Missouri Statute | Act | Code |Public Health And Welfare| US Code - US Statute | Chapter 210 Child Protection And Reformation

1. The department of social services shall address the needs of
homeless, dependent and neglected children in the supervision and custody
of the division of family services and to their families-in-conflict by:

(1) Serving children and families as a unit in the least restrictive
setting available and in close proximity to the family home, consistent
with the best interests and special needs of the child;

(2) Insuring that appropriate social services are provided to the family
unit both prior to the removal of the child from the home and after
family reunification;

(3) Developing and implementing preventive and early intervention social
services which have demonstrated the ability to delay or reduce the need
for out-of-home placements and ameliorate problems before they become
chronic.

2. The department of social services shall fund only regional child
assessment centers known as:

(1) The St. Louis City child assessment center;

(2) The St. Louis County child assessment center;

(3) The Jackson County child assessment center;

(4) The Buchanan County child assessment center;

(5) The Greene County child assessment center;

(6) The Boone County child assessment center;

(7) The Joplin child assessment center;

(8) The St. Charles County child assessment center;

(9) The Jefferson County child assessment center;

(10) The Pettis County child assessment center;

(11) The southeast Missouri child assessment center;

(12) The Camden County child assessment center;

(13) The Clay-Platte County child assessment center;

(14) The Lakes Area child assessment center;

(15) The Ozark Foothills child assessment center; and

(16) The North Central Missouri child assessment center; provided the
other approved assessment centers included in subdivisions (1) to (14) of
this subsection submit to the department of social services a modified
funding formula for all approved child assessment centers, which would
require no additional state funding. (L. 1987 S.B. 244 § 1, A.L. 1999
S.B. 387, et al., A.L. 2000 H.B. 1677 merged with S.B. 757 & 602, A.L.
2001 S.B. 48, A.L. 2002 S.B. 923, et al., A.L. 2003 H.B. 575)

1. The department of social services, the department of health
and senior services, the department of mental health, the department of
elementary and secondary education, the division of youth services, and
the division of family services shall cooperate with the children's
service commission to prepare a detailed, comprehensive "Year 2000 Plan"
to provide the preventive services described in subsection 2 of this
section.

2. The "Year 2000 Plan" shall provide recommendations for the development
and implementation of coordinated social and health services which:

(1) Identify early problems experienced by children and their families
and the services which are adequate in availability, appropriate to the
situation, and effective;

(2) Seek to bring about meaningful change before family situations become
irreversibly destructive and before disturbed psychological behavioral
patterns and health problems become severe or permanent;

(3) Serve children and families in their own homes thus preventing
unnecessary out-of-home placement or institutionalization;

(4) Focus resources on social and health problems as they begin to
manifest themselves rather than waiting for chronic and severe patterns
of illness, criminality, and dependency to develop which require
long-term treatment, maintenance, or custody;

(5) Reduce duplication of and gaps in service delivery;

(6) Improve planning, budgeting, and communication among these state
agencies serving children and families; and

(7) Develop outcome standards for measuring the effectiveness of social
and health services for children and families.

3. Each such department or division shall cooperate with the commission
to develop a specific plan which shall be made available to the governor
and the members of the general assembly by December 1, 1988. (L. 1987
S.B. 244 § 2)

1. No child shall be permitted to enroll in or attend any
public, private or parochial day care center, preschool or nursery school
caring for ten or more children unless such child has been adequately
immunized against vaccine-preventable childhood illnesses specified by
the department of health and senior services in accordance with
recommendations of the Immunization Practices Advisory Committee (ACIP).
The parent or guardian of such child shall provide satisfactory evidence
of the required immunizations.

2. A child who has not completed all immunizations appropriate for his
age may enroll, if:

(1) Satisfactory evidence is produced that such child has begun the
process of immunization. The child may continue to attend as long as the
immunization process is being accomplished according to the ACIP/Missouri
department of health and senior services recommended schedule; or

(2) The parent or guardian has signed and placed on file with the day
care administrator a statement of exemption which may be either of the
following:

(a) A medical exemption, by which a child shall be exempted from the
requirements of this section upon certification by a licensed physician
that such immunization would seriously endanger the child's health or
life; or

(b) A parent or guardian exemption, by which a child shall be exempted
from the requirements of this section if one parent or guardian files a
written objection to immunization with the day care administrator.
Exemptions shall be accepted by the day care administrator when the
necessary information as determined by the department of health and
senior services is filed with the day care administrator by the parent or
guardian. Exemption forms shall be provided by the department of health
and senior services.

3. In the event of an outbreak or suspected outbreak of a
vaccine-preventable disease within a particular facility, the
administrator of the facility shall follow the control measures
instituted by the local health authority or the department of health and
senior services or both the local health authority and the department of
health and senior services, as established in Rule 19 CSR 20-20.040,
"Measures for the Control of Communicable Diseases".

4. The administrator of each public, private or parochial day care
center, preschool or nursery school shall cause to be prepared a record
of immunization of every child enrolled in or attending a facility under
his jurisdiction. An annual summary report shall be made by January
fifteenth showing the immunization status of each child enrolled, using
forms provided for this purpose by the department of health and senior
services. The immunization records shall be available for review by
department of health and senior services personnel upon request.

5. For purposes of this section, satisfactory evidence of immunization
means a statement, certificate or record from a physician or other
recognized health facility or personnel, stating that the required
immunizations have been given to the child and verifying the type of
vaccine and the month, day and year of administration.

6. Nothing in this section shall preclude any political subdivision from
adopting more stringent rules regarding the immunization of preschool
children. (L. 1988 S.B. 797 § 1)

Effective 9-1-88

CROSS REFERENCES: Consent to immunization may be delegated to other
persons, when, RSMo 431.058 Mandatory insurance coverage of
immunizations, exceptions, RSMo 376.1215

All law enforcement agencies shall maintain a confidential
record of the date and time a child less than seventeen years of age is
taken into custody for any reason and the date and time such child is
released from custody. (L. 1995 H.B. 174, et al. § 2)

1. To qualify for receipt of state or federal funds for
providing child-care services in the home either by direct payment or
through reimbursement to a child-care beneficiary, an applicant and any
person over the age of seventeen who is living in the applicant's home
shall be required to submit to a criminal background check pursuant to
section 43.540, RSMo, and a check of the central registry for child abuse
established in section 210.145. Effective January 1, 2001, the
requirements of this subsection or subsection 2 of this section shall be
satisfied through registration with the family care safety registry
established in sections 210.900 to 210.936. Any costs associated with
such checks shall be paid by the applicant.

2. Upon receipt of an application for state or federal funds for
providing child-care services in the home, the family support division
shall:

(1) Determine if a finding of child abuse or neglect by probable cause
prior to August 28, 2004, or by a preponderance of the evidence after
August 28, 2004, involving the applicant or any person over the age of
seventeen who is living in the applicant's home has been recorded
pursuant to section 210.145 or 210.221;

(2) Determine if the applicant or any person over the age of seventeen
who is living in the applicant's home has been refused licensure or has
experienced licensure suspension or revocation pursuant to section
210.221 or 210.496; and

(3) Upon initial application, require the applicant to submit to
fingerprinting and request a criminal background check of the applicant
and any person over the age of seventeen who is living in the applicant's
home pursuant to section 43.540, RSMo, and section 210.487, and inquire
of the applicant whether any children less than seventeen years of age
residing in the applicant's home have ever been certified as an adult and
convicted of, or pled guilty or nolo contendere to any crime.

3. Except as otherwise provided in subsection 4 of this section, upon
completion of the background checks in subsection 2 of this section, an
applicant shall be denied state or federal funds for providing child care
if such applicant, any person over the age of seventeen who is living in
the applicant's home, and any child less than seventeen years of age who
is living in the applicant's home and who the division has determined has
been certified as an adult for the commission of a crime:

(1) Has had a finding of child abuse or neglect by probable cause prior
to August 28, 2004, or by a preponderance of the evidence after August
28, 2004, pursuant to section 210.145 or section 210.152;

(2) Has been refused licensure or has experienced licensure suspension or
revocation pursuant to section 210.496;

(3) Has pled guilty or nolo contendere to or been found guilty of any
felony for an offense against the person as defined by chapter 565, RSMo,
or any other offense against the person involving the endangerment of a
child as prescribed by law; of any misdemeanor or felony for a sexual
offense as defined by chapter 566, RSMo; of any misdemeanor or felony for
an offense against the family as defined in chapter 568, RSMo, with the
exception of the sale of fireworks, as defined in section 320.110*, RSMo,
to a child under the age of eighteen; of any misdemeanor or felony for
pornography or related offense as defined by chapter 573, RSMo; or of any
similar crime in any federal, state, municipal or other court of similar
jurisdiction of which the director has knowledge or any offenses or
reports which will disqualify an applicant from receiving state or
federal funds.

4. An applicant shall be given an opportunity by the division to offer
any extenuating or mitigating circumstances regarding the findings,
refusals or violations against such applicant or any person over the age
of seventeen or less than seventeen who is living in the applicant's home
listed in subsection 2 of this section. Such extenuating and mitigating
circumstances may be considered by the division in its determination of
whether to permit such applicant to receive state or federal funds for
providing child care in the home.

5. An applicant who has been denied state or federal funds for providing
child care in the home may appeal such denial decision in accordance with
the provisions of section 208.080, RSMo.

6. If an applicant is denied state or federal funds for providing child
care in the home based on the background check results for any person
over the age of seventeen who is living in the applicant's home, the
applicant shall not apply for such funds until such person is no longer
living in the applicant's home.

7. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. All rulemaking authority delegated prior to August 28,
1999, is of no force and effect and repealed. Nothing in this section
shall be interpreted to repeal or affect the validity of any rule filed
or adopted prior to August 28, 1999, if it fully complied with all
applicable provisions of law. This section and chapter 536, RSMo, are
nonseverable and if any of the powers vested with the general assembly
pursuant to chapter 536, RSMo, to review, to delay the effective date or
to disapprove and annul a rule are subsequently held unconstitutional,
then the grant of rulemaking authority and any rule proposed or adopted
after August 28, 1999, shall be invalid and void. (L. 1999 H.B. 490 &
H.B. 308 § 1, A.L. 2004 H.B. 1453 merged with S.B. 762)

*Section 320.110 was repealed by S.B. 76 in 1985.

For child-care providers who receive state or federal funds for
providing child-care services in the home either by direct payment or
through reimbursement to a child-care beneficiary, the department of
social services shall:

(1) Be authorized to revoke the registration of a registered provider for
due cause;

(2) Require providers to be at least eighteen years of age;

(3) Where there are no local ordinances or regulations regarding smoke
detectors, require providers, by rule, to install and maintain an
adequate number of smoke detectors in the residence where child care is
provided;

(4) Require providers to be tested for tuberculosis;

(5) Require providers to notify parents if the provider does not have
immediate access to a telephone;

(6) Make providers aware of local opportunities for training in first aid
and child care. (L. 1999 H.B. 490 & H.B. 308 § 2)

1. Every licensed physician, midwife, registered nurse and all
persons who may undertake, in a professional way, the obstetrical and
gynecological care of a pregnant woman in the state of Missouri shall, if
the woman consents, take or cause to be taken a sample of venous blood of
such woman at the time of the first prenatal examination, or not later
than twenty days after the first prenatal examination, and subject such
sample to an approved and standard serological test for syphilis, an
approved serological test for hepatitis B and such other treatable
diseases and metabolic disorders as are prescribed by the department of
health and senior services. In any area of the state designated as a
syphilis outbreak area by the department of health and senior services,
if the mother consents, a sample of her venous blood shall be taken later
in the course of pregnancy and at delivery for additional testing for
syphilis as may be prescribed by the department. If a mother tests
positive for hepatitis B, the physician or person who professionally
undertakes the pediatric care of a newborn shall also administer the
appropriate doses of hepatitis B vaccine and hepatitis B immune globulin
(HBIG) in accordance with the current recommendations of the Advisory
Committee on Immunization Practices (ACIP). If the mother's hepatitis B
status is unknown, the appropriate dose of hepatitis B vaccine shall be
administered to the newborn in accordance with the current ACIP
recommendations. If the mother consents, a sample of her venous blood
shall be taken. If she tests positive for hepatitis B, hepatitis B immune
globulin (HBIG) shall be administered to the newborn in accordance with
the current ACIP recommendations.

2. The department of health and senior services shall, in consultation
with the Missouri genetic disease advisory committee, make such rules
pertaining to such tests as shall be dictated by accepted medical
practice, and tests shall be of the types approved by the department of
health and senior services. An approved and standard test for syphilis,
hepatitis B, and other treatable diseases and metabolic disorders shall
mean a test made in a laboratory approved by the department of health and
senior services. No individual shall be denied testing by the department
of health and senior services because of inability to pay. (L. 1941 p.
367 § 1, A.L. 1986 H.B. 1196, A.L. 1993 H.B. 522, A.L. 1998 H.B. 1419,
A.L. 2000 H.B. 1568)

As soon as the result of the test is determined, and if the test
is positive or doubtfully positive for syphilis or hepatitis B, the
physician, or such other obstetrical or gynecological attendant shall
fill out a form to be furnished by the department of health and senior
services of Missouri, with such finding noted thereon, and send it to the
county or municipal department of health of the county or city in which
the pregnant woman or the mother is then residing. In no event shall this
finding be made public by any person. (L. 1941 p. 367 § 2, A.L. 1993 H.B.
522)

In reporting every birth, and stillbirth, physicians and other
persons attending pregnancy cases and required to report births and
stillbirths, shall state on the report of birth, or stillbirth, whether a
blood test for syphilis has been made during such pregnancy upon a
specimen of venous blood taken from the woman who bore the child, and, if
made, the date when and where such test was made, and if not made, the
reason why such test was not made. Physicians and other persons shall
also report whether a blood test for hepatitis B was performed in
accordance with section 210.030. No report of birth, or stillbirth, shall
contain the result of such blood test. (L. 1941 p. 367 § 3, A.L. 1993
H.B. 522)

Any licensed physician, midwife, registered nurse and all
persons who may undertake, in a professional way, the obstetrical and
gynecological care of pregnant women in the state of Missouri, who shall
publish in any manner not required by law the result of said blood tests,
or who, if a blood test is made, fails to follow the provisions of
sections 210.030 to 210.060 or who misrepresents the facts required to be
reported in said sections, shall, on conviction, be adjudged guilty of a
misdemeanor, and be punished by imprisonment in the county jail not
exceeding one year, or by a fine of not more than one thousand dollars,
or by both such fine and imprisonment. (L. 1941 p. 367 § 4, A.L. 1993
H.B. 522)

Every physician, midwife or nurse who shall be in attendance
upon a newborn infant or its mother, shall drop into the eyes of such
infant immediately after delivery, a prophylactic solution approved by
the state department of health and senior services, and shall within
forty-eight hours thereafter, report in writing to the board of health or
county physician of the city, town or county where such birth occurs, his
or her compliance with this section, stating the solution used by him or
her. (RSMo 1939 § 9994)

Prior revisions: 1929 § 9124; 1919 § 7340; 1909 § 8321

Should one or both eyes of an infant become inflamed, swollen or
red, and show an unnatural discharge at any time within two weeks after
its birth, it shall be the duty of the parents or other persons having
charge of such infant, to immediately report in writing to the board of
health or county physician of the city, town or county in which such
birth occurs, the fact that such inflammation, swelling and redness of
the eyes and unnatural discharge exists. On receipt of such report, the
board of health or county physician shall take such immediate action as
it may deem necessary in order that blindness may be prevented. (RSMo
1939 § 9995)

Prior revision: 1929 § 9125

Every health officer shall furnish a copy of sections 210.070 to
210.100, to each and every person who is known to him to act as midwife
or nurse in the city or town for which such health officer is appointed,
and the secretary of state shall cause a sufficient number of copies of
said sections to be printed, and shall supply the same to such health
officers on application. (RSMo 1939 § 9996)

Prior revisions: 1929 § 9126; 1919 § 7341; 1909 § 8322

Any person violating any of the provisions of sections 210.070
to 210.090 shall be deemed guilty of a misdemeanor. (RSMo 1939 § 9997, A.
1949 S.B. 1065 § 210.10) Prior revisions: 1929 § 9127; 1919 § 7342; 1909
§ 8323

1. There is hereby established the "Missouri Children's Services
Commission", which shall be composed of the following members:

(1) The director or deputy director of the department of labor and
industrial relations and the director or deputy director of each state
agency, department, division, or other entity which provides services or
programs for children, including, but not limited to, the department of
mental health, the department of elementary and secondary education, the
department of social services, the department of public safety and the
department of health and senior services;

(2) One judge of a juvenile court, who shall be appointed by the chief
justice of the supreme court;

(3) One judge of a family court, who shall be appointed by the chief
justice of the supreme court;

(4) Four members, two from each political party, of the house of
representatives, who shall be appointed by the speaker of the house of
representatives;

(5) Four members, two from each political party, of the senate, who shall
be appointed by the president pro tempore of the senate. All members
shall serve for as long as they hold the position which made them
eligible for appointment to the Missouri children's services commission
under this subsection. All members shall serve without compensation but
may be reimbursed for all actual and necessary expenses incurred in the
performance of their official duties for the commission.

2. All meetings of the Missouri children's services commission shall be
open to the public and shall, for all purposes, be deemed open public
meetings under the provisions of sections 610.010 to 610.030, RSMo. The
Missouri children's services commission shall meet no less than once
every two months, and shall hold its first meeting no later than sixty
days after September 28, 1983. Notice of all meetings of the commission
shall be given to the general assembly in the same manner required for
notifying the general public of meetings of the general assembly.

3. The Missouri children's services commission may make all rules it
deems necessary to enable it to conduct its meetings, elect its officers,
and set the terms and duties of its officers.

4. The commission shall elect from amongst its members a chairman, vice
chairman, a secretary-reporter, and such other officers as it deems
necessary.

5. The services of the personnel of any agency from which the director or
deputy director is a member of the commission shall be made available to
the commission at the discretion of such director or deputy director. All
meetings of the commission shall be held in the state of Missouri.

6. The officers of the commission may hire an executive director. Funding
for the executive director may be provided from the Missouri children's
services commission fund or other sources provided by law.

7. The commission, by majority vote, may invite individuals representing
local and federal agencies or private organizations and the general
public to serve as ex officio members of the commission. Such individuals
shall not have a vote in commission business and shall serve without
compensation but may be reimbursed for all actual and necessary expenses
incurred in the performance of their official duties for the commission.
(L. 1983 H.B. 256 § 1, A.L. 1987 H.B. 873, A.L. 1989 H.B. 22 & 390, A.L.
1994 H.B. 1415, A.L. 1995 S.B. 460)

1. It shall be the duty of the Missouri children's services
commission to:

(1) Make recommendations which will encourage greater interagency
coordination, cooperation, more effective utilization of existing
resources and less duplication of effort in activities of state agencies
which affect the legal rights and well-being of children in Missouri;

(2) Develop an integrated state plan for the care provided to children in
this state through state programs;

(3) Develop a plan to improve the quality of children's programs
statewide. Such plan shall include, but not be limited to:

(a) Methods for promoting geographic availability and financial
accessibility for all children and families in need of such services;

(b) Program recommendations for children's services which include child
development, education, supervision, health and social services;

(4) Design and implement evaluation of the activities of the commission
in fulfilling the duties as set out in this section;

(5) Report annually to the governor with five copies each to the house of
representatives and senate about its activities including, but not
limited to the following:

(a) A general description of the activities pertaining to children of
each state agency having a member on the commission;

(b) A general description of the plans and goals, as they affect
children, of each state agency having a member on the commission;

(c) Recommendations for statutory and appropriation initiatives to
implement the integrated state plan;

(d) A report from the commission regarding the state of children in
Missouri.

2. There is hereby established within the children's services commission
the "Coordinating Board for Early Childhood", which shall constitute a
body corporate and politic, and shall include but not be limited to the
following members:

(1) A representative from the governor's office;

(2) A representative from each of the following departments: health and
senior services, mental health, social services, and elementary and
secondary education;

(3) A representative of the judiciary;

(4) A representative of the family and community trust board (FACT);

(5) A representative from the head start program;

(6) Nine members appointed by the governor with the advice and consent of
the senate who are representatives of the groups, such as business,
philanthropy, civic groups, faith-based organizations, parent groups,
advocacy organizations, early childhood service providers, and other
stakeholders.

The coordinating board may make all rules it deems necessary to enable it
to conduct its meetings, elect its officers, and set the terms and duties
of its officers. The coordinating board shall elect from amongst its
members a chairperson, vice chairperson, a secretary-reporter, and such
other officers as it deems necessary. Members of the board shall serve
without compensation but may be reimbursed for actual expenses necessary
to the performance of their official duties for the board.

3. The coordinating board for early childhood shall have the power to:

(1) Develop a comprehensive statewide long-range strategic plan for a
cohesive early childhood system;

(2) Confer with public and private entities for the purpose of promoting
and improving the development of children from birth through age five of
this state;

(3) Identify legislative recommendations to improve services for children
from birth through age five;

(4) Promote coordination of existing services and programs across public
and private entities;

(5) Promote research-based approaches to services and ongoing program
evaluation;

(6) Identify service gaps and advise public and private entities on
methods to close such gaps;

(7) Apply for and accept gifts, grants, appropriations, loans, or
contributions to the coordinating board for early childhood fund from any
source, public or private, and enter into contracts or other transactions
with any federal or state agency, any private organizations, or any other
source in furtherance of the purpose of subsections 2 and 3 of this
section, and take any and all actions necessary to avail itself of such
aid and cooperation;

(8) Direct disbursements from the coordinating board for early childhood
fund as provided in this section;

(9) Administer the coordinating board for early childhood fund and invest
any portion of the moneys not required for immediate disbursement in
obligations of the United States or any agency or instrumentality of the
United States, in obligations of the state of Missouri and its political
subdivisions, in certificates of deposit and time deposits, or other
obligations of banks and savings and loan associations, or in such other
obligations as may be prescribed by the board;

(10) Purchase, receive, take by grant, gift, devise, bequest or
otherwise, lease, or otherwise acquire, own, hold, improve, employ, use,
and otherwise deal with real or personal property or any interests
therein, wherever situated;

(11) Sell, convey, lease, exchange, transfer or otherwise dispose of all
or any of its property or any interest therein, wherever situated;

(12) Employ and fix the compensation of an executive director and such
other agents or employees as it considers necessary;

(13) Adopt, alter, or repeal by its own bylaws, rules, and regulations
governing the manner in which its business may be transacted;

(14) Adopt and use an official seal;

(15) Assess or charge fees as the board determines to be reasonable to
carry out its purposes;

(16) Make all expenditures which are incident and necessary to carry out
its purposes;

(17) Sue and be sued in its official name;

(18) Take such action, enter into such agreements, and exercise all
functions necessary or appropriate to carry out the duties and purposes
set forth in this section.

4. There is hereby created the "Coordinating Board for Early Childhood
Fund" which shall consist of the following:

(1) Any moneys appropriated by the general assembly for use by the board
in carrying out the powers set out in subsections 2 and 3 of this section;

(2) Any moneys received from grants or which are given, donated, or
contributed to the fund from any source;

(3) Any moneys received as fees authorized under subsections 2 and 3 of
this section;

(4) Any moneys received as interest on deposits or as income on approved
investments of the fund;

(5) Any moneys obtained from any other available source.

Notwithstanding the provisions of section 33.080, RSMo, to the contrary,
any moneys remaining in the coordinating board for early childhood fund
at the end of the biennium shall not revert to the credit of the general
revenue fund. (L. 1983 S.B. 256 § 2, A.L. 1989 H.B. 22 & 390, A.L. 2004
H.B. 1453)

1. There is established in the state treasury a special fund, to
be known as the "Missouri Children's Services Commission Fund". The state
treasurer shall credit to and deposit in the Missouri children's services
commission fund all amounts which may be received from general revenue,
grants, gifts, bequests, the federal government, or other sources granted
or given for the purposes of sections 210.101 and 210.102.

2. The state treasurer shall invest moneys in the Missouri children's
services commission fund in the same manner as surplus state funds are
invested pursuant to section 30.260, RSMo. All earnings resulting from
the investment of moneys in the Missouri children's services commission
fund shall be credited to the Missouri children's services commission
fund.

3. The administration of the Missouri children's services commission
fund, including, but not limited to, the disbursement of funds therefrom,
shall be as prescribed by the Missouri children's services commission in
its bylaws.

4. The provisions of section 33.080, RSMo, requiring all unexpended
balances remaining in various state funds to be transferred and placed to
the credit of the ordinary revenue of this state at the end of each
biennium, shall not apply to the Missouri children's services commission
fund.

5. Amounts received in the fund shall only be used by the commission for
purposes authorized under sections 210.101 and 210.102. (L. 1984 H.B.
1427 § 1, A.L. 1989 H.B. 22 & 390)

1. Every person transporting a child under the age of four years
shall be responsible, when transporting such child in a motor vehicle
operated by that person on the streets or highways of this state, for
providing for the protection of such child. Such child* shall be
protected by a child passenger restraint system approved by the
department of public safety.

2. Any person who violates this section is guilty of an infraction and,
upon conviction, may be punished by a fine of not more than twenty-five
dollars and court costs.

3. The provisions of sections 210.104 to 210.107 shall not apply to any
public carrier for hire. (L. 1983 H.B. 29 § 1, A.L. 1993 S.B. 394, A.L.
1994 S.B. 595)

*Word "children" appears in original rolls.

CROSS REFERENCE: Seat belts required for children four or more and less
than sixteen years, RSMo 307.178

In no event shall failure to employ a child passenger restraint
system required by section 210.104 provide the basis for a claim of civil
liability or negligence or contributory negligence of any person in any
action for damages by reason of injury sustained by a child; nor shall
such failure to employ such child passenger restraint system be
admissible as evidence in the trial of any civil action. (L. 1983 H.B. 29
§ 2, A.L. 1993 S.B. 394)

The department of public safety shall initiate and develop a
program of public information to develop understanding of, and ensure
compliance with the provisions of sections 210.104 to 210.107. The
department of public safety shall, within thirty days of September 28,
1983, promulgate standards for the performance, design, and installation
of passenger restraint systems for children under four years of age in
accordance with federal motor vehicle safety standards and shall approve
those systems which meet such standards. No rule or portion of a rule
promulgated under the authority of sections 210.104 to 210.107 shall
become effective unless it has been promulgated pursuant to the
provisions of section 536.024, RSMo. (L. 1983 H.B. 29 § 3, A.L. 1993 S.B.
52, A.L. 1995 S.B. 3)

Sections 37.700 to 37.730, 168.133, 191.748, 207.085, 210.109,
210.110, 210.111, 210.112, 210.113, 210.127, 210.145, 210.147, 210.150,
210.152, 210.153, 210.160, 210.183, 210.187, 210.188, 210.482, 210.487,
210.518, 210.535, 210.542, 210.565, 210.760, 210.762, 211.031, 211.032,
211.059, 211.319, and 537.046, RSMo, shall be known and may be cited as
the "Dominic James Memorial Foster Care Reform Act of 2004". (L. 2004
H.B. 1453 § 37.699)

1. The children's division shall establish a child protection
system for the entire state.

2. The child protection system shall promote the safety of children and
the integrity and preservation of their families by conducting
investigations or family assessments and providing services in response
to reports of child abuse or neglect. The system shall coordinate
community resources and provide assistance or services to children and
families identified to be at risk, and to prevent and remedy child abuse
and neglect.

3. In addition to any duties specified in section 210.145, in
implementing the child protection system, the division shall:

(1) Maintain a central registry;

(2) Receive reports and establish and maintain an information system
operating at all times, capable of receiving and maintaining reports;

(3) Attempt to obtain the name and address of any person making a report
in all cases, after obtaining relevant information regarding the alleged
abuse or neglect, although reports may be made anonymously; except that,
reports by mandatory reporters under section 210.115, including employees
of the children's division, juvenile officers, and school personnel shall
not be made anonymously, provided that the reporter shall be informed, at
the time of the report, that the reporter's name and any other personally
identifiable information shall be held as confidential and shall not be
made public as provided under this section and section 211.319, RSMo;

(4) Upon receipt of a report, check with the information system to
determine whether previous reports have been made regarding actual or
suspected abuse or neglect of the subject child, of any siblings, and the
perpetrator, and relevant dispositional information regarding such
previous reports;

(5) Provide protective or preventive services to the family and child and
to others in the home to prevent abuse or neglect, to safeguard their
health and welfare, and to help preserve and stabilize the family
whenever possible. The juvenile court shall cooperate with the division
in providing such services;

(6) Collaborate with the community to identify comprehensive local
services and assure access to those services for children and families
where there is risk of abuse or neglect;

(7) Maintain a record which contains the facts ascertained which support
the determination as well as the facts that do not support the
determination;

(8) Whenever available and appropriate, contract for the provision of
children's services through children's services providers and agencies in
the community; except that the state shall be the sole provider of child
abuse and neglect hotline services, the initial child abuse and neglect
investigation, and the initial family assessment. The division shall
attempt to seek input from child welfare service providers in completing
the initial family assessment. In all legal proceedings involving
children in the custody of the division, the division shall be
represented in court by either division personnel or persons with whom
the division contracts with for such legal representation. All children's
services providers and agencies shall be subject to criminal background
checks pursuant to chapter 43, RSMo, and shall submit names of all
employees to the family care safety registry.

As used in this subsection, "report" includes any telephone call made
pursuant to section 210.145. (L. 1994 S.B. 595, A.L. 1995 H.B. 232 & 485
merged with S.B. 174, A.L. 1997 H.B. 343 merged with S.B. 358, A.L. 1998
H.B. 1556 merged with S.B. 961, A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B.
1453)

CROSS REFERENCE: Application of law to adoption petitions filed on or
after August 28, 1997, RSMo 453.012

(2005) Failure by state social workers to comply with mandatory
state-created procedures in section does not constitute a procedural or
substantive due process violation protected under the Fourteenth
Amendment. Forrester v. Bass, 397 F.3d 1047 (8th Cir.).

As used in sections 210.109 to 210.165, and sections 210.180 to
210.183, the following terms mean:

(1) "Abuse", any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by those responsible
for the child's care, custody, and control, except that discipline
including spanking, administered in a reasonable manner, shall not be
construed to be abuse;

(2) "Assessment and treatment services for children under ten years old",
an approach to be developed by the children's division which will
recognize and treat the specific needs of at-risk and abused or neglected
children under the age of ten. The developmental and medical assessment
may be a broad physical, developmental, and mental health screening to be
completed within thirty days of a child's entry into custody and every
six months thereafter as long as the child remains in care. Screenings
may be offered at a centralized location and include, at a minimum, the
following:

(a) Complete physical to be performed by a pediatrician familiar with the
effects of abuse and neglect on young children;

(b) Developmental, behavioral, and emotional screening in addition to
early periodic screening, diagnosis, and treatment services, including a
core set of standardized and recognized instruments as well as interviews
with the child and appropriate caregivers. The screening battery may be
performed by a licensed mental health professional familiar with the
effects of abuse and neglect on young children, who will then serve as
the liaison between all service providers in ensuring that needed
services are provided. Such treatment services may include in-home
services, out-of- home placement, intensive twenty-four-hour treatment
services, family counseling, parenting training and other best practices.

Children whose screenings indicate an area of concern may complete a
comprehensive, in-depth health, psychodiagnostic, or developmental
assessment within sixty days of entry into custody;

(3) "Central registry", a registry of persons where the division has
found probable cause to believe prior to August 28, 2004, or by a
preponderance of the evidence after August 28, 2004, or a court has
substantiated through court adjudication that the individual has
committed child abuse or neglect or the person has pled guilty or has
been found guilty of a crime pursuant to section 565.020, 565.021,
565.023, 565.024 or 565.050, RSMo, if the victim is a child less than
eighteen years of age, section 566.030 or 566.060, RSMo, if the victim is
a child less than eighteen years of age, or other crime pursuant to
chapter 566, RSMo, if the victim is a child less than eighteen years of
age and the perpetrator is twenty-one years of age or older, section
567.050, RSMo, if the victim is a child less than eighteen years of age,
section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090,
RSMo, section 573.025 or 573.035, RSMo, or an attempt to commit any such
crimes. Any persons placed on the registry prior to August 28, 2004,
shall remain on the registry for the duration of time required by section
210.152;

(4) "Child", any person, regardless of physical or mental condition,
under eighteen years of age;

(5) "Children's services providers and agencies", any public,
quasi-public, or private entity with the appropriate and relevant
training and expertise in delivering services to children and their
families as determined by the children's division, and capable of
providing direct services and other family services for children in the
custody of the children's division or any such entities or agencies that
are receiving state moneys for such services;

(6) "Director", the director of the Missouri children's division within
the department of social services;

(7) "Division", the Missouri children's division within the department of
social services;

(8) "Family assessment and services", an approach to be developed by the
children's division which will provide for a prompt assessment of a child
who has been reported to the division as a victim of abuse or neglect by
a person responsible for that child's care, custody or control and of
that child's family, including risk of abuse and neglect and, if
necessary, the provision of community-based services to reduce the risk
and support the family;

(9) "Family support team meeting" or "team meeting", a meeting convened
by the division or children's services provider in behalf of the family
and/or child for the purpose of determining service and treatment needs,
determining the need for placement and developing a plan for
reunification or other permanency options, determining the appropriate
placement of the child, evaluating case progress, and establishing and
revising the case plan;

(10) "Investigation", the collection of physical and verbal evidence to
determine if a child has been abused or neglected;

(11) "Jail or detention center personnel", employees and volunteers
working in any premises or institution where incarceration, evaluation,
care, treatment or rehabilitation is provided to persons who are being
held under custody of the law;

(12) "Neglect", failure to provide, by those responsible for the care,
custody, and control of the child, the proper or necessary support,
education as required by law, nutrition or medical, surgical, or any
other care necessary for the child's well-being;

(13) "Preponderance of the evidence", that degree of evidence that is of
greater weight or more convincing than the evidence which is offered in
opposition to it or evidence which as a whole shows the fact to be proved
to be more probable than not;

(14) "Probable cause", available facts when viewed in the light of
surrounding circumstances which would cause a reasonable person to
believe a child was abused or neglected;

(15) "Report", the communication of an allegation of child abuse or
neglect to the division pursuant to section 210.115;

(16) "Those responsible for the care, custody, and control of the child",
those included but not limited to the parents or guardian of a child,
other members of the child's household, or those exercising supervision
over a child for any part of a twenty-four-hour day. Those responsible
for the care, custody and control shall also include any adult who, based
on relationship to the parents of the child, members of the child's
household or the family, has access to the child. (L. 1975 H.B. 578 § 1,
A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1994 S.B.
595, A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1453, A.L. 2005 H.B. 568)

By January 1, 2005, the children's division shall identify all
children in the custody of the division currently receiving foster care
services and shall report to the general assembly the type of foster care
being provided, including but not limited to care provided in a licensed
foster care home, institutional setting, residential setting, independent
living setting, or kinship care setting, and the status of all such
children. Nothing in this section shall be construed as requiring the
division to disclose the identity or precise location of any child in the
custody of the division. (L. 2004 H.B. 1453)

1. It is the policy of this state and its agencies to implement
a foster care and child protection and welfare system focused on
providing the highest quality of services and outcomes for children and
their families. The department of social services shall implement such
system subject to the following principles:

(1) The safety and welfare of children is paramount;

(2) Providers of direct services to children and their families will be
evaluated in a uniform and consistent basis;

(3) Services to children and their families shall be provided in a timely
manner to maximize the opportunity for successful outcomes; and

(4) Any provider of direct services to children and families shall have
the appropriate and relevant training, education, and expertise to
provide the highest quality of services possible which shall be
consistent with the federal standards, but not less than the standards
and policies used by the children's division as of January 1, 2004.

2. On or before July 1, 2005, and subject to appropriations, the
children's division and any other state agency deemed necessary by the
division shall, in consultation with the community and providers of
services, enter into and implement contracts with qualified children's
services providers and agencies to provide a comprehensive and deliberate
system of service delivery for children and their families. Contracts
shall be awarded through a competitive process and provided by children's
services providers and agencies currently contracting with the state to
provide such services and by public and private not-for-profit or limited
liability corporations owned exclusively by not-for-profit corporations
children's services providers and agencies which have:

(1) A proven record of providing child welfare services within the state
of Missouri which shall be consistent with the federal standards, but not
less than the standards and policies used by the children's division as
of January 1, 2004; and

(2) The ability to provide a range of child welfare services, which may
include case management services, family-centered services, foster and
adoptive parent recruitment and retention, residential care, in-home
services, foster care services, adoption services, relative care case
management, planned permanent living services, and family reunification
services.

No contracts shall be issued for services related to the child abuse and
neglect hotline, investigations of alleged abuse and neglect, and initial
family assessments. Any contracts entered into by the division shall be
in accordance with all federal laws and regulations, and shall not result
in the loss of federal funding. Such children's services providers and
agencies under contract with the division shall be subject to all
federal, state, and local laws and regulations relating to the provision
of such services, and shall be subject to oversight and inspection by
appropriate state agencies to assure compliance with standards which
shall be consistent with the federal standards, but not less than the
standards and policies used by the children's division as of January 1,
2004.

3. In entering into and implementing contracts under subsection 2 of this
section, the division shall consider and direct their efforts towards
geographic areas of the state, including Greene County, where eligible
direct children's services providers and agencies are currently available
and capable of providing a broad range of services, including case
management services, family-centered services, foster and adoptive parent
recruitment and retention, residential care, family preservation
services, foster care services, adoption services, relative care case
management, other planned living arrangements, and family reunification
services consistent with federal guidelines. Nothing in this subsection
shall prohibit the division from contracting on an as-needed basis for
any individual child welfare service listed above.

4. The contracts entered into under this section shall assure that:

(1) Child welfare services shall be delivered to a child and the child's
family by professionals who have substantial and relevant training,
education, or competencies otherwise demonstrated in the area of children
and family services;

(2) Children's services providers and agencies shall be evaluated by the
division based on objective, consistent, and performance-based criteria;

(3) Any case management services provided shall be subject to a case
management plan established under subsection 5 of this section which is
consistent with all relevant federal guidelines. The case management plan
shall focus on attaining permanency in children's living conditions to
the greatest extent possible and shall include concurrent planning and
independent living where appropriate in accordance with the best
interests of each child served and considering relevant factors
applicable to each individual case as provided by law, including:

(a) The interaction and interrelationship of a child with the child's
foster parents, biological or adoptive parents, siblings, and any other
person who may significantly affect the child's best interests;

(b) A child's adjustment to his or her foster home, school, and community;

(c) The mental and physical health of all individuals involved, including
any history of abuse of or by any individuals involved;

(d) The needs of the child for a continuing relationship with the child's
biological or adoptive parents and the ability and willingness of the
child's biological or adoptive parents to actively perform their
functions as parents with regard to the needs of the child; and

(e) For any child under ten years old, treatment services may be
available as defined in section 210.110. Assessments, as defined in
section 210.110, may occur to determine which treatment services best
meet the child's psychological and social needs. When the assessment
indicates that a child's needs can be best resolved by intensive
twenty-four-hour treatment services, the division will locate, contract,
and place the child with the appropriate organizations. This placement
will be viewed as the least restrictive for the child based on the
assessment;

(4) The delivery system shall have sufficient flexibility to take into
account children and families on a case-by-case basis;

(5) The delivery system shall provide a mechanism for the assessment of
strategies to work with children and families immediately upon entry into
the system to maximize permanency and successful outcome in the shortest
time possible and shall include concurrent planning. Outcome measures for
private and public agencies shall be equal for each program; and

(6) Payment to the children's services providers and agencies shall be
made based on the reasonable costs of services, including
responsibilities necessary to execute the contract. Contracts shall
provide incentives in addition to the costs of services provided in
recognition of accomplishment of the case goals and the corresponding
cost savings to the state. The division shall promulgate rules to
implement the provisions of this subdivision.

5. Contracts entered into under this section shall require that a case
management plan consistent with all relevant federal guidelines shall be
developed for each child at the earliest time after the initial
investigation, but in no event longer than fourteen days after the
initial investigation or referral to the contractor by the division. Such
case management plan shall be presented to the court and be the
foundation of service delivery to the child and family. The case
management plan shall, at a minimum, include:

(1) An outcome target based on the child and family situation achieving
permanency or independent living, where appropriate;

(2) Services authorized and necessary to facilitate the outcome target;

(3) Time frames in which services will be delivered; and

(4) Necessary evaluations and reporting.

In addition to any visits and assessments required under case management,
services to be provided by a public or private children's services
provider under the specific case management plan may include
family-centered services, foster and adoptive parent recruitment and
retention, residential care, in-home services, foster care services,
adoption services, relative care case services, planned permanent living
services, and family reunification services. In all cases, an appropriate
level of services shall be provided to the child and family after
permanency is achieved to assure a continued successful outcome.

6. On or before July 15, 2006, and each July fifteenth thereafter that
the project is in operation, the division shall submit a report to the
general assembly which shall include:

(1) Details about the specifics of the contracts, including the number of
children and families served, the cost to the state for contracting such
services, the current status of the children and families served, an
assessment of the quality of services provided and outcomes achieved, and
an overall evaluation of the project; and

(2) Any recommendations regarding the continuation or possible statewide
implementation of such project; and

(3) Any information or recommendations directly related to the provision
of direct services for children and their families that any of the
contracting children's services providers and agencies request to have
included in the report.

7. The division shall accept as prima facie evidence of completion of the
requirements for licensure under sections 210.481 to 210.511 proof that
an agency is accredited by any of the following nationally recognized
bodies: the Council on Accreditation of Services, Children and Families,
Inc.; the Joint Commission on Accreditation of Hospitals; or the
Commission on Accreditation of Rehabilitation Facilities. The division
shall not require any further evidence of qualification for licensure if
such proof of voluntary accreditation is submitted.

8. By February 1, 2005, the children's division shall promulgate and have
in effect rules to implement the provisions of this section and, pursuant
to this section, shall define implementation plans and dates. Any rule or
portion of a rule, as that term is defined in section 536.010, RSMo, that
is created under the authority delegated in this section shall become
effective only if it complies with and is subject to all of the
provisions of chapter 536, RSMo, and, if applicable, section 536.028,
RSMo. This section and chapter 536, RSMo, are nonseverable and if any of
the powers vested with the general assembly pursuant to chapter 536,
RSMo, to review, to delay the effective date, or to disapprove and annul
a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2004, shall be invalid and void. (L. 2004 H.B. 1453, A.L. 2005 H.B. 568)

It is the intent and goal of the general assembly to have the
department attain accreditation by the Council for Accreditation for
Families and Children's Services within five years of August 28, 2004.
(L. 2004 H.B. 1453)

1. Except as otherwise provided in section 207.085, RSMo, a
private contractor, as defined in subdivision (4) of section 210.110,
with the children's division that receives state moneys from the division
or the department for providing services to children and their families
shall have qualified immunity from civil liability for providing such
services when the child is not in the physical care of such private
contractor to the same extent that the children's division has qualified
immunity from civil liability when the division or department directly
provides such services.

2. This section shall not apply if a private contractor described above
knowingly violates a stated or written policy of the division, any rule
promulgated by the division, or any state law directly related to child
abuse and neglect, or any state law directly related to the child abuse
and neglect activities of the division or any local ordinance relating to
the safety condition of the property. (L. 2005 H.B. 568 merged with S.B.
420 & 344 § 210.116)

1. When any physician, medical examiner, coroner, dentist,
chiropractor, optometrist, podiatrist, resident, intern, nurse, hospital
or clinic personnel that are engaged in the examination, care, treatment
or research of persons, and any other health practitioner, psychologist,
mental health professional, social worker, day care center worker or
other child-care worker, juvenile officer, probation or parole officer,
jail or detention center personnel, teacher, principal or other school
official, minister as provided by section 352.400, RSMo, peace officer or
law enforcement official, or other person with responsibility for the
care of children has reasonable cause to suspect that a child has been or
may be subjected to abuse or neglect or observes a child being subjected
to conditions or circumstances which would reasonably result in abuse or
neglect, that person shall immediately report or cause a report to be
made to the division in accordance with the provisions of sections
210.109 to 210.183. As used in this section, the term "abuse" is not
limited to abuse inflicted by a person responsible for the child's care,
custody and control as specified in section 210.110, but shall also
include abuse inflicted by any other person.

2. Whenever such person is required to report pursuant to sections
210.109 to 210.183 in an official capacity as a staff member of a medical
institution, school facility, or other agency, whether public or private,
the person in charge or a designated agent shall be notified immediately.
The person in charge or a designated agent shall then become responsible
for immediately making or causing such report to be made to the division.
Nothing in this section, however, is meant to preclude any person from
reporting abuse or neglect.

3. Notwithstanding any other provision of sections 210.109 to 210.183,
any child who does not receive specified medical treatment by reason of
the legitimate practice of the religious belief of the child's parents,
guardian, or others legally responsible for the child, for that reason
alone, shall not be found to be an abused or neglected child, and such
parents, guardian or other persons legally responsible for the child
shall not be entered into the central registry. However, the division may
accept reports concerning such a child and may subsequently investigate
or conduct a family assessment as a result of that report. Such an
exception shall not limit the administrative or judicial authority of the
state to ensure that medical services are provided to the child when the
child's health requires it.

4. In addition to those persons and officials required to report actual
or suspected abuse or neglect, any other person may report in accordance
with sections 210.109 to 210.183 if such person has reasonable cause to
suspect that a child has been or may be subjected to abuse or neglect or
observes a child being subjected to conditions or circumstances which
would reasonably result in abuse or neglect.

5. Any person or official required to report pursuant to this section,
including employees of the division, who has probable cause to suspect
that a child who is or may be under the age of eighteen, who is eligible
to receive a certificate of live birth, has died shall report that fact
to the appropriate medical examiner or coroner. If, upon review of the
circumstances and medical information, the medical examiner or coroner
determines that the child died of natural causes while under medical care
for an established natural disease, the coroner, medical examiner or
physician shall notify the division of the child's death and that the
child's attending physician shall be signing the death certificate. In
all other cases, the medical examiner or coroner shall accept the report
for investigation, shall immediately notify the division of the child's
death as required in section 58.452, RSMo, and shall report the findings
to the child fatality review panel established pursuant to section
210.192.

6. Any person or individual required to report may also report the
suspicion of abuse or neglect to any law enforcement agency or juvenile
office. Such report shall not, however, take the place of reporting or
causing a report to be made to the division.

7. If an individual required to report suspected instances of abuse or
neglect pursuant to this section has reason to believe that the victim of
such abuse or neglect is a resident of another state or was injured as a
result of an act which occurred in another state, the person required to
report such abuse or neglect may, in lieu of reporting to the Missouri
division of family services, make such a report to the child protection
agency of the other state with the authority to receive such reports
pursuant to the laws of such other state. If such agency accepts the
report, no report is required to be made, but may be made, to the
Missouri division of family services. (L. 1975 H.B. 578 § 2, A.L. 1980
S.B. 574, A.L. 1982 H.B. 1171, et al., A.L. 1991 H.B. 185, A.L. 1993 S.B.
253 merged with S.B. 394, A.L. 1994 S.B. 595, A.L. 1998 H.B. 1556, A.L.
2000 S.B. 757 & 602, A.L. 2002 S.B. 923, et al., A.L. 2003 H.B. 445)

CROSS REFERENCE:

Child abuse, ministers duty to report, RSMo 352.400

(1986) It has been held that a violation of this section does not give
rise to a private cause of action. Doe "A" v. Special School District of
St. Louis County, 637 F.Supp. 1138 (E.D. Mo.). (2004) Section
criminalizing failure to report child abuse is not unconstitutional under
void for vagueness doctrine. State v. Brown, 140 S.W.3d 51 (Mo.banc).

1. A child taken into the custody of the state shall not be
reunited with a parent or placed in a home in which the parent or any
person residing in the home has been found guilty of, or pled guilty to,
any of the following offenses when a child was the victim:

(1) A felony violation of section 566.030, 566.032, 566.040, 566.060,
566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100,
566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215, RSMo;

(2) A violation of section 568.020, RSMo;

(3) A violation of subdivision (2) of subsection 1 of section 568.060,
RSMo;

(4) A violation of section 568.065, RSMo;

(5) A violation of section 568.080, RSMo;

(6) A violation of section 568.090, RSMo; or

(7) A violation of section 568.175, RSMo.

2. For all other violations of offenses in chapters 566 and 568, RSMo,
not specifically listed in subsection 1 of this section or for a
violation of an offense committed in another state when a child is the
victim that would be a violation of chapter 566 or 568, RSMo, if
committed in Missouri, the division may exercise its discretion regarding
the placement of a child taken into the custody of the state in which a
parent or any person residing in the home has been found guilty of, or
pled guilty to, any such offense.

3. In any case where the children's division determines based on a
substantiated report of child abuse that a child has abused another
child, the abusing child shall be prohibited from returning to or
residing in any residence, facility, or school within one thousand feet
of the residence of the abused child or any child care facility or school
that the abused child attends, unless and until a court of competent
jurisdiction determines that the alleged abuse did not occur or the
abused child reaches the age of eighteen, whichever earlier occurs. The
provisions of this subsection shall not apply when the abusing child and
the abused child are siblings or children living in the same home. (L.
2004 H.B. 1453, A.L. 2005 H.B. 568 and S.B. 155 and S.B. 420 & 344, A.L.
2005 1st Ex. Sess. H.B. 2)

Effective 9-15-05

Whenever a person is required to report under sections 210.110
to 210.165 in his official capacity as a staff member of a medical
institution, whether public or private, he shall immediately notify the
physician in charge or his designee who shall then take or cause to be
taken color photographs of physical trauma and shall, if medically
indicated, cause to be performed radiologic examination of the child who
is the subject of a report, costs of which shall be paid by the division.
Reproductions of such color photographs and/or radiologic reports shall
be sent to the division as soon as possible. (L. 1975 H.B. 578 § 3)

Effective 6-6-75

1. As used in this section, "voluntary placement agreement"
means a written agreement between the department of social services and a
parent, legal guardian, or custodian of a child seventeen years of age or
younger solely in need of mental health treatment. A voluntary placement
agreement developed under a department of mental health assessment and
certification of appropriateness authorizes the department of social
services to administer the placement and care of a child while the
parent, legal guardian, or custodian of the child retains legal custody.

2. The department of social services may enter into a cooperative
interagency agreement with the department of mental health authorizing
the department of mental health to administer the placement and care of a
child under a voluntary placement agreement. The department of mental
health is defined as a child-placing agency under section 210.481 solely
for children placed under a voluntary placement agreement.

3. Any function delegated from the department of social services to the
department of mental health regarding the placement and care of children
shall be administered and supervised by the department of social services
to ensure compliance with federal and state law.

4. The departments of social services and mental health may promulgate
rules under this section. Any rule or portion of a rule, as that term is
defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2004, shall be invalid and void. (L.
2004 H.B. 1453 § 210.108)

1. A police officer, law enforcement official, or a physician
who has reasonable cause to suspect that a child is suffering from
illness or injury or is in danger of personal harm by reason of his
surroundings and that a case of child abuse or neglect exists, may
request that the juvenile officer take the child into protective custody
under chapter 211, RSMo.

2. A police officer, law enforcement official, or a physician who has
reasonable cause to believe that a child is in imminent danger of
suffering serious physical harm or a threat to life as a result of abuse
or neglect and such person has reasonable cause to believe the harm or
threat to life may occur before a juvenile court could issue a temporary
protective custody order or before a juvenile officer could take the
child into protective custody, the police officer, law enforcement
official or physician may take or retain temporary protective custody of
the child without the consent of the child's parents, guardian or others
legally responsible for his care.

3. Any person taking a child in protective custody under this section
shall immediately notify the juvenile officer of the court of the county
in which the child is located of his actions and notify the division and
make a reasonable attempt to advise the parents, guardians or others
legally responsible for the child's care. The jurisdiction of the
juvenile court attaches from the time the juvenile is taken into
protective custody. Such person shall file, as soon as practicable but no
later than twelve hours, a written statement with the juvenile officer
which sets forth the identity of the child and the facts and
circumstances which gave such person reasonable cause to believe that
there was imminent danger of serious physical harm or threat to the life
of the child. Upon notification that a child has been taken into
protective custody, the juvenile officer shall either return the child to
his parents, guardian, or others responsible for his care or shall
initiate child protective proceedings under chapter 211, RSMo. In no
event shall an employee of the division, acting upon his own, remove a
child under the provisions of this act*.

4. Temporary protective custody for purposes of this section shall not
exceed twenty-four hours. Temporary protective custody for a period
beyond twenty-four hours may be authorized only by an order of the
juvenile court.

5. For the purposes of this section, "temporary protective custody" shall
mean temporary placement within a hospital or medical facility or
emergency foster care facility or such other suitable custody placement
as the court may direct; provided, however, that an abused or neglected
child may not be detained in temporary custody in a secure detention
facility. (L. 1975 H.B. 578 § 4, A.L. 1982 H.B. 1171, et al.)

*"This act" (H.B. 1171, et al., 1982) contained numerous sections.
Consult Disposition of Sections table for a definitive listing.

1. If the location or identity of the biological parent or
parents of a child in the custody of the division is unknown, the
children's division shall utilize all reasonable and effective means
available to conduct a diligent search for the biological parent or
parents of such child.

2. For purposes of this section, "diligent search" means the efforts of
the division, or an entity under contract with the division, to locate a
biological parent whose identity or location is unknown, initiated as
soon as the division is made aware of the existence of such parent, with
the search progress reported at each court hearing until the parent is
either identified and located or the court excuses further search. (L.
2004 H.B. 1453)

1. Oral reports of abuse or neglect shall be made to the
division by telephone or otherwise.

2. Such reports shall include the following information: The names and
addresses of the child and his parents or other persons responsible for
his care, if known; the child's age, sex, and race; the nature and extent
of the child's injuries, abuse, or neglect, including any evidence of
previous injuries, abuse, or neglect to the child or his siblings; the
name, age and address of the person responsible for the injuries, abuse
or neglect, if known; family composition; the source of the report; the
name and address of the person making the report, his occupation, and
where he can be reached; the actions taken by the reporting source,
including the taking of color photographs or the making of radiologic
examinations pursuant to sections 210.110 to 210.165, or both such taking
of color photographs or making of radiologic examinations, removal or
keeping of the child, notifying the coroner or medical examiner, and
other information that the person making the report believes may be
helpful in the furtherance of the purposes of sections 210.110 to 210.165.

3. Evidence of sexual abuse or sexual molestation of any child under
eighteen years of age shall be turned over to the division within
twenty-four hours by those mandated to report. (L. 1975 H.B. 578 § 5,
A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et al.)

Any person, official, or institution complying with the
provisions of sections 210.110 to 210.165 in the making of a report, the
taking of color photographs, or the making of radiologic examinations
pursuant to sections 210.110 to 210.165, or both such taking of color
photographs and making of radiologic examinations, or the removal or
retaining a child pursuant to sections 210.110 to 210.165, or in
cooperating with the division, or any other law enforcement agency,
juvenile office, court, or child-protective service agency of this or any
other state, in any of the activities pursuant to sections 210.110 to
210.165, or any other allegation of child abuse, neglect or assault,
pursuant to sections 568.045 to 568.060, RSMo, shall have immunity from
any liability, civil or criminal, that otherwise might result by reason
of such actions. Provided, however, any person, official or institution
intentionally filing a false report, acting in bad faith, or with ill
intent, shall not have immunity from any liability, civil or criminal.
Any such person, official, or institution shall have the same immunity
with respect to participation in any judicial proceeding resulting from
the report. (L. 1975 H.B. 578 § 6, A.L. 1980 S.B. 574, A.L. 1982 H.B.
1171, et al., A.L. 1993 H.B. 170, A.L. 1998 H.B. 1556)

Any legally recognized privileged communication, except that
between attorney and client or involving communications made to a
minister or clergyperson, shall not apply to situations involving known
or suspected child abuse or neglect and shall not constitute grounds for
failure to report as required or permitted by sections 210.110 to
210.165, to cooperate with the division in any of its activities pursuant
to sections 210.110 to 210.165, or to give or accept evidence in any
judicial proceeding relating to child abuse or neglect. (L. 1975 H.B. 578
§ 7, A.L. 1980 S.B. 574, A.L. 2001 S.B. 267)

(1984) "Situations" as used in this section restricting the invocation of
certain privileged communications in child abuse proceedings includes
both civil and criminal proceedings. State ex rel. D.M. v. Hoester (Mo.
banc), 681 S.W.2d 449.

1. The division shall develop protocols which give priority to:

(1) Ensuring the well-being and safety of the child in instances where
child abuse or neglect has been alleged;

(2) Promoting the preservation and reunification of children and families
consistent with state and federal law;

(3) Providing due process for those accused of child abuse or neglect; and

(4) Maintaining an information system operating at all times, capable of
receiving and maintaining reports. This information system shall have the
ability to receive reports over a single, statewide toll-free number.
Such information system shall maintain the results of all investigations,
family assessments and services, and other relevant information.

2. The division shall utilize structured decision-making protocols for
classification purposes of all child abuse and neglect reports. The
protocols developed by the division shall give priority to ensuring the
well-being and safety of the child. All child abuse and neglect reports
shall be initiated within twenty-four hours and shall be classified based
upon the reported risk and injury to the child. The division shall
promulgate rules regarding the structured decision-making protocols to be
utilized for all child abuse and neglect reports.

3. Upon receipt of a report, the division shall determine if the report
merits investigation, including reports which if true would constitute a
suspected violation of any of the following: section 565.020, 565.021,
565.023, 565.024, or 565.050, RSMo, if the victim is a child less than
eighteen years of age, section 566.030 or 566.060, RSMo, if the victim is
a child less than eighteen years of age, or other crimes under chapter
566, RSMo, if the victim is a child less than eighteen years of age and
the perpetrator is twenty-one years of age or older, section 567.050,
RSMo, if the victim is a child less than eighteen years of age, section
568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo,
section 573.025, 573.035, 573.037, or 573.040, RSMo, or an attempt to
commit any such crimes. The division shall immediately communicate all
reports that merit investigation to its appropriate local office and any
relevant information as may be contained in the information system. The
local division staff shall determine, through the use of protocols
developed by the division, whether an investigation or the family
assessment and services approach should be used to respond to the
allegation. The protocols developed by the division shall give priority
to ensuring the well-being and safety of the child.

4. The local office shall contact the appropriate law enforcement agency
immediately upon receipt of a report which division personnel determine
merits an investigation and provide such agency with a detailed
description of the report received. In such cases the local division
office shall request the assistance of the local law enforcement agency
in all aspects of the investigation of the complaint. The appropriate law
enforcement agency shall either assist the division in the investigation
or provide the division, within twenty-four hours, an explanation in
writing detailing the reasons why it is unable to assist.

5. The local office of the division shall cause an investigation or
family assessment and services approach to be initiated in accordance
with the protocols established in subsection 2 of this section, except in
cases where the sole basis for the report is educational neglect. If the
report indicates that educational neglect is the only complaint and there
is no suspicion of other neglect or abuse, the investigation shall be
initiated within seventy-two hours of receipt of the report. If the
report indicates the child is in danger of serious physical harm or
threat to life, an investigation shall include direct observation of the
subject child within twenty-four hours of the receipt of the report.
Local law enforcement shall take all necessary steps to facilitate such
direct observation. If the parents of the child are not the alleged
abusers, a parent of the child must be notified prior to the child being
interviewed by the division. If the abuse is alleged to have occurred in
a school or child-care facility the division shall not meet with the
child in any school building or child- care facility building where abuse
of such child is alleged to have occurred. When the child is reported
absent from the residence, the location and the well-being of the child
shall be verified. For purposes of this subsection, "child-care facility"
shall have the same meaning as such term is defined in section 210.201.

6. The director of the division shall name at least one chief
investigator for each local division office, who shall direct the
division response on any case involving a second or subsequent incident
regarding the same subject child or perpetrator. The duties of a chief
investigator shall include verification of direct observation of the
subject child by the division and shall ensure information regarding the
status of an investigation is provided to the public school district
liaison. The public school district liaison shall develop protocol in
conjunction with the chief investigator to ensure information regarding
an investigation is shared with appropriate school personnel. The
superintendent of each school district shall designate a specific person
or persons to act as the public school district liaison. Should the
subject child attend a nonpublic school the chief investigator shall
notify the school principal of the investigation. Upon notification of an
investigation, all information received by the public school district
liaison or the school shall be subject to the provisions of the federal
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C., Section
1232g, and federal rule 34 C.F.R., Part 99.

7. The investigation shall include but not be limited to the nature,
extent, and cause of the abuse or neglect; the identity and age of the
person responsible for the abuse or neglect; the names and conditions of
other children in the home, if any; the home environment and the
relationship of the subject child to the parents or other persons
responsible for the child's care; any indication of incidents of physical
violence against any other household or family member; and other
pertinent data.

8. When a report has been made by a person required to report under
section 210.115, the division shall contact the person who made such
report within forty-eight hours of the receipt of the report in order to
ensure that full information has been received and to obtain any
additional information or medical records, or both, that may be pertinent.

9. Upon completion of the investigation, if the division suspects that
the report was made maliciously or for the purpose of harassment, the
division shall refer the report and any evidence of malice or harassment
to the local prosecuting or circuit attorney.

10. Multidisciplinary teams shall be used whenever conducting the
investigation as determined by the division in conjunction with local law
enforcement. Multidisciplinary teams shall be used in providing
protective or preventive social services, including the services of law
enforcement, a liaison of the local public school, the juvenile officer,
the juvenile court, and other agencies, both public and private.

11. For all family support team meetings involving an alleged victim of
child abuse or neglect, the parents, legal counsel for the parents,
foster parents, the legal guardian or custodian of the child, the
guardian ad litem for the child, and the volunteer advocate for the child
shall be provided notice and be permitted to attend all such meetings.
Family members, other than alleged perpetrators, or other community
informal or formal service providers that provide significant support to
the child and other individuals may also be invited at the discretion of
the parents of the child. In addition, the parents, the legal counsel for
the parents, the legal guardian or custodian and the foster parents may
request that other individuals, other than alleged perpetrators, be
permitted to attend such team meetings. Once a person is provided notice
of or attends such team meetings, the division or the convenor of the
meeting shall provide such persons with notice of all such subsequent
meetings involving the child. Families may determine whether individuals
invited at their discretion shall continue to be invited.

12. If the appropriate local division personnel determine after an
investigation has begun that completing an investigation is not
appropriate, the division shall conduct a family assessment and services
approach. The division shall provide written notification to local law
enforcement prior to terminating any investigative process. The reason
for the termination of the investigative process shall be documented in
the record of the division and the written notification submitted to
local law enforcement. Such notification shall not preclude nor prevent
any investigation by law enforcement.

13. If the appropriate local division personnel determines to use a
family assessment and services approach, the division shall:

(1) Assess any service needs of the family. The assessment of risk and
service needs shall be based on information gathered from the family and
other sources;

(2) Provide services which are voluntary and time-limited unless it is
determined by the division based on the assessment of risk that there
will be a high risk of abuse or neglect if the family refuses to accept
the services. The division shall identify services for families where it
is determined that the child is at high risk of future abuse or neglect.
The division shall thoroughly document in the record its attempt to
provide voluntary services and the reasons these services are important
to reduce the risk of future abuse or neglect to the child. If the family
continues to refuse voluntary services or the child needs to be
protected, the division may commence an investigation;

(3) Commence an immediate investigation if at any time during the family
assessment and services approach the division determines that an
investigation, as delineated in sections 210.109 to 210.183, is required.
The division staff who have conducted the assessment may remain involved
in the provision of services to the child and family;

(4) Document at the time the case is closed, the outcome of the family
assessment and services approach, any service provided and the removal of
risk to the child, if it existed.

14. Within thirty days of an oral report of abuse or neglect, the local
office shall update the information in the information system. The
information system shall contain, at a minimum, the determination made by
the division as a result of the investigation, identifying information on
the subjects of the report, those responsible for the care of the subject
child and other relevant dispositional information. The division shall
complete all investigations within thirty days, unless good cause for the
failure to complete the investigation is documented in the information
system. If the investigation is not completed within thirty days, the
information system shall be updated at regular intervals and upon the
completion of the investigation. The information in the information
system shall be updated to reflect any subsequent findings, including any
changes to the findings based on an administrative or judicial hearing on
the matter.

15. A person required to report under section 210.115 to the division and
any person making a report of child abuse or neglect made to the division
which is not made anonymously shall be informed by the division of his or
her right to obtain information concerning the disposition of his or her
report. Such person shall receive, from the local office, if requested,
information on the general disposition of his or her report. Such person
may receive, if requested, findings and information concerning the case.
Such release of information shall be at the discretion of the director
based upon a review of the reporter's ability to assist in protecting the
child or the potential harm to the child or other children within the
family. The local office shall respond to the request within forty-five
days. The findings shall be made available to the reporter within five
days of the outcome of the investigation. If the report is determined to
be unsubstantiated, the reporter may request that the report be referred
by the division to the office of child advocate for children's protection
and services established in sections 37.700 to 37.730, RSMo. Upon request
by a reporter under this subsection, the division shall refer an
unsubstantiated report of child abuse or neglect to the office of child
advocate for children's protection and services.

16. In any judicial proceeding involving the custody of a child the fact
that a report may have been made pursuant to sections 210.109 to 210.183
shall not be admissible. However:

(1) Nothing in this subsection shall prohibit the introduction of
evidence from independent sources to support the allegations that may
have caused a report to have been made; and

(2) The court may on its own motion, or shall if requested by a party to
the proceeding, make an inquiry not on the record with the children's
division to determine if such a report has been made. If a report has
been made, the court may stay the custody proceeding until the children's
division completes its investigation.

17. In any judicial proceeding involving the custody of a child where the
court determines that the child is in need of services pursuant to
subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken
jurisdiction, the child's parent, guardian or custodian shall not be
entered into the registry.

18. The children's division is hereby granted the authority to promulgate
rules and regulations pursuant to the provisions of section 207.021,
RSMo, and chapter 536, RSMo, to carry out the provisions of sections
210.109 to 210.183.

19. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in this
section shall become effective only if it complies with and is subject to
all of the provisions of chapter 536, RSMo, and, if applicable, section
536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and
if any of the powers vested with the general assembly pursuant to chapter
536, RSMo, to review, to delay the effective date or to disapprove and
annul a rule are subsequently held unconstitutional, then the grant of
rulemaking authority and any rule proposed or adopted after August 28,
2000, shall be invalid and void. (L. 1975 H.B. 578 § 8, A.L. 1980 S.B.
574, A.L. 1982 H.B. 1171, et al., A.L. 1986 S.B. 470, A.L. 1990 H.B.
1370, et al., A.L. 1993 S.B. 52, A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 &
602, A.L. 2002 S.B. 923, et al., A.L. 2003 H.B. 613, A.L. 2004 H.B. 1453
merged with S.B. 945 and S.B. 803 & 1257 merged with S.B. 968 and S.B.
969)

Effective 6-24-04 (S.B. 945 and S.B. 803 & 1257) 6-25-04 (S.B. 968 and
S.B. 969) 8-28-04 (H.B. 1453)

(2005) Failure by state social workers to comply with mandatory
state-created procedures in section does not constitute a procedural or
substantive due process violation protected under the Fourteenth
Amendment. Forrester v. Bass, 397 F.3d 1047 (8th Cir.).

1. Except as otherwise provided by law, all information provided
at any family support team meeting held in relation to the removal of a
child from the child's home is confidential; except that:

(1) Any parent or party may waive confidentiality for himself or herself
to the extent permitted by law; and

(2) Any parent of the child shall have an absolute right to video and/or
audio tape such team meetings to the extent permitted by law; and

(3) No parent or party shall be required to sign a confidentiality
agreement before testifying or providing information at such team
meetings. Any person, other than a parent or party, who does not agree to
maintain confidentiality of the information provided at such team
meetings may be excluded from all or any portion of such team meetings
during which such person is not testifying or providing information.

2. The division shall be responsible for developing a form to be signed
at the conclusion of any team meeting held in relation to a child removed
from the home and placed in the custody of the state that reflects the
core commitments made by the children's division or the convenor of the
team meeting and the parents of the child or any other party. The content
of the form shall be consistent with service agreements or case plans
required by statute, but not the specific address of the child; whether
the child shall remain in current placement or be moved to a new
placement; visitation schedule for the child's family; and any additional
core commitments. Any dissenting views shall be recorded and attested to
on such form. The parents and any other party shall be provided with a
copy of the signed document. (L. 2004 H.B. 1453)

1. The children's division shall ensure the confidentiality of
all reports and records made pursuant to sections 210.109 to 210.183 and
maintained by the division, its local offices, the central registry, and
other appropriate persons, officials, and institutions pursuant to
sections 210.109 to 210.183. To protect the rights of the family and the
child named in the report as a victim, the children's division shall
establish guidelines which will ensure that any disclosure of information
concerning the abuse and neglect involving that child is made only to
persons or agencies that have a right to such information. The division
may require persons to make written requests for access to records
maintained by the division. The division shall only release information
to persons who have a right to such information. The division shall
notify persons receiving information pursuant to subdivisions (2), (7),
(8) and (9) of subsection 2 of this section of the purpose for which the
information is released and of the penalties for unauthorized
dissemination of information. Such information shall be used only for the
purpose for which the information is released.

2. Only the following persons shall have access to investigation records
contained in the central registry:

(1) Appropriate federal, state or local criminal justice agency
personnel, or any agent of such entity, with a need for such information
under the law to protect children from abuse or neglect;

(2) A physician or a designated agent who reasonably believes that the
child being examined may be abused or neglected;

(3) Appropriate staff of the division and of its local offices, including
interdisciplinary teams which are formed to assist the division in
investigation, evaluation and treatment of child abuse and neglect cases
or a multidisciplinary provider of professional treatment services for a
child referred to the provider;

(4) Any child named in the report as a victim, or a legal representative,
or the parent, if not the alleged perpetrator, or guardian of such person
when such person is a minor, or is mentally ill or otherwise incompetent,
but the names of reporters shall not be furnished to persons in this
category. Prior to the release of any identifying information, the
division shall determine if the release of such identifying information
may place a person's life or safety in danger. If the division makes the
determination that a person's life or safety may be in danger, the
identifying information shall not be released. The division shall provide
a method for confirming or certifying that a designee is acting on behalf
of a subject;

(5) Any alleged perpetrator named in the report, but the names of
reporters shall not be furnished to persons in this category. Prior to
the release of any identifying information, the division shall determine
if the release of such identifying information may place a person's life
or safety in danger. If the division makes the determination that a
person's life or safety may be in danger, the identifying information
shall not be released. However, the investigation reports will not be
released to any alleged perpetrator with pending criminal charges arising
out of the facts and circumstances named in the investigation records
until an indictment is returned or an information filed;

(6) A grand jury, juvenile officer, prosecuting attorney, law enforcement
officer involved in the investigation of child abuse or neglect, juvenile
court or other court conducting abuse or neglect or child protective
proceedings or child custody proceedings, and other federal, state and
local government entities, or any agent of such entity, with a need for
such information in order to carry out its responsibilities under the law
to protect children from abuse or neglect;

(7) Any person engaged in a bona fide research purpose, with the
permission of the director; provided, however, that no information
identifying the child named in the report as a victim or the reporters
shall be made available to the researcher, unless the identifying
information is essential to the research or evaluation and the child
named in the report as a victim or, if the child is less than eighteen
years of age, through the child's parent, or guardian provides written
permission;

(8) Any child-care facility; child-placing agency; residential-care
facility, including group homes; juvenile courts; public or private
elementary schools; public or private secondary schools; or any other
public or private agency exercising temporary supervision over a child or
providing or having care or custody of a child who may request an
examination of the central registry from the division for all employees
and volunteers or prospective employees and volunteers, who do or will
provide services or care to children. Any agency or business recognized
by the division or business which provides training and places or
recommends people for employment or for volunteers in positions where
they will provide services or care to children may request the division
to provide an examination of the central registry. Such agency or
business shall provide verification of its status as a recognized agency.
Requests for examinations shall be made to the division director or the
director's designee in writing by the chief administrative officer of the
above homes, centers, public and private elementary schools, public and
private secondary schools, agencies, or courts. The division shall
respond in writing to that officer. The response shall include
information pertaining to the nature and disposition of any report or
reports of abuse or neglect revealed by the examination of the central
registry. This response shall not include any identifying information
regarding any person other than the alleged perpetrator of the abuse or
neglect;

(9) Any parent or legal guardian who inquires about a child abuse or
neglect report involving a specific person or child-care facility who
does or may provide services or care to a child of the person requesting
the information. Request for examinations shall be made to the division
director or the director's designee, in writing, by the parent or legal
guardian of the child and shall be accompanied with a signed and
notarized release form from the person who does or may provide care or
services to the child. The notarized release form shall include the full
name, date of birth and Social Security number of the person who does or
may provide care or services to a child. The response shall include
information pertaining to the nature and disposition of any report or
reports of abuse or neglect revealed by the examination of the central
registry. This response shall not include any identifying information
regarding any person other than the alleged perpetrator of the abuse or
neglect. The response shall be given within ten working days of the time
it was received by the division;

(10) Any person who inquires about a child abuse or neglect report
involving a specific child-care facility, child-placing agency,
residential-care facility, public and private elementary schools, public
and private secondary schools, juvenile court or other state agency. The
information available to these persons is limited to the nature and
disposition of any report contained in the central registry and shall not
include any identifying information pertaining to any person mentioned in
the report;

(11) Any state agency acting pursuant to statutes regarding a license of
any person, institution, or agency which provides care for or services to
children;

(12) Any child fatality review panel established pursuant to section
210.192 or any state child fatality review panel established pursuant to
section 210.195;

(13) Any person who is a tenure-track or full-time research faculty
member at an accredited institution of higher education engaged in
scholarly research, with the permission of the director. Prior to the
release of any identifying information, the director shall require the
researcher to present a plan for maintaining the confidentiality of the
identifying information. The researcher shall be prohibited from
releasing the identifying information of individual cases.

3. Only the following persons shall have access to records maintained by
the division pursuant to section 210.152 for which the division has
received a report of child abuse and neglect and which the division has
determined that there is insufficient evidence or in which the division
proceeded with the family assessment and services approach:

(1) Appropriate staff of the division;

(2) Any child named in the report as a victim, or a legal representative,
or the parent or guardian of such person when such person is a minor, or
is mentally ill or otherwise incompetent. The names or other identifying
information of reporters shall not be furnished to persons in this
category. Prior to the release of any identifying information, the
division shall determine if the release of such identifying information
may place a person's life or safety in danger. If the division makes the
determination that a person's life or safety may be in danger, the
identifying information shall not be released. The division shall provide
for a method for confirming or certifying that a designee is acting on
behalf of a subject;

(3) Any alleged perpetrator named in the report, but the names of
reporters shall not be furnished to persons in this category. Prior to
the release of any identifying information, the division shall determine
if the release of such identifying information may place a person's life
or safety in danger. If the division makes the determination that a
person's life or safety may be in danger, the identifying information
shall not be released. However, the investigation reports will not be
released to any alleged perpetrator with pending criminal charges arising
out of the facts and circumstances named in the investigation records
until an indictment is returned or an information filed;

(4) Any child fatality review panel established pursuant to section
210.192 or any state child fatality review panel established pursuant to
section 210.195;

(5) Appropriate criminal justice agency personnel or juvenile officer;

(6) Multidisciplinary agency or individual including a physician or
physician's designee who is providing services to the child or family,
with the consent of the parent or guardian of the child or legal
representative of the child;

(7) Any person engaged in bona fide research purpose, with the permission
of the director; provided, however, that no information identifying the
subjects of the reports or the reporters shall be made available to the
researcher, unless the identifying information is essential to the
research or evaluation and the subject, or if a child, through the
child's parent or guardian, provides written permission.

4. Any person who knowingly violates the provisions of this section, or
who permits or encourages the unauthorized dissemination of information
contained in the information system or the central registry and in
reports and records made pursuant to sections 210.109 to 210.183, shall
be guilty of a class A misdemeanor.

5. Nothing in this section shall preclude the release of findings or
information about cases which resulted in a child fatality or near
fatality. Such release is at the sole discretion of the director of the
department of social services, based upon a review of the potential harm
to other children within the immediate family. (L. 1975 H.B. 578 § 9,
A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et al., A.L. 1985 S.B. 401, A.L.
1986 H.B. 953, A.L. 1988 S.B. 719, A.L. 1991 H.B. 185, A.L. 1994 S.B.
595, A.L. 1997 S.B. 358, A.L. 1999 S.B. 387, et al., A.L. 2000 S.B. 757 &
602, A.L. 2004 H.B. 1453)

1. All identifying information, including telephone reports
reported pursuant to section 210.145, relating to reports of abuse or
neglect received by the division shall be retained by the division and
removed from the records of the division as follows:

(1) For investigation reports contained in the central registry,
identifying information shall be retained by the division;

(2) (a) For investigation reports initiated against a person required to
report pursuant to section 210.115, where insufficient evidence of abuse
or neglect is found by the division and where the division determines the
allegation of abuse or neglect was made maliciously, for purposes of
harassment or in retaliation for the filing of a report by a person
required to report, identifying information shall be expunged by the
division within forty-five days from the conclusion of the investigation;

(b) For investigation reports, where insufficient evidence of abuse or
neglect is found by the division and where the division determines the
allegation of abuse or neglect was made maliciously, for purposes of
harassment or in retaliation for the filing of a report, identifying
information shall be expunged by the division within forty-five days from
the conclusion of the investigation;

(c) For investigation reports initiated by a person required to report
under section 210.115*, where insufficient evidence of abuse or neglect
is found by the division, identifying information shall be retained for
five years from the conclusion of the investigation. For all other
investigation reports where insufficient evidence of abuse or neglect is
found by the division, identifying information shall be retained for two
years from the conclusion of the investigation. Such reports shall
include any exculpatory evidence known by the division, including
exculpatory evidence obtained after the closing of the case. At the end
of such time period, the identifying information shall be removed from
the records of the division and destroyed;

(3) For reports where the division uses the family assessment and
services approach, identifying information shall be retained by the
division;

(4) For reports in which the division is unable to locate the child
alleged to have been abused or neglected, identifying information shall
be retained for ten years from the date of the report and then shall be
removed from the records of the division.

2. Within ninety days after receipt of a report of abuse or neglect that
is investigated, the alleged perpetrator named in the report and the
parents of the child named in the report, if the alleged perpetrator is
not a parent, shall be notified in writing of any determination made by
the division based on the investigation. The notice shall advise either:

(1) That the division has determined by a probable cause finding prior to
August 28, 2004, or by a preponderance of the evidence after August 28,
2004, that abuse or neglect exists and that the division shall retain all
identifying information regarding the abuse or neglect; that such
information shall remain confidential and will not be released except to
law enforcement agencies, prosecuting or circuit attorneys, or as
provided in section 210.150; that the alleged perpetrator has sixty days
from the date of receipt of the notice to seek reversal of the division's
determination through a review by the child abuse and neglect review
board as provided in subsection 3 of this section; or

(2) That the division has not made a probable cause finding or determined
by a preponderance of the evidence that abuse or neglect exists.

3. Any person named in an investigation as a perpetrator who is aggrieved
by a determination of abuse or neglect by the division as provided in
this section may seek an administrative review by the child abuse and
neglect review board pursuant to the provisions of section 210.153. Such
request for review shall be made within sixty days of notification of the
division's decision under this section. In those cases where criminal
charges arising out of facts of the investigation are pending, the
request for review shall be made within sixty days from the court's final
disposition or dismissal of the charges.

4. In any such action for administrative review, the child abuse and
neglect review board shall sustain the division's determination if such
determination was supported by evidence of probable cause prior to August
28, 2004, or is supported by a preponderance of the evidence after August
28, 2004, and is not against the weight of such evidence. The child abuse
and neglect review board hearing shall be closed to all persons except
the parties, their attorneys and those persons providing testimony on
behalf of the parties.

5. If the alleged perpetrator is aggrieved by the decision of the child
abuse and neglect review board, the alleged perpetrator may seek de novo
judicial review in the circuit court in the county in which the alleged
perpetrator resides and in circuits with split venue, in the venue in
which the alleged perpetrator resides, or in Cole County. If the alleged
perpetrator is not a resident of the state, proper venue shall be in Cole
County. The case may be assigned to the family court division where such
a division has been established. The request for a judicial review shall
be made within sixty days of notification of the decision of the child
abuse and neglect review board decision. In reviewing such decisions, the
circuit court shall provide the alleged perpetrator the opportunity to
appear and present testimony. The alleged perpetrator may subpoena any
witnesses except the alleged victim or the reporter. However, the circuit
court shall have the discretion to allow the parties to submit the case
upon a stipulated record.

6. In any such action for administrative review, the child abuse and
neglect review board shall notify the child or the parent, guardian or
legal representative of the child that a review has been requested. (L.
1982 H.B. 1171, et al., A.L. 1986 S.B. 470, A.L. 1990 H.B. 1370, et al.,
A.L. 1991 H.B. 185, A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L.
2004 H.B. 1453, A.L. 2005 S.B. 155)

*Words "section 210.015" appear in original rolls, a typographical error.

1. There is hereby created in the department of social services
the "Child Abuse and Neglect Review Board", which shall provide an
independent review of child abuse and neglect determinations in instances
in which the alleged perpetrator is aggrieved by the decision of the
children's division. The division may establish more than one board to
assure timely review of the determination.

2. The board shall consist of nine members, who shall be appointed by the
governor with the advice and consent of the senate, and shall include:

(1) A physician, nurse or other medical professional;

(2) A licensed child or family psychologist, counselor or social worker;

(3) An attorney who has acted as a guardian ad litem or other attorney
who has represented a subject of a child abuse and neglect report;

(4) A representative from law enforcement or a juvenile office.

3. Other members of the board may be selected from:

(1) A person from another profession or field who has an interest in
child abuse or neglect;

(2) A college or university professor or elementary or secondary teacher;

(3) A child advocate;

(4) A parent, foster parent or grandparent.

4. The following persons may participate in a child abuse and neglect
review board review:

(1) Appropriate children's division staff and legal counsel for the
department;

(2) The alleged perpetrator, who may be represented pro se or be
represented by legal counsel. The alleged perpetrator's presence is not
required for the review to be conducted. The alleged perpetrator may
submit a written statement for the board's consideration in lieu of
personal appearance; and

(3) Witnesses providing information on behalf of the child, the alleged
perpetrator or the department. Witnesses shall only be allowed to attend
that portion of the review in which they are presenting information.

5. The members of the board shall serve without compensation, but shall
receive reimbursement for reasonable and necessary expenses actually
incurred in the performance of their duties.

6. All records and information compiled, obtained, prepared or maintained
by the child abuse and neglect review board in the course of any review
shall be confidential information.

7. The department shall promulgate rules and regulations governing the
operation of the child abuse and neglect review board except as otherwise
provided for in this section. These rules and regulations shall, at a
minimum, describe the length of terms, the selection of the chairperson,
confidentiality, notification of parties and time frames for the
completion of the review.

8. Findings of probable cause to suspect prior to August 28, 2004, or
findings by a preponderance of the evidence after August 28, 2004, of
child abuse and neglect by the division which are substantiated by court
adjudication shall not be heard by the child abuse and neglect review
board. (L. 1994 S.B. 595, A.L. 2004 H.B. 1453)

1. The division shall, on a continuing basis, undertake and
maintain programs to inform all persons required to report abuse or
neglect pursuant to sections 210.110 to 210.165 and the public of the
nature, problem, and extent of abuse and neglect, and of the remedial and
therapeutic services available to children and their families; and to
encourage self-reporting and the voluntary acceptance of such services.
In addition, those mandated to report pursuant to this act shall be
informed by the division of their duties, options, and responsibilities
in accordance with this act.

2. The division shall conduct ongoing training programs in relation to
sections 210.110 to 210.165 for agency staff.

3. The division shall continuously publicize to mandated reporters of
abuse or neglect and to the public the existence and the number of the
twenty-four hour, statewide toll free telephone service to receive
reports of abuse or neglect. (L. 1975 H.B. 578 § 10)

Effective 6-6-75

1. In every case involving an abused or neglected child which
results in a judicial proceeding, the judge shall appoint a guardian ad
litem to appear for and represent:

(1) A child who is the subject of proceedings pursuant to sections
210.110 to 210.165, sections 210.700 to 210.760, sections 211.442 to
211.487, RSMo, or sections 453.005 to 453.170, RSMo, or proceedings to
determine custody or visitation rights under sections 452.375 to 452.410,
RSMo; or

(2) A parent who is a minor, or who is a mentally ill person or otherwise
incompetent, and whose child is the subject of proceedings under sections
210.110 to 210.165, sections 210.700 to 210.760, sections 211.442 to
211.487, RSMo, or sections 453.005 to 453.170, RSMo.

2. The guardian ad litem shall be provided with all reports relevant to
the case made to or by any agency or person, shall have access to all
records of such agencies or persons relating to the child or such child's
family members or placements of the child, and upon appointment by the
court to a case, shall be informed of and have the right to attend any
and all family support team meetings involving the child. Employees of
the division, officers of the court, and employees of any agency involved
shall fully inform the guardian ad litem of all aspects of the case of
which they have knowledge or belief.

3. The appointing judge shall require the guardian ad litem to faithfully
discharge such guardian ad litem's duties, and upon failure to do so
shall discharge such guardian ad litem and appoint another. The
appointing judge shall have the authority to examine the general and
criminal background of persons appointed as guardians ad litem, including
utilization of the family care safety registry and access line pursuant
to sections 210.900 to 210.937*, to ensure the safety and welfare of the
children such persons are appointed to represent. The judge in making
appointments pursuant to this section shall give preference to persons
who served as guardian ad litem for the child in the earlier proceeding,
unless there is a reason on the record for not giving such preference.

4. The guardian ad litem may be awarded a reasonable fee for such
services to be set by the court. The court, in its discretion, may award
such fees as a judgment to be paid by any party to the proceedings or
from public funds. However, no fees as a judgment shall be taxed against
a party or parties who have not been found to have abused or neglected a
child or children. Such an award of guardian fees shall constitute a
final judgment in favor of the guardian ad litem. Such final judgment
shall be enforceable against the parties in accordance with chapter 513,
RSMo.

5. The court may designate volunteer advocates, who may or may not be
attorneys licensed to practice law, to assist in the performance of the
guardian ad litem duties for the court. Nonattorney volunteer advocates
shall not provide legal representation. The court shall have the
authority to examine the general and criminal background of persons
designated as volunteer advocates, including utilization of the family
care safety registry and access line pursuant to sections 210.900 to
210.937*, to ensure the safety and welfare of the children such persons
are designated to represent. The volunteer advocate shall be provided
with all reports relevant to the case made to or by any agency or person,
shall have access to all records of such agencies or persons relating to
the child or such child's family members or placements of the child, and
upon designation by the court to a case, shall be informed of and have
the right to attend any and all family support team meetings involving
the child. Any such designated person shall receive no compensation from
public funds. This shall not preclude reimbursement for reasonable
expenses.

6. Any person appointed to perform guardian ad litem duties shall have
completed a training program in permanency planning and shall advocate
for timely court hearings whenever possible to attain permanency for a
child as expeditiously as possible to reduce the effects that prolonged
foster care may have on a child. A nonattorney volunteer advocate shall
have access to a court appointed attorney guardian ad litem should the
circumstances of the particular case so require. (L. 1975 H.B. 578 § 11,
A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1988 H.B.
1272, et al., A.L. 1996 S.B. 869, A.L. 2004 H.B. 1453)

*Section 210.937 was repealed by S.B. 184 in 2003.

(2004) Section authorizes court order requiring Division of Family
Services to pay guardian ad litem for dependent child's attorney fees,
where no party has been found to have abused or neglected the child. In
re L.D.W., 145 S.W.3d 18 (Mo.App. E.D.).

1. Any person violating any provision of sections 210.110 to
210.165 is guilty of a class A misdemeanor.

2. Any person who intentionally files a false report of child abuse or
neglect shall be guilty of a class A misdemeanor.

3. Every person who has been previously convicted of making a false
report to the division of family services and who is subsequently
convicted of making a false report under subsection 2 of this section is
guilty of a class D felony and shall be punished as provided by law.

4. Evidence of prior convictions of false reporting shall be heard by the
court, out of the hearing of the jury, prior to the submission of the
case to the jury, and the court shall determine the existence of the
prior convictions. (L. 1975 H.B. 578 § 12, A.L. 1982 H.B. 1171, et al.,
A.L. 1986 S.B. 470)

(2004) Section criminalizing failure to report child abuse is not
unconstitutional under void for vagueness doctrine. State v. Brown, 140
S.W.3d 51 (Mo.banc).

The division of family services, any juvenile officer, any
physician licensed under chapter 334, RSMo, any hospital or other health
care institution, and any other person or institution authorized by state
or federal law to provide medical care may bring an action in the circuit
court in the county where any child under eighteen years of age resides
or is located, alleging the child is suffering from the denial or
deprivation, by those responsible for the care, custody, and control of
the child, of medical or surgical treatment or intervention which is
necessary to remedy or ameliorate a medical condition which is
life-threatening or causes injury. Those responsible for the care,
custody and control of the child include, but is not limited to, the
parents or guardian of the child, other members of the child's household,
or those exercising supervision over a child for any part of a
twenty-four-hour day. A petition filed under this section shall be
expedited by the court involved in every manner practicable, including,
but not limited to, giving such petition priority over all other matters
on the court's docket and holding a hearing, at which the parent,
guardian or other person having authority to consent to the medical care
in question shall, after being notified thereof, be given the opportunity
to be heard, and issuing a ruling as expeditiously as necessary when the
child's condition is subject to immediate deterioration. Any circuit or
associate circuit judge of this state shall have the authority to ensure
that medical services are provided to the child when the child's health
requires it. (L. 1985 S.B. 5, et al. § 5, A.L. 1994 S.B. 595)

If an investigation conducted by the division of family services
pursuant to section 210.145 reveals that the only basis for action
involves a question of an alleged violation of section 167.031, RSMo,
then the local office of the division shall send the report to the school
district in which the child resides. The school district shall
immediately refer all private, parochial, parish or home school matters
to the prosecuting attorney of the county wherein the child legally
resides. The school district may refer public school violations of
section 167.031, RSMo, to the prosecuting attorney. (L. 1984 H.B. 1255 §
1, A.L. 1985 S.B. 154 merged with H.B. 366, et al., A.L. 1986 S.B. 795)

Effective 6-19-86

1. There is hereby created within the office of administration
of the state of Missouri the "Children's Trust Fund Board", which shall
be composed of twenty-one members as follows:

(1) Twelve public members to be appointed by the governor by and with the
advice and consent of the senate. As a group, the public members
appointed pursuant to this subdivision shall demonstrate knowledge in the
area of prevention programs, shall be representative of the demographic
composition of this state, and, to the extent practicable, shall be
representative of all of the following categories:

(a) Organized labor;

(b) The business community;

(c) The educational community;

(d) The religious community;

(e) The legal community;

(f) Professional providers of prevention services to families and
children;

(g) Volunteers in prevention services;

(h) Social services;

(i) Health care services; and

(j) Mental health services;

(2) A physician licensed pursuant to chapter 334, RSMo;

(3) Two members of the Missouri house of representatives, who shall be
appointed by the speaker of the house of representatives and shall be
members of two different political parties;

(4) Two members of the Missouri senate, who shall be appointed by the
president pro tem of the senate and who shall be members of two different
political parties; and

(5) Four members chosen and appointed by the governor.

2. All members of the board appointed by the speaker of the house or the
president pro tem of the senate shall serve until their term in the house
or senate during which they were appointed to the board expires. All
public members of the board shall serve for terms of three years; except,
that of the public members first appointed, four shall serve for terms of
three years, four shall serve for terms of two years, and three shall
serve for terms of one year. No public members may serve more than two
consecutive terms, regardless of whether such terms were full or partial
terms. Each member shall serve until his successor is appointed. All
vacancies on the board shall be filled for the balance of the unexpired
term in the same manner in which the board membership which is vacant was
originally filled.

3. Any public member of the board may be removed by the governor for
misconduct, incompetency, or neglect of duty after first being given the
opportunity to be heard in his or her own behalf.

4. The board may employ an executive director who shall be charged with
carrying out the duties and responsibilities assigned to him or her by
the board. The executive director may obtain all necessary office space,
facilities, and equipment, and may hire and set the compensation of such
staff as is approved by the board and within the limitations of
appropriations for the purpose. All staff members, except the executive
director, shall be employed pursuant to chapter 36, RSMo.

5. Each member of the board may be reimbursed for all actual and
necessary expenses incurred by the member in the performance of his or
her official duties. All reimbursements made pursuant to this subsection
shall be made from funds in the children's trust fund appropriated for
that purpose.

6. All business transactions of the board shall be conducted in public
meetings in accordance with sections 610.010 to 610.030, RSMo.

7. The board may accept federal funds for the purposes of sections
210.170 to 210.173 and section 143.1000, RSMo, as well as gifts and
donations from individuals, private organizations, and foundations. The
acceptance and use of federal funds shall not commit any state funds nor
place any obligation upon the general assembly to continue the programs
or activities for which the federal funds are made available. All funds
received in the manner described in this subsection shall be transmitted
to the state treasurer for deposit in the state treasury to the credit of
the children's trust fund.

8. The board shall elect a chairperson from among the public members, who
shall serve for a term of two years. The board may elect such other
officers and establish such committees as it deems appropriate.

9. The board shall exercise its powers and duties independently of the
office of administration except that budgetary, procurement, accounting,
and other related management functions shall be performed by the office
of administration.

(L. 1983 H.B. 550 § 2, A.L. 1999 S.B. 387, et al., A.L. 2002 S.B. 695)

As used in sections 210.170 to 210.173 and section 143.1000,
RSMo, the following terms shall mean:

(1) "Board", the children's trust fund board created in section 210.170;

(2) "Prevention program", any community-based educational or service
program designed to prevent or alleviate child abuse or neglect. (L. 1983
H.B. 550 § 1)

The board shall have the following powers and duties:

(1) To meet not less than twice annually at the call of the chairperson
to conduct its official business;

(2) To require that at least eight of the board members authorize the
disbursement of funds from the children's trust fund;

(3) To, one year after the appointment of the original board and annually
thereafter, develop a state plan for the distribution and disbursement of
funds in the children's trust fund. The plan developed under this
subdivision shall assure that an equal opportunity exists for the
establishment of prevention programs and the receipt of moneys from the
children's trust fund in all geographic areas of this state. Such plan
shall be transmitted to the governor, the president pro tem of the
senate, the speaker of the Missouri house of representatives, and the
appropriation committees of the Missouri senate and Missouri house of
representatives, and shall be made available to the general public. In
carrying out a plan developed under this subdivision, the board shall
establish procedures to:

(a) Enter into contracts with public or private agencies, schools, or
qualified individuals to establish community-based educational and
service prevention programs with or without using the procurement
procedures of the office of administration. Such prevention programs
shall focus on the prevention of child abuse and neglect. Community-based
service prevention programs shall include programs such as crisis care,
parent aides, counseling, and support groups. Participation by
individuals in any community-based educational or service prevention
program shall be strictly voluntary. In awarding contracts under this
paragraph, consideration shall be given by the board to factors such as
need, geographic location diversity, coordination with or improvement of
existing services, and extensive use of volunteers;

(b) Develop and publicize criteria for the awarding of contracts for
programs to be supported with money from the children's trust fund within
the limits of appropriations made for that purpose;

(c) Review and monitor expenditures of moneys from the children's trust
fund on a periodic basis;

(d) Consult with applicable state agencies, commissions, and boards to
help determine probable effectiveness, fiscal soundness, and need for
proposed community-based educational and service prevention programs;

(e) Facilitate information exchange between groups concerned with
prevention programs;

(f) Provide for statewide educational and public informational
conferences and workshops for the purpose of developing appropriate
public awareness regarding the problems of families and children, of
encouraging professional persons and groups to recognize and deal with
problems of families and children, of making information regarding the
problems of families and children and their prevention available to the
general public in order to encourage citizens to become involved in the
prevention of such problems, and of encouraging the development of
community prevention programs; and

(g) Establish a procedure for an annual internal evaluation of the
functions, responsibilities, and performance of the board, which
evaluation shall be coordinated with the annual state plan of the board.
(L. 1983 H.B. 550 § 3, A.L. 1986 S.B. 688)

1. There is established in the state treasury a special trust
fund, to be known as the "Children's Trust Fund". The state treasurer
shall credit to and deposit in the children's trust fund all amounts
received under section 143.1000, RSMo, and any other amounts which may be
received from grants, gifts, bequests, the federal government, or other
sources granted or given for this specific purpose.

2. The state treasurer shall invest moneys in the children's trust fund
in the same manner as surplus state funds are invested pursuant to
section 30.260, RSMo. All earnings resulting from the investment of
moneys in the children's trust fund shall be credited to the children's
trust fund.

3. Until the amount in the children's trust fund exceeds one million
dollars, not more than one-half of the money deposited in the children's
trust fund each year from contributions made under section 143.1000,
RSMo, plus all earnings from the investment of moneys in the trust fund
credited during the previous fiscal year, shall be available for
disbursement by the board in accordance with sections 210.170 to 210.173
and section 143.1000, RSMo. When the state treasurer certifies that the
assets in the children's trust fund exceed one million dollars, then,
from that time on, all credited earnings plus all future annual deposits
to the fund from contributions made under section 143.1000, RSMo, shall
be available for disbursement by the board within the limits of
appropriations and for the purposes provided by sections 210.170 to
210.173 and section 143.1000, RSMo. The general assembly may appropriate
moneys annually from the children's trust fund to the department of
revenue to pay the costs incurred for collecting and transferring funds
under section 143.1000, RSMo, and to the office of administration to pay
the expenses incurred by the office of administration for budgetary,
procurement, accounting, and other related management functions performed
by it and to pay the expenses of members of the board and the salary of
the executive director.

4. Except as provided in subsection 5 of this section, funds appropriated
by the general assembly from the children's trust fund shall only be used
by the board for purposes authorized under sections 210.170 to 210.173
and section 143.1000, RSMo, and shall not be used to supplant any
existing program or service.

5. Funds received from gifts, bequests, contributions other than
contributions made pursuant to section 143.1000, RSMo, grants, and
federal funds may be used and expended by the board for such purposes as
may be specified in any requirements, terms or conditions attached
thereto or, in the absence of any specific requirements, terms or
conditions, as the board may determine for any lawful purpose.

6. The provisions of section 33.080, RSMo, requiring all unexpended
balances remaining in various state funds to be transferred and placed to
the credit of the ordinary revenue fund of this state at the end of each
biennium, shall not apply to the children's trust fund. (L. 1983 H.B. 550
§ 4, A.L. 1987 S.B. 308)

Effective 6-19-87

CROSS REFERENCE: Designation of a portion of income tax refund to
children's trust fund, RSMo 143.1000

Each employee of the division who is responsible for the
investigation or family assessment of reports of suspected child abuse or
neglect shall receive not less than forty hours of preservice training on
the identification and treatment of child abuse and neglect. In addition
to such preservice training such employee shall also receive not less
than twenty hours of in-service training each year on the subject of the
identification and treatment of child abuse and neglect. (L. 1986 S.B.
470 § 1, A.L. 1994 S.B. 595)

1. At the time of the initial investigation of a report of child
abuse or neglect, the division employee conducting the investigation
shall provide the alleged perpetrator with a written description of the
investigation process. Such written notice shall be given substantially
in the following form:

"The investigation is being undertaken by the Children's Division
pursuant to the requirements of chapter 210 of the Revised Missouri
Statutes in response to a report of child abuse or neglect.

The identity of the person who reported the incident of abuse or neglect
is confidential and may not even be known to the Division since the
report could have been made anonymously.

This investigation is required by law to be conducted in order to enable
the Children's Division to identify incidents of abuse or neglect in
order to provide protective or preventive social services to families who
are in need of such services.

The division shall make every reasonable attempt to complete the
investigation within thirty days. Within ninety days you will receive a
letter from the Division which will inform you of one of the following:

(1) That the Division has found insufficient evidence of abuse or
neglect; or

(2) That there appears to be by a preponderance of the evidence reason to
suspect the existence of child abuse or neglect in the judgment of the
Division and that the Division will contact the family to offer social
services.

If the Division finds by a preponderance of the evidence reason to
believe child abuse or neglect has occurred or the case is substantiated
by court adjudication, a record of the report and information gathered
during the investigation will remain on file with the Division.

If you disagree with the determination of the Division and feel that
there is insufficient reason to believe by a preponderance of the
evidence that abuse or neglect has occurred, you have a right to request
an administrative review at which time you may hire an attorney to
represent you. If you request an administrative review on the issue, you
will be notified of the date and time of your administrative review
hearing by the child abuse and neglect review board. If the Division's
decision is reversed by the child abuse and neglect review board, the
Division records concerning the report and investigation will be updated
to reflect such finding. If the child abuse and neglect review board
upholds the Division's decision, an appeal may be filed in circuit court
within sixty days of the child abuse and neglect review board's decision."

2. If the division uses the family assessment approach, the division
shall at the time of the initial contact provide the parent of the child
with the following information:

(1) The purpose of the contact with the family;

(2) The name of the person responding and his or her office telephone
number;

(3) The assessment process to be followed during the division's
intervention with the family including the possible services available
and expectations of the family. (L. 1986 S.B. 470 § 2, A.L. 1994 S.B.
595, A.L. 2004 H.B. 1453)

1. The task force on children's justice established by the
children's division within the department of social services to recommend
improvements in the area of child abuse and neglect services and provide
funding for such recommendations shall provide an independent review of
policies and procedures of state and local child protective services
agencies, and where appropriate, specific cases, and shall evaluate the
extent to which the agencies are effectively discharging their child
protection responsibilities.

2. Consistent with the task force's function of reviewing applications
for federal grant moneys available to the state under the Children's
Justice Act which are designed to assist eligible states in implementing
programs for the handling, investigation, and prosecution of child abuse
cases, the task force shall consider the awarding of grant moneys which
address the issues that arise from the independent review conducted by
the task force pursuant to subsection 1 of this section. As authorized by
the Children's Justice Act, grant moneys shall be awarded for the
following categories:

(1) Improvements to the investigative, administrative, and judicial
handling of cases of child abuse and neglect;

(2) Experimental, model, and demonstration programs for testing
innovative approaches and techniques to improve the prompt and successful
resolution of court proceedings or enhance the effectiveness and judicial
administration action in child abuse and neglect cases; and

(3) Reform of state laws, rules, protocols, and procedures to provide
comprehensive protection for children from abuse and neglect.

3. The members of the task force shall not disclose to any person or
government official any identifying information concerning a specific
child protection case with respect to which the task force is providing
information and shall not make public other information unless authorized
by federal or state law.

4. The task force shall be provided:

(1) Access to information on cases that the task force desires or is
requested to review if such information is necessary for the task force
to carry out its functions pursuant to this section; and

(2) Upon request, assistance from the department of social services for
the performance of the task force's duties. (L. 2004 H.B. 1453)

Beginning February 1, 2006, and each February first thereafter,
the department of social services shall submit a report to the governor
and the general assembly that includes the following information for the
previous calendar year:

(1) The number of children who were reported to the state of Missouri
during the year as abused or neglected;

(2) Of the number of children described in subdivision (1) of this
section, the number with respect to whom such reports were substantiated
or unsubstantiated;

(3) Of the number of children described in subdivision (2) of this
section:

(a) The number that did not receive or refused services during the year
under a children's division program;

(b) The number that did receive services during the year under a state
program; and

(c) The number that were removed from their families during the year by
disposition of the case;

(4) The number of families that received preventive services from the
state or a private service provider during the year;

(5) The number of deaths in the state during the year resulting from
child abuse or neglect;

(6) Of the number of children described in subdivision (5) of this
section, the number of children who were in foster care or received
services from a private service provider;

(7) The number of child protective services workers responsible for the
intake and screening of reports filed during the year;

(8) The agency response time with respect to each such report with
respect to initial investigation of reports of child abuse or neglect;

(9) The response time with respect to the provision of services to
families and children where an allegation of abuse or neglect has been
made;

(10) The number of child protective services workers responsible for
intake, assessment, and investigation of child abuse and neglect reports
relative to the number of reports investigated during the year;

(11) The number of children reunited with their families or receiving
family preservation services that, within five years, result in
subsequent substantiated reports of child abuse and neglect, including
the death of the child; and

(12) The number of children in foster care who have been adopted. (L.
2004 H.B. 1453)

1. The prosecuting attorney or the circuit attorney shall
impanel a child fatality review panel for the county or city not within a
county in which he or she serves to investigate the deaths of children
under the age of eighteen years, who are eligible to receive a
certificate of live birth. The panel shall be formed and shall operate
according to the rules, guidelines and protocols provided by the
department of social services.

2. The panel shall include, but shall not be limited to, the following:

(1) The prosecuting or circuit attorney;

(2) The coroner or medical examiner for the county or city not within a
county;

(3) Law enforcement personnel in the county or city not within a county;

(4) A representative from the division of family services;

(5) A provider of public health care services;

(6) A representative of the juvenile court;

(7) A provider of emergency medical services.

3. The prosecuting or circuit attorney shall organize the panel and shall
call the first organizational meeting of the panel. The panel shall elect
a chairman who shall convene the panel to meet to review all deaths of
children under the age of eighteen years, who are eligible to receive a
certificate of live birth, which meet guidelines for review as set forth
by the department of social services. In addition, the panel may review
at its own discretion any child death reported to it by the medical
examiner or coroner, even if it does not meet criteria for review as set
forth by the department. The panel shall issue a final report, which
shall be a public record, of each investigation to the department of
social services, state technical assistance team and to the director of
the department of health and senior services. The final report shall
include a completed summary report form. The form shall be developed by
the director of the department of social services in consultation with
the director of the department of health and senior services. The
department of health and senior services shall analyze the child fatality
review panel reports and periodically prepare epidemiological reports
which describe the incidence, causes, location and other factors
pertaining to childhood deaths. The department of health and senior
services and department of social services shall make recommendations and
develop programs to prevent childhood injuries and deaths.

4. The child fatality review panel shall enjoy such official immunity as
exists at common law. (L. 1991 H.B. 185 § 1, A.L. 1991 S.B. 190 § 12,
A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602)

1. The director of the department of social services, in
consultation with the director of the department of health and senior
services, shall promulgate rules, guidelines and protocols for child
fatality review panels established pursuant to section 210.192 and for
state child fatality review panels.

2. The director shall promulgate guidelines and protocols for coroner and
medical examiners to use to help them to identify suspicious deaths of
children under the age of eighteen years, who are eligible to receive a
certificate of live birth.

3. No rule or portion of a rule promulgated under the authority of
sections 210.192 to 210.196 shall become effective unless it has been
promulgated pursuant to the provisions of section 536.024, RSMo.

4. All meetings conducted, all reports and records made and maintained
pursuant to sections 210.192 to 210.196 by the department of social
services and department of health and senior services and its divisions,
including the state technical assistance team, or other appropriate
persons, officials, or state child fatality review panel and local child
fatality review panel shall be confidential and shall not be open to the
general public except for the annual report pursuant to section 210.195.
(L. 1991 H.B. 185 § 2, A.L. 1993 S.B. 52, A.L. 1994 S.B. 595, A.L. 1995
S.B. 3)

1. The director of the department of social services shall
establish a special team which shall:

(1) Develop and implement protocols for the evaluation and review of
child fatalities;

(2) Provide training, expertise and assistance to county child fatality
review panels for the review of child fatalities;

(3) When required and unanimously requested by the county fatality review
panel, assist in the review and prosecution of specific child fatalities;
and

(4) The special team may be known as the department of social services,
state technical assistance team.

2. The director of the department of social services shall appoint
regional coordinators to serve as resources to child fatality review
panels established pursuant to section 210.192.

3. The director of the department of social services shall appoint a
state child fatality review panel which shall meet at least biannually to
provide oversight and make recommendations to the department of social
services, state technical assistance team. The department of social
services, state technical assistance team shall gather data from local
child fatality review panels to identify systemic problems and shall
submit findings and recommendations to the director of the department of
social services, the governor, the speaker of the house of
representatives, the president pro tempore of the senate, the children's
services commission, juvenile officers, and the chairman of the local
child fatality review panel, at least once a year, on ways to prevent
further child abuse and injury deaths. (L. 1991 H.B. 185 § 3, A.L. 1994
S.B. 595, A.L. 2000 S.B. 757 & 602)

1. The director of the department of health and senior services,
in consultation with the director of the department of social services,
shall promulgate rules, guidelines and protocols for hospitals and
physicians to use to help them to identify suspicious deaths of children
under the age of eighteen years, who are eligible to receive a
certificate of live birth.

2. The director of the department of health and senior services shall
promulgate rules for the certification of child death pathologists and
shall develop protocols for such pathologists. A certified child death
pathologist shall be a board-certified forensic pathologist or a
board-certified pathologist who through special training or experience is
deemed qualified in the area of child fatalities by the department of
health and senior services.

3. Except as provided in section 630.167, RSMo, any hospital, physician,
medical professional, mental health professional, or department of mental
health facility shall disclose upon request all records, medical or
social, of any child eligible to receive a certificate of live birth
under the age of eighteen who has died to the coroner or medical
examiner, division of family services representative, or public health
representative who is a member of the local child fatality review panel
established pursuant to section 210.192 to investigate the child's death.
Any legally recognized privileged communication, except that between
attorney and client, shall not apply to situations involving the death of
a child under the age of eighteen years, who is eligible to receive a
certificate of live birth. (L. 1991 H.B. 185 § 4, A.L. 1993 S.B. 52, A.L.
1994 S.B. 595, A.L. 1995 S.B. 3)

Any applicant for a grant or contract who offers early childhood
development, education or care programs and who receives funds derived
from an appropriation to the department of elementary and secondary
education pursuant to paragraph (d) of subdivision (3) of section
313.835, RSMo, shall be licensed by the department of health and senior
services pursuant to sections 210.201 to 210.259 prior to opening of the
facility. The provisions of this section shall not apply to any grant or
contract awarded to a request for proposal issued prior to August 28,
1999. (L. 1999 H.B. 490 & H.B. 308 § 16)

As used in sections 210.201 to 210.257, the following terms mean:

(1) "Child", an individual who is under the age of seventeen;

(2) "Child-care facility", a house or other place conducted or maintained
by any person who advertises or holds himself out as providing care for
more than four children during the daytime, for compensation or
otherwise, except those operated by a school system or in connection with
a business establishment which provides child care as a convenience for
its customers or its employees for no more than four hours per day, but a
child-care facility shall not include any private or religious
organization elementary or secondary school, a religious organization
academic preschool or kindergarten for four- and five-year-old children,
a home school, as defined in section 167.031, RSMo, a weekly Sunday or
Sabbath school, a vacation Bible school or child care made available
while the parents or guardians are attending worship services or other
meetings and activities conducted or sponsored by a religious
organization. If a facility or program is exempt from licensure based on
the school exception established in this subdivision, such facility or
program shall submit documentation annually to the department to verify
its licensure-exempt status; except that, under no circumstances shall
any public or religious organization elementary or secondary school, a
religious organization academic preschool or kindergarten for four- and
five-year-old children, a home school, as defined in section 167.031,
RSMo, a weekly Sunday or Sabbath school, a vacation Bible school or child
care made available while the parents or guardians are attending worship
services or other meetings and activities conducted or sponsored by a
religious organization be required to submit documentation annually to
the department to verify its licensure-exempt status;

(3) "Person", any person, firm, corporation, association, institution or
other incorporated or unincorporated organization;

(4) "Religious organization", a church, synagogue or mosque; an entity
that has or would qualify for federal tax-exempt status as a nonprofit
religious organization under Section 501(c) of the Internal Revenue Code;
or an entity whose real estate on which the child-care facility is
located is exempt from taxation because it is used for religious
purposes. (RSMo 1949 §§ 210.200, 210.210, A.L. 1955 p. 685 § 210.200,
A.L. 1982 H.B. 1171, et al., A.L. 1989 S.B. 241, A.L. 1993 H.B. 376, A.L.
2002 S.B. 923, et al., A.L. 2004 H.B. 1453)

Prior revision: 1929 § 14133

(1989) Where definitions in statute are clear and unambiguous, department
may not promulgate a regulation which is in conflict with the statute.
(Mo.App.) Div. of Family Serv. v. Patterson Schools, 772 S.W.2d 823.

The department of health and senior services shall maintain a
record of substantiated, signed parental complaints against child care
facilities licensed pursuant to this chapter, and shall make such
complaints and findings available to the public upon request. (L. 1993
H.B. 376)

1. It shall be unlawful for any person to establish, maintain or
operate a child-care facility for children, or to advertise or hold
himself or herself out as being able to perform any of the services as
defined in section 210.201, without having in effect a written license
granted by the department of health and senior services; except that
nothing in sections 210.203 to 210.245 shall apply to:

(1) Any person who is caring for four or fewer children. For purposes of
this subdivision, children who are related by blood, marriage or adoption
to such person within the third degree shall not be considered in the
total number of children being cared for;

(2) Any person who has been duly appointed by a court of competent
jurisdiction the guardian of the person of the child or children, or the
person who has legal custody of the child or children;

(3) Any person who receives free of charge, and not as a business, for
periods not exceeding ninety consecutive days, as bona fide, occasional
and personal guests the child or children of personal friends of such
person, and who receives custody of no other unrelated child or children;

(4) Any graded boarding school, summer camp, hospital, sanitarium or home
which is conducted in good faith primarily to provide education,
recreation, medical treatment, or nursing or convalescent care for
children;

(5) Any child-care facility maintained or operated under the exclusive
control of a religious organization. When a nonreligious organization,
having as its principal purpose the provision of child-care services,
enters into an arrangement with a religious organization for the
maintenance or operation of a child-care facility, the facility is not
under the exclusive control of the religious organization;

(6) Any residential facility or day program licensed by the department of
mental health pursuant to sections 630.705 to 630.760, RSMo, which
provides care, treatment and habilitation exclusively to children who
have a primary diagnosis of mental disorder, mental illness, mental
retardation or developmental disability, as defined in section 630.005,
RSMo; and

(7) Any nursery school.

2. Notwithstanding the provisions of subsection 1 of this section, no
child-care facility shall be exempt from licensure if such facility
receives any state or federal funds for providing care for children,
except for federal funds for those programs which meet the requirements
for participation in the Child and Adult Care Food Program pursuant to 42
U.S.C. 1766. Grants to parents for child care pursuant to sections
210.201 to 210.257 shall not be construed to be funds received by a
person or facility listed in subdivisions (1) and (5) of subsection 1 of
this section. (RSMo 1949 § 210.230, A.L. 1955 p. 685 § 210.210, A.L. 1982
H.B. 1171, et al., A.L. 1989 S.B. 241, A.L. 1993 H.B. 376, A.L. 1999 H.B.
490 & H.B. 308, A.L. 2004 H.B. 1453)

(1976) Held, that a lawyer is not required to be licensed by the division
of family services in order to render legal services in connection with
adoptions. In re Schaeffer (Mo.), 530 S.W.2d 231.

Any parent or guardian of a child shall have access to the child
care facility in which his child is enrolled and which is licensed
pursuant to the provisions of sections 210.201 to 210.245 and shall have
access to the providers of care in such facilities during normal hours of
operation or when a child of such parent or guardian is in the care of
such facility or provider, unless such parent or guardian is subject to a
court order restricting access to the child. (L. 1993 H.B. 376)

1. The department of health and senior services shall have the
following powers and duties:

(1) After inspection, to grant licenses to persons to operate child- care
facilities if satisfied as to the good character and intent of the
applicant and that such applicant is qualified and equipped to render
care or service conducive to the welfare of children, and to renew the
same when expired. No license shall be granted for a term exceeding two
years. Each license shall specify the kind of child-care services the
licensee is authorized to perform, the number of children that can be
received or maintained, and their ages and sex;

(2) To inspect the conditions of the homes and other places in which the
applicant operates a child-care facility, inspect their books and
records, premises and children being served, examine their officers and
agents, deny, suspend, place on probation or revoke the license of such
persons as fail to obey the provisions of sections 210.201 to 210.245 or
the rules and regulations made by the department of health and senior
services. The director also may revoke or suspend a license when the
licensee fails to renew or surrenders the license;

(3) To promulgate and issue rules and regulations the department deems
necessary or proper in order to establish standards of service and care
to be rendered by such licensees to children. No rule or regulation
promulgated by the division shall in any manner restrict or interfere
with any religious instruction, philosophies or ministries provided by
the facility and shall not apply to facilities operated by religious
organizations which are not required to be licensed; and

(4) To determine what records shall be kept by such persons and the form
thereof, and the methods to be used in keeping such records, and to
require reports to be made to the department at regular intervals.

2. Any child-care facility may request a variance from a rule or
regulation promulgated pursuant to this section. The request for a
variance shall be made in writing to the department of health and senior
services and shall include the reasons the facility is requesting the
variance. The department shall approve any variance request that does not
endanger the health or safety of the children served by the facility. The
burden of proof at any appeal of a disapproval of a variance application
shall be with the department of health and senior services. Local
inspectors may grant a variance, subject to approval by the department of
health and senior services.

3. The department shall deny, suspend, place on probation or revoke a
license if it receives official written notice that the local governing
body has found that license is prohibited by any local law related to the
health and safety of children. The department may, after inspection, find
the licensure, denial of licensure, suspension or revocation to be in the
best interest of the state.

4. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
210.201 to 210.245 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. All rulemaking authority delegated
prior to August 28, 1999, is of no force and effect and repealed. Nothing
in this section shall be interpreted to repeal or affect the validity of
any rule filed or adopted prior to August 28, 1999, if it fully complied
with all applicable provisions of law. This section and chapter 536,
RSMo, are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 1999, shall be invalid and void.
(RSMo 1949 § 210.240, A.L. 1955 p. 685 § 210.220, A.L. 1987 S.B. 277,
A.L. 1993 H.B. 376 merged with S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B.
490 & H.B. 308)

Prior revision: 1929 § 14135

The department of health and senior services may designate to
act for it, with full authority of law, any instrumentality of any
political subdivision of the state of Missouri deemed by the department
of health and senior services to be competent, to investigate and inspect
licensees and applicants for a license. Local inspection of child care
facilities may be accomplished if the standards employed by local
personnel are substantially equivalent to state standards and local
personnel are available for enforcement of such standards. (L. 1955 p.
685 § 210.230, A.L. 1982 H.B. 1171, et al., A.L. 1993 H.B. 376)

Any person aggrieved by a final decision of the department of
health and senior services made in the administration of sections 210.201
to 210.245 shall be entitled to judicial review thereof as provided in
chapter 536, RSMo. (L. 1955 p. 685 § 210.240, A.L. 1993 H.B. 376)

1. Any person who violates any provision of sections 210.201 to
210.245, or who for such person or for any other person makes materially
false statements in order to obtain a license or the renewal thereof
pursuant to sections 210.201 to 210.245, shall be guilty of an infraction
for the first offense and shall be assessed a fine not to exceed two
hundred dollars and shall be guilty of a class A misdemeanor for
subsequent offenses. In case such guilty person is a corporation,
association, institution or society, the officers thereof who participate
in such misdemeanor shall be subject to the penalties provided by law.

2. If the department of health and senior services proposes to deny,
suspend, place on probation or revoke a license, the department of health
and senior services shall serve upon the applicant or licensee written
notice of the proposed action to be taken. The notice shall contain a
statement of the type of action proposed, the basis for it, the date the
action will become effective, and a statement that the applicant or
licensee shall have thirty days to request in writing a hearing before
the administrative hearing commission and that such request shall be made
to the department of health and senior services. If no written request
for a hearing is received by the department of health and senior services
within thirty days of the delivery or mailing by certified mail of the
notice to the applicant or licensee, the proposed discipline shall take
effect on the thirty-first day after such delivery or mailing of the
notice to the applicant or licensee. If the applicant or licensee makes a
written request for a hearing, the department of health and senior
services shall file a complaint with the administrative hearing
commission within ninety days of receipt of the request for a hearing.

3. The department of health and senior services may issue letters of
censure or warning without formal notice or hearing. Additionally, the
department of health and senior services may place a licensee on
probation pursuant to chapter 621, RSMo.

4. The department of health and senior services may suspend any license
simultaneously with the notice of the proposed action to be taken in
subsection 2 of this section, if the department of health and senior
services finds that there is a threat of imminent bodily harm to the
children in care. The notice of suspension shall include the basis of the
suspension and the appeal rights of the licensee pursuant to this
section. The licensee may appeal the decision to suspend the license to
the department of health and senior services. The appeal shall be filed
within ten days from the delivery or mailing by certified mail of the
notice of appeal. A hearing shall be conducted by the department of
health and senior services within ten days from the date the appeal is
filed. The suspension shall continue in effect until the conclusion of
the proceedings, including review thereof, unless sooner withdrawn by the
department of health and senior services, dissolved by a court of
competent jurisdiction or stayed by the administrative hearing
commission. Any person aggrieved by a final decision of the department
made pursuant to this section shall be entitled to judicial review in
accordance with chapter 536, RSMo.

5. In addition to initiating proceedings pursuant to subsection 1 of this
section, or in lieu thereof, the prosecuting attorney of the county where
the child-care facility is located may file suit for a preliminary and
permanent order overseeing or preventing the operation of a child-care
facility for violating any provision of sections 210.201 to 210.245. The
order shall remain in force until such a time as the court determines
that the child-care facility is in substantial compliance. If the
prosecuting attorney refuses to act or fails to act after receipt of
notice from the department of health and senior services, the department
of health and senior services may request that the attorney general seek
an injunction of the operation of such child-care facility.

6. In cases of imminent bodily harm to children in the care of a
child-care facility, the department may file suit in the circuit court of
the county in which the child-care facility is located for injunctive
relief, which may include removing the children from the facility,
overseeing the operation of the facility or closing the facility. (L.
1955 p. 685, A.L. 1993 H.B. 376, A.L. 1999 H.B. 490 & H.B. 308)

1. By January 1, 1994, financial incentives shall be provided by
the department of health and senior services through the child
development block grant and other public moneys for child-care facilities
wishing to upgrade their standard of care and which meet quality
standards.

2. The department of health and senior services shall make federal funds
available to licensed or inspected child-care centers pursuant to federal
law as set forth in the Child and Adult Food Program, 42 U.S.C. 1766. (L.
1993 H.B. 376, A.L. 1999 H.B. 490 & H.B. 308)

1. All buildings and premises used by a child- care facility to
care for more than four children except those exempted from the licensing
provisions of the department of health and senior services pursuant to
subdivisions (1), (2), (3), (4) and (6) of section 210.211, shall be
inspected annually for fire and safety by the state fire marshal, the
marshal's designee or officials of a local fire district and for health
and sanitation by the department of health and senior services or
officials of the local health department. Evidence of compliance with the
inspections required by this section shall be kept on file and available
to parents of children enrolling in the child-care facility.

2. Local inspection of child-care facilities may be accomplished if the
standards employed by local personnel are substantially equivalent to
state standards and local personnel are available for enforcement of such
standards.

3. Any child-care facility may request a variance from a rule or
regulation promulgated pursuant to this section. The request for a
variance shall be made in writing to the department of health and senior
services and shall include the reasons the facility is requesting the
variance. The department shall approve any variance request that does not
endanger the health or safety of the children served by the facility. The
burden of proof at any appeal of a disapproval of a variance application
shall be with the department of health and senior services. Local
inspectors may grant a variance, subject to approval by the department.

4. The department of health and senior services shall administer the
provisions of sections 210.252 to 210.256, with the cooperation of the
state fire marshal, local fire departments and local health agencies.

5. The department of health and senior services shall promulgate rules
and regulations to implement and administer the provisions of sections
210.252 to 210.256. Such rules and regulations shall provide for the
protection of children in all child-care facilities whether or not such
facility is subject to the licensing provisions of sections 210.201 to
210.245.

6. Any rule or portion of a rule, as that term is defined in section
536.010, RSMo, that is created under the authority delegated in sections
210.252 to 210.256 shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. All rulemaking authority delegated
prior to August 28, 1999, is of no force and effect and repealed. Nothing
in this section shall be interpreted to repeal or affect the validity of
any rule filed or adopted prior to August 28, 1999, if it fully complied
with all applicable provisions of law. This section and chapter 536,
RSMo, are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 1999, shall be invalid and void. (L.
1993 H.B. 376 § 1, A.L. 1999 H.B. 490 & H.B. 308)

1. Child-care facilities operated by religious organizations
pursuant to the exempt status recognized in subdivision (5) of section
210.211 shall upon enrollment of any child provide the parent or guardian
enrolling the child two copies of a notice of parental responsibility,
one copy of which shall be retained in the files of the facility after
the enrolling parent acknowledges, by signature, having read and accepted
the information contained therein.

2. The notice of parental responsibility shall include the following:

(1) Notification that the child-care facility is exempt as a religious
organization from state licensing and therefore not inspected or
supervised by the department of health and senior services other than as
provided herein and that the facility has been inspected by those
designated in section 210.252 and is complying with the fire, health and
sanitation requirements of sections 210.252 to 210.257;

(2) The names, addresses and telephone numbers of agencies and
authorities which inspect the facility for fire, health and safety and
the date of the most recent inspection by each;

(3) The staff/child ratios for enrolled children under two years of age,
for children ages two to four and for those five years of age and older
as required by the department of health and senior services regulations
in licensed facilities, the standard ratio of staff to number of children
for each age level maintained in the exempt facility, and the total
number of children to be enrolled by the facility;

(4) Notification that background checks have been conducted on each
individual caregiver and all other personnel at the facility. The
background check shall be conducted upon employment and every two years
thereafter on each individual caregiver and all other personnel at the
facility. Such background check shall include a screening for child abuse
or neglect through the division of family services, and a criminal record
review through the Missouri highway patrol pursuant to section 43.540,
RSMo. The fee for the criminal record review shall be limited to the
actual costs incurred by the Missouri highway patrol in conducting such
review not to exceed ten dollars;

(5) The disciplinary philosophy and policies of the child-care facility;
and

(6) The educational philosophy and policies of the child-care facility.

3. A copy of notice of parental responsibility, signed by the principal
operating officer of the exempt child-care facility and the individual
primarily responsible for the religious organization conducting the
child-care facility and copies of the annual fire and safety inspections
shall be filed annually during the month of August with the director of
the department of health and senior services. Exempt child-care
facilities which begin operation after August 28, 1993, shall file such
notice at least five days prior to starting to operate. (L. 1993 H.B. 376
§ 2 subsecs. 1, 2, 3, A.L. 1999 H.B. 490 & H.B. 308)

1. A parent or guardian of a child enrolled in a child care
facility established, maintained or operated by a religious organization
who has cause to believe that this section and section 210.254 are being
violated may notify appropriate local law enforcement authorities.

2. If a child care facility maintained or operated under the exclusive
control of a religious organization is suspected of violating any
provision of sections 210.252 to 210.255, or if there is good cause to
believe that the signatory made a materially false statement in the
notice of parental responsibility required by sections 210.252 to
210.255, the department of health and senior services shall give twenty
days' written notice to the facility concerning the nature of its
suspected noncompliance. If compliance is not forthcoming within the
twenty days, the department shall thereafter notify the prosecuting
attorney of the county wherein the facility is located concerning the
suspected noncompliance. If the prosecuting attorney refuses to act or
fails to act within thirty days of receipt of notice from the department,
the department of health and senior services may notify the attorney
general concerning the suspected noncompliance and the attorney general
may proceed under section 210.248*. (L. 1993 H.B. 376 § 2 subsecs. 4, 5)

*Apparent typographical error since section 210.248 did not exist in the
Missouri Revised Statutes at the time of the passage of this section.

1. Any person who violates any provision of sections 210.252 to
210.255, or who for such person or for any other person makes a
materially false statement in the notice of parental responsibility
required by sections 210.254 and 210.255, shall be guilty of an
infraction for the first offense and shall be assessed a fine not to
exceed two hundred dollars and shall be guilty of a class A misdemeanor
for subsequent offenses. In case such guilty person is a corporation,
association, institution, or society, the officers thereof who
participate in such violation shall be subject to the same penalties.

2. In addition to initiating proceedings pursuant to subsection 1 of this
section, or in lieu thereof, the prosecuting attorney of the county where
the child-care facility is located may file suit for a preliminary and
permanent order overseeing or preventing the operation of a child-care
facility for violating any provision of section 210.252. The injunction
shall remain in force until such time as the court determines that the
child-care facility is in substantial compliance.

3. In cases of imminent bodily harm to children in the care of a
child-care facility, the department of health and senior services may
apply to the circuit court of the county in which the child-care facility
is located for injunctive relief, which may include removing the children
from the facility, overseeing the operation of the facility or closing
the facility. (L. 1993 H.B. 376 § 3, A.L. 1999 H.B. 490 & H.B. 308)

No rule or portion of a rule promulgated under the authority of
section 210.252 shall become effective unless it has been promulgated
pursuant to the provisions of section 536.024, RSMo. (L. 1993 H.B. 376 §
4, A.L. 1995 S.B. 3)

The provisions of this section and section 210.259 apply to a
child care facility maintained or operated under the exclusive control of
a religious organization. Nothing in sections 210.252 to 210.257 shall be
construed to authorize the department of health and senior services or
any other governmental entity:

(1) To interfere with the program, curriculum, ministry, teaching or
instruction offered in a child care facility;

(2) To interfere with the selection, certification, minimal formal
educational degree requirements, supervision or terms of employment of a
facility's personnel;

(3) To interfere with the selection of individuals sitting on any
governing board of a child care facility;

(4) To interfere with the selection of children enrolled in a child care
facility; or

(5) To prohibit the use of corporal punishment. However, the department
of health and senior services may require the child care facility to
provide the parent or guardian enrolling a child in the facility a
written explanation of the disciplinary philosophy and policies of the
child care facility. (L. 1993 H.B. 376 § 6 subsec. 1)

When a nonreligious organization, having as its principal
purpose the provision of child care services, enters into an arrangement
with a religious organization for the maintenance or operation of a child
care facility on the property of the religious organization, the facility
is not under the exclusive control of the religious organization. (L.
1993 H.B. 376 § 6 subsec. 2)

Any program licensed by the department of health and senior
services pursuant to this chapter providing child care to school-age
children that is located and operated on elementary or secondary school
property shall comply with the child-care licensure provisions in this
chapter; except that, for safety, health and fire purposes, all buildings
and premises for any such programs shall be deemed to be in compliance
with the child-care licensure provisions in this chapter. (L. 2001 S.B.
236 § 1)

1. Any city not within a county, which has a population of six
hundred thousand inhabitants or over, and any county of the first class
authorized by law to provide, and which does provide, foster care to
homeless, dependent or neglected children shall receive from the state
one hundred percent of the net cost thereof.

2. The "foster care" provided for by sections 210.292 to 210.298 shall be
care of homeless, dependent or neglected children when the foster
facilities are selected by the local agency or division of family
services and the placement of children therein is lawfully authorized;
the "care" shall include room, board, clothing, medical care, dental
care, social services and incidentals. (L. 1965 p. 360 §§ 1, 2, A.L. 1969
H.B. 279, A.L. 1977 H.B. 578)

Effective 1-1-78

1. The county commission or other legislative authority in any
such county, or the circuit judges en banc in any first class county with
the greater part of a city of three hundred fifty thousand or more
population, shall make all rules and regulations for the government of
such places of detention, make a budget for operations, appoint officers
and attendants, including teachers, prescribe their duties and fix their
compensation. The expense of maintaining such place of detention,
including the compensation of officers and employees thereof, shall be
paid out of any funds available for the purpose, as the county commission
deems proper; except, that no portion of the special road fund shall be
appropriated for this purpose.

2. In any first class county with the greater part of a city of three
hundred fifty thousand or more population, to defray in whole or in part
the expenses of such places of detention and any other children's
services, the county commission or other legislative authority is hereby
authorized to impose a tax on the sale of cigarettes made of tobacco or
any substitute for tobacco, not to exceed two and one-half mills per
cigarette sold in the county.

3. The rate of taxation shall not be greater than the amount required for
children's services.

4. The county cigarette tax shall be collected by the state department of
revenue in the same manner as is provided by chapter 149, RSMo, for the
collection of the state cigarette tax. The director of revenue shall
retain, from the county tax collected, one percent of the amount
collected and deposit that amount in the state general revenue fund to
help defray the cost to the state of collecting and distributing this tax.

5. The county tax shall be paid, county stamps or meter impressions shall
be affixed, records covering the business carried on in any county
adopting the tax herein provided shall be kept in Missouri, records shall
be subject to the examination of any authorized representative of the
director, and reports covering the county tax required by the director
shall be filed in the same manner as is provided by chapter 149, RSMo,
for the state cigarette tax; except, that the payment of the county tax
shall not be deferred and a two percent discount shall be given any
wholesaler for affixing stamps or making reports required by the director.

6. The director may make refunds or exchange county stamps or meter units
on unused county stamps or meter units or on county stamps or meter
impressions affixed to any packages of cigarettes which have become
unsalable in the same manner as is provided by chapter 149, RSMo, for the
refund or exchange of state cigarette tax stamps or meter units.

7. If after any audit, examination of records or other investigation the
director finds that any person has sold cigarettes in any county adopting
the cigarette tax herein provided, without county stamps or meter
impressions affixed thereto or that any person has failed to pay the
county tax on cigarettes sold in such counties, the director shall assess
such county tax against such person, together with a penalty equal to one
hundred percent of the county tax due and the tax and penalty thereon
shall bear interest at the rate of six percent per annum from the date
such cigarettes were sold in such county until the date of payment. The
county taxes and penalties assessed under this section shall be a first
lien on all property and assets of such person within this state.

8. No person, other than licensed wholesalers or other persons
specifically provided for in chapter 149, RSMo, shall possess for the
purpose of sale in any county adopting the tax herein provided, any
cigarettes to which stamps or meter impressions evidencing the county tax
are not affixed. Mere possession of unstamped packages of such cigarettes
shall be prima facie evidence that the cigarettes are intended for sale
in such county.

9. All cigarettes to which county stamps or meter impressions are not
affixed which shall be found in the possession, custody, or control of
any person, for the purpose of being consumed, sold or transported into,
within or through any county adopting the tax herein provided, for the
purpose of evading the provision of this section, or with intent to avoid
payment of the county tax authorized hereunder, and any motor vehicle,
truck or other conveyance whatsoever used in the transportation of such
cigarettes, and all paraphernalia, equipment or other tangible personal
property incident to the use of such purposes, found in the place,
building, vehicle, or vehicles where the cigarettes are found may be
seized by the director or his duly authorized agents, or any peace
officer within the state, and the same shall be, from the time of the
seizure, forfeited to the county of seizure and a proper proceeding filed
in a court of competent jurisdiction in the county of seizure, to
maintain the seizure and prosecute the forfeiture in the same manner as
is provided by section 149.055, RSMo, for the state cigarette tax.

10. The director of revenue of this state shall promulgate reasonable and
necessary regulations for the collection of this tax. No rule or portion
of a rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo.

11. Any person who commits any act or omission with regard to cigarettes
sold or intended to be sold in any county adopting the tax herein
provided; or with relation to stamps applied or intended to be applied to
cigarettes for sale in any such county, or with respect to records,
reports, or returns of sales made taxable under this section; which if
done with regard to cigarettes made taxable under chapter 149, RSMo, or
stamps or records prescribed thereunder, would be a violation of said
chapter, shall be guilty of a misdemeanor and upon conviction shall be
punished as provided by law.

12. The budget for the operation of such places of detention shall be
fixed by the circuit judges en banc in counties of the first class with
the greater part of a city of three hundred fifty thousand or more
population. Such budget shall be filed with the county commission or
other legislative authority at the same time as, and becomes a part of,
the budget of the circuit court en banc for the performance of its other
duties and functions. (RSMo 1939 § 9189, A.L. 1969 S.B. 241, A.L. 1976
S.B. 707, A.L. 1978 H.B. 1634, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)

Prior revisions: 1929 § 14849; 1919 § 13804; 1909 § 1711

As used in sections 210.481 to 210.536, unless the context
clearly requires otherwise, the following terms shall mean:

(1) "Child", any individual under eighteen years of age or in the custody
of the division;

(2) "Child placing agency", any person, other than the parents, who
places a child outside the home of the child's parents or guardian, or
advertises or holds himself forth as performing such services, but
excluding the attorney, physician, or* clergyman of the parents;

(3) "Division", the division of family services of the department of
social services of the state of Missouri;

(4) "Foster home", a private residence of one or more family members
providing twenty-four-hour care to one or more but less than seven
children who are unattended by parent or guardian and who are unrelated
to either foster parent by blood, marriage, or adoption;

(5) "Guardian", the person designated by a court of competent
jurisdiction as the "guardian of the person of a minor" or "guardian of
the person and conservator of the estate of a minor";

(6) "License", the document issued by the division in accordance with the
applicable provisions of sections 210.481 to 210.536 to a foster home,
residential care facility, or child placing agency which authorizes the
foster home, residential care facility, or child placing agency to
operate its program in accordance with the applicable provisions of
sections 210.481 to 210.536 and rules issued pursuant thereto;

(7) "Person", any individual, firm, corporation, partnership,
association, agency, or an incorporated or unincorporated organization,
regardless of the name used;

(8) "Provisional license", the document issued by the division in
accordance with the applicable provisions of sections 210.481 to 210.536
to a foster home, residential care facility, or child placing agency
which is not currently meeting requirements for full licensure;

(9) "Related", any of the following by blood, marriage, or adoption:
Parent, grandparent, brother, sister, half-brother, half-sister,
stepparent, stepbrother, stepsister, uncle, aunt, or first cousin;

(10) "Residential care facility", a facility providing twenty-four-hour
care in a group setting to children who are unrelated to the person
operating the facility and who are unattended by a parent or guardian.
(L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al.)

*Word "or" does not appear in original rolls.

1. If the emergency placement of a child in a private home is
necessary due to the unexpected absence of the child's parents, legal
guardian, or custodian, the juvenile court or children's division:

(1) May request that a local or state law enforcement agency or juvenile
officer, subject to any required federal authorization, immediately
conduct a name-based criminal history record check to include full orders
of protection and outstanding warrants of each person over the age of
seventeen residing in the home by using the Missouri uniform law
enforcement system (MULES) and the National Crime Information Center to
access the Interstate Identification Index maintained by the Federal
Bureau of Investigation; and

(2) Shall determine or, in the case of the juvenile court, shall request
the division to determine whether any person over the age of seventeen
years residing in the home is listed on the child abuse and neglect
registry.

For any children less than seventeen years of age residing in the home,
the children's division shall inquire of the person with whom an
emergency placement of a child will be made whether any children less
than seventeen years of age residing in the home have ever been certified
as an adult and convicted of or pled guilty or nolo contendere to any
crime.

2. If a name-based search has been conducted pursuant to subsection 1 of
this section, within fifteen business days after the emergency placement
of the child in the private home, and if the private home has not
previously been approved as a foster or adoptive home, all persons over
the age of seventeen residing in the home and all children less than
seventeen residing in the home who the division has determined have* been
certified as an adult for the commission of a crime, other than persons
within the second degree of consanguinity and affinity to the child,
shall report to a local law enforcement agency for the purpose of
providing two sets of fingerprints each and accompanying fees, pursuant
to section 43.530, RSMo. One set of fingerprints shall be used by the
highway patrol to search the criminal history repository and the second
set shall be forwarded to the Federal Bureau of Investigation for
searching the federal criminal history files. Results of the checks will
be provided to the juvenile court or children's division office
requesting such information. Any child placed in emergency placement in a
private home shall be removed immediately if any person residing in the
home fails to provide fingerprints after being requested to do so, unless
the person refusing to provide fingerprints ceases to reside in the
private home.

3. If the placement of a child is denied as a result of a name-based
criminal history check and the denial is contested, all persons over the
age of seventeen residing in the home and all children less than
seventeen years of age residing in the home who the division has
determined have* been certified as an adult for the commission of a crime
shall, within fifteen business days, submit to the juvenile court or the
children's division two sets of fingerprints in the same manner described
in subsection 2 of this section, accompanying fees, and written
permission authorizing the juvenile court or the children's division to
forward the fingerprints to the state criminal record repository for
submission to the Federal Bureau of Investigation. One set of
fingerprints shall be used by the highway patrol to search the criminal
history repository and the second set shall be forwarded to the Federal
Bureau of Investigation for searching the federal criminal history files.

4. Subject to appropriation, the total cost of fingerprinting required by
this section may be paid by the state, including reimbursement of persons
incurring fingerprinting costs under this section.

5. For the purposes of this section, "emergency placement" refers to
those limited instances when the juvenile court or children's division is
placing a child in the home of private individuals, including neighbors,
friends, or relatives, as a result of a sudden unavailability of the
child's primary caretaker. (L. 2004 H.B. 1453 merged with S.B. 762)

*Word "has" appears in original rolls.

Notwithstanding any other provision of law to the contrary, the
department of health and senior services shall license residential care
facilities, as defined in subdivision (10) of section 210.481. (L. 1993
H.B. 376 § 5)

1. Any owner or operator of a for-profit child-placing agency or
residential care facility licensed pursuant to sections 210.481 to
210.536, may be held civilly liable for any injury to another person or
damage to property which occurs outside such facility and is caused by a
child who is absent without authorization or approval from the facility
but who is in the care of such facility. Such civil liability shall be
determined in the same manner and amounts as provided for parents in
section 211.185, RSMo. Nothing in this section shall alter, impair or
otherwise affect other claims, rights or remedies available pursuant to
law.

2. The state of Missouri and any political subdivision thereof shall not
be subject to civil liability pursuant to subsection 1 of this section.
(L. 1999 H.B. 490 & H.B. 308)

1. No person shall operate or maintain a foster home,
residential care facility, or child placing agency without having in full
force and effect a valid license issued by the division or the department
of health and senior services as provided in section 210.484.

2. The division or the department of health and senior services as
provided in section 210.484 shall conduct an investigation of all
applicants and such investigation shall include examination of the
physical facility and investigation of persons responsible for the care
of, planning, and services for the children being served.

3. The division or the department of health and senior services as
provided in section 210.484 shall issue a license upon being satisfied
that the applicant complies with the applicable provisions of sections
210.481 to 210.536 and rules issued pursuant thereto.

4. The division or the department of health and senior services as
provided in section 210.484 shall initiate action on an application
within a reasonable time, which shall not exceed thirty days, from
receipt of the application.

5. The license shall be valid for a period not to exceed two years from
date of issuance.

6. The division or the department of health and senior services as
provided in section 210.484 may issue a provisional license to a foster
home, residential care facility, or child placing agency that is not
currently meeting requirements for full licensure but demonstrates the
potential capacity to meet full requirements for licensure; but no
provisional license shall be issued unless the director is satisfied that
the operation of the foster home, residential care facility, or child
placing agency so licensed is not detrimental to the health and safety of
the children being served. The provisional license shall be nonrenewable
and shall be valid for a period not to exceed six months from date of
issuance. (L. 1982 H.B. 1171, et al., A.L. 1993 H.B. 376)

1. When conducting investigations of persons for the purpose of
foster parent licensing, the division shall:

(1) Conduct a search for all persons over the age of seventeen in the
applicant's household and for any child less than seventeen years of age
residing in the applicant's home who the division has determined has been
certified as an adult for the commission of a crime for evidence of full
orders of protection. The office of state courts administrator shall
allow access to the automated court information system by the division.
The clerk of each court contacted by the division shall provide the
division information within ten days of a request; and

(2) Obtain two sets of fingerprints for any person over the age of
seventeen in the applicant's household and for any child less than
seventeen years of age residing in the applicant's home who the division
has determined has been certified as an adult for the commission of a
crime in the same manner set forth in subsection 2 of section 210.482.
One set of fingerprints shall be used by the highway patrol to search the
criminal history repository and the second set shall be forwarded to the
Federal Bureau of Investigation for searching the federal criminal
history files. The highway patrol shall assist the division and provide
the criminal fingerprint background information, upon request; and

(3) Determine whether any person over the age of seventeen residing in
the home and any child less than seventeen years of age residing in the
applicant's home who the division has determined has been certified as an
adult for the commission of a crime is listed on the child abuse and
neglect registry.

For any children less than seventeen years of age residing in the
applicant's home, the children's division shall inquire of the applicant
whether any children less than seventeen years of age residing in the
home have ever been certified as an adult and been convicted of or pled
guilty or nolo contendere to any crime.

2. Subject to appropriation, the total cost of fingerprinting required by
this section may be paid by the state, including reimbursement of persons
incurring fingerprinting costs under this section.

3. The division may make arrangements with other executive branch
agencies to obtain any investigative background information.

4. The division may promulgate rules that are necessary to implement the
provisions of this section. Any rule or portion of a rule, as that term
is defined in section 536.010, RSMo, that is created under the authority
delegated in this section shall become effective only if it complies with
and is subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date, or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2004, shall be invalid and void. (L.
2004 H.B. 1453 merged with S.B. 762)

1. The director of the division, or the director's authorized
representative, shall have the right to enter the premises of an
applicant for or holder of a license at reasonable hours to determine
compliance with the applicable provisions of sections 210.481 to 210.536
and rules promulgated pursuant thereto, and for investigative purposes
involving complaints regarding the operation of a foster home,
residential care facility, or child placing agency.

2. Whenever the division is advised or has reason to believe that any
person is operating a foster home, residential care facility, or child
placing agency subject to licensure under sections 210.481 to 210.536
without a license or provisional license, the division shall make an
investigation to ascertain the facts. If the division finds that the
foster home, residential care facility, or child placing agency is being
operated without a license or provisional license, it may seek injunctive
relief against the foster home, residential care facility, or child
placing agency. If a foster home, residential care facility or child
placing agency violates the provisions of sections 210.481 to 210.536,
the prosecuting attorney of the county where the foster home, residential
care facility or child placing agency is located, or the division, may
seek injunctive relief. Such injunctive relief may include:

(1) Removing the children from the foster home, residential care
facility, or child placing agency;

(2) Overseeing the operation of the foster home, residential care
facility, or child placing agency; or

(3) Closing the foster home, residential care facility, or child placing
agency.

3. The order provided for in subsection 2 of this section shall remain in
force until such a time as the court determines that the foster home,
residential care facility, or child placing agency is in substantial
compliance. (L. 1982 H.B. 1171, et al., A.L. 1997 H.B. 343)

CROSS REFERENCE: Application of law to adoption petitions filed on or
after August 28, 1997, RSMo 453.012

The division may refuse to issue either a license or a
provisional license to an applicant, or may suspend or revoke the license
or provisional license of a licensee, who:

(1) Fails consistently to comply with the applicable provisions of
sections 208.400 to 210.535 and the applicable rules promulgated
thereunder;

(2) Violates any of the provisions of its license;

(3) Violates state laws or rules relating to the protection of children;

(4) Furnishes or makes any misleading or false statements or reports to
the division;

(5) Refuses to submit to the division any reports or refuses to make
available to the division any records required by the division in making
an investigation;

(6) Fails or refuses to admit authorized representatives of the division
at any reasonable time for the purpose of investigation;

(7) Fails or refuses to submit to an investigation by the division;

(8) Fails to provide, maintain, equip, and keep in safe and sanitary
condition the premises established or used for the care of children being
served, as required by law, rule, or ordinance applicable to the location
of the foster home or residential care facility; or

(9) Fails to provide financial resources adequate for the satisfactory
care of and services to children being served and the upkeep of the
premises. (L. 1982 H.B. 1171, et al.)

Any parent or legal guardian may have access to investigation
records kept by the division regarding a decision for the denial of or
the suspension or revocation of a license to a specific person to operate
or maintain a foster home if such specific person does or may provide
services or care to a child of the person requesting the information. The
request for the release of such information shall be made to the division
director or the director's designee, in writing, by the parent or legal
guardian of the child and shall be accompanied with a signed and
notarized release form from the person who does or may provide care or
services to the child. The notarized release form shall include the full
name, date of birth and Social Security number of the person who does or
may provide care or services to a child. The response shall include
information pertaining to the nature and disposition of any denial,
suspension or revocation of a license to operate a foster home. This
response shall not include any identifying information regarding any
person other than the person to whom a foster home license was denied,
suspended or revoked. The response shall be given within ten working days
of the time it was received by the division. (L. 1997 S.B. 358)

1. Application for license shall be made on forms supplied by
the division and in the manner prescribed.

2. Each license shall state clearly the name of the foster home,
residential care facility, or child placing agency, its location, the
kind of program the licensee is permitted to undertake, and the number,
age range, and other pertinent information concerning children who may be
served. (L. 1982 H.B. 1171, et al.)

1. The division shall promulgate and publish rules in accordance
with this section and chapter 536, RSMo, for the licensing of foster
homes, residential care facilities, and child placing agencies. In
promulgating such rules the division shall consult with:

(1) Appropriate state agencies which are hereby directed to cooperate
with and assist the division;

(2) Representatives from the foster homes, residential care facilities,
and child placing agencies subject to licensure under sections 210.481 to
210.536; and

(3) Persons from the various professional fields relevant to the
licensing of the foster homes, residential care facilities, and child
placing agencies.

2. The rules so promulgated shall be designed to promote the health,
safety, and well-being of children served by the foster homes,
residential care facilities, and child placing agencies. No rule or
portion of a rule promulgated under the authority of sections 210.481 to
210.565 shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1982 H.B. 1171, et al., A.L.
1993 S.B. 52, A.L. 1995 S.B. 3)

The division shall offer technical assistance or consultation to
assist applicants for licensure, licensees, and holders of provisional
licenses in meeting license requirements, staff qualifications, and other
aspects involving the operation of a foster home, residential care
facility, or child placing agency, and to assist in the achievement of
programs of excellence related to the care of children being served. (L.
1982 H.B. 1171, et al.)

1. It shall be unlawful for any person to establish, maintain,
or operate a foster home, residential care facility, or child placing
agency, or to advertise or hold himself out as being able to perform any
of the services as defined in sections 210.481 to 210.536, without having
in full force and effect a license issued by the division; provided,
however, that nothing in sections 210.481 to 210.536 shall apply to:

(1) Any residential care facility operated by a person in which the care
provided is in conjunction with an educational program for which a
tuition is charged and completion of the program results in meeting
requirements for a diploma recognized by the state department of
elementary and secondary education;

(2) Any camp, hospital, sanitarium, or home which is conducted in good
faith primarily to provide recreation, medical treatment, or nursing or
convalescent care for children;

(3) Any person who receives free of charge, and not as a business, for
periods of time not exceeding ninety consecutive days, the child of
personal friends of such person as an occasional and personal guest, and
who receives custody of no other unrelated child;

(4) Any child placing agency operated by the department of mental health
or any foster home or residential care facility operated or licensed by
the department of mental health under sections 630.705 to 630.760, RSMo,
which provides care, treatment, and habilitation exclusively to children
who have a primary diagnosis of mental disorder, mental illness, mental
retardation or developmental disability, as defined in section 630.005,
RSMo;

(5) Any foster home arrangement established and operated by any
well-known religious order or church and any residential care facility or
child placement agency operated by such organization; or

(6) Any institution or agency maintained or operated by the state, city
or county.

2. The division shall not require any foster home, residential care
facility, or child placing agency which believes itself exempt from
licensure as provided in subsection 1 of this section to submit any
documentation in support of the claimed exemption; however said foster
home, residential care facility, or child placing agency is not precluded
from furnishing such documentation if it chooses to do so. (L. 1982 H.B.
1171, et al. §§ 210.516, 210.521)

1. The department of social services, the department of mental
health, the department of elementary and secondary education and all
subdivisions thereof shall develop and implement through interagency
agreement a common system of classification for assessing the needs of a
child and common terminology to describe the services to be provided to
the child. The agreement must establish a standardized form and set of
records to be kept for such children which shall include, if applicable
to such child, any individualized education plan, diagnostic summary,
school history, school records, medical history, court records, placement
orders and any criminal history. The agreement shall be adopted and in
effect on or before July 1, 1999.

2. To facilitate the coordination of services being provided to children,
interagency meetings pursuant to subsection 1 of this section shall be
held as frequently as appropriate to address and review any actions being
taken by agency personnel involved in the provision of services to a
child and to ensure the existence of a continuation of services to
prevent and treat child abuse and neglect, evaluate data, policy, and
practices, and assure the quality of services provided to children. The
agencies shall document which staff members attended such meetings. If
any services for the child are provided through contracted providers,
such providers shall be included in the meetings described in this
section. (L. 1998 H.B. 1683, A.L. 2004 H.B. 1453)

1. The division may designate to act for it a licensed child
placing agency to inspect and recommend for licensure foster homes and
prospective foster homes either utilized by or to be utilized by that
child placing agency.

2. The division may designate to act for it an instrumentality of any
political subdivision of the state of Missouri deemed by the division to
be competent to assist in investigating and inspecting licensees and
applicants for license. (L. 1982 H.B. 1171, et al. § 210.526)

1. Any person aggrieved by a final decision of the division made
in the administration of sections 210.481 to 210.536 shall be entitled to
judicial review as provided in chapter 536, RSMo.

2. The division shall establish a grievance procedure which shall be
available to licensees under sections 210.481 to 210.536 and shall inform
all licensees of that procedure in writing. (L. 1982 H.B. 1171, et al. §
210.531)

Any person who violates any applicable provision of sections
210.481 to 210.536, or who for himself or for any other person makes
materially false statements in order to obtain a license or the renewal
thereof shall be guilty of a class A misdemeanor. In case such guilty
person be a corporation, association, institution, or society, the
officers thereof who participate in the activity shall upon conviction be
subject to the penalties provided by law. (L. 1982 H.B. 1171, et al. §
210.536 subsec. 1)

The department of social services shall:

(1) Submit amendments to state plans and seek available waivers from the
federal Department of Health and Human Services to enhance federal
reimbursement and federal administrative reimbursement for foster care
and adoption assistance under Title IV-E of the Social Security Act and
Title XIX of the Social Security Act; and

(2) Take the necessary steps to qualify the state for receipt of any
federal block grant moneys which are or will be available for foster care
and adoption assistance. (L. 2004 H.B. 1453)

1. The cost of foster care shall be paid by the division of
family services pursuant to chapter 207, RSMo, except that the court
shall evaluate the ability of parents to pay part or all of the cost for
such care, and shall order such payment to the department of social
services.

2. The court may effectuate such order against any asset of the parent
for failure to provide part or all of the cost of foster care according
to the court order; provided further, that any assignment, attachment,
garnishment, or lien against such assets shall be served upon the person
in possession of the assets or shall be recorded in the office of the
recorder of deeds in the county in which the parent resides or in which
the asset is located. The department of social services may contract on a
contingency fee basis with private attorneys for the collection and
enforcement of orders against such assets. Any such third party payment
shall be paid directly to the department of social services. (L. 1982
H.B. 1171, et al. § 210.536 subsec. 2, 3)

The division of family services shall cooperate with and shall
help promote foster parent associations in each county. The division of
family services shall provide county foster parent associations with
data, information and guidelines on the obligations, responsibilities and
opportunities of foster parenting and shall keep the associations and
members apprised of changes in laws and regulations relevant to foster
parenting. (L. 1990 H.B. 1370, et al. § 8)

1. The children's division shall provide certain standards and
training that prospective foster care parents shall meet before becoming
licensed.

2. The children's division shall provide performance-based criteria for
the evaluation of licensed foster parents and may establish by rule the
frequency of such evaluation. (L. 2004 H.B. 1453 merged with S.B. 762)

The division of family services shall train and license a
separate category of foster parents who are able to provide special care
and supervision to foster children who have special needs because of a
history of sexual abuse, serious physical abuse, or severe chronic
neglect. The training received by such specialized foster parents shall
be in addition to the training required in section 210.540. Fiscal
incentives for training and/or longevity may be provided by the division,
subject to appropriation. The division shall place foster children with
such specialized foster parents subject to available funds. (L. 1987 S.B.
244)

1. The division of family services shall establish reasonably
accessible respite care facilities which may be utilized by foster
parents licensed by the division. Such licensed foster parents shall be
permitted to leave agency foster children in the respite care facilities
for periods of time determined jointly by the foster parent and the
division and subject to available funds.

2. Such respite care facilities may be licensed day care centers or
residential treatment centers who have contracted with the division to
provide such services. Licensed foster homes may also be designated as
respite care facilities.

3. The division of family services shall promulgate rules and regulations
necessary to implement the provisions of this section. No rule or portion
of a rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of
section 536.024, RSMo. (L. 1987 S.B. 244, A.L. 1993 S.B. 52, A.L. 1995
S.B. 3)

The division of family services shall, by January 1, 1988,
develop a procedure by which foster parents may appeal adverse decisions
affecting their rights made by the division. Such procedure shall be
mutually agreed upon by the division and an organization of foster
parents with whom they shall consult. (L. 1987 S.B. 244 § 3)

1. As used in this section, the following terms shall mean:

(1) "Child", any child placed in the legal custody of the division under
chapter 211, RSMo;

(2) "Division", the division of family services of the department of
social services of the state of Missouri;

(3) "Money", any legal tender, note, draft, certificate of deposit,
stocks, bond or check;

(4) "Vested right", a legal right that is more than a mere expectancy and
may be reduced to a present monetary value.

2. The child, the child's parents, any fiduciary or any representative
payee holding or receiving money that are vested rights solely for or on
behalf of a child are jointly and severally liable for funds expended by
the division to or on behalf of the child. The liability of any person,
except a parent of the child, shall be limited to the money received in
his fiduciary or representative capacity. The Missouri state government
shall not require a trustee or a financial institution acting as a
trustee to exercise any discretionary powers in the operation of a trust.

3. The division may accept an appointment to serve as representative
payee or fiduciary, or in a similar capacity for payments to a child
under any public or private benefit arrangement. Money so received shall
be governed by this section to the extent that laws and regulations
governing payment of such benefits provide otherwise.

4. Any money received by the division on behalf of a child shall be
accounted for in the name of the child. Any money in the account of a
child may be expended by the division for care or services for the child.
The division shall by rule adopted under chapter 536, RSMo, establish
procedures for the accounting of the money and the protection of the
money against theft, loss or misappropriation.

5. The division shall deposit money with a financial institution. Any
earnings attributable to the money in the account of a child shall be
credited to that child's account. The division shall receive bids from
banking corporations, associations or trust companies which desire to be
selected as depositories of children's moneys for the division.

6. The division may accept funds which a parent, guardian or other person
wishes to provide for the use or benefit of the child. The use and
deposit of such funds shall be governed by this section and any
additional directions given by the provider of the funds.

7. Each child for whose benefit funds have been received by the division
and the guardian ad litem of such child shall be furnished annually with
a statement listing all transactions involving the funds which have been
deposited on the child's behalf, to include each receipt and disbursement.

8. The division shall use all proper diligence to dispose of the balance
of money accumulated in the child's account when the child is released
from the care and custody of the division or the child dies. When the
child is deceased the balance shall be disposed of as provided by law for
descent and distribution. If, after the division has diligently used such
methods and means as considered reasonable to refund such funds, there
shall remain any money, the owner of which is unknown to the division, or
if known, cannot be located by the division, in each and every such
instance such money shall escheat and vest in the state of Missouri, and
the director and officials of the division shall pay the same to the
state director of the department of revenue, taking a receipt therefor,
who shall deposit the money in the state treasury to be credited to a
fund to be designated as "escheat".

9. Within five years after money has been paid into the state treasury,
any person who appears and claims the money may file a petition in the
circuit court of Cole County, Missouri, stating the nature of the claim
and praying that such money be paid to him. A copy of the petition shall
be served upon the director of the department of revenue who shall file
an answer to the same. The court shall proceed to examine the claim and
the allegations and proof, and if it finds that such person is entitled
to any money so paid into the state treasury, it shall order the
commissioner of administration to issue a warrant on the state treasurer
for the amount of such claim, but without interest or costs. A certified
copy of the order shall be sufficient voucher for issuing a warrant;
provided, that either party may appeal from the decision of the court in
the same manner as provided by law in other civil actions.

10. All moneys paid into the state treasury under the provisions of this
section after remaining there unclaimed for five years shall escheat and
vest absolutely in the state and be credited to the state treasury, and
all persons shall be forever barred and precluded from setting up title
or claim to any such funds.

11. Nothing in this section shall be deemed to apply to funds regularly
due the state of Missouri for the support and maintenance of children in
the care and custody of the division or collected by the state of
Missouri as reimbursement for state funds expended on behalf of the
child. (L. 1987 S.B. 244 § 4)

1. Whenever a child is placed in a foster home and the court has
determined pursuant to subsection 3 of this section that foster home
placement with relatives is not contrary to the best interest of the
child, the children's division shall give foster home placement to
relatives of the child. Notwithstanding any rule of the division to the
contrary, grandparents who request consideration shall be given
preference and first consideration for foster home placement.

2. As used in this section, the term "relative" means a person related to
another by blood or affinity within the third degree. The status of a
grandparent shall not be affected by the death or the dissolution of the
marriage of a son or daughter.

3. The preference for placement with relatives created by this section
shall only apply where the court finds that placement with such relatives
is not contrary to the best interest of the child considering all
circumstances. If the court finds that it is contrary to the best
interest of a child to be placed with relatives, the court shall make
specific findings on the record detailing the reasons why the best
interests of the child necessitate placement of the child with persons
other than relatives.

4. The age of the child's relative shall not be the only factor that the
children's division takes into consideration when it makes placement
decisions and recommendations to the court about placing the child with
such relative.

5. For any Native American child placed in protective custody, the
children's division shall comply with the placement requirements set
forth in 25 U.S.C. Section 1915. (L. 1990 H.B. 1370, et al., A.L. 1994
H.B. 1547 & 961, A.L. 2004 H.B. 1453 merged with S.B. 762)

1. The division of family services and its contractors shall
treat foster parents with courtesy, respect and consideration. Foster
parents shall treat the children in their care, the child's birth family
and members of the child welfare team with courtesy, respect and
consideration.

2. (1) The division of family services and its contractors shall provide
foster parents with training, preservice and inservice, and support. The
division of family services and its contractors shall share all pertinent
information about the child and the child's family, including but not
limited to, the case plan with the foster parents to assist in
determining if a child would be a proper placement. The division of
family services and its contractors shall inform the foster parents of
issues relative to the child that may jeopardize the health or safety of
the foster family. The division of family services and its contractors
shall arrange preplacement visits, except in emergencies. The foster
parents may ask questions about the child's case plan, encourage a
placement or refuse a placement without reprisal from the caseworker or
agency. After a placement, the division of family services shall update
the foster parents as new information about the child is gathered. Foster
parents shall be informed of upcoming meetings and staffings, and shall
be allowed to participate, consistent with section 210.761. The division
of family services shall establish reasonably accessible respite care for
children in foster care for short periods of time, jointly determined by
foster parents and the child's caseworker pursuant to section 210.545.

(2) Foster parents shall treat all information received from the division
of family services about the child and the child's family as
confidential. Foster parents may share information they may learn about
the child and the child's family with the caseworker and other members of
the child welfare team. Recognizing that placement changes are difficult
for children, foster parents shall seek all necessary information, and
participate in preplacement visits, before deciding whether to accept a
child for placement. Foster parents shall follow all procedures defined
by the division of family services for requesting and using respite care.

3. (1) Foster parents shall make decisions about the daily living
concerns of the child, and shall be permitted to continue the practice of
their own family values and routines while respecting the child's
cultural heritage. All discipline shall be consistent with state laws and
regulations. The division of family services shall allow foster parents
to help plan visitation between the child and the child's biological
family.

(2) Foster parents shall provide care that is respectful of the child's
cultural identity and needs. Foster parents shall recognize that the
purpose of discipline is to teach and direct the behavior of the child,
and ensure that it is administered in a humane and sensitive manner.
Recognizing that visitation with family members is an important right,
foster parents shall be flexible and cooperative in regard to family
visits.

4. (1) Consistent with state laws and regulations, the state may provide,
upon request by the foster parents, information about a child's progress
after the child leaves foster care. Except in emergencies, foster parents
shall be given advance notice consistent with division policy, and a
written statement of the reasons before a child is removed from their
care. If a child reenters the foster care system, the child's foster
parents shall be considered as a placement option. If a child becomes
free for adoption while in foster care, the child's foster family shall
be given preferential consideration as adoptive parents consistent with
section 453.070, RSMo.

(2) Confidentiality rights of the child and the child's parents shall be
respected and maintained. Foster parents shall inform the child's
caseworker of their interest if a child reenters the system. If a foster
child becomes free for adoption and the foster parents desire to adopt
the child, they shall inform the caseworker in a timely manner. If they
do not choose to pursue adoption, foster parents shall make every effort
to support and encourage the child's placement in a permanent home. When
requesting removal of a child from their home, foster parents shall give
reasonable advance notice, consistent with division policy, to the
child's caseworker, except in emergency situations.

