SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1767

93RD GENERAL ASSEMBLY

     Reported from the Committee on Aging, Families, Mental and Public Health, May 2, 2006, with recommendation that the Senate Committee Substitute do pass.

TERRY L. SPIELER, Secretary.

4977S.04C

AN ACT

To repeal sections 192.925, 197.500, 198.006, 198.070, 198.090, 198.532, 208.909, 208.912, 208.915, 210.145, 210.183, 210.482, 210.565, 210.570, 210.580, 210.595, 210.600, 210.610, 210.762, 210.906, 211.319, 211.444, 453.010, 453.011, 559.100, 565.180, 565.182, 565.184, 565.188, 565.200, 570.145, 660.050, 660.053, 660.054, 660.055, 660.057, 660.058, 660.060, 660.062, 660.067, 660.069, 660.070, 660.099, 660.250, 660.255, 660.260, 660.261, 660.263, 660.265, 660.270, 660.275, 660.280, 660.285, 660.290, 660.295, 660.300, 660.305, 660.310, 660.315, 660.317, 660.320, 660.321, 660.400, 660.403, 660.405, 660.407, 660.409, 660.411, 660.414, 660.416, 660.418, 660.420, 660.512, 660.620, 660.625, 660.600, 660.603, 660.605, and 660.608, RSMo, and to enact in lieu thereof seventy-three new sections relating to protections for senior citizens, disabled persons, and children, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

            Section A.  Sections 192.925, 197.500, 198.006, 198.070, 198.090, 198.532, 208.909, 208.912, 208.915, 210.145, 210.183, 210.482, 210.565, 210.570, 210.580, 210.595, 210.600, 210.610, 210.762, 210.906, 211.319, 211.444, 453.010, 453.011, 559.100, 565.180, 565.182, 565.184, 565.188, 565.200, 570.145, 660.050, 660.053, 660.054, 660.055, 660.057, 660.058, 660.060, 660.062, 660.067, 660.069, 660.070, 660.099, 660.250, 660.255, 660.260, 660.261, 660.263, 660.265, 660.270, 660.275, 660.280, 660.285, 660.290, 660.295, 660.300, 660.305, 660.310, 660.315, 660.317, 660.320, 660.321, 660.400, 660.403, 660.405, 660.407, 660.409, 660.411, 660.414, 660.416, 660.418, 660.420, 660.512, 660.620, 660.625, 660.600, 660.603, 660.605, and 660.608, RSMo, are repealed and seventy-three new sections enacted in lieu thereof, to be known as sections 192.925, 192.2000, 192.2001, 192.2003, 192.2006, 192.2009, 192.2012, 192.2015, 192.2025, 192.2030, 192.2033, 192.2035, 192.2040, 192.2100, 192.2103, 192.2106, 192.2109, 192.2112, 192.2115, 192.2118, 192.2121, 192.2124, 192.2127, 192.2130, 192.2150, 192.2153, 192.2175, 192.2178, 192.2181, 192.2184, 192.2187, 192.2200, 192.2203, 192.2206, 192.2209, 192.2212, 192.2215, 192.2218, 192.2221, 192.2224, 192.2227, 192.2250, 192.2253, 197.101, 198.006, 198.090, 198.532, 198.700, 198.703, 198.705, 198.708, 208.909, 208.912, 210.145, 210.183, 210.482, 210.565, 210.570, 210.580, 210.762, 210.906, 211.319, 211.444, 453.010, 453.011, 559.100, 565.180, 565.182, 565.184, 565.188, 565.200, 565.320, and 570.145, to read as follows:

            192.925.  1.  To increase public awareness of the problem of elder abuse and neglect and financial exploitation of the elderly, the department of health and senior services shall implement an education and awareness program.  Such program shall have the goal of reducing the incidences of elder abuse and neglect and financial exploitation of the elderly, and may focus on:

            (1)  The education and awareness of mandatory reporters on their responsibility to report elder abuse and neglect and financial exploitation of the elderly;

            (2)  Targeted education and awareness for the public on the problem, identification and reporting of elder abuse and neglect and financial exploitation of the elderly;

            (3)  Publicizing the elder abuse and neglect hot line telephone number;

            (4)  Education and awareness for law enforcement agencies and prosecutors on the problem and identification of elder abuse and neglect and financial exploitation of the elderly, and the importance of prosecuting cases pursuant to chapter 565, RSMo; and

            (5)  Publicizing the availability of background checks prior to hiring an individual for caregiving purposes.  

            2.  The department of social services and facilities licensed pursuant to chapters 197 and 198, RSMo, shall cooperate fully with the department of health and senior services in the distribution of information pursuant to this program.

            [660.050.]  192.2000.  1.  The "Division of Aging" is hereby transferred from the department of social services to the department of health and senior services by a type I transfer as defined in the Omnibus State Reorganization Act of 1974.  All references in the revised statutes of Missouri to the division of aging shall include any division or divisions established by the department as a successor division or divisions to the division of aging.  The division shall aid and assist the elderly and low-income handicapped adults living in the state of Missouri to secure and maintain maximum economic and personal independence and dignity.  The division shall regulate adult long-term care facilities pursuant to the laws of this state and rules and regulations of federal and state agencies, to safeguard the lives and rights of residents in these facilities.  

            2.  In addition to its duties and responsibilities enumerated pursuant to other provisions of law, the division shall:

            (1)  Serve as advocate for the elderly by promoting a comprehensive, coordinated service program through administration of Older Americans Act (OAA) programs (Title III) P.L. 89-73, (42 U.S.C. 3001, et seq.), as amended;

            (2)  Assure that an information and referral system is developed and operated for the elderly, including information on the Missouri care options program;

            (3)  Provide technical assistance, planning and training to local area agencies on aging;

            (4)  Contract with the federal government to conduct surveys of long-term care facilities certified for participation in the Title XVIII program;

            (5)  Serve as liaison between the department of health and senior services and the Federal Health Standards and Quality Bureau, as well as the Medicare and Medicaid portions of the United States Department of Health and Human Services;

            (6)  Conduct medical review (inspections of care) activities such as utilization reviews, independent professional reviews, and periodic medical reviews to determine medical and social needs for the purpose of eligibility for Title XIX, and for level of care determination;

            (7)  Certify long-term care facilities for participation in the Title XIX program;

            (8)  Conduct a survey and review of compliance with P.L. 96-566 Sec. 505(d) for Supplemental Security Income recipients in long-term care facilities and serve as the liaison between the Social Security Administration and the department of health and senior services concerning Supplemental Security Income beneficiaries;

            (9)  Review plans of proposed long-term care facilities before they are constructed to determine if they meet applicable state and federal construction standards;

            (10)  Provide consultation to long-term care facilities in all areas governed by state and federal regulations;

            (11)  Serve as the central state agency with primary responsibility for the planning, coordination, development, and evaluation of policy, programs, and services for elderly persons in Missouri consistent with the provisions of subsection 1 of this section and serve as the designated state unit on aging, as defined in the Older Americans Act of 1965;

            (12)  With the advice of the governor's advisory council on aging, develop long-range state plans for programs, services, and activities for elderly and handicapped persons.  State plans should be revised annually and should be based on area agency on aging plans, statewide priorities, and state and federal requirements;

            (13)  Receive and disburse all federal and state funds allocated to the division and solicit, accept, and administer grants, including federal grants, or gifts made to the division or to the state for the benefit of elderly persons in this state;

            (14)  Serve, within government and in the state at large, as an advocate for elderly persons by holding hearings and conducting studies or investigations concerning matters affecting the health, safety, and welfare of elderly persons and by assisting elderly persons to assure their rights to apply for and receive services and to be given fair hearings when such services are denied;

            (15)  Provide information and technical assistance to the governor's advisory council on aging and keep the council continually informed of the activities of the division;

            (16)  After consultation with the governor's advisory council on aging, make recommendations for legislative action to the governor and to the general assembly;

            (17)  Conduct research and other appropriate activities to determine the needs of elderly persons in this state, including, but not limited to, their needs for social and health services, and to determine what existing services and facilities, private and public, are available to elderly persons to meet those needs;

            (18)  Maintain and serve as a clearinghouse for up-to-date information and technical assistance related to the needs and interests of elderly persons and persons with Alzheimer's disease or related dementias, including information on the Missouri care options program, dementia-specific training materials and dementia-specific trainers.  Such dementia-specific information and technical assistance shall be maintained and provided in consultation with agencies, organizations and/or institutions of higher learning with expertise in dementia care;

            (19)  Provide area agencies on aging with assistance in applying for federal, state, and private grants and identifying new funding sources;

            (20)  Determine area agencies on aging annual allocations for Title XX and Title III of the Older Americans Act expenditures;

            (21)  Provide transportation services, home-delivered and congregate meals, in-home services, counseling and other services to the elderly and low-income handicapped adults as designated in the Social Services Block Grant Report, through contract with other agencies, and shall monitor such agencies to ensure that services contracted for are delivered and meet standards of quality set by the division;

            (22)  Monitor the process pursuant to the federal Patient Self-determination Act, 42 U.S.C. 1396a (w), in long-term care facilities by which information is provided to patients concerning durable powers of attorney and living wills.

            3.  The division director, subject to the supervision of the director of the department of health and senior services, shall be the chief administrative officer of the division and shall exercise for the division the powers and duties of an appointing authority pursuant to chapter 36, RSMo, to employ such administrative, technical and other personnel as may be necessary for the performance of the duties and responsibilities of the division.  

            4.  The division may withdraw designation of an area agency on aging only when it can be shown the federal or state laws or rules have not been complied with, state or federal funds are not being expended for the purposes for which they were intended, or the elderly are not receiving appropriate services within available resources, and after consultation with the director of the area agency on aging and the area agency board.  Withdrawal of any particular program of services may be appealed to the director of the department of health and senior services and the governor.  In the event that the division withdraws the area agency on aging designation in accordance with the Older Americans Act, the division shall administer the services to clients previously performed by the area agency on aging until a new area agency on aging is designated.

            5.  Any person hired by the department of health and senior services after August 13, 1988, to conduct or supervise inspections, surveys or investigations pursuant to chapter 198, RSMo, shall complete at least one hundred hours of basic orientation regarding the inspection process and applicable rules and statutes during the first six months of employment.  Any such person shall annually, on the anniversary date of employment, present to the department evidence of having completed at least twenty hours of continuing education in at least two of the following categories: communication techniques, skills development, resident care, or policy update.  The department of health and senior services shall by rule describe the curriculum and structure of such continuing education.  

            6.  The division may issue and promulgate rules to enforce, implement and effectuate the powers and duties established in this section [and sections 198.070 and 198.090, RSMo, and sections 660.250 and 660.300 to 660.320], section 192.2100 and sections 192.2175 to 192.2187, and section 198.090, RSMo.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2001, shall be invalid and void.  

            7.  Missouri care options is a program, operated and coordinated by the [division of aging] department, which informs individuals of the variety of care options available to them when they may need long-term care.  

            8.  The division shall, by January 1, 2002, establish minimum dementia-specific training requirements for employees involved in the delivery of care to persons with Alzheimer's disease or related dementias who are employed by skilled nursing facilities, intermediate care facilities, residential care facilities, agencies providing in-home care services authorized by the [division of aging] department, adult day-care programs, independent contractors providing direct care to persons with Alzheimer's disease or related dementias and the [division of aging] department.  Such training shall be incorporated into new employee orientation and ongoing in-service curricula for all employees involved in the care of persons with dementia.  The department of health and senior services shall, by January 1, 2002, establish minimum dementia-specific training requirements for employees involved in the delivery of care to persons with Alzheimer's disease or related dementias who are employed by home health and hospice agencies licensed by chapter 197, RSMo.  Such training shall be incorporated into the home health and hospice agency's new employee orientation and ongoing in-service curricula for all employees involved in the care of persons with dementia.  The dementia training need not require additional hours of orientation or ongoing in-service.  Training shall include at a minimum, the following:

            (1)  For employees providing direct care to persons with Alzheimer's disease or related dementias, the training shall include an overview of Alzheimer's disease and related dementias, communicating with persons with dementia, behavior management, promoting independence in activities of daily living, and understanding and dealing with family issues;

            (2)  For other employees who do not provide direct care for, but may have daily contact with, persons with Alzheimer's disease or related dementias, the training shall include an overview of dementias and communicating with persons with dementia.  

As used in this subsection, the term "employee" includes persons hired as independent contractors.  The training requirements of this subsection shall not be construed as superceding any other laws or rules regarding dementia-specific training.  

            [660.060.]  192.2001.  All authority, powers, duties, functions, records, personnel, property, contracts, budgets, matters pending and other pertinent vestiges of the division of aging shall be transferred to the department of health and senior services.  

            [660.053.]  192.2003.  As used in [section 199.025, RSMo, and sections 660.050 to 660.057 and 660.400 to 660.420] sections 192.2000 to 192.2012 and sections 192.2200 to 192.2227, the following terms mean:

            (1)  "Area agency on aging", the agency designated by the division in a planning and service area to develop and administer a plan and administer available funds for a comprehensive and coordinated system of services for the elderly and persons with disabilities who require similar services;

            (2)  "Area agency board", the local policy-making board which directs the actions of the area agency on aging under state and federal laws and regulations;

            (3)  "Director", the director of the division of aging of the Missouri department of [social] health and senior services;

            (4)  "Division", the division of aging of the Missouri department of [social] health and senior services;

            (5)  "Elderly" or "elderly persons", persons who are sixty years of age or older;

            (6)  "Disability", a mental or physical impairment that substantially limits one or more major life activities, whether the impairment is congenital or acquired by accident, injury or disease, where such impairment is verified by medical findings;

            (7)  "Local government", a political subdivision of the state whose authority is general or a combination of units of general purpose local governments;

            (8)  "Major life activities", functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working;

            (9)  "Medicaid", medical assistance provided under section 208.151, RSMo, et seq., in compliance with Title XIX, Public Law 89-97, 1965 amendments to the Social Security Act (42 U.S.C. 301 et seq.), as amended;

            (10)  "Protective services", a service provided by the [Missouri division of aging] department in response to the need for protection from harm or neglect to eligible adults under sections [660.250 to 660.295] 192.2100 to 192.2130;

            (11)  "Registered caregiver", a person who provides primary long-term care for an elderly person and wishes to receive information, services or support from the shared care program;

            (12)  "Shared care", a program administered by the [division of aging] department in which Missouri families who provide primary long-term care for an elderly person and register as a shared care member with the [division of aging] department shall receive access to certain supportive services and may receive a state tax credit;

            (13)  "Shared care community project", a project in a community that offers to help support shared care participation through development of programs;

            (14)  "Shared care member", a registered caregiver or shared care provider who registers with the [division of aging] department in order to participate in the shared care program;

            (15)  "Shared care provider", any state authorized long-term care provider in the state, including, but not limited to, in-home, home health, hospice, adult day care, residential care facility I or II, or nursing home, who voluntarily registers with the [division of aging] department to be available as a resource for the shared care program;

            (16)  "Shared care tax credit", a tax credit to registered caregivers who meet the requirements of section [660.055] 192.2009.  

            [660.054.]  192.2006.  1.  The [division of aging of the] department of [social] health and senior services shall establish a program to help families who provide the primary long-term care for an elderly person.  This program shall be known as "shared care" and has the following goals:

            (1)  To provide services and support for families caring for an elderly person;

            (2)  To increase awareness of the variety of privately funded services which may be available to those persons caring for an elderly person;

            (3)  To increase awareness of the variety of government services which may be available to those caring for an elderly person;

            (4)  Recognition on an annual basis by the governor for those families participating in the shared care program and community project groups participating in the shared care program;

            (5)  To provide a tax credit to members who meet the qualifications pursuant to section [660.055] 192.2009; and

            (6)  To promote community involvement by:

            (a)  Providing local communities information about the shared care program and to encourage the establishment of support groups where none are available and to support existing support groups, and other programs for shared care members and providers to share ideas, information and resources on caring for an elderly person; and

            (b)  Encouraging local home care, adult day care or other long-term care providers, who have regularly scheduled training sessions for paid caregivers, to voluntarily invite shared care members to participate in education and training sessions at no cost to the registered caregivers.  Such providers shall not be held liable in any civil or criminal action related to or arising out of the participation or training of shared care members in such sessions.  

            2.  To further the goals of the shared care program, the director shall:

            (1)  Promulgate specific rules and procedures for the shared care program.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections [660.050 to 660.057] 192.2000 to 192.2012 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.  Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void;

            (2)  Maintain a registry of names and addresses of shared care members and shared care providers;

            (3)  Compile a list, updated annually, of public and private resources, services and programs which may be available to assist and support the registered caregiver with caring for the elderly.  Such list shall be given to shared care members along with information on shared care providers in their community.  Private organizations and providers shall be responsible for providing information to the [division of aging] department for inclusion on the list.  The [division of aging] department shall establish reporting procedures for private organizations and publicly disseminate the [division's] department's guidelines statewide;

            (4)  Compile and distribute to shared care members information about the services and benefits of the shared care program and a bibliography of resources and materials with information helpful to such members.  The bibliography will give members an overview of available information and is not required to be comprehensive;

            (5)  Encourage shared care providers, consumer groups, churches and other philanthropic organizations to help local communities develop local support systems where none are available and to support existing support groups for persons caring for elderly persons and make [division] department staff available, if possible;

            (6)  In conjunction with the director of revenue, develop a physician certification for shared care tax credit form to be given to registered caregivers upon request.  The form shall require, but is not limited to:

            (a)  Identifying information about the registered caregiver for tax purposes, and the signature of the registered caregiver certifying that he or she qualifies for the shared care tax credit as provided in section [660.055] 192.2009;

            (b)  Identifying information about the elderly person receiving care for verification purposes;

            (c)  Identifying information about and the signature of the physician licensed pursuant to the provisions of chapter 334, RSMo, for verification and certification purposes;

            (d)  A description by such physician of the physical or mental condition of the elderly person that makes them incapable of living alone and lists the care, assistance with daily living and oversight needed at home in order to prevent placement in a facility licensed pursuant to chapter 198, RSMo; and

            (e)  A complete explanation of the shared care tax credit and its guidelines and directions on completion of the form and how to file for the shared care tax credit with the department of revenue; and

            (7)  In conjunction with the director of revenue, develop a [division of aging] department certification for shared care tax credit form to be given at the request of the registered caregivers when a [division of aging] department assessment has been completed for other purposes.  The form shall require, but is not limited to:

            (a)  Identifying information about the registered caregiver for tax purposes, and the signature of the registered caregiver certifying that he or she qualifies for the shared care tax credit as provided in section [660.055] 192.2009;

            (b)  Identifying information about the elderly person receiving care for verification purposes;

            (c)  Identifying information about and the signature of the [division of aging] department staff for verification and certification purposes;

            (d)  A description by the [division of aging] department staff of the physical or mental condition of the elderly person that makes them incapable of living alone and lists the care, assistance with daily living and oversight needed at home in order to prevent placement in a facility licensed pursuant to chapter 198, RSMo; and

            (e)  A complete explanation of the shared care tax credit and its guidelines and directions for completing the form and how to file for the shared care tax credit with the department of revenue.  

            3.  Funds appropriated for the shared care program shall be appropriated to and administered by the department of [social] health and senior services.

            [660.055.]  192.2009.  1.  Any registered caregiver who meets the requirements of this section shall be eligible for a shared care tax credit in an amount not to exceed five hundred dollars to defray the cost of caring for an elderly person.  In order to be eligible for a shared care tax credit, a registered caregiver shall:

            (1)  Care for an elderly person, age sixty or older, who:

            (a)  Is physically or mentally incapable of living alone, as determined and certified by his or her physician licensed pursuant to chapter 334, RSMo, or by the [division of aging] department staff when an assessment has been completed for the purpose of qualification for other services; and

            (b)  Requires assistance with activities of daily living to the extent that without care and oversight at home would require placement in a facility licensed pursuant to chapter 198, RSMo; and

            (c)  Under no circumstances, is able or allowed to operate a motor vehicle; and

            (d)  Does not receive funding or services through Medicaid or social services block grant funding;

            (2)  Live in the same residence to give protective oversight for the elderly person meeting the requirements described in subdivision (1) of this subsection for an aggregate of more than six months per tax year;

            (3)  Not receive monetary compensation for providing care for the elderly person meeting the requirements described in subdivision (1) of this subsection; and

            (4)  File the original completed and signed physician certification for shared care tax credit form or the original completed and signed [division of aging] department certification for shared care tax credit form provided for in subsection 2 of section [660.054] 192.2006 along with such caregiver's Missouri individual income tax return to the department of revenue.  

            2.  The tax credit allowed by this section shall apply to any year beginning after December 31, 1999.  

            3.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections [660.050 to 660.057] 192.2000 to 192.2012 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.  Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.  

            4.  Any person who knowingly falsifies any document required for the shared care tax credit shall be subject to the same penalties for falsifying other tax documents as provided in chapter 143, RSMo.  

            [660.057.]  192.2012.  1.  On and after August 13, 1984, an area agency on aging shall operate with local administrative responsibility for Title III of the Older Americans Act, and other funds allocated to it by the [division] department.  The area agency board shall be responsible for all actions of an area agency on aging in its jurisdiction, including, but not limited to, the accountability for funds and compliance with federal and state laws and rules.  Such responsibility shall include all geographic areas in which the area agency on aging is designated to operate.  The respective area agency board shall appoint a director of the area agency on aging in its jurisdiction.  [Beginning January 1, 1995,]  The director of the area agency on aging shall submit an annual performance report to the [division] department director, the speaker of the house of representatives, the president pro tempore of the senate and the governor.  Such performance report shall give a detailed accounting of all funds which were available to and expended by the area agency on aging from state, federal and private sources.  

            2.  Each area agency on aging shall have an area agency on aging advisory council, which shall:

            (1)  Recommend basic policy guidelines for the administration of the activities of the area agencies on aging on behalf of elderly persons and advise the area agency on aging on questions of policy;

            (2)  Advise the area agency on aging with respect to the development of the area plan and budget, and review and comment on the completed area plan and budget before its transmittal to the [division] department;

            (3)  Review and evaluate the effectiveness of the area agency on aging in meeting the needs of elderly persons in the planning and service area;

            (4)  Meet at least quarterly, with all meetings being subject to sections 610.010 to 610.030, RSMo.  

            3.  Each area agency board shall:

            (1)  Conduct local planning functions for Title III and Title XX, and such other funds as may be available;

            (2)  Develop a local plan for service delivery, subject to review and approval by the [division] department, that complies with federal and state requirements and in accord with locally determined objectives consistent with the state policy on aging;

            (3)  Assess the needs of elderly persons within the planning and service delivery area for service for social and health services, and determine what resources are currently available to meet those needs;

            (4)  Assume the responsibility of determining services required to meet the needs of elderly persons, assure that such services are provided within the resources available, and determine when such services are no longer needed;

            (5)  Endeavor to coordinate and expand existing resources in order to develop within its planning and service area a comprehensive and coordinated system for the delivery of social and health services to elderly persons;

            (6)  Serve as an advocate within government and within the community at large for the interests of elderly persons within its planning and service area;

            (7)  Make grants to or enter into contracts with any public or private agency for the provision of social or health services not otherwise sufficiently available to elderly persons within the planning and service area;

            (8)  Monitor and evaluate the activities of its service providers to ensure that the services being provided comply with the terms of the grant or contract.  Where a provider is found to be in breach of the terms of its grant or contract, the area agency shall enforce the terms of the grant or contract;

            (9)  Conduct research, evaluation, demonstration or training activities appropriate to the achievement of the goal of improving the quality of life for elderly persons within its planning and service area;

            (10)  Comply with [division] department requirements that have been developed in consultation with the area agencies for client and fiscal information, and provide to the [division] department information necessary for federal and state reporting, program evaluation, program management, fiscal control and research needs.  

            4.  [Beginning January 1, 1995,]  The records of each area agency on aging shall be audited at least every other year.  All audits required by the Older Americans Act of 1965, as amended, shall satisfy this requirement.  

            [660.058.]  192.2015.  1.  The [division of aging] department shall provide budget allotment tables to each area agency on aging by January first of each year.  Each area agency on aging shall submit its area plan, area budget and service contracts to the [division of aging] department by March first of each year.  Each April, the area agencies on aging shall present their plans to the [division of aging] department in a public hearing scheduled by the [division] department and held in the area served by the area agency on aging.  Within thirty days of such hearing, the [division] department shall report findings and recommendations to the board of directors for the area agency on aging, the area agency on aging advisory council, the members of the senate budget committee and the members of the house appropriations committee for social services and corrections.  

            2.  Each area agency on aging shall include in its area plan performance measures and outcomes to be achieved for each year covered by the plan.  Such measures and outcomes shall also be presented to the [division] department during the public hearing.

            3.  The [division of aging] department shall conduct on-site monitoring of each area agency on aging at least once a year.  The [division of aging] department shall send all monitoring reports to the area agency on aging advisory council and the board of directors for the area agency which is the subject of the reports.  

            [660.062.]  192.2025.  1.  There is hereby created a "State Board of Senior Services" which shall consist of seven members, who shall be appointed by the governor, by and with the advice and consent of the senate.  No member of the state board of senior services shall hold any other office or employment under the state of Missouri other than in a consulting status relevant to the member's professional status, licensure or designation.  Not more than four of the members of the state board of senior services shall be from the same political party.  

            2.  Each member shall be appointed for a term of four years; except that of the members first appointed, two shall be appointed for a term of one year, two for a term of two years, two for a term of three years and one for a term of four years.  The successors of each shall be appointed for full terms of four years.  No person may serve on the state board of senior services for more than two terms.  The terms of all members shall continue until their successors have been duly appointed and qualified.  One of the persons appointed to the state board of senior services shall be a person currently working in the field of gerontology.  One of the persons appointed to the state board of senior services shall be a physician with expertise in geriatrics.  One of the persons appointed to the state board of senior services shall be a person with expertise in nutrition.  One of the persons appointed to the state board of senior services shall be a person with expertise in rehabilitation services of persons with disabilities.  One of the persons appointed to the state board of senior services shall be a person with expertise in mental health issues.  In making the two remaining appointments, the governor shall give consideration to individuals having a special interest in gerontology or disability-related issues, including senior citizens.  Four of the seven members appointed to the state board of senior services shall be members of the governor's advisory council on aging.  If a vacancy occurs in the appointed membership, the governor may appoint a member for the remaining portion of the unexpired term created by the vacancy.  The members shall receive actual and necessary expenses plus twenty-five dollars per day for each day of actual attendance.  

            3.  The board shall elect from among its membership a chairman and a vice chairman, who shall act as chairman in his or her absence.  The board shall meet at the call of the chairman.  The chairman may call meetings at such times as he or she deems advisable, and shall call a meeting when requested to do so by three or more members of the board.  

            4.  The state board of senior services shall advise the department of health and senior services in the:

            (1)  Promulgation of rules and regulations by the department of health and senior services;

            (2)  Formulation of the budget for the department of health and senior services; and

            (3)  Planning for and operation of the department of health and senior services.  

            [660.067.]  192.2030.  As used in sections [660.067 to 660.070] 192.2030 to 192.2035, the following terms shall mean:

            (1)  "Adult day care", a group program that emphasizes appropriate services for persons eighteen years of age or older having Alzheimer's disease and related disorders and that provides services for periods of less than twenty-four hours but more than two hours per day in a place other than the adult's home;

            (2)  "Alzheimer's disease and related disorders", diseases resulting from significant destruction of brain tissue and characterized by a decline of memory and other intellectual functions.  These diseases include but are not limited to progressive, degenerative and dementing illnesses such as presenile and senile dementias, Alzheimer's disease and other related disorders;

            (3)  "Appropriate services", services that emphasize surveillance, safety, behavior management and other techniques used to assist persons having Alzheimer's disease and related disorders;

            (4)  "Director", the director of the division of aging of the department of [social] health and senior services;

            (5)  "Division", the division of aging of the department of [social] health and senior services;

            (6)  "In-home companion", someone trained to provide appropriate services to persons having Alzheimer's disease and related disorders and who provides those services in the home;

            (7)  "Respite care", a program that provides temporary and short-term residential care, sustenance, supervision and other appropriate services for persons having Alzheimer's disease and related disorders who otherwise reside in their own or in a family home.  

            [660.069.]  192.2033.  1.  To encourage development of appropriate services for persons having Alzheimer's disease and related disorders, the [division] department may make grants to public and private entities for pilot projects from funds specifically appropriated for this purpose.  Pilot projects shall have the following goals:

            (1)  To prevent or postpone institutionalization of persons having Alzheimer's disease and related disorders who currently live in their own home or in a family home;

            (2)  To offer services that emphasize safety, surveillance and behavior management rather than, or in addition to, medical treatment, homemaker, chore or personal care services;

            (3)  To temporarily relieve family members or others who have assumed direct care responsibilities by offering services that allow care givers to leave the home.  These services shall include but not be limited to adult day care, in-home companions and respite care;

            (4)  To test the practical and economic feasibility of providing services in settings and at levels designed for varying needs; and

            (5)  To develop program models that can be adapted and operated by other public and private entities.  

            2.  The director, in accordance with chapter 536, RSMo, shall promulgate rules that establish procedures for grant application, review, selection, monitoring and auditing of grants made [pursuant to sections 660.067 to 660.070] under this section and section 192.2035.  

            3.  The grants shall be limited to a duration of one year but may be renewable for one additional year at the director's discretion and if funds are appropriated for this purpose.  

            [660.070.]  192.2035.  The commissioner of administration, in consultation with the director of the [division of aging] department, shall promulgate rules that establish procedures for contracting with grantees receiving funds under [sections 660.067 to 660.070] this section and section 192.2033.  No rule or portion of a rule promulgated under the authority of sections 660.067 to 660.070 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.  

            [660.099.]  192.2040.  1.  The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly.  Funds so designated to provide nutrition services for the elderly shall be allocated to the [Missouri division of aging] department to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.  

            2.  The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program.  Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the [Missouri division of aging] department to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.

            3.  The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly.  Such additional funds shall be allocated to the [Missouri division of aging] department to be placed on the formula basis and distributed to each area agency on aging throughout the state of Missouri.  

            [660.250.]  192.2100.  As used in sections [660.250 to 660.321] 192.2100 to 192.2130 and sections 192.2175 to 192.2187, the following terms mean:

            (1)  "Abuse", the infliction of physical, sexual, or emotional injury or harm including financial exploitation by any person, firm or corporation;

            (2)  "Court", the circuit court;

            (3)  "Department", the department of health and senior services;

            (4)  "Director", director of the department of health and senior services or his or her designees;

            (5)  "Eligible adult", a person sixty years of age or older who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs or an adult with a disability, as defined in section [660.053] 192.2003, between the ages of eighteen and fifty-nine who is unable to protect his or her own interests or adequately perform or obtain services which are necessary to meet his or her essential human needs;

            (6)  "Home health agency", the same meaning as such term is defined in section 197.400, RSMo;

            (7)  "Home health agency employee", a person employed by a home health agency;

            (8)  "Home health patient", an eligible adult who is receiving services through any home health agency;

            (9)  "In-home services client", an eligible adult who is receiving services in his or her private residence through any in-home services provider agency;

            (10)  "In-home services employee", a person employed by an in-home services provider agency;

            (11)  "In-home services provider agency", a business entity under contract with the department or with a Medicaid participation agreement, which employs persons to deliver any kind of services provided for eligible adults in their private homes;

            (12)  "Least restrictive environment", a physical setting where protective services for the eligible adult and accommodation is provided in a manner no more restrictive of an individual's personal liberty and no more intrusive than necessary to achieve care and treatment objectives;

            (13)  "Likelihood of serious physical harm", one or more of the following:

            (a)  A substantial risk that physical harm to an eligible adult will occur because of his or her failure or inability to provide for his or her essential human needs as evidenced by acts or behavior which has caused such harm or which gives another person probable cause to believe that the eligible adult will sustain such harm;

            (b)  A substantial risk that physical harm will be inflicted by an eligible adult upon himself or herself, as evidenced by recent credible threats, acts, or behavior which has caused such harm or which places another person in reasonable fear that the eligible adult will sustain such harm;

            (c)  A substantial risk that physical harm will be inflicted by another upon an eligible adult as evidenced by recent acts or behavior which has caused such harm or which gives another person probable cause to believe the eligible adult will sustain such harm;

            (d)  A substantial risk that further physical harm will occur to an eligible adult who has suffered physical injury, neglect, sexual or emotional abuse, or other maltreatment or wasting of his or her financial resources by another person;

            (14)  "Neglect", the failure to provide services to an eligible adult by any person, firm or corporation with a legal or contractual duty to do so, when such failure presents either an imminent danger to the health, safety, or welfare of the client or a substantial probability that death or serious physical harm would result;

            (15)  "Protective services", services provided by the state or other governmental or private organizations or individuals which are necessary for the eligible adult to meet his or her essential human needs.  

            [660.255.]  192.2103.  1.  Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm and is in need of protective services shall report such information to the department.

            2.  The report shall be made orally or in writing.  It shall include, if known:

            (1)  The name, age, and address of the eligible adult;

            (2)  The name and address of any person responsible for the eligible adult's care;

            (3)  The nature and extent of the eligible adult's condition; and

            (4)  Other relevant information.  

            3.  Reports regarding persons determined not to be eligible adults as defined in section 660.250 shall be referred to the appropriate state or local authorities.  

            4.  The department shall maintain a statewide toll free phone number for receipt of reports.  

            [660.260.]  192.2106.  1.  Upon receipt of a report, the department shall make a prompt and thorough investigation to determine whether or not an eligible adult is facing a likelihood of serious physical harm and is in need of protective services.  The department shall provide for any of the following:

            (1)  Identification of the eligible adult and determination that the eligible adult is eligible for services;

            (2)  Evaluation and diagnosis of the needs of eligible adults;

            (3)  Provision of social casework, counseling or referral to the appropriate local or state authority;

            (4)  Assistance in locating and receiving alternative living arrangements as necessary;

            (5)  Assistance in locating and receiving necessary protective services; or

            (6)  The coordination and cooperation with other state agencies and public and private agencies in exchange of information and the avoidance of duplication of services.  

            [660.261.]  2.  Upon receipt of a report that an eligible adult between the ages of eighteen and fifty-nine is facing a likelihood of serious physical harm, the department shall:

            (1)  Investigate or refer the report to appropriate law enforcement or state agencies; and

            (2)  Provide services or refer to local community or state agencies.  

            [660.263.]  192.2109.  1.  Reports made pursuant to sections [660.250 to 660.295] 192.2100 to 192.2130 shall be confidential and shall not be deemed a public record and shall not be subject to the provisions of section 109.180, RSMo, or chapter 610, RSMo.   

            2.  Such reports shall be accessible for examination and copying only to the following persons or offices, or to their designees:

            (1)  The department or any person or agency designated by the department;

            (2)  The attorney general;

            (3)  The department of mental health for persons referred to that department;

            (4)  Any appropriate law enforcement agency; and

            (5)  The eligible adult or his or her legal guardian.  

            3.  The name of the reporter shall not be disclosed unless:

            (1)  Such reporter specifically authorizes disclosure of his or her name; and

            (2)  The department determines that disclosure of the name of the reporter is necessary in order to prevent further harm to an eligible adult.  

            4.  Any person who violates the provisions of this section, or who permits or encourages the unauthorized dissemination of information contained in the central registry and in reports and records made pursuant to sections [660.250 to 660.295] 192.2100 to 192.2130, shall be guilty of a class A misdemeanor.  

            5.  The department shall maintain a central registry capable of receiving and maintaining reports received in a manner that facilitates rapid access and recall of the information reported, and of subsequent investigations and other relevant information.  The department shall electronically record any telephone report of suspected abuse and neglect received by the department and such recorded reports shall be retained by the department for a period of one year after recording.  

            6.  Although reports to the central registry may be made anonymously, the department shall in all cases, after obtaining relevant information regarding the alleged abuse or neglect, attempt to obtain the name and address of any person making a report.  

            [660.265.]  192.2112.  When an eligible adult gives consent to receive protective services, the department shall assist the adult in locating and arranging for necessary services in the least restrictive environment reasonably available.  

            [660.270.]  192.2115.  When the department receives a report that there has been abuse or neglect, or that there otherwise is a likelihood of serious physical harm to an eligible adult and that he or she is in need of protective services and the department is unable to conduct an investigation because access to the eligible adult is barred by any person, the director may petition the appropriate court for a warrant or other order to enter upon the described premises and investigate the report or to produce the information.  The application for the warrant or order shall identify the eligible adult and the facts and circumstances which require the issuance of the warrant or order.  The director may also seek an order to enjoin the person from barring access to an eligible adult or from interfering with the investigation.  If the court finds that, based on the report and relevant circumstances and facts, probable cause exists showing that the eligible adult faces abuse or neglect, or otherwise faces a likelihood of serious physical harm and is in need of protective services and the director has been prevented by another person from investigating the report, the court may issue the warrant or enjoin the interference with the investigation or both.  

            [660.275.]  192.2118.  If an eligible adult gives consent to receive protective services and any other person interferes with or prevents the delivery of such services, the director may petition the appropriate court for an order to enjoin the interference with the delivery of the services.  The petition shall allege the consent of the eligible adult and shall allege specific facts sufficient to show that the eligible adult faces a likelihood of serious physical harm and is in need of the protective services and that delivery is barred by the person named in the petition.  If the court finds upon a preponderance of evidence that the allegations in the petition are true, the court may issue an order enjoining the interference with the delivery of the protective services and may establish such conditions and restrictions on the delivery as the court deems necessary and proper under the circumstances.  

            [660.280.]  192.2121.  When an eligible adult facing the likelihood of serious physical harm and in need of protective services is unable to give consent because of incapacity or legal disability and the guardian of the eligible adult refuses to provide the necessary services or allow the provision of such services, the director shall inform the court having supervisory jurisdiction over the guardian of the facts showing that the eligible adult faces the likelihood of serious physical harm and is in need of protective services and that the guardian refuses to provide the necessary services or allow the provision of such services under the provisions of sections [660.250 to 660.295] 192.2100 to 192.2130.  Upon receipt of such information, the court may take such action as it deems necessary and proper to insure that the eligible adult is able to meet his essential human needs.

            [660.285.]  192.2124.  1.  If the director determines after an investigation that an eligible adult is unable to give consent to receive protective services and presents a likelihood of serious physical harm, the director may initiate proceedings pursuant to chapter 202, RSMo, or chapter 475, RSMo, if appropriate.

            2.  In order to expedite adult guardianship and conservatorship cases, the department may retain, within existing funding sources of the department, legal counsel on a case-by-case basis.

            [660.290.]  192.2127.  1.  When a peace officer has probable cause to believe that an eligible adult will suffer an imminent likelihood of serious physical harm if not immediately placed in a medical facility for care and treatment, that the adult is incapable of giving consent, and that it is not possible to follow the procedures in section [660.285] 192.2124, the officer may transport, or arrange transportation for, the eligible adult to an appropriate medical facility which may admit the eligible adult and shall notify the next of kin, if known, and the director.  

            2.  Where access to the eligible adult is barred and a substantial likelihood exists of serious physical harm resulting to the eligible adult if he is not immediately afforded protective services, the peace officer may apply to the appropriate court for a warrant to enter upon the described premises and remove the eligible adult.  The application for the warrant shall identify the eligible adult and the circumstances and facts which require the issuance of the warrant.  

            3.  If immediately upon admission to a medical facility, a person who is legally authorized to give consent for the provision of medical treatment for the eligible adult, has not given or refused to give such consent, and it is the opinion of the medical staff of the facility that treatment is necessary to prevent serious physical harm, the director or the head of the medical facility shall file a petition in the appropriate court for an order authorizing specific medical treatment.  The court shall hold a hearing and issue its decision forthwith.  Notwithstanding the above, if a licensed physician designated by the facility for such purpose examines the eligible adult and determines that the treatment is immediately or imminently necessary and any delay occasioned by the hearing provided in this subsection would jeopardize the life of the person affected, the medical facility may treat the eligible adult prior to such court hearing.  

            4.  The court shall conduct a hearing pursuant to chapter 475, RSMo, forthwith and, if the court finds the eligible adult incapacitated, it shall appoint a guardian ad litem for the person of the eligible adult to determine the nature and extent of the medical treatment necessary for the benefit of the eligible adult and to supervise the rendition of such treatment.  The guardian ad litem shall promptly report the completion of treatment to the court, who shall thereupon conduct a restoration hearing or a hearing to appoint a permanent guardian.  

            5.  The medical care under this section may not be rendered in a mental health facility unless authorized pursuant to the civil commitment procedures in chapter 632, RSMo.  

            6.  Nothing contained in this section or in any other section of sections [660.250 to 660.295] 192.2100 to 192.2130 shall be construed as requiring physician or medical care or hospitalization of any person who, because of religious faith or conviction, relies on spiritual means or prayer to cure or prevent disease or suffering nor shall any provision of sections [660.250 to 660.295] 192.2100 to 192.2130 be construed so as to designate any person as an eligible adult who presents a likelihood of suffering serious physical harm and is in need of protective services solely because such person, because of religious faith or conviction, relies on spiritual means or prayer to cure or prevent disease or suffering.  

            [660.295.]  192.2130.  If an eligible adult does not consent to the receipt of reasonable and necessary protective services, or if an eligible adult withdraws previously given consent, the protective services shall not be provided or continued; except that, if the director has reasonable cause to believe that the eligible adult lacks the capacity to consent, the director may seek a court order pursuant to the provisions of section [660.285] 192.2124.  

            [198.070.]  192.2150.  1.  [When] As used in sections 192.2150 to 192.2187, unless the context clearly indicates otherwise, the following terms mean:

            (1)  "Consumer", a consumer of personal care assistance services as defined in section 208.900, RSMo;

            (2)  "Patient", any patient of any entity licensed or certified under chapter 197 or 198, RSMo, or a client of an in-home services provider or adult day care provider;

            (3)  "Provider", any entity licensed or certified under chapter 197 or 198, RSMo, an in-home services provider agency, adult day care provider, or personal care assistance services vendor as defined in section 208.900, RSMo;

            (4)  "Resident", any resident of any entity licensed or certified under chapter 197 or 198, RSMo.

            2.  Any adult day care worker; chiropractor; Christian Science practitioner; coroner; dentist; embalmer; employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; social worker; personal care assistance services vendor employee or attendant; or other person charged with the care of a person sixty years of age or older or an eligible adult as defined in section 192.2100 who has reasonable cause to believe that a [resident of a facility] patient, resident, or consumer has been abused or neglected, [he or she] that misappropriation of property or moneys belonging to a patient, resident, or consumer has occurred, or that the falsification of any documents verifying service delivery of in-home services or consumer-directed services, shall immediately report or cause a report to be made to the department.  

            [2.]  3.  In addition to those persons required to report under subsection 2 of this section, any other person having reasonable cause to believe that a patient, resident, or consumer has been abused or neglected, that misappropriation of property of moneys belonging to a patient, resident, or consumer has occurred, or that the falsification of any documents verifying service delivery of in-home services or consumer-directed services may report such information to the department.

            4.  If a report is made by the patient's or resident's physician, the department shall provide information regarding the progress of the investigation to the physician upon request.

            5.  The report shall contain:

            (1)  The name and address of the [facility, the name of the resident,] provider and the patient, resident, or consumer;

            (2)  Information regarding the nature of the abuse or neglect, misappropriation, or falsification of documents verifying service delivery;

            (3)  The name of the complainant[,]; and

            (4)  Any other information which might be helpful in an investigation.  

            [3.  Any person required in subsection 1 of this section to report or cause a report to be made to the department who knowingly fails to make a report within a reasonable time after the act of abuse or neglect as required in this subsection is guilty of a class A misdemeanor.  

            4.  In addition to the penalties imposed by this section, any administrator who knowingly conceals any act of abuse or neglect resulting in death or serious physical injury, as defined in section 565.002, RSMo, is guilty of a class D felony.

            5.  In addition to those persons required to report pursuant to subsection 1 of this section, any other person having reasonable cause to believe that a resident has been abused or neglected may report such information to the department.]

            6.  Upon receipt of a report that indicates an imminent danger to the health, safety, or welfare of a patient, resident, or consumer or substantial probability that death or serious physical injury will result, the department shall initiate an investigation within twenty-four hours [and].  The department shall initiate all other investigations as soon as practicable.  If the patient, resident, or consumer has been appointed a guardian or conservator, or both, under chapter 475, RSMo, or if the patient, resident, or consumer has been certified to be incapacitated in accordance with sections 404.800 to 404.872, RSMo, the department, as soon as possible during the course of the investigation, shall notify the patient's, resident's [next of kin or responsible party], or consumer's legal representative (guardian, conservator, or agent under a durable power of attorney for health care) of the report [and], the investigation, and [further notify them] whether the report was substantiated or unsubstantiated unless such person is the alleged perpetrator [of the abuse or neglect].  In the case of investigations involving facilities licensed under chapter 198, RSMo, the department may notify family members or guardians of the results of investigations in accordance with section 198.532, RSMo.  As provided in section 565.186, RSMo, substantiated reports of elder abuse shall be promptly reported by the department to the appropriate law enforcement agency and prosecutor.

            7.  If the investigation indicates possible abuse or neglect [of a resident], misappropriation of property or moneys, or falsification of documents verifying service delivery of in-home services or consumer-directed services, the investigator shall refer the complaint together with the investigator's report to the department director or the director's designee for appropriate action.  When information gained from an investigation indicates a crime has occurred, the department shall report such information to appropriate law enforcement authorities.

            8.  If, during the investigation or at its completion, the department has reasonable cause to believe that immediate [removal] action is necessary to protect the patient, resident, or consumer from abuse or neglect, or misappropriation of property or moneys, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the patient, resident, or consumer in a circuit court of competent jurisdiction.  The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of the patient, resident, or consumer, for a period not to exceed thirty days.

            [8.]  9.  Reports shall be confidential, [as provided pursuant to section 660.320 , RSMo] shall not be deemed a public record, and shall not be subject to the provisions of section 109.180, RSMo, or chapter 610, RSMo.  The name of the complainant or any person mentioned in the reports shall not be disclosed unless:

            (1)  The complainant, patient, resident, or consumer mentioned, or the patient's, resident's, or consumer's legal representative agrees to disclosure of his or her name;

            (2)  The department determines that disclosure is necessary to prevent further abuse or neglect, misappropriation of property or moneys, or falsification of any documents verifying service delivery of in-home services or consumer-directed services;

            (3)  Release of a name is required for conformance with a lawful subpoena;

            (4)  Release of a name is required in connection with a review by the administrative hearing commission in accordance with section 198.039, RSMo;

            (5)  The department determines that release of a name is appropriate when forwarding a report of findings of an investigation to a licensing authority; or

            (6)  Release of a name is requested by the department of social services for the purpose of licensure under chapter 210, RSMo.

            10.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified of its receipt and the initiation of the investigation.  

            [9.]  11.  Anyone, except any person who has abused or neglected a patient, resident [in a facility], or consumer, or who has benefitted from the misappropriation of property or moneys of a patient, resident, or consumer, or who has falsified documents verifying service delivery of in-home services or consumer-directed services, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith or with malicious purpose.  It is a crime pursuant to section 565.186 and 565.188, RSMo, for any person to purposely file a false report of elder abuse or neglect.  

            [10.  Within five working days after a report required to be made pursuant to this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.  

            11.  No person who directs or exercises any authority in a facility shall evict, harass, dismiss or retaliate against a resident or employee because such resident or employee or any member of such resident's or employee's family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the facility which the resident, the resident's family or an employee has reasonable cause to believe has been committed or has occurred.  Through the existing department information and referral telephone contact line, residents, their families and employees of a facility shall be able to obtain information about their rights, protections and options in cases of eviction, harassment, dismissal or retaliation due to a report being made pursuant to this section.  

