HB 2745

                                SECOND REGULAR SESSION
                         HOUSE COMMITTEE SUBSTITUTE FOR
                   HOUSE BILL NO. 2745
                          103RD GENERAL ASSEMBLY
5913H.02C  JOSEPH ENGLER, Chief Clerk
                                           AN ACT
To repeal section 210.110, RSMo, and to enact in lieu thereof one new section relating to
       health screenings upon a child's entry into custody.
Be it enacted by the General Assembly of the state of Missouri, as follows:
        Section A. Section 210.110, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 210.110, to read as follows:
        210.110. As used in sections 210.109 to 210.165, and sections 210.180 to 210.183,
2 the following terms mean:
3(1) "Abuse", any physical injury, sexual abuse, or emotional abuse inflicted on a child
4 other than by accidental means by those responsible for the child's care, custody, and control,
5 except that discipline including spanking, administered in a reasonable manner, shall not be
6 construed to be abuse. Victims of abuse shall also include any victims of sex trafficking or
7 severe forms of trafficking as those terms are defined in 22 U.S.C. Section 7102, as amended;
8(2) "Assessment and treatment services for children", an approach to be developed by
9 the children's division which will recognize and treat the specific needs of at-risk and abused
10 or neglected children. The developmental and medical assessment may be a broad physical,
11 developmental, and mental health screening [to be completed within thirty days of a child's
12 entry into custody and] that shall be in accordance with the time frames set forth under
13 paragraphs (a) and (b) of this subdivision and the periodicity schedule set forth by the
14 American Academy of Pediatrics thereafter as long as the child remains in care. Screenings
15 may be offered at a centralized location and shall include, at a minimum, the following:
16(a) Within seventy-two hours upon entry into custody, a [complete] physical to be
17 performed by a [pediatrician] physician or nurse practitioner familiar with the effects of
18 abuse [and] or neglect on young children. The physician or nurse practitioner who
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.
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19 performs the physical under this paragraph shall also request the child's past medical
20 records, and a foster family of the child shall have access to all medical records under
21 this paragraph. If medical records indicate that an evaluation has been completed and
22 such evaluation indicated a need for developmental, behavioral, and emotional
23 treatment, best efforts shall be made to provide or, if such treatment is being
24 provided, continue such care with the current provider or another provider if such
25 provider is not available. Any person receiving such request shall fulfill the request
26 within thirty days of placement. No vaccine shall be administered during the physical
27 without the consent of the biological parent; and
28(b) Within thirty days of the physical under paragraph (a) of this subdivision, a
29 referral for a developmental, behavioral, and emotional screening in addition to early
30 periodic screening, diagnosis, and treatment services, including a core set of standardized and
31 recognized instruments as well as interviews with the child and appropriate caregivers. The
32 screening battery may be performed by a licensed mental health professional familiar with the
33 effects of abuse [and] or neglect on young children or a primary care physician using a
34 standardized assessment tool, who will then serve as the liaison between all service
35 providers in ensuring that needed services are provided. Such treatment services may include
36 in-home services, out-of-home placement, intensive twenty-four-hour treatment services,
37 family counseling, parenting training and other best practices.
