SB 43 - Under this act, the Department of Social Services shall establish a program to provide a comprehensive system of service delivery, education, and residential care for youth with severe behavioral challenges or severe developmental disabilities. In order to be eligible for the program, a youth shall be under 21 years of age, in the custody of the Department of Social Services, and a team of professionals in the Department shall have made a determination that the needs of the youth cannot be met with existing programs. A youth under 21 years of age in a voluntary placement agreement may qualify for the program if he or she otherwise meet the requirements of this act and resources are available. The Department shall have the authority to contract with qualified services providers to provide services to the youth under this act. Such service providers shall be licensed or accredited in their respective fields of service, based in Missouri, and not-for-profit entities with a record of success in the areas for which they shall provide services and shall have the same qualified immunities from civil liability as other private contractors with the Department.
The Department shall be authorized to enter into memoranda of understanding with any facility or campus under state ownership, including those owned and operated by the Division of Youth Services and the Department of Mental Health, that are appropriate for the youth being served, including facilities that are under-utilized or vacant.
Under this act and beginning no later than August 28, 2027, a judge shall appoint a child's counsel instead of a guardian ad litem (GAL) for children in certain proceedings who are at least 14 years but less than 18 years of age. If the child has a GAL at the time of his or her 14th birthday, that GAL shall automatically become the child's counsel, unless the judge determines that it is necessary to continue the GAL appointment due to the child's diminished capacity. The same attorney may serve as a GAL and child's counsel for a sibling group of varying ages, unless the attorney or judge finds a conflict of interest.
Finally, this act creates the "Child and Family Legal Representation Coordinating Board" within the Missouri Supreme Court, with nine members appointed by the Supreme Court with duties as described in the act, including working cooperatively with the various judicial circuits, judicial personnel, attorneys, and state departments and agencies to ensure uniform, high-quality legal representation for children or families involved in legal proceedings and making recommendations to the Missouri Supreme Court concerning the establishment or modification of minimum training requirements and practice standards for attorneys serving as guardians ad litem, children's counsel, or parent's counsel.
The Coordinating Board may also develop, coordinate, and evaluate pilot projects relating to guardians ad litem, children's counsel, or parent's counsel and outcomes relating to the various models of representation, as well as implementation of the children's counsel appointment provisions of this act.
This act creates the "Child and Family Legal Representation Fund" in the state treasury, to be distributed by the Coordinating Board to the judicial circuits for the purpose of improving or providing legal representation for children or families, including the appointment of guardians ad litem, children's counsel, or parent's counsel.
SARAH HASKINS