5. (1) Foster parents shall be informed by the court in a timely manner
of all court hearings pertaining to a child in their care, and informed
of their right to attend and participate, consistent with section
211.464, RSMo.

(2) Foster parents shall share any concerns regarding the case plan for a
child in their care with the child's caseworker, as well as other members
of the child welfare team, in a timely manner.

6. Foster parents shall have timely access to the child placement
agency's appeals process, and shall be free from acts of retaliation when
exercising the right to appeal.

7. Foster parents shall know and follow the policies of the division of
family services, including the appeals procedure.

8. For purposes of this section, "foster parent" means a resource family
providing care of children in state custody. (L. 2002 S.B. 923, et al.)

1. In a county of the first classification with a population of
at least two hundred thousand that adjoins no other counties of the first
classification, the governing body of the county after an affirmative
vote pursuant to subsection 2 of this section, may establish within the
county a "Juvenile Offender Regimented Discipline Program", to be known
as the "Juvenile Offender Boot Camp of .......... County". After
establishment of such a program within any county of the first
classification, the juvenile court of the circuit may, notwithstanding
any provision of chapter 211, RSMo, commit any person to such program for
a duration to be determined by the court, but not to exceed the time
which the juvenile court retains jurisdiction over such person.
Commitments to the program shall be reserved for persons subject to the
jurisdiction of the juvenile court who have been adjudicated or found to
have committed an act which would constitute a felony if committed by an
adult, or persons subject to the jurisdiction of the juvenile court who,
in the determination of the court, would benefit from a commitment to the
program.

2. No county of the first classification shall establish a regimented
discipline program pursuant to this section until the establishment of
such a program has been approved by a majority of the voters of the
county voting thereon. The question may be submitted in substantially the
following form:

"Shall the county of ......... establish a regimented discipline program,
to be known as the "Juvenile Offender Boot Camp of ......... County", for
the treatment and rehabilitation of juvenile delinquents?"

[ ] YES [ ] NO

3. If a majority of the voters voting thereon are in favor of the
proposal submitted pursuant to subsection 2 of this section, the county
commission may establish the program. If a majority of the voters voting
thereon are not in favor of the proposal submitted pursuant to subsection
2 of this section, the county commission shall not establish the program
and shall not resubmit the question to the voters of the county for a
period of at least one year after the date of such election.

4. Any regimented discipline program established pursuant to this section
may be modeled after the regimented discipline program administered by
the department of corrections pursuant to section 217.378, RSMo. (L. 1995
S.B. 347 § 1)

Within sixty days after sections 210.570 to 210.600 become
effective, the governor, by and with the advice and consent of the
senate, shall appoint three commissioners to enter into a compact on
behalf of the state of Missouri with other states. If the senate is not
in session at the time for making such appointments, the governor shall
make temporary appointments as in the case of a vacancy. Any two of the
commissioners so appointed together with the attorney general of the
state of Missouri may act to enter into the following compact:

INTERSTATE COMPACT ON JUVENILES The contracting states solemnly agree:

ARTICLE I

That juveniles who are not under proper supervision and control, or who
have absconded, escaped or run away, are likely to endanger their own
health, morals and welfare, and the health, morals and welfare of others.
The cooperation of the states party to this compact is therefore
necessary to provide for the welfare and protection of juveniles and of
the public with respect to (1) cooperative supervision of delinquent
juveniles on probation or parole; (2) the return, from one state to
another, of delinquent juveniles who have escaped or absconded; (3) the
return, from one state to another, of nondelinquent juveniles who have
run away from home; and (4) additional measures for the protection of
juveniles and of the public, which any two or more of the party states
may find desirable to undertake cooperatively. In carrying out the
provisions of this compact the party states shall be guided by the
noncriminal, reformative and protective policies which guide their laws
concerning delinquent, neglected or dependent juveniles generally. It
shall be the policy of the states party to this compact to cooperative
and observe their respective responsibilities for the prompt return and
acceptance of juveniles and delinquent juveniles who become subject to
the provisions of this compact. The provisions of this compact shall be
reasonably and liberally construed to accomplish the foregoing purposes.

ARTICLE II

That all remedies and procedures provided by this compact shall be in
addition to and not in substitution for other rights, remedies and
procedures, and shall not be in derogation of parental rights and
responsibilities.

ARTICLE III

That, for the purposes of this compact, "delinquent juvenile" means any
juvenile who has been adjudged delinquent and who, at the time the
provisions of this compact are invoked, is still subject to the
jurisdiction of the court that has made such adjudication or to the
jurisdiction or supervision of an agency or institution pursuant to an
order of such court; "probation or parole" means any kind of conditional
release of juveniles authorized under the laws of the states party
hereto; "court" means any court having jurisdiction over delinquent,
neglected or dependent children; "state" means any state, territory or
possession of the United States, the District of Columbia, and the
Commonwealth of Puerto Rico; and "residence" or any variant thereof means
a place at which a home or regular place of abode is maintained.

ARTICLE IV

(a) That the parent, guardian, person or agency entitled to legal custody
of a juvenile who has not been adjudged delinquent but who has run away
without the consent of such parent, guardian, person or agency may
petition the appropriate court in the demanding state for the issuance of
a requisition for his return. The petition shall state the name and age
of the juvenile, the name of the petitioner and the basis of entitlement
to the juvenile's custody, the circumstances of his running away, his
location if known at the time application is made, and such other facts
as may tend to show that the juvenile who has run away is endangering his
own welfare or the welfare of others and is not an emancipated minor. The
petition shall be verified by affidavit, shall be executed in duplicate,
and shall be accompanied by two certified copies of the document or
documents on which the petitioner's entitlement to the juvenile's custody
is based, such as birth certificates, letters of guardianship, or custody
decrees. Such further affidavits and other documents as may be deemed
proper may be submitted with such petition. The judge of the court to
which this application is made may hold a hearing thereon to determine
whether for the purposes of this compact the petitioner is entitled to
the legal custody of the juvenile, whether or not it appears that the
juvenile has in fact run away without consent, whether or not he is an
emancipated minor, and whether or not it is in the best interest of the
juvenile to compel his return to the state. If the judge determines,
either with or without a hearing, that the juvenile should be returned,
he shall present to the appropriate court or to the executive authority
of the state where the juvenile is alleged to be located a written
requisition for the return of such juvenile. Such requisition shall set
forth the name and age of the juvenile, the determination of the court
that the juvenile has run away without the consent of a parent, guardian,
person or agency entitled to his legal custody, and that it is in the
best interest and for the protection of such juvenile that he be
returned. In the event that a proceeding for the adjudication of the
juvenile as a delinquent, neglected or dependent juvenile is pending in
the court at the time when such juvenile runs away, the court may issue a
requisition for the return of such juvenile upon its own motion,
regardless of the consent of the parent, guardian, person or agency
entitled to legal custody, reciting therein the nature and circumstances
of the pending proceeding. The requisition shall in every case be
executed in duplicate and shall be signed by the judge. One copy of the
requisition shall be filed with the compact administrator of the
demanding state, there to remain on file subject to the provisions of law
governing records of such court. Upon the receipt of a requisition
demanding the return of a juvenile who has run away, the court or the
executive authority to whom the requisition is addressed shall issue an
order to any peace officer or other appropriate person directing him to
take into custody and detain such juvenile. Such detention order must
substantially recite the facts necessary to the validity of its issuance
hereunder. No juvenile detained upon such order shall be delivered over
to the officer whom the court demanding him shall have appointed to
receive him, unless he shall first be taken forthwith before a judge of a
court in the state, who shall inform him of the demand made for his
return, and who may appoint counsel or guardian ad litem for him. If the
judge of such court shall find that the requisition is in order, he shall
deliver such juvenile over to the officer whom the court demanding him
shall have appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the legality of
the proceeding.

Upon reasonable information that a person is a juvenile who has run away
from another state party to this compact without the consent of a parent,
guardian, person or agency entitled to his legal custody, such juvenile
may be taken into custody without a requisition and brought forthwith
before a judge of the appropriate court who may appoint counsel or
guardian ad litem for such juvenile and who shall determine after a
hearing whether sufficient cause exists to hold the person, subject to
the order of the court, for his own protection and welfare, for such a
time not exceeding ninety days as will enable his return to another state
party to this compact pursuant to a requisition for his return from a
court of that state. If, at the time when a state seeks the return of a
juvenile who has run away, there is pending in the state wherein he is
found any criminal charge, or any proceeding to have him adjudicated a
delinquent juvenile for an act committed in such state, or if he is
suspected of having committed within such state a criminal offense or an
act of juvenile delinquency, he shall not be returned without the consent
of such state until discharged from prosecution or other form of
proceeding, imprisonment, detention or supervision for such offense or
juvenile delinquency. The duly accredited officers of any state party to
this compact, upon the establishment of their authority and the identity
of the juvenile being returned, shall be permitted to transport such
juvenile through any and all states party to this compact, without
interference. Upon his return to the state from which he ran away, the
juvenile shall be subject to such further proceedings as may be
appropriate under the laws of that state.

(b) That the state to which a juvenile is returned under this Article
shall be responsible for payment of the transportation costs of such
return.

(c) That "juvenile" as used in this Article means any person who is a
minor under the law of the state of residence of the parent, guardian,
person or agency entitled to the legal custody of such minor.

ARTICLE V

(a) That the appropriate person or authority from whose probation or
parole supervision a delinquent juvenile has absconded or from whose
institutional custody he has escaped shall present to the appropriate
court or to the executive authority of the state where the delinquent
juvenile is alleged to be located a written requisition for the return of
such delinquent juvenile. Such requisition shall state the name and age
of the delinquent juvenile, the particulars of his adjudication as a
delinquent juvenile, the circumstances of the breach of the terms of his
probation or parole or of his escape from an institution or agency vested
with his legal custody or supervision, and the location of such
delinquent juvenile, if known, at the time the requisition is made. The
requisition shall be verified by affidavit, shall be executed in
duplicate, and shall be accompanied by two certified copies of the
judgment, formal adjudication, or order of commitment which subjects such
delinquent juvenile to probation or parole or to the legal custody of the
institution or agency concerned. Such further affidavits and other
documents as may be deemed proper may be submitted with such requisition.
One copy of the requisition shall be filed with the compact administrator
of the demanding state, there to remain on file subject to the provisions
of law governing records of the appropriate court. Upon the receipt of a
requisition demanding the return of a delinquent juvenile who has
absconded or escaped, the court or the executive authority to whom the
requisition is addressed shall issue an order to any peace officer or
other appropriate person directing him to take into custody and detain
such delinquent juvenile. Such detention order must substantially recite
the facts necessary to the validity of the issuance hereunder. No
delinquent juvenile detained upon such order shall be delivered over to
the officer whom the appropriate person or authority demanding him shall
have appointed to receive him, unless he shall first be taken forthwith
before a judge of an appropriate court in the state, who shall inform him
of the demand made for his return and who may appoint counsel or guardian
ad litem for him. If the judge of such court shall find that the
requisition is in order, he shall deliver such delinquent juvenile over
to the officer whom the appropriate person or authority demanding him
shall have appointed to receive him. The judge, however, may fix a
reasonable time to be allowed for the purpose of testing the legality of
the proceeding.

Upon reasonable information that a person is a delinquent juvenile who
has absconded while on probation or parole, or escaped from an
institution or agency vested with his legal custody or supervision in any
state party to this compact, such person may be taken into custody in any
other state party to this compact without a requisition. But in such
event, he must be taken forthwith before a judge of the appropriate
court, who may appoint counsel or guardian ad litem for such person and
who shall determine, after a hearing, whether sufficient cause exists to
hold the person subject to the order of the court for such a time, not
exceeding ninety days, as will enable his detention under a detention
order issued on a requisition pursuant to this Article. If, at the time
when a state seeks the return of a delinquent juvenile who has either
absconded while on probation or parole or escaped from an institution or
agency vested with his legal custody or supervision, there is pending in
the state wherein he is detained any criminal charge or any proceeding to
have him adjudicated a delinquent juvenile for an act committed in such
state, or if he is suspected of having committed within such state a
criminal offense or an act of juvenile delinquency, he shall not be
returned without the consent of such state until discharged from
prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The duly accredited
officers of any state party to this compact, upon the establishment of
their authority and the identity of the delinquent juvenile being
returned, shall be permitted to transport such delinquent juvenile
through any and all states party to this compact, without interference.
Upon his return to the state from which he escaped or absconded, the
delinquent juvenile shall be subject to such further proceedings as may
be appropriate under the laws of that state.

(b) That the state to which a delinquent juvenile is returned under this
Article shall be responsible for payment of the transportation costs of
such return.

ARTICLE VI

That any delinquent juvenile who has absconded while on probation or
parole, or escaped from an institution or agency vested with his legal
custody or supervision in any state party to this compact, and any
juvenile who has run away from any state party to this compact, who is
taken into custody without a requisition in another state party to this
compact under the provisions of Article IV(a) or of Article V(a), may
consent to his immediate return to the state from which he absconded,
escaped or ran away. Such consent shall be given by the juvenile or
delinquent juvenile and his counsel or guardian ad litem if any, by
executing or subscribing a writing, in the presence of a judge of the
appropriate court, which states that the juvenile or delinquent juvenile
and his counsel or guardian ad litem, if any, consent to his return to
the demanding state. Before such consent shall be executed or subscribed,
however, the judge, in the presence of counsel or guardian ad litem, if
any, shall inform the juvenile or delinquent juvenile of his rights under
this compact. When the consent has been duly executed, it shall be
forwarded to and filed with the compact administrator of the state in
which the court is located and the judge shall direct the officer having
the juvenile or delinquent juvenile in custody to deliver him to the duly
accredited officer or officers of the state demanding his return, and
shall cause to be delivered to such officer or officers a copy of the
consent. The court may, however, upon the request of the state to which
the juvenile or delinquent juvenile is being returned, order him to
return unaccompanied to such state and shall provide him with a copy of
such court order; in such event a copy of the consent shall be forwarded
to the compact administrator of the state to which said juvenile or
delinquent juvenile is ordered to return.

ARTICLE VII

(a) That the duly constituted judicial and administrative authorities of
a state party to this compact (herein called "sending state") may permit
any delinquent juvenile within such state, placed on probation or parole,
to reside in any other state party to this compact (herein called
"receiving state") while on probation or parole, and the receiving state
shall accept such delinquent juvenile, if the parent, guardian or person
entitled to the legal custody of such delinquent juvenile is residing or
undertakes to reside within the receiving state. Before granting such
permission, opportunity shall be given to the receiving state to make
such investigations as it deems necessary. The authorities of the sending
state shall send to the authorities of the receiving state copies of
pertinent court orders, social case studies and all other available
information which may be of value to and assist the receiving state in
supervising a probationer or parolee under this compact. A receiving
state, in its discretion, may agree to accept supervision of a
probationer or parolee in cases where the parent, guardian or person
entitled to the legal custody of the delinquent juvenile is not a
resident of the receiving state, and if so accepted the sending state may
transfer supervision accordingly.

(b) That each receiving state will assume the duties of visitation and of
supervision over any such delinquent juvenile and in the exercise of
those duties will be governed by the same standards of visitation and
supervision that prevail for its own delinquent juveniles released on
probation or parole.

(c) That, after consultation between the appropriate authorities of the
sending state and of the receiving state as to the desirability and
necessity of returning such a delinquent juvenile, the duly accredited
officers of a sending state may enter a receiving state and there
apprehend and retake any such delinquent juvenile on probation or parole.
For that purpose, no formalities will be required, other than
establishing the authority of the officer and the identity of the
delinquent juvenile to be retaken and returned. The decision of the
sending state to retake a delinquent juvenile on probation or parole
shall be conclusive upon and not reviewable within the receiving state,
but if, at the time the sending state seeks to retake a delinquent
juvenile on probation or parole, there is pending against him within the
receiving state any criminal charge or any proceeding to have him
adjudicated a delinquent juvenile for any act committed in such state, or
if he is suspected of having committed within such state a criminal
offense or an act of juvenile delinquency, he shall not be returned
without the consent of the receiving state until discharged from
prosecution or other form of proceeding, imprisonment, detention or
supervision for such offense or juvenile delinquency. The duly accredited
officers of the sending state shall be permitted to transport delinquent
juveniles being so returned through any and all states party to this
compact, without interference.

(d) That the sending state shall be responsible under this Article for
paying the costs of transporting any delinquent juvenile to the receiving
state or of returning any delinquent juvenile to the sending state.

ARTICLE VIII

(a) That the provisions of Articles IV(b), V(b) and VII(d) of this
compact shall not be construed to alter or affect any internal
relationship among the departments, agencies and officers of and in the
government of a party state, or between a party state and its
subdivisions, as to the payment of costs, or responsibilities therefor.

(b) That nothing in this compact shall be construed to prevent any party
state or subdivision thereof from asserting any right against any person,
agency or other entity in regard to costs for which such party state or
subdivision thereof may be responsible pursuant to Articles IV(b), V(b)
or VII(d) of this compact.

ARTICLE IX

That, to every extent possible, it shall be the policy of states party to
this compact that no juvenile or delinquent juvenile shall be placed or
detained in any prison, jail or lockup nor be detained or transported in
association with criminal, vicious or dissolute persons.

ARTICLE X

That the duly constituted administrative authorities of a state party to
this compact may enter into supplementary agreements with any other state
or states party hereto for the cooperative care, treatment and
rehabilitation of delinquent juveniles whenever they shall find that such
agreements will improve the facilities or programs available for such
care, treatment and rehabilitation. Such care, treatment and
rehabilitation may be provided in an institution located within any state
entering into such supplementary agreement. Such supplementary agreements
shall (1) provide the rates to be paid for the care, treatment and
custody of such delinquent juveniles, taking into consideration the
character of facilities, services and subsistence furnished; (2) provide
that the delinquent juvenile shall be given a court hearing prior to his
being sent to another state for care, treatment and custody; (3) provide
that the state receiving such a delinquent juvenile in one of its
institutions shall act solely as agent for the state sending such
delinquent juvenile; (4) provide that the sending state shall at all
times retain jurisdiction over delinquent juveniles sent to an
institution in another state; (5) provide for reasonable inspection of
such institutions by the sending state; (6) provide that the consent of
the parent, guardian, person or agency entitled to the legal custody of
said delinquent juvenile shall be secured prior to his being sent to
another state; and (7) make provision for such other matters and details
as shall be necessary to protect the rights and equities of such
delinquent juveniles and of the cooperating states.

ARTICLE XI

That any state party to this compact may accept any and all donations,
gifts and grants of money, equipment and services from the federal or any
local government, or any agency thereof and from any person, firm or
corporation, for any of the purposes and functions of this compact, and
may receive and utilize the same subject to the terms, conditions and
regulations governing such donations, gifts and grants.

ARTICLE XII

That the governor of each state party to this compact shall designate an
officer who, acting jointly with like officers of other party states,
shall promulgate rules and regulations to carry out more effectively the
terms and provisions of this compact.

ARTICLE XIII

That this compact shall become operative immediately upon its execution
by any state as between it and any other state or states so executing.
When executed it shall have the full force and effect of law within such
state, the form of execution to be in accordance with the laws of the
executing state.

ARTICLE XIV

That this compact shall continue in force and remain binding upon each
executing state until renounced by it. Renunciation of this compact shall
be by the same authority which executed it, by sending six months' notice
in writing of its intention to withdraw from the compact to the other
states party hereto. The duties and obligations of a renouncing state
under Article VII hereof shall continue as to parolees and probationers
residing therein at the time of withdrawal until retaken or finally
discharged. Supplementary agreements entered into under Article X hereof
shall be subject to renunciation as provided by such supplementary
agreements, and shall not be subject to the six months' renunciation
notice of the present Article.

ARTICLE XV

That the provisions of this compact shall be severable and if any phrase,
clause, sentence or provision of this compact is declared to be contrary
to the constitution of any participating state or of the United States or
the applicability thereof to any government, agency, person or
circumstance is held invalid, the validity of the remainder of this
compact and the applicability thereof to any government, agency, person
or circumstance shall not be affected thereby. If this compact shall be
held contrary to the constitution of any state participating therein, the
compact shall remain in full force and effect as to the remaining states
and in full force and effect as to the state affected as to all severable
matters. (L. 1955 p. 675 § 1)

The compact shall become binding upon the state of Missouri when
signed by the commissioners as herein provided and by the proper
authorities of any other state entering into the compact. (L. 1955 p. 675
§ 2)

All courts, departments of the state and its political
subdivisions, police and law enforcement agencies and other proper
officers of the state and its political subdivisions shall cooperate with
the compact administration and shall do all things appropriate to effect
the purposes and intent of the compact which rightfully fall within their
respective jurisdictions. (L. 1955 p. 675 § 3a)

The term "delinquent juvenile" as used in the interstate compact
on juveniles includes those persons subject to the jurisdiction of the
juvenile court within the meaning of subdivisions (1) and (2) of section
211.031, RSMo. (L. 1959 S.B. 4)

The commission shall have power to apply to the Congress of the
United States for its consent and approval of the compact; but in the
absence of such consent of Congress and until the same shall have been
secured, the compact shall be binding upon the state of Missouri in all
respects permitted by law for the signatory states without the consent of
Congress to cooperate, for the purposes enumerated in the compact, and in
the manner provided therein. (L. 1955 p. 675 § 4)

1. This section shall provide remedies, and shall be binding
only as among and between those party states which specifically adopt a
similar section.

2. All provisions and procedures of article V and article VI of section
210.570 shall be construed to apply to any juvenile charged with being a
delinquent by reason of violating any criminal law which constitutes a
felony. Any juvenile charged with being a delinquent by reason of
violating any criminal law which constitutes a felony shall be returned
to the requesting state upon a requisition to the state where the
juvenile may be found. A petition in such case shall be filed in a court
of competent jurisdiction in the requesting state where the violation of
criminal law is alleged to have been committed. The petition may be filed
regardless of whether the juvenile has left the requesting state before
or after the filing of the petition. The requisition described in article
V of section 210.570 shall be forwarded by the judge of the court in
which the petition has been filed. (L. 1979 H.B. 450)

The Interstate Compact on the Placement of Children is hereby
enacted into law and entered into with all other jurisdictions legally
joining therein, in form substantially as follows:

ARTICLE I

It is the purpose and policy of the party states to cooperate with each
other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity
to be placed in a suitable environment and with persons or institutions
having appropriate qualifications and facilities to provide a necessary
and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed
may have full opportunity to ascertain the circumstances of the proposed
placement, thereby promoting full compliance with applicable requirements
for the protection of the child.

(c) The proper authorities of the state from which the placement is made
may obtain the most complete information on the basis of which to
evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will
be promoted.

ARTICLE II

As used in this compact:

(a) "Child" means a person who, by reason of minority, is legally subject
to parental, guardianship or similar control.

(b) "Sending agency" means a party state, officer or employee thereof; a
subdivision of a party state, or officer or employee thereof; a court of
a party state; a person, corporation, association, charitable agency or
other entity which sends, brings, or causes to be sent or brought any
child to another party state.

(c) "Receiving state" means the state to which a child is sent, brought,
or caused to be sent or brought, whether by public authorities or private
persons or agencies, and whether for placement with state or* local
public authorities or for placement with private agencies or persons.

(d) "Placement" means the arrangement for the care of a child in a family
free or boarding home or in a child-caring agency or institution but does
not include any institution caring for the mentally ill, mentally
defective or epileptic or any institution primarily educational in
character, and any hospital or other medical facility.

ARTICLE III

(a) No sending agency shall send, bring, or cause to be sent or brought
into any other party state any child for placement in foster care or as a
preliminary to a possible adoption unless the sending agency shall comply
with each and every requirement set forth in this article and with the
applicable laws of the receiving state governing the placement of
children therein.

(b) Prior to sending, bringing or causing any child to be sent or brought
into a receiving state for placement in foster care or as a preliminary
to a possible adoption, the sending agency shall furnish the appropriate
public authorities in the receiving state written notice of the intention
to send, bring, or place the child in the receiving state. The notice
shall contain:

1. The name, date and place of birth of the child.

2. The identity and address or addresses of the parents or legal guardian.

3. The name and address of the person, agency or institution to or with
which the sending agency proposes to send, bring, or place the child.

4. A full statement of the reasons for such proposed action and evidence
of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state which is in receipt
of a notice pursuant to paragraph (b) of this article may request of the
sending agency, or any other appropriate officer or agency of or in the
sending agency's state, and shall be entitled to receive therefrom, such
supporting or additional information as it may deem necessary under the
circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought
into the receiving state until the appropriate public authorities in the
receiving state shall notify the sending agency, in writing, to the
effect that the proposed placement does not appear to be contrary to the
interests of the child.

ARTICLE IV

The sending, bringing, or causing to be sent or brought into any
receiving state of a child in violation of the terms of this compact
shall constitute a violation of the laws respecting the placement of
children of both the state in which the sending agency is located or from
which it sends or brings the child and of the receiving state. Such
violation may be punished or subjected to penalty in either jurisdiction
in accordance with its laws. In addition to liability for any such
punishment or penalty, any such violation shall constitute full and
sufficient grounds for the suspension or revocation of any license,
permit, or other legal authorization held by the sending agency which
empowers or allows it to place, or care for children.

ARTICLE V

(a) The sending agency shall retain jurisdiction over the child
sufficient to determine all matters in relation to the custody,
supervision, care, treatment and disposition of the child which it would
have had if the child had remained in the sending agency's state, until
the child is adopted, reaches majority, becomes self-supporting or is
discharged with the concurrence of the appropriate authority in the
receiving state. Such jurisdiction shall also include the power to effect
or cause the return of the child or its transfer to another location and
custody pursuant to law. The sending agency shall continue to have
financial responsibility for support and maintenance of the child during
the period of the placement. Nothing contained herein shall defeat a
claim of jurisdiction by a receiving state sufficient to deal with an act
of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an
agreement with an authorized public or private agency in the receiving
state providing for the performance of one or more services in respect of
such case by the latter as agent for the sending agency.

(c) Nothing in this compact shall be construed to prevent a private
charitable agency authorized to place children in the receiving state
from performing services or acting as agent in that state for a private
charitable agency of the sending state; nor to prevent the agency in the
receiving state from discharging financial responsibility for the support
and maintenance of a child who has been placed on behalf of the sending
agency without relieving the responsibility set forth in paragraph (a)
hereof.

ARTICLE VI

A child adjudicated delinquent may be placed in an institution in another
party jurisdiction pursuant to this compact but no such placement shall
be made unless the child is given a court hearing on notice to the parent
or guardian with opportunity to be heard, prior to his being sent to such
other party jurisdiction for institutional care and the court finds that:

1. Equivalent facilities for the child are not available in the sending
agency's jurisdiction; and

2. Institutional care in the other jurisdiction is in the best interest
of the child and will not produce undue hardship.

ARTICLE VII

The executive head of each jurisdiction party to this compact shall
designate an officer who shall be general coordinator of activities under
this compact in his jurisdiction and who, acting jointly with like
officers of other party jurisdictions, shall have powers to promulgate
rules and regulations to carry out more effectively the terms and
provisions of this compact.

ARTICLE VIII

This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by his
parent, stepparent, grandparent, adult brother or sister, adult uncle or
aunt, or his guardian and leaving the child with any such relative or
nonagency guardian in the receiving state.

(b) Any placement, sending or bringing of a child into a receiving state
pursuant to any other interstate compact to which both the state from
which the child is sent or brought and the receiving state are party, or
to any other agreement between said states which has the force of law.

ARTICLE IX

This compact shall be open to joinder by any state, territory or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, and with the consent of Congress, the
Government of Canada or any province thereof. It shall become effective
with respect to any such jurisdiction when such jurisdiction has enacted
the same into law. Withdrawal from this compact shall be by the enactment
of a statute repealing the same, but shall not take effect until two
years after the effective date of such statute and until written notice
of the withdrawal has been given by the withdrawing state to the Governor
of each other party jurisdiction. Withdrawal of a party state shall not
affect the rights, duties and obligations under this compact of any
sending agency therein with respect to a placement made prior to the
effective date of withdrawal.

ARTICLE X

The provisions of this compact shall be liberally construed to effectuate
the purposes thereof. The provisions of this compact shall be severable
and if any phrase, clause, sentence or provision of this compact is
declared to be contrary to the constitution of any party state or of the
United States or the applicability thereof to any government, agency,
person or circumstance is held invalid, the validity of the remainder of
this compact and the applicability thereof to any government, agency,
person or circumstance shall not be affected thereby. If this compact
shall be held contrary to the constitution of any state party thereto,
the compact shall remain in full force and effect as to the remaining
states and in full force and effect as to the state affected as to all
severable matters. (L. 1975 S.B. 162 § 1)

*Word "of" appears in original rolls.

Notwithstanding the provisions of section 210.620*, the division
of family services may enter into an agreement with a similar agency in
any state adjoining Missouri that provides for the emergency placement of
abused or neglected children across state lines, without the prior
approval required by the interstate compact. A request for approval
pursuant to section 210.620 shall be initiated if the placement extends
beyond thirty days. (L. 1985 H.B. 711)

*Figure "210.260" appears in original rolls, an apparent typographical
error.

The financial responsibility for any child placed pursuant to
the Provisions of the Interstate Compact on the Placement of Children
shall be determined in accordance with the provisions of Article V
thereof, in the first instance. However, in the event of partial or
complete default of performance thereunder, the provisions of state laws
fixing responsibility for the support of children also may be invoked.
(L. 1975 S.B. 162 § 2)

1. The "appropriate public authorities" as used in Article III
of the Interstate Compact on the Placement of Children shall, with
reference to this state, mean Division of Family Services, and said
Division of Family Services shall receive and act with reference to
notices required by said Article III.

2. As used in paragraph (a) of Article V "appropriate authority in the
receiving state" shall mean the Division of Family Services.

3. As used in Article VII of the Interstate Compact on the Placement of
Children the term "executive head" means the Governor. The Governor is
hereby authorized to appoint a compact administrator in accordance with
the terms of said Article VII. (L. 1975 S.B. 162 §§ 3, 4, 6)

Any court having jurisdiction to place delinquent children may
place such a child in an institution of or in another state pursuant to
Article VI of the Interstate Compact on the Placement of Children and
shall retain jurisdiction as provided in Article V thereof. (L. 1975 S.B.
162 § 5)

No placement made into this state from a jurisdiction not party
to the Interstate Compact on the Placement of Children shall be lawful
unless the person or agency making the placement complies with and
follows the procedures and requirements of Article III of that compact as
though the state or jurisdiction from which the child is sent or brought
were party thereto. This section shall not apply to any placement which
would not be subject to the terms of the Interstate Compact on the
Placement of Children if both this state and the other state or
jurisdiction from which the child is sent or brought were parties
thereto. (L. 1975 S.B. 162 § 7)

As used in sections 210.700 to 210.760, the following words and
terms shall have the meanings indicated:

(1) "Child" shall mean a person under the age of eighteen years whose
custody has been committed to an authorized agency by an order of a
judge, or by a surrender agreement, or who has been committed temporarily
to the care of an authorized agency by a parent, guardian or relative
within the second degree of consanguinity.

(2) "Foster care" shall mean care provided a child in a foster home, a
group home, agency, child care institution, or any combination thereof.
(L. 1982 H.B. 1171, et al.)

1. In the case of a child who has been committed to the care of
an authorized agency by a parent, guardian or relative and where such
child has remained in the care of one or more authorized agencies for a
continuous period of six months, the agency shall petition the juvenile
court in the county where the child is present to review the status of
the child. A written report on the status of the child shall be presented
to the court. The court shall then review the status of the child and may
hold a dispositional hearing thereon. The purpose of the dispositional
hearing shall be to determine whether or not the child should be
continued in foster care or whether the child should be returned to a
parent, guardian or relative, or whether or not proceedings should be
instituted to terminate parental right and legally free such child for
adoption.

2. If the child is in the care of an authorized agency based on an
allegation that the child has abused another child and the court
determines that such abuse occurred, the court shall not return the child
to or permit the child to reside in any residence located within one
thousand feet of the residence of the abused child, or any child care
facility or school that the abused child attends, until the abused child
reaches eighteen years of age. The prohibitions of this subsection shall
not apply where the alleged abuse occurred between siblings. (L. 1982
H.B. 1171, et al., A.L. 2005 S.B. 155)

1. In the case of a child who has been placed in the custody of
the division of family services in accordance with subdivision (17) of
subsection 1 of section 207.020, RSMo, or another authorized agency by a
court or who has been placed in foster care by a court, every six months
after the placement, the foster family, group home, agency, or child care
institution with which the child is placed shall file with the court a
written report on the status of the child. The court shall review the
report and shall hold a permanency hearing within twelve months of
initial placement and at least annually thereafter. The permanency
hearing shall be for the purpose of determining in accordance with the
best interests of the child a permanent plan for the placement of the
child, including whether or not the child should be continued in foster
care or whether the child should be returned to a parent, guardian or
relative, or whether or not proceedings should be instituted by either
the juvenile officer or the division to terminate parental rights and
legally free such child for adoption.

2. In such permanency hearings the court shall consider all relevant
factors including:

(1) The interaction and interrelationship of the child with the child's
foster parents, parents, siblings, and any other person who may
significantly affect the child's best interests;

(2) The child's adjustment to his or her foster home, school and
community;

(3) The mental and physical health of all individuals involved, including
any history of abuse of any individuals involved. If the child is in the
care of an authorized agency based on an allegation that the child has
abused another child and the court determines that such abuse occurred,
the court shall not return the child to or permit the child to reside in
any residence located within one thousand feet of the residence of the
abused child, or any child care facility or school that the abused child
attends, until the abused child reaches eighteen years of age. The
prohibitions of this subsection shall not apply where the alleged abuse
occurred between siblings; and

(4) The needs of the child for a continuing relationship with the child's
parents and the ability and willingness of parents to actively perform
their functions as mother and father for the needs of the child.

3. The judge shall make written findings of fact and conclusions of law
in any order pertaining to the placement of the child. (L. 1982 H.B.
1171, et al., A.L. 1990 H.B. 1370, et al., A.L. 1998 H.B. 1822 merged
with S.B. 674, A.L. 2005 S.B. 155)

The court shall possess continuing jurisdiction in proceedings
under sections 210.700 to 210.760 and, in the case of children who are
continued under foster care, shall review the status of the child
whenever it deems necessary or desirable, but at least once every six
months. It shall be the goal of the court and the authorized agency in
whose custody a child has been placed, that the percentage of children
who are in foster care in excess of twenty-four months shall not exceed
thirty percent in any fiscal year. (L. 1982 H.B. 1171, et al.)

1. In making placements in foster care the children's division
shall:

(1) Arrange for a preplacement visit of the child, except in emergencies;

(2) Provide full and accurate medical information and medical history to
the persons providing foster care at the time of placement;

(3) Give a minimum of five days advance notice to the persons providing
foster care before removing a child from their care;

(4) Provide the persons giving foster care with a written statement of
the reasons for removing a child at the time of the notification required
by this section;

(5) Notify the child's parent or legal guardian that the child has been
placed in foster care; and

(6) Work with the parent or legal guardian of the child, through services
available, in an effort to return the child to his or her natural home,
if at all possible, or to place the child in a permanent adoptive
setting, in accordance with the division's goals to reduce the number of
children in long-term foster care and reestablish and encourage the
family unit.

2. Except as otherwise provided in section 210.125, no child shall be
removed from school prior to the end of the official school day for that
child for placement in foster care without a court order specifying that
the child shall be removed from school. (L. 1982 H.B. 1171, et al., A.L.
2004 H.B. 1453 merged with S.B. 762)

Any person who has provided foster care to a child at any time
in a two-year period prior to any hearing concerning the child conducted
pursuant to the provisions of sections 210.700 to 210.760, shall be
allowed to* testify at such hearing. The court may limit such testimony
to evidence the court finds relevant and material. (L. 1995 S.B. 460 § 2)

*Word "to" does not appear in original rolls.

1. When a child is taken into custody by a juvenile officer or
law enforcement official under subdivision (1) of subsection 1 of section
211.031, RSMo, and initially placed with the division, the division may
make a temporary placement and shall arrange for a family support team
meeting prior to or within twenty-four hours following the protective
custody hearing held under section 211.032, RSMo. After a child is in the
division's custody and a temporary placement has been made, the division
shall arrange an additional family support team meeting prior to taking
any action relating to the placement of such child; except that, when the
welfare of a child in the custody of the division requires an immediate
or emergency change of placement, the division may make a temporary
placement and shall schedule a family support team meeting within
seventy-two hours.

2. The parents, the legal counsel for the parents, the foster parents,
the legal guardian or custodian of the child, the guardian ad litem for
the child, and the volunteer advocate, and any designee of the parent
that has written authorization shall be notified and invited to
participate in all family support team meetings. The family support team
meeting may include such other persons whose attendance at the meeting
may assist the team in making appropriate decisions in the best interests
of the child. If the division finds that it is not in the best interest
of a child to be placed with relatives, the division shall make specific
findings in the division's report detailing the reasons why the best
interests of the child necessitate placement of the child with persons
other than relatives.

3. The division shall use the form created in subsection 2 of section
210.147 to be signed upon the conclusion of the meeting pursuant to
subsection 1 of this section confirming that all involved parties are
aware of the team's decision regarding the custody and placement of the
child. Any dissenting views must be recorded and attested to on such form.

4. The case manager shall be responsible for including such form with the
case records of the child. (L. 2004 H.B. 1453 merged with S.B. 762)

Except as provided in section 210.150, the case records of a
child in protective custody compiled by the children's division shall be
available for review by the parent or legal guardian of the child. (L.
2004 S.B. 762)

As used in sections 210.817 to 210.852, the following terms mean:

(1) "Blood tests", any medically recognized analysis which uses blood or
other body tissue or fluid to isolate and identify genetic or other
characteristics in order to determine the probability of paternity or the
probability of exclusion of paternity. The term specifically includes,
without being limited to, tests employing red cell antigens, white cell
antigens, including the human leukocyte antigen (HLA) test, DNA
methodology, and serum proteins and enzymes;

(2) "Bureau", the bureau of vital records of the department of health and
senior services;

(3) "Parent", either a natural or an adoptive parent;

(4) "Parent and child relationship", the legal relationship existing
between a child and his natural or adoptive parents incident to which the
law confers or imposes rights, privileges, duties, and obligations. It
includes the mother and child relationship and the father and child
relationship. (L. 1987 S.B. 328 § 1, A.L. 1993 S.B. 253)

The parent and child relationship extends equally to every child
and every parent, regardless of the marital status of the parents. (L.
1987 S.B. 328 § 2)

Effective 7-15-87

The parent and child relationship between child and:

(1) The natural mother may be established by proof of her having given
birth to the child, or under the provisions of sections 210.817 to
210.852;

(2) The natural father may be established under the provisions of
sections 210.817 to 210.852;

(3) An adoptive parent may be established by proof of adoption. (L. 1987
S.B. 328 § 3)

Effective 7-15-87

1. A man shall be presumed to be the natural father of a child
if:

(1) He and the child's natural mother are or have been married to each
other and the child is born during the marriage, or within three hundred
days after the marriage is terminated by death, annulment, declaration of
invalidity, or dissolution, or after a decree of separation is entered by
a court; or

(2) Before the child's birth, he and the child's natural mother have
attempted to marry each other by a marriage solemnized in apparent
compliance with the law, although the attempted marriage is or may be
declared invalid, and:

(a) If the attempted marriage may be declared invalid only by a court,
the child is born during the attempted marriage or within three hundred
days after its termination by death, annulment, declaration of invalidity
or dissolution; or

(b) If the marriage is invalid without a court order, the child is born
within three hundred days after the termination of cohabitation; or

(3) After the child's birth, he and the child's natural mother have
married or attempted to marry each other by a marriage solemnized in
apparent compliance with law, although the marriage is or may be declared
invalid, and:

(a) He has acknowledged his paternity of the child in writing filed with
the bureau; or

(b) With his consent, he is named as the child's father on the child's
birth certificate; or

(c) He is obligated to support the child pursuant to a written voluntary
promise or by court order; or

(4) An expert concludes that the blood tests show that the alleged parent
is not excluded and that the probability of paternity is ninety-eight
percent or higher, using a prior probability of 0.5.

2. A presumption pursuant to this section may be rebutted in an
appropriate action only by clear and convincing evidence, except that a
presumption under subsection 1 of this section that arises from a blood
test or the filing of an acknowledgment of paternity in a state or
territory in which the blood test or the filing creates a conclusive
presumption by law also has conclusive effect in Missouri. If two or more
presumptions arise which conflict with each other, the presumption which
on the facts is founded on the weightier considerations of policy and
logic controls. The presumption is rebutted by a court decree
establishing the paternity of the child by another man. (L. 1987 S.B. 328
§ 4, A.L. 1994 H.B. 1491 & 1134 merged with S.B. 508, A.L. 1997 S.B. 361,
A.L. 1998 S.B. 910)

1. A signed acknowledgment of paternity form pursuant to section
193.215, RSMo, shall be considered a legal finding of paternity subject
to the right of either signatory to rescind the acknowledgment, in
writing, by filing such rescission with the bureau within the earlier of:

(1) Sixty days from the date of the last signature; or

(2) The date of an administrative or judicial proceeding to establish a
support order in which the signatory is a party. The acknowledgment may
thereafter only be challenged in court on the basis of fraud, duress or
material mistake of fact with the burden of proof upon the challenger. No
judicial or administrative proceeding shall be required or permitted to
ratify an unchallenged acknowledgment of paternity.

2. Except for good cause shown, the legal responsibilities of the
parties, including child support obligations, shall not be suspended
during the pendency of any action in which an attempt is made to revoke
the signed acknowledgment under this section.

3. The acknowledgment shall be filed with the bureau. An acknowledgment
effectuated under the law of any other state or territory shall be given
the same effect in this state as it has in the other state or territory.
(L. 1997 S.B. 361)

Effective 7-1-97

1. If, under the supervision of a licensed physician and with
the consent of her husband, a wife is inseminated artificially with semen
donated by a man not her husband, the husband is treated in law as if he
were the natural father of a child thereby conceived. The husband's
consent must be in writing and signed by him and his wife. The physician
shall certify their signatures and the date of the insemination, and file
the husband's consent with the bureau, where it shall be kept
confidential and in a sealed file. The physician's failure to comply with
this section shall not affect the father and child relationship. All
papers and records pertaining to the insemination, whether part of the
permanent record of a court or of a file held by the supervising
physician or elsewhere, are subject to inspection only upon an order of
the court for good cause shown.

2. The donor of semen provided to a licensed physician for use in
artificial insemination of a married woman other than the donor's wife is
treated in law as if he were not the natural father of a child thereby
conceived. (L. 1987 S.B. 328 § 5)

Effective 7-15-87

1. A child, his natural mother, a man presumed to be his father
under subsection 1 of section 210.822, a man alleging himself to be a
father, any person having physical or legal custody of a child for a
period of more than sixty days or the division of child support
enforcement may bring an action at any time for the purpose of declaring
the existence or nonexistence of the father and child relationship
presumed under subsection 1 of section 210.822.

2. An action to determine the existence of the father and child
relationship with respect to a child who has no presumed father under
section 210.822 may be brought by the child, the mother or the person who
has legal custody of the child, any person having physical or legal
custody of a child for a period of more than sixty days, the division of
child support enforcement, the personal representative or a parent of the
mother if the mother has died, a man alleging himself to be the father,
or the personal representative or a parent of the alleged father if the
alleged father has died or is a minor.

3. Regardless of its terms, an agreement, other than an agreement
approved by the court in accordance with subsection 2 of section 210.838,
between an alleged or presumed father and the mother or child, does not
bar an action under this section.

4. If an action under this section is brought before the birth of the
child, all proceedings shall be stayed until after the birth, except
service of process and the taking of depositions to perpetuate testimony.
(L. 1987 S.B. 328 § 6, A.L. 1993 S.B. 253, A.L. 1998 S.B. 910)

1. An action to determine the existence of the father and child
relationship as to a child who has no presumed father under section
210.822 may not be brought later than eighteen years after the birth of
the child, except that an action to determine the existence of the father
and child relationship as to a child who has no presumed father under the
provisions of section 210.822 may be brought by the child within three
years after such child attains the age of eighteen.

2. A parent's retroactive liability to another party for reimbursement of
necessary support provided by that party to the child for whom a parent
and child relationship is established under sections 210.817 to 210.852
is limited to a period of five years next preceding the commencement of
the action.

3. Sections 210.826 and 210.828 do not extend the time within which a
right of inheritance or a right to a succession may be asserted beyond
the time provided by law relating to distribution and closing of
decedents' estates or to the determination of heirship, or otherwise. (L.
1987 S.B. 328 § 7, A.L. 1993 S.B. 253)

(1996) Illegitimate child may prove paternity during probate pursuant to
section 473.070 even if this statute of limitations has run. In the
Matter of Carl Nocita, 914 S.W.2d 358 (Mo.banc).

1. The circuit court has jurisdiction of an action brought under
sections 210.817 to 210.852. The action may be joined by separate
document with an action for dissolution of marriage, annulment, separate
maintenance, support, custody or visitation, except that in any action
instituted at the request of the division of child support enforcement by
a prosecuting or circuit attorney or attorney under contract with such
division, if an action for dissolution, annulment, separate maintenance,
custody or visitation is joined hereunder, it shall be severed upon
request. Failure to join an action for reimbursement of necessaries
provided with an action brought under sections 210.817 to 210.852 shall
not be a bar to subsequently bringing such an action for reimbursement of
necessaries provided.

2. A person who has sexual intercourse in this state thereby submits to
the jurisdiction of the courts of this state to an action brought under
sections 210.817 to 210.852 with respect to a child who may have been
conceived by that act of intercourse. In addition to any other method
provided by rule or statute, including sections 506.160 and 506.510,
RSMo, personal jurisdiction may be acquired by personal service of
summons outside this state or by certified mail with proof of actual
receipt.

3. Notwithstanding subsection 2 of this section, personal jurisdiction
may be asserted over any person if there is any basis consistent with the
constitution of this state or the United States.

4. An action brought under sections 210.817 to 210.852 may be brought in
the county in which the child resides, the mother resides, or the alleged
father resides or is found or, if the father is deceased, in which
proceedings for probate of his estate have been or could be commenced.
(L. 1987 S.B. 328 § 8, A.L. 1993 S.B. 253, A.L. 1994 H.B. 1491 & 1134
merged with S.B. 508)

Effective 7-1-94

The child shall be made a party to any action commenced under
sections 210.817 to 210.852. If he is a minor, he may be represented by a
next friend appointed for him for any such action. The child's mother or
father or the division of child support enforcement or any person having
physical or legal custody of the child may represent him as his next
friend. A guardian ad litem shall be appointed for the child only if
child abuse or neglect is alleged, or if the child is named as a
defendant, or if the court determines that the interests of the child and
his next friend are in conflict. The natural mother, each man presumed to
be the father under section 210.822, and each man alleged to be the
natural father, shall be made parties or, if not subject to the
jurisdiction of the court, shall be given notice of the action in a
manner prescribed by the court and an opportunity to be heard. The court
may align the parties. (L. 1987 S.B. 328 § 9, A.L. 1993 S.B. 253, A.L.
1998 S.B. 910)

1. As soon as practicable after an action to declare the
existence or nonexistence of the father and child relationship has been
brought, the court may order that an informal hearing be held before a
master. The public shall be barred from the hearing. A record of the
proceeding or any portion of a proceeding shall be kept if any party
requests or the court orders. Rules of evidence need not be observed.

2. Upon the refusal of any witness, including a party, to testify under
oath or produce evidence, the court may order such witness to testify
under oath and produce evidence concerning all relevant facts. If the
refusal is on the ground that the witness' testimony or evidence might
tend to incriminate the witness, the court may order that such testimony
or evidence is inadmissible in any criminal action against the witness.
If the court enters such order, the refusal of a witness to obey an order
to testify or produce evidence is civil contempt of court.

3. Testimony of a physician concerning the medical circumstances of the
pregnancy and the condition and characteristics of the child upon birth
is not privileged.

4. Upon motion of a party, the court may require a presumed father to
post bond with the court in an amount sufficient to guarantee payment of
support for the period between the date the action is commenced and the
expected date of final disposition of the action. In determining the
amount of bond, the court shall consider the factors set forth in
subsection 5 of section 210.841.

5. Upon motion of a party, the court shall enter a temporary support
order requiring the provision of child support pending the final
determination of parentage if there is clear and convincing evidence
establishing a presumption of paternity under section 210.822 or an
acknowledgment pursuant to section 210.823. In determining the amount of
such child support, the court shall comply with subsection 5 of section
210.841. The order shall be retroactive to the later of the date of
service of the motion or the date that any presumption pursuant to
section 210.822 or an acknowledgment pursuant to section 210.823 first
arose. (L. 1987 S.B. 328 § 10, A.L. 1997 S.B. 361)

Effective 7-1-97

1. The court may, and upon request of any party shall require
the child, mother, alleged father, any presumed father who is a party to
the action, and any male witness who testifies or shall testify about his
sexual relations with the mother at the possible time of conception, to
submit to blood tests. The tests shall be performed by an expert as
defined in subsection 7 of this section.

2. The court, upon reasonable request by a party, may order that
independent tests be performed by other experts as defined in this
section.

3. If any party refuses to submit to blood tests ordered by the court
pursuant to subsection 1 or 2 of this section, such refusal shall
constitute civil contempt of court and shall be admissible as evidence in
the action. In addition, upon motion and reasonable notice to the party
refusing to submit to blood tests, the court shall, except for good cause
shown, enter an order striking the party's pleadings and rendering a
judgment by default on the issue of the existence of the parent-and-child
relationship.

4. Whenever the court finds that the results of the blood tests show that
a person presumed or alleged to be the father of the child is not the
father of such child, such evidence shall be conclusive of nonpaternity
and the court shall dismiss the action as to that party, and the cost of
such blood tests shall be assessed against the party instituting the
action unless the division of child support enforcement, through a
prosecuting attorney or circuit attorney or other attorney under contract
with such division, is a party to such action, in which case the cost of
such blood tests shall be assessed against the state. The court shall
order the state to pay reasonable attorney's fees for counsel and the
costs of any blood tests where such blood tests show that the person
presumed or alleged to be the father of the child is not the father of
such child and the state proceeds further in an action pursuant to
sections 210.817 to 210.852 to attempt to establish that such person is
the father of the child.

5. Certified documentation of the chain of custody of the blood or tissue
specimens is competent evidence to establish such chain of custody. An
expert's report shall be admitted at trial as evidence of the test
results stated therein without the need for foundation testimony or other
proof of authenticity or accuracy, unless a written motion containing
specific factual allegations challenging the testing procedures, the
chain of custody of the blood or tissue specimens, or the results has
been filed and served on each party, and the motion is sustained by the
court or an administrative agency not less than thirty days before the
trial.

6. The provisions of subsection 5 of this section shall also apply when
the blood tests were not ordered by the court, if the court finds that
the tests were conducted by an expert as defined in subsection 7 of this
section.

7. As used in sections 210.817 to 210.852, the term "expert" shall
include, but not be limited to, a person who performs or analyzes a
genetic test of a type generally acknowledged as reliable by
accreditation bodies designated by the secretary of the Department of
Health and Human Services pursuant to 42 U.S.C. 666(a) and performed by a
laboratory approved by such accreditation bodies. (L. 1987 S.B. 328 § 11,
A.L. 1994 H.B. 1491 & 1134, A.L. 1997 S.B. 361)

Effective 7-1-97

(1989) Where statute and supreme court rule are inconsistent, statutory
provisions providing for the taking of blood tests by court-designated
experts and specifying the weight to be accorded blood test results in
paternity proceedings related to more than just matters of practice,
procedure and pleading and statute is not subservient to supreme court
rule. State ex rel. Newton v. Conklin, 767 S.W.2d 112 (Mo. App. S.D.).

Evidence relating to paternity may include:

(1) Evidence of sexual intercourse between the mother and the alleged
father during the possible time of conception of the child;

(2) An expert's opinion concerning the probability of the alleged
father's paternity of the child based upon the duration of the mother's
pregnancy;

(3) Blood test results, weighed in accordance with the evidence of the
statistical probability of the alleged father's paternity of the child;

(4) Medical or anthropological evidence relating to the alleged father's
paternity of the child based on tests performed by experts; and

(5) All other evidence relevant to the issue of the paternity of the
child. (L. 1987 S.B. 328 § 12)

Effective 7-15-87

1. If a pretrial hearing is conducted under section 210.832, the
master conducting the hearing shall, on the basis of the information at
the pretrial hearing, evaluate the probability of determining the
existence or nonexistence of the father and child relationship in a trial
and whether a judicial declaration of the relationship would be in the
best interests of the child. On the basis of the evaluation, an
appropriate recommendation for settlement shall be made to the parties,
which may include either of the following:

(1) That the action be dismissed with or without prejudice; or

(2) That the alleged father voluntarily acknowledge his paternity of the
child.

2. If the parties accept a recommendation made in accordance with
subsection 1 of this section, judgment shall be entered accordingly.

3. If a party refuses to accept a recommendation made under subsection 1
of this section, and blood tests have not been taken, the court shall
require the parties to submit to blood tests, if practicable. Thereafter,
the master shall make an appropriate final recommendation. If a party
refuses to accept the final recommendation, the action shall be set for
trial.

4. The guardian ad litem may accept or refuse to accept a recommendation
under this section.

5. The informal hearing may be terminated and the action set for trial if
the master conducting the hearing finds it unlikely that all parties
would accept a recommendation he might make under subsection 1 or 3 of
this section. (L. 1987 S.B. 328 § 13)

Effective 7-15-87

1. An action filed pursuant to sections 210.817 to 210.852 is a
civil action governed by the rules of civil procedure. The mother of the
child and the alleged father are competent to testify and may be
compelled to testify. Subsections 2 and 3 of section 210.832 and sections
210.834 and 210.836 apply.

2. Testimony relating to sexual access to the mother at a time other than
the probable period of conception of the child is inadmissible in
evidence.

3. In an action against an alleged or presumed father, evidence offered
by him with respect to a man who is not subject to the jurisdiction of
the court concerning his sexual intercourse with the mother at or about
the probable period of conception of the child is admissible in evidence
only if he has undergone and made available to the court the results of
blood tests which do not exclude the possibility of his paternity of the
child. A man who is identified and subject to the jurisdiction of the
court shall be made a defendant in the action not less than sixty days
prior to trial by the party identifying him. Where such man is not
subject to the jurisdiction of the court, the alleged or presumed father
shall provide all other parties with the name and address of the man at
least thirty days prior to trial. If a male witness is produced at trial
for the purpose stated in this subsection, but the party calling the
witness failed to implead such male witness as a party defendant or
provide the notice required to all other parties, the court may adjourn
the proceeding to take a blood test of the witness prior to receiving his
testimony, if the court finds that the party calling the witness acted in
good faith. If the court determines that the party calling the witness
did not act in good faith as to the required notice, the court shall not
grant a continuance, and such witness shall be incompetent to testify.

4. No party shall have a right to trial by jury. Unless a presumption
applies pursuant to section 210.822, the burden of proof on all issues
shall be preponderance of the evidence.

5. If any party fails to file an answer or otherwise appear in response
to an action commenced pursuant to sections 210.817 to 210.852 within the
time prescribed by law or rules of practice of the court, the court shall
enter judgment against such party by default.

6. Copies of any paid or unpaid bill for pregnancy, childbirth or genetic
testing shall be admitted as evidence without requiring third-party
foundation testimony if such copies have been provided to all parties not
less than seven days prior to trial. Such copies shall constitute prima
facie evidence of the amounts incurred for such services or testing. (L.
1987 S.B. 328 § 14, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

(1998) Amendment eliminating the "right" to a jury trial did not violate
the ex post facto clause, Article I, Section 13, of the Missouri
Constitution. V.B. v. N.S.B. ex rel. P.M.B., 982 S.W.2d 691 (E.D.Mo.).

1. The judgment or order of the court determining the existence
or nonexistence of the parent and child relationship is determinative for
all purposes.

2. If the judgment or order of the court varies with the child's birth
certificate, the court shall order that an amended birth registration be
made pursuant to section 210.849.

3. The judgment or order shall contain the Social Security number of each
party and may contain any other provision directed against the
appropriate party to the proceeding concerning:

(1) The duty of support;

(2) The custody and guardianship of the child;

(3) Visitation privileges with the child;

(4) The furnishing of bond or other security for the payment of the
judgment; or

(5) Any matter in the best interest of the child.

The judgment or order may direct the father to pay the reasonable
expenses of the mother's pregnancy and confinement.

4. Support judgments or orders ordinarily shall be for periodic payments.
In the best interests of the child, a lump sum payment or the purchase of
an annuity may be ordered in lieu of periodic payments of support. The
court may limit the father's liability for past support of the child to
the proportion of the expenses already incurred that the court deems just.

5. There shall be a rebuttable presumption that the amount of support
that would result from the application of supreme court rule 88.01 is the
correct amount of child support to be awarded. A written finding or
specific finding on the record that the application of supreme court rule
88.01 would be unjust or inappropriate in a particular case, after
considering all relevant factors including the factors in subsection 6 of
this section, shall be sufficient to rebut the presumption in the case.

6. In determining the amount to be paid by a parent for support of the
child and the period during which the duty of support is owed, the court
shall consider all relevant facts, including:

(1) The needs of the child;

(2) The standard of living and circumstances of the parents;

(3) The relative financial means of the parents;

(4) The earning ability of the parents;

(5) The need and capacity of the child for education, including higher
education;

(6) The age of the child;

(7) The financial resources and earning capacity of the child;

(8) The responsibility of the parents for the support of other children;

(9) The value of the services contributed by the custodial parent; and

(10) The standard of living and circumstances of the family prior to the
dissolution of marriage of parents or during the period of cohabitation
of the parents.

7. Any award for periodic child support may be retroactive to the date of
service of the original petition upon the obligor. (L. 1987 S.B. 328 §
15, A.L. 1993 S.B. 253, A.L. 1997 S.B. 361)

Effective 7-1-97

(2002) Parent may seek child support order without first filing for
dissolution, annulment, separate maintenance, custody, or visitation.
State ex rel. Division of Family Services v. Summerford, 75 S.W.3d 353
(Mo.App.W.D.).

The court may enter judgment in the amount of the reasonable
fees for counsel, experts, the child's guardian ad litem and other costs
of the action and pretrial proceedings, including blood tests, to be paid
by the parties in such proportions and at such times as determined by the
court, except that:

(1) No fees or costs shall be assessed to an indigent party as a
condition precedent to blood tests; and

(2) No such costs, other than the costs of blood tests and any other fees
or charges assessed pursuant to subsection 4 of section 210.834, shall be
assessed to the state of Missouri or a political subdivision thereof. (L.
1987 S.B. 328 § 16, A.L. 1996 S.B. 869, A.L. 1997 S.B. 361)

Effective 7-1-97

1. If the existence of a parent and child relationship is
declared, and a duty of support has been established pursuant to sections
210.817 to 210.852, the support obligation may be enforced in the same or
in other appropriate proceedings by the mother, the child, the division
of child support enforcement, or any other public agency that has
furnished or may furnish the reasonable expenses of pregnancy,
confinement, education, support, or funeral, or by any other person,
including a private agency, to the extent he or she has furnished or is
furnishing these expenses.

2. The court shall order that support payments be made to the clerk of
the circuit court as trustee for remittance to the person entitled to
receive the payments, or where that person has assigned his or her
support rights to the division of family services pursuant to section
208.040, RSMo, as trustee for remittance to the division, as long as the
trusteeship remains in effect. Effective October 1, 1999, the court shall
order support payments to be made to the family support payment center as
required in section 454.530, RSMo, as trustee for remittance to the
person entitled to receive the payments.

3. Willful failure to obey any judgment or order of the court entered
pursuant to this section is a civil contempt of court. Section 452.350,
RSMo, applies to support orders entered pursuant to this section, and all
administrative and judicial remedies for the enforcements of judgments
shall apply. (L. 1987 S.B. 328 § 17, A.L. 1999 S.B. 291)

Effective 7-1-99

In a proceeding to determine the existence of the parent and
child relationship brought pursuant to the provisions of sections 454.010
to 454.360, RSMo, or pursuant to the provisions of sections 454.850 to
454.997, RSMo, the provisions of sections 210.817, 210.822 and 210.834
shall apply, but no other provisions of sections 210.818 through 210.852
shall apply. (L. 1998 S.B. 910)

1. The provisions of any decree respecting support may be
modified only upon a showing of changed circumstances so substantial and
continuing as to make the terms unreasonable. In a proceeding for
modifications of any child support award, the court, in determining
whether or not a substantial change in circumstances has occurred, shall
consider all financial resources of both parties, including the extent to
which the reasonable expenses of either party are, or should be, shared
by a spouse or other person with whom he cohabits, and the earning
capacity of a party who is not employed. If the application of the
guidelines and criteria set forth in supreme court rule 88.01 to the
financial circumstances of the parties would result in a change of child
support from the existing amount by twenty percent or more, then a prima
facie showing has been made of a change of circumstances so substantial
and continuing as to make the present terms unreasonable.

2. When the party seeking modification has met the burden of proof set
forth in subsection 1 of this section, the child support shall be
determined in conformity with criteria set forth in supreme court rule
88.01. (L. 1987 S.B. 328 § 18, A.L. 1993 S.B. 253)

Notwithstanding any other law concerning public hearings and
records, any hearing or trial held under sections 210.817 to 210.852
shall be held in closed court without admittance of any person other than
those necessary to the action or proceeding. All papers and records,
other than the interlocutory or final judgment, pertaining to the action
or proceeding, whether part of the permanent record of the court, are
subject to inspection only by the prosecuting or circuit attorney or
attorney under contract with the division of child support enforcement or
upon the consent of the court and all interested persons, or in
exceptional cases only upon order of the court for good cause shown. (L.
1987 S.B. 328 § 19, A.L. 1993 S.B. 253)

1. In any action to determine child support needs and
obligations for a child whose alleged father is less than eighteen years
old, the parents of the alleged father and the parents of the mother, if
the mother is also less than eighteen years old, shall be made joint
parties and may be jointly liable for the support ordered by the court to
the child until both the father and the mother reach the age of eighteen
years. The court shall, based on the needs of the child, determine the
amount of child support, including in-kind support being provided, to be
paid by the alleged father who is under eighteen years of age and the
amount of such payment which shall be paid by the parents of the alleged
father, which shall not exceed the amount of the standard of need of the
state's public assistance plan for one person. The court shall, based on
the needs of the child, determine the amount of child support, including
in-kind support being provided, to be paid by the mother who is under
eighteen years of age and the amount of such payment which shall be paid
by the parents of the mother, which shall not exceed the amount of the
standard of need of the state's public assistance plan for one person.

2. The amount of the support payments to be paid pursuant to this section
shall be determined pursuant to the provisions of section 210.841, except
that in determining the amount to be paid by a father or mother less than
eighteen years old or parent of such father or mother, the court shall
also consider the following relevant facts:

(1) The standard of living and circumstances of the parents of the father
less than eighteen years of age and the parents of the mother less than
eighteen years of age;

(2) The relative financial means of the parents of the father less than
eighteen years of age and the parents of the mother less than eighteen
years of age; and

(3) The responsibility of the parents of the father less than eighteen
years of age and the parents of the mother less than eighteen years of
age for the support of other children.

3. The provisions of Missouri supreme court rule 88.01 shall not apply
when a court determines the support obligation owed by the parents of a
teen parent under eighteen years of age, pursuant to this section. (L.
1994 H.B. 1547 & 961)

Any interested party may bring an action to determine the
existence or nonexistence of a mother and child relationship. Insofar as
possible, the provisions of sections 210.817 to 210.852 applicable to the
father and child relationship apply to the mother and child relationship.
(L. 1987 S.B. 328 § 20)

Effective 7-15-87

Upon order of a court of this state or upon request of a court
or authorized administrative agency of another state, the bureau shall
prepare an amended birth certificate consistent with the findings of the
court. (L. 1987 S.B. 328 § 21)

Effective 7-15-87

The provisions of sections 210.817 to 210.852 shall be applied
and construed to effectuate its general purpose to make uniform the law
with respect to the subject of sections 210.817 to 210.852 among the
states enacting it. (L. 1987 S.B. 328 § 22)

Effective 7-15-87

Sections 210.817 to 210.852 may be cited as the "Uniform
Parentage Act". (L. 1987 S.B. 328 § 23)

Effective 7-15-87

Unless agreed to by the parties and the court, the provisions of
sections 210.817 to 210.852 shall not apply to proceedings to determine
paternity commenced prior to July 15, 1987. (L. 1987 S.B. 328 § 24)

Effective 7-15-87

Upon a finding of paternity by a court, the parties to a
paternity action may submit, either separately or jointly, a parenting
plan, as defined in section 452.310, RSMo, regarding the child who is the
subject of such paternity action. If a parenting plan is submitted, the
court shall order a parenting plan for such child. If the court does not
have proper jurisdiction, the court shall transfer the case to an
appropriate court having jurisdiction on the matter. (L. 1999 S.B. 1, et
al. § 2)

1. The governing body of any county or city not within a county
may, after voter approval pursuant to this section, levy a tax not to
exceed twenty-five cents on each one hundred dollars of assessed
valuation on taxable property in the county for the purpose of providing
counseling, family support, and temporary residential services to persons
eighteen years of age or less and those services described in section
210.861. The question shall be submitted to the qualified voters of the
county or city not within a county at a county or state general, primary
or special election upon the motion of the governing body of the county
or city not within a county or upon the petition of eight percent of the
qualified voters of the county determined on the basis of the number of
votes cast for governor in such county or city not within a county at the
last gubernatorial election held prior to the filing of the petition. The
election officials of the county or city not within a county shall give
legal notice as provided in chapter 115, RSMo. The question shall be
submitted in substantially the following form:

Shall ............ County (City) be authorized to levy a tax of ........
cents on each one hundred dollars of assessed valuation on taxable
property in the county (city) for the purpose of establishing a community
children's services fund for purposes of providing funds for counseling
and related services to children and youth in the county (city) eighteen
years of age or less and services which will promote healthy lifestyles
among children and youth and strengthen families?

[ ] YES [ ] NO

If a majority of the votes cast on the question by the qualified voters
voting thereon are in favor of the question, then the tax shall be levied
and collected as otherwise provided by law. If a majority of the votes
cast on the question by the qualified voters voting thereon are opposed
to the question, then the tax shall not be levied unless and until the
question is again submitted to the qualified voters of the county or city
not within a county and a majority of such voters are in favor of such a
tax, and not otherwise.

2. All revenues generated by the tax prescribed in this section shall be
deposited in the county treasury or, in a city not within a county, to
the board established by law to administer such fund to the credit of a
special "Community Children's Services Fund" to accomplish the purposes
set out herein and shall be used for no other purpose. Such fund shall be
administered by and expended only upon approval by a board of directors,
established pursuant to section 210.861. (L. 1993 S.B. 253 § 24, A.L.
1994 S.B. 595, A.L. 2005 H.B. 58 merged with H.B. 186 merged with S.B.
210 merged with S.B. 238)

1. When the tax prescribed by section 210.860 or section
67.1775, RSMo, is established, the governing body of the city or county
or city not within a county shall appoint a board of directors consisting
of nine members, who shall be residents of the city or county or city not
within a county. All board members shall be appointed to serve for a term
of three years, except that of the first board appointed, three members
shall be appointed for one-year terms, three members for two-year terms
and three members for three-year terms. Board members may be reappointed.
In a city not within a county, or any county of the first classification
with a charter form of government with a population not less than nine
hundred thousand inhabitants, or any county of the first classification
with a charter form of government with a population not less than two
hundred thousand inhabitants and not more than six hundred thousand
inhabitants, or any noncharter county of the first classification with a
population not less than one hundred seventy thousand and not more than
two hundred thousand inhabitants, or any noncharter county of the first
classification with a population not less than eighty thousand and not
more than eighty-three thousand inhabitants, or any third classification
county with a population not less than twenty-eight thousand and not more
than thirty thousand inhabitants, or any county of the third
classification with a population not less than nineteen thousand five
hundred and not more than twenty thousand inhabitants the members of the
community mental health board of trustees appointed pursuant to the
provisions of sections 205.975 to 205.990, RSMo, shall be the board
members for the community children's services fund. The directors shall
not receive compensation for their services, but may be reimbursed for
their actual and necessary expenses.

2. The board shall elect a chairman, vice chairman, treasurer, and such
other officers as it deems necessary for its membership. Before taking
office, the treasurer shall furnish a surety bond, in an amount to be
determined and in a form to be approved by the board, for the faithful
performance of his or her duties and faithful accounting of all moneys
that may come into his or her hands. The treasurer shall enter into the
surety bond with a surety company authorized to do business in Missouri,
and the cost of such bond shall be paid by the board of directors. The
board shall administer and expend all funds generated pursuant to section
210.860 or section 67.1775, RSMo, in a manner consistent with this
section.

3. The board may contract with public or not-for-profit agencies licensed
or certified where appropriate to provide qualified services and may
place conditions on the use of such funds. The board shall reserve the
right to audit the expenditure of any and all funds. The board and any
agency with which the board contracts may establish eligibility standards
for the use of such funds and the receipt of services. No member of the
board shall serve on the governing body, have any financial interest in,
or be employed by any agency which is a recipient of funds generated
pursuant to section 210.860 or section 67.1775, RSMo.

4. Revenues collected and deposited in the community children's services
fund may be expended for the purchase of the following services:

(1) Up to thirty days of temporary shelter for abused, neglected,
runaway, homeless or emotionally disturbed youth; respite care services;
and services to unwed mothers;

(2) Outpatient chemical dependency and psychiatric treatment programs;
counseling and related services as a part of transitional living
programs; home-based and community-based family intervention programs;
unmarried parent services; crisis intervention services, inclusive of
telephone hotlines; and prevention programs which promote healthy
lifestyles among children and youth and strengthen families;

(3) Individual, group, or family professional counseling and therapy
services; psychological evaluations; and mental health screenings.

5. Revenues collected and deposited in the community children's services
fund may not be expended for inpatient medical, psychiatric, and chemical
dependency services, or for transportation services. (L. 1993 S.B. 253 §
25, A.L. 1994 S.B. 595, A.L. 1995 H.B. 97, A.L. 1996 S.B. 728, A.L. 2001
S.B. 323 & 230, A.L. 2005 H.B. 58 merged with H.B. 186 merged with S.B.
210 merged with S.B. 238)

The juvenile divisions of the circuit courts and the departments
of social services, mental health, elementary and secondary education and
health shall share information regarding individual children who have
come into contact with, or been provided services by, the courts and such
departments. The state courts administrator and the departments of social
services, mental health, elementary and secondary education and health
shall coordinate their information systems to allow for sharing of
information regarding and tracking of individual children by the juvenile
divisions of the circuit courts, the departments of social services,
mental health, elementary and secondary education and health and school
districts. All information received by a court, any department or any
school district pursuant to this section shall remain subject to the same
confidentiality requirements as are imposed on the department that
originally collected the information. With regard to the information
required to be shared pursuant to this section, the department of
elementary and secondary education shall only share information on
students who have committed an act which, if it had been committed by an
adult, would be a misdemeanor or felony offense pursuant to the laws of
Missouri, other states or the federal government. (L. 1995 H.B. 174, et
al. § 5, A.L. 2000 S.B. 944)

1. There is hereby established the "Juvenile Information
Governance Commission".

2. The commission shall be composed of the following members:

(1) The director of the department of mental health;

(2) The director of the department of health and senior services;

(3) The commissioner of education;

(4) The director of the department of social services;

(5) The director of the division of family services of the department of
social services;

(6) The director of the division of youth services of the department of
social services;

(7) The state courts administrator;

(8) The superintendent of the highway patrol;

(9) The chief information officer of the office of information technology
of the office of administration;

(10) One judge who hears juvenile cases in a circuit comprised of one
county of the first classification, appointed by the chief justice of the
supreme court;

(11) One judge who hears juvenile cases in a circuit comprised of more
than one county, appointed by the chief justice of the supreme court;

(12) One juvenile officer representing a circuit comprised of one county
of the first classification, appointed by the chief justice of the
supreme court;

(13) One juvenile officer representing a circuit comprised of more than
one county, appointed by the chief justice of the supreme court.

3. The commission shall authorize categories of information to be shared
between executive agencies and juvenile and family divisions of the
circuit courts pursuant to section 210.865. The commission shall provide
vision, strategy, policy approval and oversight for development and
implementation of agency, law enforcement and juvenile and family court
information sharing. The commission may appoint subcommittees to address
technical and policy issues associated with information sharing,
communication, development and implementation.

4. The state courts administrator or a designee shall chair the
commission.

5. The commission shall meet as determined by the chair but not less than
semiannually. A majority of the members of the commission shall
constitute a quorum.

6. No member of the commission shall receive compensation for the
performance of duties associated with membership on the commission.

7. Official minutes of all commission meetings shall be prepared by the
chair, distributed to the members and filed by the state courts
administrator.

8. The commission shall, on January 1, 2002, and annually thereafter on
January first of each succeeding year, transmit a report summarizing the
commission's findings to the general assembly. (L. 2001 H.B. 236)

1. The Missouri children's services commission shall evaluate
current state laws and policies that affect incarcerated parents and
their children. The commission shall place particular emphasis on the
areas of child custody and visitation.

2. The commission shall inform legislators and policy makers about the
problems facing children of incarcerated parents and the value of
coordinating penal policies and child welfare goals.

3. The commission may develop and recommend specific legislative
proposals and propose state and local programs to respond to the needs of
children of incarcerated parents including, but not limited to,
alternative sentencing laws and the establishment of community-based care
facilities to maintain custody in the incarcerated parent and to promote
the welfare of such parent's children. (L. 1998 S.B. 720)

The circuit courts* of this state, the office of the state
courts administrator, the department of public safety, the department of
corrections and the department of social services shall cooperate with
the commission by providing information needed by the commission as
requested by the commission. (L. 1998 S.B. 720)

*Word "court" appears in original rolls.

The Missouri children's services commission shall, on or before
December 1, 1999, deliver its first report of its study and findings to
the governor, the speaker of the house of representatives and the
president pro tem of the senate. The commission shall study the
implementation of alternative sentencing and its impact on children of
incarcerated parents and submit a second report with its findings to the
governor, speaker of the house of representatives and president pro tem
of the senate by December 1, 2002. (L. 1998 S.B. 720)

1. Sections 210.900 to 210.936 shall be known and may be cited
as the "Family Care Safety Act".

2. As used in sections 210.900 to 210.936, the following terms shall mean:

(1) "Child-care provider", any licensed or license-exempt child-care
home, any licensed or license-exempt child-care center, child-placing
agency, residential care facility for children, group home, foster family
group home, foster family home, employment agency that refers a
child-care worker to parents or guardians as defined in section 289.005*,
RSMo. The term "child-care provider" does not include summer camps or
voluntary associations designed primarily for recreational or educational
purposes;

(2) "Child-care worker", any person who is employed by a child-care
provider, or receives state or federal funds, either by direct payment,
reimbursement or voucher payment, as remuneration for child-care services;

(3) "Department", the department of health and senior services;

(4) "Elder-care provider", any operator licensed pursuant to chapter 198,
RSMo, or any person, corporation, or association who provides in-home
services under contract with the division of aging, or any employer of
nurses or nursing assistants of home health agencies licensed pursuant to
sections 197.400 to 197.477, RSMo, or any nursing assistants employed by
a hospice pursuant to sections 197.250 to 197.280, RSMo, or that portion
of a hospital for which subdivision (3) of subsection 1 of section
198.012, RSMo, applies;

(5) "Elder-care worker", any person who is employed by an elder-care
provider, or who receives state or federal funds, either by direct
payment, reimbursement or voucher payment, as remuneration for elder-care
services;

(6) "Patrol", the Missouri state highway patrol;

(7) "Employer", any child-care provider, elder-care provider, or
personal-care provider as defined in this section;

(8) "Personal-care attendant" or "personal-care worker", a person who
performs routine services or supports necessary for a person with a
physical or mental disability to enter and maintain employment or to live
independently;

(9) "Personal-care provider", any person, corporation, or association who
provides personal-care services or supports under contract with the
department of mental health, the division of aging, the department of
health and senior services or the department of elementary and secondary
education;

(10) "Related child care", child care provided only to a child or
children by such child's or children's grandparents, great-grandparents,
aunts or uncles, or siblings living in a residence separate from the
child or children;

(11) "Related elder care", care provided only to an elder by an adult
child, a spouse, a grandchild, a great-grandchild or a sibling of such
elder. (L. 1999 H.B. 490 & H.B. 308 § 3, A.L. 2001 S.B. 48)

*Section 289.005 was repealed by H.B. 393, 1995.

1. To protect children, the elderly, and disabled individuals in
this state, and to promote family and community safety by providing
information concerning family caregivers, there is hereby established
within the department of health and senior services a "Family Care Safety
Registry and Access Line" which shall be available by January 1, 2001.

2. The family care safety registry shall contain information on
child-care workers', elder-care workers', and personal-care workers'
background and on child-care, elder-care and personal-care providers
through:

(1) The patrol's criminal record check system pursuant to section 43.540,
RSMo, including state and national information, to the extent possible;

(2) Probable cause findings of abuse and neglect prior to August 28,
2004, or findings of abuse and neglect by a preponderance of the evidence
after August 28, 2004, pursuant to sections 210.109 to 210.183 and, as of
January 1, 2003, financial exploitation of the elderly or disabled,
pursuant to section 570.145, RSMo;

(3) The division of aging's employee disqualification list pursuant to
section 660.315, RSMo;

(4) As of January 1, 2003, the department of mental health's employee
disqualification registry;

(5) Foster parent licensure denials, revocations and involuntary
suspensions pursuant to section 210.496;

(6) Child-care facility license denials, revocations and suspensions
pursuant to sections 210.201 to 210.259;

(7) Residential living facility and nursing home license denials,
revocations, suspensions and probationary status pursuant to chapter 198,
RSMo; and

(8) As of January 1, 2004, a check of the patrol's Missouri uniform law
enforcement system (MULES) for sexual offender registrations pursuant to
section 589.400, RSMo. (L. 1999 H.B. 490 & H.B. 308 § 4, A.L. 2001 S.B.
48, A.L. 2003 S.B. 184, A.L. 2004 H.B. 1453)

1. Every child-care worker or elder-care worker hired on or
after January 1, 2001, or personal-care worker hired on or after January
1, 2002, shall complete a registration form provided by the department.
The department shall make such forms available no later than January 1,
2001, and may, by rule, determine the specific content of such form, but
every form shall:

(1) Request the valid Social Security number of the applicant;

(2) Include information on the person's right to appeal the information
contained in the registry pursuant to section 210.912;

(3) Contain the signed consent of the applicant for the background checks
required pursuant to this section; and

(4) Contain the signed consent for the release of information contained
in the background check for employment purposes only.

2. Every child-care worker or elder-care worker hired on or after January
1, 2001, and every personal-care worker hired on or after January 1,
2002, shall complete a registration form within fifteen days of the
beginning of such person's employment. Any person employed as a
child-care, elder-care or personal-care worker who fails to submit a
completed registration form to the department of health and senior
services as required by sections 210.900 to 210.936 without good cause,
as determined by the department, is guilty of a class B misdemeanor.

3. The costs of the criminal background check may be paid by the
individual applicant, or by the provider if the applicant is so employed,
or for those applicants receiving public assistance, by the state through
the terms of the self-sufficiency pact pursuant to section 208.325, RSMo.
Any moneys remitted to the patrol for the costs of the criminal
background check shall be deposited to the credit of the criminal record
system fund as required by section 43.530, RSMo.

4. Any person licensed pursuant to sections 210.481 to 210.565 shall be
automatically registered in the family care safety registry at no
additional cost other than the costs required pursuant to sections
210.481 to 210.565.

5. Any person not required to register pursuant to the provisions of
sections 210.900 to 210.936 may also be included in the registry if such
person voluntarily applies to the department for registration and meets
the requirements of this section and section 210.909, including
submitting to the background checks in subsection 1 of section 210.909.

6. The provisions of sections 210.900 to 210.936 shall not extend to
related child care, related elder care or related personal care. (L. 1999
H.B. 490 & H.B. 308 § 5, A.L. 2001 S.B. 48, A.L. 2002 S.B. 923, et al.)

1. Upon submission of a completed registration form by a
child-care worker, elder-care worker or personal-care attendant, the
department shall:

(1) Determine if a probable cause finding of child abuse or neglect prior
to August 28, 2004, or a finding of child abuse or neglect by a
preponderance of the evidence after August 28, 2004, involving the
applicant has been recorded pursuant to sections 210.109 to 210.183 and,
as of January 1, 2003, if there is a probable cause finding of financial
exploitation of the elderly or disabled pursuant to section 570.145, RSMo;

(2) Determine if the applicant has been refused licensure or has
experienced involuntary licensure suspension or revocation pursuant to
section 210.496;

(3) Determine if the applicant has been placed on the employee
disqualification list pursuant to section 660.315, RSMo;

(4) As of January 1, 2003, determine if the applicant is listed on the
department of mental health's employee disqualification registry;

(5) Determine through a request to the patrol pursuant to section 43.540,
RSMo, whether the applicant has any criminal history record for a felony
or misdemeanor or any offense for which the person has registered
pursuant to sections 589.400 to 589.425, RSMo; and

(6) If the background check involves a provider, determine if a facility
has been refused licensure or has experienced licensure suspension,
revocation or probationary status pursuant to sections 210.201 to 210.259
or chapter 198, RSMo; and

(7) As of January 1, 2004, determine through a request to the patrol if
the applicant is a registered sexual offender pursuant to section
589.400, RSMo, listed in the Missouri uniform law enforcement system
(MULES).

2. Upon completion of the background check described in subsection 1 of
this section, the department shall include information in the registry
for each registrant as to whether any convictions, employee
disqualification listings, registry listings, probable cause findings,
pleas of guilty or nolo contendere, or license denial, revocation or
suspension have been documented through the records checks authorized
pursuant to the provisions of sections 210.900 to 210.936.

3. The department shall notify such registrant in writing of the results
of the determination recorded on the registry pursuant to this section.
(L. 1999 H.B. 490 & H.B. 308 § 6, A.L. 2001 S.B. 48, A.L. 2003 S.B. 184,
A.L. 2004 H.B. 1453)

The department's registration form for the family care safety
registry and the department's notification pursuant to subsection 1 of
section 210.906 and subsection 3 of section 210.909 shall advise the
person of a right to appeal the information contained in the registry.
Such right to appeal shall be limited only to the accuracy in the
transfer of information to the registry and shall not include a right to
appeal the accuracy of the substance of the information transferred. Any
such appeal shall be filed in writing at the office of the director of
the department of health and senior services within thirty days of
receiving the results of the determination. An administrative appeal
shall be set within thirty days of the filing of the appeal and a
decision shall be made within sixty days. If the appeal is decided in
favor of such person, the person's records shall be restored in the
registry along with a copy of the hearing decision. If the appeal is
decided against such person, the person may seek judicial review of such
decision pursuant to sections 536.100 to 536.150, RSMo. An applicant's
right to appeal herein is in addition to any other appeal rights granted
by state law. (L. 1999 H.B. 490 & H.B. 308 § 7)

The department of corrections, the department of public safety,
the department of social services and the department of mental health
shall collaborate with the department to compare records on child- care,
elder-care and personal-care workers, and the records of persons with
criminal convictions and the background checks pursuant to subdivisions
(1) to (6) of subsection 2 of section 210.903, and to enter into any
interagency agreements necessary to facilitate the receipt of such
information and the ongoing updating of such information. The department
shall promulgate rules and regulations concerning such updating,
including subsequent background reviews as listed in subsection 1 of
section 210.909. (L. 1999 H.B. 490 & H.B. 308 § 8, A.L. 2001 S.B. 48)

The department shall establish and maintain a toll-free
telephone service to promote family and community safety by allowing
access to certain information recorded in the registry, as provided in
section 210.921. The department shall develop strategies to promote
public awareness of the family care safety registry and toll-free
telephone service. (L. 1999 H.B. 490 & H.B. 308 § 9)

1. The department shall not provide any registry information
pursuant to this section unless the department obtains the name and
address of the person calling, and determines that the inquiry is for
employment purposes only. For purposes of sections 210.900 to 210.936,
"employment purposes" includes direct employer-employee relationships,
prospective employer-employee relationships, and screening and
interviewing of persons or facilities by those persons contemplating the
placement of an individual in a child-care, elder-care or personal-care
setting. Disclosure of background information concerning a given
applicant recorded by the department in the registry shall be limited to:

(1) Confirming whether the individual is listed in the registry; and

(2) Indicating whether the individual has been listed or named in any of
the background checks listed in subsection 2 of section 210.903. If such
individual has been so listed, the department of health and senior
services shall only disclose the name of the background check in which
the individual has been identified. With the exception of any agency
licensed by the state to provide child care, elder care or personal care
which shall receive specific information immediately if requested, any
specific information related to such background check shall only be
disclosed after the department has received a signed request from the
person calling, with the person's name, address and reason for requesting
the information.

2. Any person requesting registry information shall be informed that the
registry information provided pursuant to this section consists only of
information relative to the state of Missouri and does not include
information from other states or information that may be available from
other states.

3. Any person who uses the information obtained from the registry for any
purpose other than that specifically provided for in sections 210.900 to
210.936 is guilty of a class B misdemeanor.

4. When any registry information is disclosed pursuant to subdivision (2)
of subsection 1 of this section, the department shall notify the
registrant of the name and address of the person making the inquiry.

5. The department of health and senior services staff providing
information pursuant to sections 210.900 to 210.936 shall have immunity
from any liability, civil or criminal, that otherwise might result by
reason of such actions; provided, however, any department of health and
senior services staff person who releases registry information in bad
faith or with ill intent shall not have immunity from any liability,
civil or criminal. Any such person shall have the same immunity with
respect to participation in any judicial proceeding resulting from the
release of registry information. The department is prohibited from
selling the registry or any portion of the registry for any purpose
including "employment purposes" as defined in subsection 1 of this
section. (L. 1999 H.B. 490 & H.B. 308 § 10, A.L. 2001 S.B. 48)

The department of health and senior services, department of
mental health, and department of social services may use the registry
information to carry out the duties assigned to the department pursuant
to this chapter and chapters 190, 195, 197, 198, 630, and 660, RSMo. (L.
2001 S.B. 48, A.L. 2003 S.B. 184)

The department and the department of social services shall
promulgate rules and regulations necessary to implement the provisions of
sections 210.900 to 210.936. Any rule or portion of a rule, as that term
is defined in section 536.010, RSMo, that is created under the authority
delegated in sections 210.900 to 210.936 shall become effective only if
it complies with and is subject to all of the provisions of chapter 536,
RSMo, and, if applicable, section 536.028, RSMo. All rulemaking authority
delegated prior to August 28, 1999, is of no force and effect and
repealed. Nothing in this section shall be interpreted to repeal or
affect the validity of any rule filed or adopted prior to August 28,
1999, if it fully complied with all applicable provisions of law. This
section and chapter 536, RSMo, are nonseverable and if any of the powers
vested with the general assembly pursuant to chapter 536, RSMo, to
review, to delay the effective date or to disapprove and annul a rule are
subsequently held unconstitutional, then the grant of rulemaking
authority and any rule proposed or adopted after August 28, 1999, shall
be invalid and void. (L. 1999 H.B. 490 & H.B. 308 § 11)

The department of health and senior services shall make an
annual report, no later than July first of each year, to the speaker of
the house of representatives and the president pro tem of the senate on
the operation of the family care safety registry and toll-free telephone
service, including data on the number of information requests received
from the public, identification of any barriers encountered in
administering the provisions of sections 210.900 to 210.936,
recommendations for removing or minimizing the barriers so identified,
and any recommendations for improving the delivery of information on
child-care, elder-care and personal-care workers to the public. (L. 1999
H.B. 490 & H.B. 308 § 12, A.L. 2001 S.B. 48)

By January 1, 2001, the department shall provide a report to the
speaker of the house and president pro tem of the senate with
recommendations on:

(1) Ensuring that thorough background checks are conducted on all
providers pursuant to sections 210.900 to 210.936 without duplicating
background checks that are required or have been conducted pursuant to
other provisions in state law;

(2) Ensuring that data obtained from background checks which are
currently available or may be required by law after August 28, 1999, are
included in the registry;

(3) The feasibility of transferring the responsibility of conducting
background checks on providers to the registry;

(4) Including a national screening process on a voluntary and mandatory
basis within the registry; and

(5) Effecting Internet access to the registry. (L. 1999 H.B. 490 & H.B.
308 § 13, A.L. 2001 S.B. 48)

For any elder-care worker listed in the registry or who has
submitted the registration form as required by sections 210.900 to
210.936, an elder-care provider may access the registry in lieu of the
requirements established pursuant to section 660.315, RSMo, or to
subsections* 3, 4 and 5 of section 660.317, RSMo. (L. 1999 H.B. 490 &
H.B. 308 § 14)

*Word "subsection" appears in original rolls.

For purposes of providing background information pursuant to
sections 210.900 to 210.936, reports and related information pursuant to
sections 198.070 and 198.090, RSMo, sections 210.109 to 210.183, section
630.170, RSMo, and sections 660.300 to 660.317, RSMo, shall be deemed
public records. (L. 1999 H.B. 490 & H.B. 308 § 15, A.L. 2001 S.B. 48)

1. This section shall be known and may be cited as the "Safe
Place for Newborns Act of 2002". The purpose of this section is to
protect newborn children from injury and death caused by abandonment by a
parent, and to provide safe and secure alternatives to such abandonment.

2. As used in this section, the following terms mean:

(1) "Hospital", as defined in section 197.020, RSMo;

(2) "Nonrelinquishing parent", the biological parent who does not leave a
newborn infant with any person listed in subsection 3 of this section in
accordance with this section;

(3) "Relinquishing parent", the biological parent or person acting on
such parent's behalf who leaves a newborn infant with any person listed
in subsection 3 of this section in accordance with this section.

3. A parent shall not be prosecuted for a violation of section 568.030,
568.032, 568.045 or 568.050, RSMo, for actions related to the voluntary
relinquishment of a child up to five days old pursuant to this section
and it shall be an affirmative defense to prosecution for a violation of
sections 568.030, 568.032, 568.045 and 568.050, RSMo, that a parent who
is a defendant voluntarily relinquished a child no more than one year old
pursuant to this section if:

(1) Expressing intent not to return for the child, the parent voluntarily
delivered the child safely to the physical custody of any of the
following persons:

(a) An employee, agent, or member of the staff of any hospital, in a
health care provider position or on duty in a nonmedical paid or
volunteer position;

(b) A firefighter or emergency medical technician on duty in a paid
position or on duty in a volunteer position; or

(c) A law enforcement officer;

(2) The child was no more than one year old when delivered by the parent
to any person listed in subdivision (1) of this subsection; and

(3) The child has not been abused or neglected by the parent prior to
such voluntary delivery.

4. A person listed in subdivision (1) of subsection 3 of this section
shall, without a court order, take physical custody of a child the person
reasonably believes to be no more than one year old and is delivered in
accordance with this section by a person purporting to be the child's
parent. If delivery of a newborn is made pursuant to this section in any
place other than a hospital, the person taking physical custody of the
child shall arrange for the immediate transportation of the child to the
nearest hospital licensed pursuant to chapter 197, RSMo.

5. The hospital, its employees, agents and medical staff shall perform
treatment in accordance with the prevailing standard of care as necessary
to protect the physical health or safety of the child. The hospital shall
notify the division of family services and the local juvenile officer
upon receipt of a child pursuant to this section. The local juvenile
officer shall immediately begin protective custody proceedings and
request the child be made a ward of the court during the child's stay in
the medical facility. Upon discharge of the child from the medical
facility and pursuant to a protective custody order ordering custody of
the child to the division, the division of family services shall take
physical custody of the child. The parent's voluntary delivery of the
child in accordance with this section shall constitute the parent's
implied consent to any such act and a voluntary relinquishment of such
parent's parental rights.

6. In any termination of parental rights proceeding initiated after the
relinquishment of a child pursuant to this section, the juvenile officer
shall make public notice that a child has been relinquished, including
the sex of the child, and the date and location of such relinquishment.
Within thirty days of such public notice, the nonrelinquishing parent
wishing to establish parental rights shall identify himself or herself to
the court and state his or her intentions regarding the child. The court
shall initiate proceedings to establish paternity, or if no person
identifies himself as the father within thirty days, maternity. The
juvenile officer shall make examination of the putative father registry
established in section 192.016, RSMo, to determine whether attempts have
previously been made to preserve parental rights to the child. If such
attempts have been made, the juvenile officer shall make reasonable
efforts to provide notice of the abandonment of the child to such
putative father.

7. (1) If a relinquishing parent of a child relinquishes custody of the
child to any person listed in subsection 3 of this section in accordance
with this section and to preserve the parental rights of the
nonrelinquishing parent, the nonrelinquishing parent shall take such
steps necessary to establish parentage within thirty days after the
public notice or specific notice provided in subsection 6 of this section.

(2) If a nonrelinquishing parent fails to take steps to establish
parentage within the thirty-day period specified in subdivision (1) of
this subsection, the nonrelinquishing parent may have all of his or her
rights terminated with respect to the child.

(3) When a nonrelinquishing parent inquires at a hospital regarding a
child whose custody was relinquished pursuant to this section, such
facility shall refer the nonrelinquishing parent to the division of
family services and the juvenile court exercising jurisdiction over the
child.

8. The persons listed in subdivision (1) of subsection 3 of this section
shall be immune from civil, criminal, and administrative liability for
accepting physical custody of a child pursuant to this section if such
persons accept custody in good faith. Such immunity shall not extend to
any acts or omissions, including negligent or intentional acts or
omissions, occurring after the acceptance of such child.

9. The division of family services shall:

(1) Provide information and answer questions about the process
established by this section on the statewide, toll-free telephone number
maintained pursuant to section 210.145;

(2) Provide information to the public by way of pamphlets, brochures, or
by other ways to deliver information about the process established by
this section.

10. Nothing in this section shall be construed as conflicting with
section 210.125. (L. 2002 H.B. 1443, A.L. 2005 S.B. 420 & 344)

1. The department of health and senior services shall, on or
before July 1, 2003, and quarterly thereafter, provide all child-care
facilities licensed pursuant to this chapter with a comprehensive list of
children's products that have been identified by the Consumer Product
Safety Commission as unsafe.

2. Upon notification, a child-care facility shall inspect its premises
and immediately dispose of any unsafe children's products which are
discovered. Such inspection shall be documented by signing and dating the
department's notification form in a space designated by the department.
Signed and dated notification forms shall be maintained in the facility's
files for departmental inspection.

3. During regular inspections, the department shall document the
facility's maintenance of past signed and dated notification forms. If
the department discovers an unsafe children's product, the facility shall
be instructed to immediately dispose of the product. If a facility fails
to dispose of a product after being given notice that it is unsafe, it
shall be considered a violation under the inspection.

4. The department may promulgate rules for the implementation of this
section. Any rule or portion of a rule, as that term is defined in
section 536.010, RSMo, that is created under the authority delegated in
this section shall become effective only if it complies with and is
subject to all of the provisions of chapter 536, RSMo, and, if
applicable, section 536.028, RSMo. This section and chapter 536, RSMo,
are nonseverable and if any of the powers vested with the general
assembly pursuant to chapter 536, RSMo, to review, to delay the effective
date or to disapprove and annul a rule are subsequently held
unconstitutional, then the grant of rulemaking authority and any rule
proposed or adopted after August 28, 2002, shall be invalid and void. (L.
2002 S.B. 923, et al.)

1. There is hereby created a statewide program called the
"Amber Alert System" referred to in this section as the "system" to aid
in the identification and location of abducted persons.

2. For the purposes of this section, "abducted person" means a person
whose whereabouts are unknown and who is reasonably believed to be the
victim of the crime of kidnapping as defined by section 565.110, RSMo, as
determined by local law enforcement.

3. The department of public safety shall develop regions to provide the
system. The department of public safety shall coordinate local law
enforcement agencies and public commercial television and radio
broadcasters to provide an effective system. In the event that a local
law enforcement agency opts not to set up a system and an abduction
occurs within the jurisdiction, it shall notify the department of public
safety who will notify local media in the region.

4. The Amber alert system shall include all state agencies capable of
providing urgent and timely information to the public together with
broadcasters and other private entities that volunteer to participate in
the dissemination of urgent public information. At a minimum, the Amber
alert system shall include the department of public safety, highway
patrol, department of transportation, department of health and senior
services, and Missouri lottery.

5. The department of public safety shall have the authority to notify
other regions upon verification that the criteria established by the
oversight committee has been met.

6. Participation in an Amber alert system is entirely at the option of
local law enforcement agencies and federally licensed radio and
television broadcasters.

7. Any person who knowingly makes a false report that triggers an alert
pursuant to this section is guilty of a class A misdemeanor. (L. 2003
H.B. 185 merged with S.B. 30)

1. There is hereby created the "Amber Alert System Oversight
Committee", whose primary duty shall be to develop criteria and
procedures for the Amber alert system and shall be housed within the
department of public safety. The committee shall regularly review the
function of the Amber alert system and revise its criteria and procedures
in cooperation with the department of public safety to provide for
efficient and effective public notification. As soon as practicable, the
committee shall adopt criteria and procedures to expand the Amber alert
system to provide urgent public alerts related to homeland security,
criminal acts, health emergencies, and other imminent dangers to the
public health and welfare.

2. The Amber alert system oversight committee shall consist of ten
members of which seven members shall be appointed by the governor with
the advice and consent of the senate. Such members shall represent the
following entities: two representatives of the Missouri Sheriffs'
Association; two representatives of the Missouri Police Chiefs
Association; one representative of small market radio broadcasters; one
representative of large market radio broadcasters; one representative of
television broadcasters. The director of the department of public safety
shall also be a member of the committee and shall serve as chair of the
committee. Additional members shall include one representative of the
highway patrol and one representative of the department of health and
senior services.

3. Members of the oversight committee shall serve a term of four years,
except that members first appointed to the committee shall have staggered
terms of two, three, and four years and shall serve until their successor
is duly appointed and qualified.

4. Members of the oversight committee shall serve without compensation,
except that members shall be reimbursed for their actual and necessary
expenses required for the discharge of their duties.

5. The Amber alert system oversight committee shall promulgate rules for
the implementation of the Amber alert system. Any rule or portion of a
rule, as that term is defined in section 536.010, RSMo, that is created
under the authority delegated in this section shall become effective only
if it complies with and is subject to all of the provisions of chapter
536, RSMo, and, if applicable, section 536.028, RSMo. This section and
chapter 536, RSMo, are nonseverable and if any of the powers vested with
the general assembly pursuant to chapter 536, RSMo, to review, to delay
the effective date or to disapprove and annul a rule are subsequently
held unconstitutional, then the grant of rulemaking authority and any
rule proposed or adopted after August 28, 2003, shall be invalid and
void. (L. 2003 H.B. 185 merged with S.B. 30)

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