Governor considers Truly Agreed bills, highlights of family law legislation

On May 30, 2023, the General Assembly presented all remaining Truly Agreed To and Finally Passed legislation to Governor Parson for consideration and action.  The governor will have forty-five days (July 14, 2023) to sign legislation into law or to return any bill to the Secretary of State with his approval or reasons for disapproval.  The appropriations bills making up the state’s Fiscal Year 2024 operating budget must be signed prior to the start of the new fiscal year (July 1, 2023).  Unless otherwise provided in the bill itself (with an emergency clause or a delayed effective date), the effective date of any Truly Agreed legislation from the 2023 Regular Session will be Tuesday, August 28, 2023.   

On The Missouri Bar’s Legislative Engagement Center, members have access to finding aids to help them navigate this year’s Truly Agreed legislation and keep track of what has been enacted into law.  A listing of Truly Agreed bills, with section-by-section outlines, is available for download as PDF document (“2023 TAFP Bills – Outlines”).  In addition, the collected text of the 2023 Truly Agreed legislation is also available for download as a bookmarked PDF (“2023 TAFP Bills – Bill Text”).  Additional finding aids or information will be added as bill reviews are completed.  A complete breakdown and summaries of the 2023 Truly Agreed To and Finally Passed Legislation will be available to members in the next issue of the Legislative Digest (prior to the August 28, 2023, effective date of most new laws). 

The following link leads to a list of bills introduced during the 2023 Regular Session relating to family law (Family Law – 2023 Introduced Legislation).  From it, you can view the legislative progress and last action taken on any bill.  The bill numbers are hyperlinks to the legislative webpage for each individual bill.  A great many bills of particular interest were not passed this session, but they are quite likely to be reintroduced during the next regular session.  The Board of Governors and its Executive Committee welcome input on these bills at any time during the interim.  Comments may be submitted to the Government Relations staff at govrel@mobar.org.

Below are highlights of the 2023 Truly Agreed legislation relating to family law and children.  Legislative Updates throughout the summer will continue to feature summaries, breakdowns, and other information about Truly Agreed bills. 
 

SELECTED TRULY AGREED LEGISLATION   
RELATING TO FAMILY LAW AND CHILDREN

JOINT RESOLUTIONS

SUBMISSION AND EFFECTIVE DATES.  Proposed joint resolutions approved by the General Assembly will be submitted to the voters at the general election on November 5, 2024, or at a special election called by the governor.  If approved by the voters, the amendments will take effect on December 5, 2024.

SJR 26 (Fitzwater) – Relating to a property tax exemption for certain child care facilities  
05/12/2023 – Truly Agreed To and Finally Passed  
05/30/2023 – Delivered to Secretary of State  
Resolution Text (TAFP)  
To Be Submitted to Voters at General Election on Nov. 5, 2024

PROPERTY EXEMPT FROM TAXATION (Mo. Const., Art. X, Section 6) (Amend) – Upon voter approval, this proposed constitutional amendment would permit the General Assembly by general law to authorize an assessing authority to exempt from assessment, levy, and collection of taxes a portion of the property of an individual or a for-profit or non-profit corporation, organization or association that is used primarily for the care of children outside the home.

OFFICIAL SUMMARY STATEMENT (Section B) – The General Assembly adopted the following official summary statement:

“Shall the Missouri Constitution be amended to allow places where individuals, corporations, organizations, and associations provide childcare outside of the child's home to be exempt from property tax?  This is intended to make childcare more available, which would support the well-being of children, families, the workforce, and society as a whole.”

HOUSE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

SS HB 402 (Henderson) – Relating to health care  
05/05/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

CHILDHOOD LEAD POISONING

EDUCATION AND INFORMATION (Section 701.336) (Amend) – In collaboration with certain organizations, the Missouri Department of Health and Senior Services and the Missouri Department of Social Services shall devise an educational strategy to increase the number of children who are tested for lead poisoning under the Medicaid program.  The goal of having seventy-five percent of the children who receive Medicaid test for lead poisoning is repealed.  In addition, the requirement that the educational strategy shall be implemented over a three-year period is repealed. 

TESTING PROGRAM (Section 701.340) (Amend) – As part of the childhood lead testing program, every medical provider who serves children shall annually provide education to all parents and guardians of children under four years of age regarding lead hazards to children.  These medical providers shall annually provide the option to test every child under four years of age for lead poisoning with the consent of the parent or guardian.  Every health facility serving children under four years of age (including but not limited to hospitals and clinics licensed pursuant to chapter 197) shall take appropriate steps to ensure that the medical providers in the facility offer such leading poisoning testing. 

HIGH RISK GEOGRAPHIC AREAS – ASSESSMENT AND TESTING REQUIREMENTS (Section 701.342) (Amend) – Every child under six years of age shall be assessed annually using a questionnaire to determine whether such child is at high risk for lead poisoning.  Those children who are deemed to be at high risk for lead poisoning shall (with the consent of a parent or guardian) be tested using a blood sample. 

EVIDENCE OF TESTING (Section 701.344) (Amend) – In high risk geographic areas, every child care facility (as defined in section 210.201) and every child care facility affiliated with a school system, a business organization, or a nonprofit organization shall, within thirty days of enrolling a child twelve months of age or older and under five years of age, require the child’s parent or guardian to provide evidence of lead poisoning testing (or the refusal of such testing). 

MORE STRINGENT REQUIREMENTS (Section 701.348) (Amend) – Nothing in sections 701.340 to 701.349 shall prohibit a political subdivision, a local board of health, or a state agency from enacting and enforcing ordinances, rules, or laws for the prevention, detection, and control of lead poisoning which are the same or more stringent than sections 701.340 to 701.349.   
 

SS HB 447 (Davidson) – Relating to duties of the Department of Elementary and Secondary Education  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

HEALTH AND FAMILY EDUCATION CREDIT (Section 160.527) (New) – The one-half unit of health education credit shall be renamed “Health and Family Education” for the  2024-25 school year and all subsequent school years.  The State Board of Education shall convene a work group to develop and recommend academic performance standards relating to the health and family education credit.  The work group shall develop written curriculum frameworks relating to health and family education with an emphasis on behavioral health relating to the causes of morbidity and mortality of youth, chronic disease management, and parenting skills associated with optimal family health over a lifetime that may be used by school districts.  The State Board shall adopt and implement academic performance standards relating to health and family education for the 2024-25 school year and all subsequent school years. 

EARLY CHILDHOOD EDUCATION SERVICES GRANTS (Section 161.243) (New) – Subject to appropriations, the Department of Elementary and Secondary Education shall provide grants directly to private entities for the provision of early childhood education services.  The private entities receiving grant funds shall be subject to the high-quality early childhood education standards prescribed in section 161.213. 

