HCS#2 HB 568 -- PROTECTION OF CHILDREN

SPONSOR:  Phillips (Stevenson)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children
and Families by a vote of 9 to 2.

This substitute changes the laws regarding the protection of
minors while in the custody of their parents.  The substitute:

(1)  Clarifies the provision prohibiting a child under the care
of the state or the jurisdiction of a juvenile court from being
reunited with a parent or being placed back in the home with a
parent who has been found guilty or plead guilty to specific
crimes of sexual offenses or offenses against the family when a
child was the victim;

(2)  Clarifies the provision allowing the Children's Division
with the Department of Social Services to exercise discretion in
awarding custody or visitation or the placing of a child back in
the home of a parent, or any person residing in the home, who has
been found guilty or plead guilty to any other offense;

(3)  Removes when a parent has had a full order of protection
entered against them from the list of conditions preventing a
child from being returned to a parent;

(4)  Clarifies the provision prohibiting a court from awarding
custody or unsupervised visitation to a parent when that parent
has been found guilty or plead guilty to specific crimes of
sexual offenses or offenses against the family when a child was
the victim;

(5)  Clarifies the provision prohibiting a court from granting
visitation rights to the noncustodial parent if that parent or
any person residing with the parent has been found guilty or
plead guilty to specific crimes of sexual offenses or offenses
against the family when a child was the victim; and

(6)  Clarifies the provision prohibiting a court from modifying
an order granting or denying visitation rights if a parent or any
person residing with the parent has been found guilty or plead
guilty to specific crimes of sexual offenses or offenses against
the family when a child was the victim.

FISCAL NOTE:  No impact on state funds in FY 2006, FY 2007, and
FY 2008.

PROPONENTS:  Supporters say that the bill clarifies a provision
in House Bill 1453 from last year.  Judges will be prevented from
using discretion when reuniting children to a parent or placed
back in a home when a child was the victim.

Testifying for the bill were Representative Stevenson; and
Missouri Coalition Against Domestic Violence.

OPPONENTS:  There was no opposition voiced to the committee.

OTHERS:  Others testifying on the bill say the bill is necessary
to clarify the drafting errors in House Bill 1453 from last year.

Others testifying on the bill were Judicial Conference of
Missouri; Citizens for Missouri Children; and Children's Mercy
Hospital.

Dominic Lackey, Legislative Analyst

Missouri House of Representatives
93rd General Assembly, 1st Regular Session
Last Updated August 25, 2005 at 1:19 pm