S3328.02T

To repeal sections 207.125, RSMo 1994, and sections 210.775 and 210.776, RSMo Supp. 1995, relating to certain boards and commissions, and to enact in lieu thereof four new sections relating to the same subject, with a termination date and an expiration date for certain sections.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Section 207.125, RSMo 1994, and sections 210.775 and 210.776, RSMo Supp. 1995, are repealed and four new sections enacted in lieu thereof, to be known as sections 26.301, 207.125, 210.775, and 210.776, to read as follows:

26.301. Except as otherwise specifically provided by law, all members of boards and commissions appointed by the governor shall, at the time of their appointment, be residents of the state of Missouri. Except as otherwise specifically provided by law, members of boards and commissions appointed by the governor who move from the state during their term on said boards and commissions shall be deemed to have vacated their position on said boards and commissions, and the governor shall appoint a person to the unexpired term as provided by law.

207.125. 1. The general assembly shall establish in the division of family services, the "Missouri Family Services Advisory Council" which shall consist of fifteen citizens to be appointed as follows:

(1) Five members, two of whom shall be members of the house of representatives each of whom shall be a member of a different political party, appointed by the governor from a list submitted by the speaker of the house of representatives;

(2) Five members, two of whom shall be members of the senate each of whom shall be a member of a different political party, appointed by the governor from a list submitted by the president pro tempore of the senate;

(3) Five members appointed by the governor who either participate in, or represent persons who participate in, any of the division of family services' programs.

2. The council shall organize by electing one member as chairperson and another as vice chairperson. The council shall meet no fewer than four times per calendar year in Jefferson City, at the call of the chairman, in facilities made available by the division of family services. The council members shall [receive no compensation and no per diem expenses] be reimbursed for their reasonable and necessary expenses incurred in the performance of their duties.

3. The council shall advise and counsel the division of family services on the rules, regulations and policy issues of the division and their effect on families. In addition, the council shall oversee the implementation and assess the success or failure of pilot projects which are chosen by the director of the division of family services for review by the council. The council shall report to the governor, the speaker of the house of representatives and the president pro tempore of the senate the results of the council's study of each pilot project reviewed by the council. Such report shall include the council's recommendation as to whether the pilot project should be expanded.

4. The council shall also serve in an ombudsman capacity by hearing complaints of citizens affected by the decisions and actions of the division regarding out-of-home placements of children in the custody of the division of family services and in-home services provided by the division of family services to families and children resulting from reports of child abuse and neglect which are received by the division. The council shall hire two employees to act as an ombudsman and secretary, whose salaries shall be paid from state appropriations made for that purpose from the division of family services budget. The ombudsman and secretary shall report to the advisory council quarterly on the number and nature of complaints and the manner in which they were resolved. The advisory council shall report annually, by January fifteenth, to the director of the division of family services and the children's services commission regarding the number, the nature and the disposition of complaints referred to the ombudsman.

5. The provisions of this section shall expire July 1, 1998.

210.775. 1. There is hereby created the "Missouri Foster and Group Home Placement Task Force". The task force shall consist of the following members:

(1) The director of the department of mental health, or the designee of the director;

(2) The director of the division of mental retardation and developmental disabilities, or the designee of the director;

(3) The director of the division of comprehensive psychiatric services, or the designee of the director;

(4) The director of the department of social services, or the designee of the director;

(5) The director of the division of family services, or the designee of the director;

(6) The director of the division of youth services, or the designee of the director;

(7) The commissioner of the department of elementary and secondary education, or the designee of the commissioner;

(8) An elementary school administrator and an elementary school special education teacher, appointed by the governor;

(9) A secondary school administrator and a secondary school special education teacher, appointed by the governor;

(10) Four foster parents, one of whom shall be from a noncharter county of the first classification containing a population in excess of two hundred thousand and one of whom shall be from that portion of a metropolitan statistical area, as defined by the federal Office of Management and Budget or its successor agency, within the boundaries of Missouri with a population of at least one million nine hundred thousand inhabitants and two administrators of a residential care facility for children, appointed by the governor;

(11) A member of the judiciary, who currently serves as a family court judge, appointed by the chief justice of the supreme court.

2. Members of the task force who are appointed by the governor shall be appointed with the advice and consent of the senate. No member of the task force shall receive compensation for the performance of duties related to the task force but shall be reimbursed for reasonable and necessary expenses incurred in the performance of such duties.

3. The division of family services shall convene, organize and provide support services for the Missouri foster and group home placement task force. [210.775. 1. There is hereby created the "Missouri Foster and Group Home Placement Task Force". The task force shall consist of the following members:

(1) The director of the department of mental health, or his designee;

(2) The director of the division of mental retardation and developmental disabilities, or his designee;

(3) The director of the division of comprehensive psychiatric services, or his designee;

(4) The director of the department of social services, or his designee;

(5) The director of the division of family services, or his designee;

(6) The director of the division of youth services, or his designee;

(7) The commissioner of the department of elementary and secondary education, or his designee;

(8) An elementary school administrator and an elementary school special education teacher, appointed by the governor;

(9) A secondary school administrator and a secondary school special education teacher, appointed by the governor;

(10) Two foster parents and two administrators of a residential care facility for children, appointed by the governor;

(11) A member of the judiciary, who currently serves as a family court judge, appointed by the chief justice of the supreme court.

2. Members of the task force who are appointed by the governor shall be appointed with the advice and consent of the senate. No member of the task force shall receive compensation for the performance of duties related to the task force but shall be reimbursed for reasonable and necessary expenses incurred in the performance of such duties.] 210.776. 1. The task force shall conduct a study of the current status of foster home and residential care facility placement of children in this state. At the completion of the study, the task force shall submit a report of the findings of the study and recommendations for changes to the governor, the speaker of the house of representatives and the president pro tem of the senate. The study shall establish baseline data and make recommendations regarding at least the following:

(1) The number of children's residential care facilities and foster homes and the actual and licensed capacities of such facilities in each school district in relation to the population of the school district;

(2) The training and qualifications of foster parents and personnel in residential care facilities;

(3) The amount paid to each foster home or residential care facility and the amount paid for each child and options to reimburse school districts for additional educational services provided to children placed in such homes or facilities;

(4) The proximity of children in homes or facilities to schools providing special education services and transportation costs to the schools;

(5) The administrative process whereby a child is moved from one out-of-home placement to another;

(6) The processing, updating and handling of children's records as children are transferred;

(7) The availability of social workers or case managers to aid school districts which have a disproportionate share of children with special needs who are placed in the district by a state agency;

(8) The visitation and accountability of social workers or case managers assigned to children in foster homes or residential care facilities;

(9) The agencies responsible for children's placement issues and options for coordination and consolidation;

(10) The number and location of satellite homes associated with facilities;

(11) The safety procedures needed regarding the notification of law enforcement and fire departments of the location and special needs of residents.

2. Sections 210.775 and 210.776 shall expire on January 1, 1998. [210.776. 1. The task force shall conduct a study of the current status of foster home and residential care facility placement of children in this state. Such study shall be completed by October 31, 1995. At the completion of the study, the task force shall submit a report of the findings of the study and recommendations for changes to the governor, the speaker of the house of representatives and the president pro tem of the senate. The study shall establish baseline data and make recommendations regarding at least the following:

(1) The number of children's residential care facilities and foster homes and the actual and licensed capacities of such facilities in each school district in relation to the population of the school district;

(2) The training and qualifications of foster parents and personnel in residential care facilities;

(3) The amount paid to each foster home or residential care facility and the amount paid for each child and options to reimburse school districts for additional educational services provided to children placed in such homes or facilities;

(4) The proximity of children in homes or facilities to schools providing special education services and transportation costs to the schools;

(5) The administrative process whereby a child is moved from one out- of-home placement to another;

(6) The processing, updating and handling of children's records as children are transferred;

(7) The availability of social workers or case managers to aid school districts which have a disproportionate share of children with special needs who are placed in the district by a state agency;

(8) The visitation and accountability of social workers or case managers assigned to children in foster homes or residential care facilities;

(9) The agencies responsible for children's placement issues and options for coordination and consolidation;

(10) The number and location of satellite homes associated with facilities;

(11) The safety procedures needed regarding the notification of law enforcement and fire departments of the location and special needs of residents.

2. Sections 210.775 and 210.776 shall expire on January 1, 1996.]