HB 2330 -- Duties of the Office of the Child Advocate

Sponsor:  Franz

This bill changes the laws regarding the duties of the Office of
the Child Advocate within the Office of Administration.  The bill
gives the office the authority to:

(1)  Communicate privately with child care providers, health care
providers, and educational institutions providing treatment and
services to a child under protective services;

(2)  Join as a party to all court proceedings after making an
appearance in a court on the case of a child in protective
custody of the state and prepare independent recommendations to
the court after consulting with the juvenile office and guardian
ad litem and, if appointed, the court appointed special advocate;

(3)  File any pleadings necessary in order to intervene on behalf
of a child at the appropriate judicial level using the resources
of the Office of the Attorney General; and

(4)  Convene meetings with the departments of Social Services and
Mental Health, the juvenile court, and juvenile officers and make
recommendations to them for necessary action.

The office is subject to the same disclosure restrictions and
confidentiality requirements that apply to the Children's
Division within the Department of Social Services regarding
information obtained during a child abuse and neglect
investigation except that any findings and recommendations
resulting from the investigation may be released upon request
with the names and other identifying information redacted.

The bill requires the office to establish and implement
procedures for the resolution of complaints.  Currently, the
office is required to do this whenever it is possible.  The
office, at its discretion, must seek to be joined as a party to
the case of a child or children in the state's custody when it
feels that the action is necessary to ensure the health, safety,
welfare, or human rights of the child.  Requests for joining as a
party must be honored by the court with jurisdiction in the case.

The annual detailed report on the work of the office that is to
be submitted to the Governor, General Assembly, and Missouri
Supreme Court must also include the number of complaints in which
the office needed to take legal action to protect children.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm