June

2021

13:13 PM

America/Chicago

Legislative Update - June 3, 2021

On May 25, 2021, the General Assembly presented all remaining Truly Agreed legislation to Governor Parson for consideration and action. The deadline for gubernatorial action will be June 30, for appropriations bills, and July 14, for regular legislation. Below are summary highlights of Truly Agreed bills containing provisions relating to family law and juvenile law and courts.

Additional information about this year’s legislative session and Truly Agreed legislation will be published and updated on The Missouri Bar’s Legislative Engagement Center over the next few months.

FAMILY LAW / JUVENILE LAW AND COURTS

SB 71 (Gannon) – Relating to civil proceedings

Bill Text (TAFP – HCS/SS/SCS/SB 71)

INTERLOCUTORY APPEALS (Section 211.261) – A parent, guardian ad litem, or juvenile officer would be allowed an interlocutory appeal a from any order changing or modifying the placement of a child.

MODIFICATION OF CHILD CUSTODY DECREES (Section 452.410) – A prior child custody decree would be allowed to be modified by changing and adding intersectional references to current statutory provisions relating to child custody, visitation, and grandparent visitation.

PET PROTECTION ORDERS (Sections 455.045 and 455.050) – Full or ex parte, adult and child protection orders could be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. A protection order could include an order of possession of the pet, as well as any funds needed to cover the medical costs resulting from abuse of the pet. would define "Pet" would be defined as a living creature maintained by a household member for companionship and not for commercial purposes (Section 455.010).

DEFINITIONS OF “STALKING” AND “COURSE OF CONDUCT” (Section 455.010) – As relates to issuance of orders of protection, "stalking" and “course of conduct” would be redefined to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device.

ADULT ORDERS OF PROTECTION (Section 455.040) – If the court were to find, after an evidentiary hearing, that the respondent posed a serious danger to the physical or mental health of the petitioner or a minor household member, the protective order would be valid for at least two years and not more than ten years. The full order could be renewed annually for a period of at least 180 days and not more than one year from the expiration date of the previously issued order; except, in cases where the court found the respondent posed a serious danger to the petitioner or a minor household member, then the order could be renewed periodically and would be valid for at least two years and up to the life of the respondent. The court could include a provision that any full order of protection would be automatically renewed for any term of renewal.

If a court found that the respondent posed a serious risk to the petitioner or a minor household member, the court would not modify the order until a period of at least two years from the date of the original full order of protection was issued, and only after a hearing and having made written findings that the respondent had shown proof of treatment and rehabilitation and no longer posed a serious danger.

The court would be required to provide all the necessary information regarding the order of protection for entry into Missouri Uniform Law Enforcement System (MULES) and the National Crime Information Center (NCIC). The sheriff would then be required to enter the information into MULES within twenty-four hours. MULES would then forward that information to NCIC so that it would make the order viewable in the National Instant Criminal Background Check System (NICS).

HB 429 (Kelly) Relating to child placement, with existing penalty provisions

04/22/2021 – Signed by the Governor

Bill Text (TAFP – SS/SCS/HCS/HB 429)

ADOPTION TAX CREDIT (Sections 135.325 to 135.335, 135.800, and 191.975) – The “Special Needs Adoption Tax Credit Act”" would be renamed the “Adoption Tax Credit Act.” It would apply to any person who resides in Missouri and proceeds in good faith with the adoption of a child. Beginning January 1, 2022, this bill would remove the special needs and child’s residency (who is a resident or ward of a resident of this state) requirements for adoptions to be eligible for a tax credit. The tax credit is as follows: (1) a personal $10,000 nonrefundable tax credit for nonrecurring adoption expenses for each child, or (2) any business entity providing funds to an employee to enable that employee to proceed in good faith with the adoption is eligible to receive a tax credit of up to $10,000 for nonrecurring adoption expenses for each child. Only one $10,000 credit is available for each child that is adopted. This tax credit is capped at $6 million for a tax year.

Priority would be given to applications to claim the tax credit for special needs children who are residents or wards of residents of this state at the time the adoption is initiated. The word handicap would be replaced with disability, and special needs children are those with disabilities. A "child" would be defined as any individual under 18 years old, or over 18 but physically or mentally incapable of caring for themselves.

FOSTER CARE EXPENSE TAX DEDUCTION (Section 143.1170) – Beginning January 1, 2022, a taxpayer would be allowed a tax deduction for expenses incurred directly by the taxpayer in providing care as a foster parent. The amount of the deduction would be equal to the amount of expenses directly incurred by the taxpayer in providing care; provided that: (1) if care as a foster parent were provided for at least six months during the tax year, the total amount of the deduction claimed could not exceed $5,000 per taxpayer, or $2,500 per individual if married and filing separately; and (2) if care as a foster parent were provided for less than six months during the tax year, the maximum deduction limits would still apply, but the limits would be reduced on a pro rata basis. Each taxpayer claiming the deduction would be required to file an affidavit with their income tax return, affirming they were a foster parent and entitled to the deduction in the amount claimed on their tax return. The Department of Revenue would be required to collaborate with the Department of Social Services, Children's Division, to establish and implement a procedure to verify that a taxpayer claiming the deduction is a foster parent.

BIRTH MATCH PROGRAM - (Sections 193.075, 210.150, and 210.156) – The “Birth Match Program” would require data sharing between the Departments of Social Services, Children's Division, and the State Registrar's office to compare birth reports with reports of parents who had been convicted of certain crimes or had a termination of parental rights to ensure the child’s safety and to provide services, if needed. The State Registrar would be required to provide the birth record information of children born to such individuals to the Division. The Division would be required to verify the identity of the parent, and if so verified, then provide information regarding the birth of the child to the appropriate local office. Appropriate local Division personnel would then be required to, or make good faith effort to, initiate contact with the family to determine if there was a need for services. Local Division personnel would then provide such voluntary and time-limited services as appropriate. The Division would be required to document the results of such contact and services provided, if any, in its information system. Identifying information and records created and exchanged under this bill are to be closed records.

CHILD PLACEMENT (Sections 211.447, 453.014, 453.030, 453.040, and 453.070) – The age threshold for abandoned infant or abandoned child would be changed from one year or under to under three years old. The bill also would set a time frame of six months prior to a petition of termination of parental rights for consideration as willful, substantial, and continual neglect by the parent. Felonies would be added to the current felony chapters for which a parent, if guilty and the victim is a child, would lose parental rights. Parental rights also would be lost if the child had been in foster care for 15 out of the previous 22 months.

Persons who are granted with the authority to place minor children for adoption would be required to comply with the rules and regulations promulgated by the Children's Division within the Department of Social Services, and the Department of Health and Senior Services would no longer be involved in the rule promulgation process for placement. Further, the Children's Division within the Department of Social Service – as opposed to DSS, in general – would be given the responsibility to promulgate rules and regulations related to assessments of petitioners for adoption. Prospective adoptive parents would no longer be required to pay adoption legal fees for a birth parent, and the court would be allowed to determine if representation were needed for the birth parent in an adoption proceeding. The consent to adoption of a child would not be required if: (1) the parent willfully, substantially, and continuously neglected to provide the child with necessary care and protection for a period of sixty days when the child was under one year of age, or (2) if the child is two years of age or older at the time of filing a petition for termination of parental rights, the parent had willfully, substantially, and continuously neglected to provide the child with necessary care and protection for a period of six months immediately prior to the filing of the petition.

CHILD CUSTODY (Section 452.375) – When both parents have been deemed unfit and the court is determining third party custody priority, the court would be directed to award custody to a person related by consanguinity to the child.

HB 430 (Kelly) Relating to benevolent tax credits

04/22/2021 – Signed by the Governor

Bill Text (TAFP – SS/SCS/HCS/HB 430)

ADOPTION TAX CREDIT (Sections 135.325-135.335, 135.800, and 191.975) – The “Special Needs Adoption Tax Credit Act” would be renamed the “Adoption Tax Credit Act.” It would apply to any person who resides in Missouri and proceeds in good faith with the adoption of a child. Beginning January 1, 2022, this bill would remove the special needs and child’s residency (who is a resident or ward of a resident of this state) requirements for adoptions to be eligible for a tax credit. The tax credit is as follows: 1) a personal $10,000 nonrefundable tax credit for nonrecurring adoption expenses for each child, or 2) any business entity providing funds to an employee to enable that employee to proceed in good faith with the adoption is eligible to receive a tax credit of up to $10,000 for nonrecurring adoption expenses for each child. Only one $10,000 credit is available for each child that is adopted. This tax credit is capped at $6 million for a tax year.

Priority would be given to applications to claim the tax credit for special needs children who are residents or wards of residents of this state at the time the adoption is initiated. The word handicap would be replaced with disability, and special needs children are those with disabilities. A “child” would be defined as any individual under 18 years old, or over 18 but physically or mentally incapable of caring for themselves.

DOMESTIC VIOLENCE SHELTER TAX CREDIT (Section 135.550) – The tax credit for contributions to domestic violence shelters would be increased from in an amount equal to 50% to 70% of the contribution beginning July 1, 2022. The limit on the maximum annual amount of tax credits of $2 million in a fiscal year would be removed beginning July 1, 2022. “Rape crisis centers" would be added to the facilities to which taxpayers would be allowed to receive tax credits for their contributions.

MATERNITY HOME TAX CREDIT (Section 135.600) – The tax credit for contributions to maternity homes would be increased from in an amount equal to 50% to 70% of the contribution beginning July 1, 2022. The limit on the maximum annual amount of tax credits of $3.5 million in a fiscal year would be removed beginning July 1, 2022. The sunset provision, 12/31/24, would be removed.

HB 432 (Kelly) Relating to vulnerable persons, with penalty provisions and an emergency clause for a certain section

Bill Text (TAFP – SS/SCS/HS/HB 432)

House Bill 432 contained numerous new or amended statutory sections. Only those which may be relevant to family law are summarized below:

ALZHEIMER STATE PLAN TASK FORCE (Section 191.116) – The “Alzheimer's State Plan Task Force,” consisting of twenty-one members (including one member of the Missouri House of Representatives and one member of the Senate), would be established in the Department of Health and Senior Services. The Task Force would assess and maintain a state plan to overcome the challenges of Alzheimer's disease, including assessing the existing services and resources available for persons with Alzheimer's disease and their families. It also would identify opportunities for Missouri to coordinate with federal entities. The Task Force is directed to deliver a report to the Governor and General Assembly by June 1, 2022, and supplement the report annually thereafter. The Task Force would be set to expire on December 31, 2026.

MODIFICATION OF THE “JUSTICE FOR SURVIVORS ACT” (Sections 192.2520 and 197.135) – The statewide coordinator for the telehealth network for forensic examinations of victims of sexual offenses would be required to regularly consult with Missouri-based stakeholders and clinicians regarding the training programs offered by the network. The statewide coordinator also would be required to implement and operate the network. Network training programs would be required to be made available online and would be permitted to be offered in person. Providers would not be required to utilize the network training, so long as the training utilized by providers was, at a minimum, equivalent to the network's training. Licensed hospitals would be required to perform forensic examinations of victims of sexual offenses beginning January 1, 2023, or no later than 6 months after the establishment of the telehealth network, whichever is later. No individual hospital would be required to comply with these provisions unless and until the Department of Health and Senior Services had provided such hospital with access to the network for mentoring and training services without charge.

BIRTH MATCH PROGRAM (Sections 193.075, 210.150, and 210.156) – The "Birth Match Program" would require data sharing between the Departments of Social Services, Children's Division, and the State Registrar's office to compare birth reports with reports of parents who had been convicted of certain crimes or had a termination of parental rights to ensure the child’s safety and to provide services, if needed. The State Registrar would be required to provide the birth record information of children born to such individuals to the Division. The Division would be required to verify the identity of the parent, and if so verified, then provide information regarding the birth of the child to the appropriate local office. Appropriate local Division personnel would then be required to, or make good faith effort to, initiate contact with the family to determine if there was a need for services. Local Division personnel would then provide such voluntary and time-limited services as appropriate. The Division would be required to document the results of such contact and services provided, if any, in its information system. Identifying information and records created and exchanged under this bill are to be closed records.

EXTENSION FOR SNAP UTILIZATION (Section 208.018) – The program that allows the Supplemental Nutrition Assistance Program (SNAP) recipients to utilize local farmers' markets is extended to expire on August 28, 2027.

TRANSITIONAL CHILD CARE (Section 208.053) – By July 1, 2022, and subject to appropriations, the Children's Division is to implement a new pilot program in Jackson County, Clay County, and Greene County, designed to enable applicants to receive transitional child care benefits without first being eligible for full child care benefits, as long as the applicant's income falls within the income limits established through annual appropriations. The Division would be required to track the number of recipients in and the effectiveness of the program in encouraging recipients to secure employment with incomes greater than the maximum for full child care benefits. The Division would prepare a report regarding its findings and issued it to the General Assembly by September 1, 2023, and each September thereafter. Provisions relating to the establishment and utilization of a "Hand-Up Premium Fund" in the State Treasury would be repealed. Those premiums were collected under the previous pilot "Hand-Up" program, which has expired and was designed to ensure that certain participating recipients continued to receive child care subsidy benefits while paying a premium when their income surpassed the eligibility level for full benefits to continue. The provisions of this bill would expire August 28, 2024, unless reauthorized.

FARMERS' MARKET ELIGIBLE FOR WIC (Section 208.285) – The Department of Agriculture would be allowed to apply for a grant under the US Department of Agriculture Women, Infants and Children (WIC) Farmers' Market Nutrition Program to allow pregnant and postpartum women to obtain food at eligible farmers' markets.

FARM TO FOOD BANK PROJECT (Section 208.1060) – The Department of Social Services would be required to submit a state plan to the U.S. Department of Agriculture for a "Farm to Food Bank Project." DSS would be allowed to contract with any qualified food bank for the purpose of operating the project.

UNACCOMPANIED AND HOMELESS YOUTH (Sections 210.115 and 210.121) – The status of an unaccompanied and homeless youth seeking supportive services would not alone be a sufficient basis for reporting child abuse or neglect. “Supportive services" would include interventions, services, or resources necessary to assist unaccompanied youth, including food and shelter, counseling, case management, and legal services. An unaccompanied youth would be allowed to access supportive services as long as they were documented by a licensed mental health, counselor, or social worker. Persons who in good faith provided supportive services without permission from the youth's parent would be exempt from civil and criminal action.

CHILD AND ADULT FOOD PROGRAM (Section 210.251) – The State would be prohibited from adopting requirements that are stricter than federal regulations for participants in the program for at-risk children through the Child and Adult Food Program, 42 U.S.C. 1766. Child care facilities would not be required to be licensed child care providers to participate in such federal programs so long as minimum health and safety standards were met and documented.

CHILD CARE FACILITY INSPECTIONS (Section 210.252) – The responsibility for annual health inspections for all non exempt child-care facilities with more than six children would be transferred from the Department of Health and Senior Services to the Department of Elementary and Secondary Education.

NEWBORN SAFETY INCUBATOR (Section 210.950) – A newborn safety incubator would be added as a place a parent of a child up to 45 days old could voluntarily deliver a child with the intent not to return, without being prosecuted. The Department of Health and Senior Services would be authorized to promulgate rules relating to the “Safe Place for Newborns Act of 2002”.

CHILDREN IN THE CUSTODY OF THE STATE (Section 210.1225) – The Children's Division would be required to take physical custody of a child who is in the legal custody of the Division and who is hospitalized but no longer in need of medical care. If the Division failed to take physical custody of the child, then the Division would be required to reimburse the hospital at the same rate the hospital would receive per day for an inpatient admission. If the Division requested transportation of a child to an emergency room, the hospital to which the child was transported or any subsequent psychiatric hospital to which the child was transferred would be allowed to administer emergency psychiatric treatment.

MINOR'S RIGHT TO COUNSEL (Section 211.211) – If a child were to waive his or her right to counsel, such waiver would be required to be made in open court and be recorded and be in writing. In determining whether a child had knowingly, intelligently, and voluntarily waived his or her right to counsel, the court would be required to look to the totality of the circumstances. If a child waived his or her right to counsel, the waiver would only apply to that particular proceeding. A child's right to counsel could not be waived:

At a detention hearing under Missouri Supreme Court Rule 127.08;
At a certification hearing under section 211.071 or a dismissal hearing under Missouri Supreme Court Rule 129.04;
At an adjudication hearing under Missouri Supreme Court Rule 128.02 for any misdemeanor or felony offense, including the acceptance of an admission;
At a dispositional hearing under Missouri Supreme Court Rule 128.03; or
At a hearing on a motion to modify or revoke supervision under subdivision (2) or (3) of subsection 1 of section 211.031) unless the child had had the opportunity to meaningfully consult with counsel and the court had conducted a hearing on the record.

FOOD SECURITY TASK FORCE (Section 261.450) – The “Missouri Food Security Task Force” would be comprised of twenty-five member (including two members from the House of Representatives and two members from the Senate. The Task Force shall report a summary of its activities and recommendations to the Governor and the General Assembly before August 28th of each year, and shall terminate on December 31, 2023, or may be extended until December 31, 2025, as determined necessary by the Department of Agriculture.

