Missouri HB 1512: Establishes and modifies provisions relating to child abuse or neglect

Bill Text

FIRST REGULAR SESSION
HOUSE BILL NO. 1512
103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE PROUDIE.
3178H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
To repeal section 210.125, RSMo, and to enact in lieu thereof two new sections relating to
child abuse or neglect.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.125, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 210.125 and 210.144, to read as follows:
210.125. 1. A police officer, law enforcement official, or a physician who has
2 reasonable cause to suspect that a child is suffering from illness or injury or is in danger of
3 personal harm by reason of his surroundings and that a case of child abuse or neglect exists,
4 may request that the juvenile officer take the child into protective custody under chapter 211.
5 2. Apoliceofficer, lawenforcementofficial, oraphysicianwho hasreasonablecause
6 to believe that a child is in imminent danger of suffering serious physical harm or a threat to
7 lifeasaresultofabuseorneglectandsuchpersonhasreasonablecausetobelievetheharmor
8 threat to life may occur before a juvenile court could issue a temporary protective custody
9 order or before a juvenile officer could take the child into protective custody, the police
10 officer,lawenforcementofficialorphysicianmaytakeorretaintemporaryprotectivecustody
11 of the child without the consent of the child's parents, guardian or others legally responsible
12 for his care.
13 3. Any person taking a child in protective custody under this section shall
14 immediately notify the juvenile officer of the court of the county in which the child is located
15 of his actions and notify the division and make a reasonable attempt to advise the parents,
16 guardians or others legally responsible for the child's care. The jurisdiction of the juvenile
17 court attaches from the time the juvenile is taken into protective custody. Such person 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.

18 file,assoonaspracticablebutnolaterthantwelvehours,awrittenstatementwiththejuvenile
19 officer which sets forth the identity of the child and the facts and circumstances which gave
20 such person reasonable cause to believe that there was imminent danger of serious physical
21 harm or threat to the life of the child. Upon notification that a child has been taken into
22 protective custody, the juvenile officer shall either return the child to his parents, guardian, or
23 othersresponsiblefor his careorshallinitiate childprotectiveproceedingsunder chapter211.
24 In no event shall an employee of the division, acting upon his own, remove a child under the
25 provisions of this act.
26 4. Temporary protective custody for purposes of this section shall not exceed twenty-
27 four hours. Temporary protective custody for a period beyond twenty-four hours may be
28 authorized only by an order of the juvenile court, except cases in which a parent, guardian,
29 or legal representative provides proof of a known medical condition found within a
30 child's medical history that contradicts such abuse or neglect allegations. Proof under
31 this subsection shall be accepted by the guardian ad litem, the caseworker, a peace
32 officer, or any other individual involved in the investigation that is not the parent,
33 guardian, or legal representative.
34 5. For the purposes of this section, "temporary protective custody" shall mean
35 temporary placement within a hospital or medical facility or emergency foster care facility or
36 such other suitable custody placement as the court may direct; provided, however, that an
37 abused or neglected child may not be detained in temporary custody in a secure detention
38 facility.
210.144. 1. As used in this section, "network" means the sexual assault forensic
2 examination-child abuse resource and education (SAFE-CARE) network.
3 2. Any agreement between the division and the network to provide assistance in
4 connection with abuse or neglect investigations conducted by the division shall require
5 the network to have the ability to obtain consultations with randomized geneticists or
6 physicians who specialize in identifying conditions that mimic child abuse symptoms or
7 other unique health conditions including, but not limited to:
8 (1) Rickets;
9 (2) Ehlers-Danlos syndrome;
10 (3) Osteogenesis imperfecta;
11 (4) Vitamin D deficiency;
12 (5) Other similar metabolic bone diseases or connective tissue disorders; or
13 (6) Any other medical condition that mimics child maltreatment or increases the
14 risk of a misdiagnosis of child maltreatment.
HB 1512 2

15 3. During an investigation of abuse or neglect or an assessment provided under
16 subsection2ofthissection,thedivisionshallrefer achild'scaseforconsideration witha
17 specialist if: