is necessary for diagnostic or treatment purposes, or (3) the collection of evidence through a forensic examination for a suspected sexual assault is necessary because the evidence will be lost or the patient is unable to give informed consent due to a medical condition is present. A health care provider shall notify a patient of certain examinations performed.
A health care provider who violates the provisions of this act, or who supervises a student or trainee who violates the provisions of this act, shall be subject to disciplinary action by the provider's licensing board.
These provisions are similar to provisions of the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), SCS/HB 283 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), HCS/HB 1742 (2022), and SB 746 (2022).
THE MISSOURI PARKINSON'S DISEASE REGISTRY ACT (Section 191.1820-191.1855)
This act establishes the "Missouri Parkinson's Disease Registry Act". Beginning January 1, 2024, the University of Missouri, or any medical research university in a memorandum of understanding with the University, shall establish a Parkinson's disease registry in order to collect data on the incidence of Parkinson's disease in Missouri, as well as other epidemiological data, as described in the act. All patients with Parkinson's disease or similar symptoms shall be given the opportunity to opt out of participation in the registry. The University shall establish an advisory committee in order to assist in the development of the registry and to determine the data to be collected.
Beginning August 28, 2024, all cases of Parkinson's disease and similar symptoms diagnosed or treated in Missouri shall be reported to the registry, as described in the act. The University may enter into agreements to share information in the registry with other states, the federal government, local health agencies, or researchers; provided, that the confidentiality of the information is maintained. The registry shall not contain any identifying information about patients. Finally, the University shall provide a report to the General Assembly before January 1 of each year summarizing the year's incidence of the disease by county and other demographic information.
This provision is identical to HB 822 (2023) SB 553 (2023) and substantially similar to provisions in the truly agreed to and finally passed SS/HB 402 (2023) and SB 553 (2023).
BIRTH CERTIFICATES FOR VICTIMS OF DOMESTIC VIOLENCE (Section 193.265)
This act waives any required fees for the issuance or copy of a birth certificate if the request is made by a victim of domestic violence or abuse and if the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, attorney, or health care or mental health professional stating that such person believes that the victim has been involved in an incident of domestic violence or abuse. A victim may only be eligible once for the fee waiver.
This provision is identical to provisions in the truly agreed to and finally passed CCS/SB 28 (2023) and substantially similar to HB 1300 (2020).
MO HEALTHNET APPLICATIONS (Section 208.072)
Under this act, the application of a minor or incapacitated applicant for MO HealthNet benefits shall by accepted from someone acting responsibly for the applicant.
This provision is identical to a provision in the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), HCS/SS/SB 213 (2023), and HB 1288 (2023).
CHILD CARE FACILITY COMPLAINTS (Section 210.203)
Under this act, no information identifying a reporter of parental complaints against a child care facility to the Department of Elementary and Secondary Education shall be made available to the public as part of a request.
RELATIVE PLACEMENT (Sections 210.305 and 210.565)
This act modifies current law regarding diligent searches for grandparents or relatives when a child is removed from a home and is need of placement. This act further defines what a diligent search for relatives shall entail and what notice should be provided to any relatives found of their rights to become a foster parent for the child. All diligent search efforts and placements shall be completed within 6 months of the child entering the custody of the state, unless otherwise specified. There shall be a preference of placement for a child to remain in a current foster family placement.
Finally, this act modifies preferential placement for relatives by removing the distinction between relatives in the third degree and other relatives and adding foster parents or kinship caregivers with whom a child has resided for 9 months or more in the definition of a relative.
These provisions are identical to provisions in the truly agreed to and finally passed CCS/HCS/SB 186 (2023), SCS/HS/HCS/HBs 1108 & 1181 (2023), and HB 1034 (2023) and similar to SB 665 (2023).
CHILD PLACING AGENCY AND RESIDENTIAL CARE FACILITY BACKGROUND CHECKS (Section 210.493)
This act modifies provisions of current law relating to background checks of individuals in connection with licensed residential care facilities and licensed child placing agencies. Current law requires officers, managers, and support staff to undergo background checks and this act repeals that provision. This act requires the background check to include a state background check.
This provision is identical to provisions in HCS/SS/SB 213 (2023), substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 40 (2023), HCS/HB 669 (2023), SS/HB 81 (2023), SCS/HB 2623 (2022), and SCS/HCS/HB 237 (2022), and similar to a provision in HCS/SS#2/SB 823 (2022).
CHILD PLACEMENT (Section 210.841 and 211.221)
Under this act, a court shall not award custody, guardianship, or unsupervised visitation in a paternity action to a parent who has been found guilty, or pled guilty to, specified offenses when a child is a victim.
This provision is identical to SS/SB 213 (2023)
Under this act, the Children's Division and child placing agencies shall, whenever practicable, select either a person or agency or institution governed by persons of the same religious faith as that of the child's parents or that of the child, as described in the act, when placing a child.
This provision is identical to a provision in HCS/SS/SCS/SB 129 (2023), HB 1034 (2021), and SB 621 (2023).
DISCLOSURE OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360)
Under this act, any personally identifiable information regarding any child receiving child care from a provider or applying for or receiving any services through a state program shall not be subject to disclosure, except as described in the act.
This act is identical to HB 1010 (2023) and a provision in HCS/SS/SB 213 (2023) and substantially similar to provisions in the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the truly agreed to and finally passed CCS/SB 28 (2023), the truly agreed to and finally passed HCS/SCS/SB 103 (2023), the truly agreed to and finally passed CCS/HCS/SS/SCS/SBs 45 & 90 (2023), the truly agreed to and finally passed SS/HB 447 (2023) and SB 628 (2023).
