Family/Juvenile Law
SS SCS HCS HB 583 — Crime Victims. (See Criminal Law)
CCS HCS SS SCS SB 22 — Political Subdivisions. (See Local Government Law)
CCS HCS SB 25 — Services for Children and Minors. Changes the laws regarding services for children and minors.
Child Abuse Investigations. The Children’s Division within the Department of Social Services is prohibited from closing a child abuse or neglect investigation if the child who is the subject of the investigation dies during the investigation until any separate investigation by the division regarding the death is completed.
Foster Parents’ Bill of Rights. The division and its contractors are required to:
(1) Treat foster parents in accordance with the ethical standards established in the Social Workers’ Ethical Responsibilities to Colleagues;
(2) Give foster parents written notification of the Foster Parents’ Bill of Rights when initially licensed or at the time of renewal;
(3) Schedule regular opportunities for foster parent training;
(4) Give foster parents and potential adoptive parents all pertinent information, including medical records, placements, behaviors, family history, and reports of abuse regarding a child to protect the foster or adoptive family;
(5) Inform foster parents in a timely manner of all team meetings regarding licensure status or children placed in their home;
(6) Define the procedures that foster parents must follow for children when using respite care;
(7) Allow foster parents to share medical information with practitioners and school personnel that is necessary to make safe and appropriate decisions regarding the care for the physical health and educational needs of the child;
(8) Schedule visits at a time that is convenient for all parties involved;
(9) Provide foster parents with training that addresses:
(a) Cultural competence issues such as physical appearance, religious and cultural practices, and community resources that can provide additional training; and
(b) Policies and procedures for licensing, foster care regulations, and the adoption process;
(10) Give foster parents first consideration when placing a child who is not placed with a relative;
(11) Allow fair and impartial time for foster parents to address licensure, case management decisions, and delivery of service issues; and
(12) Provide written documentation of the division’s policies to foster parents upon their request. Foster parents will be required to:
(a) Follow the discipline policies of the division;
(b) Give two weeks’ notice when requesting the removal of a child;
(c) Notify the caseworker within 60 days after being informed of an adoption inquiry if they would like to adopt a foster child; and
(d) Be given at least two weeks’ notice by the courts before any court hearing regarding a child in their care.
Child Support. The department director is required to notify a parent of his or her child support responsibility if there is a current court order. Future child support payments will be computed following the rules established by the Missouri Supreme Court. Only a court of competent jurisdiction may approve a change to a child support order judgment by an administrative agency.
A parent will be allowed to stop paying child support when his or her child reaches 21 years of age or is at least 18 years of age and receives failing grades in at least half of his or her course load in any one semester when enrolled in at least 12 credit hours of higher education. (Signed 7/13/07)
CCS HCS SB 84 — Children. Changes various laws regarding children.
Criminal Background Checks. Fees charged to entities making a request for criminal history record information are changed.
Family members who are caring for a child as a result of an emergency placement will be required to undergo a criminal background check within 15 calendar days. The Children’s Division within the Department of Social Services and the Department of Health and Senior Services are allowed to waive the fingerprint background check requirement for a foster care applicant when recertifying the foster care home.
Interstate Compact for Juveniles. Changes the laws regarding the Interstate Compact for Juveniles. The compact is an existing agreement between the states regarding the supervision and transfer of juvenile delinquents who have escaped from supervision to another state. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later.
Interstate Compact on the Placement of Children. Changes the laws regarding the Interstate Compact for the Placement of Children. The compact is an existing agreement between the states regarding the interstate placement of children. Establishes a process and the operating procedures to place children subject to the compact in safe and suitable homes in a timely manner and facilitates the ongoing supervision of a placement, delivery of services, and communication between the states. The compact provides for a state’s continuing legal jurisdiction and responsibility for the placement and care of a child that it would have had if the placement was intrastate and establishes guidelines, in collaboration with Indian tribes, for interstate cases involving Indian children. The compact becomes effective August 28, 2007, or upon legislative enactment of the compact into law by no less than 35 states, whichever occurs later.
Amber Alert System and Missing Persons. Specifies that the Amber Alert System is to aid in the location of abducted children rather than adults and defines “abducted child” as an individual whose whereabouts are unknown, is younger than 18 years of age, and is reasonably believed to be a victim of kidnapping or younger than 18 years of age and at least 14 years of age who would be reasonably believed to be a victim of child kidnapping if the person was younger than 14 years of age.
An advisory system is established to aid in the identification and location of missing endangered persons and defines a “missing endangered person” as someone whose whereabouts are unknown and who is:
(1) Physically or mentally disabled to the degree that the person is dependent upon an agency or another individual;
(2) Missing under circumstances indicating that the missing person’s safety may be in danger; or
(3) Missing under involuntary or unknown circumstances.
The Department of Public Safety has the authority to promulgate rules establishing recommended procedures for issuing missing endangered person advisories.
Termination of Parental Rights. A juvenile officer or the juvenile division of the circuit court must file a petition for the termination of parental rights within 60 days of the judicial determination. Filing a petition after 60 days will not prohibit the court’s jurisdiction to adjudicate a petition for the termination of parental rights.
Children in Residential Care Facilities. Requires the Department of Elementary and Secondary Education to conduct a study regarding the educational rights of children in residential care facilities. (Signed 6/21/07)