FIRST REGULAR SESSION
SENATE BILL NO. 655
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR BURGER.
2558S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 192.2405 and 210.115, RSMo, and to enact in lieu thereof six new sections
relating to reporting of abuse and neglect, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 192.2405 and 210.115, RSMo, are 1
repealed and six new sections enacted in lieu thereof, to be 2
known as sections 192.2405, 192.2510, 210.115, 210.191, 3
273.410, and 273.415, to read as follows:4
192.2405. 1. The following persons s hall be required 1
to immediately report or cause a report to be made to the 2
department under sections 192.2400 to 192.2470: 3
(1) Any person having reasonable cause to suspect that 4
an eligible adult presents a likelihood of suffering serious 5
physical harm, or bullying as defined in subdivision (2) of 6
section 192.2400, and is in need of protective services; and 7
(2) Any adult day care worker, chiropractor, Christian 8
Science practitioner, coroner, dentist, embalmer, employee 9
of the departments of social services, mental health, or 10
health and senior services, employee of a local area agency 11
on aging or an organized area agency on aging program, 12
emergency medical technician, firefighter, first responder, 13
funeral director, home health agency, h ome health agency 14
employee, hospital and clinic personnel engaged in the care 15
or treatment of others, in -home services owner or provider, 16
in-home services operator or employee, law enforcement 17
officer, long-term care facility administrator or employee, 18
medical examiner, medical resident or intern, mental health 19 SB 655 2
professional, minister, nurse, nurse practitioner, 20
optometrist, other health practitioner, peace officer, 21
pharmacist, physical therapist, physician, physician's 22
assistant, podiatrist, probat ion or parole officer, 23
psychologist, social worker, animal control officer, animal 24
humane investigator as defined in section 273.415, or other 25
person with the responsibility for the care of an eligible 26
adult who has reasonable cause to suspect that the eligible 27
adult has been subjected to abuse or neglect or observes the 28
eligible adult being subjected to conditions or 29
circumstances which would reasonably result in abuse or 30
neglect. Notwithstanding any other provision of this 31
section, a duly ordain ed minister, clergy, religious worker, 32
or Christian Science practitioner while functioning in his 33
or her ministerial capacity shall not be required to report 34
concerning a privileged communication made to him or her in 35
his or her professional capacity. 36
2. Any other person who becomes aware of circumstances 37
that may reasonably be expected to be the result of, or 38
result in, abuse or neglect of an eligible adult may report 39
to the department. 40
3. The penalty for failing to report as required un der 41
subdivision (2) of subsection 1 of this section is provided 42
under section 565.188. 43
4. As used in this section, "first responder" means 44
any person trained and authorized by law or rule to render 45
emergency medical assistance or treatment. Such persons may 46
include, but shall not be limited to, emergency first 47
responders, police officers, sheriffs, deputy sheriffs, 48
firefighters, or emergency medical technicians. 49
192.2510. 1. All persons providing protective 1
services to eligible adults, as such terms are defined in 2 SB 655 3
section 192.2400, and who have direct contact with such 3
adults, shall be required to complete at least one hour of 4
training within the first sixty days of employment. The 5
training shall include the following : 6
(1) Requirements to report animal abuse or neglect and 7
the penalties associated with failure to report under 8
section 273.410; 9
(2) How to identify animal abuse or neglect; 10
(3) How to make a report of animal abuse or neglect; 11
and 12
(4) The relationship between eligible adult abuse or 13
neglect and animal abuse or neglect. 14
2. The department of health and senior services, in 15
consultation with animal welfare associations, shall develop 16
or adapt and use available training materia ls for the 17
training required under this section. Persons required to 18
complete training under this section shall be provided with 19
opportunities to do so during regular working hours. 20
3. As used in this section, the following terms shall 21
mean: 22
(1) "Animal", the same meaning as in section 578.029; 23
(2) "Animal welfare association", a nonprofit 24
organization that is established to promote animal welfare, 25
is recognized by the Internal Revenue Service as tax exempt 26