LANGUAGE EQUALITY AND ACQUISITION FOR DEAF KIDS (LEAD-K) ACT (Section 161.396) (New) – This section shall be known and may be cited as the “Language Equality and Acquisition for Deaf Kids (LEAD-K) Act.”  The Department of Elementary and Secondary Education shall select language development milestones from existing standardized norms to develop a resource for use by parents to monitor and track expressive and receptive language acquisition and developmental stages toward ASL and English literacy of children who are deaf or hard of hearing.  The department shall select existing tools or assessments for educators that can be used to assess the language and literacy development of children who are deaf or hard of hearing.

For the 2024-25 school year and all subsequent school years, the Department of Elementary and Secondary Education shall produce an annual report that is specific to language and literacy development of children who are deaf or hard of hearing. 

This section shall apply only to activities of the department relating to children from birth to five years of age. 

EDUCATIONAL FUNDING FOR STUDENTS IN RESIDENTIAL CARE FACILITIES (Section 163.063) (New) – For purposes of calculating federal aid and state aid distributions for nonresident pupils pursuant to the provisions of chapter 163, a nonresident pupil who receives all of such pupil’s required educational services on-site at a residential care facility shall be included in the average daily attendance of the following school district that results in the greatest total amount of state and federal aid to the district in which the residential care facility is located:

• The school district of such pupil’s domicile prior to placement in a residential care facility; or
• The school district of such pupil’s residence following placement in a residential care facility. 

No provision of this section shall be construed to prevent a residential care facility and a school district from mutually agreeing to a financial arrangement that deviates from the provisions of this section. 

FOSTER CHILD ENROLLMENT (Section 167.019) (Amend) – If a best interest determination has not been completed within ten days of a child being placed in a foster care placement located in a school district other than the child’s prior domicile school district, then (for the purpose of the required best interest determination) enrollment in the school district of residence as a result of the foster care placement shall be deemed to be in the best interest of the child.  This subsection shall only apply where the distance between the child’s residential address (as a result of foster care placement) and the child’s previous school building in the prior domicile district is more than ten miles (or fifteen miles if the child is receiving services from a special school district). 

EDUCATIONAL FUNDING FOR STUDENTS IN RESIDENTIAL CARE FACILITIES (Section 167.126) (Amend) – The following children shall have the right to educational services as provided in subdivision (2) of subsection 1 of this section:   

• Children who are admitted to programs or facilities of the Department of Mental Health; and
• Children whose domicile is one school district in Missouri but who reside in another school district of Missouri as a result of (1) placement arrangement by or approved by the Department of Mental Health or the Department of Social Services; (2) placement arranged by or ordered by a court of competent jurisdiction; or (3) admittance under a physician’s order as the result of a determination of medical necessity for a diagnosed mental illness. 

Corresponding amendments are made regarding payments to applicable school districts for educational services if the student is admitted under a physician’s order. 

GRANT AWARDS AUTHORITY (Section 205.565) (Amend) In addition to the Department of Social Services, the Department of Elementary and Secondary Education is also authorized to award grants to qualifying entities to carry out the Caring Communities Program.

CONFIDENTIALITY OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360) (New) – see below CCS SB 28. 
 

SENATE BILLS

EFFECTIVE DATES.  Unless the bill itself provides otherwise, enacted bills will have an effective date of August 28, 2023.

HCS SS SB 24 (Hough) – Relating to vulnerable persons  
05/05/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

ADOPTION TAX CREDIT (Sections 135.327, 135.331, and 135.333) (Amend) – Any person residing in Missouri who proceeds in good faith with the adoption of a child on or after January 1, 2022, regardless of whether such child was a special needs child, shall be eligible to receive a tax credit of up to $10,000 for nonrecurring adoption expenses for each child that may be applied to taxes due under chapter 143.  The tax credit shall be allowed regardless of whether the child adopted is a resident or ward of a resident of Missouri at the time the adoption is initiated.  However, for all fiscal years ending on or before June 30, 2024, priority shall be given to applications to claim the tax credit for special needs children who are residents or wards of residents of Missouri at the time the adoption is initiated. 

Individuals and business entities may claim a tax credit for their total nonrecurring adoption expenses in each year that the expenses are incurred.  A claim for fifty percent of the credits shall be allowed when the child is placed in the home.  A claim for the remaining fifty percent shall be allowed when the adoption is final.  The total of these tax credits shall not exceed the maximum limit of $10,000 per child, but for all tax years beginning on or after January 1, 2024, the total shall be adjusted annually for increases in cost-of-living, if any, as of the preceding July over the level of July of the immediately preceding year of the Consumer Price Index for All Urban Consumers. 

The cumulative amount of tax credits that may be claimed by taxpayers claiming the credit for nonrecurring adoption expenses shall not exceed $6 million in any fiscal year beginning on or after July 1, 2021, and ending on or before June 30, 2024.  For all fiscal years beginning on or after July 1, 2024, there shall be no limit imposed on the cumulative amount of tax credits that may be claimed by taxpayers claiming the credit for nonrecurring adoption expenses. 

For tax years beginning on or before December 31, 2023, any amount of tax credit which exceeds the tax due or which is applied for and otherwise eligible for issuance but not issued shall not be refunded but may be carried over to any subsequent tax year, not to exceed a total of five years for which a tax credit may be taken for each child adopted. 

For all tax years beginning on or after January 1, 2024, any amount of tax credit that is issued and which exceeds the tax due shall be refunded to the taxpayer; however, any tax credits carried forward from tax years beginning on or before December 31, 2023, shall not be refundable. 
 

CCS SB 28 (Brown - 16) – Relating to access to certain records, with penalty provisions and an emergency clause for a certain section  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – Files maintained by the Child Advocate program shall be disclosed only at the discretion of the Child Advocate.  The identity of any complainant or recipient shall not be disclosed by the office except under certain circumstances.  In addition to current disclosure exceptions, the identity of any complainant or recipient can be disclosed if law enforcement requests the disclosure as part of an investigation.

MISSOURI RAP BACK PROGRAM (Sections 43.539 and 43.540) (Amend) – In the event of a new arrest of an applicant who is employed, licensed, or otherwise under the purview of a qualified entity enrolled in the Missouri or National Rap Back program, the Missouri State Highway Patrol shall notify the qualified entity.  Upon receiving the notification, if the qualified entity deems that the applicant is still serving in an active capacity, the entity may request and receive the individual’s updated criminal history record.  The requirement that this process shall only occur if the individual has previously had a Missouri and national criminal record review completed for the qualified entity within the previous six years is repealed. 

