EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
FIRST REGULAR SESSION
[PERFECTED]
SENATE SUBSTITUTE FOR
SENATE BILL NO. 43
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR FITZWATER.
1205S.05P KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 135.460, 210.112, 210.145, 210.160, 210.560, 210.565, 210.762, 211.032,
211.211, 211.261, 211.462, 451.040, 451.080, 451.090, 452.425, 537.046, and
568.045, RSMo, and to enact in lieu thereof twenty-two new sections relating to child
protection, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 135.460, 210.112, 210.145, 210.160, 1
210.560, 210.565, 210.762, 211.032, 211.211, 211.261, 211.462, 2
451.040, 451.080, 451.090, 452.425, 537.046, and 568.045, RSMo, 3
are repealed and twenty -two new sections enacted in lieu 4
thereof, to be known as sections 135.460, 210.112, 210.119, 5
210.145, 210.160, 210.560, 210.565, 210.762, 211.032, 211.211, 6
211.261, 211.462, 451.040, 451.080, 451.090, 452.425, 477.700, 7
477.705, 477.710, 477.715, 537.046, and 568.0 45, to read as 8
follows:9
135.460. 1. This section and sections 620.1100 and 1
620.1103 shall be known and may be cited as the "Youth 2
Opportunities and Violence Prevention Act". 3
2. As used in this section, the term "taxpayer" shall 4
include corporations as defined in section 143.441 or 5
143.471, any charitable organization which is exempt from 6
federal income tax and whose Missouri unrelated business 7 SS SB 43 2
taxable income, if any, would be subject to the state income 8
tax imposed under chapter 143, an d individuals, individual 9
proprietorships and partnerships. 10
3. A taxpayer shall be allowed a tax credit against 11
the tax otherwise due pursuant to chapter 143, excluding 12
withholding tax imposed by sections 143.191 to 143.265, 13
chapter 147, chapter 148, or chapter 153 in an amount equal 14
to thirty percent for property contributions and [fifty] 15
seventy percent for monetary contributions of the amount 16
such taxpayer contributed to the programs described in 17
subsection 5 of this section, not to exceed two hundred 18
thousand dollars per taxable year, per taxpayer; except as 19
otherwise provided in subdivision (5) of subsection 5 of 20
this section. The department of economic development shall 21
prescribe the method for claiming the tax credits allowed in 22
this section. No rule or portion of a rule promulgated 23
under the authority of this section shall become effective 24
unless it has been promulgated pursuant to the provisions of 25
chapter 536. All rulemaking authority delegated prior to 26
June 27, 1997, is of no force and effect and repealed; 27
however, nothing in this section shall be interpreted to 28
repeal or affect the validity of any rule filed or adopted 29
prior to June 27, 1997, if such rule complied with the 30
provisions of chapter 536. The provisions of this section 31
and chapter 536 are nonseverable and if any of the powers 32
vested with the general assembly pursuant to chapter 536, 33
including the ability to review, to delay the effective 34
date, or to disapprove and annul a rule or portion of a 35
rule, are subsequently held unconstitutional, then the 36
purported grant of rulemaking authority and any rule so 37
proposed and contained in the order of rulemaking shall be 38
invalid and void. 39 SS SB 43 3
4. The tax credits allowed by this section shall be 40
claimed by the taxpayer to offset the taxes that become due 41
in the taxpayer's tax period in which the contribution was 42
made. Any tax credit not used in such tax period may be 43
carried over the next five succeeding tax periods. 44
5. The tax credit allowed by this se ction may only be 45
claimed for monetary or property contributions to public or 46
private programs authorized to participate pursuant to this 47
section by the department of economic development and may be 48
claimed for the development, establishment, implement ation, 49
operation, and expansion of the following activities and 50
programs: 51
(1) An adopt-a-school program. Components of the 52
adopt-a-school program shall include donations for school 53
activities, seminars, and functions; school -business 54
employment programs; and the donation of property and 55
equipment of the corporation to the school; 56
(2) Expansion of programs to encourage school dropouts 57
to reenter and complete high school or to complete a 58
graduate equivalency degree program; 59
(3) Employment programs. Such programs shall 60
initially, but not exclusively, target unemployed youth 61
living in poverty and youth living in areas with a high 62
incidence of crime; 63
(4) New or existing youth clubs or associations; 64
(5) Employment/internship/apprenticeship programs in 65
business or trades for persons less than twenty years of 66
age, in which case the tax credit claimed pursuant to this 67
section shall be equal to one -half of the amount paid to the 68
intern or apprentice in that tax year, excep t that such 69
credit shall not exceed ten thousand dollars per person; 70
(6) Mentor and role model programs; 71 SS SB 43 4
(7) Drug and alcohol abuse prevention training 72
programs for youth; 73
(8) Donation of property or equipment of the taxpayer 74
to schools, including schools which primarily educate 75
children who have been expelled from other schools, or 76
donation of the same to municipalities, or not -for-profit 77
corporations or other not -for-profit organizations which 78
offer programs dedicated to youth vio lence prevention as 79
authorized by the department; 80
(9) Not-for-profit, private or public youth activity 81
centers; 82
(10) Nonviolent conflict resolution and mediation 83
programs; 84
(11) Youth outreach and counseling programs. 85
6. Any program authorized in subsection 5 of this 86
section shall, at least annually, submit a report to the 87
department of economic development outlining the purpose and 88
objectives of such program, the number of youth served, the 89
specific activities provided pursuan t to such program, the 90
duration of such program and recorded youth attendance where 91
applicable. 92
7. The department of economic development shall, at 93
least annually submit a report to the Missouri general 94
assembly listing the organizations particip ating, services 95
offered and the number of youth served as the result of the 96
implementation of this section. 97
8. The tax credit allowed by this section shall apply 98
to all taxable years beginning after December 31, 1995. 99
9. For the purposes of the credits described in this 100
section, in the case of a corporation described in section 101
143.471, partnership, limited liability company described in 102
section 347.015, cooperative, marketing enterprise, or 103 SS SB 43 5
partnership, in computing Missouri's tax liabil ity, such 104
credits shall be allowed to the following: 105
(1) The shareholders of the corporation described in 106
section 143.471; 107
(2) The partners of the partnership; 108
(3) The members of the limited liability company; and 109
(4) Individual members of the cooperative or marketing 110
enterprise. 111
Such credits shall be apportioned to the entities described 112
in subdivisions (1) and (2) of this subsection in proportion 113
to their share of ownership on the last day of the 114
taxpayer's tax period. 115
210.112. 1. It is the policy of this state and its 1
agencies to implement a foster care and child protection and 2
welfare system focused on providing the highest quality of 3
services and outcomes for children and their families. The 4
department of social services shall implement such system 5
subject to the following principles: 6
(1) The safety and welfare of children is paramount; 7
(2) All providers of direct services to children and 8
their families will be evaluated in a un iform, transparent, 9
objective, and consistent basis based on an evaluation tool 10
established in this section; 11
(3) Services to children and their families shall be 12
provided in a timely manner to maximize the opportunity for 13
successful outcomes, and such services shall be tracked and 14
routinely evaluated through a quality assurance program; 15
(4) Any provider of direct services to children and 16
families shall have the appropriate and relevant training, 17
education, and expertise to provide the hig hest quality of 18 SS SB 43 6
services possible which shall be consistent with federal and 19
state standards; 20
(5) Resources and efforts shall be committed to pursue 21
the best possible opportunity for a successful outcome for 22
each child. Successful outcomes may i nclude preparing youth 23
for a productive and successful life as an adult outside the 24
foster care system, such as independent living. For those 25
providers that work with children requiring intensive twenty - 26
four-hour treatment services, successful outcome s shall be 27
based on the least restrictive alternative possible based on 28
the child's needs as well as the quality of care received; 29
and 30
(6) All service providers shall prioritize methods of 31
reducing or eliminating a child's need for residential 32
treatment through community -based services and supports. 33
2. (1) In conjunction with the response and 34
evaluation team established under subsection 3 of this 35
section, as well as other individuals the division deems 36
appropriate, the division shall es tablish an evaluation tool 37
that complies with state and federal guidelines. 38
(2) The evaluation tool shall include metrics 39
supporting best practices for case management and service 40
provision including, but not limited to, the frequency of 41
face-to-face visits with the child. 42
(3) There shall be a mechanism whereby providers may 43
propose different evaluation metrics on a case -by-case basis 44
if such case may have circumstances far beyond those that 45
would be expected. Such cases shall be evaluat ed by the 46
response and evaluation team under subsection 3 of this 47
section. 48
(4) Data regarding all evaluation metrics shall be 49
collected by the division on a monthly basis, and the 50 SS SB 43 7
division shall issue a quarterly report regarding the 51
evaluation data for each provider, both public and private, 52
by county. The response and evaluation team shall determine 53
how to aggregate cases for the division and large 54
contractors so that performance and outcomes may be compared 55
effectively while also protecti ng confidentiality. Such 56
reports shall be made public and shall include information 57
by county. 58
(5) The standards and metrics developed through this 59
evaluation tool shall be used to evaluate competitive bids 60
for future contracts established under subsection 4 of this 61
section. 62
3. The division shall create a response and evaluation 63
team. Membership of the team shall be composed of five 64
staff members from the division with experience in foster 65
care appointed by the director of the division ; five 66
representatives, one from each contract region for foster 67
care case management contracts under this section, who shall 68
be annually rotated among contractors in each region, which 69
shall appoint the agency; two experts working in either 70
research or higher education on issues relating to child 71
welfare and foster care appointed by the director of the 72
division and who shall be actively working for either an 73
academic institution or policy foundation; one juvenile 74
officer or a Missouri juvenile ju stice director to be 75
appointed by the Missouri Juvenile Justice Association; and 76
one juvenile or family court judge appointed by the supreme 77
court. The division shall provide the necessary staffing 78
for the team's operations. All members shall be appo inted 79
and the team shall meet for the first time before January 1, 80
2021. The team shall: 81 SS SB 43 8
(1) Review the evaluation tool and metrics set forth 82
in subsection 2 of this section on a semiannual basis to 83
determine any adjustments needed or issues tha t could affect 84
the quality of such tools and approve or deny on a case -by- 85
case basis: 86
(a) Cases that a provider feels are anomalous and 87
should not be part of developing the case management tool 88
under subsection 2 of this section; 89
(b) Alternative evaluation metrics recommended by 90
providers based on the best interests of the child under 91
subsections 2 and 5 of this section; or 92
(c) Review and recommend any structure for incentives 93
or other reimbursement strategies under subsection 6 of this 94
section; 95
(2) Develop and execute periodic provider evaluations 96
of cases managed by the division and children service 97
providers contracted with the state to provide foster care 98
case management services, in the field under the evaluation 99
tool created under subsection 2 of this section to ensure 100
basic requirements of the program are met, which shall 101
include, but are not limited to, random file review to 102
ensure documentation shows required visits and case 103
management plan notes; and 104
(3) Develop a system for reviewing and working with 105
providers identified under subdivision (2) of this 106
subsection or providers who request such assistance from the 107
division who show signs of performance weakness to ensure 108
technical assistance and other se rvices are offered to 109
assist the providers in achieving successful outcomes for 110
their cases. 111
4. The children's division and any other state agency 112
deemed necessary by the division shall, in consultation with 113 SS SB 43 9
service providers and other relevant p arties, enter into and 114
implement contracts with qualified children's services 115
providers and agencies to provide a comprehensive and 116
deliberate system of service delivery for children and their 117
families. Contracts shall be awarded through a competitive 118
process and provided by qualified public and private not -for- 119
profit or limited liability corporations owned exclusively 120
by not-for-profit corporations children's services providers 121
and agencies which have: 122
(1) A proven record of providing child welfare 123
services within the state of Missouri which shall be 124
consistent with the federal standards, but not less than the 125
standards and policies used by the children's division as of 126
January 1, 2004; and 127
(2) The ability to provide a range of chil d welfare 128
services including, but not limited to, case management 129
services, family-centered services, foster and adoptive 130
parent recruitment and retention, residential care, in -home 131
services, foster care services, adoption services, relative 132
care case management, planned permanent living services, and 133
family reunification services. 134
No contracts under this section shall be issued for services 135
related to the child abuse and neglect hotline, 136
investigations of alleged abuse and neglect, and initial 137
family assessments. Any contracts entered into by the 138
division shall be in accordance with all federal laws and 139
regulations, and shall seek to maximize federal funding. 140
Children's services providers and agencies under contract 141
with the division shall be subject to all federal, state, 142
and local laws and regulations relating to the provision of 143
such services, and shall be subject to oversight and 144 SS SB 43 10
inspection by appropriate state agencies to assure 145
compliance with standards which shall be consistent with the 146
federal standards. 147
5. The division shall accept as prima facie evidence 148
of completion of the requirements for licensure under 149
sections 210.481 to 210.511 proof that an agency is 150
accredited by any of the following nationally recognized 151
bodies: the Council on Accreditation of Services, Children 152
and Families, Inc.; the Joint Commission on Accreditation of 153
Hospitals; or the Commission on Accreditation of 154
Rehabilitation Facilities. 155
6. Payment to the children's services providers and 156
agencies shall be made based on the reasonable costs of 157
services, including responsibilities necessary to execute 158
the contract. Any reimbursement increases made through 159
enhanced appropriations for services shall be allocated to 160
providers regardless of w hether the provider is public or 161
private. Such increases shall be considered additive to the 162
existing contracts. In addition to payments reflecting the 163
cost of services, contracts shall include incentives 164
provided in recognition of performance based on the 165
evaluation tool created under subsection 2 of this section 166
and the corresponding savings for the state. The response 167
and evaluation team under subsection 3 of this section shall 168
review a formula to distribute such payments, as recommended 169
by the division. 170
7. The division shall consider immediate actions that 171
are in the best interests of the children served including, 172
but not limited to, placing the agency on a corrective plan, 173
halting new referrals, transferring cases to other 174
performing providers, or terminating the provider's 175
contract. The division shall take steps necessary to 176 SS SB 43 11
evaluate the nature of the issue and act accordingly in the 177
most timely fashion possible. 178
8. By July 1, 2021, the children's division shall 179
promulgate and have in effect rules to implement the 180
provisions of this section and, pursuant to this section, 181
shall define implementation plans and dates. Any rule or 182
portion of a rule, as that term is defined in section 183
536.010, that is created under the a uthority delegated in 184
this section shall become effective only if it complies with 185
and is subject to all of the provisions of chapter 536 and, 186
if applicable, section 536.028. This section and chapter 187
536 are nonseverable and if any of the powers veste d with 188
the general assembly pursuant to chapter 536 to review, to 189
delay the effective date, or to disapprove and annul a rule 190
are subsequently held unconstitutional, then the grant of 191
rulemaking authority and any rule proposed or adopted after 192
August 28, 2004, shall be invalid and void. 193
9. A provision in a service provider contract in which 194
the state is indemnified, held harmless, or insured for 195
damages, claims, losses, or expenses arising from any 196
injury, including, but not limited to, bodily injury, mental 197
anguish, property damage, or economic or noneconomic damages 198
or loss caused by or resulting from the state's negligence, 199
in whole or in part, shall be void as against public policy 200
and unenforceable. As used in this subsection, "servic e 201
provider contract" means a contract, agreement, or 202
understanding between a provider of services and the 203
division regarding the provision of services. 204
210.119. 1. The department of social services shall 1
establish a program to prov ide a comprehensive system of 2
service delivery, education, and residential care for youth 3 SS SB 43 12
with severe behavioral challenges. In order to be eligible 4
for services under this program, youth shall: 5
(1) Be in the custody of the children's division; 6
(2) Be under twenty-one years of age; and 7
(3) Be determined by a team within the department to 8
have needs that cannot be met by existing state programs. 9
Such determination shall include any assessment necessary to 10
maximize resources for the youth. 11
2. The department shall be authorized to enter into 12
any contracts necessary to implement this program, including 13
contracts for program operations with a qualified service 14
provider or consortium of qualified service providers. 15
Qualified service providers shall be certified, licensed, or 16
accredited in their respective fields of service, based in 17
this state, and entities with proven experience in the areas 18
for which they shall provide services, as well as meet any 19
additional requirements set by the department designed to 20
meet the best interests of the children they serve. 21
3. The department shall be authorized to enter into 22
memoranda of understanding with any facility or campus under 23
state ownership that is appropriate for the prog ram and the 24
youth being served. 25
4. No qualified service provider, or any employees or 26
contractors of such qualified service provider, shall be 27
liable in damages for any services and duties provided under 28
a contract entered into under subsection 2 of this section, 29
provided that such services and duties are performed in good 30
faith and without gross negligence. In no case shall a 31
qualified service provider be immune for abuse or neglect of 32
a child, as such terms are defined in section 210.110. The 33
provisions of this subsection shall be void if the state 34
creates a fund or entity that indemnifies or provides 35 SS SB 43 13
coverage in an amount of not less than one million dollars, 36
which shall be increased or decreased on an annual basis 37
effective January first of each year in accordance with the 38
Implicit Price Deflator for Personal Consumption 39
Expenditures as published by the Bureau of Economic Analysis 40
of the U.S. Department of Commerce, for damages due to a 41
cause of action against a qualified service provider, or an 42
employee or contractor of such qualified service provider, 43
under this section for personal injury. 44
5. The department may promulgate such rules and 45
regulations as are necessary to implement the provisions of 46
this section. Any rule or portion of a rule, as that term 47
is defined in section 536.010, that is created under the 48
authority delegated in this section shall become effective 49
only if it complies with and is subject to all of the 50
provisions of chapter 536 and, if applicable, section 51
536.028. This section and chapter 536 are nonseverable and 52
if any of the powers vested with the general assembly 53
pursuant to chapter 536 to review, to delay the effective 54
date, or to disapprove and annul a rule are subsequently 55
held unconstitutional, then the grant of rulemaking 56
authority and any rule proposed or adopted after August 28, 57
2025, shall be invalid and void. 58
210.145. 1. The division shall develop protocols 1
which give priority to: 2
(1) Ensuring the well-being and safety of the child in 3
instances where child abuse or neglect has been alleged; 4
(2) Promoting the preservation and reunification of 5
children and families consistent with state and federal law; 6
(3) Providing due process for those acc used of child 7
abuse or neglect; and 8 SS SB 43 14
(4) Maintaining an information system operating at all 9
times, capable of receiving and maintaining reports. This 10
information system shall have the ability to receive reports 11
over a single, statewide toll -free number. Such information 12
system shall maintain the results of all investigations, 13
family assessments and services, and other relevant 14
information. 15
2. (1) The division shall utilize structured decision - 16
making protocols, including a standard risk assessment that 17
shall be completed within seventy -two hours of the report of 18
abuse or neglect, for classification purposes of all child 19
abuse and neglect reports. The protocols developed by the 20
division shall give priority to ensuring the well -being and 21
safety of the child. All child abuse and neglect reports 22
shall be initiated within twenty -four hours and shall be 23
classified based upon the reported risk and injury to the 24
child. The division shall promulgate rules regarding the 25
structured decision-making protocols to be utilized for all 26
child abuse and neglect reports. 27
(2) The director of the division and the office of 28
state courts administrator shall develop a joint safety 29
assessment tool before December 31, 2020, and such tool 30
shall be implemented before January 1, 2022. The safety 31
assessment tool shall replace the standard risk assessment 32
required under subdivision (1) of this subsection and shall 33
also be completed within seventy -two hours of the report of 34
abuse or neglect. 35
3. Upon receipt of a report, the division shall 36
determine if the report merits investigation, including 37
reports which if true would constitute a suspected violation 38
of any of the following: section 565.020, 565.021, 565.023, 39
565.024, or 565.050 if t he victim is a child less than 40 SS SB 43 15
eighteen years of age, section 566.030 or 566.060 if the 41
victim is a child less than eighteen years of age, or other 42
crimes under chapter 566 if the victim is a child less than 43
eighteen years of age and the perpetrator is twenty-one 44
years of age or older, section 567.050 if the victim is a 45
child less than eighteen years of age, section 568.020, 46
568.030, 568.045, 568.050, 568.060, 573.200, or 573.205, 47
section 573.025, 573.035, 573.037, or 573.040, or an attempt 48
to commit any such crimes. The division shall immediately 49
communicate all reports that merit investigation to its 50
appropriate local office and any relevant information as may 51
be contained in the information system. The local division 52
staff shall determine, through the use of protocols 53
developed by the division, whether an investigation or the 54
family assessment and services approach should be used to 55
respond to the allegation. The protocols developed by the 56
division shall give priority to ensuring the we ll-being and 57
safety of the child. 58
4. The division may accept a report for investigation 59
or family assessment if either the child or alleged 60
perpetrator resides in Missouri, may be found in Missouri, 61
or if the incident occurred in Missouri. 62
5. If the division receives a report in which neither 63
the child nor the alleged perpetrator resides in Missouri or 64
may be found in Missouri and the incident did not occur in 65
Missouri, the division shall document the report and 66
communicate it to the app ropriate agency or agencies in the 67
state where the child is believed to be located, along with 68
any relevant information or records as may be contained in 69
the division's information system. 70
6. When the child abuse and neglect hotline receives 71
three or more calls, within a seventy -two hour period, from 72 SS SB 43 16
one or more individuals concerning the same child, the 73
division shall conduct a review to determine whether the 74
calls meet the criteria and statutory definition for a child 75
abuse and neglect repor t to be accepted. In conducting the 76
review, the division shall contact the hotline caller or 77
callers in order to collect information to determine whether 78
the calls meet the criteria for harassment. 79
7. The local office shall contact the appropriat e law 80
enforcement agency immediately upon receipt of a report 81
which division personnel determine merits an investigation 82
and provide such agency with a detailed description of the 83
report received. In such cases the local division office 84
shall request the assistance of the local law enforcement 85
agency in all aspects of the investigation of the 86
complaint. The appropriate law enforcement agency shall 87
either assist the division in the investigation or provide 88
the division, within twenty -four hours, an explanation in 89
writing detailing the reasons why it is unable to assist. 90
8. The local office of the division shall cause an 91
investigation or family assessment and services approach to 92
be initiated in accordance with the protocols established in 93
subsection 2 of this section, except in cases where the sole 94
basis for the report is educational neglect. If the report 95
indicates that educational neglect is the only complaint and 96
there is no suspicion of other neglect or abuse, the 97
investigation shall be initiated within seventy -two hours of 98
receipt of the report. If the report indicates the child is 99
in danger of serious physical harm or threat to life, an 100
investigation shall include direct observation of the 101
subject child within twenty -four hours of the receipt of the 102
report. Local law enforcement shall take all necessary 103
steps to facilitate such direct observation. Callers to the 104 SS SB 43 17
child abuse and neglect hotline shall be instructed by the 105
division's hotline to call 911 in instances where the child 106
may be in immediate danger. If the parents of the child are 107
not the alleged perpetrators, a parent of the child must be 108
notified prior to the child being interviewed by the 109
division. No person responding to or investigating a child 110
abuse and neglect report shall call prior to a home visit or 111
leave any documentation of any attempted visit, such as 112
business cards, pamphlets, or other similar identifying 113
information if he or she has a reasonable basis to believe 114
the following factors are p resent: 115
(1) (a) No person is present in the home at the time 116
of the home visit; and 117
(b) The alleged perpetrator resides in the home or the 118
physical safety of the child may be compromised if the 119
alleged perpetrator becomes aware of the attem pted visit; 120
(2) The alleged perpetrator will be alerted regarding 121
the attempted visit; or 122
(3) The family has a history of domestic violence or 123
fleeing the community. 124
If the alleged perpetrator is present during a visit by the 125
person responding to or investigating the report, such 126
person shall present identification and verbally identify 127
himself or herself and his or her role in the investigation 128
and shall provide written material to the alleged 129
perpetrator informing him or her of his or h er rights 130
regarding such visit, including but not limited to the right 131
to contact an attorney. The alleged perpetrator shall be 132
given a reasonable amount of time to read such written 133
material or have such material read to him or her by the 134
case worker before the visit commences, but in no event 135 SS SB 43 18
shall such time exceed five minutes; except that, such 136
requirement to provide written material and reasonable time 137
to read such material shall not apply in cases where the 138
child faces an immediate threat or danger, or the person 139
responding to or investigating the report is or feels 140
threatened or in danger of physical harm. If the abuse is 141
alleged to have occurred in a school or child care facility 142
the division shall not meet with the child in any school 143
building or child-care facility building where abuse of such 144
child is alleged to have occurred. When the child is 145
reported absent from the residence, the location and the 146
well-being of the child shall be verified. For purposes of 147
this subsection, "child care facility" shall have the same 148
meaning as such term is defined in section 210.201. 149
9. In all cases in which a case worker is 150
investigating an instance of alleged child abuse or neglect 151
and visiting the home or location where the abused c hild is 152
located or where any child who may have been witness to 153
another child's abuse is located, the case worker shall 154
first verbally identify himself or herself and his or her 155
role in the investigation and shall inform the child's 156
parent or guardian that neither the child nor parent or 157
guardian is required to speak with the case worker, allow 158
the case worker to enter the home, or otherwise provide the 159
case worker with access to the child, without a warrant or 160
court order and that the parent or gu ardian has the right to 161
contact an attorney. 162
10. The director of the division shall name at least 163
one chief investigator for each local division office, who 164
shall direct the division response on any case involving a 165
second or subsequent incident regarding the same subject 166
child or perpetrator. The duties of a chief investigator 167 SS SB 43 19
shall include verification of direct observation of the 168
subject child by the division and shall ensure information 169
regarding the status of an investigation is provided to the 170
public school district liaison. The public school district 171
liaison shall develop protocol in conjunction with the chief 172
investigator to ensure information regarding an 173
investigation is shared with appropriate school personnel. 174
The superintendent of each school district shall designate a 175
specific person or persons to act as the public school 176
district liaison. Should the subject child attend a 177
nonpublic school the chief investigator shall notify the 178
school principal of the investigation. Upon notification of 179
an investigation, all information received by the public 180
school district liaison or the school shall be subject to 181
the provisions of the federal Family Educational Rights and 182
Privacy Act (FERPA), 20 U.S.C. Section 1232g, and federa l 183
rule 34 C.F.R. Part 99. 184
[10.] 11. The investigation shall include but not be 185
limited to the nature, extent, and cause of the abuse or 186
neglect; the identity and age of the person responsible for 187
the abuse or neglect; the names and conditions of other 188
children in the home, if any; the home environment and the 189
relationship of the subject child to the parents or other 190
persons responsible for the child's care; any indication of 191
incidents of physical violence against any other household 192
or family member; and other pertinent data. 193
[11.] 12. When a report has been made by a person 194
required to report under section 210.115, the division shall 195
contact the person who made such report within forty -eight 196
hours of the receipt of the report in orde r to ensure that 197
full information has been received and to obtain any 198 SS SB 43 20
additional information or medical records, or both, that may 199
be pertinent. 200
[12.] 13. Upon completion of the investigation, if the 201
division suspects that the report was made mal iciously or 202
for the purpose of harassment, the division shall refer the 203
report and any evidence of malice or harassment to the local 204
prosecuting or circuit attorney. 205
[13.] 14. Multidisciplinary teams shall be used 206
whenever conducting the investig ation as determined by the 207
division in conjunction with local law enforcement. 208
Multidisciplinary teams shall be used in providing 209
protective or preventive social services, including the 210
services of law enforcement, a liaison of the local public 211
school, the juvenile officer, the juvenile court, and other 212
agencies, both public and private. 213
[14.] 15. For all family support team meetings 214
involving an alleged victim of child abuse or neglect, the 215
parents, legal counsel for the parents, foster par ents, the 216
legal guardian or custodian of the child, the guardian ad 217
litem for the child, the child's counsel, and the volunteer 218
advocate for the child shall be provided notice and be 219
permitted to attend all such meetings. Family members, 220
other than alleged perpetrators, or other community informal 221
or formal service providers that provide significant support 222
to the child and other individuals may also be invited at 223
the discretion of the parents of the child. In addition, 224
the parents, the legal cou nsel for the parents, the legal 225
guardian or custodian and the foster parents may request 226
that other individuals, other than alleged perpetrators, be 227
permitted to attend such team meetings. Once a person is 228
provided notice of or attends such team meeti ngs, the 229
division or the convenor of the meeting shall provide such 230 SS SB 43 21
persons with notice of all such subsequent meetings 231
involving the child. Families may determine whether 232
individuals invited at their discretion shall continue to be 233
invited. 234
[15.] 16. If the appropriate local division personnel 235
determine after an investigation has begun that completing 236
an investigation is not appropriate, the division shall 237
conduct a family assessment and services approach. The 238
division shall provide writte n notification to local law 239
enforcement prior to terminating any investigative process. 240
The reason for the termination of the investigative process 241
shall be documented in the record of the division and the 242
written notification submitted to local law e nforcement. 243
Such notification shall not preclude nor prevent any 244
investigation by law enforcement. 245
[16.] 17. If the appropriate local division personnel 246
determines to use a family assessment and services approach, 247
the division shall: 248
(1) Assess any service needs of the family. The 249
assessment of risk and service needs shall be based on 250
information gathered from the family and other sources; 251
(2) Provide services which are voluntary and time - 252
limited unless it is determined by the div ision based on the 253
assessment of risk that there will be a high risk of abuse 254
or neglect if the family refuses to accept the services. 255
The division shall identify services for families where it 256
is determined that the child is at high risk of future ab use 257
or neglect. The division shall thoroughly document in the 258
record its attempt to provide voluntary services and the 259
reasons these services are important to reduce the risk of 260
future abuse or neglect to the child. If the family 261 SS SB 43 22
continues to refuse voluntary services or the child needs to 262
be protected, the division may commence an investigation; 263
(3) Commence an immediate investigation if at any time 264
during the family assessment and services approach the 265
division determines that an investigat ion, as delineated in 266
sections 210.109 to 210.183, is required. The division 267
staff who have conducted the assessment may remain involved 268
in the provision of services to the child and family; 269
(4) Document at the time the case is closed, the 270
outcome of the family assessment and services approach, any 271
service provided and the removal of risk to the child, if it 272
existed. 273
[17.] 18. (1) Within forty-five days of an oral 274
report of abuse or neglect, the local office shall update 275
the information in the information system. The information 276
system shall contain, at a minimum, the determination made 277
by the division as a result of the investigation, 278
identifying information on the subjects of the report, those 279
responsible for the care of the subj ect child and other 280
relevant dispositional information. The division shall 281
complete all investigations within forty -five days, unless 282
good cause for the failure to complete the investigation is 283
specifically documented in the information system. Good 284
cause for failure to complete an investigation shall 285
include, but not be limited to: 286
(a) The necessity to obtain relevant reports of 287
medical providers, medical examiners, psychological testing, 288
law enforcement agencies, forensic testing, and anal ysis of 289
relevant evidence by third parties which has not been 290
completed and provided to the division; 291
(b) The attorney general or the prosecuting or circuit 292
attorney of the city or county in which a criminal 293 SS SB 43 23
investigation is pending certifies in writing to the 294
division that there is a pending criminal investigation of 295
the incident under investigation by the division and the 296
issuing of a decision by the division will adversely impact 297
the progress of the investigation; or 298
(c) The child victim, the subject of the investigation 299
or another witness with information relevant to the 300
investigation is unable or temporarily unwilling to provide 301
complete information within the specified time frames due to 302
illness, injury, unavailability, mental c apacity, age, 303
developmental disability, or other cause. 304
The division shall document any such reasons for failure to 305
complete the investigation. 306
(2) If a child fatality or near -fatality is involved 307
in a report of abuse or neglect, the investigation shall 308
remain open until the division's investigation surrounding 309
such death or near-fatal injury is completed. 310
(3) If the investigation is not completed within forty - 311
five days, the information system shall be updated at 312
regular intervals and upo n the completion of the 313
investigation, which shall be completed no later than ninety 314
days after receipt of a report of abuse or neglect, or one 315
hundred twenty days after receipt of a report of abuse or 316
neglect involving sexual abuse, or until the divis ion's 317
investigation is complete in cases involving a child 318
fatality or near-fatality. The information in the 319
information system shall be updated to reflect any 320
subsequent findings, including any changes to the findings 321
based on an administrative or j udicial hearing on the matter. 322
[18.] 19. A person required to report under section 323
210.115 to the division and any person making a report of 324 SS SB 43 24
child abuse or neglect made to the division which is not 325
made anonymously shall be informed by the divisio n of his or 326
her right to obtain information concerning the disposition 327
of his or her report. Such person shall receive, from the 328
local office, if requested, information on the general 329
disposition of his or her report. Such person may receive, 330
if requested, findings and information concerning the case. 331
Such release of information shall be at the discretion of 332
the director based upon a review of the reporter's ability 333
to assist in protecting the child or the potential harm to 334
the child or other ch ildren within the family. The local 335
office shall respond to the request within forty -five days. 336
The findings shall be made available to the reporter within 337
five days of the outcome of the investigation. If the 338
report is determined to be unsubstantia ted, the reporter may 339
request that the report be referred by the division to the 340
office of child advocate for children's protection and 341
services established in sections 37.700 to 37.730. Upon 342
request by a reporter under this subsection, the division 343
shall refer an unsubstantiated report of child abuse or 344
neglect to the office of child advocate for children's 345
protection and services. 346
[19.] 20. The division shall provide to any individual 347
who is not satisfied with the results of an investigatio n 348
information about the office of child advocate and the 349
services it may provide under sections 37.700 to 37.730. 350
[20.] 21. In any judicial proceeding involving the 351
custody of a child the fact that a report may have been made 352
pursuant to sections 210.109 to 210.183 shall not be 353
admissible. However: 354
(1) Nothing in this subsection shall prohibit the 355
introduction of evidence from independent sources to support 356 SS SB 43 25
the allegations that may have caused a report to have been 357
made; and 358
(2) The court may on its own motion, or shall if 359
requested by a party to the proceeding, make an inquiry not 360
on the record with the children's division to determine if 361
such a report has been made. 362
If a report has been made, the court may stay the custody 363
proceeding until the children's division completes its 364
investigation. 365
[21.] 22. Nothing in this chapter shall be construed 366
to prohibit the children's division from coinvestigating a 367
report of child abuse or neglect or sharing records and 368
information with child welfare, law enforcement, or judicial 369
officers of another state, territory, or nation if the 370
children's division determines it is appropriate to do so 371
under the standard set forth in subsection 4 of section 372
210.150 and if such receiving ag ency is exercising its 373
authority under the law. 374
[22.] 23. In any judicial proceeding involving the 375
custody of a child where the court determines that the child 376
is in need of services under paragraph (d) of subdivision 377
(1) of subsection 1 of secti on 211.031 and has taken 378
jurisdiction, the child's parent, guardian or custodian 379
shall not be entered into the registry. 380
[23.] 24. The children's division is hereby granted 381
the authority to promulgate rules and regulations pursuant 382
to the provisions of section 207.021 and chapter 536 to 383
carry out the provisions of sections 210.109 to 210.183. 384
[24.] 25. Any rule or portion of a rule, as that term 385
is defined in section 536.010, that is created under the 386
authority delegated in this section s hall become effective 387 SS SB 43 26
only if it complies with and is subject to all of the 388
provisions of chapter 536 and, if applicable, section 389
536.028. This section and chapter 536 are nonseverable and 390
if any of the powers vested with the general assembly 391
pursuant to chapter 536 to review, to delay the effective 392
date or to disapprove and annul a rule are subsequently held 393
unconstitutional, then the grant of rulemaking authority and 394
any rule proposed or adopted after August 28, 2000, shall be 395
invalid and void. 396
210.160. 1. Subject to the provisions of subsection 3 1
of this section, In every case involving an abused or 2
neglected child which results in a judicial proceeding, the 3
judge shall appoint a guardian ad litem to appear for and 4
represent: 5
(1) A child who is the subject of proceedings pursuant 6
to sections 210.110 to 210.165 except proceedings under 7
subsection 6 of section 210.152, sections 210.700 to 8
210.760, sections 211.442 to 211.487, or sections 453.005 to 9
453.170, or proceedings to determine custody or visitation 10
rights under sections 452.375 to 452.410; or 11
(2) A parent who is a minor, or who is a mentally ill 12
person or otherwise incompetent, and whose child is the 13
subject of proceedings under sections 210.110 to 210.165, 14
sections 210.700 to 210.760, sections 211.442 to 211.487, or 15
sections 453.005 to 453.170. 16
2. The judge, either sua sponte or upon motion of a 17
party, may appoint a guardian ad litem to appear for and 18
represent an abused or neglected ch ild involved in 19
proceedings arising under subsection 6 of section 210.152. 20
3. (1) Beginning January 1, 2028, the judge shall 21
appoint counsel for a child who is at least fourteen but 22
less than eighteen years of age and who is the subject of 23 SS SB 43 27
proceedings under sections 210.110 to 210.165 except 24
proceedings under subsection 6 of section 210.152, sections 25
210.700 to 210.760, or sections 211.442 to 211.487. A judge 26
may implement the provisions of this subsection at any time 27
before January 1, 2028, pursuant to a pilot project 28
implemented under section 477.715, and, if doing so, shall 29
not be required to appoint a guardian ad litem and child's 30
counsel concurrently unless the judge finds it necessary in 31
accordance with subdivision (3) of this subse ction. 32
(2) Counsel shall represent the child at all stages of 33
the proceeding, including appeal. The child and the child's 34
parent or guardian shall not be represented by the same 35
counsel. 36
(3) A guardian ad litem appointed for a child under 37
this section shall transition to serving as the child's 38
counsel upon the child's fourteenth birthday, provided that 39
the proceeding for which the guardian ad litem was appointed 40
is ongoing. The transition shall occur unless the judge 41
finds it necessary to continue the guardian ad litem 42
appointment if it is determined that the child is at risk 43
for substantial physical, financial, or other harm and 44
cannot adequately act in his or her own interests or if 45
those responsible for the care, custody, and con trol of the 46
child have been and still are under the jurisdiction of the 47
department of corrections; provided, however, a judge may 48
appoint the child counsel in addition to a guardian ad litem. 49
(4) The judge may appoint the same attorney to serve 50
as guardian ad litem for children in a sibling group who are 51
under fourteen years of age as the attorney serving as 52
child's counsel for any sibling at least fourteen but less 53
than eighteen years of age; provided that the attorney or 54 SS SB 43 28
judge does not find a conflict of interest in such 55
appointment. 56
(5) In the event that a child's counsel is appointed 57
under this subsection, the court may appoint or continue the 58
appointment of a volunteer advocate, who shall be governed 59
by the provisions of this sec tion. 60
(6) Either sua sponte or upon the motion of a party, 61
the judge shall issue an order of appointment for the 62
child's counsel within thirty days of the child's fourteenth 63
birthday and the counsel shall notify the parties of the 64
change in appointment. 65
4. The guardian ad litem and child's counsel shall be 66
provided with all reports relevant to the case made to or by 67
any agency or person, shall have access to all records of 68
such agencies or persons relating to the child or such 69
child's family members or placements of the child, and upon 70
appointment by the court to a case, shall be informed of and 71
have the right to attend any and all family support team 72
meetings involving the child. Employees of the division, 73
officers of the court, and employees of any agency involved 74
shall fully inform the guardian ad litem and child's counsel 75
of all aspects of the case of which they have knowledge or 76
belief. 77
[4.] 5. The appointing judge shall require the 78
guardian ad litem or the child's counsel to faithfully 79
discharge such guardian ad litem's or the counsel's duties, 80
and upon failure to do so shall discharge such guardian ad 81
litem or counsel and appoint another. The appointing judge 82
shall have the authority to examine the general and cri minal 83
background of persons appointed as guardians ad litem and 84
children's counsel, including utilization of the family care 85
safety registry and access line pursuant to sections 210.900 86 SS SB 43 29
to 210.937, to ensure the safety and welfare of the children 87
such persons are appointed to represent. The judge in 88
making appointments pursuant to this section shall give 89
preference to persons who served as guardian ad litem or 90
child's counsel for the child in the earlier proceeding, 91
unless there is a reason on the record for not giving such 92
preference. 93
[5.] 6. The guardian ad litem and the child's counsel 94
may be awarded a reasonable fee for such services to be set 95
by the court. The court, in its discretion, may award such 96
fees as a judgment to be paid by any party to the 97
proceedings or from public funds. However, no fees as a 98
judgment shall be taxed against a party or parties who have 99
not been found to have abused or neglected a child or 100
children. Such an award of guardian fees or attorney fees 101
shall constitute a final judgment in favor of the guardian 102
ad litem or child's counsel. Such final judgment shall be 103
enforceable against the parties in accordance with chapter 104
513. 105
[6.] 7. The court may designate volunteer advocates, 106
who may or may not be attorneys licensed to practice law, to 107
assist in the performance of the guardian ad litem duties 108
for the court. Nonattorney volunteer advocates shall not 109
provide legal representation. The court shall have the 110
authority to examine the general and criminal background of 111
persons designated as volunteer advocates, including 112
utilization of the family care safety registry and access 113
line pursuant to sections 210.900 to 210.937, to ensure the 114
safety and welfare of the children such persons are 115
designated to represent. The volunteer advocate shall be 116
provided with all reports relevant to the case made to or by 117
any agency or person, shall have access to all records of 118 SS SB 43 30
such agencies or persons relating to the child or such 119
child's family member s or placements of the child, and upon 120
designation by the court to a case, shall be informed of and 121
have the right to attend any and all family support team 122
meetings involving the child. Any such designated person 123
shall receive no compensation from pu blic funds. This shall 124
not preclude reimbursement for reasonable expenses. 125
[7.] 8. Any person appointed to perform guardian ad 126
litem or children's counsel duties shall have completed a 127
training program in permanency planning and shall advocate 128
for timely court hearings whenever possible to attain 129
permanency for a child as expeditiously as possible to 130
reduce the effects that prolonged foster care may have on a 131
child. A nonattorney volunteer advocate shall have access 132
to a court appointed atto rney guardian ad litem or child's 133
counsel should the circumstances of the particular case so 134
require. 135
210.560. 1. As used in this section, the following 1
terms shall mean: 2
(1) "Child", any child placed in the legal custody of 3
the division under chapter 211; 4
(2) "Division", the children's division of the 5
department of social services of the state of Missouri; 6
(3) "Money", any legal tender, note, draft, 7
certificate of deposit, stocks, bond or check; 8
(4) "Vested right", a legal right that is more than a 9
mere expectancy and may be reduced to a present monetary 10
value. 11
2. The child, the child's parents, any fiduciary or 12
any representative payee holding or receiving money that are 13
vested rights solely for or on behalf of a child are jointly 14
and severally liable for funds expended by the division to 15 SS SB 43 31
or on behalf of the child. The liability of any person, 16
except a parent of the child, shall be limited to the money 17
received in his or her fiduciary or repr esentative 18
capacity. The Missouri state government shall not require a 19
trustee or a financial institution acting as a trustee to 20
exercise any discretionary powers in the operation of a 21
trust. 22
3. The division may accept an appointment to serve as 23
representative payee or fiduciary, or in a similar capacity 24
for payments to a child under any public or private benefit 25
arrangement. Money so received shall be governed by this 26
section to the extent that laws and regulations governing 27
payment of such benefits provide otherwise. 28
4. Any money received by the division on behalf of a 29
child shall be accounted for in the name of the child. Any 30
money in the account of a child may be expended by the 31
division for care or services for the child. The division 32
shall by rule adopted under chapter 536 establish procedures 33
for the accounting of the money and the protection of the 34
money against theft, loss or misappropriation. 35
5. The division shall deposit money with a financial 36
institution. Any earnings attributable to the money in the 37
account of a child shall be credited to that child's 38
account. The division shall receive bids from banking 39
corporations, associations or trust companies which desire 40
to be selected as depositories of children' s moneys for the 41
division. 42
6. The division may accept funds which a parent, 43
guardian or other person wishes to provide for the use or 44
benefit of the child. The use and deposit of such funds 45
shall be governed by this section and any additional 46
directions given by the provider of the funds. 47 SS SB 43 32
7. Each child for whose benefit funds have been 48
received by the division [and], the guardian ad litem of 49
such child, and the child's counsel shall be furnished 50
annually with a statement listing all tra nsactions involving 51
the funds which have been deposited on the child's behalf, 52
to include each receipt and disbursement. 53
8. The division shall use all proper diligence to 54
dispose of the balance of money accumulated in the child's 55
account when the child is released from the care and custody 56
of the division or the child dies. When the child is 57
deceased the balance shall be disposed of as provided by law 58
for descent and distribution. If, after the division has 59
diligently used such methods and m eans as considered 60
reasonable to refund such funds, there shall remain any 61
money, the owner of which is unknown to the division, or if 62
known, cannot be located by the division, in each and every 63
such instance such money shall escheat and vest in the s tate 64
of Missouri, and the director and officials of the division 65
shall pay the same to the state director of the department 66
of revenue, taking a receipt therefor, who shall deposit the 67
money in the state treasury to be credited to a fund to be 68
designated as "escheat". 69
9. Within five years after money has been paid into 70
the state treasury, any person who appears and claims the 71
money may file a petition in the circuit court of Cole 72
County, Missouri, stating the nature of the claim and 73
praying that such money be paid to him. A copy of the 74
petition shall be served upon the director of the department 75
of revenue who shall file an answer to the same. The court 76
shall proceed to examine the claim and the allegations and 77
proof, and if it finds tha t such person is entitled to any 78
money so paid into the state treasury, it shall order the 79 SS SB 43 33
commissioner of administration to issue a warrant on the 80
state treasurer for the amount of such claim, but without 81
interest or costs. A certified copy of the or der shall be 82
sufficient voucher for issuing a warrant; provided, that 83
either party may appeal from the decision of the court in 84
the same manner as provided by law in other civil actions. 85
10. All moneys paid into the state treasury under the 86
provisions of this section after remaining there unclaimed 87
for five years shall escheat and vest absolutely in the 88
state and be credited to the state treasury, and all persons 89
shall be forever barred and precluded from setting up title 90
or claim to any such funds. 91
11. Nothing in this section shall be deemed to apply 92
to funds regularly due the state of Missouri for the support 93
and maintenance of children in the care and custody of the 94
division or collected by the state of Missouri as 95
reimbursement for state funds expended on behalf of the 96
child. 97
210.565. 1. Whenever a child is placed in a foster 1
home and the court has determined pursuant to subsection 4 2
of this section that foster home placement with relatives is 3
not contrary to the best interest of the child, the 4
children's division shall give foster home placement to 5
relatives of the child. Notwithstanding any rule of the 6
division to the contrary and under section 210.305, the 7
children's division shall complete a diligen t search to 8
locate and notify the grandparents, adult siblings, parents 9
of siblings of the child, and all other relatives and 10
determine whether they wish to be considered for placement 11
of the child. Grandparents who request consideration shall 12
be given preference and first consideration for foster home 13
placement of the child. If more than one grandparent 14 SS SB 43 34
requests consideration, the family support team shall make 15
recommendations to the juvenile or family court about which 16
grandparent should be consi dered for placement. 17
2. As used in this section, the following terms shall 18
mean: 19
(1) "Adult sibling", any brother or sister of whole or 20
half-blood who is at least eighteen years of age; 21
(2) "Relative", a grandparent or any other person 22
related to another by blood or affinity or a person who is 23
not so related to the child but has a close relationship 24
with the child or the child's family. A foster parent or 25
kinship caregiver with whom a child has resided for nine 26
months or more is a person who has a close relationship with 27
the child. The status of a grandparent shall not be 28
affected by the death or the dissolution of the marriage of 29
a son or daughter; 30
(3) "Sibling", one of two or more individuals who have 31
one or both parents in common through blood, marriage, or 32
adoption, including siblings as defined by the child's 33
tribal code or custom. 34
3. The following shall be the order or preference for 35
placement of a child under this section: 36
(1) Grandparents; 37
(2) Adult siblings or parents of siblings; 38
(3) Relatives; and 39
(4) Any foster parent who is currently licensed and 40
capable of accepting placement of the child. 41
4. The preference for placement and first 42
consideration for grandparents or prefe rence for placement 43
with other relatives created by this section shall only 44
apply where the court finds that placement with such 45
grandparents or other relatives is not contrary to the best 46 SS SB 43 35
interest of the child considering all circumstances. If the 47
court finds that it is contrary to the best interest of a 48
child to be placed with grandparents or other relatives, the 49
court shall make specific findings on the record detailing 50
the reasons why the best interests of the child necessitate 51
placement of the child with persons other than grandparents 52
or other relatives. Absent evidence to the contrary, the 53
court may presume that continuation of the child's placement 54
with his or her current caregivers is in the child's best 55
interests. 56
5. Recognizing the critical nature of sibling bonds 57
for children, the children's division shall make reasonable 58
efforts to place siblings in the same foster care, kinship, 59
guardianship, or adoptive placement, unless doing so would 60
be contrary to the safety or well -being of any of the 61
siblings. If siblings are not placed together, the 62
children's division shall make reasonable efforts to provide 63
frequent visitation or other ongoing interaction between the 64
siblings, unless this interaction would be contrary to a 65
sibling's safety or well -being. 66
6. The age of the child's grandparent or other 67
relative shall not be the only factor that the children's 68
division takes into consideration when it makes placement 69
decisions and recommendations to the court about pla cing the 70
child with such grandparent or other relative. 71
7. For any Native American child placed in protective 72
custody, the children's division shall comply with the 73
placement requirements set forth in 25 U.S.C. Section 1915. 74
8. A grandparent or other relative may, on a case -by- 75
case basis, have standards for licensure not related to 76
safety waived for specific children in care that would 77
otherwise impede licensing of the grandparent's or 78 SS SB 43 36
relative's home. In addition, any person receiving a 79
preference may be licensed in an expedited manner if a child 80
is placed under such person's care. 81
9. The guardian ad litem or child's counsel shall 82
ascertain the child's wishes and feelings about his or her 83
placement by conducting an interview or interviews with the 84
child, if appropriate based on the child's age and maturity 85
level, which shall be considered as a factor in placement 86
decisions and recommendations, but shall not supersede the 87
preference for relative placement created by this secti on or 88
be contrary to the child's best interests. 89
210.762. 1. When a child is taken into custody by a 1
juvenile officer or law enforcement official under 2
subdivision (1) of subsection 1 of section 211.031 and 3
initially placed with th e division, the division may make a 4
temporary placement and shall arrange for a family support 5
team meeting prior to or within twenty -four hours following 6
the protective custody hearing held under section 211.032. 7
After a child is in the division's cus tody and a temporary 8
placement has been made, the division shall arrange an 9
additional family support team meeting prior to taking any 10
action relating to the placement of such child; except that, 11
when the welfare of a child in the custody of the divisi on 12
requires an immediate or emergency change of placement, the 13
division may make a temporary placement and shall schedule a 14
family support team meeting within seventy -two hours. The 15
requirement for a family support team meeting shall not 16
apply when the parent has consented in writing to the 17
termination of his or her parental rights in conjunction 18
with a placement in a licensed child -placing agency under 19
subsection 6 of section 453.010. 20 SS SB 43 37
2. The parents, the legal counsel for the parents, the 21
foster parents, the legal guardian or custodian of the 22
child, the guardian ad litem for the child, the child's 23
counsel, and the volunteer advocate, and any designee of the 24
parent that has written authorization shall be notified and 25
invited to participat e in all family support team meetings. 26
The family support team meeting may include such other 27
persons whose attendance at the meeting may assist the team 28
in making appropriate decisions in the best interests of the 29
child. If the division finds that i t is not in the best 30
interest of a child to be placed with relatives, the 31
division shall make specific findings in the division's 32
report detailing the reasons why the best interests of the 33
child necessitate placement of the child with persons other 34
than relatives. 35
3. The division shall use the form created in 36
subsection 2 of section 210.147 to be signed upon the 37
conclusion of the meeting pursuant to subsection 1 of this 38
section confirming that all involved parties are aware of 39
the team's decision regarding the custody and placement of 40
the child. Any dissenting views must be recorded and 41
attested to on such form. 42
4. The case manager shall be responsible for including 43
such form with the case records of the child. 44
211.032. 1. Except as otherwise provided in a circuit 1
participating in a pilot project established by the Missouri 2
supreme court, when a child, alleged to be in need of care 3
and treatment pursuant to subdivision (1) of subsection 1 of 4
section 211.031, is taken into custody, the juvenile or 5
family court shall notify the parties of the right to have a 6
protective custody hearing. Such notification shall be in 7
writing. 8 SS SB 43 38
2. Upon request from any party, the court shall hold a 9
protective custody heari ng. Such hearing shall be held 10
within three days of the request for a hearing, excluding 11
Saturdays, Sundays and legal holidays. For circuits 12
participating in a pilot project established by the Missouri 13
supreme court, the parties shall be notified at the status 14
conference of their right to request a protective custody 15
hearing. 16
3. No later than February 1, 2005, the Missouri 17
supreme court shall require a mandatory court proceeding to 18
be held within three days, excluding Saturdays, Sundays, and 19
legal holidays, in all cases under subdivision (1) of 20
subsection 1 of section 211.031. The Missouri supreme court 21
shall promulgate rules for the implementation of such 22
mandatory court proceedings and may consider recommendations 23
from any pilot proje cts established by the Missouri supreme 24
court regarding such proceedings. Nothing in this 25
subsection shall prevent the Missouri supreme court from 26
expanding pilot projects prior to the implementation of this 27
subsection. 28
4. The court shall hold a n adjudication hearing no 29
later than sixty days after the child has been taken into 30
custody. The court shall notify the parties in writing of 31
the specific date, time, and place of such hearing. If at 32
such hearing the court determines that sufficient cause 33
exists for the child to remain in the custody of the state, 34
the court shall conduct a dispositional hearing no later 35
than ninety days after the child has been taken into custody 36
and shall conduct review hearings regarding the 37
reunification efforts made by the division every ninety to 38
one hundred twenty days for the first year the child is in 39
the custody of the division. After the first year, review 40 SS SB 43 39
hearings shall be held as necessary, but in no event less 41
than once every six months for as lo ng as the child is in 42
the custody of the division. 43
5. At all hearings held pursuant to this section the 44
court may receive testimony and other evidence relevant to 45
the necessity of detaining the child out of the custody of 46
the parents, guardian or custodian. 47
6. By January 1, 2005, the supreme court shall develop 48
rules regarding the effect of untimely hearings. 49
7. If the placement of any child in the custody of the 50
children's division will result in the child attending a 51
school other than the school the child was attending when 52
taken into custody: 53
(1) The child's records from such school shall 54
automatically be forwarded to the school that the child is 55
transferring to upon notification within two business days 56
by the division; or 57
(2) Upon request of the foster family, the guardian ad 58
litem, the child's counsel, or the volunteer advocate and 59
whenever possible, the child shall be permitted to continue 60
to attend the same school that the child was enrolled in and 61
attending at the time the child was taken into custody by 62
the division. The division, in consultation with the 63
department of elementary and secondary education, shall 64
establish the necessary procedures to implement the 65
provisions of this subsection. 66
211.211. 1. A child is entitled to be represented by 1
counsel in all proceedings under subdivision (2) or (3) of 2
subsection 1 of section 211.031 and by a guardian ad litem 3
in all proceedings under subdivision (1) of subsection 1 of 4
section 211.031, except as otherwise provided in subsection 5
3 of section 210.160 when the child shall be represented by 6 SS SB 43 40
counsel and the provisions of section 210.160 shall apply to 7
the appointment of such counsel. Counsel appointed under 8
subsection 3 of section 210.160 shall not be waived . 9
2. The court shall appoint counsel for a child prior 10
to the filing of a petition if a request is made therefor to 11
the court and the court finds that the child is the subject 12
of a juvenile court proceeding a nd that the child making the 13
request is indigent. 14
3. (1) When a petition has been filed under 15
subdivision (2) or (3) of subsection 1 of section 211.031, 16
the court may appoint counsel for the child except if 17
private counsel has entered his or her appearance on behalf 18
of the child or if counsel has been waived in accordance 19
with law; except that, counsel shall not be waived for any 20
proceeding specified under subsection 10 of this section 21
unless the child has had the opportunity to meaningfully 22
consult with counsel and the court has conducted a hearing 23
on the record. 24
(2) If a child waives his or her right to counsel, 25
such waiver shall be made in open court and be recorded and 26
in writing and shall be made knowingly, intelligently, and 27
voluntarily. In determining whether a child has knowingly, 28
intelligently, and voluntarily waived his or her right to 29
counsel, the court shall look to the totality of the 30
circumstances including, but not limited to, the child's 31
age, intelligence, backgr ound, and experience generally and 32
in the court system specifically; the child's emotional 33
stability; and the complexity of the proceedings. 34
4. When a petition has been filed and the child's 35
custodian appears before the court without counsel, the 36
court shall appoint counsel for the custodian if it finds: 37
(1) That the custodian is indigent; and 38 SS SB 43 41
(2) That the custodian desires the appointment of 39
counsel; and 40
(3) That a full and fair hearing requires appointment 41
of counsel for the custodian. 42
5. Counsel shall be allowed a reasonable time in which 43
to prepare to represent his client. 44
6. Counsel shall serve for all stages of the 45
proceedings, including appeal, unless relieved by the court 46
for good cause shown. If no appeal is taken, services of 47
counsel are terminated following the entry of an order of 48
disposition. 49
7. The child and his custodian may be represented by 50
the same counsel except where a conflict of interest 51
exists. Where it appears to the court that a conflict 52
exists, it shall order that the child and his custodian be 53
represented by separate counsel, and it shall appoint 54
counsel if required by subsection 3 or 4 of this section. 55
8. When a petition has been filed, a child may waive 56
his or her right to counsel only with the approval of the 57
court and if such waiver is not prohibited under subsection 58
10 of this section. If a child waives his or her right to 59
counsel for any proceeding except proceedings under 60
subsection 10 of this section, the waiver shall only apply 61
to that proceeding. In any subsequent proceeding, the child 62
shall be informed of his or her right to counsel. 63
9. Waiver of counsel by a child may be withdrawn at 64
any stage of the proceeding, in which event the court shall 65
appoint counsel for the child if required by subsection 3 of 66
this section. 67
10. A child's right to be represented by counsel shall 68
not be waived in any of the following proceedings: 69 SS SB 43 42
(1) At any contested detention hearing under Missouri 70
supreme court rule 127.08 where the petitioner alleges that 71
the child violated any law that, if committed by an adult, 72
would be a felony unless an agreement is otherwise reached; 73
(2) At a certification hearing under section 211.071 74
or a dismissal heari ng under Missouri supreme court rule 75
129.04; 76
(3) At an adjudication hearing under Missouri supreme 77
court rule 128.02 for any felony offense or at any detention 78
hearing arising from a misdemeanor or felony motion to 79
modify or revoke, including the acceptance of an admission; 80
(4) At a dispositional hearing under Missouri supreme 81
court rule 128.03; or 82
(5) At a hearing on a motion to modify or revoke 83
supervision under subdivision (2) or (3) of subsection 1 of 84
section 211.031. 85
211.261. 1. An appeal shall be allowed to the child 1
from any final judgment, order or decree made under the 2
provisions of this chapter and may be taken on the part of 3
the child by its parent, guardian, legal custodian, spouse, 4
relative or next friend. An appeal shall be allowed to a 5
parent from any final judgment, order or decree made under 6
the provisions of this chapter which adversely affects him. 7
An appeal shall be allowed to the juvenile officer from any 8
final judgment, order or decree made under this chapter, 9
except that no such appeal shall be allowed concerning a 10
final determination pursuant to subdivision (3) of 11
subsection 1 of section 211.031. Notice of appeal shall be 12
filed within thirty days after the final jud gment, order or 13
decree has been entered but neither the notice of appeal nor 14
any motion filed subsequent to the final judgment acts as a 15
supersedeas unless the court so orders. 16 SS SB 43 43
2. Notwithstanding the provisions of subsection 1 of 17
this section, an appeal shall be allowed to the: 18
(1) Juvenile officer from any order suppressing 19
evidence, a confession or an admission, in proceedings under 20
subdivision (3) of subsection 1 of section 211.031; or 21
(2) Parent, guardian ad litem, child's counsel, or 22
juvenile officer from any order changing or modifying the 23
placement of a child. 24
3. The appeal provided for in subsection 2 of this 25
section shall be an interlocutory appeal, filed in the 26
appropriate district of the Missouri court of appeals. 27
Notice of such interlocutory appeal shall be filed within 28
three days of the entry of the order of trial court; the 29
time limits applicable to such appeal shall be the same as 30
in interlocutory appeals allowed to the state in criminal 31
cases. 32
211.462. 1. In all actions to terminate parental 1
rights, if not previously appointed pursuant to section 2
210.160, a guardian ad litem or child's counsel shall be 3
appointed for the child as soon as practicable after the 4
filing of the petition. 5
2. The parent or guardian of the person of the child 6
shall be notified of the right to have counsel, and if they 7
request counsel and are financially unable to employ 8
counsel, counsel shall be appointed by the court. Notice of 9
this provision shall be contained in the summons. When the 10
parent is a minor or incompetent the court shall appoint a 11
guardian ad litem to represent such parent. 12
3. The guardian ad litem or child's counsel shall, 13
during all stages of the proceedings: 14
(1) Be the legal representative of the child, and may 15
examine, cross-examine, subpoena witnesses and offer 16 SS SB 43 44
testimony. The guardian ad litem or child's counsel may 17
also initiate an appeal of any disposition that he 18
determines to be adverse to the best interests of the child; 19
(2) Be an advocate for the child during the 20
dispositional hearing and aid in securing a permanent 21
placement plan for the child. To ascertain the child's 22
wishes, feelings, attachments, and attitudes, he shall 23
conduct all necessary interviews with persons, other than 24
the parent, having contact with or knowledge of the child 25
and, if appropriate, with the child; 26
(3) Protect the rights, interest and welfare of a 27
minor or incompetent parent by exercising the powers and 28
duties enumerated in subdivisions (1) and (2) of this 29
subsection. 30
4. Court costs shall be paid by the county in which 31
the proceeding is instituted, except that the court may 32
require the agency or person having or receiving legal or 33
actual custody to pay the costs. 34
451.040. 1. Previous to any marriage in this state, a 1
license for that purpose shall be obtained from the officer 2
authorized to issue the same, and no marriage contracted 3
shall be recognized as valid unless the license has been 4
previously obtained, and unless the marriage is solemnized 5
by a person authorized by law to solemnize marriages. 6
2. Before applicants for a marriage license shall 7
receive a license, and before the recorder of deeds shall be 8
authorized to issue a license, the parties to the marriage 9
shall present an application for the license, duly executed 10
and signed in the presence of the recorder of deeds or their 11
deputy or electronically through an online process. If an 12
applicant is unable to sign the application in the presence 13
of the recorder of deeds as a result of the applicant's 14 SS SB 43 45
incarceration or because the applicant has been called or 15
ordered to active military duty out of the state or country, 16
the recorder of deeds may issue a license if: 17
(1) An affidavit or sworn statement is submitted by 18
the incarcerated or military applicant on a form furnished 19
by the recorder of deeds which includes the necessary 20
information for the recorder of deeds to issue a marriage 21
license under this section. The form shall include, but not 22
be limited to, the following: 23
(a) The names of both applicants for the marriage 24
license; 25
(b) The date of birth of the incarcerated or military 26
applicant; 27
(c) An attestation by the in carcerated or military 28
applicant that both applicants are not related; 29
(d) The date the marriage ended if the incarcerated or 30
military applicant was previously married; 31
(e) An attestation signed by the incarcerated or 32
military applicant stat ing in substantial part that the 33
applicant is unable to appear in the presence of the 34
recorder of deeds as a result of the applicant's 35
incarceration or because the applicant has been called or 36
ordered to active military duty out of the state or country , 37
which will be verified by the professional or official who 38
directs the operation of the jail or prison or the military 39
applicant's military officer, or such professional's or 40
official's designee, and acknowledged by a notary public 41
commissioned by the state of Missouri at the time of 42
verification. However, in the case of an applicant who is 43
called or ordered to active military duty outside Missouri, 44
acknowledgment may be obtained by a notary public who is 45
duly commissioned by a state other than Missouri or by 46 SS SB 43 46
notarial services of a military officer in accordance with 47
the Uniform Code of Military Justice at the time of 48
verification; 49
(2) The completed marriage license application of the 50
incarcerated or military applicant is submitted whic h 51
includes the applicant's Social Security number; except 52
that, in the event the applicant does not have a Social 53
Security number, a sworn statement by the applicant to that 54
effect; and 55
(3) A copy of a government -issued identification for 56
the incarcerated or military applicant which contains the 57
applicant's photograph. However, in such case the 58
incarcerated applicant does not have such an identification 59
because the jail or prison to which he or she is confined 60
does not issue an identificatio n with a photo his or her 61
notarized application shall satisfy this requirement. 62
3. Each application for a license shall contain the 63
Social Security number of the applicant, provided that the 64
applicant in fact has a Social Security number, or the 65
applicant shall sign a statement provided by the recorder 66
that the applicant does not have a Social Security number. 67
The Social Security number contained in an application for a 68
marriage license shall be exempt from examination and 69
copying pursuant to section 610.024. After the receipt of 70
the application the recorder of deeds shall issue the 71
license, unless one of the parties withdraws the 72
application. The license shall be void after thirty days 73
from the date of issuance. 74
4. Any person violating the provisions of this section 75
shall be deemed guilty of a misdemeanor. 76
5. Common-law marriages shall be null and void. 77 SS SB 43 47
6. Provided, however, that no marriage shall be deemed 78
or adjudged invalid, nor shall the validity be in any way 79
affected for want of authority in any person so solemnizing 80
the marriage pursuant to section 451.100, if consummated 81
with the full belief on the part of the persons, so married, 82
or either of them, that they were lawfully joined in 83
marriage. 84
7. In the event a recorder of deeds utilizes an online 85
process to accept applications for a marriage license or to 86
issue a marriage license and the applicants' identity has 87
not been verified in person, the recorder of deeds shall 88
have a two-step identity verification process or a process 89
that independently verifies the identity of such 90
applicants. Such process shall be adopted as part of any 91
electronic system for marriage licenses if the applicants do 92
not present themselves to the recorder of deeds or his or 93
her designee in person. It shall be the responsibility of 94
the recorder of deeds to ensure any process adopted to allow 95
electronic application or issuance of a marriage license 96
verifies the identities of both applicants. The recorder of 97
deeds shall not accept applications for or issue marriage 98
licenses through the process provided in this subsection 99
unless [both applicants are at least eighteen years of age 100
and] at least one of the applicants is a resident of the 101
county or city not within a co unty in which the application 102
was submitted. 103
451.080. 1. The recorders of the several counties of 1
this state, and the recorder of the city of St. Louis, 2
shall, when applied to by any person legally entitled to a 3
marriage license, issue the same which may be in the 4
following form: 5 SS SB 43 48
2. [If the man is under eighteen or the woman under 20
eighteen, add the following: 21
3.] On which such license the person solemnizing the 29
marriage shall, within fifteen days after the issuing 30
thereof, make as near as may be the following return, and 31
return such license to the officer issuing the same: 32
6 State of Missouri )
7 )
8 ss.
9 )
10 County of ______ )
11
12
13
14
15
16
17
18
19
This license authorizes any judge, associate
circuit judge, licensed or ordained preacher of
the gospel, or other person authorized under the
laws of this state, to solemnize marriage between
A B of ______, county of ______ and state of
______, who is ______ the age of eighteen years,
and C D of ______, in the county of ______, state
of ______, who is ______ the age of eighteen
years.
22
23
24
25
The custodial parent or guardian, as the case may
be, of the said A B or C D (A B or C D, as the
case may require), has given his or her assent to
the said marriage.
26
27
28
Witness my hand as recorder, with the seal of
office hereto affixed, at my office, in ______,
the ______ day of ______, 20______, recorder.
33 State of Missouri )
34 )
35 ss.
36 ) SS SB 43 49
451.090. 1. No recorder shall issue a license 1
authorizing the marriage of any male or female under 2
[sixteen] eighteen years of age [nor shall a license be 3
issued authorizing the marriage of any male or female twenty - 4
one years of age or older to a male or female under eighteen 5
years of age]. 6
2. [No recorder shall issue a license authorizing the 7
marriage of any male or female under the age of eighteen 8
years, except with the consent of his or her custodial 9
parent or guardian, which consent shall be given at the 10
time, in writing, stating the re sidence of the person giving 11
such consent, signed and sworn to before an officer 12
authorized to administer oaths. 13
3.] The recorder shall state in every license whether 14
the parties applying for same [, one or either or both of 15
them,] are of age[, or whether the male is under the age of 16
eighteen years or the female under the age of eighteen 17
years, and if the male is under the age of eighteen years or 18
the female is under the age of eighteen years, the name of 19
the custodial parent or guardian consen ting to such 20
marriage]. Applicants shall provide proof of age to the 21
recorder in the form of a certified copy of the applicant's 22
birth certificate, passport, or other government -issued 23
identification, which shall then be documented by the 24
recorder. 25
37 County of ______ )
38
39
40
41
This is to certify that the undersigned ______ did
at ______, in said county, on the ______ day of
______ A.D. 20______, unite in marriage the above -
named persons.
