HB 1229 -- Child Abuse and Neglect

Sponsor:  Stevenson

This bill changes the laws regarding the child abuse and neglect
registry.  In its main provisions, the bill:

(1)  Authorizes the Child Abuse and Neglect Review Board to place
individuals on the registry;

(2)  Allows a court to presume that a false report of child abuse
causes damage or injury to the reputation of the individual or
institution accused in the report and that the falsely accused
party may recover the costs of litigation;

(3)  Requires the Children's Division within the Department of
Social Services to complete a child abuse investigation within 30
days.  If the investigation concludes that abuse has likely
occurred, the division cannot add a perpetrator to the registry
or release information about the investigation to anyone other
than law enforcement agencies unless the perpetrator does not
request a review by the review board or it has determined that
abuse or neglect has occurred.  Within 10 days of the
investigation determination or within 90 days of receiving an
investigation report, whichever occurs first, the alleged
perpetrator and the child named in the report must be notified in
writing about the preliminary determinations of the
investigation;

(4)  Prohibits investigation report information that identifies a
child, reporter, alleged perpetrator, or witness to be made
available to a researcher acting in good faith unless written
permission is obtained from the individual or his or her
guardian;

(5)  Requires the division to remove identifying information in a
child abuse investigation report from the division's records
within 45 days of the determination that abuse or neglect
occurred;

(6)  Requires the division director within 30 days of receiving
written evidence of a reversal to remove from the registry the
name of an individual whose investigation determination has been
reversed by the review board;

(7)  Allows the alleged perpetrator to seek a reversal
determination or a trial if requested within 60 days after
receiving notice of the investigation results; otherwise, the
preliminary investigation determination will be considered the
final determination.  If a trial is requested, the review board
must schedule a hearing within 90 days of the request;

(8)  Allows an alleged perpetrator to apply to the division for a
stay order at the same time a trial is requested in order to keep
his or her name off the registry, but the stay order may be
revoked at the discretion of a circuit court as further evidence
becomes available;

(9)  Allows the court to order litigation costs to an alleged
perpetrator who is granted a prevailing verdict determining his
or her innocence of any child abuse or neglect; and

(10)  Changes the provisions that regulate the membership of the
review board.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am