COMMITTEE ON LEGISLATIVE RESEARCH
OVERSIGHT DIVISION
FISCAL NOTE
L.R. No.:3489H.04C Bill No.:HCS for HB 1559 Subject:Law Enforcement Officers and Agencies; Children and Minors; Children's
Division; Department of Social Services
Type:Original Date:January 24, 2022Bill Summary:This proposal modifies and establishes provisions relating to the protection
of children.
FISCAL SUMMARY
ESTIMATED NET EFFECT ON GENERAL REVENUE FUNDFUND AFFECTEDFY 2023FY 2024FY 2025General Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on General
Revenue$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Oversight assumes the total fiscal impact could exceed $250,000 due to the potential for civil
action and the addition of a civil penalty of $50,000 per occurrence for any violations of
§210.762. Oversight has reflected this potential to General Revenue, Other State Funds and
Federal Funds.
ESTIMATED NET EFFECT ON OTHER STATE FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025State Legal Expense
Fund (0692)* $0$0$0
Other State Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on Other State
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
*Transfer-In and expenses net to zero.
Numbers within parentheses: () indicate costs or losses. L.R. No. 3489H.04C
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ESTIMATED NET EFFECT ON FEDERAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Federal Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)Total Estimated Net
Effect on All Federal
Funds$0 to (Unknown)$0 to (Unknown)$0 to (Unknown)
ESTIMATED NET EFFECT ON FULL TIME EQUIVALENT (FTE)FUND AFFECTEDFY 2023FY 2024FY 2025Total Estimated Net
Effect on FTE 000
☒ Estimated Net Effect (expenditures or reduced revenues) expected to exceed $250,000 in any
of the three fiscal years after implementation of the act or at full implementation of the act.
☐ Estimated Net Effect (savings or increased revenues) expected to exceed $250,000 in any of
the three fiscal years after implementation of the act or at full implementation of the act.
ESTIMATED NET EFFECT ON LOCAL FUNDSFUND AFFECTEDFY 2023FY 2024FY 2025Local Government$0 or Unknown to
(Unknown)
$0 or Unknown to
(Unknown)
$0 or Unknown to
(Unknown) L.R. No. 3489H.04C
Bill No. HCS for HB 1559
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FISCAL ANALYSIS
ASSUMPTION
§§43.400, 43.401, 210.201, 210.482, 210.487, 210.762, 210.795, and 568.045 – Protection of
children
Officials from the Department of Social Services (DSS) state DSS is unable to determine the
fiscal impact of the proposed language due to ambiguity in the bill language and due to costs that
could be incurred by DSS per the proposed bill, which would be outside of the control of DSS.
For instance, 210.762.1(2) includes a penalty provision where any agency or placement provider,
which would include foster parents, with legal custody of a child who goes missing that fails to
comply with the provisions under this subdivision shall be liable to the injured party, which
includes the missing child, parent, foster parent, or legal guardian of the missing child, and the
state of Missouri, in an action at law and subject to a civil penalty of fifty thousand dollars per
occurrence. The bill does not define how much time an agency or placement provider is given to
report a missing child. The question of whether the agency reported as soon as it was determined
that the child is missing would be a question of fact to be considered by the trier of fact. If
reasonableness of the timeliness of reporting is not codified, this could lead to increased legal
cases being filed.
DSS states it is also unclear who would be the recipient of the civil penalty monetary award
contemplated by 210.762.1(2). If private individuals would be the recipients of these civil
penalties, this could lead to an increase in the amount of litigation and could have an unintended
consequence of incentivizing children to run away so that the child or the child’s parents could
initiate civil actions against the agency or placement provider to try to claim the $50,000
statutory damages.
Even if the statutory damages would not be payable to private individuals, 210.762.1(2) provides
for the filing of a civil action in addition to the civil penalty that is imposed. The proposed bill
consistently refers to an “agency or placement provider” as being the potentially liable parties for
failure to abide by the terms of the law as proposed. If the terms “agency” or “placement
provider” are meant to encompass the Children’s Division as being a liable party, this could
waive sovereign immunity. The proposed language could also subject foster parents to liability,
as foster parents are considered placement providers.
