HB 2501 -- Protections for Children and Abuse Victims

Sponsor:  Franz

This bill 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 examination and 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.  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 bill
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 bill 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 bill reduces the amount of time 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.  The driver's or nondriver's license of a sexual
offender 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 bill:

(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 as well as 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 to a felony violation
of Chapter 566 when the child or any child in the family was a
victim to the list of violations terminating parental rights
(Section 211.447)

JUVENILE COURT

The bill:

(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 (Section 211.038); 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 bill:

(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 judgments 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
for more than two years and will 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 coordinators 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 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 16 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.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:12 pm