SS SB 43 50
452.425. Any court order for the custody of, or 1
visitation with, a child [may] shall include a provision 2
that the sheriff or other law enforcement officer shall 3
enforce the rights of any person to custody or visitation 4
unless the court issues a subsequent order pursuant to 5
chapter 210, 211, 452 or 455 to limit or deny the custody 6
of, or visitations with, the child. Such sheriff or law 7
enforcement officer shall not remove a child from a person 8
who has actual physical custody of the child unless such 9
sheriff or officer is shown a court order or judgment which 10
clearly and convincingly verifies that such person is not 11
entitled to the actual physical custody of the child, and 12
there are not other exigent circumstances that would g ive 13
the sheriff or officer reasonable suspicion to believe that 14
the child would be harmed or that the court order presented 15
to the sheriff or officer may not be valid. 16
477.700. 1. There is hereby created the "Child and 1
Family Legal Representation Coordinating Commission" within 2
the judicial branch, which shall be composed of nine members 3
appointed by the chief justice of the Missouri supreme 4
court. At least three members of the coordinating 5
commission shall be attorneys license d to practice law in 6
this state, who have a minimum of five years of experience 7
representing children as counsel or guardians ad litem. At 8
least one member shall be a former foster youth with direct 9
experience navigating the foster care system in this state. 10
At least one member shall be a resident of this state who 11
has no direct professional affiliation with the legal or 12
child welfare system, but who has demonstrated commitment to 13
child advocacy and protection. The chief justice shall 14
designate one member to serve as chair and one member as 15 SS SB 43 51
vice chair. The vice chair shall preside in the absence of 16
the chair. 17
2. The members of the coordinating commission shall 18
serve for terms of four years and until their successors are 19
appointed and qualified; except that, of the initial members 20
appointed, three shall serve terms of one year, three shall 21
serve terms of two years, and three shall serve terms of 22
four years, as designated by the chief justice. If a 23
vacancy occurs, the chief justice s hall appoint a 24
replacement, who shall serve the unexpired portion of the 25
term. Members of the coordinating commission may succeed 26
themselves. 27
3. Members of the coordinating commission shall serve 28
without compensation, but shall be reimbursed out of funds 29
appropriated for this purpose for actual and reasonable 30
expenses incurred in the performance of their duties. 31
4. The Missouri supreme court may adopt such rules as 32
it deems appropriate to govern the procedures and operations 33
of the coordinating commission. 34
477.705. In addition to any duties or responsibilities 1
assigned to it by the Missouri supreme court, the 2
coordinating commission established under section 477.700 3
shall have the following duties: 4
(1) To work cooperatively with the various judicial 5
circuits, judicial personnel, attorneys, and other state 6
departments or agencies and form partnerships to ensure 7
uniform, high-quality legal representation for children or 8
families involved in legal proceedings in this state; 9
(2) To make recommendations to the Missouri supreme 10
court concerning the establishment or modification, by court 11
rule, of minimum training requirements and practice 12
standards for attorneys seeking to serve as guardians ad 13 SS SB 43 52
litem, children's counsel, or parent's counsel, including, 14
but not limited to, appropriate maximum caseloads, minimum 15
responsibilities and duties, and practice guidelines; 16
(3) To make recommendations to the Missouri supreme 17
court concerning high -quality, accessible training 18
throughout the state for persons seeking to serve as 19
guardians ad litem, children's counsel, or parent's counsel, 20
as well as for judicial personnel who regularly hear matters 21
involving children and families; 22
(4) To develop, coordinate, and evaluate any pilot 23
project established by the Missouri supreme court relating 24
to guardians ad litem, children's counsel, or parent's 25
counsel, including the development of measures to assess and 26
document the various models of representatio n and the 27
outcomes achieved by each, including collaborative models 28
with local court-appointed special advocate programs, as 29
well as the implementation of the child's counsel provisions 30
of section 210.160; 31
(5) To seek to enhance existing funding sources and to 32
study the availability or development of new funding sources 33
for the provision of uniform, high -quality legal 34
representation for children or families involved in legal 35
proceedings in this state; 36
(6) To apply for and accept any fund s that may be 37
offered or that may become available from gifts, 38
contributions, grants, bequests, or other aid received from 39
federal, private, or other sources, which moneys shall be 40
deposited in the child and family legal representation fund 41
established in section 477.710; and 42
(7) To provide a report to the governor, the general 43
assembly, and the supreme court of Missouri with 44
recommendations to improve legal representation for parents 45 SS SB 43 53
and children subject to juvenile court jurisdiction under 46
subdivision (1) of subsection 1 of section 211.031. 47
477.710. 1. There is hereby established in the state 1
treasury the "Child and Family Legal Representation Fund". 2
The state treasurer shall credit to and deposit in the child 3
and family legal representation fund all moneys that may be 4
appropriated to it by the general assembly and also any 5
gifts, contributions, grants, bequests, or other aid 6
received from federal, private, or other sources. 7
2. The state treasurer shall inves t moneys in the fund 8
in the same manner as surplus state funds are invested 9
pursuant to section 30.260. Any interest and moneys earned 10
on such investments shall be credited to the fund. 11
3. The coordinating commission established under 12
section 477.700 shall administer and disburse moneys in the 13
child and family representation fund to judicial circuits 14
for the purpose of improving or providing uniform, high - 15
quality legal representation for children or families 16
involved in legal proceedings in t his state, including the 17
payment of reasonable fees approved by a court for the 18
appointment of a guardian ad litem, children's counsel, or 19
parent's counsel. 20
4. Notwithstanding the provisions of section 33.080 to 21
the contrary, any moneys remaining in the fund at the end of 22
the biennium shall not revert to the credit of the general 23
revenue fund. 24
477.715. 1. Notwithstanding the provisions of section 1
210.160 or any other provision of law to the contrary, in 2
any circuit participating in a pilot project established by 3
the Missouri supreme court relating to guardians ad litem, 4
children's counsel, or parent's counsel, where the 5
provisions of subdivision (1) of subsection 1 of section 6 SS SB 43 54
210.160 require that the judge appoint a gua rdian ad litem 7
for a child, the judge may instead appoint a child's counsel 8
to represent any child who is fourteen years of age or older 9
at all stages of the proceeding, including appeal, without 10
the additional appointment of a guardian ad litem. The 11
child and the child's parent or guardian shall not be 12
represented by the same counsel. 13
2. The provisions of this section shall expire on 14
January 1, 2028. 15
537.046. 1. As used in this section, the following 1
terms mean: 2
(1) "Childhood sexual abuse", any act committed by the 3
defendant against the plaintiff which act occurred when the 4
plaintiff was under the age of eighteen years and which act 5
would have been a violation of section 566.030, [566.040, 6
566.050] 566.031, 566.032, 566.034, 566.060, [566.070, 7
566.080, 566.090] 566.061, 566.062, 566.064, 566.067, 8
566.068, 566.069, 566.071, 566.083, 566.086, 566.093, 9
566.095, 566.100, [566.110, or 566.120] 566.101, 566.209, 10
566.210, 566.211, or [section] 568.020; 11
(2) "Injury" or "illness", either a physical injury or 12
illness or a psychological injury or illness. A 13
psychological injury or illness need not be accompanied by 14
physical injury or illness. 15
2. Any action to recover damages from injury or 16
illness caused by childhood sexual abuse in an action 17
brought pursuant to this section shall be commenced within 18
ten years of the plaintiff attaining the age of twenty -one 19
or within three years of the date the plaintiff discovers, 20
or reasonably should have discover ed, that the injury or 21
illness was caused by childhood sexual abuse, whichever 22
later occurs. 23 SS SB 43 55
3. This section shall apply to any action commenced on 24
or after August 28, [2004] 2025, including any action which 25
would have been barred by the applicat ion of the statute of 26
limitation applicable prior to that date. 27
4. Notwithstanding any other provision of law to the 28
contrary, a nondisclosure agreement by any party to a 29
childhood sexual abuse action shall not be judicially 30
enforceable in a disp ute involving childhood sexual abuse 31
allegations or claims, and shall be void. 32
568.045. 1. A person commits the offense of 1
endangering the welfare of a child in the first degree if he 2
or she: 3
(1) Knowingly acts in a manner tha t creates a 4
substantial risk to the life, body, or health of a child 5
less than seventeen years of age; or 6
(2) Knowingly engages in sexual conduct with a person 7
under the age of [seventeen] eighteen years over whom the 8
person is a parent, guardian , or otherwise charged with the 9
care and custody; 10
(3) Knowingly encourages, aids or causes a child less 11
than seventeen years of age to engage in any conduct which 12
violates the provisions of chapter 571 or 579; 13
(4) In the presence of a child less than seventeen 14
years of age or in a residence where a child less than 15
seventeen years of age resides, unlawfully manufactures or 16
attempts to manufacture compounds, possesses, produces, 17
prepares, sells, transports, tests or analyzes amphetamine 18
or methamphetamine or any of its analogues. 19
2. The offense of endangering the welfare of a child 20
in the first degree is a class D felony unless the offense: 21
(1) Is committed as part of an act or series of acts 22
performed by two or more persons a s part of an established 23 SS SB 43 56
or prescribed pattern of activity, or where physical injury 24
to the child results, or the offense is a second or 25
subsequent offense under this section, in which case the 26
offense is a class C felony; 27
(2) Results in serious physical injury to the child, 28
in which case the offense is a class B felony; or 29
(3) Results in the death of a child, in which case the 30
offense is a class A felony. 31
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