WORK LEAVE FOR DOMESTIC OR SEXUAL VIOLENCE (Sections 285.625 and 285.670) – Any person employed by a public or private employer with at least 20 employees would be entitled to unpaid leave if the person, or a family or household member, were a victim of domestic or sexual violence. Permissible reasons for taking leave would include seeking medical attention, recovering from injury, obtaining victim services, obtaining counseling, participating in safety planning, and seeking legal assistance. If the employer employed at least 50 employees, such leave would be limited to 2 weeks per year. If the employer employed at least 20 but not more than 49 employees, such leave would be limited to one week per year. Employees would be required to give 48 hours-notice of the intent to take leave and could be required to provide certification to the employer that the leave was necessary. On return from leave, employees would be restored to the same or equivalent employment position and would not lose accrued benefits. Employers would be required to maintain health coverage for the employee while on leave, but the premium could be recovered if the employee did not return. Employers would be required to post a notice summarizing the requirements of these sections, and to keep it posted. The Director of the Department of Labor and Industrial Relations would be required to prepare the notice.

HEALTH BENEFIT COVERAGE FOR HEARING AIDS FOR CHILDREN (Section 376.1228) – Health benefit plans delivered, issued, continued, or renewed on or after January 1, 2022, would be required to cover at least those services for children under eighteen years of age for hearing aids which were covered for persons receiving benefits under MO HealthNet.

CHILD CUSTODY (Section 452.410) – A court would be prohibited from modifying prior child custody unless it had exclusive, continuing jurisdiction pursuant to section 452.745, RSMO. Modification of visitation rights could occur if the non-custodial parent’s the visitation would endanger the child (452.400). Grandparents visitation rights would be provided for in accordance with sections 452.402 and 452.403, RSMo

REGISTERED SEX OFFENDERS (Section 566.150) – Athletic complexes and fields used for children's recreation and the Department of Conservation nature or education centers would be added to the list of properties that a registered offender could not be within 500 feet of, unless the registered sex offender were the parent of a child participating in an educational program of the Department of Conservation and had permission to be on the property.

COMMISSION ON AUTISM SPECTRUM DISORDER (Section 633.200) – “Autism spectrum disorder" would be defined by the current Diagnostic and Statistical Manual of Mental Disorders. The "Missouri Commission on Autism Spectrum Disorders," to be housed in the Department of Mental Health, would be created. This commission, comprised of twenty-five members, would meet four times a year and would produce an “Autism Roadmap for Missouri”. The Autism Roadmap would include: outlined goals including a review of services, identification of needs, and recommendations for improvements. The commission would work in four phases, including:

Transitioning to adulthood for those living with autism spectrum disorders;

Early identification and intervention for those living with autism spectrum disorders;

Access to care for those living with autism spectrum disorders; and

Challenging behavior and crisis care for those living with autism spectrum disorders.

The commission would submit a report to the Director of the Department of Mental Health and the Governor upon completion of each phrase, and a final document summarizing all completed tasks and recommendations. The first phase would commence on January 1, 2022 and be completed by December 31st of the same year.

HB 557 (Veit) Relating to the protection of children, with penalty provisions and an emergency clause

Bill Text (TAFP – SS/HCS/HBs 557 & 560)

RESIDENTIAL CARE FACILITY NOTIFICATION ACT (Sections 210.1250 and 210.1253) – Residential care facilities would be defined as those receiving children who are not related to the operator and who provide supervision and care for 24-hours a day with or without transfer of custody.

NOTIFICATION REQUIREMENTS (Sections 210.1256, 210.1259, 210.1262, 210.1264, and 210.1265) – “Exempt from-licensure residential care facilities "would be required to notify the Department of Social Services (DSS) of their existence and compliance with provisions that protect the safety of the children in residence. These include: fire and safety inspections, local health department inspections, background checks, medical records for all residents, and information about schools serving the children.

EMPLOYEE ELIGIBILITY (Sections 210.493, 210.1263, and 210.1283) – Employees of residential care facilities would be required to have background checks and to be fingerprinted. The findings would be provided to the DSS and would be subject to the notification requirements of sections 210.1250 to 210.1286, RSMo. Fingerprints would be valid for 5 years. DSS would provide results of the background check to the applicant and to the facility or agency. Applicants would not be eligible for employment at the facility if, among other occurrences, the applicant were found to have made a materially false statement in connection with the background check, was a registered sex offender, had pled guilty or no lo contendere to or had been found guilty of certain felonies or misdemeanors, or had committed a felony drug-related offense during the preceding five years. If an applicant were aggrieved regarding the ineligibility decision, that applicant would have the right to appeal. A person who knowingly failed to complete a background check would be guilty of a class B misdemeanor.

