HCS SCS SB 96 -- NEEDS AND RIGHTS OF CHILDREN

SPONSOR:  Justus (Pratt)

COMMITTEE ACTION:  Voted "do pass" by the Special Committee on
Children and Families by a vote of 9 to 3.

This substitute changes the laws regarding the needs and rights
of children.

EDUCATIONAL RIGHTS OF FOSTER CARE STUDENTS (Sections 167.018,
167.019, 167.021, and 210.1050, RSMo)

The Foster Pupil Rights to Education is established which
requires each school district to ensure and facilitate the proper
educational placements, enrollment, and checkout from school of
foster children; to assist in the transfer between schools by
ensuring transfer of grades, records, and credits; to request
school records; and to submit requested school records.

Child-placing agencies must promote educational stability for
foster care children by considering the location of the school
when placing the foster child in a school.  A foster care child
may continue to attend his or her school of origin pending
resolution of a school placement dispute.  Each school district
must accept for credit any full or partial course work
satisfactorily completed by a pupil while attending school.  A
pupil who completes the graduation requirements of his or her
school district of residence while under the jurisdiction of the
juvenile court will receive a diploma.  If a foster care pupil is
absent from school because a court or child-placing agency makes
a change in placement for the pupil or because the pupil has a
court-ordered activity, the pupil's grades and credits will be
calculated as of the date the pupil left school and the absence
cannot lessen the foster pupil's grades.  If allowed by federal
law, school districts can allow a child-placing agency to have
access to a foster care pupil's school records to fulfill
educational case management responsibilities as required by the
juvenile officer or by law and assist with a school transfer or
the placement of a pupil.

When possible, a foster child must be placed in the same
educational setting as his or her siblings.  A foster parent is
deemed qualified to make the best educational choices for a
foster child in his or her care as long as the foster parent
enrolls the child in an authorized school that is appropriate for
sibling groups and does not disrupt any prior enrollment or the
current school semester.  A foster parent is authorized to use
his or her discretion to determine the educational needs of a
foster child in his or her care unless otherwise ordered by a
court.

Each child who is in foster care or who is placed in a licensed
residential care facility is entitled to a full school day of six
hours under the guidance and direction of teachers in the
educational process, unless the school district determines that
fewer hours are warranted.  For children placed in a licensed
residential care facility, the Commissioner of Education will be
an ombudsman to assist the family support team and school
district to determine the appropriate school day length for the
child.  The ombudsman will have the final decision over any
discrepancies over the length of time.

PARENTAL RIGHTS (Section 210.005)

A parent or legal guardian has the guaranteed right to care,
educate, and raise his or her children without governmental
hindrance unless there is a compelling governmental interest.

CHILD ABUSE AND NEGLECT REPORTS (Sections 210.131, 210.135, and
210.145)

Beginning January 1, 2010, any materials created, developed, or
used by the Children's Division with the Department of Social
Services to educate the public about false child abuse and
neglect reports must contain a statement that informs the public
that a false or misleading report is against the law.  Exceptions
are made for supplies of material produced prior to June 1, 2009.

Hotline and service workers for the division who are involved in
a case of the death or severe injury of a foster child must
receive a preliminary evaluation by the division to determine if
a performance assessment of the worker is required to be
completed within three days of the child's death or injury.
Hotline workers must advise individuals to call 911 when a child
may be in immediate danger.

PLACEMENT OF GRANDCHILDREN IN AN EMERGENCY (Sections 210.305 and
210.565)

When an emergency placement of a child is deemed necessary, the
substitute requires the Children's Division to make documented
diligent efforts to locate, contact, and place the child with a
grandparent unless the division determines that the placement is
not in the best interest of the child.  The division must have
documented just cause for the non-placement with a grandparent.
Prior to contacting the grandparent, the division must care for
any physical health needs of the child; and the grandparent must
comply with the emergency background check requirements.  If
contact with a grandparent cannot be made within three hours of
the division determining an emergency placement is necessary, the
child may be placed in a foster home; and during that three-hour
period, the child can be placed in foster care.  The provisions
of the substitute are not to interfere with the laws relating to
parental rights or judicial authority.