under the provisions of the Internal Revenue Code Section 27
501(c)(3) or 501(c)(4), or the corresponding section of any 28
future tax code, and is registered with the secretary of 29
state under chapter 355. 30
210.115. 1. When any physician, medical examiner, 1
coroner, dentist, chiropractor, optometrist, podiatrist, 2
resident, intern, nurse, hospital or clinic personnel that 3
are engaged in the examination, care, treatment or research 4 SB 655 4
of persons, and any other health practitioner, psychologist, 5
mental health profes sional, social worker, day care center 6
worker or other child -care worker, juvenile officer, 7
probation or parole officer, jail or detention center 8
personnel, teacher, principal or other school official, 9
minister as provided by section 352.400, peace off icer or 10
law enforcement official, animal control officer, animal 11
humane investigator as defined in section 273.415, volunteer 12
or personnel of a community service program that offers 13
support services for families in crisis to assist in the 14
delegation of any powers regarding the care and custody of a 15
child by a properly executed power of attorney pursuant to 16
sections 475.600 to 475.604, or other person with 17
responsibility for the care of children has reasonable cause 18
to suspect that a child has been or may be subjected to 19
abuse or neglect or observes a child being subjected to 20
conditions or circumstances which would reasonably result in 21
abuse or neglect, that person shall immediately report to 22
the division in accordance with the provisions of sect ions 23
210.109 to 210.183. No internal investigation shall be 24
initiated until such a report has been made. As used in 25
this section, the term "abuse" is not limited to abuse 26
inflicted by a person responsible for the child's care, 27
custody and control as specified in section 210.110, but 28
shall also include abuse inflicted by any other person. 29
2. If two or more members of a medical institution who 30
are required to report jointly have knowledge of a known or 31
suspected instance of child abuse or negl ect, a single 32
report may be made by a designated member of that medical 33
team. Any member who has knowledge that the member 34
designated to report has failed to do so shall thereafter 35
immediately make the report. Nothing in this section, 36 SB 655 5
however, is meant to preclude any person from reporting 37
abuse or neglect. 38
3. The reporting requirements under this section are 39
individual, and no supervisor or administrator may impede or 40
inhibit any reporting under this section. No person making 41
a report under this section shall be subject to any 42
sanction, including any adverse employment action, for 43
making such report. Every employer shall ensure that any 44
employee required to report pursuant to subsection 1 of this 45
section has immediate and unrestricted access to 46
communications technology necessary to make an immediate 47
report and is temporarily relieved of other work duties for 48
such time as is required to make any report required under 49
subsection 1 of this section. 50
4. Notwithstanding any other provision of sections 51
210.109 to 210.183, any child who does not receive specified 52
medical treatment by reason of the legitimate practice of 53
the religious belief of the child's parents, guardian, or 54
others legally responsible for the child, for that re ason 55
alone, shall not be found to be an abused or neglected 56
child, and such parents, guardian or other persons legally 57
responsible for the child shall not be entered into the 58
central registry. However, the division may accept reports 59
concerning such a child and may subsequently investigate or 60
conduct a family assessment as a result of that report. 61
Such an exception shall not limit the administrative or 62
judicial authority of the state to ensure that medical 63
services are provided to the child when the child's health 64
requires it. 65
5. In addition to those persons and officials required 66
to report actual or suspected abuse or neglect, any other 67
person may report in accordance with sections 210.109 to 68 SB 655 6
210.183 if such person has reasonable cause to suspect that 69
a child has been or may be subjected to abuse or neglect or 70
observes a child being subjected to conditions or 71
circumstances which would reasonably result in abuse or 72
neglect. 73
6. Any person or official required to report pursuant 74
to this section, including employees of the division, who 75
has probable cause to suspect that a child who is or may be 76
under the age of eighteen, who is eligible to receive a 77
