CCS HCS SB 84 -- CHILDREN

This bill changes the laws regarding children.

CRIMINAL BACKGROUND CHECKS

Currently, an entity making a request for criminal history record
information that is based on a fingerprint search must pay a fee
of not more than $14 when the request is required by law and not
more than $20 when not required by law.  Under the bill, an
entity cannot be charged a fee of more than $20 dollars for
criminal history record information based on a fingerprint
search, unless the request is required for a concealed carry
endorsement or foster home, residential care facility, or child
placing agency licensing where the fee will be $14.

Currently, an entity making a request as required by law for
criminal history record information that is not based on a
fingerprint search must pay a fee of not more than $5 and
entities making requests not required by law no more than $10.
Under the bill, an entity cannot pay more than $9 regardless of
why it is requested.  However, after January 1, 2010, the
Superintendent of the State Highway Patrol may increase the fee
by no more than $1 per year, up to a $15 maximum.

Family members who are caring for a child as a result of an
emergency placement will be required to undergo a criminal
background check within 15 calendar days.  Currently, a check
must be made within 15 business days, and there is an exception
for conducting checks for family members who are within the
second degree of consanguinity of the child.  The Children's
Division within the Department of Social Services and the
Department of Health and Senior Services are allowed to waive the
fingerprint background check requirement for a foster care
applicant when recertifying the foster care home.

INTERSTATE COMPACT FOR JUVENILES

The bill changes the laws regarding the Interstate Compact for
Juveniles.  The compact is an existing agreement between the
states regarding the supervision and transfer of juvenile
delinquents who have escaped from supervision to another state.
Adoption of the compact makes Missouri a member of the Interstate
Commission for Juveniles and requires the state to select a
compact administrator to manage the state's transfer of those
juveniles subject to the compact.  The compact establishes the
powers and duties of the interstate commission and specifies the
bylaws, corporate structure, rule-making authority, financing
mechanism, process for dispute resolution, and enforcement
provisions.

INTERSTATE COMPACT FOR THE PLACEMENT OF CHILDREN

The bill changes the laws regarding the Interstate Compact for
the Placement of Children.  The compact is an existing agreement
between the states regarding the interstate placement of
children.  The bill establishes a process and the operating
procedures to place children subject to the compact in safe and
suitable homes in a timely manner and facilitates the ongoing
supervision of a placement, delivery of services, and
communication between the states.  Adoption of the revised
compact makes Missouri a member of the Interstate Commission for
the Placement of Children and requires the state to establish a
central state compact office to be responsible for state
compliance with the compact and the rules of the commission.  The
compact establishes the powers and duties of the commission and
specifies the bylaws, corporate structure, rule-making authority,
financing mechanism, process for dispute resolution, and
enforcement provisions.  The compact promotes coordination
between the compact, the Interstate Compact for Juveniles, the
Interstate Compact on Adoption and Medical Assistance, and other
compacts affecting the placement of and services to children
otherwise subject to this compact.  The compact provides for a
state's continuing legal jurisdiction and responsibility for the
placement and care of a child that it would have had if the
placement was intrastate and establishes guidelines, in
collaboration with Indian tribes, for interstate cases involving
Indian children.

AMBER ALERT SYSTEM AND MISSING PERSONS

The bill specifies that the Amber Alert System is to aid in the
location of abducted children rather than adults and that an
"abducted child" is an individual whose whereabouts are unknown,
is younger than 18 years of age, and is reasonably believed to be
a victim of kidnaping or younger than 18 years of age and at
least 14 years of age who would be reasonably believed to be a
victim of child kidnaping if the person was younger than 14 years
of age.

An advisory system is established to aid in the identification
and location of missing endangered persons and specifies that a
"missing endangered person" is someone whose whereabouts are
unknown and who is:

(1)  Physically or mentally disabled to the degree that the
person is dependent upon an agency or another individual;

(2)  Missing under circumstances indicating that the missing
person's safety may be in danger; or

(3)  Missing under involuntary or unknown circumstances.

TERMINATION OF PARENTAL RIGHTS

A juvenile officer or the juvenile division of the circuit court
must file a petition for the termination of parental rights
within 60 days of the judicial determination.  Filing a petition
after 60 days will not prohibit the court's jurisdiction to
adjudicate a petition for the termination of parental rights.

CHILDREN IN RESIDENTIAL CARE FACILITIES

The bill requires the Department of Elementary and Secondary
Education in conjunction with the Department of Social Services
to conduct a study to determine the means of ensuring that the
educational needs of children in residential care facilities are
met.  A report must be given to the General Assembly and Governor
by November 1, 2007, which includes, but is not limited to,
recommendations for specific procedures and timetables to
determine the appropriate amount of hours in a school day for a
child; the appropriateness of the education for the children who
do not have individualized education programs or who are without
a pending referral for special education services; and the
responsibility, financial or otherwise, of the local school
district and the child placing agency on the proper and timely
placement of children in an appropriate educational setting.

The interstate compacts become effective August 28, 2007, or upon
legislative enactment of the compacts into law by no fewer than
35 states, whichever occurs later.

Missouri House of Representatives
94th General Assembly, 1st Regular Session
Last Updated July 25, 2007 at 11:21 am