child abuse – Missouri House of Representatives Newsroom

House Unanimously Supports Banning NDAs in Child Sex Abuse Cases

The Missouri House has voted to take away one of the tools sexual predators use to protect themselves, and to be able to find and abuse new victims. House Bill 709, which was sent to the Senate this week, would bar the enforcement of non-disclosure agreements in cases of child sexual abuse.

*Representative Brian Seitz (Photo: Tim Bommel, Missouri House Communications)*

Such legal contracts sometimes come into play in abuse cases, particularly when parents or guardians accept a settlement with an abuser. These contracts have left victims unable to talk about what they experienced, and their abusers have been enabled to change locations or jobs without anyone knowing what they had done, allowing them to continue their transgressions in new places and against new victims.

“It’s an injustice and a wrong that we can make right, now,” Representative Brian Seitz (R-Branson) told his colleagues.

Seitz is the sponsor of HB 709, the latest version of a proposal he has offered for several years now. He urged his colleagues to again advance it after other forms of the measure have already received broadly supportive votes across multiple legislative sessions.

In this latest bid, Seitz told his fellow legislators, “Through no fault of their own, children and/or the medically disabled who may have been abused in the past are being abused again by the misuse of NDAs in civil settlement agreements.”

“These are legal mechanisms that were created to protect trade secrets, not trauma secrets. Again I state: NDAs are wholly appropriate if you’re dealing with manufacturing trade secrets, but they can kill trauma victims,” said Seitz, referring to the fact that some victims have chosen to end their own lives, after an inability to speak out multiplied their anguish.

Other House members offered strong support. Columbia Representative David Tyson Smith (D), an attorney for two decades, said to silence a child is one of the worst things a person can do, especially when they have been abused and are too young to make for themselves the decision to agree not to speak about it.

“Non-disclosure agreements, when you deal with children, are basically unethical. It silences them. They need the ability to tell their story to heal, and often times when families have their children sign them or they sign them, these predators are allowed to continue operating around the state and nobody can talk about it, so this is a way to stop those Predators from continuing to abuse people and it allows the victims to heal and to tell their stories,” Smith said.

Representative Rudy Veit (R-Wardsville), another practicing lawyer, told his fellows he has dealt with abuse survivors and seen firsthand the courage it takes for them to acknowledge what they have experienced, even to themselves.

*Representative David Tyson Smith (Photo: Tim Bommel, Missouri House Communications)*

“[It adds] insult to injury, then, to tell them when the case is settled that they have to keep a secret and they live the rest of their lives with that secret, while the pedophiles continue to go about their business and start up somewhere else. More importantly is at that moment, they may agree to [sign] and keep a non-disclosure, but then what happens is the time goes on they start to think, ‘Could I have done more to prevent others [from being abused],’ and so now they’re living the rest of their life with another guilt feeling that they didn’t do more, and just eliminate that process.”

Representative Raychel Proudie (D-Ferguson), who focuses much of her legislative efforts on protecting children, also stressed the importance of adding this language to Missouri law.

“Typically, non-disclosure agreements or NDAs are put forth to protect business interests. No one should be in the business of hurting children,” Proudie said. “We should not be protecting the business interests or behaviors of perverts and people who hurt children.”

709 reaches the Senate with only three weeks remaining in the legislative session, but versions of the proposal are moving in several other forms and on several other bills. Seitz expressed optimism during the debate, noting that in the Senate as in the House, the bill has received “total, bipartisan support.”

“I’m advocating for these victims to be able to at least have their voices heard after their innocence has been taken through the criminal actions of others. This legislation will help them heal, to share their stories, and attempt to come to terms with what happened to them as children,” Seitz said.

“While 709 cannot fix the horrific events leading up to signing an NDA, it can prevent the silencing of child crime victims in the future and would certainly make Missouri safer for all.”

HB 709 was advanced to the Senate 148-0.

House plan would Accelerate Detection of Child, Animal, and Elderly Abuse by Connecting Investigators

A House committee advanced this week a plan that could save the lives of children, the elderly, and animals in the State of Missouri simply by having different types of investigators talk to one another.

*Representative Holly Jones (Photo: Tim Bommel, Missouri House Communications)*

House Bill 1298 would make those who investigate the abuse of children, the elderly, and other vulnerable persons mandated reporters of animal abuse and visa versa, and require the necessary cross training for those investigators.

