Legislative Update: Constitutional amendments approved, new legislative leadership
Legislative Update: 2022 ballot measures
Legislative Update: Extraordinary session concludes, governor signs bills
Legislative Update: Upcoming new family and juvenile laws
The General Assembly will reconvene on Wednesday, September 14, 2022, for its annual session to reconsider vetoed bills. The governor has communicated his intent to call an extraordinary session of the General Assembly to consider broad changes to state tax law (including income tax cuts) and to extend the expiration date for certain agricultural tax credits beyond the two years proposed by the General Assembly. Unless the legislation itself provides otherwise, the effective date for the 2022 legislation signed by the governor will be August 28, 2022. This week’s Legislative Update features highlights of enacted legislation relating to family law and juvenile law. Updates in the month of August will also focus on enacted legislation in particular practice or subject areas. A complete breakdown of the 2022 Truly Agreed To and Finally Passed Legislation will be available to members of The Missouri Bar in the August issue of the Legislative Digest (prior to August 28, 2022).
FAMILY LAW AND JUVENILE LAW
Most of the bills listed below contained numerous new or amended statutory sections. Only those which may be relevant to family law or juvenile law are summarized below:
CCS#2 HCS SS SCS SBs 681 & 662 (O’Laughlin) – Relating to elementary and secondary education, with an emergency clause for certain sections and an effective date for a certain section
05/12/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
07/01/2022 – Signed by Governor
DISCIPLINE, WRITTEN POLICY ESTABLISHED BY LOCAL BOARDS OF EDUCATION – CONTENTS – REPORTING REQUIREMENTS – SPANKING NOT CHILD ABUSE, WHEN – SUPERINTENDENT NOTIFIED OF REPORTS OF ABUSE TO THE CHILDREN'S DIVISION. (Section 160.261) (Amend) – Each local school board of education is required to clearly establish a written policy of discipline, including the district’s determination on the use of corporal punishment and the procedures under which punishment will be applied. No pupil shall be subject to corporal punishment procedures outlined in the policy without notification to a parent or guardian and written permission from the parent or guardian for the corporal punishment. In the context of school discipline, spanking or the use of reasonable force to protect persons or property is not abuse within the meaning of chapter 210. However, the provision stating that the Children’s Division shall not have jurisdiction over or investigate any report of alleged child abuse arising out of or related to spanking or the use of reasonable force to protect persons or property is repealed. In addition, several subsections relating to how a school and school district are to handle reports of alleged sexual misconduct or child abuse are repealed.
YOUTH SUICIDE AWARENESS AND PREVENTION POLICY, REQUIREMENTS — MODEL POLICY, FEEDBACK — PUPIL ID CARDS, SUICIDE AND CRISIS LIFELINE DIALING CODE TO BE PRINTED ON (Section 170.048) (Amend) – Beginning July 1, 2023, a public or charter school that serves any pupils in grades seven to twelve and that issues pupil identification cards shall have printed on either side of the cards the three-digit dialing code (988) that directs calls and routes text messages to the Suicide and Crisis Lifeline. A public school or charter school subject to these requirements with a supply of unissued pupil identification cards shall issue those cards until its supply is depleted.
SS SCS SB 683 (O’Laughlin) – Relating to child care, with penalty provisions and an emergency clause for a certain section
05/13/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
07/01/2022 – Signed by Governor
PROGRAM AUTHORITY TRANSFERS (Sections 208.044, 208.046, 208.053, 210.027, 210.102, 210.203, 210.211, 210.221, 210.223, 210.231, 210.241, 210.245, 210.251, 210.252, 210.254, 210.255, 210.256, 210.258, 210.275, and 210.1007) (Amend) – In statutes relating to child day care services, child care assistance, and child care facility licensing, various duties and responsibilities are transferred from the Department of Social Services and the Department of Health and Senior Services to the Department of Elementary and Secondary Education, consistent with Executive Order 21-02 creating the Office of Childhood within the Department of Elementary and Secondary Education.
DILIGENT SEARCH FOR BIOLOGICAL PARENTS REQUIRED, WHEN (Section 210.127) (Amend) – If the location or identity of the biological parent(s) of a child in the custody of the Children’s Division is unknown or immediately following the removal of a child from a home and placement in the custody of the division, the Children’s Division shall conduct an active, thorough, and timely diligent search for the parent(s), including obtaining information from any known parent or relative.
DEFINITIONS – CHILD CARE FACILITY LICENSING (Section 210.201) (Amend) – For purposes of sections 210.201 to 210.257 (child care facility licensing), the term “day camp” is defined, and the term “summer camp” is amended.
LICENSE REQUIRED — EXCEPTIONS — WRITTEN NOTICE OF LICENSURE STATUS, WHEN — EXEMPTIONS FROM MAXIMUM CHILDREN (Section 210.211 and Section B) (Amend) – In addition to those facilities already exempt, nothing in sections 210.203 to 210.245 shall apply to any day camp that is conducted in good faith primarily to provide recreation or any business that operates a child care program for the convenience of its customers or its employees if certain conditions are met.
Every child care facility shall disclose the licensure status of the facility to the parents or guardians of children for which the facility provides care. A parent or guardian utilizing an unlicensed child care facility shall sign a written notice indicating that the parent or guardian is aware of the unlicensed status of the facility.
The number of children counted toward the maximum number of children for which a family child care home is licensed under section 210.221 shall not include up to two children who are five years of age or older and who are related within the third degree of consanguinity or affinity to, adopted by, or under court-appointed guardianship or legal custody of a child care provider who is responsible for the daily operation of the licensed family child care home. If more than one member of a legal entity is responsible for the daily operation of the family child care home, then the related children of only one such member shall be excluded. A family child care home caring for children not counted in the maximum number shall disclose this to the parents or guardians on the required written notice or a separate notice. Nothing in this section shall prevent the Department of Elementary and Secondary Education from enforcing existing licensing regulations under chapter 210, including (but not limited to) supervision requirements and capacity limitations based on the amount of child care space available.
This section became effective on July 1, 2022, upon passage and approval.
EXEMPT FROM LICENSURE, WHEN (Section 210.278) (Amend) – Neighborhood youth development programs shall be exempt from the child care licensing provisions under chapter 210, as long as (in addition to other statutory requirements) the program provide activities designed for recreational, educational, and character building purposes for children five (rather than six) to eighteen (rather than seventeen) years of age.
GRANDPARENT OR RELATIVE PLACEMENT PREFERRED IN EMERGENCY PLACEMENTS — DEFINITIONS — DILIGENT EFFORTS SEARCH, WHEN (Section 210.305) (Amend) – When an initial emergency placement of a child is deemed necessary, the Children’s Division shall immediately begin a diligent search to locate, contact, and place the child with a grandparent or grandparents or a relative or relatives of the child, subject to subsection 3 of section 210.565 regarding preference of placement, except when the Children’s Division determines that placement with a grandparent or grandparents or a relative or relatives is not in the best interest of the child and subject to the provisions of section 210.482 regarding background checks for emergency placements. The Children’s Division shall document in writing the reason for denial and shall have just cause to deny the emergency placement. A diligent search shall be made to locate, contact, or notify the grandparent or grandparents of the child within three hours from the time the emergency placement is deemed necessary for the child. A diligent search shall be made to locate, contact, and notify a relative or relatives of the child within thirty days from the time the emergency placement is deemed necessary. The Children’s Division shall continue the search for other relatives until it locates relatives of the child for placement or the court excuses further action. Search progress for grandparents or relatives shall be reported at each court hearing until either the grandparents or relatives are located or the court excuses further search.
RELATIVES OF CHILD SHALL BE GIVEN FOSTER HOME PLACEMENT, WHEN (Section 210.565) (Amend) – Whenever a child is placed in a foster home and the court has determined that foster home placement with relatives is not contrary to the best interest of the child, the Children’s Division shall give foster home placement to relatives of the child. Notwithstanding any rule of the Children’s Division to the contrary, the Children’s Division shall complete a diligent search to locate and notify the grandparents, adult siblings, parents of siblings of the child, and all other relatives and determine whether they wish to be considered for placement of the child.
BACKGROUND CHECKS REQUIRED — DEFINITIONS — PROCEDURE — INELIGIBLE FOR EMPLOYMENT, WHEN — EXEMPTION, WHEN — EMERGENCY RULES — INAPPLICABILITY, WHEN (Section 210.1080) (Amend) – For purposes of this section, the term “child care staff member” shall include individuals residing in a home where child care is provided who are eighteen years of age or older or individuals residing in a home where child care is provided who are under eighteen years of age and have been certified as an adult for the commission of an offense.
Prior to the employment or presence of a child care staff in a licensed, license-exempt, or unlicensed registered child care facility, the child care provider shall request the results of a criminal background check for the child care staff from the Department of Elementary and Secondary Education. A prospective child care staff member may begin work for a child care provider after receiving the qualifying result of either a Federal Bureau of Investigation fingerprint check or a search of the Missouri criminal registry or repository with the use of fingerprints, pending completion of the criminal background check, provided the prospective child care staff member is supervised by a qualified child care staff member.
The provision establishing a Child Care Background Screening Review Committee is repealed.