            12.  Any person who abuses or neglects a resident of a facility is subject to criminal prosecution under section 565.180, 565.182, or 565.184, RSMo.  

            13.]  12.  The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who are or have been employed [in any facility] by any provider or consumer and who have been finally determined by the department pursuant to section [660.315] 192.2175, RSMo[,]:

            (1)  To have purposely, knowingly or recklessly abused or neglected a [resident] patient, resident, or consumer.  For purposes of this section, "abuse" and "neglect" shall have the same meanings as such terms are defined in section 192.2100.  For purposes of this section only, "purposely", "knowingly" and "recklessly" shall have the meanings [that are ascribed to them in this section.  A person acts "knowingly" with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct.  A person acts "recklessly" when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation] as such terms are defined in chapter 562, RSMo;

            (2)  To have falsified documents verifying service delivery to a patient, resident, or consumer;

            (3)  To have misappropriated property or moneys belonging to a patient, resident, or consumer.  For the purposes of sections 192.2150 to 192.2175, the term "misappropriation" means the dishonest conversion of property or moneys of a patient for one's own use by a provider or an employee of a provider.

            13.  No person who directs or exercises any authority on behalf of a provider and no personal care attendant, as defined in section 208.900, RSMo, shall evict, harass, dismiss, or retaliate against a patient, resident, consumer, or employee because such patient, resident, consumer, or employee or any member of such patient's, resident's, consumer's, or employee's family has made a report of any violation or suspected violation of laws, standards, or regulations applying to the provider or attendant which the complainant has reasonable cause to believe has been committed or has occurred.  Through existing department information and referral telephone contact line, patients, residents, consumers, their families, and employees of a provider shall be able to obtain information regarding their rights, protections, and options in cases of eviction, harassment, dismissal, or retaliation due to a report being made under this section.  

            14.  The timely self-reporting of incidents to the central registry by a [facility] provider, shall continue to be investigated in accordance with department policy, and shall not be counted or reported by the department as a hot-line call but rather a self-reported incident.  If the self-reported incident results in a regulatory violation, such incident shall be reported as a substantiated report.

            15.  Any potential recipient or participant of Medicaid-funded home and community based care shall be screened to ascertain if they are included on the Missouri sexual offender registry maintained by Missouri state highway patrol.  If any potential recipient or participant of Medicaid-funded home and community based care is included on the Missouri sexual offender registry, the department shall notify the provider of such at the time the referral is made.  

            192.2153.  1.  Any person required to report or cause a report to be made to the department under subsection 2 of section 192.2150 who fails to make such a report or cause such a report to be made within twenty-four hours after the later of the act or the discovery of the act by such person of abuse or neglect or misappropriation of property or moneys is guilty of a class A misdemeanor.

            2.  In addition to any other penalties imposed by this section, any provider or employer of a provider who knowingly conceals any act of abuse or neglect that results in death or serious physical injury, as defined in section 565.002, RSMo, is guilty of a class D felony.

            3.  If a provider willfully and knowingly fails to report abuse by an employee of the provider and such employee is later found guilty or pleads guilty to a violation of section 565.180, 565.182, or 565.184, RSMo, the provider may be subject to an administrative penalty of one thousand dollars per violation to be collected by the department.  Any moneys collected shall be transferred to the state school moneys fund as established in section 166.051, RSMo, and distributed to the public schools of this state in the manner provided in section 163.031, RSMo.  Any provider that has an administrative penalty imposed by the department may seek an administrative review of the department's action under chapter 621, RSMo.  Any decision of the administrative hearing commission may be appealed to the circuit court in the county where the violation occurred for judicial review as a contested case under chapter 536, RSMo.

            [660.315.]  192.2175.  1.  After an investigation and a determination has been made to place a person's name on the employee disqualification list, that person shall be notified in writing mailed to his or her last known address that:

            (1)  An allegation has been made against the person, the substance of the allegation and that an investigation has been conducted which tends to substantiate the allegation;

            (2)  The person's name will be included in the employee disqualification list of the department;

            (3)  The consequences of being so listed including the length of time to be listed; and

            (4)  The person's rights and the procedure to challenge the allegation.  

            2.  Notice by mail to the last known address, as provided by the person to the person's employer at the time of the allegation, shall satisfy the requirements of this section.  If the person has provided the department with a more recent address, notice shall be sent to the more recent address.  Notice shall be complete upon such mailing.  If no reply has been received within thirty days of mailing the notice, the department may include the name of such person on its list.  The length of time the person's name shall appear on the employee disqualification list shall be determined by the director or the director's designee, based upon the criteria contained in subsection 9 of this section.  

            3.  If the person so notified wishes to challenge the allegation, such person may file an application for a hearing with the department.  The department shall grant the application within thirty days after receipt by the department and set the matter for hearing[, or the department shall notify the applicant that, after review, the allegation has been held to be unfounded and the applicant's name will not be listed].  

            4.  If a person's name is included on the employee disqualification list without notice in accordance with subsections 1 and 2 of this section by the department, such person may file a request with the department for removal of the name or for a hearing.  Within thirty days after receipt of the request, the department shall either remove the name from the list or grant a hearing and set a date therefor.  

            5.  Any hearing shall be conducted [in the county of the person's residence] by the director of the department or the director's designee in Cole County or in the county of the person's residence, or by telephone, in the discretion of the director or the director's designee.  The provisions of chapter 536, RSMo, for a contested case except those provisions or amendments which are in conflict with this section, shall apply to and govern the proceedings contained in this section and the rights and duties of the parties involved.  The person appealing such an action shall be entitled to present evidence, pursuant to the provisions of chapter 536, RSMo, relevant to the allegations.

             6.  Upon the record made at the hearing, the director of the department or the director's designee shall determine all questions presented and shall determine whether the person shall be listed on the employee disqualification list.  The director of the department or the director's designee shall clearly state the reasons for his or her decision and shall include a statement of findings of fact and conclusions of law pertinent to the questions in issue.  

            7.  A person aggrieved by the decision following the hearing shall be informed of his or her right to seek judicial review as provided under chapter 536, RSMo.  If the person fails to appeal the director's findings, those findings shall constitute a final determination that the person shall be placed on the employee disqualification list.  

            8.  A decision by the director shall be inadmissible in any civil action brought against a [facility or the in-home services provider agency] provider or personal care attendant and arising out of the facts and circumstances which brought about the employment disqualification proceeding, unless the civil action is brought against the [facility or the in-home services provider agency] provider or personal care attendant by the department of health and senior services or one of its divisions.  

            9.  The length of time the person's name shall appear on the employee disqualification list shall be determined by the director of the department of health and senior services or the director's designee, based upon the following:

            (1)  Whether the person acted purposely, recklessly or knowingly, as defined in chapter 562, RSMo;

            (2)  The degree of the physical, sexual, or emotional injury or harm; or the degree of the imminent danger to the health, safety or welfare of a [resident or in-home services client] the alleged victim;

            (3)  The degree of misappropriation of the property or funds, or falsification of any documents for service delivery of [an in-home services client] a patient, resident, or consumer;

            (4)  Whether the person has previously been listed on the employee disqualification list;

            (5)  Any mitigating circumstances;

            (6)  Any aggravating circumstances; and

            (7)  Whether alternative sanctions resulting in conditions of continued employment are appropriate in lieu of placing a person's name on the employee disqualification list.  Such conditions of employment may include, but are not limited to, additional training and employee counseling.  Conditional employment shall terminate upon the expiration of the designated length of time and the person's submitting documentation which fulfills the department of health and senior services' requirements.  

            10.  The removal of any person's name from the list under this section shall not prevent the director from keeping records of all acts finally determined to have occurred under this section.  

            11.  The department shall [provide] make available the list maintained pursuant to this section to other state departments upon request and to any person, corporation or association who:

            (1)  Is licensed as an operator under chapter 198, RSMo;

            (2)  Provides in-home services under contract with the department;

            (3)  Employs [nurses and nursing assistants] health care staff for temporary or intermittent placement [in health care facilities] with providers;

            (4)  Is approved by the department to issue certificates for nursing assistants training; [or]

            (5)  Is an entity licensed under chapter 197, RSMo;

            (6)  Is a personal care assistance services vendor agency, as defined in section 208.900, RSMo;

            (7)  Is an adult day care provider licensed under sections 192.2200 to 192.2227;

            (8)  Is a recognized school of nursing, medicine, or other health profession that receives the list for the purpose of checking its students who participate in clinical rotations with entities described in subdivisions (1), (2), or (5) of this subsection; or

            (9)  Is a consumer reporting agency regulated by the Fair Credit Reporting Act that conducts employee background checks on behalf of entities listed in subdivisions (1) to (7) of this subsection.  

The department shall inform any person listed above who inquires of the department whether or not a particular name is on the list.  No person, corporation, or association who is entitled to access the employee disqualification list may disclose the information to any person, corporation, or association who is not entitled to access the list.  Any person, corporation, or association who is entitled to access the employee disqualification list who discloses the information to any person, corporation, or association who is not entitled to access the list shall be guilty of an infraction.  The department may require that the request be made in writing.  

            12.  The department shall, upon request, provide to the division of employment security within the department of labor and industrial relations copies of the investigative reports related to an employee being placed on the employee disqualification list.

            13.  No person, corporation or association who received the employee disqualification list under subdivisions (1) to (7) of subsection 11 of this section shall knowingly employ any person who is on the employee disqualification list.  No person who is listed on the employee disqualification list shall be paid from public moneys as a personal care assistance services attendant.  Any person, corporation or association who received the employee disqualification list under subdivisions (1) to (7) of subsection 11 of this section, or any consumer or person responsible for providing health care service, who declines to employ or terminates a person whose name is listed in this section shall be immune from suit by that person or anyone else acting for or in behalf of that person for the failure to employ or for the termination of the person whose name is listed on the employee disqualification list.  

            [13.]  14.  Any employer who is required to discharge an employee because the employee was placed on [a] any disqualification list maintained by the department of health and senior services [after the date of hire], including the employee disqualification list maintained under section 192.2175 or any of the background check lists in the family care safety registry under sections 210.900 to 210.936, RSMo, shall not be charged for unemployment insurance benefits based on wages paid to the employee for work prior to the date of discharge, pursuant to section 288.100, RSMo.  Any person who is employed in a position for which employment is prohibited while such person is listed on the employee disqualification list shall have his or her placement on the employee disqualification list extended one year.

            [14.]  15.  Any person who has been listed on the employee disqualification list may request that the director remove his or her name from the employee disqualification list.  The request shall be written and may not be made more than once every twelve months.  The request will be granted by the director upon a clear showing, by written submission only, that the person will not commit additional acts of abuse, neglect, misappropriation of the property or funds, or the falsification of any documents [of] verifying service delivery to [an in-home services client] a patient, resident, or consumer.  The director may make conditional the removal of a person's name from the list on any terms that the director deems appropriate, and failure to comply with such terms may result in the person's name being relisted.  The director's determination of whether to remove the person's name from the list is not subject to appeal.  

            [660.317.]  192.2178.  1.  For the purposes of this section, the term "provider" means any person, corporation or association who:

            (1)  Is licensed as an operator pursuant to chapter 198, RSMo;

            (2)  Provides in-home services under contract with the department;

            (3)  Employs [nurses or nursing assistants] health care staff for temporary or intermittent placement in health care facilities;

            (4)  Is an entity licensed pursuant to chapter 197, RSMo;

            (5)  Is a public or private facility, day program, residential facility or specialized service operated, funded or licensed by the department of mental health; [or]

            (6)  Is a licensed adult day care provider;

            (7)  Is a personal care assistance services vendor agency, as defined in section 208.900, RSMo.  

            2.  For the purpose of this section "patient or resident" has the same meaning as such term is defined in section 43.540, RSMo; and "consumer" has the same meaning as such term is defined in section 208.900, RSMo.  

            3.  Prior to allowing any person who has been hired as a full-time, part-time or temporary position to have contact with any patient [or], resident, or consumer, the provider shall, or in the case of temporary employees hired through or contracted for an employment agency, the employment agency shall prior to sending a temporary employee to a provider:

            (1)  Request a criminal background check as provided in section 43.540, RSMo.  Completion of an inquiry to the highway patrol for criminal records that are available for disclosure to a provider for the purpose of conducting an employee criminal records background check shall be deemed to fulfill the provider's duty to conduct employee criminal background checks pursuant to this section; except that, completing the inquiries pursuant to this subsection shall not be construed to exempt a provider from further inquiry pursuant to common law requirements governing due diligence.  If an applicant has not resided in this state for five consecutive years prior to the date of his or her application for employment, the provider shall request a nationwide check for the purpose of determining if the applicant has a prior criminal history in other states.  The fingerprint cards and any required fees shall be sent to the highway patrol's criminal records division.  The first set of fingerprints shall be used for searching the state repository of criminal history information.  If no identification is made, the second set of fingerprints shall be forwarded to the Federal Bureau of Investigation, Identification Division, for the searching of the federal criminal history files.  The patrol shall notify the submitting state agency of any criminal history information or lack of criminal history information discovered on the individual.  The provisions relating to applicants for employment who have not resided in this state for five consecutive years shall apply only to persons who have no employment history with a licensed Missouri facility during that five-year period.  Notwithstanding the provisions of section 610.120, RSMo, all records related to any criminal history information discovered shall be accessible and available to the provider making the record request; and

            (2)  Make an inquiry to the department of health and senior services whether the person is listed on the employee disqualification list as provided in section [660.315] 192.2175;

            (3)  Request of the person a physical address where the person may be located in addition to any other address provided by the person such as a post office box address.  

For any elder-care worker listed in the family care safety registry or who has submitted the registration form required by sections 210.900 to 210.936, RSMo, a provider may access the family care safety registry in lieu of the requirements established under section 192.2175 or subsections 3 to 5 of section 192.2178.

            4.  When the provider requests a criminal background check pursuant to section 43.540, RSMo, the requesting entity may require that the applicant reimburse the provider for the cost of such record check.  When a provider requests a nationwide criminal background check pursuant to subdivision (1) of subsection 3 of this section, the total cost to the provider of any background check required pursuant to this section shall not exceed five dollars which shall be paid to the state.  State funding and the obligation of a provider to obtain a nationwide criminal background check shall be subject to the availability of appropriations.

            5.  An applicant for a position to have contact with patients or residents of a provider shall:

            (1)  Sign a consent form as required by section 43.540, RSMo, so the provider may request a criminal records review;

            (2)  Disclose the applicant's criminal history.  For the purposes of this subdivision "criminal history" includes any conviction or a plea of guilty to a misdemeanor or felony charge and shall include any suspended imposition of sentence, any suspended execution of sentence or any period of probation or parole; and

            (3)  Disclose if the applicant is listed on the employee disqualification list as provided in section [660.315] 192.2175.  

            6.  An applicant who knowingly fails to disclose his or her criminal history as required in subsection 5 of this section is guilty of a class A misdemeanor.  A provider is guilty of a class A misdemeanor if the provider knowingly hires or retains a person to have contact with patients or residents and the person has been convicted of, pled guilty to or nolo contendere in this state or any other state or has been found guilty of a crime, which if committed in Missouri would be a class A or B felony violation of chapter 195, 565, 566 or 569, RSMo, a violation of section 570.090, RSMo, or any felony violation or three or more misdemeanor violations of section 570.030, RSMo, or any violation of subsection [3] 1 of section [198.070, RSMo,] 192.2153 or section 568.020, RSMo.  For any persons hired on or after August 28, 2006, a provider shall not hire any person with a disqualifying criminal history unless such person has received a good cause waiver of the disqualifying criminal history.  For any persons employed as of August 28, 2006, a provider shall not retain any person with a disqualifying criminal history after January 1, 2007, unless such person has submitted a completed good cause waiver application prior to January 1, 2007.  If the good cause waiver is denied, the provider shall not continue to retain such person after the provider is notified of the denial of the good cause waiver.  

            7.  Any in-home services provider agency or home health agency [shall be] or hospice is guilty of a class A misdemeanor if such agency or hospice knowingly [employs] hires or retains a person to provide in-home services, hospice services, or home health services to any in-home services client, hospice patient, or home health patient and such person either refuses to register with the family care safety registry or [is listed] has a finding report on any of the background check lists in the family care safety registry pursuant to sections 210.900 to 210.937, RSMo.  

            8.  The highway patrol shall examine whether protocols can be developed to allow a provider to request a statewide fingerprint criminal records review check through local law enforcement agencies.  

            9.  A provider may use a private investigatory agency rather than the highway patrol to do a criminal history records review check, and alternatively, the applicant pays the private investigatory agency such fees as the provider and such agency shall agree.  

            10.  Except for the hiring restriction based on the department of health and senior services employee disqualification list established pursuant to section [660.315] 192.2175, the department of health and senior services shall promulgate rules and regulations to waive the hiring restrictions pursuant to this section for good cause.  For purposes of this section, "good cause" means the department has made a determination by examining the employee's prior work history and other relevant factors that [such employee does not present a risk to the health or safety of residents] the hiring restriction contained in subsections 6 and 7 of this section is removed and the hiring decision becomes the responsibility of the provider.  

            [660.300.]  192.2181.  1.  [When any adult day care worker; chiropractor; Christian Science practitioner; coroner; dentist; embalmer; employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; or social worker has reasonable cause to believe that an in-home services client has been abused or neglected, as a result of in-home services, he or she shall immediately report or cause a report to be made to the department.  If the report is made by a physician of the in-home services client, the department shall maintain contact with the physician regarding the progress of the investigation.  

            2.]  When a report of deteriorating physical condition resulting in possible abuse or neglect of an in-home services client is received by the department, the client's case manager and the department nurse shall be notified.  The client's case manager shall investigate and immediately report the results of the investigation to the department nurse.  The department may authorize the in-home services provider nurse to assist the case manager with the investigation.

            [3.]  2.  If requested, local area agencies on aging shall provide volunteer training to those persons listed in subsection [1] 2 of [this] section 192.2150 regarding the detection and report of abuse and neglect [pursuant to this section].

            [4.  Any person required in subsection 1 of this section to report or cause a report to be made to the department who fails to do so within a reasonable time after the act of abuse or neglect is guilty of a class A misdemeanor.  

            5.  The report shall contain the names and addresses of the in-home services provider agency, the in-home services employee, the in-home services client, the home health agency, the home health agency employee, information regarding the nature of the abuse or neglect, the name of the complainant, and any other information which might be helpful in an investigation.  

            6.  In addition to those persons required to report under subsection 1 of this section, any other person having reasonable cause to believe that an in-home services client or home health patient has been abused or neglected by an in-home services employee or home health agency employee may report such information to the department.  

            7.  If the investigation indicates possible abuse or neglect of an in-home services client or home health patient, the investigator shall refer the complaint together with his or her report to the department director or his or her designee for appropriate action.  If, during the investigation or at its completion, the department has reasonable cause to believe that immediate action is necessary to protect the in-home services client or home health patient from abuse or neglect, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the in-home services client or home health patient in a circuit court of competent jurisdiction.  The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of the in-home services client or home health patient, for a period not to exceed thirty days.  

            8.  Reports shall be confidential, as provided under section 660.320.  

            9.  Anyone, except any person who has abused or neglected an in-home services client or home health patient, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.  

            10.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.  

            11.  No person who directs or exercises any authority in an in-home services provider agency or home health agency shall harass, dismiss or retaliate against an in-home services client or home health patient, or an in-home services employee or a home health agency employee because he or any member of his or her family has made a report of any violation or suspected violation of laws, standards or regulations applying to the in-home services provider agency or home health agency or any in-home services employee or home health agency employee which he has reasonable cause to believe has been committed or has occurred.  

            12.  Any person who abuses or neglects an in-home services client or home health patient is subject to criminal prosecution under section 565.180, 565.182, or 565.184, RSMo.  If such person is an in-home services employee and has been found guilty by a court, and if the supervising in- home services provider willfully and knowingly failed to report known abuse by such employee to the department, the supervising in-home services provider may be subject to administrative penalties of one thousand dollars per violation to be collected by the department and the money received therefor shall be paid to the director of revenue and deposited in the state treasury to the credit of the general revenue fund.  Any in-home services provider which has had administrative penalties imposed by the department or which has had its contract terminated may seek an administrative review of the department's action pursuant to chapter 621, RSMo.  Any decision of the administrative hearing commission may be appealed to the circuit court in the county where the violation occurred for a trial de novo.  For purposes of this subsection, the term "violation" means a determination of guilt by a court.  

            13.]  3.  The department shall establish a quality assurance and supervision process for clients that [requires] require an in-home services provider agency to [conduct random visits to] verify compliance with program standards and verify the accuracy of records kept by an in-home services employee.  

            [14.  The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who have been finally determined by the department, pursuant to section 660.315, to have recklessly, knowingly or purposely abused or neglected an in-home services client or home health patient while employed by an in-home services provider agency or home health agency.  For purposes of this section only, "knowingly" and "recklessly" shall have the meanings that are ascribed to them in this section.  A person acts "knowingly" with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct.  A person acts "recklessly" when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.  

            15.]  4.  At the time a client has been assessed to determine the level of care as required by rule and is eligible for in-home services, the department shall conduct a "Safe at Home Evaluation" to determine the client's physical, mental, and environmental capacity.  The department shall develop the safe at home evaluation tool by rule in accordance with chapter 536, RSMo.  The purpose of the safe at home evaluation is to assure that each client has the appropriate level of services and professionals involved in the client's care.  The plan of service or care for each in-home services client shall be authorized by a nurse.  The department may authorize the licensed in-home services nurse, in lieu of the department nurse, to conduct the assessment of the client's condition and to establish a plan of services or care.  The department may use the expertise, services, or programs of other departments and agencies on a case-by-case basis to establish the plan of service or care.  The department may, as indicated by the safe at home evaluation, refer any client to a mental health professional, as defined in 9 CSR 30-4.030, for evaluation and treatment as necessary.  

            [16.]  5.  Authorized nurse visits shall occur at least twice annually to assess the client and the client's plan of services.  The provider nurse shall report the results of his or her visits to the client's case manager.  If the provider nurse believes that the plan of service requires alteration, the department shall be notified and the department shall make a client evaluation.  All authorized nurse visits shall be reimbursed to the in-home services provider.  All authorized nurse visits shall be reimbursed outside of the nursing home cap for in-home services clients whose services have reached one hundred percent of the average statewide charge for care and treatment in an intermediate care facility, provided that the services have been preauthorized by the department.  

            [17.]  6.  All in-home services clients shall be advised of their rights by the department at the initial evaluation.  The rights shall include, but not be limited to, the right to call the department for any reason, including dissatisfaction with the provider or services.  The department shall establish a process to receive such nonabuse and neglect calls other than the elder abuse and neglect hotline.  

            [18.]  7.  Subject to appropriations, all nurse visits authorized in this section and sections [660.250 to 660.300] 192.2100 to 192.2130 shall be reimbursed to the in-home services provider agency.  

            [660.321.]  192.2184.  Notwithstanding any other provision of law, the department shall not disclose personally identifiable medical, social, personal, or financial records of any eligible adult being served by the [division of senior services] department except when disclosed in a manner that does not identify the eligible adult, or when ordered to do so by a court of competent jurisdiction.  Such records shall be accessible without court order for examination and copying only to the following persons or offices, or to their designees:

            (1)  The department or any person or agency designated by the department for such purposes as the department may determine;

            (2)  The attorney general, to perform his or her constitutional or statutory duties;

            (3)  The department of mental health for residents placed through that department, to perform its constitutional or statutory duties;

            (4)  Any appropriate law enforcement agency, to perform its constitutional or statutory duties;

            (5)  The eligible adult, his or her legal guardian or any other person designated by the eligible adult; and

            (6)  The department of social services for individuals who receive Medicaid benefits, to perform its constitutional or statutory duties.  

            [660.310.]  192.2187.  1.  Notwithstanding any other provision of law, if the department of health and senior services proposes to deny, suspend, place on probation, or terminate an in-home services provider agency contract, the department of health and senior services shall serve upon the applicant or contractor written notice of the proposed action to be taken.  The notice shall contain a statement of the type of action proposed, the basis for it, the date the action will become effective, and a statement that the applicant or contractor shall have thirty days from the date of mailing or delivery of the notice to file a complaint requesting a hearing before the administrative hearing commission.  The administrative hearing commission may consolidate an applicant's or contractor's complaint with any proceeding before the administrative hearing commission filed by such contractor or applicant pursuant to subsection 3 of section 208.156, RSMo, involving a common question of law or fact.  Upon the filing of the complaint, the provisions of sections 621.110, 621.120, 621.125, 621.135, and 621.145, RSMo, shall apply.  With respect to cases in which the department has denied a contract to an in-home services provider agency, the administrative hearing commission shall conduct a hearing to determine the underlying basis for such denial.  However, if the administrative hearing commission finds that the contract denial is supported by the facts and the law, the case need not be returned to the department.  The administrative hearing commission's decision shall constitute affirmation of the department's contract denial.  

            2.  The department of health and senior services may issue letters of censure or warning without formal notice or hearing.  

            3.  The administrative hearing commission may stay the suspension or termination of an in-home services provider agency's contract, or the placement of the contractor on probation, pending the commission's findings and determination in the cause, upon such conditions, with or without the agreement of the parties, as the commission deems necessary and appropriate, including the posting of bond or other security except that the commission shall not grant a stay, or if a stay has already been entered shall set aside its stay, unless the commission finds that the contractor has established that servicing the department's clients pending the commission's final determination would not present an imminent danger to the health, safety, or welfare of any client or a substantial probability that death or serious physical harm would result.  The commission may remove the stay at any time that it finds that the contractor has violated any of the conditions of the stay.  Such stay shall remain in effect, unless earlier removed by the commission, pending the decision of the commission and any subsequent departmental action at which time the stay shall be removed.  In any case in which the department has refused to issue a contract, the commission shall have no authority to stay or to require the issuance of a contract pending final determination by the commission.  

            4.  Stays granted to contractors by the administrative hearing commission shall, as a condition of the stay, require at a minimum that the contractor under the stay operate under the same contractual requirements and regulations as are in effect, from time to time, as are applicable to all other contractors in the program.  

            5.  The administrative hearing commission shall make its final decision based upon the circumstances and conditions as they existed at the time of the action of the department and not based upon circumstances and conditions at the time of the hearing or decision of the commission.  

            6.  In any proceeding before the administrative hearing commission pursuant to this section, the burden of proof shall be on the contractor or applicant seeking review.  

            7.  Any person, including the department, aggrieved by a final decision of the administrative hearing commission may seek judicial review of such decision as provided in section 621.145, RSMo.  

            [660.400.]  192.2200.  As used in sections 199.025, RSMo, and [660.403 to 660.420] 192.2203 to 192.2227, unless the context clearly indicates otherwise, the following terms mean:

            (1)  "Adult", an individual over the age of eighteen;

            (2)  "Adult day care program", a group program designed to provide care and supervision to meet the needs of functionally impaired adults for periods of less than twenty-four hours but more than two hours per day in a place other than the adult's own home;

            (3)  "Adult day care provider", the person, corporation, partnership, association or organization legally responsible for the overall operation of the adult day care program;

            (4)  "Department", the department of [social] health and senior services;

            (5)  "Director", the director of the division of aging;

            (6)  "Division", the division of aging;

            (7)  "Functionally impaired adult", an adult who by reason of age or infirmity requires care and supervision;

            (8)  "License", the document issued by the [division] department in accordance with the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 to an adult day care program which authorizes the adult day care provider to operate the program in accordance with the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 and the applicable rules promulgated pursuant thereto;

            (9)  "Participant", a functionally impaired adult who is enrolled in an adult day care program;

            (10)  "Person", any individual, firm, corporation, partnership, association, agency, or an incorporated or unincorporated organization regardless of the name used;

            (11)  "Provisional license", the document issued by the [division] department in accordance with the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 to an adult day care provider which is not currently meeting the requirements necessary to obtain a license;

            (12)  "Related", any of the following by blood, marriage or adoption: parent, child, grandchild, brother, sister, half-brother, half-sister, stepparent, uncle, aunt, niece, nephew, or first cousin;

            (13)  "Staff participant ratio", the number of adult care staff required by the [division] department in relation to the number of adults being cared for by such staff.  

            [660.403.]  192.2203.  1.  It shall be unlawful for any person to establish, maintain, or operate an adult day care program, or to advertise or hold himself out as being able to perform any adult day care service, unless he has obtained the proper license.  

            2.  All applications for licenses shall be made on forms provided by the [division] department and in the manner prescribed by the [division] department.  All forms provided shall include a fee schedule.  

            3.  The [division] department shall conduct an investigation of the adult day care program, and the applicant, for which a license is sought in order to determine if such program is complying with the following:

            (1)  Local fire safety requirements or fire safety requirements of the [division] department if there are no local codes;

            (2)  Local or state sanitation requirements;

            (3)  Local building and zoning requirements, where applicable;

            (4)  Staff/adult ratios required by the [division] department; and

            (5)  Other applicable provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 and all applicable rules promulgated pursuant thereto, including but not limited to:

            (a)  The applicant's ability to render adult day care;

            (b)  The proposed plan for providing adult day care;

            (c)  The proposed plan of operation of the adult day care program, so that, in the judgment of the [division] department, minimum standards are being met to insure the health and safety of the participants.  

            4.  Following completion of its investigation made pursuant to subsection 3 of this section and a finding that the applicant for a license has complied with all applicable rules promulgated pursuant to sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 the [division] department shall issue a license to such applicant.  Such license shall be valid for the period designated by the division, which period shall not exceed two years from the date of issuance, for the premises and persons named in the application.  

            5.  Each license issued under sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 shall include the name of the provider, owner and operator; the name of the adult day care program; the location of the adult day care program; the hours of operations; the number and any limitations or the type of participants who may be served; and the period for which such license is valid.

            6.  The [division] department may issue a provisional license to an adult day care program that is not currently meeting requirements for a license but which demonstrates the potential capacity to meet full requirements for license; except that, no provisional license shall be issued unless the director is satisfied that the operation of the adult day care program is not detrimental to the health and safety of the participants being served.  The provisional license shall be nonrenewable and shall be valid for the period designated by the [division] department, which period shall not exceed six months from the date of issuance.  Upon issuance of a regular license, a day care program's provisional license shall immediately be null and void.

            [660.405.]  192.2206.  1.  The provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 shall not apply to the following:

            (1)  Any adult day care program operated by a person in which care is offered for no more than two hours per day;

            (2)  Any adult day care program maintained or operated by the federal government except where care is provided through a management contract;

            (3)  Any person who cares solely for persons related to the provider or who has been designated as guardian of that person;

            (4)  Any adult day care program which cares for no more than four persons unrelated to the provider;

            (5)  Any adult day care program licensed by the department of mental health under chapter 630, RSMo, which provides care, treatment and habilitation exclusively to adults who have a primary diagnosis of mental disorder, mental illness, mental retardation or developmental disability as defined;

            (6)  Any adult day care program administered or maintained by a religious not-for-profit organization serving a social or religious function if the adult day care program does not hold itself out as providing the prescription or usage of physical or medical therapeutic activities or as providing or administering medicines or drugs.  

            2.  Nothing in this section shall prohibit any person listed in subsection 1 of this section from applying for a license or receiving a license if the adult day care program owned or operated by such person conforms to the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 and all applicable rules promulgated pursuant thereto.  

            [660.407.]  192.2209.  1.  The director, or his authorized representative, shall have the right to enter the premises of an applicant for or holder of a license at any time during the hours of operation of a center to determine compliance with provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 and applicable rules promulgated pursuant thereto.  Entry shall also be granted for investigative purposes involving complaints regarding the operations of an adult day care program.  The [division] department shall make at least two inspections per year, at least one of which shall be unannounced to the operator or provider.  The [division] department may make such other inspections, announced or unannounced, as it deems necessary to carry out the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227.  

            2.  The applicant for or holder of a license shall cooperate with the investigation and inspection by providing access to the adult day care program, records and staff, and by providing access to the adult day care program to determine compliance with the rules promulgated pursuant to sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227.  

            3.  Failure to comply with any lawful request of the [division] department in connection with the investigation and inspection is a ground for refusal to issue a license or for the suspension or revocation of a license.  

            4.  The [division] department may designate to act for it, with full authority of law, any instrumentality of any political subdivision of the state of Missouri deemed by the [division] department to be competent to investigate and inspect applicants for or holders of licenses.  

            [660.409.]  192.2212.  Each application for a license, or the renewal thereof, issued pursuant to sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 shall be accompanied by a nonrefundable fee in the amount required by the [division] department.  The fee, to be determined by the director [of the division], shall not exceed one hundred dollars and shall be based on the licensed capacity of the applicant.  

            [660.411.]  192.2215.  The [division] department shall offer technical assistance or consultation to assist applicants for or holders of licenses or provisional licenses in meeting the requirements of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192. 2227, staff qualifications, and other aspects involving the operation of an adult day care program, and to assist in the achievement of programs of excellence related to the provision of adult day care.

            [660.414.]  192.2218.  1.  Whenever the [division] department is advised or has reason to believe that any person is operating an adult day care program without a license, or provisional license, or that any holder of license, or provisional license is not in compliance with the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227, the [division] department shall make an investigation and inspection to ascertain the facts. If the [division] department is not permitted access to the adult day care program in question, the [division] department may apply to the circuit court of the county in which the program is located for an order authorizing entry for inspection.  The court shall issue the order if it finds reasonable grounds necessitating the inspection.  

            2.  If the [division] department finds that the adult day care program is being operated in violation of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227, it may seek, among other remedies, injunctive relief against the adult day care program.  

            [660.416.]  192.2221.  1.  Any person aggrieved by an official action of the [division] department either refusing to issue a license or revoking or suspending a license may seek a determination thereon by the administrative hearing commission pursuant to the provisions of section [161.272] 621.045, RSMo, et seq.; except that, the petition must be filed with the administrative hearing commission within thirty days after the mailing or delivery of notice to the applicant for or holder of such license or certificate.  When the notification of the official action is mailed to the applicant for or holder of such a license, there shall be included in the notice a statement of the procedure whereby the applicant for or holder of such license may appeal the decision of the [division] department before the administrative hearing commission.  It shall not be a condition to such determination that the person aggrieved seek a reconsideration, a rehearing or exhaust any other procedure within the [division] department.

            2.  The administrative hearing commission may stay the revocation or suspension of such certificate or license, pending the commission's findings and determination in the cause, upon such conditions as the commission deems necessary and appropriate including the posting of bond or other security; except that, the commission shall not grant a stay or if a stay has already been entered shall set aside its stay, if, upon application of the [division] department, the commission finds reason to believe that continued operation of the facility to which the certificate or license in question applies pending the commission's final determination would present an imminent danger to the health, safety or welfare of any person or a substantial probability that death or serious physical harm would result.  In any case in which the [division] department has refused to issue a certificate or license, the commission shall have no authority to stay or to require the issuance of a license pending final determination by the commission.

            3.  The administrative hearing commission shall make the final decision as to the issuance, suspension, or revocation of a license.  Any person aggrieved by a final decision of the administrative hearing commission, including the [division] department, may seek judicial review of such decision by filing a petition for review in the court of appeals for the district in which the adult day care program to which the license in question applies is located.  Review shall be had in accordance with the provisions of sections [161.337 and 161.338] 621.189 and 621.193, RSMo.  

            [660.418.]  192.2224.  The director [of the division] shall have the authority to promulgate rules pursuant to this section and chapter 536, RSMo, in order to carry out the provisions of sections [199.025, RSMo, and 660.403 to 660.420.  No rule or portion of a rule promulgated under the authority of section 199.025, RSMo, and sections 660.403 to 660.420 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo] 192.2203 to 192.2227.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in sections 192.2203 to 192.2227 shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  Sections 192.2203 to 192.2227 and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.  

            [660.420.]  192.2227.  1.  Any person who violates any provision of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227, or who, for himself or for any other person, makes materially false statements in order to obtain a certificate or license, or the renewal thereof, issued pursuant to sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227, shall be guilty of a class A misdemeanor.  

            2.  Any person who is convicted pursuant to this section shall, in addition to all other penalties provided by law, have any license issued to [him] such person under sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 revoked, and shall not operate, nor hold any license to operate, any adult day care program, or other entity governed by the provisions of sections [199.025, RSMo, and 660.403 to 660.420] 192.2203 to 192.2227 for a period of three years after such conviction.

            [660.620.]  192.2250.  1.  There is hereby established an "Office of Advocacy and Assistance for Senior Citizens" within the office of lieutenant governor.  

            2.  The senior citizen advocate shall coordinate activities with the long-term care ombudsman program, as defined in section [660.600] 198.700, on complaints made by or on behalf of senior citizens residing in long-term care facilities.  

            3.  The senior citizen advocate shall conduct a suitable investigation into any actions complained of unless the senior citizen advocate finds that the complaint pertains to a matter outside the scope of the authority of the senior citizen advocate, the complainant has no substantive or procedural interest which is directly affected by the matter complained about, or the complaint is trivial, frivolous, vexatious or not made in good faith.  

            4.  After completing his investigation of a complaint, the senior citizen advocate shall inform the complainant, the agency, official or employee of action recommended by the senior citizen advocate.  The senior citizen advocate shall make such reports and recommendations to the affected agencies, the governor and the general assembly as he deems necessary to further the purposes of sections [660.620 and 660.625] 192.2250 and 192.2253.

            5.  The senior citizen advocate shall, in conjunction with the division of senior services, act as a clearinghouse for information pertaining to and of interest to senior citizens and shall disseminate such information as is necessary to inform senior citizens of their rights and of governmental and nongovernmental services available to them.  

            [660.625.]  192.2253.  The senior citizen advocate shall maintain confidentiality with respect to all matters, including the identities of the complainants or witnesses coming before the senior citizen advocate unless the complainant consents to the use of his or her name in the course of the investigation.  

            197.101.  1.  The department of health and senior services shall promulgate rules to establish a schedule of fees to be paid by the applicant for the architectural plan review of new construction and alterations to health facilities under this chapter and chapter 198, RSMo.  The department of health and senior services shall have the authority to waive or reduce the plan review fees.  All fees provided for in this section shall be collected by the director of the department of health and senior services who shall deposit the same with the state treasurer for placement in the Missouri public health services fund as established in section 192.900, RSMo.  The provisions of section 33.080, RSMo, to the contrary notwithstanding, moneys in the fund shall not be transferred and placed to the credit of the general revenue at the end of the biennium, but shall be used, upon appropriation by the general assembly for the purpose of carrying out the provisions of this chapter and chapter 198, RSMo.

            2.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2006, shall be invalid and void.

            198.006.  As used in sections 198.003 to 198.186, unless the context clearly indicates otherwise, the following terms mean:

            (1)  "Abuse", the infliction of physical, sexual, or emotional injury or harm; including financial exploitation by any person, firm, or corporation;

            (2)  "Administrator", the person who is in general administrative charge of a facility;

            (3)  "Affiliate":

            (a)  With respect to a partnership, each partner thereof;

            (b)  With respect to a limited partnership, the general partner and each limited partner with an interest of five percent or more in the limited partnership;

            (c)  With respect to a corporation, each person who owns, holds or has the power to vote five percent or more of any class of securities issued by the corporation, and each officer and director;

            (d)  With respect to a natural person, any parent, child, sibling, or spouse of that person;

            (4)  "Department", the Missouri department of health and senior services;

            (5)  "Emergency", a situation, physical condition or one or more practices, methods or operations which presents imminent danger of death or serious physical or mental harm to residents of a facility;

            (6)  "Facility", any residential care facility I, residential care facility II, immediate care facility, or skilled nursing facility;

            (7)  "Health care provider", any person providing health care services or goods to residents and who receives funds in payment for such goods or services under Medicaid;

            (8)  "Intermediate care facility", any premises, other than a residential care facility I, residential care facility II, or skilled nursing facility, which is utilized by its owner, operator, or manager to provide twenty-four hour accommodation, board, personal care, and basic health and nursing care services under the daily supervision of a licensed nurse and under the direction of a licensed physician to three or more residents dependent for care and supervision and who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility;

            (9)  "Manager", any person other than the administrator of a facility who contracts or otherwise agrees with an owner or operator to supervise the general operation of a facility, providing such services as hiring and training personnel, purchasing supplies, keeping financial records, and making reports;

            (10)  "Medicaid", medical assistance under section 208.151, RSMo, et seq., in compliance with Title XIX, Public Law 89-97, 1965 amendments to the Social Security Act (42 U.S.C. 301 et seq.), as amended;

            (11)  "Neglect", the failure to provide, by those responsible for the care, custody, and control of a resident in a facility, the services which are reasonable and necessary to maintain the physical and mental health of the resident, when such failure presents either an imminent danger to the health, safety or welfare of the resident or a substantial probability that death or serious physical harm would result;

            (12)  "Operator", any person licensed or required to be licensed under the provisions of sections 198.003 to 198.096 in order to establish, conduct or maintain a facility;

            (13)  "Owner", any person who owns an interest of five percent or more in:

            (a)  The land on which any facility is located;

            (b)  The structure or structures in which any facility is located;

            (c)  Any mortgage, contract for deed, or other obligation secured in whole or in part by the land or structure in or on which a facility is located; or

            (d)  Any lease or sublease of the land or structure in or on which a facility is located.  

"Owner" does not include a holder of a debenture or bond purchased at public issue nor does it include any regulated lender unless the entity or person directly or through a subsidiary operates a facility;

            (14)  "Protective oversight", an awareness twenty-four hours a day of the location of a resident, the ability to intervene on behalf of the resident, the supervision of nutrition, medication, or actual provisions of care, and the responsibility for the welfare of the resident, except where the resident is on voluntary leave;

            (15)  "Resident", a person who by reason of aging, illness, disease, or physical or mental infirmity receives or requires care and services furnished by a facility and who resides or boards in or is otherwise kept, cared for, treated or accommodated in such facility for a period exceeding twenty-four consecutive hours;

            (16)  "Residential care facility I", any premises, other than a residential care facility II, intermediate care facility, or skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four hour care to three or more residents, who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility and who need or are provided with shelter, board, and with protective oversight, which may include storage and distribution or administration of medications and care during short-term illness or recuperation;

            (17)  "Residential care facility II", any premises, other than a residential care facility I, an intermediate care facility, or a skilled nursing facility, which is utilized by its owner, operator or manager to provide twenty-four hour accommodation, board, and care to three or more residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator, or manager of the facility, and who need or are provided with supervision of diets, assistance in personal care, storage and distribution or administration of medications, supervision of health care under the direction of a licensed physician, and protective oversight, including care during short-term illness or recuperation;

            (18)  "Skilled nursing facility", any premises, other than a residential care facility I, a residential care facility II, or an intermediate care facility, which is utilized by its owner, operator or manager to provide for twenty-four hour accommodation, board and skilled nursing care and treatment services to at least three residents who are not related within the fourth degree of consanguinity or affinity to the owner, operator or manager of the facility.  Skilled nursing care and treatment services are those services commonly performed by or under the supervision of a registered professional nurse for individuals requiring twenty-four hours a day care by licensed nursing personnel including acts of observation, care and counsel of the aged, ill, injured or infirm, the administration of medications and treatments as prescribed by a licensed physician or dentist, and other nursing functions requiring substantial specialized judgment and skill;

            (19)  "Vendor", any person selling goods or services to a health care provider;

            (20)  "Voluntary leave", an off-premise leave initiated by:

            (a)  A resident that has not been declared mentally incompetent or incapacitated by a court; or

            (b)  A legal guardian of a resident that has been declared mentally incompetent or incapacitated by a court.  

            198.090.  1.  An operator may make available to any resident the service of holding in trust personal possessions and funds of the resident and shall, as authorized by the resident, expend the funds to meet the resident's personal needs.  In providing this service the operator shall:

            (1)  At the time of admission, provide each resident or his next of kin or legal guardian with a written statement explaining the resident's rights regarding personal funds;

            (2)  Accept funds and personal possessions from or for a resident for safekeeping and management, only upon written authorization by the resident or by his designee, or guardian in the case of an adjudged incompetent;

            (3)  Deposit any personal funds received from or on behalf of a resident in an account separate from the facility's funds, except that an amount to be established by rule of the division of aging may be kept in a petty cash fund for the resident's personal needs;

            (4)  Keep a written account, available to a resident and his designee or guardian, maintained on a current basis for each resident, with written receipts, for all personal possessions and funds received by or deposited with the facility and for all disbursements made to or on behalf of the resident;

            (5)  Provide each resident or his designee or guardian with a quarterly accounting of all financial transactions made on behalf of the resident;

            (6)  Within five days of the discharge of a resident, provide the resident, or his designee or guardian, with an up-to-date accounting of the resident's personal funds and return to the resident the balance of his funds and all his personal possessions;

            (7)  Upon the death of a resident who has been a recipient of aid, assistance, care, services, or who has had moneys expended on his behalf by the department of social services, provide the department a complete account of all the resident's personal funds within sixty days from the date of death.  

 The total amount paid to the decedent or expended upon his behalf by the department shall be a debt due the state and recovered from the available funds upon the department's claim on such funds.  The department shall make a claim on the funds within sixty days from the date of the accounting of the funds by the facility.  The nursing facility shall pay the claim made by the department of social services from the resident's personal funds within sixty days.  Where the name and address are reasonably ascertainable, the department of social services shall give notice of the debt due the state to the person whom the recipient had designated to receive the quarterly accounting of all financial transactions made under this section, or the resident's guardian or conservator or the person or persons listed in nursing home records as a responsible party or the fiduciary of the resident's estate.  If any funds are available after the department's claim, the remaining provisions of this section shall apply to the balance, unless the funds belonged to a person other than the resident, in which case the funds shall be paid to that person;

            (8)  Upon the death of a resident who has not been a recipient of aid, assistance, care, services, or who has not had moneys expended on his behalf by the department of social services or the department has not made a claim on the funds, provide the fiduciary of resident's estate, at the fiduciary's request, a complete account of all the resident's personal funds and possessions and deliver to the fiduciary all possessions of the resident and the balance of the resident's funds.  If, after one year from the date of death, no fiduciary makes claim upon such funds or possessions, the operator shall notify the department that the funds remain unclaimed.  Such unclaimed funds or possessions shall be disposed of as follows:

            (a)  If the unclaimed funds or possessions have a value totaling one hundred and fifty dollars or less, the funds or the proceeds of the sale of the possessions may be deposited in a fund to be used for the benefit of all residents of the facility by providing the residents social or educational activities.  The facility shall keep an accounting of the acquisitions and expenditure of these funds; or

            (b)  If the unclaimed funds or possessions have a value greater than one hundred and fifty dollars, the funds or possessions shall be immediately presumed to be abandoned property under sections 447.500 to 447.585, RSMo, and the procedures provided for in those sections shall apply notwithstanding any other provisions of those sections which require a period greater than two years for a presumption of abandonment;

            (9)  Upon ceasing to be the operator of a facility, all funds and property held in trust pursuant to this section shall be transferred to the new operator in accordance with sound accounting principles, and a closeout report signed by both the outgoing operator and the successor operator shall be prepared.  The closeout report shall include a list of current balances of all funds held for residents respectively and an inventory of all property held for residents respectively.  If the outgoing operator refuses to sign the closeout report, he shall state in writing the specific reasons for his failure to so sign, and the successor operator shall complete the report and attach an affidavit stating that the information contained therein is true to the best of his knowledge and belief.  Such report shall be retained with all other records and accounts required to be maintained under this section;

            (10)  Not be required to invest any funds received from or on behalf of a resident, nor to increase the principal of any such funds.  

            2.  Any owner, operator, manager, employee, or affiliate of an owner or operator who receives any personal property or anything else of value from a resident, shall, if the thing received has a value of ten dollars or more, make a written statement giving the date it was received, from whom it was received, and its estimated value.  Statements required to be made pursuant to this subsection shall be retained by the operator and shall be made available for inspection by the department, or by the department of mental health when the resident has been placed by that department, and by the resident, and his designee or legal guardian.  Any person who fails to make a statement required by this subsection is guilty of a class C misdemeanor.  

            3.  No owner, operator, manager, employee, or affiliate of an owner or operator shall in one calendar year receive any personal property or anything else of value from the residents of any facility which have a total estimated value in excess of one hundred dollars.  

            4.  Subsections 2 and 3 of this section shall not apply if the property or other thing of value is held in trust in accordance with subsection 1 of this section, is received in payment for services rendered or pursuant to the terms of a lawful contract, or is received from a resident who is related to the recipient within the fourth degree of consanguinity or affinity.  

            5.  Any operator who fails to maintain records or who fails to maintain any resident's personal funds in an account separate from the facility's funds as required by this section shall be guilty of a class C misdemeanor.  

            6.  Any operator, or any affiliate or employee of an operator, who puts to his own use or the use of the facility or otherwise diverts from the resident's use any personal funds of the resident shall be guilty of a class A misdemeanor.  

            [7.  Any person having reasonable cause to believe that a misappropriation of a resident's funds or property has occurred may report such information to the department.  

            8.  For each report the division shall attempt to obtain the name and address of the facility, the name of the facility employee, the name of the resident, information regarding the nature of the misappropriation, the name of the complainant, and any other information which might be helpful in an investigation.  

            9.  Upon receipt of a report, the department shall initiate an investigation.  

            10.  If the investigation indicates probable misappropriation of property or funds of a resident, the investigator shall refer the complaint together with his report to the department director or his designee for appropriate action.  

            11.  Reports shall be confidential, as provided under section 660.320, RSMo.  

            12.  Anyone, except any person participating in or benefiting from the misappropriation of funds, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.  

            13.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.  

            14.  No person who directs or exercises any authority in a facility shall evict, harass, dismiss or retaliate against a resident or employee because he or any member of his family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the facility which he has reasonable cause to believe has been committed or has occurred.  

            15.  The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who have been finally determined by the department, pursuant to section 660.315, RSMo, to have misappropriated any property or funds of a resident while employed in any facility.]

            198.532.  1.  Complaints filed with the department of health and senior services against a long-term care facility which allege that harm has occurred or is likely to occur to a resident or residents of the facility due to actions or the lack of actions taken by the facility shall be investigated within thirty days of receipt of such complaints.  The purpose of such investigation shall be to ensure the safety, protection and care of all residents of the facility likely to be affected by the alleged action or inaction.  Such investigation shall be in addition to the investigation requirements for abuse and neglect reports pursuant to section [198.070] 192.2150, RSMo.  

            2.  The department shall provide the results of all investigations in accordance with section [660.320] 192.2150, RSMo.  The department shall provide the results of such investigation in writing to all parties to the complaint, and if requested, to any of the facility's residents, or their family members or guardians.  Complaints and written results will be readily available for public access and review at the department of health and senior services and at the long-term care facility.  Personal information identifying the resident will be blanked out, except in regard to immediate family, the attorney-in-fact or the legal guardian of the resident in question.  This information will remain readily available for a period of time determined by the department of health and senior services.

            [660.600.]  198.700.  As used in sections [660.600 to 660.608] 198.700 to 198.708, the following terms mean:

            (1)  "Division", the division of aging of the department of [social] health and senior services;

            (2)  "Long-term care facility", any facility licensed pursuant to chapter 198, RSMo, and long-term care facilities connected with hospitals licensed pursuant to chapter 197, RSMo;

            (3)  "Office", the office of the state ombudsman for long-term care facility residents;

            (4)  "Ombudsman", the state ombudsman for long-term care facility residents;

            (5)  "Regional ombudsman coordinators", designated individuals working for, or under contract with, the area agencies on aging, and who are so designated by the area agency on aging and certified by the ombudsman as meeting the qualifications established by the [division] department;

(6)  "Resident", any person who is receiving care or treatment in a long-term care facility.

            [660.603.]  198.703.  1.  There is hereby established within the department of health and senior services the "Office of State Ombudsman for Long-Term Care Facility Residents", for the purpose of helping to assure the adequacy of care received by residents of long-term care facilities and to improve the quality of life experienced by them, in accordance with the federal Older Americans Act, 42 U.S.C. 3001, et seq.  

            2.  The office shall be administered by the state ombudsman, who shall devote his or her entire time to the duties of his or her position.  

            3.  The office shall establish and implement procedures for receiving, processing, responding to, and resolving complaints made by or on behalf of residents of long-term care facilities relating to action, inaction, or decisions of providers, or their representatives, of long-term care services, of public agencies or of social service agencies, which may adversely affect the health, safety, welfare or rights of such residents.  

            4.  The department shall establish and implement procedures for resolution of complaints.  The ombudsman or representatives of the office shall have the authority to:

            (1)  Enter any long-term care facility and have access to residents of the facility at a reasonable time and in a reasonable manner.  The ombudsman shall have access to review resident records, if given permission by the resident or the resident's legal guardian.  Residents of the facility shall have the right to request, deny, or terminate visits with an ombudsman;

            (2)  Make the necessary inquiries and review such information and records as the ombudsman or representative of the office deems necessary to accomplish the objective of verifying these complaints.  

            5.  The office shall acknowledge complaints, report its findings, make recommendations, gather and disseminate information and other material, and publicize its existence.  

            6.  The ombudsman may recommend to the relevant governmental agency changes in the rules and regulations adopted or proposed by such governmental agency which do or may adversely affect the health, safety, welfare, or civil or human rights of any resident in a facility.  The office shall analyze and monitor the development and implementation of federal, state and local laws, regulations and policies with respect to long-term care facilities and services in the state and shall recommend to the department changes in such laws, regulations and policies deemed by the office to be appropriate.  

            7.  The office shall promote community contact and involvement with residents of facilities through the use of volunteers and volunteer programs directed by the regional ombudsman coordinators.  

            8.  The office shall develop and establish by regulation of the department statewide policies and standards for implementing the activities of the ombudsman program, including the qualifications and the training of regional ombudsman coordinators and ombudsman volunteers.

            9.  The office shall develop and propose programs for use, training and coordination of volunteers in conjunction with the regional ombudsman coordinators and may:

            (1)  Establish and conduct recruitment programs for volunteers;

            (2)  Establish and conduct training seminars, meetings and other programs for volunteers; and

            (3)  Supply personnel, written materials and such other reasonable assistance, including publicizing their activities, as may be deemed necessary.  

            10.  The regional ombudsman coordinators and ombudsman volunteers shall have the authority to report instances of abuse and neglect to the ombudsman hotline operated by the department.  

            11.  If the regional ombudsman coordinator or volunteer finds that a nursing home administrator is not willing to work with the ombudsman program to resolve complaints, the state ombudsman shall be notified.  The department shall establish procedures by rule in accordance with chapter 536, RSMo, for implementation of this subsection.  

            12.  The office shall prepare and distribute to each facility written notices which set forth the address and telephone number of the office, a brief explanation of the function of the office, the procedure to follow in filing a complaint and other pertinent information.  

            13.  The administrator of each facility shall ensure that such written notice is given to every resident or the resident's guardian upon admission to the facility and to every person already in residence, or to his guardian.  The administrator shall also post such written notice in a conspicuous, public place in the facility in the number and manner set forth in the regulations adopted by the department.  

            14.  The office shall inform residents, their guardians or their families of their rights and entitlements under state and federal laws and rules and regulations by means of the distribution of educational materials and group meetings.  

            [660.605.]  198.705.  1.  Any files maintained by the ombudsman program shall be disclosed only at the discretion of the ombudsman having authority over the disposition of such files, except that the identity of any complainant or resident of a long-term care facility shall not be disclosed by such ombudsman unless:

            (1)  Such complainant or resident, or the complainant's or resident's legal representative, consents in writing to such disclosure; or

            (2)  Such disclosure is required by court order.  

            2.  Any representative of the office conducting or participating in any examination of a complaint who shall knowingly and willfully disclose to any person other than the office, or those authorized by the office to receive it, the name of any witness examined or any information obtained or given upon such examination, shall be guilty of a class A misdemeanor.  However, the ombudsman conducting or participating in any examination of a complaint shall disclose the final result of the examination to the facility with the consent of the resident.  

            3.  Any statement or communication made by the office relevant to a complaint received by, proceedings before or activities of the office and any complaint or information made or provided in good faith by any person, shall be absolutely privileged and such person shall be immune from suit.  

            4.  The office shall not be required to testify in any court with respect to matters held to be confidential in this section except as the court may deem necessary to enforce the provisions of sections [660.600 to 660.608] 198.700 to 198.708, or where otherwise required by court order.  

            [660.608.]  198.708.  1.  Any regional coordinator or local program staff, whether an employee or an unpaid volunteer, shall be treated as a representative of the office.  No representative of the office shall be held liable for good faith performance of his or her official duties under the provisions of sections [660.600 to 660.608] 198.700 to 198.708 and shall be immune from suit for the good faith performance of such duties.  Every representative of the office shall be considered a state employee under section 105.711, RSMo.  

            2.  No reprisal or retaliatory action shall be taken against any resident or employee of a long-term care facility for any communication made or information given to the office.  Any person who knowingly or willfully violates the provisions of this subsection shall be guilty of a class A misdemeanor.  Any person who serves or served on a quality assessment and assurance committee required under 42 U.S.C. sec. 1396r(b)(1)(B) and 42 CFR sec. 483.75(r), or as amended, shall be immune from civil liability only for acts done directly as a member of such committee so long as the acts are performed in good faith, without malice and are required by the activities of such committee as defined in 42 CFR sec. 483.75(r).  

            208.909.  1.  Consumers receiving personal care assistance services shall be responsible for:

            (1)  Supervising their personal care attendant;

            (2)  Verifying wages to be paid to the personal care attendant;

            (3)  Preparing and submitting time sheets, signed by both the consumer and personal care attendant, to the vendor on a biweekly basis;

            (4)  Promptly notifying the department within ten days of any changes in circumstances affecting the personal care assistance services plan or in the consumer's place of residence; and

            (5)  Reporting any problems resulting from the quality of services rendered by the personal care attendant to the vendor.  If the consumer is unable to resolve any problems resulting from the quality of service rendered by the personal care attendant with the vendor, the consumer shall report the situation to the department.  

            2.  Participating vendors shall be responsible for:

            (1)  Collecting time sheets and certifying their accuracy;

            (2)  The Medicaid reimbursement process, including the filing of claims and reporting data to the department as required by rule;

            (3)  Transmitting the individual payment directly to the personal care attendant on behalf of the consumer;

            (4)  Monitoring the performance of the personal care assistance services plan.  

            3.  No state or federal financial assistance shall be authorized or expended to pay for services provided to a consumer under sections 208.900 to 208.927, if the primary benefit of the services is to the household unit, or is a household task that the members of the consumer's household may reasonably be expected to share or do for one another when they live in the same household, unless such service is above and beyond typical activities household members may reasonably provide for another household member without a disability.  

            4.  No state or federal financial assistance shall be authorized or expended to pay for personal care assistance services provided by a personal care attendant who is listed on the employee disqualification list maintained by the department of health and senior services under section 192.2150, RSMo, or any of the background check lists in the family care safety registry under sections 210.900 to 210.937, RSMo, unless a good cause waiver is first obtained from the department in accordance with section [660.317] 192.2178, RSMo.

            208.912.  1.  [When any adult day care worker; chiropractor, Christian Science practitioner, coroner, dentist, embalmer, employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; vendor as defined in section 208.900; personal care attendant; or social worker has reasonable cause to believe that a consumer has been abused or neglected as defined in section 660.250, RSMo, as a result of the delivery of or failure to deliver personal care assistance services, he or she shall immediately report or cause a report to be made to the department.  If the report is made by a physician of the consumer, the department shall maintain contact with the physician regarding the progress of the investigation.  

            2.]  When a report of deteriorating physical condition resulting in possible abuse or neglect of a consumer is received by the department, the department's case manager and the department nurse shall be notified.  The case manager shall investigate and immediately report the results of the investigation to the department nurse.  

            [3.]  2.  If requested, local area agencies on aging shall provide volunteer training to those persons listed in subsection 1 of this section regarding the detection and reporting of abuse and neglect under this section.  

            [4.  Any person required in subsection 1 of this section to report or cause a report to be made to the department who fails to do so within a reasonable time after the act of abuse or neglect is guilty of a class A misdemeanor.  

            5.  The report shall contain the names and addresses of the vendor, the personal care attendant, and the consumer, and information regarding the nature of the abuse or neglect, the name of the complainant, and any other information which might be helpful in an investigation.  

            6.  In addition to those persons required to report under subsection 1 of this section, any other person having reasonable cause to believe that a consumer has been abused or neglected by a personal care attendant may report such information to the department.  

            7.  If the investigation indicates possible abuse or neglect of a consumer, the investigator shall refer the complaint together with his or her report to the department director or his or her designee for appropriate action.  If, during the investigation or at its completion, the department has reasonable cause to believe that immediate action is necessary to protect the consumer from abuse or neglect, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the consumer in a circuit court of competent jurisdiction.  The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of consumer, for a period not to exceed thirty days.  

            8.  Reports shall be confidential, as provided under section 660.320, RSMo.  

            9.  Anyone, except any person who has abused or neglected a consumer, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying, except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.  

            10.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified of its receipt and of the initiation of the investigation.  

            11.  No person who directs or exercises any authority as a vendor, and no personal care attendant, shall harass, dismiss or retaliate against a consumer because he or she or any member of his or her family has made a report of any violation or suspected violation of laws, standards or regulations applying to the vendor or personal care attendant which he or she has reasonable cause to believe has been committed or has occurred.  

            12.  The department shall place on the employee disqualification list established in section 660.315, RSMo, the names of any persons who have been finally determined by the department to have recklessly, knowingly or purposely abused or neglected a consumer while employed by a vendor, or employed by a consumer as a personal care attendant.  

            13.  The department shall provide the list maintained pursuant to section 660.315, RSMo, to vendors as defined in section 208.900.  

            14.  Any person, corporation or association who received the employee disqualification list under subsection 13 of this section, or any person responsible for providing health care service, who declines to employ or terminates a person whose name is listed in this section shall be immune from suit by that person or anyone else acting for or in behalf of that person for the failure to employ or for the termination of the person whose name is listed on the employee disqualification list.]

            210.145.  1.  The division shall develop protocols which give priority to:

            (1)  Ensuring the well-being and safety of the child in instances where child abuse or neglect has been alleged;

            (2)  Promoting the preservation and reunification of children and families consistent with state and federal law;

            (3)  Providing due process for those accused of child abuse or neglect; and

            (4)  Maintaining an information system operating at all times, capable of receiving and maintaining reports.  This information system shall have the ability to receive reports over a single, statewide toll-free number.  Such information system shall maintain the results of all investigations, family assessments and services, and other relevant information.  

            2.  The division shall utilize structured decision-making protocols for classification purposes of all child abuse and neglect reports.  The protocols developed by the division shall give priority to ensuring the well-being and safety of the child.  All child abuse and neglect reports shall be initiated within twenty-four hours and shall be classified based upon the reported risk and injury to the child.  The division shall promulgate rules regarding the structured decision-making protocols to be utilized for all child abuse and neglect reports.  

            3.  Upon receipt of a report, the division shall determine if the report merits investigation, including reports which if true would constitute a suspected violation of any of the following: section 565.020, 565.021, 565.023, 565.024, or 565.050, RSMo, if the victim is a child less than eighteen years of age, section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or other crimes under chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, section 567.050, RSMo, if the victim is a child less than eighteen years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, section 573.025, 573.035, 573.037, or 573.040, RSMo, or an attempt to commit any such crimes.  The division shall immediately communicate all reports that merit investigation to its appropriate local office and any relevant information as may be contained in the information system.  The local division staff shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation.  The protocols developed by the division shall give priority to ensuring the well-being and safety of the child.  

            4.  The local office shall contact the appropriate law enforcement agency immediately upon receipt of a report which division personnel determine merits an investigation and provide such agency with a detailed description of the report received.  In such cases the local division office shall request the assistance of the local law enforcement agency in all aspects of the investigation of the complaint.  The appropriate law enforcement agency shall either assist the division in the investigation or provide the division, within twenty-four hours, an explanation in writing detailing the reasons why it is unable to assist.  

            5.  The local office of the division shall cause an investigation or family assessment and services approach to be initiated in accordance with the protocols established in subsection 2 of this section, except in cases where the sole basis for the report is educational neglect.  If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation shall be initiated within seventy-two hours of receipt of the report.  If the report indicates the child is in danger of serious physical harm or threat to life, an investigation shall include direct observation of the subject child within twenty-four hours of the receipt of the report.  Local law enforcement shall take all necessary steps to facilitate such direct observation.  If the parents of the child are not the alleged abusers, a parent of the child must be notified prior to the child being interviewed by the division.  If the abuse is alleged to have occurred in a school or child-care facility the division shall not meet with the child in any school building or child-care facility building where abuse of such child is alleged to have occurred.  When the child is reported absent from the residence, the location and the well-being of the child shall be verified.  For purposes of this subsection, "child-care facility" shall have the same meaning as such term is defined in section 210.201.  

            6.  The director of the division shall name at least one chief investigator for each local division office, who shall direct the division response on any case involving a second or subsequent incident regarding the same subject child or perpetrator.  The duties of a chief investigator shall include verification of direct observation of the subject child by the division and shall ensure information regarding the status of an investigation is provided to the public school district liaison.  The public school district liaison shall develop protocol in conjunction with the chief investigator to ensure information regarding an investigation is shared with appropriate school personnel.  The superintendent of each school district shall designate a specific person or persons to act as the public school district liaison.  Should the subject child attend a nonpublic school the chief investigator shall notify the school principal of the investigation.  Upon notification of an investigation, all information received by the public school district liaison or the school shall be subject to the provisions of the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34 C.F.R., Part 99.  

            7.  The investigation shall include but not be limited to the nature, extent, and cause of the abuse or neglect; the identity and age of the person responsible for the abuse or neglect; the names and conditions of other children in the home, if any; the home environment and the relationship of the subject child to the parents or other persons responsible for the child's care; any indication of incidents of physical violence against any other household or family member; and other pertinent data.  

            8.  When a report has been made by a person required to report under section 210.115, the division shall contact the person who made such report within forty-eight hours of the receipt of the report in order to ensure that full information has been received and to obtain any additional information or medical records, or both, that may be pertinent.  

            9.  Upon completion of the investigation, if the division suspects that the report was made maliciously or for the purpose of harassment, the division shall refer the report and any evidence of malice or harassment to the local prosecuting or circuit attorney.  

            10.  Multidisciplinary teams shall be used whenever conducting the investigation as determined by the division in conjunction with local law enforcement.  Multidisciplinary teams shall be used in providing protective or preventive social services, including the services of law enforcement, a liaison of the local public school, the juvenile officer, the juvenile court, and other agencies, both public and private.  

            11.  For all family support team meetings involving an alleged victim of child abuse or neglect, the parents, legal counsel for the parents, foster parents, the legal guardian or custodian of the child, the guardian ad litem for the child, and the volunteer advocate for the child shall be provided notice and be permitted to attend all such meetings.  Family members, other than alleged perpetrators, or other community informal or formal service providers that provide significant support to the child and other individuals may also be invited at the discretion of the parents of the child.  In addition, the parents, the legal counsel for the parents, the legal guardian or custodian and the foster parents may request that other individuals, other than alleged perpetrators, be permitted to attend such team meetings.  Once a person is provided notice of or attends such team meetings, the division or the convenor of the meeting shall provide such persons with notice of all such subsequent meetings involving the child.  Families may determine whether individuals invited at their discretion shall continue to be invited.  

            12.  If the appropriate local division personnel determine after an investigation has begun that completing an investigation is not appropriate, the division shall conduct a family assessment and services approach.  The division shall provide written notification to local law enforcement prior to terminating any investigative process.  The reason for the termination of the investigative process shall be documented in the record of the division and the written notification submitted to local law enforcement.  Such notification shall not preclude nor prevent any investigation by law enforcement.  

            13.  If the appropriate local division personnel determines to use a family assessment and services approach, the division shall:

            (1)  Assess any service needs of the family.  The assessment of risk and service needs shall be based on information gathered from the family and other sources;

            (2)  Provide services which are voluntary and time-limited unless it is determined by the division based on the assessment of risk that there will be a high risk of abuse or neglect if the family refuses to accept the services.  The division shall identify services for families where it is determined that the child is at high risk of future abuse or neglect.  The division shall thoroughly document in the record its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the division may commence an investigation;

            (3)  Commence an immediate investigation if at any time during the family assessment and services approach the division determines that an investigation, as delineated in sections 210.109 to 210.183, is required.  The division staff who have conducted the assessment may remain involved in the provision of services to the child and family;

            (4)  Document at the time the case is closed, the outcome of the family assessment and services approach, any service provided and the removal of risk to the child, if it existed.  

            14.  Within thirty days of an oral report of abuse or neglect, the local office shall update the information in the information system.  The information system shall contain, at a minimum, the determination made by the division as a result of the investigation, identifying information on the subjects of the report, those responsible for the care of the subject child and other relevant dispositional information.  The division shall complete all investigations within thirty days, unless good cause for the failure to complete the investigation is documented in the information system.  If during a pending investigation, a death of a child involved in the investigation occurs, the investigation may remain open until the division's investigation surrounding the death is completed.  If the investigation is not completed within thirty days, the information system shall be updated at regular intervals and upon the completion of the investigation.  The information in the information system shall be updated to reflect any subsequent findings, including any changes to the findings based on an administrative or judicial hearing on the matter.  

            15.  A person required to report under section 210.115 to the division and any person making a report of child abuse or neglect made to the division which is not made anonymously shall be informed by the division of his or her right to obtain information concerning the disposition of his or her report.  Such person shall receive, from the local office, if requested, information on the general disposition of his or her report.  Such person may receive, if requested, findings and information concerning the case.  Such release of information shall be at the discretion of the director based upon a review of the reporter's ability to assist in protecting the child or the potential harm to the child or other children within the family.  The local office shall respond to the request within forty-five days.  The findings shall be made available to the reporter within five days of the outcome of the investigation.  If the report is determined to be unsubstantiated, the reporter may request that the report be referred by the division to the office of child advocate for children's protection and services established in sections 37.700 to 37.730, RSMo.  Upon request by a reporter under this subsection, the division shall refer an unsubstantiated report of child abuse or neglect to the office of child advocate for children's protection and services.  

            16.  In any judicial proceeding involving the custody of a child the fact that a report may have been made pursuant to sections 210.109 to 210.183 shall not be admissible.  However:

            (1)  Nothing in this subsection shall prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made; and

            (2)  The court may on its own motion, or shall if requested by a party to the proceeding, make an inquiry not on the record with the children's division to determine if such a report has been made.  If a report has been made, the court may stay the custody proceeding until the children's division completes its investigation.

            17.  In any judicial proceeding involving the custody of a child where the court determines that the child is in need of services pursuant to subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken jurisdiction, the child's parent, guardian or custodian shall not be entered into the registry.  

            18.  The children's division is hereby granted the authority to promulgate rules and regulations pursuant to the provisions of section 207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of sections 210.109 to 210.183.  

            19.  Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.  This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.  

            210.183.  1.  At the time of the initial investigation of a report of child abuse or neglect, the division employee conducting the investigation shall provide the alleged perpetrator with a written description of the investigation process.  Such written notice shall be given substantially in the following form:

            "The investigation is being undertaken by the Children's Division pursuant to the requirements of chapter 210 of the Revised Missouri Statutes in response to a report of child abuse or neglect.  

            The identity of the person who reported the incident of abuse or neglect is confidential and may not even be known to the Division since the report could have been made anonymously.  

            This investigation is required by law to be conducted in order to enable the Children's Division to identify incidents of abuse or neglect in order to provide protective or preventive social services to families who are in need of such services.  

