HB 679 -- Foster Care

Co-Sponsors:  Hanaway, Parker, Portwood, Stevenson, Dixon,
Schneider

This bill makes numerous revisions to laws relating to foster
care and protective services for children.

LIABILITY OF EMPLOYEES AND SUPERVISORS

The bill subjects employees of the Division of Family Services
who intentionally or with gross negligence violate division
policy, division rules, or state laws dealing with the activities
of the division, or supervisors who know or should know of the
violation, to personal civil and criminal liability for injury or
damage that arises as a result of a violation.  If serious
physical injury or death occurs as a result of a violation, the
employee or supervisor is guilty of a class D felony.

CHILD ABUSE AND NEGLECT RECORDS

The bill requires records and reports of law enforcement agencies
concerning child abuse and neglect to be kept separate from other
records.  It allows disclosure of these records to specified
individuals and organizations, including members of the General
Assembly under certain circumstances.

Currently, records of the division concerning reports of child
abuse and neglect are available to specified individuals and
organizations under certain circumstances.  The bill adds a
requirement that records of the division concerning reports of
child abuse and neglect be made available to specified committees
of the House of Representatives and the Senate to carry out the
member's or committee's official functions.  The records may also
be available to any member of the General Assembly if a child is
placed in foster care and is the victim of a fatality or near
fatality, a substantiated allegation of sexual or physical abuse,
kidnaping, or is missing for 72 hours or more.  The member of the
General Assembly requesting records must file a written request
with the director of the division and the Attorney General, and
the records must be made available to the member within 72 hours
of the filing of the request.

Information from reports and records concerning child abuse and
neglect maintained by the division become public records when a
child suffers life-threatening injury or death as a result of
child abuse or neglect.

Currently, the division must retain identifying information from
reports of child abuse and neglect made by a mandated reporter
for a period of 10 years when there is insufficient evidence of
abuse or neglect.  The bill reduces the length of time that the
record must be kept to five years, and specifies that if no
evidence of abuse or neglect is found, the division may not
retain any identifying information.  For reports of child abuse
and neglect made by other reporters, the division will not retain
identifying information if no evidence of abuse or neglect is
found.

Currently, records of juvenile court proceedings may be disclosed
to parents or persons with a legitimate interest in the child
with a court order.  The bill makes these records available to
the parents of the child and others with a legitimate interest in
the child without a court order.

COURT PROCEEDINGS

The bill requires guardians ad litem to be informed of and have
the right to attend all meetings involving the child when they
are appointed by the court.  The judge making the appointment of
guardian ad litem or a volunteer advocate also has the authority
to examine the background of the guardian ad litem or volunteer
advocate to ensure the safety of the children the guardian ad
litem or volunteer advocate is appointed to represent.  The bill
also requires the guardian ad litem to advocate for timely
hearings whenever possible.

When the court finds that placement of a child with relatives is
not in the best interests of the child, the bill requires the
court to make specific findings on the record as to why the best
interests of the child mandate the child's placement with persons
other than relatives.

Currently, the parents of a child under the age of 17 who is
alleged to be in need of care and treatment and who is taken into
custody must be notified of the right to a custody hearing, and
any party may request that a protective custody hearing be held
within three days of the request, but a protective custody
hearing is not mandatory.  The bill requires an initial hearing
to be held concerning the status of the child within three days
of the child being taken into custody.  Upon notification of the
parties, the court must hold a protective custody hearing within
14 days of the child being taken into custody, and an additional
hearing must be held within 60 days of the child being taken into
custody to determine whether there is sufficient cause for the
child to remain in the state's custody.  If the court determines
that sufficient cause exists, the court must continue to review
reunification efforts every 90 to 120 days.

Currently, the general public is excluded from juvenile court
proceedings, except in some cases in which a child is accused of
an offense that would be considered a felony if committed by an
adult.  The bill allows the general public to have access to all
juvenile court proceedings, except when a child or victim is
testifying, and except upon the exercise of discretion by the
judge, who can exclude the general public for good cause.  The
bill also prohibits the court from granting more than one
continuance in a juvenile proceeding, unless there are compelling
extenuating circumstances and the court makes written findings on
the record detailing the reasons for granting another
continuance.

CHILDREN'S SERVICES

The bill requires the Department of Social Services to contract
for the provision of services to children with private children's
service providers and community agencies whenever possible.

The bill requires the Division of Family Services to implement a
two-year pilot project on or before January 1, 2004.  This pilot
project will be located in Greene County, the City of St. Louis,
and one rural county to be determined by the division.  In the
pilot project locations, all direct services for children and
families that are currently provided by the division will be
provided by public and private children's service agencies and
providers that have contracted with the division through a
competitive bid process.  The bill specifies the criteria for the
pilot project and the terms of children's services contracts
entered into by the division for purposes of the pilot project.
The division must submit a report to the General Assembly
beginning January 15, 2005, and continuing each year that the
pilot project is in operation.  The report must include specified
details about the pilot project, recommendations concerning the
continuation or expansion of the project, and information
relating to the provision of direct services for children and
their families.

The bill establishes the Child Protective Services Citizen Review
Panel within the Department of Social Services to provide
independent review of policies and procedures of child protective
services agencies and specific cases where appropriate, as well
as to evaluate whether agencies are discharging their child
protection responsibilities effectively.  The bill specifies the
membership of the board and the terms of service.  The panel must
meet at least once every three months and must be provided access
to information necessary to carry out its duties.  The panel must
also prepare an annual report summarizing its activities.

The bill requires the department to submit an annual report to
the Governor and the General Assembly beginning February 1, 2005.
The report must include specified information about the previous
calendar year concerning reports of abuse and neglect, services
provided to parents, and the agency's response to reports of
abuse and neglect.

MISCELLANEOUS PROVISIONS

The bill prohibits the division from requiring individuals to
sign a confidentiality agreement before testifying or providing
information at a meeting or hearing held in relation to the
removal of a child from the child's home.  Individuals and the
division may enter into confidentiality agreements by mutual
consent.

The bill requires the departments of Social Services, Mental
Health, and Elementary and Secondary Education to hold monthly
meetings to address and review actions taken by agency employees
involving the provision of services to children.

The bill requires the Division of Family Services to seek waivers
from the Department of Health and Senior Services to enhance
federal reimbursement for foster care and adoption assistance.

The bill also requires the division to conduct a diligent search
for the natural parent or parents of a child who is in the
custody of the division and whose parent or parents are unknown.
A "diligent search" is defined as attempts by the division to
locate a natural parent beginning when the division becomes aware
of the existence of the parent and continuing until the parent is
located or identified or the court excuses further search.

The bill contains an emergency clause.

Missouri House of Representatives
Last Updated July 25, 2003 at 10:12 am