Nursery Program To Be Established, Purpose – Definitions (Section 217.940) (New) – No later than July 1, 2025, subject to appropriations, the Department of Corrections shall establish a correctional center nursery in one or more of the correctional centers for women operated by the department. The program shall allow eligible inmates and children born from them while in the custody of the department to reside together in the institution for up to eighteen months post-delivery. Neither the inmate’s participation in this program nor any provision of sections 217.940 to 217.947 shall affect, modify, or interfere with the inmate’s custodial rights to the child nor does it establish legal custody of the child with the Department of Corrections. For purposes of sections 217.940 to 217.947, the following terms are defined:
- “Correctional center nursery program”
- “Public assistance”
Eligibility, Placement, and Program Capacity (Section 217.941) (New) – An inmate is eligible to participate in the Correctional Center Nursery Program if the inmate:
- Delivers the child while in the custody of the Department of Corrections;
- Is expected to give birth or gives birth on or after the date the program is implemented;
- Has a presumptive release date established by the Parole Board of eighteen months or less from the date the inmate applies to participate in the program;
- Has not pled guilty to or been convicted of a dangerous felony (section 556.061);
- Has not pled guilty to or been convicted of any sexual offense contained in chapter 566 where the victim of the crime was a minor;
- Has not pled guilty to or been convicted of an offense against the family contained in chapter 568, excluding criminal nonsupport; and
- And the child meet any other criteria established by the Department of Corrections.
Placement is the program shall be by internal classification of the Department of Corrections. A sentencing court is without jurisdiction to order a placement of an inmate into the program. The department shall determine program capacity.
Upon first release of the mother and child, the child shall not be eligible to return to the program if the mother is revoked or receives a new assignment to the Department of Corrections.
Written Agreement, Contents – Program Policy Required (Section 217.942) (New) – To participate in the program, each eligible inmate selected by the department shall agree in writing to:
- Comply with all department policies, procedures and other requirements related to the program, and rules that apply to all incarcerated offenders generally;
- Have child who is eligible participate in the state Children’s Health Insurance Program (sections 208.631 to 208.658);
- Abide by any court decisions regarding the allocation of parental rights and responsibilities with respect to the child; and
- Specify with whom the child is to be placed in the event the inmate’s participation in the program is terminated for a reason other than release from imprisonment.
Termination of Participation, When (Section 217.943) (New) – The Department of Corrections may terminate an inmate’s participation in the program if one of the following occurs:
- The inmate fails to comply with the written agreement;
- The inmate violates an institutional rule that results in alternative housing placement outside of the area designated for the program;
- The inmate’s child becomes seriously ill, cannot receive the necessary medical care, or otherwise cannot safely participate in the program;
- A court of competent jurisdiction grants custody of the child to a person other than the inmate;
- A court of competent jurisdiction issues an order regarding the child granting temporary, permanent, or legal custody of the child to a person other than the inmate, or to a public children services agency or private child placing agency; or
- The inmate is released from imprisonment.
Child Support Payments, Collected and Deposited – Monetary Donations to Program Permitted (Section 217.944) (New) – The Division of Child Support Enforcement shall collect support payments made pursuant to the assignment and forward them to the Department of Corrections for deposit into the inmate’s inmate banking account. The Department of Corrections may accept monetary and property donations on behalf of the program, but all donations shall be used solely for any expense relating to the operation and maintenance of the program. No donations of property shall be made on behalf of a particular inmate or child to be used while incarcerated. Financial donations, public assistance, or support for a specific inmate or child shall be made through the inmate banking system.
Correctional Center Nursery Program Fund Created, Use of Moneys (Section 217.945) (New) – A Correctional Center Nursery Program Fund is created, which shall consist of money collected under this section and section 217.944 and any appropriations made by the General Assembly, for use operating and maintaining the Correctional Center Nursery Program.
Regulation and Oversight By Other Agencies Subject to Department Consent (Section 217.946) (New) – Notwithstanding any other provision of law to the contrary, neither the Correctional Center Nursery Program nor the Department of Corrections shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, the Department of Social Services, the Children’s Division, the juvenile officer of any jurisdiction, or the Office of Childhood, unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.
Sovereign Immunity in Effect – Program Not a Waiver, Not Considered a Dangerous Condition (Section 217.947) (New) – The operation of a Correctional Center Nursery Program and the presence of children of inmates participating in the program shall not be considered a dangerous condition that would result in a waiver of sovereign immunity under section 537.600. The sovereign immunity provisions of section 537.600 and any other statute regarding the sovereign immunity of the state or public entities in existence as of August 28, 2022, shall remain in effect and shall be applied in the same manner as such provisions were applied prior to the establishment of the program.
LICENSURE THROUGH DEPARTMENT OF HEALTH AND SENIOR SERVICES REQUIRED, WHEN (Section 210.199) (Repealed) – The requirement that a grant applicant offering early childhood development, education or care programs, and receiving funds from the Department of Elementary and Secondary Education, be licensed by the Department of Health and Senior Services prior to opening of the facility is repealed.