            The division shall make every reasonable attempt to complete the investigation within thirty days, except if during a pending investigation a death of a child involved in the investigation occurs, the investigation may remain open until the division's investigation surrounding the death is completed.  Otherwise, within ninety days you will receive a letter from the Division which will inform you of one of the following:

            (1)  That the Division has found insufficient evidence of abuse or neglect; or

            (2)  That there appears to be by a preponderance of the evidence reason to suspect the existence of child abuse or neglect in the judgment of the Division and that the Division will contact the family to offer social services.  

            If the Division finds by a preponderance of the evidence reason to believe child abuse or neglect has occurred or the case is substantiated by court adjudication, a record of the report and information gathered during the investigation will remain on file with the Division.  

            If you disagree with the determination of the Division and feel that there is insufficient reason to believe by a preponderance of the evidence that abuse or neglect has occurred, you have a right to request an administrative review at which time you may hire an attorney to represent you.  If you request an administrative review on the issue, you will be notified of the date and time of your administrative review hearing by the child abuse and neglect review board. If the Division's decision is reversed by the child abuse and neglect review board, the Division records concerning the report and investigation will be updated to reflect such finding.  If the child abuse and neglect review board upholds the Division's decision, an appeal may be filed in circuit court within sixty days of the child abuse and neglect review board's decision."

            2.  If the division uses the family assessment approach, the division shall at the time of the initial contact provide the parent of the child with the following information:

            (1)  The purpose of the contact with the family;

            (2)  The name of the person responding and his or her office telephone number;

            (3)  The assessment process to be followed during the division's intervention with the family including the possible services available and expectations of the family.

            210.482.  1.  If the emergency placement of a child in a private home is necessary due to the unexpected absence of the child's parents, legal guardian, or custodian, the juvenile court or children's division:

            (1)  May request that a local or state law enforcement agency or juvenile officer, subject to any required federal authorization, immediately conduct a name-based criminal history record check to include full orders of protection and outstanding warrants of each person over the age of seventeen residing in the home by using the Missouri uniform law enforcement system (MULES) and the National Crime Information Center to access the Interstate Identification Index maintained by the Federal Bureau of Investigation; and

            (2)  Shall determine or, in the case of the juvenile court, shall request the division to determine whether any person over the age of seventeen years residing in the home is listed on the child abuse and neglect registry.  

For any children less than seventeen years of age residing in the home, the children's division shall inquire of the person with whom an emergency placement of a child will be made whether any children less than seventeen years of age residing in the home have ever been certified as an adult and convicted of or pled guilty or nolo contendere to any crime.  

            2.  If a name-based search has been conducted pursuant to subsection 1 of this section, within fifteen [business] calendar days after the emergency placement of the child in the private home, and if the private home has not previously been approved as a foster or adoptive home, all persons over the age of seventeen residing in the home and all children less than seventeen residing in the home who the division has determined have been certified as an adult for the commission of a crime, [other than persons within the second degree of consanguinity and affinity to the child,] shall report to a local law enforcement agency for the purpose of providing two sets of fingerprints each and accompanying fees, pursuant to section 43.530, RSMo.  One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.  Results of the checks will be provided to the juvenile court or children's division office requesting such information.  Any child placed in emergency placement in a private home shall be removed immediately if any person residing in the home fails to provide fingerprints after being requested to do so, unless the person refusing to provide fingerprints ceases to reside in the private home.  

            3.  If the placement of a child is denied as a result of a name-based criminal history check and the denial is contested, all persons over the age of seventeen residing in the home and all children less than seventeen years of age residing in the home who the division has determined have been certified as an adult for the commission of a crime shall, within fifteen [business] calendar days, submit to the juvenile court or the children's division two sets of fingerprints in the same manner described in subsection 2 of this section, accompanying fees, and written permission authorizing the juvenile court or the children's division to forward the fingerprints to the state criminal record repository for submission to the Federal Bureau of Investigation.  One set of fingerprints shall be used by the highway patrol to search the criminal history repository and the second set shall be forwarded to the Federal Bureau of Investigation for searching the federal criminal history files.  

            4.  Subject to appropriation, the total cost of fingerprinting required by this section may be paid by the state, including reimbursement of persons incurring fingerprinting costs under this section.  

            5.  For the purposes of this section, "emergency placement" refers to those limited instances when the juvenile court or children's division is placing a child in the home of private individuals, including neighbors, friends, or relatives, as a result of a sudden unavailability of the child's primary caretaker.

            210.565.  1.  Whenever a child is placed in a foster home and the court has determined pursuant to subsection 3 of this section that foster home placement with relatives is not contrary to the best interest of the child, the children's division shall give foster home placement to relatives of the child.  Notwithstanding any rule of the division to the contrary, grandparents who request consideration shall be given preference and first consideration for foster home placement.  Preference for placement with relatives shall not apply when the parent has consented in writing to the termination of his or her parental rights in conjunction with a placement with a licensed child placing agency under subsection 6 of section 453.010, RSMo.

            2.  As used in this section, the term "relative" means a person related to another by blood or affinity within the third degree.  The status of a grandparent shall not be affected by the death or the dissolution of the marriage of a son or daughter.  

            3.  The preference for placement with relatives created by this section shall only apply where the court finds that placement with such relatives is not contrary to the best interest of the child considering all circumstances.  If the court finds that it is contrary to the best interest of a child to be placed with relatives, the court shall make specific findings on the record detailing the reasons why the best interests of the child necessitate placement of the child with persons other than relatives.  

            4.  The age of the child's relative shall not be the only factor that the children's division takes into consideration when it makes placement decisions and recommendations to the court about placing the child with such relative.  

            5.  For any Native American child placed in protective custody, the children's division shall comply with the placement requirements set forth in 25 U.S.C. Section 1915.

            210.570.  This interstate compact for juveniles is entered with all jurisdictions legally joining the compact in the form substantially as follows:

THE INTERSTATE COMPACT FOR JUVENILES

ARTICLE I

PURPOSE

            The compacting states to this Interstate Compact recognize that each state is responsible for the proper supervision or return of juveniles, delinquents and status offenders who are on probation or parole and who have absconded, escaped or run away from supervision and control and in so doing have endangered their own safety and the safety of others.  The compacting states also recognize that each state is responsible for the safe return of juveniles who have run away from home and in doing so have left their state of residence.  The compacting states also recognize that Congress, by enacting the Crime Control Act, 4 U.S.C. Section 112 (1965), has authorized and encouraged compacts for cooperative efforts and mutual assistance in the prevention of crime.

            It is the purpose of this compact, through means of joint and cooperative action among the compacting states to: (A) ensure that the adjudicated juveniles and status offenders subject to this compact are provided adequate supervision and services in the receiving state as ordered by the adjudicating judge or parole authority in the sending state; (B) ensure that the public safety interests of the citizens, including the victims of juvenile offenders, in both the sending and receiving states are adequately protected; (C) return juveniles who have run away, absconded or escaped from supervision or control or have been accused of an offense to the state requesting their return; (D) make contracts for the cooperative institutionalization in public facilities in member states for delinquent youth needing special services; (E) provide for the effective tracking and supervision of juveniles; (F) equitably allocate the costs, benefits and obligations of the compacting states; (G) establish procedures to manage the movement between states of juvenile offenders released to the community under the jurisdiction of courts, juvenile departments, or any other criminal or juvenile justice agency which has jurisdiction over juvenile offenders; (H) insure immediate notice to jurisdictions where defined offenders are authorized to travel or to relocate across state lines; (I) establish procedures to resolve pending charges (detainers) against juvenile offenders prior to transfer or release to the community under the terms of this compact; (J) establish a system of uniform data collection on information pertaining to juveniles subject to this compact that allows access by authorized juvenile justice and criminal justice officials, and regular reporting of Compact activities to heads of state executive, judicial, and legislative branches and juvenile and criminal justice administrators; (K) monitor compliance with rules governing interstate movement of juveniles and initiate interventions to address and correct non-compliance; (L) coordinate training and education regarding the regulation of interstate movement of juveniles for officials involved in such activity; and (M) coordinate the implementation and operation of the compact with the Interstate Compact for the Placement of Children, the Interstate Compact for Adult Offender Supervision and other compacts affecting juveniles particularly in those cases where concurrent or overlapping supervision issues arise.  It is the policy of the compacting states that the activities conducted by the Interstate Commission created herein are the formation of public policies and therefore are public business.  Furthermore, the compacting states shall cooperate and observe their individual and collective duties and responsibilities for the prompt return and acceptance of juveniles subject to the provisions of this compact.  The provisions of this compact shall be reasonably and liberally construed to accomplish the purposes and policies of the compact.

ARTICLE II

DEFINITIONS

            As used in this compact, unless the context clearly requires a different construction:

            A.  "Bylaws" means: those bylaws established by the Interstate Commission for its governance, or for directing or controlling its actions or conduct.

            B.  "Compact Administrator" means: the individual in each compacting state appointed pursuant to the terms of this compact, responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

            C.  "Compacting State" means: any state which has enacted the enabling legislation for this compact.

            D.  "Commissioner" means: the voting representative of each compacting state appointed pursuant to Article III of this compact.

            E.  "Court" means: any court having jurisdiction over delinquent, neglected, or dependent children.

            F.  "Deputy Compact Administrator" means: the individual, if any, in each compacting state appointed to act on behalf of a Compact Administrator pursuant to the terms of this compact responsible for the administration and management of the state's supervision and transfer of juveniles subject to the terms of this compact, the rules adopted by the Interstate Commission and policies adopted by the State Council under this compact.

            G.  "Interstate Commission" means: the Interstate Commission for Juveniles created by Article III of this compact.

            H.  "Juvenile" means: any person defined as a juvenile in any member state or by the rules of the Interstate Commission, including:

            (1)  Accused Delinquent - a person charged with an offense that, if committed by an adult, would be a criminal offense;

            (2)  Adjudicated Delinquent - a person found to have committed an offense that, if committed by an adult, would be a criminal offense;

            (3)  Accused Status Offender - a person charged with an offense that would not be a criminal offense if committed by an adult;

            (4)  Adjudicated Status Offender - a person found to have committed an offense that would not be a criminal offense if committed by an adult; and

            (5)  Non-Offender - a person in need of supervision who has not been accused or adjudicated a status offender or delinquent.

            I.  "Non-Compacting state" means: any state which has not enacted the enabling legislation for this compact.

            J.  "Probation or Parole" means: any kind of supervision or conditional release of juveniles authorized under the laws of the compacting states.

            K.  "Rule" means: a written statement by the Interstate Commission promulgated pursuant to Article VI of this compact that is of general applicability, implements, interprets or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the commission, and has the force and effect of statutory law in a compacting state, and includes the amendment, repeal, or suspension of an existing rule.

            L.  "State" means: a state of the United States, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands.

ARTICLE III

INTERSTATE COMMISSION FOR JUVENILES

            A.  The compacting states hereby create the "Interstate Commission for Juveniles." The commission shall be a body corporate and joint agency of the compacting states.  The commission shall have all the responsibilities, powers and duties set forth herein, and such additional powers as may be conferred upon it by subsequent action of the respective legislatures of the compacting states in accordance with the terms of this compact.

            B.  The Interstate Commission shall consist of commissioners appointed by the appropriate appointing authority in each state pursuant to the rules and requirements of each compacting state and in consultation with the State Council for Interstate Juvenile Supervision created hereunder.  The commissioner shall be the compact administrator, deputy compact administrator or designee from that state who shall serve on the Interstate Commission in such capacity under or pursuant to the applicable law of the compacting state.

            C.  In addition to the commissioners who are the voting representatives of each state, the Interstate Commission shall include individuals who are not commissioners, but who are members of interested organizations.  Such non-commissioner members must include a member of the national organizations of governors, legislators, state chief justices, attorneys general, Interstate Compact for Adult Offender Supervision, Interstate Compact for the Placement of Children, juvenile justice and juvenile corrections officials, and crime victims.  All non-commissioner members of the Interstate Commission shall be ex-officio (non-voting) members.  The Interstate Commission may provide in its bylaws for such additional ex-officio (non-voting) members, including members of other national organizations, in such numbers as shall be determined by the commission.

            D.  Each compacting state represented at any meeting of the commission is entitled to one vote.  A majority of the compacting states shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission.

            E.  The commission shall meet at least once each calendar year.  The chairperson may call additional meetings and, upon the request of a simple majority of the compacting states, shall call additional meetings.  Public notice shall be given of all meetings and meetings shall be open to the public.

            F.  The Interstate Commission shall establish an executive committee, which shall include commission officers, members, and others as determined by the bylaws.  The executive committee shall have the power to act on behalf of the Interstate Commission during periods when the Interstate Commission is not in session, with the exception of rulemaking and/or amendment to the compact.  The executive committee shall oversee the day-to-day activities of the administration of the compact managed by an executive director and Interstate Commission staff; administers enforcement and compliance with the provisions of the compact, its bylaws and rules, and performs such other duties as directed by the Interstate Commission or set forth in the bylaws.

            G.  Each member of the Interstate Commission shall have the right and power to cast a vote to which that compacting state is entitled and to participate in the business and affairs of the Interstate Commission.  A member shall vote in person and shall not delegate a vote to another compacting state.  However, a commissioner, in consultation with the state council, shall appoint another authorized representative, in the absence of the commissioner from that state, to cast a vote on behalf of the compacting state at a specified meeting.  The bylaws may provide for members' participation in meetings by telephone or other means of telecommunication or electronic communication.

            H.  The Interstate Commission's bylaws shall establish conditions and procedures under which the Interstate Commission shall make its information and official records available to the public for inspection or copying.  The Interstate Commission may exempt from disclosure any information or official records to the extent they would adversely affect personal privacy rights or proprietary interests.

            I.  Public notice shall be given of all meetings and all meetings shall be open to the public, except as set forth in the Rules or as otherwise provided in the Compact.  The Interstate Commission and any of its committees may close a meeting to the public where it determines by two-thirds vote that an open meeting would be likely to:

            1.  Relate solely to the Interstate Commission's internal personnel practices and procedures;

            2.  Disclose matters specifically exempted from disclosure by statute;

            3.  Disclose trade secrets or commercial or financial information which is privileged or confidential;

            4.  Involve accusing any person of a crime, or formally censuring any person;

            5.  Disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

            6.  Disclose investigative records compiled for law enforcement purposes;

            7.  Disclose information contained in or related to examination, operating or condition reports prepared by, or on behalf of or for the use of, the Interstate Commission with respect to a regulated person or entity for the purpose of regulation or supervision of such person or entity;

            8.  Disclose information, the premature disclosure of which would significantly endanger the stability of a regulated person or entity; or

            9.  Specifically relate to the Interstate Commission's issuance of a subpoena, or its participation in a civil action or other legal proceeding.

            J.  For every meeting closed pursuant to this provision, the Interstate Commission's legal counsel shall publicly certify that, in the legal counsel's opinion, the meeting may be closed to the public, and shall reference each relevant exemptive provision.  The Interstate Commission shall keep minutes which shall fully and clearly describe all matters discussed in any meeting and shall provide a full and accurate summary of any actions taken, and the reasons therefore, including a description of each of the views expressed on any item and the record of any roll call vote (reflected in the vote of each member on the question).  All documents considered in connection with any action shall be identified in such minutes.

            K.  The Interstate Commission shall collect standardized data concerning the interstate movement of juveniles as directed through its rules which shall specify the data to be collected, the means of collection and data exchange and reporting requirements.  Such methods of data collection, exchange and reporting shall insofar as is reasonably possible conform to up-to-date technology and coordinate its information functions with the appropriate repository of records.

ARTICLE IV

POWERS AND DUTIES OF THE INTERSTATE COMMISSION

            The commission shall have the following powers and duties:

            1.  To provide for dispute resolution among compacting states.

            2.  To promulgate rules to effect the purposes and obligations as enumerated in this compact, which shall have the force and effect of statutory law and shall be binding in the compacting states to the extent and in the manner provided in this compact.

            3.  To oversee, supervise and coordinate the interstate movement of juveniles subject to the terms of this compact and any bylaws adopted and rules promulgated by the Interstate Commission.

            4.  To enforce compliance with the compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process.

            5.  To establish and maintain offices which shall be located within one or more of the compacting states.

            6.  To purchase and maintain insurance and bonds.

            7.  To borrow, accept, hire or contract for services of personnel.

            8.  To establish and appoint committees and hire staff which it deems necessary for the carrying out of its functions including, but not limited to, an executive committee as required by Article III which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties hereunder.

            9.  To elect or appoint such officers, attorneys, employees, agents, or consultants, and to fix their compensation, define their duties and determine their qualifications; and to establish the Interstate Commission's personnel policies and programs relating to, inter alia, conflicts of interest, rates of compensation, and qualifications of personnel.

            10.  To accept any and all donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of it.

            11.  To lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use any property, real, personal, or mixed.

            12.  To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal or mixed.

            13.  To establish a budget and make expenditures and levy dues as provided in Article VIII of this compact.

            14.  To sue and be sued.

            15.  To adopt a seal and bylaws governing the management and operation of the Interstate Commission.

            16.  To perform such functions as may be necessary or appropriate to achieve the purposes of this compact.

            17.  To report annually to the legislatures, governors, judiciary, and state councils of the compacting states concerning the activities of the Interstate Commission during the preceding year.  Such reports shall also include any recommendations that may have been adopted by the Interstate Commission.

            18.  To coordinate education, training and public awareness regarding the interstate movement of juveniles for officials involved in such activity.

            19.  To establish uniform standards of the reporting, collecting and exchanging of data.

            20.  The Interstate Commission shall maintain its corporate books and records in accordance with the Bylaws.

ARTICLE V

ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

            Section A.  Bylaws

            1.  The Interstate Commission shall, by a majority of the members present and voting, within twelve months after the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact, including, but not limited to:

            a.  Establishing the fiscal year of the Interstate Commission;

            b.  Establishing an executive committee and such other committees as may be necessary;

            c.  Provide for the establishment of committees governing any general or specific delegation of any authority or function of the Interstate Commission;

            d.  Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

            e.  Establishing the titles and responsibilities of the officers of the Interstate Commission;

            f.  Providing a mechanism for concluding the operations of the Interstate Commission and the return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

            g.  Providing "start-up" rules for initial administration of the compact; and

            h.  Establishing standards and procedures for compliance and technical assistance in carrying out the compact.

            Section B.  Officers and Staff

            1.  The Interstate Commission shall, by a majority of the members, elect annually from among its members a chairperson and a vice chairperson, each of whom shall have such authority and duties as may be specified in the bylaws.  The chairperson or, in the chairperson's absence or disability, the vice-chairperson shall preside at all meetings of the Interstate Commission.  The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any ordinary and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

            2.  The Interstate Commission shall, through its executive committee, appoint or retain an executive director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate.  The executive director shall serve as secretary to the Interstate Commission, but shall not be a Member and shall hire and supervise such other staff as may be authorized by the Interstate Commission.

            Section C.  Qualified Immunity, Defense and Indemnification

            1.  The commission's executive director and employees shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of or relating to any actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties, or responsibilities; provided, that any such person shall not be protected from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

            2.  The liability of any commissioner, or the employee or agent of a commissioner, acting within the scope of such person's employment or duties for acts, errors, or omissions occurring within such person's state may not exceed the limits of liability set forth under the Constitution and laws of that state for state officials, employees, and agents.  Nothing in this subsection shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

            3.  The Interstate Commission shall defend the executive director or the employees or representatives of the Interstate Commission and, subject to the approval of the Attorney General of the state represented by any commissioner of a compacting state, shall defend such commissioner or the commissioner's representatives or employees in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

            4.  The Interstate Commission shall indemnify and hold the commissioner of a compacting state, or the commissioner's representatives or employees, or the Interstate Commission's representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

ARTICLE VI

RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

            A.  The Interstate Commission shall promulgate and publish rules in order to effectively and efficiently achieve the purposes of the compact.

            B.  Rulemaking shall occur pursuant to the criteria set forth in this article and the bylaws and rules adopted pursuant thereto.  Such rulemaking shall substantially conform to the principles of the "Model State Administrative Procedures Act," 1981 Act, Uniform Laws Annotated, Vol. 15, p.1 (2000), or such other administrative procedures act, as the Interstate Commission deems appropriate consistent with due process requirements under the U.S. Constitution as now or hereafter interpreted by the U.S. Supreme Court.  All rules and amendments shall become binding as of the date specified, as published with the final version of the rule as approved by the commission.

            C.  When promulgating a rule, the Interstate Commission shall, at a minimum:

            1.  publish the proposed rule's entire text stating the reason(s) for that proposed rule;

            2.  allow and invite any and all persons to submit written data, facts, opinions and arguments, which information shall be added to the record, and be made publicly available;

            3.  provide an opportunity for an informal hearing if petitioned by ten (10) or more persons; and

            4.  promulgate a final rule and its effective date, if appropriate, based on input from state or local officials, or interested parties.

            D.  Allow, not later than sixty days after a rule is promulgated, any interested person to file a petition in the United States District Court for the District of Columbia or in the Federal District Court where the Interstate Commission's principal office is located for judicial review of such rule.  If the court finds that the Interstate Commission's action is not supported by substantial evidence in the rulemaking record, the court shall hold the rule unlawful and set it aside.  For purposes of this subsection, evidence is substantial if it would be considered substantial evidence under the Model State Administrative Procedures Act.

            E.  If a majority of the legislatures of the compacting states rejects a rule, those states may, by enactment of a statute or resolution in the same manner used to adopt the compact, cause that such rule shall have no further force and effect in any compacting state.

            F.  The existing rules governing the operation of the Interstate Compact on Juveniles superseded by this act shall be null and void twelve (12) months after the first meeting of the Interstate Commission created hereunder.

            G.  Upon determination by the Interstate Commission that a state-of-emergency exists, it may promulgate an emergency rule which shall become effective immediately upon adoption, provided that the usual rulemaking procedures provided hereunder shall be retroactively applied to said rule as soon as reasonably possible, but no later than ninety (90) days after the effective date of the emergency rule.

ARTICLE VII

OVERSIGHT, ENFORCEMENT AND DISPUTE RESOLUTION

BY THE INTERSTATE COMMISSION

            Section A.  Oversight

            1.  The Interstate Commission shall oversee the administration and operations of the interstate movement of juveniles subject to this compact in the compacting states and shall monitor such activities being administered in non-compacting states which may significantly affect compacting states.

            2.  The courts and executive agencies in each compacting state shall enforce this compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent.  The provisions of this compact and the rules promulgated hereunder shall be received by all the judges, public officers, commissions, and departments of the state government as evidence of the authorized statute and administrative rules.  All courts shall take judicial notice of the compact and the rules.  In any judicial or administrative proceeding in a compacting state pertaining to the subject matter of this compact which may affect the powers, responsibilities or actions of the Interstate Commission, it shall be entitled to receive all service of process in any such proceeding, and shall have standing to intervene in the proceeding for all purposes.

            Section B.  Dispute Resolution

            1.  The compacting states shall report to the Interstate Commission on all issues and activities necessary for the administration of the compact as well as issues and activities pertaining to compliance with the provisions of the compact and its bylaws and rules.

            2.  The Interstate Commission shall attempt, upon the request of a compacting state, to resolve any disputes or other issues which are subject to the compact and which may arise among compacting states and between compacting and non-compacting states.  The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes among the compacting states.

            3.  The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact using any or all means set forth in Article XI of this compact.

ARTICLE VIII

FINANCE

            A.  The Interstate Commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities.

            B.  The Interstate Commission shall levy on and collect an annual assessment from each compacting state to cover the cost of the internal operations and activities of the Interstate Commission and its staff which must be in a total amount sufficient to cover the Interstate Commission's annual budget as approved each year.  The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Interstate Commission, taking into consideration the population of each compacting state and the volume of interstate movement of juveniles in each compacting state and shall promulgate a rule binding upon all compacting states which governs said assessment.

            C.  The Interstate Commission shall not incur any obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Interstate Commission pledge the credit of any of the compacting states, except by and with the authority of the compacting state.

            D.  The Interstate Commission shall keep accurate accounts of all receipts and disbursements.  The receipts and disbursements of the Interstate Commission shall be subject to the audit and accounting procedures established under its bylaws.  However, all receipts and disbursements of funds handled by the Interstate Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Interstate Commission.

