SB 0097 Abuse and Neglect Reports of Mental Health Patients
Sponsor:Schneider
LR Number:S0277.06T Fiscal Note:0277-06
Committee:Aging, Families and Mental Health
Last Action:07/07/97 - Vetoed by Governor Journal page:
Title:HS/SS/SB 97
Effective Date:August 28, 1997
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Current Bill Summary

SS/SB 97 - This act requires that complete copies of abuse or neglect reports, pursuant to Section 630.165, RSMo, and proceedings, findings, deliberations and minutes about a patient, resident or client of a residential facility or day program, both defined in Section 630.005, RSMo, be made open and available to the parents or guardian of such patient, resident or client. The information made available shall not include any descriptive information about the complainant or any other person mentioned in the report unless the person consents to such disclosure or a judicial proceeding results. A parent or guardian's access is currently limited to the abuse or neglect report itself.

The Department of Mental Health (Department) shall require criminal record checks, for any current or potential staff member who provides direct patient care, for any administrative violations relating to patient abuse or neglect. The Department may forward such information to the appropriate facility. This procedure was previously required by rule.

OTHER PROVISIONS: The records of a person acquitted based on a finding of mental disease or defect shall be closed records but shall be available to law enforcement agencies, child care agencies, and certain residential care facilities.

The Department may be liable for certain acts if it provides false information about a staff person. A social worker is not compelled to disclose client information when testifying except upon court order.
JAMES KLAHR