CCS HCS#2 SB 710 (Beck) – Relating to health care, with penalty provisions and an emergency clause for a certain section
05/13/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/30/2022 – Signed by Governor
“WILL’S LAW” – DEFINITIONS – EPILEPSY OR SEIZURE DISORDER, INDIVIDUAL EMERGENCY HEALTH CARE PLAN, REQUIREMENTS – IMMUNITY FROM LIABILITY, WHEN (Section 167.625) (New) – Upon notification by a parent of a student who seeks epilepsy or seizure disorder care while at school, the school nurse shall develop an individualized health care plan and an individualized emergency health care plan for the student. Such plan shall be developed in consultation with a student’s parent or guardian and appropriate medical professionals. It shall address procedural guidelines and specific directions for particular emergency situations relating to the student’s epilepsy or seizure disorder. The individualized plan shall be updated before the beginning of each school year (and as necessary); the parent shall annually provide to the school written authorization for the provision of epilepsy or seizure disorder care as described in the plan. Notice must be given to any school employee that may interact with the student. The notice must include symptoms of the epilepsy or seizure disorder, and any medical and treatment issues that may affect the educational process.
The school nurse, school administrator, or a designee shall coordinate the provision of epilepsy and seizure disorder at the school and ensure that all school employees are training every two years in the care of students with epilepsy and seizure disorder, including an online or in-person course of instruction approved by the Department of Health and Senior Services. School personnel shall obtain a release from a student’s parent authorizing the sharing of medical information with other school employees as necessary.
No school employee (including, but not limited to, a school nurse, a school bus driver, a school bus aide, or any other officer or agent of a school) shall be held liable for any good faith act or omission consistent with the provisions of this section. No action before the State Board of Nursing shall lie against a school nurse for any action taken by a school employee trained in good faith by the school nurse under this section. “Good faith” shall not be construed to include willful misconduct, gross negligence, or recklessness.
Pursuant to the emergency clause, this section took effect on June 30, 2022.
COMPASSIONATE CARE VISITATION ACT – CITATION OF LAW – DEFINITIONS – COMPASSIONATE CARE VISITS TO BE PERMITTED, POLICY – LIMITATIONS – INFORMATIONAL MATERIALS – VIOLATIONS MAY BE REPORTED – IMMUNITY FROM LIABILITY, WHEN (Section 191.1400) (New) – This section shall be known as and may be cited as the “Compassionate Care Visitation Act.” For purposes of this section, the following terms are defined
- “Compassionate care visitor”
- “Compassionate care visit”
- “Health care facility”
A health care facility shall allow a patient or resident (or their legal guardian) to permit at least two compassionate care visitors simultaneously to have in-person contact with the patient or resident during visiting hours. Compassionate care visitation hours shall be no less than six hours daily (including evenings, weekends, and holidays). Health care facilities shall be permitted to place additional restrictions on children under the age of fourteen who are compassionate care visitors. Health care facilities shall have a visitation policy that includes minimum statutory standards. This section shall not affect any obligation of a health care facility to (1) provide patients or residents with effective communication supports or other reasonable accommodations to assist in remote personal contact and (2) comply with the provisions of the Americans with Disabilities Act of 1990. A health care facility may limit:
- the number of visitors per patient or resident at one time based on the size of the building and physical space;
- movement of visitors within the health care facility;
- access of any person to a patient at the request of the patient or resident (or their legal guardian); at the request of law enforcement; due to a court order; to prevent disruption of care; during the administration of emergency care in critical situations; if the person has measurable signs and symptoms of a transmissible infection; if the health care facility has reasonable cause to suspect the person of being a danger or otherwise contrary to the health or welfare of the patient or resident, other patients or residents, or facility staff; or
- If (in the clinical judgment of the attending physician of the patient or resident) the presence of visors would be medically or therapeutically detrimental to the health or life of the patient.
Nothing in this section shall:
- Limit a health care facility from limiting or redirecting visitors of a patient or resident in a shared room to ensure the health and safety of the patients or residents;
- Be construed to prohibit health care facilities from adopting reasonable safety or security restrictions or other requirements for visitors; and
- Be construed to waive or change the rights of long-term care facility residents under sections 198.088 and 198.090.
By January 1, 2023, the Department of Health and Senior Services shall develop informational materials for patients, residents, and their legal guardians regarding the provisions of this section. Health care facilities shall make these informational materials accessible upon admission or registration, and on the primary website of the facility.
A compassionate care visitor may report any violation of the Compassionate Care Visitation Act by a health care facility to the Department of Health and Senior Services. The department shall investigate any such complaint within thirty-six hours of receipt.
No health care facility shall be held liable for damages in an action involving a liability claim against the facility arising from compliance with the provisions of this section. This immunity shall not apply to any act or omission by a facility, its employees, or its contractors that constitutes recklessness or willful misconduct and shall be provided in addition to (and shall in no way limit) any other immunity protections that may apply in state or federal law.
This section has been merged with section 191.1400 in HB 2116, entitled the “No Patient Left Alone Act.”
ESSENTIAL CAREGIVER PROGRAM ACT – CITATION OF LAW – DEFINITIONS – STATE OF EMERGENCY, DESIGNATED CAREGIVER DESIGNATION – REQUIREMENTS (Sections 191.2290 and 630.202) (New) – These sections shall be known as and may be cited as the “Essential Caregiver Program Act.” For purposes of these sections, the following terms are defined:
- “Essential caregiver”
During a state of emergency declared pursuant to chapter 44 relating to infectious, contagious, communicable, or dangerous diseases, a facility shall allow a resident or patient who has not been adjudged incapacitated under chapter 475, their guardian, or their legally authorized representative to designate an essential caregiver for in-person contact with the resident in accordance with the standards or guidelines developed by the Department of Health and Senior Services.