“There’s a direct correlation between child abuse and elderly abuse in most cases, and animal abuse. In this bill we’re asking for agencies involved in any of the reporting on childhood abuse and animal abuse to cross-report for the other,” said bill sponsor Holly Jones (R-Eureka).

“Law enforcement and Child Protective Services are often the ones who see animals abused, and children in neglectful and abusive situations, and cross-reporting and training is being implemented across the country to enable those in a multitude of fields to report that abuse.”

Jones shared with the House Special Committee on Urban Issues statistics to back up her proposal, and she said they are disturbing.

“Seventy-five percent of abused women who have companion animals; dogs, cats, those kinds of thing, have reported history of that companion animal either being threatened or abused by their intimate partner, with children being present for that abuse 90 percent of the time. Other studies have shown that over half of children have been exposed to animal abuse in their short childhood years.”

Committee Chairman Mark Sharp (D-Kansas City) said the proposed change could lead to cases of abuse being discovered earlier by authorities.

“If it’s happening with an animal then it’s likely happening with a child, if there is one in the home, so giving that cross-training for our animal abuse folks to be able to recognize this, as often times they are the first person to respond to many issues in a home.”

The relationship between children and their pets is recognized as treasured and crucial to emotional development, and the development of empathy, responsibility, and social skills. Aislinn McCarthy with the Missouri Alliance for Animal Legislation said it is that much more tragic, then, when a child’s pet becomes a target of abuse.

“Children perceive their pets as special friends, important family members, providers of social interactions, affections, and emotional support. In homes where the child’s being abused or neglected, pets take on an even more special role. They take on the role of an attachment figure. This pet may be the child’s only experience of love without violence. This pet may also be the child’s only protector.”

Jackson County Assistant Prosecuting Attorney Devon Tarantino dealt with special victims cases for four years. She said animal abuse investigators are, indeed, often the first authorities to visit a home in which children are being abused.

“If they go to a scene and they are able to identify issues or concerns of child abuse or neglect when that is present, adding them to the list of mandated reporters and adding additional training to help them identify the signs of child abuse will help victims get the care and attention they need early and quickly, and I think that is one of the biggest benefits of this bill, is early detection and prevention.”

Tarantino said delays in detection of abuse in a home are not always the result of investigators not having yet witnessed it. Often when investigators are present, they are not told about abuse. She said HB 1298 could make a difference in those situations as well.

“Sometimes our children and adult victims are not ready to talk about their abuse. They’re just not. But you know what they are ready to talk about? Maybe the abuse of their pet or the abuse of another family member, and so say, for instance, you have a child going to the Child Protection Center and they are not ready to disclose their own abuse but they will disclose about their companion animal being abused, and so this bill, in those situations, would allow us to get services and resources in place into that home prior to it really escalating.”

The committee heard similar testimony from Ashley Stanley, the Director of Community Education and Outreach at Wayside Waifs Animal Shelter in Kansas City. She told the committee she has encountered many awful and sobering stories of animal abuse that were made more heartbreaking by how children were affected.

“For children, especially, the first red flags that abuse or neglect may be happening in the home can be spotted in the conversations that they have about their animals.“

“In our work we’re in schools every single day, and throughout the years I’ve heard stories of animals being thrown down stairs; dents left in walls from repeated instances of adults in the home banging their animal’s head into them; one child walked outside one morning to take care of his family dog and found his dog hanging from a tree in their backyard.”

Stanley joined the advocates who told legislators that Jones’ proposal could save lives.

“Early intervention on both the human and animal side is crucial to stopping the cycle of violence. HB 1298 creates a path for early intervention that can save both human and animal lives. It gives both those working to protect animals and those working to protect children the knowledge and tools to work collaboratively to mitigate abuse in all its forms earlier and more efficiently, ultimately creating healthier and safer communities throughout the state.”

The committee voted 6-0 to advance HB 1298. It faces another committee vote before it could be considered by the full House.

House panel asked to stem ‘medical kidnappings’ by the state

A House committee has been presented with stories of a parent’s nightmare: children being taken by the state based on false suspicions of parental abuse. Legislators are being asked to address the issue, but finding a balance is difficult when the safety of children is at stake.

*Representatives Jamie Gragg and Holly Jones (Photo: Mike Lear, Missouri House Communications)*

The stories shared some similarities. Parents take a child to a doctor for care for a broken bone. A medical professional suspects the parent of abuse and contacts the state. The state takes the child and its siblings from the parents.