Additionally, since the state of Missouri is recited as being an injured party in 210.762.1(2), it
could create a conflict in defense of such actions. The DSS is defended by the Attorney General.
The Attorney General would also have authority to bring actions under the proposed bill. In such
situations, the state would likely need to employ private conflicts counsel. L.R. No. 3489H.04C
Bill No. HCS for HB 1559
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The cost in employing such conflicts counsel and other potential costs as outlined above are
unable to be quantified. Therefore, DSS estimates its fiscal impact as $0 to (Unknown).
Oversight notes a report from U.S. Department of Health and Human Services (DHHS), Office
of Inspector General (OIG): Case Study: Missouri’s Efforts To Protect Children Missing From
Foster Care
During the times in which the children were missing from care, Missouri frequently failed to
comply with requirements that could have aided in locating them. Nearly half of the case files
contained no evidence of Missouri reporting the children as missing, as required, to either local
law enforcement or the National Center for Missing and Exploited Children. Additionally, for
many missing children, there was no evidence that Missouri made the required notifications and
contacts to seek information on the children’s potential whereabouts.
For 61 percent of children (36 out of 59), there was no evidence that the case managers notified
the adults in the child’s life when the child went missing from care, as required by Missouri
policy. The adults include the juvenile officer, court representative, and parent(s) of the child.
Oversight notes the provisions of 210.762.1(2) state any agency or placement provider with
legal custody of a child who goes missing that fails to comply with the provisions under this
subdivision, shall be liable to the injured party, which includes the missing child, parent, foster
parent, or legal guardian of the missing child, and the state of Missouri, in an action at law and
subject to a civil penalty of fifty thousand dollars per occurrence. Therefore, Oversight will
reflect a $0 (compliance of agency or placement provider) to (Unknown) (non-compliance of
agency or placement provider) fiscal impact for fiscal note purposes.
Oversight notes that violations of section 210.762 could result a civil penalty of $50,000 per
occurrence. Oversight also notes per Article IX Section 7 of the Missouri Constitution fines and
penalties collected by counties are distributed to school districts. Fine varies widely from year to
year and are distributed to the school district where the violation occurred. Oversight will reflect
a positive fiscal impact of $0 to Unknown to local school districts. For simplicity, Oversight will
not reflect the possibility that fine revenue paid to school districts may act as a subtraction in the
foundation formula.
Officials from the Attorney General’s Office (AGO) states the AGO is unclear if the term
“agency” in section 210.762.1(2) refers to an agency under the control of the Children’s
Division. If this term “agency” refers to a state entity, then the AGO assumes this section would
result in a negative unknown impact on the state Legal Expense Fund.
Oversight does not have any information contrary. Therefore, Oversight will reflect AGO’s
potential unknown impact for fiscal note purposes to the state Legal Expense Fund. Oversight
notes the Legal Expense Fund is funded by the General Revenue Fund as well as other state L.R. No. 3489H.04C
Bill No. HCS for HB 1559
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funds. Oversight notes this possible litigation exposure as described by AGO could also apply to
federal funds as well as local political subdivisions.
Officials from the Department of Elementary and Secondary Education, the Department of
Health and Senior Services, the Department of Corrections, the Department of Public
Safety - Missouri Highway Patrol the Missouri Office of Prosecution Services, the Office of
the State Public DefenderKansas City Police Department, the Springfield Police
Department, the St. Joseph Police Department, the St. Louis County Police Department,
and the assume the proposal will have no fiscal impact on
their organizations. Oversight does not have any information to the contrary. Therefore,
Oversight will reflect a zero impact in the fiscal note for these entities.
Officials from the Office of Administration and the Office of the State Courts Administrator
did not respond to Oversight’s request for fiscal impact for this proposal.