The Department of Health and Senior Services shall develop standards and guidelines concerning the essential caregiver program. A facility shall allow at least two individuals per resident or patient to be designated as essential caregivers, although the facility may limit the in-person contact to one caregiver at a time. The facility shall establish a reasonable in-person contact schedule to allow the essential caregiver to provide care at least four hours each day (including evenings, weekends, and holidays), but shall allow for twenty-four-hour in-person care as necessary and appropriate for the well-being of the patient or resident. The facility shall establish procedures to enable physical contact between the resident or patient and the essential caregiver, but the facility may not require the caregiver to undergo more stringent procedures than those required of facility employees. The facility shall specify the criteria that it will use to determine whether in-person contact is inconsistent with the therapeutic care and treatment of the resident or patient or is a safety risk to other residents, patients, or facility staff. Any limitations placed upon a particular essential caregiver shall reviewed and documented every seven days to determine if they remain appropriate. The facility may restrict or revoke in-person contact by an essential caregiver who fails to follow required protocols and procedures established under subsection 5.
A facility may request from the Department of Health and Senior Services a suspension of in-person contact by essential caregivers for a period not to exceed seven days. A facility may request extension of suspensions, but the department shall not approve an extension period for longer than seven days at a time. A facility shall not suspend in-person caregiver contact for more than fourteen consecutive days in a twelve-month period or for more than forty-five total days in a twelve-month period. The department shall suspend in-person contact by essential caregivers if it determines that doing so is required under federal law, including a determination that federal law requires a suspension of in-person contact by members of the resident’s care team. The attorney general shall institute all suits necessary on behalf of the state to defend the right of the state to implement the provisions of this section to ensure access by residents and patients to essential caregivers as part of their care team.
The provisions of this section shall not be construed to require an essential caregiver to provide necessary care to a resident or patient and a facility shall not require an essential caregiver to provide necessary care. In addition, the provisions of this section shall not apply to those residents or patients whose particular plan of therapeutic care and treatment necessitates restricted or otherwise limited visitation for reasons unrelated to the stated reasons for the declared state of emergency.
A facility, its employees, and its contractors shall be immune from civil liability for an injury or harm caused by or resulting from (1) exposure to a contagious disease or other harmful agent that is specified during the state of emergency declared pursuant to chapter 44, or (2) acts or omissions by essential caregivers who are present in the facility, as a result of the implementation of the essential caregiver program. This immunity shall not apply to any act or omission by a facility, its employees, or its contractors that constitutes recklessness or will misconduct.
CCS HCS SS SCS SBs 775, 751 & 640 (Thompson Rehder) – Relating to judicial proceedings, with penalty provisions
05/12/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
07/01/2022 – Signed by Governor
SECONDARY SOURCES DO NOT CONSTITUTE LAW OR PUBLIC POLICY, WHEN (Section 1.016) (New) – A secondary source (including a legal treatise, scholarly publication, textbook, or other explanatory text) does not constitute the law or public policy of the state of Missouri to the extent that:
- Its adoption would create, eliminate, expand, or restrict a cause of action, right, or remedy; or
- It is inconsistent with, in conflict with, or otherwise not addressed by Missouri statutory law or Missouri appellate case law precedent.
SUSPECTED VICTIMS OF SEX TRAFFICKING, LAW ENFORCEMENT DUTIES – DIVISION DUTIES – PROCEDURE (Section 210.1500) (New) – When there is reasonable cause to suspect that a child located by a police officer or law enforcement official may be a victim of sex trafficking or sever forms of sex trafficking (22 U.S.C. Section 7102), the officer or official shall immediately cause a report to be made to the Children’s Division in accordance with section 210.115. Upon the Children’s Division receiving the report and determining that it merits an investigation, the reporting official and the division shall ensure the immediate safety of the child and shall coinvestigate the complaint to its conclusion.
The police officer or law enforcement official take or retain temporary protective custody of the child (without the consent of the child’s parent(s), guardian, or any other person legal responsible for the child’s care), as provided under section 210.125, if the officer or official has reasonable cause to believe:
- That the child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect due to sex trafficking or sexual exploitation; and
- That the harm or threat to life may occur before a juvenile court is able to issue a temporary protective custody order or before a juvenile officer is able to take the child into protective custody.
If the child is already under the jurisdiction of the juvenile court (Section 211.031.1(1)(a)) and in the legal custody of the Children’s Division, the officer or official and the Children’s Division shall secure placement for the child in the least restrictive setting in order to ensure the child’s safety from further sex trafficking or severe forms of trafficking.
The Children’s Division and the reporting officer or official shall ensure a referral is made to a child advocacy center for a forensic interview and a SAFE CARE provider evaluation.