Months or more go by. Eventually, a medical diagnosis reveals an explanation for the broken bones that doesn’t involve abuse. After many frustrating circumstances, much heartache, and the passage of a lot of time, parents and children are reunited, but there are no apologies and much, much damage has been done.

“The bigger picture, again, is: we don’t have any rights at all, as soon as anybody says, ‘This is abuse,’” Rebecca Wanosik told the House Committee on Children and Families.

Wanosik was one of those who shared her ordeal with the Committee, as was Tessa Gorzik.

Gorzik said, “It’s not a one-time thing and you’re done, whether you are convicted of it or not, or accused of it or not. It’s ‘you’re guilty’ from day one and you have to fight your whole entire life to get those allegations overturned when there should have never been allegations from the get-go if they had done their job appropriately from the get-go.”

This is what Representatives Holly Jones (R-Eureka) and Jamie Gragg (R-Ozark) are trying to address with House Bills 2690 and 2691. They are proposing that when a child is placed into 24-hour protective custody due to suspicion of child abuse, custody cannot be extended if a parent or other authorized guardian presents proof that contradicts the allegation of abuse.

Jones said it would allow a parent to present a second opinion.

“There are children that have never been diagnosed [with diseases that can cause injuries that resemble abuse], so there’s no proof to be had, as of yet. That’s the spirit of the bill, is to be able to offer parents an option when some of these medical conditions could be happening and they’re being accused of child abuse when no such abuse is occurring.”

Wanosik said such provisions would have saved her a great deal of pain.

She said five of her children were taken from her in 2015 when the youngest, then nine weeks old, was found during a doctor visit to have three rib fractures and an arm fracture. She said her family was denied second opinions and denied access to her child’s medical records.

While her children were in state custody, the infant developed more fractures. Rather than see this as a possible sign that the parents weren’t responsible, the state said the parents could have caused these new fractures during visits, despite those visits being supervised.

Eventually, a medical diagnosis revealed another explanation for the injuries, but the allegations did not go away.

“They ruled by a preponderance of evidence that my baby was clearly a victim of child abuse and neglect but they couldn’t pin a perpetrator, and then they gave me my children back,” said Wanosik. “It’s very common, actually, because you’re not held to the same standard [of] the criminal court and there was never enough evidence for us to be criminally charged,” so they just kept running us through the family court system.”

Now, Wanosik is the Treasurer for a group called Fractured Families, a group that advocates for situations like hers.

“I wholeheartedly believe that [HBs] 2690 and 2691 are going to open up the gateway to at least provide protection for families in the fact that we [could, if it passed,] access the child, the [medical] records.”

The Committee’s members responded favorably to the proposals but expressed concern that the language needs to be refined.

Ferguson Representative Raychel Proudie (D) said it’s unclear to whom any kind of proof of a medical condition would need to be presented.

“You’re at my house, I’m about to go to jail, you’re about to take my kids, I have the proof, who do I show? Do I show the police? The nurse? It’s the weekend. It’s a Saturday. Court’s closed. My kid has been in your possession now for over 24 hours and I don’t know to whom I am showing this proof. How do we remedy that?”

The Missouri Network Against Child Abuse (formerly Missouri KidsFirst), an entity respected by many lawmakers when considering child abuse legislation, spoke in opposition to the bills. Its Executive Director, Jessica Seitz, said the bills focus on one piece of an abuse allegation.

“In the overall investigation of an allegation of abuse, the medical opinion is not the arbiter, the decider of the outcome. It is one part of the investigation.”

Further, Seitz said the “proof” the bill centers on is not defined, calling the language, “vague and problematic, and being unspecified puts us at risk of a child being left in an unsafe situation.”

Seitz challenged the premise of the bill, that there is a need for a state law to allow parents to get a second opinion when they are being investigated for child abuse.

“A second opinion is always welcome in the court process, but just introducing a second opinion as a part of the overall investigation … should not short circuit the process and mandate the outcome, introducing one factor in the overall investigation. We risk putting our kids in danger.”

However, Seitz emphasized respect for the efforts of Jones and Gragg, saying she wants to work with them to improve the system.

Jones said she remains adamant that something must change, because the damage done to children and their families when the state takes children away is long-lasting and runs deep.

