Missouri SB 623: Modifies provisions of law relating to child protection

Bill Text

SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
SENATE SUBSTITUTE FOR
SENATE BILL NO. 623
100TH GENERAL ASSEMBLY
3325H.05C DANA RADEMAN MILLER, Chief Clerk
AN ACT
To repeal sections 210.145, 210.160, 210.566, and 452.402, RSMo, and to enact in lieu thereof
five new sections relating to the protection of children.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 210.145, 210.160, 210.566, and 452.402, RSMo, are repealed and
2 five new sections enacted in lieu thereof, to be known as sections 210.145, 210.160, 210.566,
3 211.135, and 452.402, to read as follows:
210.145. 1. The division shall develop protocols which give priority to:
2 (1) Ensuring the well-being and safety of the child in instances where child abuse or
3 neglect has been alleged;
4 (2) Promoting the preservation and reunification of children and families consistent with
5 state and federal law;
6 (3) Providing due process for those accused of child abuse or neglect; and
7 (4) Maintaining an information system operating at all times, capable of receiving and
8 maintaining reports. This information system shall have the ability to receive reports over a
9 single, statewide toll-free number. Such information system shall maintain the results of all
10 investigations, family assessments and services, and other relevant information.
11 2. (1) The division shall utilize structured decision-making protocols, including a
12 standard risk assessment that shall be completed within seventy-two hours of the report
13 of abuse or neglect, for classification purposes of all child abuse and neglect reports. The
14 protocols developed by the division shall give priority to ensuring the well-being and safety of
15 the child. All child abuse and neglect reports shall be initiated within twenty-four hours and
16 shall be classified based upon the reported risk and injury to the child. The division shall
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.

HCS SS SB 623 2
17 promulgate rules regarding the structured decision-making protocols to be utilized for all child
18 abuse and neglect reports.
19 (2) The director of the division and the office of state courts administrator shall
20 develop a joint safety assessment tool before December 31, 2020, and such tool shall be
21 implemented before January 1, 2022. The safety assessment tool shall replace the standard
22 risk assessment required under subdivision (1) of this subsection.
23 3. Upon receipt of a report, the division shall determine if the report merits investigation,
24 including reports which if true would constitute a suspected violation of any of the following:
25 section 565.020, 565.021, 565.023, 565.024, or 565.050 if the victim is a child less than eighteen
26 years of age, section 566.030 or 566.060 if the victim is a child less than eighteen years of age,
27 or other crimes under chapter 566 if the victim is a child less than eighteen years of age and the
28 perpetrator is twenty-one years of age or older, section 567.050 if the victim is a child less than
29 eighteen years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 573.200, or
30 573.205, section 573.025, 573.035, 573.037, or 573.040, or an attempt to commit any such
31 crimes. The division shall immediately communicate all reports that merit investigation to its
32 appropriate local office and any relevant information as may be contained in the information
33 system. The local division staff shall determine, through the use of protocols developed by the
34 division, whether an investigation or the family assessment and services approach should be used
35 to respond to the allegation. The protocols developed by the division shall give priority to
36 ensuring the well-being and safety of the child.
37 4. The division may accept a report for investigation or family assessment if either the
38 child or alleged perpetrator resides in Missouri, may be found in Missouri, or if the incident
39 occurred in Missouri.
40 5. If the division receives a report in which neither the child nor the alleged perpetrator
41 resides in Missouri or may be found in Missouri and the incident did not occur in Missouri, the
42 division shall document the report and communicate it to the appropriate agency or agencies in
43 the state where the child is believed to be located, along with any relevant information or records
44 as may be contained in the division's information system.
45 6. When the child abuse and neglect hotline receives three or more calls, within a
46 seventy-two hour period, from one or more individuals concerning the same child, the division
47 shall conduct a review to determine whether the calls meet the criteria and statutory definition
48 for a child abuse and neglect report to be accepted. In conducting the review, the divis