HB 2227 Modifies provisions relating to child protection

     Handler: Thompson Rehder

Current Bill Summary

- Prepared by Senate Research -


HCS/HB 2227 - This act modifies several provisions relating to the protection of children, including: (1) money held by the Children's Division for the benefit of a child; (2) child placement; and (3) the offense of child abuse or neglect.

MONEY HELD BY THE CHILDREN'S DIVISION FOR THE BENEFIT OF A CHILD (Section 210.560)

Under this act, the Children's Division shall determine whether a child coming into the custody of the Division is eligible for or receiving U.S. Railroad Retirement Board, Social Security, or Veterans Administration benefits within 60 days of entering the Division's legal custody. The Division shall apply for such benefits on the child's behalf if he or she is eligible, and shall only serve as a representative payee if no other candidate is suitable.

Currently, money in the child's accounts may be used by the Children's Division to pay for care or services for the child. Under this act, such money shall not be used to pay for care or services for the child. However, U.S. Railroad Retirement Board, Social Security, or Veterans Administration benefits may be used by the Division for the child's unmet needs beyond what the Division is otherwise obligated to pay.

Finally, the accounts in which the child's benefits shall be placed shall be established in a manner consistent with federal and state asset and resource limits.

This provision is substantially similar to a provision in the HCS/SS#2/SB 862 (2024).

CHILD PLACEMENT (Section 211.221)

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#2/SB 862 (2024), SB 1133 (2024), SB 621 (2023), provisions in HCS/SS/SCS/SB 129 (2023), HB 1034 (2021), and HCS/SS/SB 198 (2023).

OFFENSE OF CHILD ABUSE OR NEGLECT (Sections 568.060 and 578.421)

Under this act, a person does not commit the offense of abuse or neglect of a child solely because he or she allows the child to engage in independent activities without adult supervision and the person is responsible for the child's care, provided that the independent activities shall be age-appropriate and the lack of adult supervision is not grossly negligent as to endanger the health or safety of the child.

SARAH HASKINS


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