“That’s one of the reasons why we’re trying to move forward with this bill so quickly, is that our foster care system is not only so overrun and it’s such a huge part of the children and families organization throughout the state, this is really going to cut back on the mental health issues and the trauma to families,” Jones said.

Committee member Ed Lewis (R-Moberly) acknowledged Seitz’s concerns but told her, “We are going to move forward with this bill, if I have anything to say about it, but you need to be a part of the picture. Your organization needs to be a part of the picture because if you’re not, it’s not going to be the balanced, thread-the-needle approach that has to happen so that we both protect those children who are actually being abused and … I would say [just] as important, [is] protecting those families and those parents and those children who aren’t being abused but get caught up in the system.”

Gragg echoed Lewis’ sentiment, telling the committee he knew addressing this issue would be challenging.

“There’s a very fine line that we’re trying to close the gap on, from protecting the kids that need protecting … and also not taking advantage, or overstepping, with those [cases of children with parents] that are falsely accused of something. We’re trying to narrow that gap, and the problem with that narrow line, that fine line, is it ain’t straight. That is for sure.”

House votes unanimously for child sexual abuse victims to have more time to sue

A measure to give victims of child sexual abuse more time to sue those responsible for their abuse was given a unanimous vote of support in the House last week. The bill reached the floor too late to become law this year, but its sponsor hopes that vote will give it momentum for future sessions.

In 2018 state law was changed to lift the statute of limitations on criminal prosecution of child sexual abuse, but in civil law a victim of childhood sexual abuse can only sue their abusers until they turn 31 or within three years of discovering that an injury or illness was the result of childhood sexual abuse, whichever occurs later. House Bill 367 would have extended that age limit to 41, and expand the scope of who can be sued to include anyone who enabled abuse or allowed it to continue, or who created a circumstance in which it could occur.

“Through no fault of their own, children who have been abused in the past are being victimized again by not being allowed to hold their perpetrators to account in civil actions,” said the bill’s sponsor, Representative Brian Seitz (R-Branson).

He said when the bill was heard by the House Judiciary Committee, people who experienced abuse as children in Missouri came from all over the state and as far away as Florida and Texas, to testify.

“Many came from my own district to testify to the atrocities committed against them as children but it’s too late for them to face those involved in a civil action because the statute of limitations had run out before they came to terms with their abuse,” said Seitz. “House Bill 376 cannot stop these past events but will allow for these children, now adults, to call the people – and I use that term loosely – to be held to account, and creates a path for civil actions to benefit the survivors and provide some form of restitution and accountability.”

Seitz refers to abuse that happened at Kanakuk Summer Camp at Branson, which in 2010 resulted in a former counselor there receiving two life sentences in Missouri prison.

“I bring forward House Bill 367 to the House Floor for Evan; for Elizabeth, whose brother, Trey, committed suicide in 2019 because of the abuse; for Keith; for Jody; for Jessica; and for Ashton.”

The House voted 150-0 for the bill’s perfection, or initial passage, which normally would be one step in the process toward it being sent to the Senate. In this case, said Seitz, it is a symbolic vote and one he hopes will lead to this change in Missouri law eventually being made.

One of the bill’s co-sponsors, Representative Raychel Proudie (D-Ferguson), called the bill, “incredible. It is one of the proudest things I’ve been able to look at this year … this is probably the best bill we’re going to hear on this floor this year. I ask the body’s unanimous support.”

With this year’s session ending on Friday, Seitz plans to pre-file the language of HB 367 again for the 2024 legislative session.

House proposal would require licensure of religion-based boarding houses

Representative Sarah Unsicker (D-Shrewsbury) was joined this morning by Representative Ingrid Burnett (D-Kansas City) and Emily Adams to talk about House Bill 15, which would require that all residential care facilities – such as care homes for children – be licensed by the state, including those run by religious orders.

The bill is in response to instances of abuse in Missouri, such as those coming to light from the Agape Boarding House in Stockton. Adams was a victim of abuse at a facility in Mississippi that was run by a couple who later operated a facility in Missouri.

Veto session: House votes to fund programs fighting child abuse, neglect; Senate disagrees

The Missouri House voted Wednesday to override Governor Mike Parson’s (R) vetoes of several spending proposals in the state budget, including one aimed at stemming the sexual abuse of children in Lincoln County.

Representative Randy Pietzman (Photo: Tim Bommel, Missouri House Communications)

The Senate did not concur on those overrides and allowed the governor’s actions to stand, and those proposals to fail.

