SS/SB 43 - This act modifies several provisions relating to child protection, including: (1) Youth Opportunities and Violence Prevention tax credit; (2) Children's Division service provider contracts; (3) services for youth; (4) child abuse investigations; (5) child's counsel; (6) age of marriage; (7) enforcement of child custody and visitation orders; (8) civil actions for childhood sexual abuse; and (9) 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 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).
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 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.
CHILD ABUSE INVESTIGATIONS (Section 210.145)
Under this act, if an alleged child abuse perpetrator is present during an investigation by the Children's Division, the case worker shall identify themselves and their role in the investigation. When visiting the home of an abused child or another child who may have witnessed the abuse, the case worker shall inform the child's parent or guardian that neither the child nor the parent or guardian is required to speak with the case worker, allow the case worker to enter the home, or otherwise provide the case worker with access to the child, without a warrant or court order, as well as inform the parent or guardian that they have the right to contact an attorney.
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, 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.
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.
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 substantially similar to SB 631 (2025) and SCS/SBs 767 & 1342 (2024).
ENFORCEMENT OF CHILD CUSTODY AND VISITATION ORDERS (Section 452.425)
Currently, a court order for the custody of, or visitation with, a child may include a provision that the sheriff or other law enforcement shall enforce the rights of any person to custody or visitation. This act requires that such provision be included in custody or visitation orders.
This provision is identical to a provision in the perfected SS/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 commenced on or after August 28, 2025, including those that would have been barred by the application of the statute of limitations prior to 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 identical to 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.
SARAH HASKINS