HB 737
Modifies provisions relating to child protection
Sponsor:
LR Number:
1974H.08T
Committee:
Last Action:
4/29/2025 - Truly Agreed To and Finally Passed
Journal Page:
Title:
CCS SS HCS HBs 737 & 486
Effective Date:
August 28, 2025
House Handler:

Current Bill Summary

CCS/SS/HCS/HBs 737 & 486 - This act modifies several provisions relating to child protection, including: (1) Youth Opportunities and Violence Prevention tax credit; (2) independent play; (3) Children's Division service provider contracts; (4) services for youth; (5) child's counsel; (6) child abuse and neglect investigations; (7) money held by the Children's Division for the benefit of a child; (8) the Amber Alert System; (9) child placement; (10) age of marriage; (11) civil actions for childhood sexual abuse; and (12) endangering the welfare of a child in the first degree.

YOUTH OPPORTUNITIES AND VIOLENCE PREVENTION TAX CREDIT (Section 135.460)

Current law authorizes a tax credit in the amount of 50% of contributions made to certain youth programs. This act increases such tax credit to 70% of the amount of such contributions made.

This provision is identical to a provision in the perfected SS/SB 43 (2025), SB 126 (2025), SB 1179 (2024), SCS/HCS/HB 1483 (2024), HCS/HB 1935 (2024), HB 2089 (2024), SCS/SB 455 (2023), HCS/SS/SB 143 (2023), and HCS/HB 714 (2023).

INDEPENDENT PLAY (Sections 210.110, 568.060, and 578.421)

Under this act, a person does not commit the offense of abuse or neglect of a child or otherwise be determined to have neglected 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.

This provision is substantially similar to a provision in HCS/HB 2227 (2024).

CHILDREN'S DIVISION SERVICE PROVIDER CONTRACTS (Section 210.112)

Under this act, provisions in service provider contracts with the Children's Division in which the state is indemnified, held harmless, or insured for damages, claims, losses, or expenses arising from any injury caused by or resulting from the state's negligence shall be void as against public policy and unenforceable.

This provision is identical to a provision in the perfected SS/SB 43 (2025) and SB 143 (2025).

SERVICES FOR YOUTH (Section 210.119)

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. 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 in the Department shall have made a determination that the needs of the youth cannot be met with existing programs.

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 certified, licensed, or accredited in their respective fields of service, based in Missouri, and entities with proven experience in the areas for which they shall provide services.

A qualified service provider providing services under this act shall have immunity as specified in the act.

The Department shall be authorized to enter into memoranda of understanding with any facility or campus under state ownership that is appropriate for the program and youth being served.

This provision is identical to a provision in the perfected SS/SB 43 (2025).

CHILD'S COUNSEL (Sections 210.145, 210.160, 210.560, 210.565, 210.762, 211.032, 211.211, 211.261, 211.462, 477.700, 477.705, 477.710, and 477.715)

Beginning January 1, 2028, and subject to appropriations, unless operating under a pilot project established by the Missouri Supreme Court, 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 as specified in the act. 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. The court shall award child's counsel fees from state funds appropriated for such purpose.

This act creates the "Child and Family Legal Representation Coordinating Commission" within the judicial branch, with nine members appointed by the Chief Justice of 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 Commission 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 Commission 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.

Under this act, a circuit may participate in a pilot project established by the Missouri Supreme Court relating to guardians ad litem, children's counsel, or parent's counsel, in which case a judge may appoint a child's counsel instead of a guardian ad litem. This provision shall expire on January 1, 2028.

These provisions are substantially similar to provisions in the perfected SS/SB 43 (2025).

CHILD ABUSE AND NEGLECT INVESTIGATIONS (Section 210.145)

Under this act, if a parent or an alleged child abuse perpetrator is present during an investigation or assessment by the Children's Division, the case worker shall identify themselves and their role in the investigation and inform the child's parent of his or her rights regarding such visit, including the right to contact an attorney, as described in the act.

This provision is similar to a provision in the perfected SS/SB 43 (2025).

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.

The Department of Social Services shall have the authority to contract with private individuals, law firms, not-for-profits, or partnerships to apply for benefits on behalf of a child in its care under this act.

This provision is substantially similar to provision in SB 170 (2025), SS#2/SB 862 (2024), and HCS/HB 2227 (2024).

AMBER ALERT SYSTEM (Section 210.1012)

This act modifies the Amber Alert System by including within the system abducted or missing African American youth. Such youth shall include those reasonably believed to be a victim of certain sex trafficking offenses. Additionally, the Department of Public Safety shall not discriminate against any person because of race, color, religion, national origin, ancestry, sex, disability, or familial status when coordinating with local law enforcement agencies and public commercial television and radio broadcasters to provide an effective system.

This provision is similar to SB 611 (2025) and SB 612 (2025).

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. The Department of Social Services may contract to implement these provisions

This provision is substantially similar to provisions in HCS/SS#2/SB 862 (2024), HCS/HB 2227 (2024), SB 1133 (2024), SB 621 (2023), provisions in HCS/SS/SCS/SB 129 (2023), HB 1034 (2021), and HCS/SS/SB 198 (2023).

AGE OF MARRIAGE (Sections 451.040, 451.080, and 451.090)

Currently, no marriage license shall be issued in Missouri for individuals under 16 years of age or issued when one party to the marriage is under 18 years of age and the other party over 21 years of age. Additionally, no marriage license shall be issued if any party to the marriage is under 18 years of age without parental consent.

This act repeals those provisions and no marriage license shall be issued in Missouri for individuals under 18 years of age.

These provisions are identical to the perfected SS/SB 66 (2025) and provisions in the perfected SS/SB 43 (2025) and substantially similar to SB 631 (2025) and SCS/SBs 767 & 1342 (2024).

CIVIL ACTIONS FOR CHILDHOOD SEXUAL ABUSE (Section 537.046)

This act modifies the offenses included in the definition of "childhood sexual abuse" for civil actions to recover damages from injury or illness caused by childhood sexual abuse. The act shall apply to any action arising on or after August 28, 2025.

This act also provides that a nondisclosure agreement by any party to a childhood sexual abuse action shall not be judicially enforceable in a dispute involving childhood sexual abuse allegations or claims and shall be void.

This provision is substantially similar to provisions in the perfected SS/SB 43 (2025) and SB 590 (2025) and similar to a provision in SB 1063 (2024) and SB 1092 (2024).

ENDANGERING THE WELFARE OF A CHILD IN THE FIRST DEGREE (Section 568.045)

Currently, a person commits the offense of endangering the welfare of a child in the first degree if he or she knowingly engages in sexual conduct with a person under the age of seventeen years over whom the person is a parent, guardian, or otherwise charged with the care and custody of the child. This act changes the age of the child from under seventeen to under eighteen.

This provision is identical to a provision in the perfected SS/SB 43 (2025).

SARAH HASKINS