House members including Lincoln County representative Randy Pietzman (R-Troy) took to the floor expressing anger and frustration that Parson rejected $300,000 to fund a 3-year pilot program that would’ve hired investigators, a prosecutor, and staff to address an increase in sex offenders in the region.

“I have children in my district that are getting ravaged … I’d like to read you the list of the cases but I think it’s just too much. Children in my district getting raped and made child pornography with them. It’s going on and we’ve got to stop it,” said Pietzman.

He said that line item would be enough to get the program started and after 3 years local officials could sustain it after that.

Pietzman said he was approached with “offers” by people who didn’t want him to even propose the override.

“Screw those guys. I’m fighting to the end for these kids. They deserve justice. This is small piece of pie of our budget but it can do so much good if we get it into the hands of the right people, and that’s what I’m trying to do.”

Pietzman directed his criticism squarely at the governor, saying this was a plan he and others in the county worked for years to develop. The governor has said that a federal grant program can be used to address this issue but Pietzman says that will not work.

“Unlike [the governor] I’m not looking for a photo opportunity saying this is what I’m doing. I’m doing it for those kids,” said Pietzman.

The House voted 150-3 in favor of that override.

The chamber also voted 151-3 to reverse the governor on a $2-million item that included 3-percent pay raises for caseworkers and supervisors in the Children’s Division. These employees deal with abuse, neglect, and other issues facing children in the custody of the state.

Representative Raychel Proudie (Photo: Tim Bommel, Missouri House Communications)

Representative Raychel Proudie (R-Ferguson) said Missouri is having a hard time retaining those workers, partly because of how much they are paid.

“Some of these workers [are] being spat at, cursed at, threatened [while] trying to protect the children of this state when they can just go down to the local wizard stand or the local Wal-Mart and get paid more, and deal with less. We owe them better than that,” said Proudie.

On another vote, the House voted to restore funding for court costs to the owners of certain wedding venues. St. Louis Republican Jim Murphy said these owners were years ago told by the Department of Revenue they did not need to pay sales tax, but years later the Department sent them bills for tens of thousands of dollars in back taxes. Eventually everything was paid back to those owners but the court costs.

Murphy said the Department harmed and lied to those Missourians. “This year there was $150-thousand put into the budget to do the right thing, and that’s give these people their money back … well the governor, in his wisdom, and I cannot explain why, vetoed this,” said Murphy. “We have promised these people over and over again that we would do right by them, only to have the rug pulled out from under them.”

The House supported that override 152-2.

It also voted 112-38 to override a veto on $700,000 for a Community Improvement District along Business Loop 70 in Columbia.

These overrides were sent to the Senate, which voted to reject two of them and did not vote on the other two, so the governor’s vetoes stand.

House votes to allow state inspections of religious-based youth homes

House lawmakers voted this week toward ending abuse of children in residential care facilities managed by religious organizations – abuse that lawmakers called “horrific,” and amounting to “torture.”

Representative Rudy Veit (Photo: Tim Bommel, Missouri House Communications)

House Bills 557 & 560 would eliminate the exemption from state supervision for such homes.

“There’s no background checks, there’s no right to go in and check on the children, there’s no requirement they keep medical records, there was no right to go in and have eyes on the children, and there was absolutely no control over these homes,” said bill sponsor Rudy Veit (R-Wardsville). “These homes, all you had to say was it was a religious organization … and you couldn’t even check into whether it was a recognized religious organization.”

Lee’s Summit representative Keri Ingle (D), who filed an identical bill, said Missouri is one of the only states that doesn’t oversee religious-based youth homes. Because of that, bad actors have been coming here and then seeking out children with behavioral issues, mental issues, or whose needs weren’t being met.

She said parents would send their children to these homes, “I think, most of the time, with the full intent of getting a child out of a really desperate situation and getting them the help that they needed. Unfortunately, that trust was completely violated and these children were tortured. There’s really no other way to describe it.”

She and other lawmakers heard in committee hearings from children who had been abused in these homes.

Representative Keri Ingle (Photo: Tim Bommel, Missouri House Communications)

“The things that have been told to me by survivors across the country … described rape, described forcing children to have abortions, described stripping children of their dignity and their self-respect, their belief in God, their belief in love, forced children to fight other children, locked children in closets, forced children to stand in manure and forced children to do hard labor,” said Ingle.