When a court determines that a child must be placed in a foster
home, the division must make diligent efforts to locate the
grandparents of the child and determine if they wish to be
considered for the placement of the child.

FOSTER PARENTS (Section 210.556 and Section 1)

The Children's Division or its contractors will be in violation
of law if a caseworker fails to inform a foster parent or
potential adoptive parent of information regarding relevant
information about a child in order to secure placement of that
child.  The division must provide two weeks' notice to foster
parents for all meetings regarding licensure status or child
placements.  Within its current appropriation, the division must
establish funding for respite care for foster children, and
foster parents must discipline their foster child using methods
accepted by the division.  A foster parent must be contacted when
a sibling of a foster child in his or her care enters the foster
care system to determine if the foster parent is interested in
placing the siblings together.  Foster parents must participate
in the development and review of foster care system licensure
policies in accordance with the newly established Missouri State
Foster Care and Adoption Board.  The board is to create and
review division policies and procedures related to foster care
and adoption including, but not limited to, in-service training
for foster and adoptive parents; improvement of foster care and
adoption practices; and ensure adequate checks and balances over
the services provided to children in foster care.  The board must
provide to the Director of the Department of Social Services,
Governor, Office of the Child Advocate, and, upon request, the
General Assembly an annual report of the board's activities.

FOSTER CHILDREN VICTIMS OF SEXUAL OFFENSES (Section 453.330)

Any foster child younger than 18 years of age who is seeking an
abortion must be given any services or treatments that are
provided to any victim of a sexual offense and must have a tissue
sample, collected by the Department of Health and Senior
Services, from the unborn child preserved for DNA testing by the
department, to determine paternity if the pregnancy was the
result of a criminal offense.  The DNA results must be given to
the county prosecuting attorney to determine if a sexual offense
has occurred.

CHILD WITNESS PROTECTION ACT (Section 491.725)

The substitute establishes the Child Witness Protection Act that
applies to children 17 years of age or younger who are testifying
in any judicial proceeding.  In its main provisions, the
substitute:

(1)  Requires the court to ensure that the oath be given to a
child in a manner that the child may fully understand his or her
duty to tell the truth, that questions are stated in a form which
is appropriate for the age of the child, and that questions are
explained to the child if necessary in order for him or her to
understand;

(2)  Requires the court to allow the child to testify at a time
of day when the child is best able to understand the questions
asked of him or her and to allow testimony to be in limited
duration;

(3)  Allows the child when testifying to have a comfort item,
upon motion and if all parties agree, such as a toy, blanket, or
similar item;

(4)  Allows the child to have a support person present and in
close proximity during his or her testimony to provide emotional
support, upon motion and if all parties agree.  The support
person must abide by the rules established by the court;

(5)  Requires the court to prevent intimidation or harassment of
the child by the parties or attorneys; and

(6)  Allows the court to order comfortable accommodations for the
child which can include adjusting the courtroom layout,
conducting the proceedings outside of a courtroom, or relaxing
the formalities of the proceedings.

FISCAL NOTE:  No impact on state funds in FY 2010, FY 2011, and
FY 2012.

PROPONENTS:  Supporters say that the bill provides continuity for
children in foster care regarding their education.  The foster
care system needs improvement to help with the educational needs
of foster children.  Foster children will be allowed to have
their records transferred in a timely manner so they can graduate
on time.  The bill promotes higher rates of graduation for youth
in foster care by increasing their ability to become productive
citizens.  Federal law has been passed to help guide states on
how to better serve the educational needs of foster children.
Foster children need to be given the same rights and
opportunities that children of intact families experience.

Testifying for the bill were Senator Justus; Kevin Drollinger,
Epworth Children and Family Services; Missouri Coalition of
Children Agencies; and Partnership for Children.

OPPONENTS:  There was no opposition voiced to the committee.

Missouri House of Representatives
95th General Assembly, 1st Regular Session
Last Updated November 17, 2009 at 9:26 am