To repeal sections 210.170, 455.027 and 455.030, RSMo 1994, and sections 455.040 and 455.050, RSMo Supp. 1995, relating to the protection of children and adults, and to enact in lieu thereof twelve new sections relating to the same subject, with an effective date for certain sections.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF MISSOURI, AS FOLLOWS:

Section A. Sections 174.770, 174.773, 174.776, 174.779, 174.781, 174.783, and 174.785 are enacted to read as follows:

174.770. As used in sections 174.770 to 174.785, the following terms mean:

(1) "Community college", a public institution of higher education as defined in subsection 5 of section 163.191, RSMo;

(2) "Institution", a state institution of higher education, including a community college or state college or university.

174.773. 1. In consultation with the student government association or a recognized student group which represents the student body, the board of any community college district or the board of regents or board of curators of any state college or university may establish a child development training center and offer courses and programs in child development in accordance with the provisions of sections 174.770 to 174.785 and with prior approval and the supervision of the coordinating board for higher education.

2. Each child development training center shall be a child care center established to provide child care during the day and at various hours, including evenings and weekends, primarily for the children of students who are age eighteen and over. At least fifty percent of the child care slots shall be made available to students who demonstrate financial need, as defined by the governing board of each institution. The remaining child care slots may be used by the center to serve the children of other adult students who attend the institution, as well as the children of the institution's staff, faculty and employees, but no designated slots shall be allotted for staff, faculty or employees. Whenever possible, the center shall be located on the campus of the institution. The board of a community college district or any other institution may, however, elect to provide child care services through alternative mechanisms, which may include contracting with private providers.

174.776. There shall be a board of directors of each child development training center, consisting of the president of the institution or a designee, the student government or other recognized student body president or a designee, the chair of the department participating in the center or a designee, and one client for each twenty-five children enrolled in the center. Such board shall be elected by majority vote of the clients having children enrolled in the center. There shall be a director of each center, selected by the board of directors of the center. The director shall be an ex officio, nonvoting member of the board. The board of the community college district shall establish local policies and perform local oversight and operational guidance for the center.

174.779. Each center established pursuant to the provisions of sections 174.770 to 174.785 may charge fees for the care and services it provides. The board of the community college district or board of regents or board of curators in which any center is located shall establish mechanisms to facilitate access to center services for students with financial need, which shall include a sliding fee scale and other methods adopted by the board to reduce or defray payment of fees for students. The board of the community college district is authorized to seek and receive grants, gifts, donations and other public and private resources to support the operation of the child development center.

174.781. In addition to revenues derived from child care fees charged to parents and other external resources, each child development training center may be funded by a portion of funds from student activity and service fees authorized by an institution and the capital improvement funds and procedures authorized by sections 8.310, 21.527 and 177.088, RSMo. For the purpose of sections 174.770 to 174.785, an institution is authorized to transfer funds as necessary from the institution's general fund to support the operation of the child development training center.

174.783. The coordinating board of higher education shall adopt rules for the establishment, operation and supervision of the child development training centers. These rules shall include, but not be limited to:

(1) A defined methodology for establishing the center;

(2) Participation in the operation of the center by the student government association or other recognized student group that represents the student body;

(3) Guidelines for the clinical training program and provision of instruction in parenting skills to clients at each center as well as in the community;

(4) Guidelines for the receipt and management of funds from fees, grants and other sources of funds consistent with existing state law.

The coordinating board of higher education shall require centers to obtain appropriate licensing and accreditation.

174.785. Sections 174.770 to 174.785 do not preclude the continuation of or in any way affect child care centers operated by public community colleges, state colleges or state universities which were established by their governing boards prior to the effective date of this section.

Section B. Section A of this act shall become effective July 1, 1997.

Section C. Sections 210.170, 455.027 and 455.030, RSMo 1994, and sections 455.040 and 455.050, RSMo Supp. 1995, are repealed and five new sections enacted in lieu thereof, to be known as sections 210.170, 455.027, 455.030, 455.040, and 455.050, to read as follows:

210.170. 1. There is hereby created within the office of administration of the state of Missouri the "Children's Trust Fund Board", which shall be composed of [fifteen] eighteen members as follows:

(1) [Eleven] Fourteen public members to be appointed by the governor by and with the advice and consent of the senate. As a group, the public members appointed under this subdivision shall demonstrate knowledge in the area of prevention programs, shall be representative of the demographic composition of this state, and, to the extent practicable, shall be representative of all of the following categories:

(a) Organized labor;

(b) The business community;

(c) The educational community;

(d) The religious community;

(e) The legal community;

(f) Professional providers of prevention services to families and children;

(g) Volunteers in prevention services;

(h) Social services;

(i) Health care services; and

(j) Mental health services;

(2) Two members of the Missouri house of representatives, who shall be appointed by the speaker of the house of representatives and shall be members of two different political parties; and

(3) Two members of the Missouri senate, who shall be appointed by the president pro tem of the senate and who shall be members of two different political parties.

2. All members of the board appointed by the speaker of the house or the president pro tem of the senate shall serve until their term in the house or senate during which they were appointed to the board expires. All public members of the board shall serve for terms of three years; except, that of the public members first appointed, four shall serve for terms of three years, four shall serve for terms of two years, and three shall serve for terms of one year. No public members may serve more than two consecutive terms, regardless of whether such terms were full or partial terms. Each member shall serve until his successor is appointed. All vacancies on the board shall be filled for the balance of the unexpired term in the same manner in which the board membership which is vacant as originally filled.

3. Any public member of the board may be removed by the governor for misconduct, incompetency, or neglect of duty after first being given the opportunity to be heard in his or her own behalf.

4. The board may employ an executive director who shall be charged with carrying out the duties and responsibilities assigned to him by the board. The executive director may obtain all necessary office space, facilities, and equipment, and may hire and set the compensation of such staff as is approved by the board and within the limitations of appropriations for the purpose. All staff members, except the executive director, shall be employed pursuant to chapter 36, RSMo.

5. Each member of the board shall be reimbursed for all actual and necessary expenses incurred by him in the performance of his official duties. All reimbursements made under this subsection shall be made from funds in the children's trust fund appropriated for that purpose.

6. All business transactions of the board shall be conducted in public meetings in accordance with sections 610.010 to 610.030, RSMo.

7. The board may accept federal funds for the purposes of sections 210.170 to 210.174, as well as gifts and donations from individuals, private organizations, and foundations. The acceptance and use of federal funds shall not commit any state funds nor place any obligation upon the general assembly to continue the programs or activities for which the federal funds are made available. All funds received in the manner described in this subsection shall be transmitted to the state treasurer for deposit in the state treasury to the credit of the children's trust fund.

8. The board shall elect a chairperson from among the public members, who shall serve for a term of two years. The board may elect such other officers and establish such committees as it deems appropriate.

9. The board shall exercise its powers and duties independently of the office of administration except that budgetary, procurement, accounting, and other related management functions shall be performed by the office of administration.

455.027. [1.] No [advance] filing fees or bond shall be required for filing a petition in an action commenced under sections 455.010 to 455.085.

[2. The clerk shall advise the petitioner of his right to file a financial statement indicating the petitioner's income and liabilities. This information may be required by the court and shall be considered before assessment of court costs.

3. Assessment of court costs or a determination of indigency shall be considered by the court at the time of a termination of the proceeding.]

455.030. 1. When the court is unavailable after business hours or on holidays or weekends, a verified petition for protection from abuse or a motion for hearing on violation of any order of protection under sections 455.010 to 455.085 may be filed before any available circuit or associate circuit court judge in the city or county having jurisdiction to hear the petition pursuant to guidelines developed pursuant to subsection 4 of this section. An ex parte order may be granted pursuant to section 455.035.

2. All papers in connection with the filing of a petition or the granting of an ex parte order of protection or a motion for a hearing on a violation of an order of protection under this section shall be certified by such judge or the clerk within the next regular business day to the circuit court having jurisdiction to hear the petition.

3. A petitioner seeking a protection order shall not be required to reveal any current address or place of residence except to the judge in camera for the purpose of determining jurisdiction and venue. The petitioner may be required to provide a mailing address unless the petitioner alleges that he or she would be endangered by such disclosure, or that other family or household members would be endangered by such disclosure.

4. The supreme court shall develop guidelines which ensure that a verified petition may be filed on holidays, evenings and weekends.

455.040. 1. Not later than fifteen days after the filing of a petition under sections 455.010 to 455.085 a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of abuse or stalking by a preponderance of the evidence, the court shall issue a full order of protection for [a definite] an indefinite period of time[, not to exceed one hundred eighty days. Upon motion by the petitioner, and after a hearing by the court, the full order of protection may be renewed for a period not to exceed one hundred eighty days from the expiration date of the originally issued full order of protection. If for good cause a hearing cannot be held on the motion to renew the full order of protection prior to the expiration date of the originally issued full order of protection, an ex parte order of protection may be issued until a hearing is held on the motion. Upon motion by the petitioner, and after a hearing by the court, the second full order of protection may be renewed for an additional period not to exceed one hundred eighty days. For purposes of this subsection, a finding by the court of a subsequent act of abuse is not required for a renewal order of protection].

2. The court shall cause a copy of the petition and notice of the date set for the hearing on such petition and any ex parte order of protection to be personally served upon the respondent by personal process server as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such shall be served at the earliest time, and service of such shall take priority over service in other actions, except those of a similar emergency nature. The court shall cause a copy of any full order of protection to be served upon or mailed by certified mail to the respondent at his last known address. Failure to serve or mail a copy of the full order of protection to the respondent shall not affect the validity or enforceability of a full order of protection.

