Escaping domestic violence in Missouri might have gotten a little easier, under legislation that became law August 28.
Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)
One of the greatest obstacles facing victims of domestic violence involves possession of the documents they need to start their lives over. A provision in Senate Bill 28 will provide free copies of birth certificates when those are requested by victims.
Tracy Carroll is the Assistant Director and Case Manager for the Council. As a case manager she has seen, countless times, people trying to get out of abusive situations but struggling to do so because they needed documentation.
Often, victims escape from an abusive home in the middle of the night and even perhaps during a violent incident. They leave with little more than the clothes on their back and the backs of their children, only to later realize that they need documentation to do things like get a job or enroll children in school.
The $15 apiece fee to get a copy of a birth certificate often presents a huge obstacle for someone in a crisis situation. Shelters, then, have typically covered that fee, but Carroll said that adds up quickly and takes away from other things shelters aim to provide.
The Council’s Executive Director, Stephanie Bennett, said after they met with Rep. Dinkins at an event in the capital city and brought up the issue, she recognized its importance and asked them to bring her some legislation.
Later, the Missouri Coalition for Domestic and Sexual Violence, the membership of which includes the Council and other shelters around the state, picked up the issue and advocated for it. Dinkins said that helped get the proposal the traction it needed.
Carroll said cost isn’t the only issue regarding certificates from other states. She said different lengths of delays in getting documents mean victims can be forced to sit idle, sometimes for months, before they can begin rebuilding their lives and the lives of their children.
The language in SB 28 authorizes a waiver of the fee for a Missouri birth certificate when a victim of domestic violence or abuse requests it, documentation signed by a victim advocate; attorney; or health or mental health care provider who has assisted that person accompanies that request.
One of the bills on the desk of Governor Mike Parson (R) would make it easier for people to escape domestic abuse, if it becomes law.
Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)
A provision in Senate Bill 28 would waive the fee for a copy of a birth certificate when it is requested by a victim of domestic violence.
It has been proposed for several years by Representative Chris Dinkins (R-Lesterville), who explained to her colleagues that when a person escapes domestic violence, they often have to leave things behind. That often includes vital documents.
Matthew Huffman is the Chief Public Affairs Officer with the Missouri Coalition against Domestic and Sexual Violence. He said making a decision to leave can be dangerous, frightening, and difficult, and this legislation would help to keep victims from having to go back.
Dinkins agrees, and adds that just as this proposal was brought to her by a shelter in her district, she encourages advocates to bring her more ideas. She said in her time as a teacher she knew several individuals who were involved in domestic abuse situations, and that makes these issues personal.
The bill would allow a survivor to get one birth certificate free, one time. It requires a signed statement from an advocate, attorney, or provider of healthcare or mental healthcare.
Governor Parson could sign that bill into law, veto it, or allow it to become law without his action. If it becomes law, this provision would become effective on August 28.
A bill prefiled for the 2020 session of the Missouri General Assembly aims to make it easier for victims of domestic violence to escape abusive environments.
Representative Chris Dinkins (photo: Tim Bommel, Missouri House Communications)
House Bill 1300 would allow individuals, with the assistance of domestic violence shelter staff, to get free copies of birth certificates.
The Missouri Coalition against Domestic and Sexual Violence’s Public Policy Director, Jennifer Carter Dochler, said such vital documents provide abusers with another way to control their victims. Withholding them can make it more difficult for a victim to leave.
Domestic violence shelters in Missouri have been covering the cost of birth certificates for clients who need them but those shelters have limited resources and the cost is becoming an issue for them.
Dinkins offered similar legislation in the 2019 session and it nearly passed, despite being introduced on the last day for filing bills. Lawmakers heard then that the $15 cost for a new copy of a birth certificate can be prohibitive to victims, who often have little or no money and need that very document in order to get a job. It is a further burden when they must pay that $15 for each child under their care.
Dinkins said what slowed the bill’s progress in 2019 its estimated cost to the state, which she said was grossly overestimated.
Dinkins said helping people escaping abuse get back into the work force would further offset any cost the bill could create for the state.
The 2019 bill passed out of the House and out of a Senate committee but was not voted on by the full Senate. Dinkins is optimistic that this year’s earlier start means the legislation has a better chance of reaching Governor Mike Parson (R).
An increased focus on issues concerning foster care in Missouri has resulted in a bill containing 11 different reforms meant to make life better for children who are in, and who leave, that care.
Representative Jim Neely chairs the House Special Committee to Improve the Care and Well-Being of Young People and sponsors HCB 11, a comprehensive foster care reform bill. (photo; Tim Bommel, Missouri House Communications – click for larger version)
Neely, a doctor, said improving the lives of children has been his priority since a young girl who’d been abused came into his office about ten years ago.
Neely said some of the things HCB 11 would change in Missouri law are “quick” or “simple” fixes that could have significant impacts, especially in situations in which foster children have been described as, “falling through the cracks.”
HCB 11 includes language that would update background checks on foster families so that the Children’s Division would know immediately if a foster parent is charged with a crime that would disqualify him or her from being a foster parent. Current law only allows checks every two years.
Representative Sonya Anderson (photo; Tim Bommel, Missouri House Communications – click for larger version)
HCB 11 would also expand assessment and treatment services for children in foster care. It would require such services for all children in foster care – currently it is required only for those under the age of ten – and would require that those services be completed in accordance with the American Academy of Pediatrics’ periodicity schedule. Currently children are screened every two years.
The original sponsor of that language is Representative Lauren Arthur (D-Kansas City), who said it would ensure that children in foster care receive more appropriate care, and the comprehensive screenings will in turn save the state money by catching medical conditions earlier and aiding in preventative care.
Representative Lauren Arthur (photo; Tim Bommel, Missouri House Communications – click for larger version)
Current law prevents Missouri Social Services workers from investigating reports of abuse of Missouri children in foster care if the abuse doesn’t occur in Missouri, and prevents them from communicating with counterparts in other states about abuse or potential abuse. Christofanelli said his bill would remove those barriers and fix what he called a, “bureaucratic technicality.”
Some lawmakers expressed concerns with the portion of the bill because other states might release information about abuse claims – particularly unsubstantiated claims – that Missouri would not release. They expressed a desire to see that concern addressed before the bill could become law.
The House is prepared to vote on whether to send HCB 11 to the Senate. The bill is broadly supported, including by Columbia Democrat Martha Stevens, who sits on the Special Committee to Improve the Care and Well-Being of Young People.
– Allow more time for a case management plan to be developed for a child entering foster care (found in House Bill 1637 sponsored by Representative Neely)
– Allow foster children aged 16 years and older to open a checking or savings account with the consent of the Children’s Division or juvenile court, giving them the ability to cash paychecks and better access to jobs (found in House Bill 1715 sponsored by Representative Don Phillips, R-Kimberling City)
– Make closed under law any records regarding placement of children into foster care or kinship placements, and specify who can access those records and when (found in House Bill 1966 sponsored by Representative Robert Cornejo, R-St. Peters)
– Allow a child who is homeless or in the custody of the Children’s Division, but the whereabouts of his or her immunization records is unknown, to be enrolled in school for up to 30 days while efforts are made to find those records, and if needed, another 30 days after that for the child to get caught up on immunizations (found in House Bill 2139 sponsored by Representative Lynn Morris, R-Nixa)
– Define when juvenile courts have jurisdiction over a child under 21, streamlining situations in which a child is in a safe situation but juvenile court involvement is interfering with the family (found in House Bill 1728 sponsored by Representative Bill Lant, R-Pineville)
– Create the “Trauma-Informed Care for Children and Families Board” to encourage cooperation between agencies that deal with children and utilize trauma-informed treatment programs (found in House Bill 2217 sponsored by Representative Cora Faith Walker, D-Ferguson)
