Missouri SB 890: Establishes procedures for obtaining certain information for a child abuse or neglect investigation and modifies procedures relating to termination of parental rights

Bill Text

SECOND REGULAR SESSION
[P E R F E C T E D]
SENATE SUBSTITUTE FOR
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 890
99TH GENERAL ASSEMBLY
INTRODUCED BY SENATOR RIDDLE.
Offered March 28, 2018.
Senate Substitute adopted, March 28, 2018.
Taken up for Perfection March 28, 2018. Bill declared Perfected and Ordered Printed, as amended.
ADRIANE D. CROUSE, Secretary.
5820S.04P
AN ACT
To repeal section 211.447, RSMo, and to enact in lieu thereof two new sections
relating to child abuse and neglect, with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Section 211.447, RSMo, is repealed and two new sections
2 enacted in lieu thereof, to be known as sections 210.151 and 211.447, to read as
3 follows:
210.151. 1. The children's division, a juvenile officer, or a
2 prosecuting or circuit attorney may petition the circuit court for an
3 order directing a parent, guardian, or other person with care, custody,
4 or control of a child who is the subject of an investigation of child
5 abuse or neglect to present the child at a place and time designated by
6 the court to a children's division worker for a visual assessment of the
7 child's health and safety; to a SAFE CARE provider, as defined in
8 section 334.950, for a sexual assault forensic examination or a child
9 physical abuse forensic examination; or to a child assessment center,
10 as described in section 210.001, for an interview. A visual assessment
11 may include an unhindered view of the child's head or limbs, but no
12 child shall be required to answer questions without the consent of a
13 parent or guardian during the visual assessment, unless such
EXPLANATION--Matter enclosed in bold-faced brackets [thus] in this bill is not enacted and is
intended to be omitted in the law.

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14 questioning is otherwise authorized by law. During an interview at a
15 child assessment center, a video recording of any interview with the
16 child at the center shall be made and preserved and shall be admissible
17 in evidence in accordance with Missouri supreme court rules and the
18 provisions of chapters 490, 491, 492, 510, 545, and 595.
19 (1) The court shall enter an order for presentation of a child for
20 a sexual assault forensic examination, a child physical abuse forensic
21 examination, or an interview under this section if the court determines
22 that there is probable cause to believe that the child has been abused
23 or neglected, the examination or interview is reasonably necessary for
24 the completion of an investigation or for the collection of evidence, and
25 doing so would be in the best interests of the child. The court shall
26 enter an order for a visual assessment under this section if the court
27 determines that there is reasonable suspicion to believe that the child
28 has been abused or neglected and the parent or guardian will not
29 voluntarily provide access to the child, a visual assessment is
30 reasonably necessary for the completion of an investigation or for the
31 collection of evidence, and doing so would be in the best interests of
32 the child.
33 (2) The petition and order may be made on an ex parte basis
34 when it is reasonable to believe that providing notice may place the
35 child at risk of further abuse or neglect, when it is reasonable to
36 believe that providing notice may cause the child to be removed from
37 the state of Missouri or the jurisdiction of the court, or if it is
38 reasonable to believe that evidence relevant to the investigation will be
39 unavailable if the order is not entered.
40 2. Any person served with a petition and order under this section
41 shall not be required to file an answer, but may file an answer or a
42 motion for a protective order or other appropriate relief. At the time
43 the order is served, the parent, guardian, or person with care, custody,
44 or control of the child shall be advised, both orally and in writing, of
45 his or her right to file an answer or motion with the court.
46 (1) The answer or motion shall be filed at or before the time for
47 production or disclosure set out in the order. The answer or motion
48 shall be in writing, but no particular form shall be required. The clerk
49 shall serve a copy of the answer or motion on the director of the
50 children's division or on the agency that applied for the order.

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51 (2) The court shall expedite a hearing on the motion and shall
52 issue its decision no later than one business day after the date the
53 motion is filed. The court may review the motion in camera and stay
54 implementation of the order once for up to three days.
55 (3) Any information that may reveal the identity of a hotline
56 reporter shall not be disclosed to anyone in any proceeding under this
57 section unless otherwise allowed by law.
58 3. The petition for an order under this section shall be filed in
59 the juvenile or family court that has jurisdiction under section 211