3. A copy of any order of protection granted under sections 455.010 to 455.085 shall be issued to the petitioner and to the local law enforcement agency in the jurisdiction where the petitioner resides. The clerk shall also issue a copy of any order of protection to the local law enforcement agency responsible for maintaining the Missouri uniform law enforcement system or any other comparable law enforcement system the same day the order is granted. The law enforcement agency responsible for maintaining MULES shall enter information contained in the order for purposes of verification within twenty-four hours from the time the order is granted. A notice of expiration or of termination of any order of protection shall be issued to the local law enforcement agency and to the law enforcement agency responsible for maintaining MULES or any other comparable law enforcement system. The law enforcement agency responsible for maintaining the applicable law enforcement system shall enter such information in the system.

455.050. 1. Any full or ex parte order of protection granted under sections 455.010 to 455.085 shall be to protect the petitioner from abuse or stalking and may include:

(1) Temporarily enjoining the respondent from abusing, threatening to abuse, molesting, stalking or disturbing the peace of the petitioner;

(2) Temporarily enjoining the respondent from entering the premises of the dwelling unit of the petitioner when the dwelling unit is:

(a) Jointly owned, leased or rented or jointly occupied by both parties; or

(b) Owned, leased or rented by petitioner individually; or

(c) Jointly owned, leased or rented by petitioner and a person other than respondent; provided, however, no spouse shall be denied relief under this section by reason of the absence of a property interest in the dwelling unit.

2. Mutual orders of protection are prohibited unless both parties have properly filed written petitions and proper service has been made in accordance with sections 455.010 to 455.085.

3. When the court has, after a hearing for any full order of protection, issued an order of protection, [it may, in addition] the court:

(1) Shall award custody of any minor child born to or adopted by the parties when the court has jurisdiction over such child and no prior order regarding custody is pending or has been made, and the best interests of the child require such order be issued;

(2) Shall establish a visitation schedule that is in the best interests of the child;

(3) Shall award child support in accordance with supreme court rule 88.01 and chapter 452, RSMo;

(4) May award maintenance to petitioner when petitioner and respondent are lawfully married in accordance with chapter 452, RSMo;

(5) May order respondent to make or to continue to make rent or mortgage payments on a residence occupied by the petitioner if the respondent is found to have a duty to support the petitioner or other dependent household members;

(6) May order the respondent to pay the petitioner's rent at a residence other than the one previously shared by the parties if the respondent is found to have a duty to support the petitioner and the petitioner requests alternative housing;

(7) May order that the petitioner be given temporary possession of specified personal property, such as automobiles, checkbooks, keys, and other personal effects;

(8) May prohibit the respondent from transferring, encumbering, or otherwise disposing of specified property mutually owned or leased by the parties;

(9) May order the respondent to participate in a court-approved counseling program designed to help batterers stop violent behavior or to participate in a substance abuse treatment program;

(10) May order the respondent to pay a reasonable fee for housing and other services that have been provided or that are being provided to the petitioner by a shelter for victims of domestic violence[;

(11) Order the respondent to pay court costs].

4. A verified petition seeking orders for maintenance, support, custody, visitation, payment of rent, payment of monetary compensation, possession of personal property, prohibiting the transfer, encumbrance, or disposal of property, or payment for services of a shelter for victims of domestic violence, shall contain allegations relating to those orders and shall pray for the orders desired.

5. In making an award of custody, the court shall consider all relevant factors including the presumption that the best interests of the child will be served by placing the child in the custody and care of the nonabusive parent, unless there is evidence that both parents have engaged in abusive behavior, in which case the court shall not consider this presumption but may appoint a guardian ad litem or a court-appointed special advocate to represent the children in accordance with chapter 452, RSMo, and shall consider all other factors in accordance with chapter 452, RSMo.

6. The court shall grant to the noncustodial parent rights to visitation with any minor child born to or adopted by the parties, unless the court finds, after hearing, that visitation would endanger the child's physical health, impair his emotional development or would otherwise conflict with the best interests of the child, or that no visitation can be arranged which would sufficiently protect the custodial parent from further abuse. The court may appoint a guardian ad litem or court-appointed special advocate to represent the minor child in accordance with chapter 452, RSMo, whenever the custodial parent alleges that visitation with the noncustodial parent will damage the minor child.

7. The court shall make an order requiring the noncustodial party to pay an amount reasonable and necessary for the support of any child to whom the party owes a duty of support when no prior order of support is outstanding and after all relevant factors have been considered, in accordance with Missouri supreme court rule 88.01 and chapter 452, RSMo.

8. The court may grant a maintenance order to a party for a period of time, not to exceed one hundred eighty days. Any maintenance ordered by the court shall be in accordance with chapter 452, RSMo.