For purposes of this section, multidisciplinary teams shall be used when conducting an investigation and in providing protective or preventive social services.
STATEWIDE COUNCIL ON SEX TRAFFICKING AND SEXUAL EXPLOITATION OF CHILDREN CREATED – MEMBERS, DUTIES, REPORT – EXPIRATION DATE (Section 210.1505) (New) – A sixteen-member “Statewide Council on Sex Trafficking and Sexual Exploitation of Children” is established to (1) collect and analyze data relating to sex trafficking and sexual exploitation of children and (2) collect feedback from stakeholders, practitioners, and leadership throughout the state in order to develop best practices and procedures regarding the response to sex trafficking and sexual exploitation of children. The Department of Social Services shall provide administrative support to the council. On or before December 31, 2023, the council shall submit a report of its activities and recommendations to the governor, the General Assembly, and the Joint Committee on Child Abuse and Neglect. The council shall expire on December 31, 2023.
JUVENILE COURT TO HAVE EXCLUSIVE JURISDICTION, WHEN – EXCEPTIONS – HOME SCHOOLING, ATTENDANCE VIOLATIONS, HOW TREATED (Section 211.031) (Amend) – Except as otherwise provided in chapter 211, the juvenile court (or the family court in circuits that have a family court) shall have exclusive original jurisdiction in proceedings involving a child who has been a victim of sex trafficking or sexual exploitation.
VICTIM OR WITNESS IN CERTAIN CASES NOT TO BE INTERROGATED AS TO PRIOR SEXUAL CONDUCT (Section 491.015) (Amend) – In prosecutions under chapter 566 or prosecutions related to sexual conduct under chapter 568, opinion and reputation evidence of the prior sexual conduct, acts, or practices of a victim or witness is inadmissible at any trial, hearing, or court proceeding, and not a subject for inquiry during a deposition or discovery. Evidence of specific instances of the prior sexual conduct, acts, or practices of a victim or witness is also inadmissible at any trial, hearing, or any other court proceeding, and not a subject for inquiry during a deposition or discovery, except for the reasons listed in this section.
DOMESTIC ASSAULT, VICTIM AND VICTIM’S FAMILY NOT TO BE COMPELLED TO TESTIFY OR DISCLOSE CERTAIN INFORMATION (Section 546.262) (New) – A court shall not compel a victim or member of the victim’s family testifying in a criminal proceeding for a violation of sections 565.072 to 565.076 (domestic assault) to disclose a residential address or place of employment on the record in open court unless the court finds that disclosure of the address or place of employment is necessary.
DOMESTIC ASSAULT, VICTIM MAY TESTIFY BY VIDEO CONFERENCE – LOCAL COURT RULES (Section 546.263) (New) – At a civil trial involving an offense under sections 565.072 to 565.076 (domestic assault), the victim of the offense may testify by video conference. The circuit and associate circuit judges for each circuit shall develop local rules and instructions for appearances by video conference permitted under subsection 1 of this section, which shall be posted on the circuit court’s internet website. The circuit and associate circuit judges for each circuit shall provide (and post on the circuit court’s internet website) a telephone number for the public to call for assistance regarding appearances by video conference.
CHAPTER 566 AND CHAPTER 568 DEFINITIONS (Section 566.010) (Amend) – As used in chapter 566 and chapter 568, the term “sexual contact,” is amended to include the phrase “causing semen, seminal fluid, or other ejaculate to come into contact with another person.”
OFFENSE OF SEXUAL CONTACT WITH A STUDENT (Section 566.086) (Amend) – In addition to the persons currently covered, a person commits the offense of sexual contact with a student if the person has sexual contact with a student of the school and is a coach, assistant coach, director, or other adult with a school-aged team, club, or ensemble, regardless of whether such team, club, or ensemble is connected to a school or scholastic association.
For purposes of subdivision (7), “school-aged team, club, or ensemble” means any group organized for individual or group competition for the performance of sports activities or any group organized for individual or group presentation for fine or performing arts, by any child under eighteen years of age.
CERTAIN OFFENDERS NOT TO BE PRESENT WITHIN 500 FEET OF DESIGNATED LOCATIONS (Sections 566.149 and 566.150) (Amend) – Any person who has been found guilty of specific criminal offenses is prohibited from being present in or loitering within 500 feet of certain designated locations. The offense of possession of child pornography (section 573.037) is added to these lists of offenses in sections 566.149 and 566.150.
CERTAIN OFFENDERS NOT TO SERVE AS ATHLETIC COACHES, MANAGERS, OR TRAINERS (Section 566.155) (Amend) – Any person who has been found guilty of specific criminal offenses shall not serve as an athletic coach, manager, or athletic trainer for any sports team in which a child less than seventeen years of age is a member or shall not supervise or employ any child under eighteen years of age. The offense of possession of child pornography (section 573.037) is added to the list of offenses in this section.
