HCS HB 1839 -- PROTECTIONS FOR CHILDREN AND ABUSE VICTIMS

SPONSOR:  Franz

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Family Services by a vote of 9 to 0.

This substitute changes the laws regarding protections for
children and abuse victims.

DRUG TESTING FOR RAPE VICTIMS (Section 191.220, RSMo)

Christy's Law is established which requires all health care
personnel involved in the forensic examination and medical
treatment of a rape victim to inform the victim of his or her
right to be tested for the presence of a date rape drug,
including GHB, rohypnol, ketamine, and ecstasy.  The drug test
results will be included with all other evidence and results
gathered during the examination.

BIRTH CERTIFICATES (Section 193.121)

Currently, after a parent adopts a child, a court establishes a
decree of adoption that may or may not state that the adopted
child's birth certificate may be changed to replace a birth
parent's name with the adoptive parent's name.  The substitute
establishes the Debbi Daniel Law which disallows a court-ordered
adoption decree or the adoptive parents' or adoptee's request for
a new birth certificate which changes the name of a birth parent
following an adoption.

CHILD ABUSE (Sections 210.135, 210.150, and 210.152)

The substitute gives immunity from any civil or criminal
liability to any person who reports a case of suspected child
abuse, neglect, or assault to the proper authorities including
liability for any action taken by the proper institution,
facility, or agency.

Investigation reports of child abuse or neglect in the Central
Registry of the Children's Division within the Department of
Social Services are allowed to be released to an alleged
perpetrator with pending criminal charges arising out of the
facts named in the investigation record prior to an indictment or
filed information.  The substitute reduces from 60 to 30 days
from the receipt of the notice from the division of its findings
that the alleged perpetrator has to seek a reversal and a review
by the Child Abuse and Neglect Review Board.  The amount of time
that an alleged perpetrator who is aggrieved by a review board's
decision has to request a judicial review is also reduced from 60
to 30 days.

DRIVER'S LICENSES OF REGISTERED SEXUAL OFFENDERS (Sections
302.060, 302.171, 302.181, 589.400, and 589.417)

The driver's or nondriver's license of a registered sexual
offender will expire after one year unless the license is issued
for a shorter period of time due to other requirements of law.  A
license will be revoked if the offender fails to register as
required by law.  A sexual offender's driver's or nondriver's
license will prominently display a unique code or identifier.
The fee for the one-year license will be $7.50.  The State
Highway Patrol must provide a list which includes the full name,
address, and Social Security number of registered sexual
offenders to the Department of Revenue.

PARENTAL RIGHTS

The substitute:

(1)  Revises the definition of "parent" as it relates to parental
rights to a birth parent or parents of the child, including a
putative father of the child and the husband of a birth mother at
the time the child was conceived, or a parent or parents of a
child by adoption (Section 210.817);

(2)  Specifies that a putative father of a child will have no
legal relationship unless he has acknowledged the child on his
own by affirmatively asserting his paternity (Section 211.021 and
211.442); and

(3)  Adds the conviction or a guilty plea for the same offenses
committed in another state to the list of violations preventing
the placement of a child.  A juvenile officer must file a
petition to terminate the parental rights of the child's parents
for any of these offenses.  Currently, a juvenile court cannot
place any child with a parent if the parent or any person
residing with the parent is found guilty of or pled guilty to
child abuse or a felony sexual offense involving a child (Section
211.038).

JUVENILE COURT

The substitute:

(1)  Allows a peace officer of this state, upon the written
request by another peace officer of this state or any other
state, the federal government, or a prosecuting attorney of this
state or any other state, to disclose records, information, or
reports concerning a person younger than 17 years of age in an
investigation of a matter within his or her jurisdiction (Section
211.321);

(2)  Adds the conviction or a guilty plea for the same offenses
committed in another state to the list of violations preventing
the placement of a child.  A juvenile officer must file a
petition to terminate the parental rights of the child's parents
for any of these offenses.  Currently, a juvenile court cannot
place any child with a parent if the parent or any person
residing with the parent is found guilty of or has pled guilty to
child abuse or a felony sexual offense involving a child.
(Section 211.447); and

(3)  Lowers the age for which the juvenile court does not have
jurisdiction over a child who is alleged to have violated a state
or municipal traffic ordinance or regulation from 15 years and
six months to 15 years of age (Section 211.031).

CHILD SUPPORT (Sections 452.340, 454.530, and 454.557)

The substitute:

(1)  Requires employers with 25 or more employees to transfer any
child support payments withheld from an employee's paycheck to
the Family Support Payment Center by electronic transfer; and

(2)  Changes the laws regarding the electronic storage of child
support obligation records in the automated child support system.
Support obligations will be deleted from the automated records in
cases where the obligation of a parent to make child support
payments terminates upon:

(a)  The child reaching 21 years of age;

(b)  The parent receiving child support furnishing a sworn
statement notifying the obligor parent that the child has been
emancipated;

(c)  The parent paying child support filing a sworn statement
stating that the child is emancipated and the factual basis for
the statement with the acknowledgment or affirmation by the
parent receiving child support; or

(d)  The court adjudicating a child emancipated after a hearing
on the contested emancipation statement filed by the parent
paying child support.

APPOINTMENT OF PARENTING COORDINATORS (Sections 452.436 -
452.438)

A court is authorized to appoint a parenting coordinator as a
neutral third party to assist in the resolution of disputes
between parents regarding the implementation of court-ordered
parenting plans.  The parenting coordinator must abide by
confidentiality judgements made by the court.   Either party to a
dissolution may object to the appointment of the parenting
coordinator unless the court makes specific findings that the
dissolution is a high-conflict case and the appointment is in the
best interest of the child.  The parenting coordinator will serve
for a specified period of time, in a mediator capacity, but not
more than two years and have authority to resolve disputes
between the parents regarding the implementation or clarification
of existing orders concerning the minor or dependent children
including, but not limited to, disputes concerning parenting time
and specific parental decisions.

Parents can file an objection pertaining to a judgment made by a
parenting coordinator.  Parenting coordinator are prohibited from
making any modification to any order, judgment, or decree of the
court.  The court may order fees to be paid by the parties, but
will not appoint a coordinator if it finds the parties do not
have the means to pay the fees.  Parenting coordinators will be
immune from civil or criminal liability in any claim that arises
out of an act or omission of the coordinator during the
performance of his or her duties unless the act or omission
causing injury was willful or wanton.

Parenting coordinators must provide a report with recommendations
to each parent within 20 days of the recommendation being
determined without ex parte communication with the court.
Decisions made by the parenting coordinator in the report are
binding unless changed by a court.  A parent can file an
objection to the report within 15 days of receiving the report.
Responses to the objection must be filed with the court within in
15 days after the objection is made by the parent.  A court will
resolve the objection.

Any parenting coordinator appointed by a court must be a licensed
mental health professional or a licensed attorney and be
qualified under the Missouri Supreme Court rules governing family
mediation.  In the absence of a supreme court rule, required
training will consist of a minimum of sixteen hours in parenting
coordination, including a domestic violence component.

GUARDIANS AD LITEM (Section 488.230)

The services of guardians ad litem are added to the priority list
when a family court is determining how to spend moneys in the
county family services and justice fund for families receiving
dispute resolution services.

FISCAL NOTE:  Estimated Cost on General Revenue Fund of Unknown
in FY 2009, FY 2010, and FY 2011.  Estimated Income on Other
State Funds of Will not exceed $596,100 in FY 2009, FY 2010, and
FY 2011.

PROPONENTS:  Supporters say that current law does not require a
rape exam to include the testing for drugs commonly used to
facilitate sexual offenses.  The bill requires health care
personnel to inform survivors of sexual assault that they may
have been drugged and a test is available which will be
admittable evidence in a court of law.  The test will be a urine
test to be included in the medical protocols already implemented
by the Department of Health and Senior Services.  Testing rape
victims for drugs is recognized as a best practice, but it does
need standing in law to ensure that it is done in a proper
manner.

Testifying for the bill were Representative Low (39); and
Missouri Coalition Against Domestic Violence.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm