SB 0577 - Fiscal Note

Fiscal Note - SB 0577 - Definition of Child Abuse

L.R. NO.  2264-01
BILL NO.  SB 577
SUBJECT:  Changes Definition of Child Abuse
TYPE:     Original
DATE:     January 8, 1996



                              FISCAL SUMMARY
                    ESTIMATED NET EFFECT ON STATE FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999


Total Estimated
Net Effect on All
State Funds                     $0                  $0                $0

                   ESTIMATED NET EFFECT ON FEDERAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Federal                 ($670,627)          ($670,627)        ($670,627)

Total Estimated
Net Effect on All
Federal Funds           ($670,627)          ($670,627)        ($670,627)

                    ESTIMATED NET EFFECT ON LOCAL FUNDS


FUND AFFECTED              FY 1997             FY 1998           FY 1999
Local Government                $0                  $0                $0



                         FISCAL ANALYSIS

ASSUMPTION

The Office of State Courts Administrator (CTS) assumes that a reduction in
the number of abuse cases filed could be anticipated since the change in the
definition of abuse would make it more difficult to substantiate abuse.
Furthermore, it was assumed that the amount of the reduction could not be
quantified.  Therefore, Oversight assumes that the savings, if any would be
reflected in future budget requests.

The Department of Social Services (DOS), Division of Family Services (DFS)
indicated a zero fiscal impact as a result of this proposal.  However, DFS
further indicated that the definition of child abuse was not consistent with
that required by the federal Child Abuse Prevention and Treatment Act.  As a
result of this inconsistency, DFS would no longer qualify for the federal
Child Abuse/Neglect ($481,549) and Children's Justice Act ($189,078) grants.
Oversight has shown these amounts as a loss of federal funds.  For purposes
of this fiscal note, the amounts provided by DFS have been used for all three
fiscal years, but since the grants increase yearly, it is conceivable that
DFS could lose more than indicated.

FISCAL IMPACT - State Government FY 1997   FY 1998   FY 1999
                                (10 Mo.)

FEDERAL FUNDS

Loss-Department of Social Services
Division of Family Services (DFS)
Child Abuse/Neglect Grant     ($481,549)($481,549)($481,549)
Children's Justice Act Grant  ($189,078)($189,078)($189,078)
Total Loss-DFS                ($670,627)($670,627)($670,627)

ESTIMATED NET EFFECT ON
FEDERAL FUNDS                 ($670,627)($670,627)($670,627)


FISCAL IMPACT  - Local Government FY 1997   FY 1998   FY 1999
                                (10 Mo.)
                                      $0        $0        $0

DESCRIPTION

The proposal would change the definition of abuse to the conviction of the
crimes of first or second degree murder; voluntary or involuntary
manslaughter; first degree assault; forcible or attempted rape; and forcible
sodomy if the victim is a child under eighteen.  Other crimes under chapter
566, RSMo, would be considered abuse if the child is under eighteen and the
perpetrator is twenty-one or older.  The crime of prostitution would be abuse
if the child is under eighteen. The crimes of incest, abandonment of a child,
endangering the welfare of a child in the first and second degree, abuse, the
use and promotion of a child in a sexual performance or child porn or the
promotion of child porn or the attempt to commit these crimes would be
considered abuse.

Any individual who received a suspended execution of sentence for crimes
committed under various sections of chapters 565 or 566 would be included in
the central registry if the child were under eighteen.

This legislation is not federally mandated, would not duplicate any other
program and would not require additional capital improvements or rental
space.

SOURCES OF INFORMATION

Department of Social Services
Office of State Courts Administrator