Oversight only reflects the responses received from state agencies and political subdivisions;
however, other police and sheriff’s departments were requested to respond to this proposed
legislation but did not. A general listing of political subdivisions included in Oversight’s
database is available upon request. L.R. No. 3489H.04C
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FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025GENERAL REVENUE FUNDCost – DSS (§210.762) Potential civil
penalty for non-compliance
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
Transfer Out – to the State Legal
Expense Fund – OA (§210.762)
Potential increase in litigation
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE GENERAL REVENUE FUND
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
OTHER STATE FUNDSCost - (§210.762) Potential increase in
litigation to various state agencies
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
OTHER STATE FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – State GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025STATE LEGAL EXPENSE FUND
(0692)
Transfer In – from General Revenue
and Other State and Federal Funds
$0 to
Unknown
$0 to
Unknown
$0 to
Unknown
Cost – OA (§210.762) Potential
increase in litigation
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
THE STATE LEGAL EXPENSE
FUND $0$0$0 L.R. No. 3489H.04C
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FEDERAL FUNDSCost - (§210.762) Potential increase in
litigation to various state agencies
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
FEDERAL FUNDS
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
FISCAL IMPACT – Local GovernmentFY 2023
(10 Mo.)
FY 2024FY 2025LOCAL POLITICAL
SUBDIVISIONS
Revenue – School districts (§210.762)
Potential fine revenue
$0 or
Unknown
$0 or
Unknown
$0 or
Unknown
Cost - (§210.762) Potential increase in
litigation
$0 to
(Unknown)
$0 to
(Unknown)
$0 to
(Unknown)
ESTIMATED NET EFFECT ON
LOCAL POLITICAL
SUBDIVISIONS
$0 or
Unknown to
(Unknown)
$0 or
Unknown to
(Unknown)
$0 or
Unknown to
(Unknown)
FISCAL IMPACT – Small Business
No direct fiscal impact to small businesses would be expected as a result of this proposal.
FISCAL DESCRIPTION
This bill changes the age a person is considered a child, as it pertains to the provisions in the bill,
to anyone under the age of 18 instead of 17. A missing child can also include a person still in
foster care regardless of their age.
The bill requires law enforcement agencies to take a missing child report from any member of
the family support team, as defined in this bill, and provide a copy of the report to the agency or
placement provider with legal custody of the missing child.
An agency or placement provider with legal custody of a child is required to ensure a missing
child report is filed once it has determined that a child in its custody is missing. The agency or
placement provider shall maintain all missing child reports for any child under its legal custody.
Within 72 hours of a missing child report being filed for a child placed in an authorized agency L.R. No. 3489H.04C
Bill No. HCS for HB 1559
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or foster care or within 72 hours of an authorized agency or foster care being notified that a child
under its custody is missing, whichever event first occurs, the family support team, as defined in
this bill, shall hold a meeting to discuss the whereabouts of the missing child and to discuss the
initial decision regarding the custody and placement of the missing child once the child is found.
This bill also requires case workers to notify a juvenile officer if a child under their supervision
goes missing or is suspected to be on the run. Once notified, the juvenile officer shall file with
the court a notice in the child's case file that states the child is missing and include any other
relevant information, which shall include the missing child report. If the missing child is found,
the juvenile officer shall file with the court a notice in the child's case file that the child has been
found and include any other relevant information.
There is a penalty provision for any agency or placement provider with legal custody of a child
who goes missing but fails to comply with the provisions in this bill. Failure to comply with the
provisions in this bill will cause the agency or placement provider to be liable to any injured
party, which includes the missing child, parent, foster parent, or legal guardian of the missing
child, and the state of Missouri, and subject to a civil penalty of $50,000.
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
Attorney General’s Office
Department of Elementary and Secondary Education
Department of Health and Senior Services
Department of Corrections
Department of Public Safety
Department of Social Services
Missouri Office of Prosecution Services
Office of the State Public Defender
Kansas City Police Department
Springfield Police Department
St. Joseph Police Department
St. Louis County Police Department
Phelps County Sheriff’s Department
NOT RESPONDING
Office of Administration L.R. No. 3489H.04C
Bill No. HCS for HB 1559
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Office of the State Courts Administrator
Julie MorffRoss StropeDirectorAssistant DirectorJanuary 24, 2022January 24, 2022