CHILD ABDUCTIONS (Sections 452.705, 452.730, 452.885, and 452.1000-452.1122)
This act modifies the Uniform Child Custody Jurisdiction and Enforcement Act by permitting the court, upon a filing of a petition as described in the act, to issue an ex parte warrant to take physical custody of a child if the court finds that there is a credible risk that the child is imminently likely to suffer wrongful removal. Additionally, the court may, before issuing the warrant and before determining placement of the child, order a search of certain databases to determine if the petitioner or respondent has a history of domestic violence, stalking, or child abuse or neglect. A respondent shall be afforded an opportunity to be heard at the earliest possible time after the ex parte warrant is executed, but no later than the next judicial day unless a hearing on that date is impossible.
This act establishes the Uniform Child Abduction Prevention Act, which permits the court, either on its own or through a party's petition, to order abduction prevention measures in a child custody proceeding if the court finds that the evidence establishes a credible risk of abduction of the child, as described in the act.
These provisions are identical to HCS/HB 1058 (2023) and provisions in HCS/SS/SB 213 (2023).
CHILD CUSTODY ENFORCEMENT (Section 487.110)
This act modifies references to the Uniform Child Custody Jurisdiction Act, which was repealed in 2009, to the Uniform Child Custody Jurisdiction and Enforcement Act in a statute relating to child custody proceedings in family courts.
This provision is identical to HCS/SS/SB 213 (2023), SCS/HCS/HBs 994, 52, & 984 (2023), SB 528 (2023), a provision of HB 1151 (2023), HB 1271 (2023), and HB 500 (2023).
ENDANGERING THE WELFARE OF A CHILD (Section 568.050)
Under this act, leaving a child under 8 years of age unattended in a motor vehicle and the child suffering injury or death as a result shall the offense of endangering the welfare of a child in the second degree and a Class A misdemeanor.
This provision is identical to provisions in HCS/SS/SB 213 (2023) and HB 888 (2023).
LEAD POISONING (Sections 701.336-701.348)
Currently, the Department of Health and Senior Services, in collaboration with the Department of Social Services and other health care organizations, shall develop an educational strategy to increase the number of children who are tested for lead poisoning under the Medicaid program. This act repeals a provision describing the goals and timelines of the educational strategy.
Under this act, every medical provider serving children shall annually provide education to all parents and guardians of children under 4 years of age regarding lead hazards and provide the option to test every child under 4 years of age with the consent of the parent or guardian. This act repeals the requirement that parents or guardians provide a written statement refusing lead testing.
This act repeals provisions requiring all children less than 6 years of age who reside or spend more than 10 hours a week in a high risk area to be annually tested for lead poisoning. Instead, every child under 6 years of age shall be annually assessed for lead poisoning risk and may be tested with the consent of the child's parent or guardian.
Finally, every child care facility located in a geographic area of high risk for lead poisoning shall, within 30 days of enrollment of a child age 12 months of age or older and under 5 years of age, require the child's parents or guardians to provide evidence of lead poisoning testing or a statement of refusal of such testing.
These provisions are identical to the provisions in the truly agreed to and finally passed SS/HB 402 (2023), the truly agreed to and finally passed HCS/SS/SCS/SB 106 (2023), the perfected HCS/HB 906 (2023), and SCS/SB 507 (2023).
ACCREDITATION OF THE DEPARTMENT OF SOCIAL SERVICES (repeal of Section 211.113)
This act repeals a provision stating the intent of the General Assembly that the Department of Social Services attain accreditation by the Council for Accreditation for Families and Children's Services by August 28, 2009.
This provision is identical to a provision in HCS/SS/SB 213 (2023) and HB 1073 (2023).
SARAH HASKINS
HA#1: MODIFIES PROVISIONS IN THE HCS RELATING TO OUTSIDE THE HOSPITAL DO NOT RESUSCITATE ORDERS, PATIENT EXAMINATIONS, THE MISSOURI PARKINSON'S DISEASE REGISTRY ACT, AND CONFIDENTIAL INFORMATION OF CHILDREN
HA#2: REPEALS A PROVISION IN THE TRULY AGREED TO AND FINALLY PASSED HB 402 RELATING TO A VOLUNTARY NONOPIOID DIRECTIVE FORM AND ADDS A PROVISION RELATING TO ADVANCE HEALTH CARE DIRECTIVES
HA#3: ADDS PROVISIONS RELATING TO EARLY CHILDHOOD SERVICES GRANTS; RURAL EMERGENCY HOSPITALS; AND VICTIMS RIGHTS
HA#4: MODIFIES PROVISIONS RELATING TO SNAP BENEFITS ELIGIBILITY FOR CERTAIN FELONS
HA#5: ADDS PROVISIONS RELATING TO THE OFFICE OF CHILD ADVOCATE
HA#6: MODIFIES PROVISIONS RELATING TO PHYSICIAN ASSISTANTS
HA#7: MODIFIES PROVISIONS RELATING TO DISCLOSURE OF THE INDIVIDUALLY IDENTIFIABLE INFORMATION OF PERSONS REGISTERING FOR A RECREATIONAL OR SOCIAL ACTIVITY SPONSORED BY A PUBLIC GOVERNMENTAL BODY
HA#9: MODIFIES HCS PROVISION ON CONFIDENTIAL INFORMATION OF CHILDREN; SAME AS A PROVISION OF HA#1
HA#10: MODIFIES SECTION 167.027 IN THE HCS RELATING TO SPECIAL EDUCATION RECORDS