BIRTH CERTIFICATES FOR VICTIMS OF DOMESTIC VIOLENCE (Section 193.265) (Amend) – Notwithstanding any other provision of law to the contrary, no fee shall be required or collected for a certification of birth if the request is made by a victim of domestic violence or abuse (as defined in section 455.010) and the victim provides documentation signed by an employee, agent, or volunteer of a victim service provider, an attorney, or a health care or mental health professional, from whom the victim has sought assistance relating to the domestic violence or abuse.  The documentation shall state (under penalty of perjury) that the employee, agent, or volunteer of a victim service provider, the attorney or the health care or mental health professional believes the victim has been involved in an incident of domestic violence or abuse.  A victim may be eligible only one time for a fee waiver under this section.

CONFIDENTIALITY OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360) (New) – Any personally identifiable information regarding any child under eighteen years of age receiving child care from any provider or applying for or receiving any services through a state program shall not be subject to disclosure, except as otherwise provided by law.  This section shall not prohibit any state agency from disclosing personally identifiable information to any governmental entity or its agents, vendors, grantees, and contractors in connection to matters relating to its official duties.  This section shall not apply to any state, county, or municipal law enforcement agency acting in its official capacity.  Furthermore, this section shall not prevent a parent or legal guardian from accessing the records of a child of the parent or legal guardian. 
 

SS SB 35 (May) – Relating to judicial proceedings involving the parent-child relationship  
05/12/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

CHILD CUSTODY (Section 452.375) (Amend) – The court shall determine custody in accordance with the best interests of the child.  There shall be a rebuttable presumption that an award of equal or approximately equal parenting time to each parent is in the best interests of the child.  The presumption can be rebutted only by a preponderance of the evidence in accordance with all relevant factors, including (but not limited to) the factors contained in subdivisions (1) to (8) of subsection 2 of this section.  The presumption may be rebutted if the court finds that the parents have reached an agreement on all issues related to custody, or if the court finds that a pattern of domestic violence has occurred (as set out in subdivision (6) of subsection 2 of this section).  Subdivision (5) is amended to state that the fact that a parent sends the parent’s child or children to home school (as defined in section 167.031) shall not be the factor that a court considers in determining custody of such child or children.  Subdivision (8) is amended to refer to the unobstructed input (rather than the wishes) of a child, free of coercion or manipulation, as to the child’s custodial arrangement.  Finally, the section is amended to state that the General Assembly encourages the court to enter a temporary parenting plan as early as practicable in a proceeding under chapter 452, consistent with the provisions of subsection 2 of this section.    

LICENSE SUSPENSIONS - FAILURE TO COMPLY WITH CHILD SUPPORT ORDER (Section 454.1005) (Amend) – Upon timely receipt of a request from an obligor for hearing on the suspension of a professional or occupational license, the court or the Director of the Family Support Division shall schedule a hearing that complies with due process to determine if suspension of the obligor’s license is appropriate, considering all relevant factors, including the statutory factors listed in subsection 4 of this section. 

Under subsection 4, in determining whether the license suspension is appropriate under the circumstances, the court or director shall consider and issue written findings of fact and conclusions of law (within thirty days following the hearing) on the following: 

• The identity of the obligor;
• Whether the arrearage is in an amount greater than or equal to three months of support payments or $2,500 (whichever is less) by the date of service of a notice of intent to suspend;
• Whether the obligor has entered a payment plan;
• Whether the obligor had the ability to makes the payments that are in arrearage;
• Whether obligor has the current ability to make the payments;
• The reasons the obligor needs the license, including (but not limited to) transportation of family members to and from work, school, or medical treatment; transportation of the obligor or family members to extracurricular activities; or a requirement for employment;
• Whether the obligor is unemployed or underemployed;
• Whether the obligor is actively seeking employment;
• Whether obligor has engaged in job search and job readiness assistance, including utilization of the state employment database website;
• Whether the obligor has a physical or mental impairment affecting the obligor’s capacity to work; and
• Any other relevant factors that affect the obligor’s ability to make the child support payments. 

After a hearing, if the court or director determines that the obligor has failed to comply with the child support payment obligation and an arrearage exists in excess of $2,500 for good cause, then the court or director shall not issue an order suspending the obligor’s license and ordering the obligor to refrain from engaging in the licensed activity or (if an order is in place) shall stay such order.  Good cause may include:

• Loss of employment (excluding voluntarily quitting or a dismissal due to poor job performance or failure to meet a condition of employment;
• Catastrophic illness or accident of the obligor or a family member;
• Severe inclement weather (including a natural disaster); or
• The obligor experiences a family emergency or other life-changing event (including divorce or domestic violence). 

A decision by the court or director under this section not to issue a suspension order shall not prevent a court or the director from issuing a new suspension order in the event of another arrearage if the obligor fails (without good cause) to comply with the support order or payment plan.  
 

SS#2 SB 39 (Thompson Rehder) – Relating to participation in athletic competition, with a severability clause
05/12/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor  
06/07/2023 – Signed by Governor   
Bill Text (TAFP)

PARTICIPATION IN ATHLETIC COMPETITIONS (Section 163.048) (New) – No private school, public school district, public charter school, or public or private institution of postsecondary education shall allow any student to compete in an athletics competition that is designated for the biological sex opposite to the student’s biological sex as correctly stated on the student’s official birth certificate or another government record (if the birth certificate is unobtainable).  A school, school district, or postsecondary educational institution may allow a female student to compete in an athletics competition that is designated for male students if no corresponding athletics competition designated for female students is offered or available.  Schools, districts, or institutions that violate subdivision (1) of subsection 3 of this section shall not receive any state aid under chapter 163 or chapter 173 or any other revenues from the state.  The parent or guardian of any student (or any student who is over eighteen years of age) who is deprived of an athletic opportunity as a result of a violation of this section shall have a cause of action for injunctive or other equitable relief.  The provisions of this section shall expire on August 28, 2027.   

SEVERABILITY CLAUSE (Section B) (New) – If any provision of section 163.048 or the application thereof  is held invalid, the remainder of the section and the application of such provisions shall not be affected.  
 

HCS SS SCS SB 40 (Thompson Rehder) – Relating to background checks  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

MISSOURI RAP BACK PROGRAM (Sections 43.539 and 43.540) (Amend) – see above CCS SB 28.

BACKGROUND CHECKS (Section 171.097) (New) – School districts shall ensure that a state criminal history background check consisting of open records is conducted on any person who is eighteen years of age or older, who is not counted by the district for purposes of average daily attendance (under section 163.011), and who requests enrollment in a course that takes place on school district property during regular school hours and includes students counted by the district for purposes of average daily attendance (under section 163.011). 

The state criminal history background check shall be processed through the Missouri State Highway Patrol prior to enrollment.  The person requesting enrollment in a course shall pay the fee for the background check. 

If it is determined that the person requesting enrollment has been convicted of a crime or offense listed in subsection 6 of section 168.071 (or a similar crime or offense committed in another state, the United States, or any other country), regardless of imposition of sentence, the school district shall prohibit such person from enrolling in any course for which the background check is required. 

BACKGROUND CHECKS (Section 210.493) (Amend) – For purposes of this section, the following terms are defined:  “applicant,” “contractor,” “employee,” “owner,” and “volunteer.”  Specified individuals connected with licensed residential care facilities, license-exempt residential care facilities, or child placing agencies shall submit fingerprints – and any information that the department requires to complete background checks – to the Missouri State Highway Patrol.  In addition to other components, a background check shall include a state and Federal Bureau of Investigation fingerprint check.    
 

CCS HCS SS SCS SBs 45 & 90 (Gannon and McCreery) – Relating to health care, with an emergency clause for certain sections and penalty provisions  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions:

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28.

TRANSITIONAL BENEFITS – TANF AND SNAP (Section 208.035) (New) – Subject to appropriations and any necessary waivers and approvals, the Department of Social Services shall develop and implement a transitional benefits program for Temporary Assistance for Needy Families (TANF) and the Supplemental Nutrition Assistance Program (SNAP) that is designed in such a way that a TANF or SNAP beneficiary will not experience an immediate loss of benefits should the beneficiary’s income exceed the maximum allowable income for such program.  The transitional benefits offered shall provide for a transition to self-sufficiency while incentivizing work and financial stability. 

The transitional benefits shall gradually step down the beneficiary’s monthly benefit proportionate to the increase in the beneficiary’s income.  The determination shall be as follows:

Any beneficiary where monthly household income exceeds $5,822 (as adjusted for inflation) shall not eligible for any transitional benefit under this section. 

Beneficiaries receiving transitional benefits shall comply with all requirements of each program for which they are eligible, including work requirements.  Transitional benefits shall not be included in the lifetime limit for receipt of TANF benefits under section 208.040.

The Department of Social Services may promulgate any rules or regulations necessary for the implementation of this section. 

TRANSITIONAL BENEFITS - CHILD CARE (Section 208.053) (Amend) – Subject to appropriations, by July 1, 2024, the Department of Elementary and Secondary Education shall implement a program to allow recipients to receive transitional child care benefits without the requirement that the recipients first be eligible for full child care benefits.  Transitional child care benefits shall be determined on a sliding scale as follows for recipients with household incomes in excess of the eligibility level for full benefits:

As used in this section, “state base rate” shall refer to the rate established by the Department of Elementary and Secondary Education for provider payments that accounts for geographic area, type of facility, duration of care, and age of the child, as well as any enhancements reflecting after-hours or weekend care, accreditation, or licensure status (as determined by the department).  Recipients shall be responsible for paying the remaining sliding fee to the child care provider. 

PUBLIC ASSISTANCE APPLICATIONS (Section 208.066) (New) – Upon approval by the Centers for Medicare and Medicaid Services, the Food and Nutrition Services within the United States Department of Agriculture, or any other relevant federal agency, the Missouri Department of Social Services shall limit any initial application for the Supplemental Nutrition Assistance Program (SNAP), the Temporary Assistance for Needy Families Program (TANF), the child care assistance program, or MO HealthNet to a one-page form that is easily accessible on the department website. 

Program participants who are required to complete a periodic eligibility review form may submit such form as an attachment to their Missouri state individual income tax return if the review form is due before or at the same time that the program participant files such state tax return.  The Department of Social Services shall limit periodic eligibility review forms associated with the listed programs to a one-page form that is easily accessible on both the Department of Social Service’s website and the Department of Revenue’s website. 

Notwithstanding the provisions of section 32.057 to the contrary, the Department of Revenue shall share any eligibility form submitted under this section with the Department of Social Services. 

The Department of Revenue may promulgate all necessary rules and regulations for the administration of this section. 

PUBLIC ASSISTANCE APPLICATIONS (Section 208.072) (Amend) – In accordance with 42 CFR 435.907(a), as amended, if an applicant for MO HealthNet benefits is a minor or incapacitated, the Family Support Division or its successor shall accept an application from someone acting responsibly for the applicant. 

TICKET TO WORK HEALTH ASSURANCE PROGRAM (Section 208.146) (Amend) – The Ticket to Work Health Assurance Program provides medical assistance through MO HealthNet for employed disabled persons who meet certain qualifications, including asset limits and earned, net, and gross income calculations.  Currently, disabled individuals whose income exceeds one hundred percent of the federal poverty level pay a premium for participation in the program.  If an eligible person’s employer offers employer-sponsored health insurance and the Department of Social Services determines the employer-sponsored insurance is more cost effective, the department will instead pay that person’s costs for the employer-sponsored health insurance.

The income calculation is modified from a net/gross calculation to a broader definition.  In addition to other requirements, an eligible person must have income that does not exceed 250% of the federal poverty level, excluding any earned income of the worker with a disability between 250% and 300% of the federal poverty level. 

The asset limit calculations are amended to exclude retirement accounts, including (but not limited to) individual accounts, 401(k) plans, 403(b) plans, Keogh plans, and pension plans, provided that income from such accounts is calculated as income under subdivision (4) of subsection 1 of this section. 

To determine income, the following shall be disregarded: 

• The first $50,000 of earned income of the person’s spouse;
• A $20 standard deduction;
• Health insurance premiums;
• A $75 a month standard deduction for the disabled worker’s dental and optical insurance when the total dental and optical insurance premiums are less than $75;
• All Supplemental Security Income payments, and the first $50 of SSDI payments; and
• A standard deduction for impairment-related employment expenses equal to one-half of the disabled worker’s earned income.    

If the department elects to pay an eligible person’s employer-sponsored insurance costs under subsection 6 of this section, the medical assistance provided shall be provided to an eligible person as a secondary or supplemental policy for only personal care assistance services (as defined in section 208.900), and related costs and nonemergency medical transportation to any employer-sponsored benefits that may be available to such person. 

The Department of Social Services shall provide to the General Assembly an annual report that identifies the number of participants in the program and describes the outreach and education efforts to increase awareness and enrollment in the program. 

The Department of Social Services shall submit such state plan amendments and waivers to the Centers for Medicare and Medicaid Services of the federal Department of Health and Human Services as the department determines are necessary to implement the provisions of this section.   

MO HEALTHNET POSTPARTUM BENEFITS – MEDICAL ASSISTANCE, PERSONS ELIGIBLE

MEDICAL ASSISTANCE, PERSONS ELIGIBLE (Section 208.151) (Amend) – Subject to approval of any necessary state plan amendments or waivers, beginning on the effective date of this section, pregnant women who are eligible for, have applied for, and have received MO HealthNet benefits under subdivision (2), (10), (11), or (12) of subsection 1 of this section shall be eligible for medical assistance during the pregnancy and during the twelve-month period that begins on the last day of the woman’s pregnancy and ends on the last day of the month in which the twelve-month period ends, consistent with the provisions of 42 U.S.C. Section 1396a(e)(16). 

The Department of Social Services shall submit a state plan amendment to the Centers for Medicare and Medicaid Services when the number of ineligible MO HealthNet participants removed from the program in 2023 pursuant to section 208.239 exceeds the projected number of beneficiaries likely to enroll in benefits in 2023 under subdivision (28) of subsection 1 of this section and subdivision (2) of subsection 6 of section 208.662, as determined by the department, by at least one hundred individuals. 

The provisions of subdivision (28) of subsection 1 of this section shall remain in effect for any period of time during which the federal authority under 42 U.S.C. Section 1396a(e)(16), as amended, or any successor statutes or implementing regulations, is in effect. 

As amended, this section shall be effective upon the passage and approval of CCS HCS SS SCS SBs 45 & 90 by the governor.    

SHOW-ME HEALTHY BABIES PROGRAM – CHIPS PROGRAM – ELIGIBLITY (Section 208.662) (Amend) – Subject to approval of any necessary state plan amendments or waivers, beginning on the effective date of this section, mothers eligible to receive coverage under this section shall receive medical assistance benefits during the pregnancy and during the twelve-month period that begins on the last day of the woman’s pregnancy and ends on the last day of the month in which the twelve-month period ends, consistent with the provisions of 42 U.S.C. Section 1397gg(e)(1)(J).

The Department of Social Services shall seek any necessary state plan amendments or waivers to implement the provisions of subdivision (2) of subsection 6 of this section when the number of ineligible MO HealthNet participants removed from the program in 2023 pursuant to section 208.239 exceeds the projected number of beneficiaries likely to enroll in benefits in 2023 under subdivision (2) of subsection 6 of this section and subdivision (28) of subsection 1 of section 208.151, as determined by the department, by at least one hundred individuals. 

The provisions of subdivision (2) of subsection 6 of this section shall remain in effect for any period of time during which the federal authority under 42 U.S.C. Section 1397gg(e)(1)(J), as amended, or any successor statutes or implementing regulations, is in effect. 

As amended, this section shall be effective upon the passage and approval of CCS HCS SS SCS SBs 45 & 90 by the governor.   

OUT-OF-STATE MO HEALTHNET PAYMENTS (Section 208.186) (New) – The state of Missouri shall not provide payments, add-ons, or reimbursements to health care providers through MO HealthNet for medical assistance services provided to persons who do not reside in Missouri, as determined under 42 CFR 435.403, or any amendments or successor regulations thereto.  As amended, this section shall be effective upon the passage and approval of CCS HCS SS SCS SBs 45 & 90 by the governor.      

MO HEALTHNET ELIGIBILITY REDETERMINATIONS (Section 208.239) (New) – The Department of Social Services shall resume annual MO HealthNet eligibility redeterminations, renewals, and postenrollment verifications no later than thirty days after the effective date of this section.  As amended, this section shall be effective upon the passage and approval of CCS HCS SS SCS SBs 45 & 90 by the governor.   

CONFIDENTIALITY OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360) (New) – see above CCS SB 28.

EMERGENCY CLAUSE (SECTION B) (New) – Sections 191.592, 208.151, 208.186, 208.239, and 208.662 shall be effective upon the passage and approval of CCS HCS SS SCS SBs 45 & 90 by the governor. 
 

SS#2 SCS SBs 49, 236 & 164 (Moon, Hoskins, and Carter) – Relating to gender transition procedures
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor  
06/07/2023 – Signed by Governor  
Bill Text (TAFP)

MISSOURI SAVE ADOLESCENTS FROM EXPERIMENTATION (SAFE) ACT (Section 191.1820) (New) – This section shall be known and may be cited as the “Missouri Save Adolescents from Experimentation (SAFE) Act.”  A health care provider shall not knowingly perform a gender transition surgery on any individual under eighteen years of age.  A health care provider shall not knowingly prescribe or administer cross-sex hormones or puberty-blocking drugs for the purpose of a gender transition for any individual under eighteen years of age (but this subsection shall not apply to the prescription or administration of  such hormones or drugs when such drugs were prescribed or administered prior to August 28, 2023). 

The performance of a gender transition surgery or the prescription or administration of cross-sex hormones or puberty-blocking drugs to an individual under eighteen years of age in violation of this section shall be considered unprofessional conduct.  The appropriate licensing entity or disciplinary review board with competent jurisdiction in Missouri shall revoke the license to practice of any health care provider doing so. 

The prescription or administration of cross-sex hormones or puberty-blocking drugs to an individual under eighteen years of age for the purpose of a gender transition shall be considered grounds for a cause of action against the health care provider.  The provisions of chapter 538 shall not apply to any action under subsection 6 of this section.  An action brought pursuant to this subsection shall be brought within fifteen years of the individual injured attaining the age of twenty-one or of the date of the treatment of the injury at issue in the action by the defendant has ceased, whichever is later.  An individual bringing an action shall be entitled to a rebuttable presumption that the individual was harmed if the individual is infertile following the prescription or administration of the hormones or drugs and that the harm was a direct result of the hormones or drugs prescribed or administered.  Such presumption may be rebutted only by clear and convincing evidence.  In any such action, a plaintiff may recover economic and noneconomic damages and punitive damages, without limitation to the amount and no less than $500,000 dollars in the aggregate.  The judgement shall be in an amount of three times the amount of any economic and noneconomic damages or punitive damages assessed.  An action may be brought in any circuit court of Missouri.  No health care provider shall require a waiver of the right to bring an action pursuant to subsection 6 of this section as a condition of services.  The right to bring an action through an individual under the age of eighteen shall not be waived by a parent or legal guardian.  A plaintiff may enter into a voluntary agreement of settlement or compromise, but no agreement shall be valid until approved by the court.  If requested by the plaintiff, any pleadings, attachments, or exhibits filed and judgments issued by the court shall not include the personal identifying information of the plaintiff.  Such information shall be provided in a confidential information filing sheet, which shall not be subject to public inspection or availability. 

The provisions of this section shall not apply to any speech protected by the First Amendment of the United States Constitution. 

The provisions of this section shall not apply to the following:

• Services to individuals born with a medically-verifiable disorder of sex development;
• Services provided when a physician has otherwise diagnosed an individual with a disorder of sex development and determined through genetic or biochemical testing that the individual does not have normal sex chromosome structure, sex steroid hormone production, or sex steroid hormone action;
• The treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of gender transition surgery or the prescription or administration of cross-sex hormones or puberty-blocking drugs; or
• Any procedure undertaken because the individual suffers from a physical disorder, physical injury, or physical illness that would (as certified by a physician) place the individual in imminent danger of death or impairment of a major bodily function unless surgery is performed. 

HEALTH CARE SERVICES IN CORRECTIONAL CENTERS OR COUNTY JAILS (Sections 208.152, 217.230, and 221.120) (Amend) – No Mo HealthNet payments shall be made for gender transition surgeries, cross-sex hormones, or puberty-blocking drugs, for the purpose of a gender transition.  Health care services in correctional centers or county jails shall not include gender transition surgery. 
 

HCS SCS SB 103 (Crawford) – Relating to judicial proceedings, with penalty provisions  
05/09/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

CONFIDENTIALITY OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360) (New) – see above CCS SB 28.

GUARDIANSHIPS AND CONSERVATORSHIPS (Section 475.040) (Amend) – A guardianship or conservatorship proceeding may be transferred to a court in another county if it appears to the court that at any time before the termination of the guardianship or conservatorship that the domicile (rather than the domicile or residence) of the ward or protectee has changed to another county. 

CONSERVATORS OR PERSONAL REPRESENTATIVES (Section 475.275) (Amend) – Provisions specific to the public administrator of Jackson County are repealed. 

The public administrator of any county serving as a conservator or personal representative and using and utilizing pooled accounts for the investing and management of estate funds shall have any such accounts examined on (at least) an annual basis by an independent certified public accountant. 

The examination shall:

• Compare the pooled account’s year-end bank statement and obtain the reconciliation of the pooled account from the bank statement to the fiduciary’s general ledger balance on the same day;
• Reconcile the total of individual accounts in the fiduciary’s records to the reconciled pooled account’s balance and note any difference;
• Confirm if collateral is pledged to secure amounts on deposit in the pooled amount in excess of Federal Deposit Insurance Corporation coverage; and
• Confirm the account balance with the financial institution.  

A public administrator using and utilizing pooled accounts shall certify by affidavit that the public administrator has met the statutory conditions for establishing a pooled account.

DISCLOSURE OF PERSONAL INFORMATION (Section 509.520) (Amend) – Notwithstanding any provision of law to the contrary, beginning August 28, 2023, pleadings, attachments, exhibits filed with the court in any case, as well as any judgments or orders issued by the court, or other records of the court shall not include the following confidential and personal identifying information: 

• The full Social Security number of any party or any child;
• The full credit card number, financial institution account number, personal identification number, or password used to secure an account of any party;
• The full motor vehicle operator license number;
• Victim information, including the name, address, and other contact information of the victim;
• Witness information, including the name, address, and other contact information of the witness;
• Any other full state identification number;
• The name, address, and date of birth of a minor and, if applicable, any next friend; or
• The full date of birth of any party (however, the year of birth shall be made available, except for a minor). 

The information listed above shall be provided in a confidential information filing sheet contemporaneously filed with the court or entered by the court, which shall not be subject to public inspection or availability. 

Nothing in this section shall preclude an entity including (but not limited to) a financial institution, insurer, insurance support organization, or consumer reporting agency that is otherwise permitted by law to access state court records from using a person’s unique identifying information to match such information contained in a court record to validate that person’s record. 

The Supreme Court of Missouri shall promulgate rules to administer this section.

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – Under section 595.209 (and section 32 of article I of the Constitution of Missouri), crime victims have certain rights, including the right to certain information or notifications.  Subsection 3 of this section is amended to provide that persons entitled to notice of certain events shall provide the appropriate person or agency with their electronic mail addresses or electronic mail addresses at which they wish notification to be given.  Furthermore, if notification utilizing the statewide automated crime victim notification system cannot be used, then written notification shall be sent by certified mail or electronic mail to the most current address or electronic mail address provided by the victim.  
 

HCS SS SCS SB 106 (Arthur) – Relating to public health, with an emergency clause for certain sections  
05/05/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28.

TRANSITIONAL BENEFITS – TANF AND SNAP (Section 208.035) (New) – see above CCS HCS SS SCS SBs 45 & 90.

TRANSITIONAL BENEFITS – CHILD CARE (Section 208.053) (Amend) – see above CCS HCS SS SCS SBs 45 & 90.

PUBLIC ASSISTANCE APPLICATIONS (Section 208.066) (New) – see above CCS HCS SS SCS SBs 45 & 90.

TICKET TO WORK HEALTH ASSURANCE PROGRAM (Section 208.146) (Amend) – see above CCS HCS SS SCS SBs 45 & 90.

MO HEALTHNET POSTPARTUM BENEFITS (Sections 208.151 and 208.662) (Amend) – see above CCS HCS SS SCS SBs 45 & 90.

OUT-OF-STATE MO HEALTHNET PAYMENTS (Section 208.186) (New) – see above CCS HCS SS SCS SBs 45 & 90.

MO HEALTHNET ELIGIBILITY REDETERMINATIONS (Section 208.239) (New) – see above CCS HCS SS SCS SBs 45 & 90.

CONFIDENTIALITY OF CERTAIN RECORDS INVOLVING CHILDREN (Section 210.1360) (New) – see above CCS SB 28.

CHILDHOOD LEAD POISONING (Sections 701.336, 701.340, 701.342, 701.344, and 701.348) (Amend) – see above SS HB 402

EMERGENCY CLAUSE (SECTION B) (New) – Sections 191.592, 208.151, and 208.662 shall be effective upon the passage and approval of HCS SS SCS SB 106 by the governor. 
 

CCS HCS SB 186 (Brown – 16) – Relating to public safety, with penalty provisions  
05/11/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

OFFICE OF CHILD ADVOCATE (Section 37.725) (Amend) – see above CCS SB 28.

REPORTING OF MISSING PERSONS (Sections 43.400 and 43.401) (Amend) – The definition of “missing child” or “missing juvenile” is amended to be any person who is under the age of eighteen years or who is in foster care, regardless of the person’s age, or who is an emancipated minor (as defined in section 302.178), a homeless youth (as defined in section 167.020), or an unaccompanied minor (as defined in section 210.121), whose temporary or permanent residence is in the state of Missouri or who is believed to be within the state of Missouri, whose location has not been determined, and who has been reported as missing to a law enforcement agency. 

Any agency or placement provider, parent, or guardian with the care and custody of a child who is missing shall file a missing child complaint with the appropriate law enforcement agency within two hours of determining the child to be missing.  The law enforcement agency shall immediately submit information as to the missing child to the National Center for Missing and Exploited Children (NCMEC), including certain statutorily required information.  The law enforcement agency shall institute a proper investigation and search for the missing child and maintain contact with the agency or placement provider making the missing child complaint.  The missing child’s entry shall not be removed from any database or system until the child is found or the case is closed. 

MISSOURI RAP BACK PROGRAM (Sections 43.539 and 43.540) (Amend) – see above CCS SB 28.

COURT FEES FOR SERVICE OF PROCESS (Sections 57.280 and 488.435) (Amend) – Under subsection 4 of section 57.280, any other person specially appointed to serve in a county shall execute and deliver to the circuit clerk, along with the confirmation of service, a signed and notarized affidavit of confirmation, made under penalty of perjury, that includes the amount, check number, and date of payment to evidence payment was made to the sheriff for the Deputy Sheriff Salary Supplementation Fund as required by subsection 4 of this section. 

Under subsection 5 of section 43.539, notwithstanding the provisions of subsection 3, the court clerk shall collect $10 as a court cost for service of any summons, write, subpoena, or other order of the court included under subsection 1 of this section if any person other than a sheriff is specially appointed to serve in a county that receives funds under section 57.278.  The moneys received by the court clerk shall be paid into the county treasury and the county treasurer shall make such moneys payable to the State Treasurer.  The State Treasurer shall deposit the moneys in the Deputy Sheriff Salary Supplementation Fund.   

N.B.: A list of recipient counties for Fiscal Year 2020 is available on the Department of Public Safety website.  This list is subject to change each fiscal year. 

Section 488.435 is amended to include an identical provision concerning the collection of the $10 as a court cost and its deposit in the Deputy Sheriff Salary Supplementation Fund. 

GRANDPARENT OR RELATIVE PLACEMENT PREFERRED IN EMERGENCY PLACEMENTS – DILIGENT EFFORTS SEARCH (Section 210.305) (Amend) – For purposes of section 210.305, concerning diligent searches for grandparents or relatives, the term “diligent search” is amended to include (but not be limited to): 

• Interviews with the child’s parent during the course of an investigation, while child protective services are provided, and while such child is in care;
• Interviews with the child;
• Interviews with identified grandparents or relatives throughout the case;
• Interviews with any other person who is likely to have information about the identity or location of the person being sought;
• Comprehensive searches of databases available to the Children’s Division;
• Appropriate inquiry during the course of hearings in the case; and
• Any other reasonable means that are likely to identify grandparents, relatives, or other persons who have demonstrated an ongoing commitment to the child.  

Furthermore, the Children’s Division shall continue the search for the relative or relatives until the division locates the relative or relatives of the child for placement, for six months following the child’s out-of-house placement, or the court excuses further search, whichever occurs first.  The Department of Social Services shall resume search efforts if the court orders it, a change in the child’s placement occurs, or a party shows that continuing the search is in the best interests of the child. 

Within thirty days from the date the child was removed from the child’s home, or as otherwise required by the court, and at each periodic review hearing, the Children’s Division shall file with the court information regarding attempts made under this section, including:

• A detailed narrative explaining the division’s efforts to find and consider each potential placement and the specific outcome;
• The names of and relevant information about grandparents and relatives of the child;
• Steps taken by the division to locate and contact grandparents and relatives of the child;
• Responses received from grandparents and relatives of the child;
• Dates of each attempted or completed contact with a grandparent or relative of the child;
• Reasons why a grandparent or relative of the child was not considered for emergency or permanent placement of the child; and
• All efforts for placement of the child through an interstate compact agreement under section 210.620, including:
  • The names of grandparents or relatives of the child who were considered for an interstate placement;
  • Any pending placement of the child through an interstate compact agreement; and
  • All potential out-of-state placements outside of an interstate compact agreement and the reasons such placements have not been initiated. 

If an out-of-state placement option exists and the division has failed to file a request with the receiving state under the requirements of an interstate compact agreement under section 210.620, the court shall enter a finding that the division has not made a due diligence search and shall order the division to file a request with the receiving state under the terms of the interstate compact. 

All grandparents or relatives to the child identified in a diligent search, subject to exceptions due to family or domestic violence or other safety concerns, shall be provided with notice (by certified mail as appropriate) that includes (but is not limited to):

• A specification that an alleged dependent child has been or is being removed from his or her parental custody;
• An explanation of the options a grandparent or relative has to participate in the care and placement of the alleged dependent child and any options that may be lost by failing to respond to the notice;
• A description of the process for becoming a licensed foster family home and the additional services and supports available for children placed in approved foster homes;
• A description of any financial assistance for which a grandparent or relative may be eligible; and
• An explanation that any response received after thirty days or willful failure to respond upon receiving a notice may result in the grandparent or relative of the child not being considered for placement. 

If a grandparent or relative entitled to notice under this section fails to respond to the division, responds and declines to be considered for placement for the child, or is otherwise presently prevented from being considered as placement for the child and later petitions the court for a change in placement, such person shall provide evidence that such change is in the best interests of the child. 

RELATIVES OF CHILD SHALL BE GIVEN FOSTER HOME PLACEMENT, WHEN – ORDER OF PREFERENCE – SPECIFIC FINDINGS REQUIRED (Section 210.565) (Amend) – As used in section 210.565, the term “relative” is amended to state that a foster parent or kinship caregiver with whom a child has resided for nine months or more is a person who has a close relationship with the child. 

In addition, the order or preference for placement of a child is amended as follows:

• Grandparents;
• Adult siblings or parents of siblings;
• Relatives; and
• Any foster parent who is currently licensed and capable of accepting placement of the child. 

The distinction between relatives related by blood or affinity within the third degree and other relatives is repealed. 

If the court finds that it is contrary to the best interest of a child to be placed with grandparents or other relatives, the court shall make specific findings on the record detailing the reasons why the best interests of the child necessitate placement with persons other than grandparents or other relatives.  Absent evidence to the contrary, the court may presume that continuation of the child’s placement with his or her current caregivers is in the best interests of the child. 

REPORTING OF MISSING CHILDREN IN THE CARE AND CUSTODY OF THE CHILDREN’S DIVISION (Section 210.795) (New) – A child in the care and custody of the Children’s Division whose physical whereabouts are unknown to the division, the child’s physical custodian, or contracted service providers shall be considered missing.  The case manager or placement provider shall immediately inform a law enforcement agency having jurisdiction and the National Center for Missing and Exploited Children (NCMEC) within two hours of discovery that the child is missing.  The case manager shall document the report number and any relevant information in the child’s record.  Within one week and monthly thereafter, the case manager shall maintain contact with the child’s family members, friends, school faculty, and service providers and with any other person or agency involved in the child’s case.  The case manager shall document ongoing efforts to locate the child and continue contacting law enforcement about the missing child and shall make quarterly reports to the court about the status of the child and efforts to locate the child. 

Within twenty-four hours of a report being made, the Department of Social Services shall inform and obtain information about the child’s disappearance from the child’s parents, known relatives, out-of-home caregivers, attorney, guardian or guardian ad litem, court appointed special advocate, juvenile officer, or Indian tribe, as applicable, or from any other person known to the department who may have relevant information regarding the child’s disappearance.  The department shall contact law enforcement every seven days and document the information provided and any information received. 

The Children’s Division shall not petition the court for a release of jurisdiction for the child or stop searching for the child while the child is missing until the child reaches the age of twenty-one. 

The Children’s Division shall maintain protocols, including appropriate training, for conducting ongoing searches for children missing from care.  The protocols shall include preventative measures to identify and mitigate risk to children who are at increased risk for running away or disappearing or of being victims of trafficking (as defined under section 566.200).  The division shall ensure that each child in the care and custody of the division has an updated photograph in the child’s record. 

When a child is located, the Department of Social Services shall:

• Inform all law enforcement agencies and organizations involved in the child’s case; and
• Have in-person contact with the child within twenty-four hours after the child is located to assess the child’s health, experiences, while absent, the appropriateness of the child returning to the child’s current placement, and the factors that contributed to the child’s absence.  

Any employee or contract with the Children’s Division, child welfare agencies, other state agencies, or schools shall inform the appropriate law enforcement agency and the National Center for Missing or Exploited Children (NCMEC) within twenty-four hours of becoming aware that any one of the following is missing:

• An emancipated minor (as defined in section 302.178);
• A homeless youth (as defined in section 167.020); or
• An unaccompanied minor (as defined in section 210.121).  

Within twenty-four hours of a missing child being found, the Children’s Division shall assess whether the child was a victim of trafficking and determine any factors that caused the child to go missing. 

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – see above HCS SCS SB 103.
 

SS SCS SBs 189, 36 & 37 (Luetkemeyer and Williams) – Relating to public safety, with penalty provisions  
05/10/2023 – Truly Agreed To and Finally Passed   
05/30/2023 – Presented to Governor   
Bill Text (TAFP)

Among other provisions: 

JURISDICTION OF JUVENILE COURTS (Section 211.031) (Amend) – Except as otherwise provided in chapter 211, the juvenile court or the family court shall have exclusive original jurisdiction in proceedings involving any child who is alleged to have violated a state law or municipal ordinance, or any person who is alleged to have violated a state law or municipal ordinance prior to attaining the age of eighteen years.  In such cases, jurisdiction may be taken by the court of the circuit in which the violation is alleged to have occurred, except if a juvenile officer transfers the case or the court grants a motion to transfer the case to the circuit in which the child or person resides. 

CERTIFICATION OF JUVENILES FOR TRIAL AS ADULTS

APPLICABLE AGE AND MANDATORY HEARING FOR CERTAIN OFFENSES (Section 211.071) (Amend) – The court may order a certification hearing if the petition alleges that a child between the ages of fourteen (rather than twelve) and eighteen committed an offense which would be considered a felony if committed by an adult.  The court shall order a certification hearing if the petition alleges that a child between the ages of twelve and eighteen has committed an offense which would be considered the following:

• First degree murder (section 565.020)
• Second degree murder (section 565.021)
• First degree assault (section 565.050)
• Forcible rape (section 566.030 as it existed prior to August 28, 2013)
• Rape in the first degree (section 566.030)
• Forcible sodomy (section 566.060 as it existed prior to August 28, 2013)
• Sodomy in the first degree (section 566.060)
• First degree robbery (section 569.020 as it existed prior to January 1, 2017)
• Robbery in the first degree (section 570.023)
• Distribution of drugs (section 195.211 as it existed prior to January 1, 2017)
• Manufacturing of a controlled substance (section 579.055)
• A dangerous felony (as defined in section 556.061); or
• Two or more prior unrelated offenses which would be felonies if committed by an adult. 

N.B.:  This legislation originally contained an emergency clause applicable to section 211.071, which would have made it effective upon approval by the governor, but the House of Representatives did not adopt the emergency clause.  Therefore, it will take effect on August 28, 2023.   

OFFICE OF STATES COURTS ADMINISTRATOR – COLLECTION OF INFORMATION RELATING TO PETITIONS TO CERTIFY JUVENILES (211.600) (New) – The Office of State Courts Administrator shall collect information related to the filing and disposition of petitions to certify juveniles pursuant to section 211.071, including the following:

• The number of certification petitions filed annually;
• The disposition of certification petitions filed annually;
• The offenses for which certification petitions are filed annually;
• The face of the juvenile for whom the certification petitions are filed annually; and
• The number of juveniles who have waived their right to counsel.  

CORRECTIONAL TREATMENT PROGRAMS FOR OFFENDERS EIGHTEEN YEARS OF AGE OR YOUNGER (Section 217.345) (Amend) – Correctional treatment programs for first offenders and offenders eighteen years of age or younger in the Department of Corrections shall be established, subject to the control and supervision of the director, and shall include such programs deemed necessary and sufficient for the successful rehabilitation of offenders. 

Programs established pursuant to this section shall include physical separation of offenders who are younger than eighteen years of age from offenders who are eighteen years of age or older and shall include educational programs that award a high school diploma or its equivalent. 

ELIGIBILITY FOR PAROLE FOR JUVENILES (Section 217.690) (Amend) – The provisions of subsection 6 of this section shall not apply to an offender found guilty of capital murder, murder in the first degree or murder in the second degree, when murder in the second degree is committed pursuant to subdivision (1) of subsection 1 of section 565.021, who was under eighteen years of age when the offender committed the offense or offenses who may be found ineligible for parole or whose parole eligibility may be controlled by section 558.047 or 565.033. 

DISCLOSURE OF PERSONAL INFORMATION (Section 509.520) (Amend) – see above HCS SCS SB 103.

STOP CYBERSTALKING AND HARASSMENT TASK FORCE (Section 565.258) (New) – The “Stop Cyberstalking and Harassment Task Force” is established to collect feedback from stakeholders (including victims, law enforcement, victim advocates, and digital evidence and forensics experts) to inform development of best practices regarding the treatment of victims of cyberstalking or harassment and actions to stop cyberstalking and harassment when it occurs.  On or before December 31st of each year, the task force shall submit a report on its findings to the governor and the General Assembly.  The task force shall expire on December 31, 2025, unless extended until December 31, 2027, as determined necessary by the Department of Public Safety. 

OFFENSE OF ENDANGERING THE WELFARE OF A CHILD - FIRST DEGREE (Section 568.045) (Amend) – The offense of endangering the welfare of a child in the first degree is amended to include (as prohibited conduct) knowingly encouraging, aiding, or causing a child less than seventeen years of age to engage in any conduct which violates the provisions of chapter 571 (weapons offenses). 

ELECTRONIC NOTIFICATION OF CRIME VICTIMS (Section 595.209) (Amend) – see above HCS SCS SB 103. 
 

2023 Legislative Dates to Remember

First Regular Session

Veto Session