OFFENSE OF PROSTITUTION (Section 567.020) (Amend) – A person shall not be certified as an adult or adjudicated as a delinquent for the offense of prostitution under this section if the person was under the age of eighteen at the time the offense occurred. In such cases where the person was under the age of eighteen, the person shall be classified as a victim of abuse (as defined under section 210.110), and such abuse shall be reported immediately to the Children’s Division (as required under section 210.115) and to the juvenile officer for appropriate services, treatment, investigation, and other proceedings (as provided under chapters 207, 210, and 211). Upon request, the local law enforcement agency and the prosecuting attorney shall assist the Children’s Division and the juvenile officer in conducting the investigation.
CHAPTER 573 DEFINITIONS – SEXUAL PERFORMANCE (Section 573.010) (Amend) – As used in chapter 573, the term “sexual performance” means any performance, or part thereof, which includes sexual contact with a child who is less than eighteen years of age (rather than seventeen years of age).
OFFENSE OF ENABLING SEXUAL EXPLOITATION OF A MINOR (Section 573.024) (New) – A person commits the offense of enabling sexual exploitation of a minor if such person (acting with criminal negligence) permits or allows any violation of section 566.210 (first degree sexual trafficking of a child), 566.211 (second degree sexual trafficking of a child), 573.020 (promoting obscenity in the first degree), 573.023 (sexual exploitation of a minor), 573.025 (promoting child pornography in the first degree), 573.030 (promoting obscenity in the second degree), 573.035 (promoting child pornography in the second degree), 573.200 (child used in a sexual performance), or 573.205 (promoting sexual performance by a child). The offense is a class E felony for the first offense, and a class C felony for a second or subsequent offense. If the person found guilty of the offense is an owner of a business (or the owner’s agent) and the business provided the location or locations for such exploitation, the business location or locations shall be required to close for up to one year for the first offense, and the length of time shall be determined by the court. For a second offense, the business location or locations shall permanently close.
OFFENSE OF PATRONIZING A SEXUAL PERFORMANCE BY A CHILD (Section 573.206) (New) – A person commits the offense of patronizing a sexual performance by a child if the person obtains, solicits, or participates in a sexual performance by a child under eighteen years of age. The offense is a class felony.
OFFENSE OF PROVIDING EXPLICIT SEXUAL MATERIAL TO A STUDENT (Section 573.550) (New) – For purposes of this section, the following terms or phrases are defined:
- “Explicit sexual material”
- “Person affiliated with a public or private elementary or secondary school in an official capacity”
A person commits the offense of providing explicit sexual material to a student if the person:
- Is affiliated with a public or private elementary or secondary school in an official capacity; and
- Knowing of its content and character:
- Provides, assigns, supplies, distributes, loans, or coerces acceptance of or the approval of the providing of explicit sexual material to a student, or
- Possesses with the purpose of providing, assigning, supplying, distributing, loaning, or coercing acceptance of or the approval of the providing of explicit sexual material to a student.
The offense is a class A misdemeanor.
SEXUAL OFFENDER REGISTRY – DEFINITIONS (Section 589.404) (Amend) – For purposes of sections 589.400 to 589.425 (sexual offender registry), the term “sexual conduct” is defined, and the definition of the term “sexual contact” is amended to mirror the amended definition of section 566.010.
SEXUAL ASSAULT SURVIVORS’ BILL OF RIGHTS – DEFINITIONS – RIGHTS ENUMERATED, NOTICE REQUIRED – DOCUMENT REQUIRED (Section 595.201) (Amend) – This section shall be known and may be cited as the “Sexual Assault Survivors’ Bill of Rights.” For the purposes of this section, “sexual assault survivor” means any person who is fourteen years of age or older and who may be a victim of a sexual offense who presents themselves to an appropriate medical provider, law enforcement officer, prosecuting attorney, or court. A sexual assault survivor retains all the rights of this section regardless of whether a criminal investigation or prosecution results or if the survivor has previously waived any of these rights. These rights shall be in addition to other rights as designated by law and no person shall discourage a person from exercising these rights.
A sexual assault survivor has the right to:
- Consult with an employee or volunteer of a rape crisis center (as defined in section 455.003);
- A sexual assault forensic examination (as provided in section 595.220);
- A shower and a change of clothing, as reasonably available, at no cost to the survivor;
- Request to be examined by an appropriate medical provider or interviewed by a law enforcement officer of the gender of the survivor’s choosing, when one is available;
- An interpreter who can communicate in the language of the survivor’s choice, as is reasonably available, in a timely manner;
- Notification and basic overview of the options of choosing a reported evidentiary collection kit, unreported evidentiary collection kit, and anonymous evidentiary collection kit (as defined in section 595.220);
- Notification about the evidence tracking system (as defined in section 595.220.9);
- Notification about the right to information pursuant to section 610.100.4 (a complete unaltered and unedited incident report and other records closed by a law enforcement agency); and
- Be free from intimidation, harassment, and abuse in any related criminal or civil proceeding and the right to reasonable protection from the offender (or any person acting on behalf of the offender) from harm and threats of harm arising out of the survivor’s disclosure of the sexual assault.
An appropriate medical provider, law enforcement officer, and prosecuting attorney shall provide the sexual assault survivor with notification of these statutory rights in a timely manner. Each one shall ensure that the sexual assault survivor has been notified of these rights.
The Department of Public Safety shall develop a document (in collaboration with Missouri-based stakeholders) that includes:
- A description of the rights of the sexual assault survivor pursuant to this section; and
- Telephone and internet means for contacting a local rape crisis center (as defined in section 455.003).
This document shall be in clear language that is comprehensible to a person proficient in English. The Department of Public Safety shall provide this document in any other foreign language spoken by at least five percent of the population in any county or city not within a county in Missouri.
IDENTIFIABLE INFORMATION IN COURT RECORDS TO BE REDACTED, WHEN – DISCLOSURE OF INFORMATION PERMITTED, WHEN – DISCLOSURE OF IDENTIFYING INFORMATION REGARDING DEFENDANT, WHEN (Section 595.226) (Amend) – Any information contained in any court record (whether written or published on the internet), including any visual or aural recordings that could be used to identify or locate any victim of an offense under chapter 566 or a victim of domestic assault or stalking shall be closed and redacted from such record prior to disclosure to the public. Identifying information shall include (but shall not be limited to) the:
- Home or temporary address;
- Personal email address;
- Telephone number;
- Social Security number;
- Birth date;
- Place of employment;
- Any health information, including human immunodeficiency virus (HIV) status;
- Any information from a forensic testing report; or
- Physical characteristics, including an unobstructed visual image of the victim’s face or body.
Any person who is requesting identifying information of a victim and who has a legitimate interest in obtaining such information may petition the court for an in camera inspection of the records. If the court determines the person is entitled to all or any part of such records, the court may order production and disclosure of the records, but only if the court determines that the disclosure to the person or entity would not compromise the welfare or safety of the victim, and only after providing reasonable notice to the victim and after allowing the victim the right to respond to such request.
DOMESTIC ASSAULT OFFENDERS, COSTS OF BATTERER INTERVENTION PROGRAM, HOW PAID (Section 595.320) (New) – If a judge orders a person convicted of an offense under sections 565.072 to 565.076 (domestic assault) to undergo a batterer intervention program (as described in section 455.549), the person shall be financially responsible for any costs associated with attending such class.
FAMILIAL RELATIONSHIPS (Section 456.1-114) (Amend) – For the purposes of interpreting a term of familial relationship in a trust, the terms “descendants,” “issue,” “children,” and similar terms of relationship shall be construed as follows:
- A child conceived or born during a marriage is presumed to be a child of the married persons unless a judicial proceeding is commenced before the death of the presumed parent and it is determined that the presumed parent is not the parent of the child.
- A child who is not conceived or born in a marriage is presumed to not be a child of a person who did not give birth to such child unless a judicial proceeding commenced before the death of such person determined the person is a parent of the child or the person openly recognized the child as his or her child and has not refused to voluntarily support the child. A trustee may rely on its discretion regarding the sufficiency of recognition or support, and the trustee shall not be liable to any person for its exercise of discretion unless the trustee acts in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries.
- A child adopted prior to eighteen years of age is a child of the adopting parent and not of the natural parents, except that adoption by a spouse of a natural parent shall have no effect on the relationship between the child and the natural parent.
If a parent-child relationship is established pursuant to this section, the rights afforded to the child shall not be retroactive. Instead, such rights shall apply from the time the relationship is established. In addition, the terms of a trust shall prevail over any provision of this section.
SS HCS HB 1662 (Fishel) – Relating to restrictions on real property, with an effective date for a certain section
05/13/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/30/2022 – Signed by Governor
EXECUTION OF DEEDS AND OTHER CONVEYANCES – STATEMENT OF MARITAL STATUS (Sections 59.310 and 442.130) (Amend) – The county recorder of deed may refuse any document presented for recording that does not meet the requirements specified in the statute. The marital status of all grantors on a deed and other documents presented for recording to recorders of deeds is required. The recorder must not accept any document unless such information is provided.
SS SCS HCS HB 2116, 2097, 1690 & 2221 (Black) – Relating to the visitation rights of patients
05/13/2022 – Truly Agreed To and Finally Passed
05/18/2022 – Presented to Governor
06/30/2022 – Signed by Governor
EARLY LEARNING QUALITY ASSURANCE REPORT – SUNSET PROVISION (Section 161.217) (Amend) – The Department of Health and Senior Services and the Department of Social Services are removed from the program collaboration, since their prior duties have been transferred to the Office of Childhood under the Department of Elementary and Secondary Education. The label of “pilot program” is removed from the Early Learning Quality Assurance Reporting Program as it shall no longer be a “pilot program.” The program is authorized to provide continuous improvement and ongoing updated consumer education. The sunset provision on the program is extended to August 28, 2028.