certificate of live birth, has died shall report that fact 78
to the appropriate medical examiner or coroner. If, upon 79
review of the circumstances and medical information, the 80
medical examiner or coroner determines that the child died 81
of natural causes while under medical care for an 82
established natural disease, the coroner, medic al examiner 83
or physician shall notify the division of the child's death 84
and that the child's attending physician shall be signing 85
the death certificate. In all other cases, the medical 86
examiner or coroner shall accept the report for 87
investigation, shall immediately notify the division of the 88
child's death as required in section 58.452 and shall report 89
the findings to the child fatality review panel established 90
pursuant to section 210.192. 91
7. Any person or individual required to report may 92
also report the suspicion of abuse or neglect to any law 93
enforcement agency or juvenile office. Such report shall 94
not, however, take the place of reporting to the division. 95
8. If an individual required to report suspected 96
instances of abuse or negl ect pursuant to this section has 97
reason to believe that the victim of such abuse or neglect 98
is a resident of another state or was injured as a result of 99
an act which occurred in another state, the person required 100 SB 655 7
to report such abuse or neglect may, in lieu of reporting to 101
the Missouri children's division, make such a report to the 102
child protection agency of the other state with the 103
authority to receive such reports pursuant to the laws of 104
such other state. If such agency accepts the report, no 105
report is required to be made, but may be made, to the 106
children's division. 107
9. For the purposes of providing supportive services 108
or verifying the status of a youth as unaccompanied or 109
homeless for the purposes of accessing supportive services, 110
the fact that a child is an unaccompanied youth as defined 111
in 42 U.S.C. Section 11434a(6) is not, in and of itself, a 112
sufficient basis for reporting child abuse or neglect, 113
unless the child is under sixteen years of age or is an 114
incapacitated person, as de fined in section 475.010. 115
Nothing in this subsection shall limit a mandated reporter 116
from making a report under this section if the mandated 117
reporter knows or has reasonable cause to suspect that an 118
unaccompanied youth has been or may be a victim of a buse or 119
neglect. 120
210.191. 1. All children's division employees, and 1
contractors for children's services, who have direct contact 2
with children through the state's child protection and 3
welfare system shall be required to complete at least one 4
hour of training within the first sixty days of employment 5
or contract. The training shall include the following: 6
(1) Requirements to report animal abuse or neglect and 7
the penalties associated with failure to report under 8
section 273.410; 9
(2) How to identify animal abuse or neglect; 10
(3) How to make a report of animal abuse or neglect; 11
and 12 SB 655 8
(4) The relationship between child abuse or neglect 13
and animal abuse or neglect. 14
2. The division, in consultation with ani mal welfare 15
associations, shall develop or adapt and use available 16
training materials for the training required under this 17
section. Persons required to complete training under this 18
section shall be provided with opportunities to do so during 19
regular working hours. 20
3. As used in this section, the following terms shall 21
mean: 22
(1) "Animal", the same meaning as in section 578.029; 23
(2) "Animal welfare association", the same meaning as 24
in section 192.2510. 25
273.410. 1. When any psychologist, mental health 1
professional, social worker, school counselor, teacher, or 2
other school professional, or juvenile officer, law 3
enforcement or peace officer, probation or parole officer, 4
home health aide, adult or child protective services worker, 5
or volunteer or personnel of a community service program 6
that offers support or advocacy services for children in 7
foster care has reasonable cause to suspect that an animal 8
has been or may be subjected to abuse or neglect or observes 9
an animal being subjected to conditions or circumstances 10
that would reasonably result in abuse or neglect, that 11
person shall make a report to the hotline established and 12
operated by the Missouri Animal Control Association (MACA) 13
within one day. 14
2. The hotline worker shall request all of the 15
following information for the report: 16
(1) The name and description of the animal involved, 17
if known; 18 SB 655 9
(2) The address and telephone number of the owner or 19