“It almost looks like you’re reading something from a script of a horror movie, but it’s not,” said Representative Dave Griffith (R-Jefferson City).

The legislation would require those homes to provide background checks for all employees; notify the state of their location; and allow Social Services to see children when abuse is suspected.

It would not allow the state to change a home’s religious teachings or foundation. Viet said he believes that religious-based youth homes, when run properly and honestly, can benefit children.

“I actually know some children who have been in some of these homes and I’ve talked to judges, and they do a great service, but if we don’t take care of and prevent the bad apples they’re going to ruin it for everyone,” said Veit.

The bill would go into effect immediately upon being signed by the governor.

The house voted 148-0 to send it to the Senate.

House Committee considers lifting statute of limitations in child sex abuse civil cases

The Missouri House is working early in the 2020 legislative session on a bill to remove the statute of limitations on civil actions stemming from child sexual abuse.

Representative Sheila Solon (Photo: Tim Bommel, Missouri House Communications)

The legislature in 2018 lifted the statute of limitations on criminal prosecution of such cases, but the limit on civil cases remains. It only allows civil actions to be brought before the plaintiff turns 31; or within three years of the discovery that an injury or illness was caused by childhood sexual abuse. House Bill 1411 would eliminate that provision, but would not allow the filing of civil suits in cases for which the statute of limitations has already expired.

“It make sense that since the statute of limitations has been removed for criminal it should also be removed for civil,” said Representative Sheila Solon (R-St. Joseph), the sponsor of HB 1411. “For us to have a law on the books that has constraints in it on when a victim has to be brave, come forward, and stop fleeing these memories but get in fight mode, isn’t right.”

Solon said survivors who want to sue perpetrators are not just after money.

“Most victims who come forward and file a civil lawsuit, it’s because they’re trying to protect other children. They want the perpetrator to be held accountable for their actions,” said Solon.

The House Committee on Children and Families heard from Bryan Bacon, who was abused in 1985 by a priest who was the assistant principal at Vianney High School in St. Louis. Bacon’s memories of the abuse resurfaced after the statute of limitations, then still in place, prevented a criminal prosecution, but he was able to file a civil suit. He did so after learning that the priest had other victims, and after officials denied any knowledge of abuse.

“I knew that I had to file a lawsuit, and for one primary reason; that if Brother Mueller had abused two students in 1969 and 1970 … in 1985 at Vianney, myself, there were certainly other victims between those two time periods,” said Bacon. “My ability to file a civil suit against the Marianist order and conduct discovery resulted in the ability of many other victims of Brother Mueller to come forward and begin their healing journey. After I filed suit an additional 80 victims came forward.”

Julie Donelon, president of the Metropolitan Organization to Counter Sexual Assault (MOCSA) in Kansas City, told lawmakers survivors of child sexual assault often repress memories of the event only to recall them when they are older and better able to deal with the trauma. She said survivors should be allowed to file civil suits at any time to benefit other survivors, but also to offset the costs that can come from dealing with abuse – costs that often fall on the survivor and the state.

“By placing time limits on a survivor’s ability to seek a civil remedy for their abuse we are placing the burden back on those survivors while allowing the perpetrators to move forward without ever having to take accountability,” said Donelon.

No one testified against HB 1411 while several advocacy groups testified in support of it. Those included Missouri KidsFirst, represented by Public Policy Director Jessica Seitz.

“It grants more access to the justice system for victims of child sexual abuse.”

The Committee approved Solon’s bill and sent it to a second, where it awaits a hearing.

House approves bill meant to stop school-to-school movement of child abusers

The House has proposed that school districts open up lines of communication with one another to stop employees with a history of abusing students from going from one district to another.

Representative Rocky Miller (photo: Tim Bommel, Missouri House Communications)

That is one of the things House Bill 739 aims to accomplish, according to its sponsor, Representative Rocky Miller (R-Lake Ozark).

“This bill would allow for school districts to contact an employee’s former employers from a list supplied by [The Department of Elementary and Secondary Education]. The schools would be required to disclose the actual violation of the schools’ regulations as it pertains to sexual misconduct with a student,” said Miller.

The legislation has the support of various child advocacy groups, who told lawmakers that right now, schools cannot share such information about former employees. This often allows individuals with a history of abuse to find jobs in other districts and to abuse more children.

One of Hazelwood Democrat Paula Brown’s previous jobs was in human resources in a school district. She said she was often in a terrible position.

“When someone calls to check a reference the only thing that we can reply with is, ‘We would not rehire them,’ with no explanation further than that,” said Brown. “This will free up HR directors and assistant superintendents to speak the truth. It will allow people not to be hired in other districts when they were fired from a different district,” said Brown.

“I think what we’re doing is not only saving children but affording school districts an opportunity not to be sued at the rate they are being sued at this point,” said Brown.

One provision added on the House Floor would require criminal background checks of anyone who volunteers with a school district, if that person will have regular or one-on-one contact with students or access to student records.

Representative Kathy Swan (R-Cape Girardeau) sponsored that amendment.

“We require background checks on school administrators, teachers, teachers’ aides, assistants, secretaries, cooks, bus drivers, and custodians, but not volunteers,” said Swan.

Representative David Wood (photo: Tim Bommel, Missouri House Communications)

Another piece added by the full House extends the definition of those who can be found guilty of abuse to include any person who developed a relationship with a child through school, even if the abuse did not occur on school grounds or during school hours.

Representative David Wood (R-Versailles) said this would close a “loophole” child advocates described to him.

“If the offense would happen on school grounds that’s easy enough to take care of, but when the offense happens off those school grounds, there’s been four cases in the last two years that [investigators have] had a lack of a preponderance of evidence,” said Wood.

The bill adds two-and-a-half hours to the training required of new school board members, which would be focused on identifying signs of sexual abuse and potentially abusive relationships between adults and children. It would also require an hour of refresher training, annually.

Finally, the bill requires schools to offer students trauma-informed, developmentally appropriate sexual abuse training for grades six and above. Parents who don’t want their children to receive that training could choose to opt-out of it.

The House voted 150-4 to send the bill to the Senate.

Earlier story: House committee considers legislation to stop abusive teachers from going to new districts

House Committee considers legislation to stop abusive teachers from going to new districts

The Missouri House is looking for ways to keep schools from hiring people known to have sexually abused students while working in other districts.

Representative Rocky Miller and Missouri KidsFirst Director of Public Policy, Jessica Seitz. (photo; Tim Bommel, Missouri House Communications)

House Bill 739 sponsored by Lake Ozark Republican Rocky Miller would require full disclosure between districts about former employees, and require a district to contact any district or charter school a person previously worked for, for background information.

Cara Gerdiman, Executive Director of Kids Harbor Child Advocacy Center, said with such requirements not already in place, some abusers are able to impact more children’s lives before being caught.

“Kids are put at risk and there’s lifetime consequences for that, ranging from mental health issues to medical issues to just their well-being, and the trauma that they’ve experienced,” said Gerdiman.

Jessica Seitz with Missouri KidsFirst told the House Committee on Elementary and Secondary Education the bill would be another positive step toward protecting children in Missouri schools.

“According to a 2010 GAO report, on average a teacher offender will be passed to three different districts before being stopped,” said Seitz.

The bill would add 2.5 hours of training focused on sexual harassment to what is required of new school board members. Returning school board members would be required to take at least one hour of refresher training annually.

Seitz said that increased training is one of the most important pieces of HB 739.

“Every organization that serves children, and particularly schools, must operate under the assumption that some people who sexually abuse children may work for them,” said Seitz. “Organizations that serve children have an obligation to create an environment that is inhospitable to sexual abuse. These environments must be nurtured from the top with leaders, such as the school board, who understand the risks and actively work to train staff and volunteers, and institute child protection policies.”

Gerdiman said board members will be better equipped to protect children with the additional training the bill would mandate, “so that they are more aware of the signs and symptoms of child abuse; the process of disclosure when a child is ready to talk about what has happened to them; as well as grooming behaviors that adult alleged perpetrators and juvenile perpetrators may use,” said Gerdiman.

The bill would also require annual, age appropriate sexual harassment training for students in grades 6 and up. Some lawmakers questioned whether the legislation should include an option for parents to opt out of that training for their children.

HB 739 would specify that exemptions to Missouri’s open records law, or “Sunshine Law,” would not allow a district to withhold documents on a person if they relate to a confirmed violation of policies against abusing students.

“It’s just to make sure that you can’t hide behind the sunshine law if you’ve been abusive towards a student,” said Miller.

Lawmakers on the committee are also considering whether the bill should be broadened to include abuse not directed at students.

The committee will consider the legislation and potential changes to it at a future hearing, before voting on whether to advance it to the full House for debate.