ALLEGATIONS OF ABUSE OR NEGLECT (Sections 210.143, 210.1271, and 210.1280) – The courts would have the power to expand on orders to produce children in a facility if there were cause to believe there had been abuse or neglect. When there were allegations of abuse or neglect, DSS could petition a court for an order to present the child to a children’s division worker for an assessment of the child’s health, safety and well-being. Injunctive relief could be sought to cease operation of a residential care facility or remove a child from the facility to ensure the child’s health and safety. Such matter could be referred by the court to the juvenile officer of the appropriate county. In any case in which a referral was made to a juvenile officer for removal of a child, a referral could also be made to the Attorney General.

FAILURE TO NOTIFY (Section 210.1268) – DSS would be required to notify the facility of its failure to file notification. Failure to comply with stipulated the provisions could result in fines, misdemeanor charges for failure to conduct background checks, and potential removal of children.

RULES (Sections 210.1274 and 210.1286) – DSS is required to promulgate rules and regulations necessary to implement the Act. However, it is not permitted to regulate any religious program, curriculum, or ministry.

The bill includes an emergency clause for immediate implementation to protect children.

HB 685 (Chipman) Relating to certain public officers, with an existing penalty provision

Bill Text (TAFP – SCS/HCS/HB 685)

House Bill 685 contained numerous new or amended statutory sections. Only those which may be relevant to family law are summarized below:

MARRIAGE LICENSES – ONLINE PROCESS (Section 451.040) – Applicants for a marriage license could present an application for the license to the recorder of deeds in person or electronically through an online process. In the event a recorder of deeds utilized an online process and the applicants' identity has not been verified in person, the recorder would be required to have a two-step identity verification process or other process that verified the identity of the applicants. The recorder would not accept applications for or issue marriage licenses through an online process unless at least one of the applicants was a resident of the county in which the application was submitted.

SB 53 (Luetkemeyer) Relating to public safety with penalty provisions, a delayed effective date for certain sections and an emergency clause for certain sections.

Bill Text (TAFP – CCS/HCS/SS/SCS/SBs 53 & 60)

Senate Bill 53 contained numerous new or amended statutory sections. Only those which may be relevant to family law are summarized below:

EXPOSING OTHERS TO SERIOUS INFECTIOUS OR COMMUNICABLE DISEASES (Sections 191.677,545.940, 575.155, and 575.157) – The term HIV in current law would be replaced with “serious infection or communicable disease,” which is defined as a non-airborne or non-respiratory disease spread from person to person that is fatal or causes disabling long-term consequences in the absence of lifelong treatment and management. It would be unlawful for a person knowingly infected with a serious infectious or communicable disease to:

donate blood, organs, tissue, or sperm, unless for medical research or as deemed medically appropriate by a licensed physician;

knowingly expose another person to the disease through an activity that created a substantial risk of transmission; or

act in a reckless manner by exposing another person to the disease through an activity that created a substantial risk of disease transmission.

The penalty would be a class D felony, rather than the current class B felony. If the victim contracted the disease, it would be a class C felony, rather than the current class A felony. Recklessly exposing another person would result in a class A misdemeanor.

A person having been exposed to the disease and knowing the infected person was infected with the disease at the time of the exposure and having consented to the exposure would be an affirmative defense to the offense. Actions would be taken during a judicial proceeding to protect the identifying information of the victim and the defendant from public release.

Additionally, situations involving exposure of persons in correctional centers, jails, or certain mental health facilities to HIV or hepatitis B or C to exposure to a serious infectious or communicable disease when the nature of the exposure to the bodily fluid has been scientifically shown to be a means of transmission of the disease are to be treated similarly.