ARTICLE IX

THE STATE COUNCIL

            Each member state shall create a State Council for Interstate Juvenile Supervision.  While each state may determine the membership of its own state council, its membership must include at least one representative from the legislative, judicial, and executive branches of government, victims groups, and the compact administrator, deputy compact administrator or designee.  Each compacting state retains the right to determine the qualifications of the compact administrator or deputy compact administrator.  Each state council will advise and may exercise oversight and advocacy concerning that state's participation in Interstate Commission activities and other duties as may be determined by that state, including but not limited to, development of policy concerning operations and procedures of the compact within that state.

ARTICLE X

COMPACTING STATES, EFFECTIVE DATE AND AMENDMENT

            A.  Any state, the District of Columbia (or its designee), the Commonwealth of Puerto Rico, the U.S. Virgin Islands, Guam, American Samoa, and the Northern Marianas Islands as defined in Article II of this compact is eligible to become a compacting state.

            B.  The compact shall become effective and binding upon legislative enactment of the compact into law by no less than 35 of the states.  The initial effective date shall be the later of July 1, 2004, or upon enactment into law by the 35th jurisdiction.  Thereafter, it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.  The governors of non-member states or their designees shall be invited to participate in the activities of the Interstate Commission on a non-voting basis prior to adoption of the compact by all states and territories of the United States.

            C.  The Interstate Commission may propose amendments to the compact for enactment by the compacting states.  No amendment shall become effective and binding upon the Interstate Commission and the compacting states unless and until it is enacted into law by unanimous consent of the compacting states.

ARTICLE XI

WITHDRAWAL, DEFAULT, TERMINATION AND JUDICIAL ENFORCEMENT

            Section A.  Withdrawal

            1.  Once effective, the compact shall continue in force and remain binding upon each and every compacting state; provided that a compacting state may withdraw from the compact by specifically repealing the statute which enacted the compact into law.

            2.  The effective date of withdrawal is the effective date of the repeal.

            3.  The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing upon the introduction of legislation repealing this compact in the withdrawing state.  The Interstate Commission shall notify the other compacting states of the withdrawing state's intent to withdraw within sixty days of its receipt thereof.

            4.  The withdrawing state is responsible for all assessments, obligations and liabilities incurred through the effective date of withdrawal, including any obligations, the performance of which extend beyond the effective date of withdrawal.

            5.  Reinstatement following withdrawal of any compacting state shall occur upon the withdrawing state reenacting the compact or upon such later date as determined by the Interstate Commission.

            Section B.  Technical Assistance, Fines, Suspension, Termination and Default

            1.  If the Interstate Commission determines that any compacting state has at any time defaulted in the performance of any of its obligations or responsibilities under this compact, or the bylaws or duly promulgated rules, the Interstate Commission may impose any or all of the following penalties:

            a.  Remedial training and technical assistance as directed by the Interstate Commission;

            b.  Alternative Dispute Resolution;

            c.  Fines, fees, and costs in such amounts as are deemed to be reasonable as fixed by the Interstate Commission; and

            d.  Suspension or termination of membership in the compact, which shall be imposed only after all other reasonable means of securing compliance under the bylaws and rules have been exhausted and the Interstate Commission has therefore determined that the offending state is in default.  Immediate notice of suspension shall be given by the Interstate Commission to the Governor, the Chief Justice or the Chief Judicial Officer of the state, the Majority and Minority Leaders of the defaulting state's legislature, and the state council.  The grounds for default include, but are not limited to, failure of a compacting state to perform such obligations or responsibilities imposed upon it by this compact, the bylaws, or duly promulgated rules and any other grounds designated in commission bylaws and rules.  The Interstate Commission shall immediately notify the defaulting state in writing of the penalty imposed by the Interstate Commission and of the default pending a cure of the default.  The commission shall stipulate the conditions and the time period within which the defaulting state must cure its default.  If the defaulting state fails to cure the default within the time period specified by the commission, the defaulting state shall be terminated from the compact upon an affirmative vote of a majority of the compacting states and all rights, privileges and benefits conferred by this compact shall be terminated from the effective date of termination.

            2.  Within sixty days of the effective date of termination of a defaulting state, the commission shall notify the Governor, the Chief Justice or Chief Judicial Officer, the Majority and Minority Leaders of the defaulting state's legislature, and the state council of such termination.

            3.  The defaulting state is responsible for all assessments, obligations and liabilities incurred through the effective date of termination including any obligations, the performance of which extends beyond the effective date of termination.

            4.  The Interstate Commission shall not bear any costs relating to the defaulting state unless otherwise mutually agreed upon in writing between the Interstate Commission and the defaulting state.

            5.  Reinstatement following termination of any compacting state requires both a reenactment of the compact by the defaulting state and the approval of the Interstate Commission pursuant to the rules.

            Section C.  Judicial Enforcement

            The Interstate Commission may, by majority vote of the members, initiate legal action in the United States District Court for the District of Columbia or, at the discretion of the Interstate Commission, in the federal district where the Interstate Commission has its offices, to enforce compliance with the provisions of the compact, its duly promulgated rules and bylaws, against any compacting state in default. In the event judicial enforcement is necessary the prevailing party shall be awarded all costs of such litigation including reasonable attorneys fees.

            Section D.  Dissolution of Compact

            1.  The compact dissolves effective upon the date of the withdrawal or default of the compacting state, which reduces membership in the compact to one compacting state.

            2.  Upon the dissolution of this compact, the compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and any surplus funds shall be distributed in accordance with the bylaws.

ARTICLE XII

SEVERABILITY AND CONSTRUCTION

            A.  The provisions of this compact shall be severable, and if any phrase, clause, sentence or provision is deemed unenforceable, the remaining provisions of the compact shall be enforceable.

            B.  The provisions of this compact shall be liberally construed to effectuate its purposes.

ARTICLE XIII

BINDING EFFECT OF COMPACT AND OTHER LAWS

            Section A.  Other Laws

            1.  Nothing herein prevents the enforcement of any other law of a compacting state that is not inconsistent with this compact.

            2.  All compacting states' laws other than state Constitutions and other interstate compacts conflicting with this compact are superseded to the extent of the conflict.

            Section B.  Binding Effect of the Compact

            1.  All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Interstate Commission, are binding upon the compacting states.

            2.  All agreements between the Interstate Commission and the compacting states are binding in accordance with their terms.

            3.  Upon the request of a party to a conflict over meaning or interpretation of Interstate Commission actions, and upon a majority vote of the compacting states, the Interstate Commission may issue advisory opinions regarding such meaning or interpretation.

            4.  In the event any provision of this compact exceeds the constitutional limits imposed on the legislature of any compacting state, the obligations, duties, powers or jurisdiction sought to be conferred by such provision upon the Interstate Commission shall be ineffective and such obligations, duties, powers or jurisdiction shall remain in the compacting state and shall be exercised by the agency thereof to which such obligations, duties, powers or jurisdiction are delegated by law in effect at the time this compact becomes effective.

            210.580.  The compact shall become effective and binding upon the state of Missouri [when signed by the commissioners as herein provided and by the proper authorities of any other state entering into the compact] upon legislative enactment of the compact into law by no less than thirty-five of the states.  The initial effective date shall be the later of August 28, 2006, or upon enactment into law by the thirty-fifth jurisdiction.  Thereafter it shall become effective and binding as to any other compacting state upon enactment of the compact into law by that state.

            210.762.  1.  When a child is taken into custody by a juvenile officer or law enforcement official under subdivision (1) of subsection 1 of section 211.031, RSMo, and initially placed with the division, the division may make a temporary placement and shall arrange for a family support team meeting prior to or within twenty-four hours following the protective custody hearing held under section 211.032, RSMo.  After a child is in the division's custody and a temporary placement has been made, the division shall arrange an additional family support team meeting prior to taking any action relating to the placement of such child; except that, when the welfare of a child in the custody of the division requires an immediate or emergency change of placement, the division may make a temporary placement and shall schedule a family support team meeting within seventy-two hours.  The requirement for a family support team meeting shall not apply when the parent has consented in writing to the termination of his or her parental rights in conjunction with a placement with a licensed child placing agency under subsection 6 of section 453.010, RSMo.  

            2.  The parents, the legal counsel for the parents, the foster parents, the legal guardian or custodian of the child, the guardian ad litem for the child, and the volunteer advocate, and any designee of the parent that has written authorization shall be notified and invited to participate in all family support team meetings.  The family support team meeting may include such other persons whose attendance at the meeting may assist the team in making appropriate decisions in the best interests of the child.  If the division finds that it is not in the best interest of a child to be placed with relatives, the division shall make specific findings in the division's report detailing the reasons why the best interests of the child necessitate placement of the child with persons other than relatives.  

            3.  The division shall use the form created in subsection 2 of section 210.147 to be signed upon the conclusion of the meeting pursuant to subsection 1 of this section confirming that all involved parties are aware of the team's decision regarding the custody and placement of the child.  Any dissenting views must be recorded and attested to on such form.  

            4.  The case manager shall be responsible for including such form with the case records of the child.  

            210.906.  1.  Every child-care worker or elder-care worker hired on or after January 1, 2001, or personal-care worker hired on or after January 1, 2002, shall complete a registration form provided by the department.  The department shall make such forms available no later than January 1, 2001, and may, by rule, determine the specific content of such form, but every form shall:

            (1)  Request the valid Social Security number of the applicant;

            (2)  Include information on the person's right to appeal the information contained in the registry pursuant to section 210.912;

            (3)  Contain the signed consent of the applicant for the background checks required pursuant to this section; and

            (4)  Contain the signed consent for the release of information contained in the background check for employment purposes only.  

            2.  Every child-care worker or elder-care worker hired on or after January 1, 2001, and every personal-care worker hired on or after January 1, 2002, shall complete a registration form within fifteen days of the beginning of such person's employment.  Any person employed as a child-care, elder-care or personal-care worker who fails to submit a completed registration form to the department of health and senior services as required by sections 210.900 to 210.936 without good cause, as determined by the department, is guilty of a class B misdemeanor.

            3.  The costs of the criminal background check may be paid by the individual applicant, or by the provider if the applicant is so employed, or for those applicants receiving public assistance, by the state through the terms of the self-sufficiency pact pursuant to section 208.325, RSMo.  Any moneys remitted to the patrol for the costs of the criminal background check shall be deposited to the credit of the criminal record system fund as required by section 43.530, RSMo.  

            4.  Any person licensed pursuant to sections 210.481 to 210.565 shall be automatically registered in the family care safety registry at no additional cost other than the costs required pursuant to sections 210.481 to 210.565.  

            5.  Any person not required to register pursuant to the provisions of sections 210.900 to 210.936 may also be included in the registry if such person voluntarily applies to the department for registration and meets the requirements of this section and section 210.909, including submitting to the background checks in subsection 1 of section 210.909.  

            6.  The provisions of sections 210.900 to 210.936 shall not extend to related child care, related elder care or related personal care workers or attendants who do not receive state or federal moneys for services.  

            211.319.  1.  On or before July 1, 2005, all juvenile court proceedings conducted pursuant to subdivision (1) of subsection 1 of section 211.031 and for termination of parental rights cases pursuant to sections 211.442 to 211.487 initiated by a juvenile officer or the division shall be open to the public; except that, when the parent has consented in writing to the termination of his or her parental rights in conjunction with a placement with a licensed child placing agency under subsection 6 of section 453.010, RSMo, the hearing shall be closed.  The court, on its own motion, may exclude for good cause shown any person or persons from the proceedings to protect the welfare and best interests of the child and for exceptional circumstances.  Any party to a juvenile court proceeding referred to in this subsection, except the state, may file a motion requesting that the general public be excluded from the proceeding or any portion of the proceeding.  Upon the filing of such motion, the court shall hear arguments by the parties, but no evidence, and shall make a determination whether closure is in the best interest of the parties or whether it is in the public interest to deny such motion.  The court shall make a finding on the record when a motion to close a hearing pursuant to this section is made and heard by the court.  

            2.  Notwithstanding the provisions of subsection 1 of this section, the general public shall be excluded from all juvenile court proceedings referred to in subsection 1 of this section during the testimony of any child or victim and only such persons who have a direct interest in the case or in the work of the court will be admitted to the proceedings.  

            3.  For juvenile court proceedings described in subsection 1 of this section, pleadings and orders of the juvenile court other than confidential files and those specifically ordered closed by the juvenile court judge shall be open to the general public.  For purposes of this section, "confidential file" means all other records and reports considered closed or confidential by law, including but not limited to medical reports, psychological or psychiatric evaluations, investigation reports of the children's division, social histories, home studies, and police reports and law enforcement records.  Only persons who are found by the court to have a legitimate interest shall be allowed access to confidential or closed files.  In determining whether a person has a legitimate interest, the court shall consider the nature of the proceedings, the welfare and safety of the public, and the interest of any child involved.  

            4.  For records made available to the public pursuant to this section:

            (1)  The identity of any child involved except the perpetrator shall not be disclosed and all references in such records to the identity of any child involved except the perpetrator shall be redacted prior to disclosure to the public; and

            (2)  All information that may identify or lead to the disclosure of the identity of a reporter of child abuse under sections 210.109 to 210.183, RSMo, and section 352.400, RSMo, shall not be disclosed to the public.  

            5.  The provisions of this section shall apply to juvenile court proceedings and records specified in this section in which the initial pleadings are filed on or after July 1, 2005.  

            211.444.  1.  The juvenile court may, upon petition of the juvenile officer or a child placing agency licensed under sections 210.481 to 210.536, RSMo, in conjunction with a placement with such licensed child placing agency under subsection 6 of section 453.010, RSMo, or the court before which a petition for adoption has been filed pursuant to the provisions of chapter 453, RSMo, terminate the rights of a parent to a child if the court finds that such termination is in the best interests of the child and the parent has consented in writing to the termination of his or her parental rights.  

            2.  The written consent required by subsection 1 of this section may be executed before or after the institution of the proceedings and shall be acknowledged before a notary public.  In lieu of such acknowledgment, the signature of the person giving the written consent shall be witnessed by at least two adult persons who are present at the execution whose signatures and addresses shall be plainly written thereon and who determine and certify that the consent is knowingly and freely given.  The two adult witnesses shall not be the prospective parents.  The notary public or witnesses shall verify the identity of the party signing the consent.  

            3.  The written consent required by subsection 1 of this section shall be valid and effective only after the child is at least forty-eight hours old and if it complies with the other requirements of section 453.030, RSMo.

            453.010.  1.  Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court of the county in which:

            (1)  The person seeking to adopt resides;

            (2)  The child sought to be adopted was born;

            (3)  The child is located at the time of the filing of the petition; or

            (4)  Either birth person resides.  

            2.  A petition to adopt shall not be dismissed or denied on the grounds that the petitioner is not domiciled or does not reside in any of the venues set forth in subdivision (2), (3) or (4) of subsection 1 of this section.  

            3.  If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211, RSMo, any person desiring to adopt such person as his or her child shall petition the juvenile division of the circuit court which has jurisdiction over the child for permission to adopt such person as his or her child.  Upon receipt of a motion from the petitioner and consent of the receiving court, the juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within any of the alternative venues set forth in subsection 1 of this section.  

            4.  If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly.  If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is not complied with may dismiss the petition.  

            5.  Upon receipt of a properly filed petition, a court, as defined in this section, shall hear such petition in a timely fashion.  A court or any child-placing agency shall not deny or delay the placement of a child for adoption when an approved family is available, regardless of the approved family's residence or domicile.  The court shall expedite the placement of a child for adoption pursuant to subsection 3 of this section.

            6.  A licensed child placing agency may file a petition for transfer of custody if a birth parent consents in writing, by power of attorney for the placement of a minor child, a consent to adoption or any other document which evidences a desire to place the child with the licensed child placing agency, for the purposes of transfer of custody of the child to the licensed child placing agency.

            453.011.  1.  In all cases [in which] involving the termination of parental rights, placement, or adoption of a child [is], whether voluntary or contested by any person or agency, the [trial] court shall, consistent with due process, expedite the [contested] termination, placement, or adoption proceeding by entering such scheduling orders as are necessary to ensure that the case is not delayed, and such case shall be given priority in setting a final hearing of the proceeding and shall be heard at the earliest possible date over other civil litigation, other than children's division [of family services'] child protection cases.  

            2.  In all contested cases as specified in subsection 1 of this section which are appealed from the decision of a trial court:

            (1)  The transcript from the prior court proceeding shall be provided to the appellate court no later than thirty days from the date the appeal is filed; and

            (2)  The appellate court shall, consistent with its rules, expedite the contested termination of parental rights or adoption case by entering such scheduling orders as are necessary to ensure that a ruling will be entered within thirty days of the close of oral arguments, and such case shall be given priority over all other civil litigation, other than children's division [of family services'] child protection cases, in reaching a determination on the status of the termination of parental rights or of the adoption; and

            (3)  In no event shall the court permit more than one request for an extension by either party.  

            3.  It is the intent of the general assembly that the permanency of the placement of a child who is the subject of a termination of parental rights proceeding, a placement proceeding, or an adoption proceeding not be delayed any longer than is absolutely necessary consistent with the rights of all parties, but that the rights of the child to permanency at the earliest possible date be given priority over all other civil litigation other than children's division [of family services'] child protection cases.

            559.100.  1.  The circuit courts of this state shall have power, herein provided, to place on probation or to parole persons convicted of any offense over which they have jurisdiction, except as otherwise provided in sections 195.275 to 195.296, [RSMo, section] 558.018, [RSMo, section] 559.115, 565.020, [RSMo, section] 565.180, 565.182, 565.200, 570.145, and 571.015, [RSMo, and section 559.115] RSMo.  

            2.  The circuit court shall have the power to revoke the probation or parole previously granted and commit the person to the department of corrections.  The circuit court shall determine any conditions of probation or parole for the defendant that it deems necessary to ensure the successful completion of the probation or parole term, including the extension of any term of supervision for any person while on probation or parole.  The circuit court may require that the defendant pay restitution for his crime.  The probation or parole may be revoked for failure to pay restitution or for failure to conform his behavior to the conditions imposed by the circuit court.  The circuit court may, in its discretion, credit any period of probation or parole as time served on a sentence.  

            565.180.  1.  A person commits the crime of elder abuse in the first degree if he attempts to kill, knowingly causes or attempts to cause serious physical injury, as defined in section 565.002, to any person sixty years of age or older or an eligible adult as defined in section [660.250] 192.2100, RSMo.  

            2.  Elder abuse in the first degree is a class A felony.

            3.  No court may suspend the imposition or execution of sentence or impose a fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty of elder abuse in the first degree.

            565.182.  1.  A person commits the crime of elder abuse in the second degree if he:

            (1)  Knowingly causes, attempts to cause physical injury to any person sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo, by means of a deadly weapon or dangerous instrument; or

            (2)  Recklessly [and purposely] causes serious physical injury, as defined in section 565.002, to a person sixty years of age or older or an eligible adult as defined in section [660.250] 192.2100, RSMo.  

            2.  Elder abuse in the second degree is a class B felony.  

            3.  No court may suspend the imposition or execution of sentence or impose a fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty pursuant to subdivision (1) of subsection 1 of this section.

            565.184.  1.  A person commits the crime of elder abuse in the third degree if he:

            (1)  Knowingly causes or attempts to cause physical contact with any person sixty years of age or older or an eligible adult as defined in section [660.250] 192.2100, RSMo, knowing the other person will regard the contact as harmful or provocative; or

            (2)  Purposely engages in conduct involving more than one incident that causes grave emotional distress to a person sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo.  The course of conduct shall be such as would cause a reasonable person age sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo, to suffer substantial emotional distress; or

            (3)  Purposely or knowingly places a person sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo, in apprehension of immediate physical injury; or

            (4)  Intentionally fails to provide care, goods or services to a person sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo.  The cause of the conduct shall be such as would cause a reasonable person age sixty or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo, to suffer physical or emotional distress; or

            (5)  Knowingly acts or knowingly fails to act in a manner which results in a grave risk to the life, body or health of a person sixty years of age or older or an eligible adult, as defined in section [660.250] 192.2100, RSMo.  

            2.  Elder abuse in the third degree is a class [A misdemeanor] D felony.

            565.188.  1.  When any adult day care worker; chiropractor; Christian Science practitioner; coroner; dentist; embalmer; employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; social worker; or other person with responsibility for the care of a person sixty years of age or older has reasonable cause to suspect that such a person has been subjected to abuse or neglect, or financial exploitation, or observes such a person being subjected to conditions or circumstances which would reasonably result in abuse or neglect, or financial exploitation, he or she shall immediately report or cause a report to be made to the department in accordance with the provisions of sections [660.250 to 660.295] 192.2100 to 192.2130, RSMo.  Any other person who becomes aware of circumstances which may reasonably be expected to be the result of or result in abuse or neglect, or financial exploitation may report to the department.  

            2.  Any person who knowingly fails to make a report as required in subsection 1 of this section is guilty of a class A misdemeanor.  

            3.  Any person who purposely files a false report of elder abuse or neglect or financial exploitation of the elderly is guilty of a class A misdemeanor.  

            4.  Every person who has been previously convicted of or pled guilty to making a false report to the department and who is subsequently convicted of making a false report under subsection 3 of this section is guilty of a class D felony.  

            5.  Evidence of prior convictions of false reporting shall be heard by the court, out of the hearing of the jury, prior to the submission of the case to the jury, and the court shall determine the existence of the prior convictions.

            565.200.  1.  Any owner or employee of a skilled nursing facility, as defined in section 198.006, RSMo, or an Alzheimer's special unit or program, as defined in section 198.505, RSMo, who:

            (1)  Has sexual contact, as defined in section 566.010, RSMo, with a resident is guilty of a class [B] A misdemeanor.  Any person who commits a second or subsequent violation of this subdivision is guilty of a class [A misdemeanor] D felony; or

            (2)  Has sexual intercourse or deviate sexual intercourse, as defined in section 566.010, RSMo, with a resident is guilty of a class [A misdemeanor] C felony.  Any person who commits a second or subsequent violation of this subdivision is guilty of a class [D] B felony.  No court may suspend the imposition or execution of sentence or impose a fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty of committing a second or subsequent violation of this subdivision.

            2.  The provisions of this section shall not apply to an owner or employee of a skilled nursing facility or Alzheimer's special unit or program who engages in sexual conduct, as defined in section 566.010, RSMo, with a resident to whom the owner or employee is married.  

            3.  Consent of the victim is not a defense to a prosecution pursuant to this section.  

            565.320.  1.  As used in this section the following terms shall mean:

            (1)  "Crime of violence", any crime which involved the threat or use of physical force against an elderly person;

            (2)  "Elderly", a person sixty years of age or older.

            2.  Notwithstanding any other provision of law no court shall sentence a person who has pled guilty or nolo contendere to or has been found guilty of a crime of violence against the elderly to a term of imprisonment of less than thirty consecutive days or to pay a fine in lieu of a term of imprisonment, nor shall such person be eligible for parole or probation until he or she has served a minimum of thirty consecutive days of imprisonment.

            570.145.  1.  A person commits the crime of financial exploitation of an elderly or disabled person if such person knowingly and by deception, intimidation, or force obtains control over the elderly or disabled person's property with the intent to permanently deprive the elderly or disabled person of the use, benefit or possession of his or her property thereby benefiting such person or detrimentally affecting the elderly or disabled person.  Financial exploitation of an elderly or disabled person is a class A misdemeanor if the value of the property is less than fifty dollars[,]; a class D felony if the value of the property is fifty dollars but less than five hundred dollars[,]; a class C felony if the value of the property is five hundred dollars but less than one thousand dollars[,]; a class B felony if the value of the property is one thousand dollars [but less than fifty thousand dollars, and a class A felony if the value of the property is fifty thousand dollars] or more.  No court may suspend the imposition or execution of sentence or impose a fine in lieu of a term of imprisonment when a person pleads guilty to or is found guilty of a violation of this section when punishable as a class B felony.

            2.  For purposes of this section, the following terms mean:

            (1)  "Deception", a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly or disabled person or to the existing or preexisting condition of any of the property involved in such contract or agreement, or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly or disabled person to enter into a contract or agreement.  Deception includes:

            (a)  Creating or confirming another person's impression which is false and which the offender does not believe to be true; or

            (b)  Failure to correct a false impression which the offender previously has created or confirmed; or

            (c)  Preventing another person from acquiring information pertinent to the disposition of the property involved; or

            (d)  Selling or otherwise transferring or encumbering property, failing to disclose a lien, adverse claim or other legal impediment to the enjoyment of the property, whether such impediment is or is not valid, or is or is not a matter of official record; or

            (e)  Promising performance which the offender does not intend to perform or knows will not be performed.  Failure to perform standing alone is not sufficient evidence to prove that the offender did not intend to perform;

            (2)  "Disabled person", a person with a mental, physical, or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection;

            (3)  "Elderly person", a person sixty years of age or older;

            (4)  "Intimidation", a threat of physical or emotional harm to an elderly or disabled person, or the communication to an elderly or disabled person that he or she will be deprived of food and nutrition, shelter, prescribed medication, or medical care and treatment.  

            3.  Nothing in this section shall be construed to limit the remedies available to the victim pursuant to any state law relating to domestic violence.  

            4.  Nothing in this section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly or disabled person in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance.

            5.  Nothing in this section shall limit the ability to engage in bona fide estate planning, to transfer property and to otherwise seek to reduce estate and inheritance taxes; provided that such actions do not adversely impact the standard of living to which the elderly or disabled person has become accustomed at the time of such actions.  

            6.  It shall not be a defense to financial exploitation of an elderly or disabled person that the accused reasonably believed that the victim was not an elderly or disabled person.

[197.500.  1.  The department shall maintain an employee disqualification list and place on the employee disqualification list the names of any persons who are or who have been employed by any entity licensed pursuant to this chapter and who have been finally determined by the department pursuant to section 660.315, RSMo, to have knowingly or recklessly abused or neglected a patient.  For the purpose of this section, "abuse" and "neglect" shall have the same meanings as such terms are defined in section 198.006, RSMo.  For purposes of this section only, "knowingly" and "recklessly" shall have the meanings that are ascribed to them in this section.  A person acts "knowingly" with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct.  A person acts "recklessly" when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.  

2.  The department shall compile and maintain an employee disqualification list in the same manner as the employee disqualification list compiled and maintained by the department pursuant to section 660.315, RSMo.]

            [208.915.  1.  Any person having reasonable cause to believe that a misappropriation of a consumer's property or funds, or the falsification of any documents verifying personal care assistance services delivery to the consumer, has occurred may report such information to the department.  

            2.  For each report the department shall attempt to obtain the name and address of the vendor, the personal care attendant, the personal care assistance services consumer, information regarding the nature of the misappropriation or falsification, the name of the complainant, and any other information which might be helpful in an investigation.  

            3.  Any personal care assistance services vendor, or personal care attendant who puts to his or her own use or the use of the personal care assistance services vendor or otherwise diverts from the personal care assistance services consumer's use any personal property or funds of the consumer, or falsifies any documents for service delivery, is guilty of a class A misdemeanor.  

            4.  Upon receipt of a report, the department shall immediately initiate an investigation and report information gained from such investigation to appropriate law enforcement authorities.  

            5.  If the investigation indicates probable misappropriation of property or funds, or falsification of any documents for service delivery of a personal care assistance services consumer, the investigator shall refer the complaint together with the investigator's report to the department director or the director's designee for appropriate action.  

            6.  Reports shall be confidential, as provided under section 660.320, RSMo.  

            7.  Anyone, except any person participating in or benefitting from the misappropriation of funds, who makes a report under this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.  

            8.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.  

            9.  No person who directs or exercises any authority in a personal care assistance services vendor agency shall harass, dismiss or retaliate against a personal care assistance services consumer or a personal care attendant because he or she or any member of his or her family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the personal care assistance services vendor or any personal care attendant which he or she has reasonable cause to believe has been committed or has occurred.  

            10.  The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any personal care attendants who are or have been employed by a personal care assistance services consumer, and the names of any persons who are or have been employed by a vendor as defined in subdivision (10) of section 208.900, and who have been finally determined by the department under section 660.315, RSMo, to have misappropriated any property or funds, or falsified any documents for service delivery to a personal care assistance services consumer and who came to be known to the consumer, directly or indirectly by virtue of the consumer's participation in the personal care assistance services program.] [210.570.  Within sixty days after sections 210.570 to 210.600 become effective, the governor, by and with the advice and consent of the senate, shall appoint three commissioners to enter into a compact on behalf of the state of Missouri with other states. If the senate is not in session at the time for making such appointments, the governor shall make temporary appointments as in the case of a vacancy.  Any two of the commissioners so appointed together with the attorney general of the state of Missouri may act to enter into the following compact:

            INTERSTATE COMPACT ON JUVENILES

The contracting states solemnly agree:

ARTICLE I

That juveniles who are not under proper supervision and control, or who have absconded, escaped or run away, are likely to endanger their own health, morals and welfare, and the health, morals and welfare of others.  The cooperation of the states party to this compact is therefore necessary to provide for the welfare and protection of juveniles and of the public with respect to (1) cooperative supervision of delinquent juveniles on probation or parole; (2) the return, from one state to another, of delinquent juveniles who have escaped or absconded; (3) the return, from one state to another, of nondelinquent juveniles who have run away from home; and (4) additional measures for the protection of juveniles and of the public, which any two or more of the party states may find desirable to undertake cooperatively.  In carrying out the provisions of this compact the party states shall be guided by the noncriminal, reformative and protective policies which guide their laws concerning delinquent, neglected or dependent juveniles generally.  It shall be the policy of the states party to this compact to cooperative and observe their respective responsibilities for the prompt return and acceptance of juveniles and delinquent juveniles who become subject to the provisions of this compact.  The provisions of this compact shall be reasonably and liberally construed to accomplish the foregoing purposes.  

ARTICLE II

That all remedies and procedures provided by this compact shall be in addition to and not in substitution for other rights, remedies and procedures, and shall not be in derogation of parental rights and responsibilities.  

ARTICLE III

That, for the purposes of this compact, "delinquent juvenile" means any juvenile who has been adjudged delinquent and who, at the time the provisions of this compact are invoked, is still subject to the jurisdiction of the court that has made such adjudication or to the jurisdiction or supervision of an agency or institution pursuant to an order of such court; "probation or parole" means any kind of conditional release of juveniles authorized under the laws of the states party hereto; "court" means any court having jurisdiction over delinquent, neglected or dependent children; "state" means any state, territory or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico; and "residence" or any variant thereof means a place at which a home or regular place of abode is maintained.  

ARTICLE IV

(a)  That the parent, guardian, person or agency entitled to legal custody of a juvenile who has not been adjudged delinquent but who has run away without the consent of such parent, guardian, person or agency may petition the appropriate court in the demanding state for the issuance of a requisition for his return.  The petition shall state the name and age of the juvenile, the name of the petitioner and the basis of entitlement to the juvenile's custody, the circumstances of his running away, his location if known at the time application is made, and such other facts as may tend to show that the juvenile who has run away is endangering his own welfare or the welfare of others and is not an emancipated minor.  The petition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the document or documents on which the petitioner's entitlement to the juvenile's custody is based, such as birth certificates, letters of guardianship, or custody decrees.  Such further affidavits and other documents as may be deemed proper may be submitted with such petition.  The judge of the court to which this application is made may hold a hearing thereon to determine whether for the purposes of this compact the petitioner is entitled to the legal custody of the juvenile, whether or not it appears that the juvenile has in fact run away without consent, whether or not he is an emancipated minor, and whether or not it is in the best interest of the juvenile to compel his return to the state.  If the judge determines, either with or without a hearing, that the juvenile should be returned, he shall present to the appropriate court or to the executive authority of the state where the juvenile is alleged to be located a written requisition for the return of such juvenile.  Such requisition shall set forth the name and age of the juvenile, the determination of the court that the juvenile has run away without the consent of a parent, guardian, person or agency entitled to his legal custody, and that it is in the best interest and for the protection of such juvenile that he be returned.  In the event that a proceeding for the adjudication of the juvenile as a delinquent, neglected or dependent juvenile is pending in the court at the time when such juvenile runs away, the court may issue a requisition for the return of such juvenile upon its own motion, regardless of the consent of the parent, guardian, person or agency entitled to legal custody, reciting therein the nature and circumstances of the pending proceeding.  The requisition shall in every case be executed in duplicate and shall be signed by the judge.  One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of such court.  Upon the receipt of a requisition demanding the return of a juvenile who has run away, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such juvenile.  Such detention order must substantially recite the facts necessary to the validity of its issuance hereunder.  No juvenile detained upon such order shall be delivered over to the officer whom the court demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of a court in the state, who shall inform him of the demand made for his return, and who may appoint counsel or guardian ad litem for him.  If the judge of such court shall find that the requisition is in order, he shall deliver such juvenile over to the officer whom the court demanding him shall have appointed to receive him.  The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.  

Upon reasonable information that a person is a juvenile who has run away from another state party to this compact without the consent of a parent, guardian, person or agency entitled to his legal custody, such juvenile may be taken into custody without a requisition and brought forthwith before a judge of the appropriate court who may appoint counsel or guardian ad litem for such juvenile and who shall determine after a hearing whether sufficient cause exists to hold the person, subject to the order of the court, for his own protection and welfare, for such a time not exceeding ninety days as will enable his return to another state party to this compact pursuant to a requisition for his return from a court of that state.  If, at the time when a state seeks the return of a juvenile who has run away, there is pending in the state wherein he is found any criminal charge, or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the juvenile being returned, shall be permitted to transport such juvenile through any and all states party to this compact, without interference.  Upon his return to the state from which he ran away, the juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.  

(b)  That the state to which a juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.  

(c)  That "juvenile" as used in this Article means any person who is a minor under the law of the state of residence of the parent, guardian, person or agency entitled to the legal custody of such minor.  

ARTICLE V

(a)  That the appropriate person or authority from whose probation or parole supervision a delinquent juvenile has absconded or from whose institutional custody he has escaped shall present to the appropriate court or to the executive authority of the state where the delinquent juvenile is alleged to be located a written requisition for the return of such delinquent juvenile.  Such requisition shall state the name and age of the delinquent juvenile, the particulars of his adjudication as a delinquent juvenile, the circumstances of the breach of the terms of his probation or parole or of his escape from an institution or agency vested with his legal custody or supervision, and the location of such delinquent juvenile, if known, at the time the requisition is made.  The requisition shall be verified by affidavit, shall be executed in duplicate, and shall be accompanied by two certified copies of the judgment, formal adjudication, or order of commitment which subjects such delinquent juvenile to probation or parole or to the legal custody of the institution or agency concerned.  Such further affidavits and other documents as may be deemed proper may be submitted with such requisition.  One copy of the requisition shall be filed with the compact administrator of the demanding state, there to remain on file subject to the provisions of law governing records of the appropriate court.  Upon the receipt of a requisition demanding the return of a delinquent juvenile who has absconded or escaped, the court or the executive authority to whom the requisition is addressed shall issue an order to any peace officer or other appropriate person directing him to take into custody and detain such delinquent juvenile.  Such detention order must substantially recite the facts necessary to the validity of the issuance hereunder.  No delinquent juvenile detained upon such order shall be delivered over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him, unless he shall first be taken forthwith before a judge of an appropriate court in the state, who shall inform him of the demand made for his return and who may appoint counsel or guardian ad litem for him.  If the judge of such court shall find that the requisition is in order, he shall deliver such delinquent juvenile over to the officer whom the appropriate person or authority demanding him shall have appointed to receive him.  The judge, however, may fix a reasonable time to be allowed for the purpose of testing the legality of the proceeding.  

Upon reasonable information that a person is a delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, such person may be taken into custody in any other state party to this compact without a requisition.  But in such event, he must be taken forthwith before a judge of the appropriate court, who may appoint counsel or guardian ad litem for such person and who shall determine, after a hearing, whether sufficient cause exists to hold the person subject to the order of the court for such a time, not exceeding ninety days, as will enable his detention under a detention order issued on a requisition pursuant to this Article.  If, at the time when a state seeks the return of a delinquent juvenile who has either absconded while on probation or parole or escaped from an institution or agency vested with his legal custody or supervision, there is pending in the state wherein he is detained any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for an act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of such state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of any state party to this compact, upon the establishment of their authority and the identity of the delinquent juvenile being returned, shall be permitted to transport such delinquent juvenile through any and all states party to this compact, without interference.  Upon his return to the state from which he escaped or absconded, the delinquent juvenile shall be subject to such further proceedings as may be appropriate under the laws of that state.  

(b)  That the state to which a delinquent juvenile is returned under this Article shall be responsible for payment of the transportation costs of such return.  

ARTICLE VI

That any delinquent juvenile who has absconded while on probation or parole, or escaped from an institution or agency vested with his legal custody or supervision in any state party to this compact, and any juvenile who has run away from any state party to this compact, who is taken into custody without a requisition in another state party to this compact under the provisions of Article IV(a) or of Article V(a), may consent to his immediate return to the state from which he absconded, escaped or ran away.  Such consent shall be given by the juvenile or delinquent juvenile and his counsel or guardian ad litem if any, by executing or subscribing a writing, in the presence of a judge of the appropriate court, which states that the juvenile or delinquent juvenile and his counsel or guardian ad litem, if any, consent to his return to the demanding state.  Before such consent shall be executed or subscribed, however, the judge, in the presence of counsel or guardian ad litem, if any, shall inform the juvenile or delinquent juvenile of his rights under this compact.  When the consent has been duly executed, it shall be forwarded to and filed with the compact administrator of the state in which the court is located and the judge shall direct the officer having the juvenile or delinquent juvenile in custody to deliver him to the duly accredited officer or officers of the state demanding his return, and shall cause to be delivered to such officer or officers a copy of the consent.  The court may, however, upon the request of the state to which the juvenile or delinquent juvenile is being returned, order him to return unaccompanied to such state and shall provide him with a copy of such court order; in such event a copy of the consent shall be forwarded to the compact administrator of the state to which said juvenile or delinquent juvenile is ordered to return.  

ARTICLE VII

(a)  That the duly constituted judicial and administrative authorities of a state party to this compact (herein called "sending state") may permit any delinquent juvenile within such state, placed on probation or parole, to reside in any other state party to this compact (herein called "receiving state") while on probation or parole, and the receiving state shall accept such delinquent juvenile, if the parent, guardian or person entitled to the legal custody of such delinquent juvenile is residing or undertakes to reside within the receiving state.  Before granting such permission, opportunity shall be given to the receiving state to make such investigations as it deems necessary.  The authorities of the sending state shall send to the authorities of the receiving state copies of pertinent court orders, social case studies and all other available information which may be of value to and assist the receiving state in supervising a probationer or parolee under this compact.  A receiving state, in its discretion, may agree to accept supervision of a probationer or parolee in cases where the parent, guardian or person entitled to the legal custody of the delinquent juvenile is not a resident of the receiving state, and if so accepted the sending state may transfer supervision accordingly.  

(b)  That each receiving state will assume the duties of visitation and of supervision over any such delinquent juvenile and in the exercise of those duties will be governed by the same standards of visitation and supervision that prevail for its own delinquent juveniles released on probation or parole.  

(c)  That, after consultation between the appropriate authorities of the sending state and of the receiving state as to the desirability and necessity of returning such a delinquent juvenile, the duly accredited officers of a sending state may enter a receiving state and there apprehend and retake any such delinquent juvenile on probation or parole.  For that purpose, no formalities will be required, other than establishing the authority of the officer and the identity of the delinquent juvenile to be retaken and returned.  The decision of the sending state to retake a delinquent juvenile on probation or parole shall be conclusive upon and not reviewable within the receiving state, but if, at the time the sending state seeks to retake a delinquent juvenile on probation or parole, there is pending against him within the receiving state any criminal charge or any proceeding to have him adjudicated a delinquent juvenile for any act committed in such state, or if he is suspected of having committed within such state a criminal offense or an act of juvenile delinquency, he shall not be returned without the consent of the receiving state until discharged from prosecution or other form of proceeding, imprisonment, detention or supervision for such offense or juvenile delinquency.  The duly accredited officers of the sending state shall be permitted to transport delinquent juveniles being so returned through any and all states party to this compact, without interference.  

(d)  That the sending state shall be responsible under this Article for paying the costs of transporting any delinquent juvenile to the receiving state or of returning any delinquent juvenile to the sending state.  

ARTICLE VIII

(a)  That the provisions of Articles IV(b), V(b) and VII(d) of this compact shall not be construed to alter or affect any internal relationship among the departments, agencies and officers of and in the government of a party state, or between a party state and its subdivisions, as to the payment of costs, or responsibilities therefor.  

(b)  That nothing in this compact shall be construed to prevent any party state or subdivision thereof from asserting any right against any person, agency or other entity in regard to costs for which such party state or subdivision thereof may be responsible pursuant to Articles IV(b), V(b) or VII(d) of this compact.  

ARTICLE IX

That, to every extent possible, it shall be the policy of states party to this compact that no juvenile or delinquent juvenile shall be placed or detained in any prison, jail or lockup nor be detained or transported in association with criminal, vicious or dissolute persons.  

ARTICLE X

That the duly constituted administrative authorities of a state party to this compact may enter into supplementary agreements with any other state or states party hereto for the cooperative care, treatment and rehabilitation of delinquent juveniles whenever they shall find that such agreements will improve the facilities or programs available for such care, treatment and rehabilitation.  Such care, treatment and rehabilitation may be provided in an institution located within any state entering into such supplementary agreement.  Such supplementary agreements shall (1) provide the rates to be paid for the care, treatment and custody of such delinquent juveniles, taking into consideration the character of facilities, services and subsistence furnished; (2) provide that the delinquent juvenile shall be given a court hearing prior to his being sent to another state for care, treatment and custody; (3) provide that the state receiving such a delinquent juvenile in one of its institutions shall act solely as agent for the state sending such delinquent juvenile; (4) provide that the sending state shall at all times retain jurisdiction over delinquent juveniles sent to an institution in another state; (5) provide for reasonable inspection of such institutions by the sending state; (6) provide that the consent of the parent, guardian, person or agency entitled to the legal custody of said delinquent juvenile shall be secured prior to his being sent to another state; and (7) make provision for such other matters and details as shall be necessary to protect the rights and equities of such delinquent juveniles and of the cooperating states.  

ARTICLE XI

That any state party to this compact may accept any and all donations, gifts and grants of money, equipment and services from the federal or any local government, or any agency thereof and from any person, firm or corporation, for any of the purposes and functions of this compact, and may receive and utilize the same subject to the terms, conditions and regulations governing such donations, gifts and grants.  

ARTICLE XII

That the governor of each state party to this compact shall designate an officer who, acting jointly with like officers of other party states, shall promulgate rules and regulations to carry out more effectively the terms and provisions of this compact.  

ARTICLE XIII

That this compact shall become operative immediately upon its execution by any state as between it and any other state or states so executing.  When executed it shall have the full force and effect of law within such state, the form of execution to be in accordance with the laws of the executing state.  

ARTICLE XIV

That this compact shall continue in force and remain binding upon each executing state until renounced by it.  Renunciation of this compact shall be by the same authority which executed it, by sending six months' notice in writing of its intention to withdraw from the compact to the other states party hereto.  The duties and obligations of a renouncing state under Article VII hereof shall continue as to parolees and probationers residing therein at the time of withdrawal until retaken or finally discharged.  Supplementary agreements entered into under Article X hereof shall be subject to renunciation as provided by such supplementary agreements, and shall not be subject to the six months' renunciation notice of the present Article.  

ARTICLE XV That the provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any participating state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby.  If this compact shall be held contrary to the constitution of any state participating therein, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.]

[210.595.  The term "delinquent juvenile" as used in the interstate compact on juveniles includes those persons subject to the jurisdiction of the juvenile court within the meaning of subdivisions (1) and (2) of section 211.031, RSMo.]

[210.600.  The commission shall have power to apply to the Congress of the United States for its consent and approval of the compact; but in the absence of such consent of Congress and until the same shall have been secured, the compact shall be binding upon the state of Missouri in all respects permitted by law for the signatory states without the consent of Congress to cooperate, for the purposes enumerated in the compact, and in the manner provided therein.]

[210.610.  1.  This section shall provide remedies, and shall be binding only as among and between those party states which specifically adopt a similar section.  

2.  All provisions and procedures of article V and article VI of section 210.570 shall be construed to apply to any juvenile charged with being a delinquent by reason of violating any criminal law which constitutes a felony.  Any juvenile charged with being a delinquent by reason of violating any criminal law which constitutes a felony shall be returned to the requesting state upon a requisition to the state where the juvenile may be found.  A petition in such case shall be filed in a court of competent jurisdiction in the requesting state where the violation of criminal law is alleged to have been committed.  The petition may be filed regardless of whether the juvenile has left the requesting state before or after the filing of the petition.  The requisition described in article V of section 210.570 shall be forwarded by the judge of the court in which the petition has been filed.]

[660.305.  1.  Any person having reasonable cause to believe that a misappropriation of an in-home services client's property or funds, or the falsification of any documents verifying service delivery to the in-home services client has occurred, may report such information to the department.  

2.  For each report the department shall attempt to obtain the names and addresses of the in-home services provider agency, the in-home services employee, the in-home services client, information regarding the nature of the misappropriation or falsification, the name of the complainant, and any other information which might be helpful in an investigation.  

3.  Any in-home services provider agency or in-home services employee who puts to his or her own use or the use of the in-home services provider agency or otherwise diverts from the in-home services client's use any personal property or funds of the in-home services client, or falsifies any documents for service delivery, is guilty of a class A misdemeanor.  

4.  Upon receipt of a report, the department shall immediately initiate an investigation and report information gained from such investigation to appropriate law enforcement authorities.  

5.  If the investigation indicates probable misappropriation of property or funds, or falsification of any documents for service delivery of an in-home services client, the investigator shall refer the complaint together with the investigator's report to the department director or the director's designee for appropriate action.  

6.  Reports shall be confidential, as provided under section 660.320.  

7.  Anyone, except any person participating in or benefiting from the misappropriation of funds, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith, or with malicious purpose.  

8.  Within five working days after a report required to be made under this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.  

9.  No person who directs or exercises any authority in an in-home services provider agency shall harass, dismiss or retaliate against an in-home services client or employee because he or she or any member of his or her family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the in-home services provider agency or any in-home services employee which he or she has reasonable cause to believe has been committed or has occurred.  

10.  The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who are or have been employed by an in-home service provider agency and who have been finally determined by the department to, pursuant to section 660.315, have misappropriated any property or funds, or falsified any documents for service delivery of an in-home services client and who came to be known to the person, directly, or indirectly while employed by an in-home services provider agency.]

[660.320.  1.  Reports confidential under section 198.070, RSMo, and sections 660.300 to 660.315 shall not be deemed a public record and shall not be subject to the provisions of section 109.180, RSMo, or chapter 610, RSMo.  The name of the complainant or any person mentioned in the reports shall not be disclosed unless:

(1)  The complainant, resident or the in-home services client mentioned agrees to disclosure of his or her name;

(2)  The department determines that disclosure is necessary in order to prevent further abuse, neglect, misappropriation of property or funds, or falsification of any documents verifying service delivery to an in-home services client;

(3)  Release of a name is required for conformance with a lawful subpoena;

(4)  Release of a name is required in connection with a review by the administrative hearing commission in accordance with section 198.039, RSMo;

(5)  The department determines that release of a name is appropriate when forwarding a report of findings of an investigation to a licensing authority; or

(6)  Release of a name is requested by the division of family services for the purpose of licensure under chapter 210, RSMo.  

2.  The department shall, upon request, provide to the division of employment security within the department of labor and industrial relations copies of the investigative reports that led to an employee being placed on the disqualification list.]

[660.512.  No rule or portion of a rule promulgated under the authority of chapter 210, RSMo, shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.]

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