other person responsible for the care of the animal, if 20
known; 21
(3) The nature and extent of the suspected abuse or 22
neglect; and 23
(4) Any other information that the person making the 24
report believes may be useful in establishing the existence 25
of the suspected abuse or neglect or the identity of the 26
person causing the abuse or neglect. 27
3. Upon receiving a report of suspected abuse or 28
neglect, MACA shall provide the report to any duly - 29
authorized law enforcement official, county or municipal 30
animal control officer, or any Miss ouri peace officer 31
standards and training (POST) -certified or MACA-certified 32
animal cruelty investigator. 33
4. Any person required to report animal abuse or 34
neglect under this section shall be immune from civil and 35
criminal liability in connection with making any required 36
reports if the person acted in good faith when making such 37
report. 38
5. Notwithstanding any provision of law to the 39
contrary, any information identifying a person who reports 40
suspected animal abuse or neglect under this sec tion shall 41
be confidential and shall not be deemed a public record and 42
shall not be subject to the provisions of section 109.180 or 43
chapter 610. 44
6. No person required to make a report of animal abuse 45
or neglect under this section shall knowingly make a false 46
report. The penalty for making a false report and the 47
defenses to prosecution shall be the same as under section 48
575.080. 49 SB 655 10
7. If an agency or political subdivision of the state 50
determines that an employee who is a mandated reporter u nder 51
this section has failed to make a report as required by this 52
section, the agency or political subdivision shall issue a 53
written notice to such employee that shall include a finding 54
of facts in support of the failure to make a report and an 55
explanation of the reporting requirement. Such notice shall 56
not be retained in a permanent employment file and shall be 57
retained in a separate file or database maintained by the 58
agency or political subdivision. Such notice shall be 59
considered a closed reco rd under the provisions of chapter 60
610. 61
8. Any person required to make a report under this 62
section who is subject to professional licensure and who 63
fails to make a report as required by this section shall be 64
subject to discipline by his or her re spective licensing 65
board as follows: 66
(1) For the first instance of a failure to report, the 67
licensing board shall issue a written notice to such 68
employee that shall include a finding of facts in support of 69
the failure to make a report and an expl anation of the 70
reporting requirement; 71
(2) For a second instance of a failure to report, the 72
licensing board shall impose a fine of one hundred dollars; 73
(3) For a third and each subsequent instance of a 74
failure to report, the licensing board shall impose a fine 75
of five hundred dollars. 76
9. As used in this section, the term "animal" shall 77
have the same meaning as in section 578.029. 78
273.415. 1. All persons employed or serving as animal 1
control officers or animal hum ane investigators who have 2
direct contact with animals shall be required to complete at 3 SB 655 11
least one hour of training within the first sixty days of 4
employment. The training shall include the following: 5
(1) Requirements to report child abuse or negl ect 6
under section 210.115 or eligible person abuse or neglect 7
under section 192.2405 and the penalties associated with 8
failure to report such abuse or neglect; 9
(2) How to identify child or eligible person abuse or 10
neglect; 11
(3) How to make a report of child or eligible person 12
abuse or neglect; and 13
(4) The relationship between child, eligible adult, 14
and animal abuse or neglect. 15
2. The children's division and the department of 16
health and senior services, in consultation with anim al 17
welfare associations, shall develop or adapt and use 18
available training materials for the training required under 19
this section. Persons required to complete training under 20
this section shall be provided with opportunities to do so 21
during regular working hours. 22
3. As used in this section, the following terms shall 23
mean: 24
(1) "Animal", the same meaning as in section 578.029; 25
(2) "Animal humane investigator", a duly -authorized 26
county or municipal animal control officer or any Missou ri 27
peace officer standards and training (POST) -certified or 28
Missouri Animal Control Association (MACA) -certified animal 29
cruelty investigator; 30
(3) "Animal welfare association", the same meaning as 31
in section 192.2510. 32