JUSTICE FOR SURVIVORS ACT (Sections 192.2520 and 197.135) – The statewide coordinator for the telehealth network for forensic examinations of victims of sexual offenses would be required to regularly consult with Missouri-based stakeholders and clinicians regarding the training programs offered by the network. The statewide coordinator also would be required to implement and operate the network. Network training programs would be required to be made available online and would be permitted to be offered in person. Providers would not be required to utilize the network training, so long as the training utilized by providers was, at a minimum, equivalent to the network's training. Licensed hospitals would be required to perform forensic examinations of victims of sexual offenses beginning January 1, 2023, or no later than 6 months after the establishment of the telehealth network, whichever is later. No individual hospital would be required to comply with these provisions unless and until the Department of Health and Senior Services had provided such hospital with access to the network for mentoring and training services without charge. Victims of sexual offenses who are 14 to 17 years of age could be referred by hospitals to SAFE CARE providers for medical or forensic evaluation and case review.

JURISDICTION OF JUVENILE COURT (Sections 211.012, 211.438, and 211.439) – For purposes of the law and jurisdiction of the juvenile court, a person is not to be considered a child if at the time of the alleged violation such person was considered an adult according to the then existing law. The provisions relating to the age of certification of a child as an adult would be repealed. This provision will be effective upon the governor’s signature.

JUVENILE DETENTION (Section 211.072) – A juvenile, under the age of 18, who had been certified to stand trial as an adult, if currently placed in a secure juvenile detention, would remain in juvenile detention, pending finalization of the judgment and completion of appeal, if any, of the judgment dismissing the juvenile petition to allow for prosecution under the general law, unless otherwise ordered by the juvenile court.

Upon any final judgment on appeal of the petition to dismiss prosecution of the juvenile under the general laws, and adult charges being filed, if the juvenile were currently in juvenile detention, the juvenile would remain in detention unless the juvenile posted bond or the juvenile were transferred to an adult jail.

If the juvenile officer did not believe detention in a secure juvenile detention facility would be an appropriate placement or would continue to serve as an appropriate placement, the juvenile officer could file a motion in the adult criminal case, requesting that the juvenile be transferred from juvenile detention to jail. The court would have to hear evidence relating to the appropriateness of the juvenile remaining in juvenile detention or being transferred to an adult jail. At the hearing, the juvenile, the juvenile's parents and counsel, the prosecuting attorney, and others, would have the opportunity to present evidence and recommendations.

Following the hearing, the court would have to order either that the juvenile continue to be held in a secure juvenile detention facility or the pre-trial certified juvenile be held in an adult jail. The court could do this only after it had made findings that it would be in the best interest of justice to move the pre-trial certified juvenile to an adult jail. The court would have to weigh certain stipulated factors when deciding whether to detain a certified juvenile in an adult jail. In the event the court found that it would be in the best interest of justice to require the certified juvenile to be held in an adult jail, the court would have to hold a hearing once every 30 days to determine whether the placement of the certified juvenile in an adult jail was still in the best interest of justice.

A juvenile could not be held in an adult jail for more than 180 days unless the court found, for good cause, that an extension was necessary, or the juvenile waived the 180-day maximum period.

Effective December 21, 2021, all previously certified, pre-trial juveniles, under the age of 18, who had been certified prior to August 28, 2021 are to be transferred from adult jail to a secure juvenile detention facility, unless a court, after hearing, found it would be in the best interest of justice to keep the juvenile in the adult jail. All certified juveniles who were held in adult jails would continue to be subject to the protections of the Prison Rape Elimination Act (PREA) and would have to be physically separated from adult inmates.

If the certified juvenile remained in juvenile detention, the juvenile officer could file a motion to reconsider placement and a hearing would be held. The court could amend its earlier order in light of the evidence and arguments presented at the hearing if the court found that it would not be in the best interest of justice for the juvenile to remain in a juvenile detention facility.

The issue of setting or posting bond would be held in the pre-trial certified juvenile's adult criminal case.

Upon attaining the age of 18 or upon conviction on the adult charges, the juvenile would be transferred from juvenile detention to the appropriate adult facility. Any responsibility for transportation of the certified juvenile who remained in a secure juvenile detention facility would be handled in the same manner as in all other adult criminal cases where the defendant were in custody.

DIVISION OF YOUTH SERVICES (Section 211.181) – No court would require a child to remain in the custody of the Division of Youth Services for a period which exceeds the child's nineteenth birth date except upon a petition filed by the Division of Youth Services.

This provision goes into effect upon the Governor’s signature.

JUVENILE WAIVER OF RIGHT TO COUNSEL (Section 211.211) – If a child were to waive his or her right to counsel, such waiver would be required to be made in open court and be recorded and be in writing. In determining whether a child had knowingly, intelligently, and voluntarily waived his or her right to counsel, the court would be required to look to the totality of the circumstances. If a child waived his or her right to counsel, the waiver would only apply to that particular proceeding. A child's right to counsel could not be waived:

At a detention hearing under Missouri Supreme Court Rule 127.08;
At a certification hearing under section 211.071 or a dismissal hearing under Missouri Supreme Court Rule 129.04;
At an adjudication hearing under Missouri Supreme Court Rule 128.02 for any misdemeanor or felony offense, including the acceptance of an admission;
At a dispositional hearing under Missouri Supreme Court Rule 128.03; or
At a hearing on a motion to modify or revoke supervision under subdivision (2) or (3) of subsection 1 of section 211.031) unless the child had had the opportunity to meaningfully consult with counsel and the court had conducted a hearing on the record.

JUVENILE JUSTICE PRESERVATION FUND (Section 211.435) – The “Juvenile Justice Preservation Fund” that currently exists in the State Treasury would be revised such that a Juvenile Justice Preservation Fund would be established in each county's circuit court to implement and maintain the expansion of juvenile court jurisdiction to 18 years of age. The surcharge collected on traffic violation and other donations or appropriation would be payable to the county circuit court rather than to the State Treasury. Such funds currently held by the State Treasurer would revert to the circuit court's fund in the county of origination. Expenditures from the individual county juvenile justice funds would made at the discretion of the juvenile department for the circuit court. However, such fund could not be expended for capital improvements or to replace or reduce the responsibilities of the county or state to provide funding for juvenile treatment services. This provision takes effect upon the governor’s signature.

ALTERNATIVE SENTENCING (Sections 217.777 and 559.120) – The Department of Corrections would administer a community corrections program to encourage the establishment of local sentencing alternatives for offenders to promote opportunities for nonviolent primary caregivers to care for their dependent children.

HEAD START BUSES (Section 304.050) – Head Start buses that are certified by the Highway Patrol as meeting certain inspection requirements, operated by the holder of a validly-endorsed commercial driver's license who meets certain medical requirements, and transporting students to and from Head Start would be included in the statute regarding traffic control for school bus loading, stopping, and passing purposes.

CHILD CUSTODY ORDERS (Section 452.410) – A court would be prohibited from modifying prior child custody unless it had exclusive, continuing jurisdiction pursuant to section 452.745, RSMO. Modification of visitation rights could occur if the non-custodial parent’s the visitation would endanger the child (452.400). Grandparents visitation rights would be provided for in accordance with sections 452.402 and 452.403, RSMo.

OFFENSE OF STALKING (Section 455.010) – As relates to issuance of orders of protection, “stalking” would be redefined to mean two or more acts that serve no legitimate purpose including, but not limited to, acts in which the stalker directly, indirectly, or through a third party follows, monitor, observes, surveils, threatens, or communicates to a person by any action, method, or device

ORDERS OF PROTECTION (Sections 455.010, 455.032, 455.040, 455.045, 455.050, 455.513, 455.520, and 455.523) – Adult and child protection orders, full or ex parte, could be granted to restrain or enjoin an individual from committing or threatening to commit abuse against a pet. The protection order could include an order of possession of the pet where appropriate, as well as any funds needed to cover the medical costs resulting from its abuse. A "pet" is a living creature maintained by a household member for companionship and not for commercial purposes.

If the court were to find, after an evidentiary hearing, that the respondent posed a serious danger to the physical or mental health of the petitioner or a minor household member, the protective order would be valid for at least two years and not more than ten years. The full order could be renewed annually for a period of at least 180 days and not more than one year from the expiration date of the previously issued order; except, in cases where the court found the respondent posed a serious danger to the petitioner or a minor household member, then the order could be renewed periodically and would be valid for at least two years and up to the life of the respondent. The court could include a provision that any full order of protection would be automatically renewed for any term of renewal.

GUARDIANSHIP OF A PERSON (Section 475.120) – A guardian would be entitled to make decisions regarding the adult ward's support, care, education, health, and welfare. A guardian would exercise authority only as necessitated by the adult ward's limitations and would encourage the adult ward to participate in decisions.

SPECIAL VICTIMS (Section 565.058) – Any special victim, as defined by law would not be required to reveal any current address or place of residence except to the court in camera for the purpose of determining jurisdiction and venue. Additionally, any special victim could file a petition with the court alleging assault in any degree by using his or her identifying initials instead of his or her legal name if said petition alleged that he or she would be endangered by such disclosure.