38
39 Children whose screenings indicate an area of concern may complete a comprehensive, in-
40 depth health, psychodiagnostic, or developmental assessment within sixty days of entry into
41 custody;
42(3) "Central registry", a registry of persons where the division has found probable
43 cause to believe prior to August 28, 2004, or by a preponderance of the evidence after August
44 28, 2004, or a court has substantiated through court adjudication that the individual has
45 committed child abuse or neglect or the person has pled guilty or has been found guilty of a
46 crime pursuant to section 565.020, 565.021, 565.023, 565.024, 565.050, 566.030, 566.060, or
47 567.050 if the victim is a child less than eighteen years of age, or any other crime pursuant to
48 chapter 566 if the victim is a child less than eighteen years of age and the perpetrator is
49 twenty-one years of age or older, a crime under section 568.020, 568.030, 568.045, 568.050,
50 568.060, 568.080, 568.090, 573.023, 573.025, 573.035, 573.037, 573.040, 573.200, or
51 573.205, or an attempt to commit any such crimes. Any persons placed on the registry prior
52 to August 28, 2004, shall remain on the registry for the duration of time required by section
53 210.152;
54(4) "Child", any person, regardless of physical or mental condition, under eighteen
55 years of age;
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56(5) "Children's services providers and agencies", any public, quasi-public, or private
57 entity with the appropriate and relevant training and expertise in delivering services to
58 children and their families as determined by the children's division, and capable of providing
59 direct services and other family services for children in the custody of the children's division
60 or any such entities or agencies that are receiving state moneys for such services;
61(6) "Director", the director of the Missouri children's division within the department
62 of social services;
63(7) "Division", the Missouri children's division within the department of social
64 services;
65(8) "Family assessment and services", an approach to be developed by the children's
66 division which will provide for a prompt assessment of a child who has been reported to the
67 division as a victim of abuse or neglect by a person responsible for that child's care, custody
68 or control and of that child's family, including risk of abuse and neglect and, if necessary, the
69 provision of community-based services to reduce the risk and support the family;
70(9) "Family support team meeting" or "team meeting", a meeting convened by the
71 division or children's services provider in behalf of the family and/or child for the purpose of
72 determining service and treatment needs, determining the need for placement and developing
73 a plan for reunification or other permanency options, determining the appropriate placement
74 of the child, evaluating case progress, and establishing and revising the case plan;
75(10) "Investigation", the collection of physical and [verbal] oral evidence to
76 determine if a child has been abused or neglected;
77(11) "Jail or detention center personnel", employees and volunteers working in any
78 premises or institution where incarceration, evaluation, care, treatment or rehabilitation is
79 provided to persons who are being held under custody of the law;
80(12) "Neglect", failure to provide, by those responsible for the care, custody, and
81 control of the child, the proper or necessary support, education as required by law, nutrition or
82 medical, surgical, or any other care necessary for the child's well-being, except that neglect
83 shall not be found by virtue of the sole fact that a person allows a child to engage in
84 independent activities without adult supervision including, but not limited to, traveling to or
85 from school or nearby locations by bicycle or on foot, playing outdoors, or remaining at home
86 for a reasonable period of time, provided such activities are appropriate based on the child's
87 age, maturity, and physical and mental abilities, and the lack of adult supervision does not
88 constitute conduct that is so grossly negligent as to endanger the health or safety of the child.
89 Victims of neglect shall also include any victims of sex trafficking or severe forms of
90 trafficking as those terms are defined in 22 U.S.C. Section 7102, as amended;
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91(13) "Preponderance of the evidence", that degree of evidence that is of greater
92 weight or more convincing than the evidence which is offered in opposition to it or evidence
93 which as a whole shows the fact to be proved to be more probable than not;
94(14) "Probable cause", available facts when viewed in the light of surrounding
95 circumstances which would cause a reasonable person to believe a child was abused or
96 neglected;
97(15) "Report", the communication of an allegation of child abuse or neglect to the
98 division pursuant to section 210.115;
99(16) "Those responsible for the care, custody, and control of the child", includes, but
100 is not limited to:
101(a) The parents or legal guardians of a child;
102(b) Other members of the child's household;
103(c) Those exercising supervision over a child for any part of a twenty-four-hour day;
104(d) Any adult person who has access to the child based on relationship to the parents
105 of the child or members of the child's household or the family;
106(e) Any person who takes control of the child by deception, force, or coercion; or
107(f) School personnel, contractors, and volunteers, if the relationship with the child
108 was established through the school or through school-related activities, even if the alleged
109 abuse or neglect occurred outside of school hours or off school grounds.
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