child care – Missouri House of Representatives Newsroom

House Renews Effort to End State Seizure of Foster Children’s Benefits

A House panel has launched this year’s effort to make sure that money intended for Missouri’s foster children gets to those children and isn’t intercepted by the state.

Representative Melissa Schmidt (Photo: Tim Bommel, Missouri House Communications)

An estimated 12,000 young people in Missouri’s foster care system are eligible for benefits from the Social Security or Veterans Administrations, or railroad retirement benefits, often because they are the survivors of deceased parents or because they have disabilities. The state Children’s Division takes those benefits to cover the costs of caring for those children. Social Security benefits, alone, can be around $900 or more each month.

House Bill 737 would end that practice.

Legislators expressed shock and disbelief when they were first introduced to this issue in 2024, and the House passed a bill then to address it but that did not reach the governor. HB 737 is this year’s version, and at the urging of new House Speaker Jonathan Patterson it is among the first bills being considered in 2025.

“We must prioritize the most vulnerable among us, especially our foster kids,” Patterson said in his address on the opening day of the session, calling for this legislation to be the first bill the House passes this year.

HB 737 sponsor Melissa Schmidt (R-Eldridge) told the House Committee on Children and Families that the practice, “depletes a resource that could meet crucial needs and be a significant support for foster children as they age out of the system and attempt to enter into adult living.”

Madison Eacret with FosterAdopt Connect said those benefits could be going to things like housing, transportation, higher education, or other needs and wants.

“It’s really difficult when you’re in foster care and you’re transitioning at 18, to go out into the world, and these funds are really critical for that transition.”

Schmidt recalled for the committee testimony offered last year from a young man named Ian, who experienced this firsthand.

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

“During his time in care he stated that he had one source of hope. His mother served honorably in the U.S. Navy and Ian was eligible for her survivor benefits through both the Veterans Administration and Social Security. He had hoped these funds would help him through college and to establish stable housing and secure transportation. However, Ian learned when he turned 18 and exited foster care that the system had depleted those funds.”

Committee members expressed similar sentiments to those that were heard during the debate in 2024. Ferguson Democrat Raychel Proudie has been among the most vocal.

“The fact that any government would do such a thing to some of the most vulnerable people on the planet, let alone children, is absolutely repugnant. The fact that we do this makes me sick. It’s outrageous,” Proudie said.

She explained how this practice could create a situation in which foster children don’t receive the same care that peers in their households receive, because there isn’t enough money to go around.

“I’m so embarrassed that our state does this. It does add some equity when you’re raising kids, foster children, to not treat them like they’re not your kids. That’s all they want, is to be treated like they belong somewhere.”

St. Peters Republican Wendy Hausman also filed a version of this proposal. She thanked Schmidt for carrying it.

“This is an amazing bill and it needs to be done, and we need to pass this as fast as we can because children need this.”

Chairwoman Holly Jones (R-Eureka) joined others on the Committee in thanking Speaker Patterson for making this a priority.

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

“I love that we are starting this year, this 103^rd General Assembly Children and Families Committee off with this bill, and something that we can all get around.”

HB 737 includes two other provisions.

One would specify that the offense of abuse or neglect of a child does not include letting a child do things like going to school or nearby locations on foot or by bicycle; play outside; or stay at home for a reasonable amount of time without supervision. Any such “independent activities” must be deemed appropriate for the child’s age, maturity, and physical and mental abilities.

The other would require the Children’s Division to attempt to place a child in its care with a person, agency, or institution governed by persons of the same religious faith as that of at least one of the child’s parents. Missouri Courts must already do so. The bill would require that the Division follow the same procedure.

The committee has not voted on HB 737.

Earlier story: House Acts to Stop State Seizure of Benefits Intended for Foster Children

House Acts to stop State Seizure of Benefits Intended for Foster Children

The House wants Missouri to stop taking money from the children in its care without their knowledge, money that they could use for things like continuing education, buying a home, or otherwise bettering their lives.

*Representative Hannah Kelly (Photo: Tim Bommel, Missouri House Communications)*

House Bill 2227 would end a practice legislators were “shocked” to learn the state has been engaged in, and one some called “egregious.”

Missouri has, for decades, taken benefits that are supposed to go to children in foster care and used them to pay its own agencies for providing that care. Those benefits include things like Social Security funds intended for those with disabilities, or survivors’ benefits for children whose parents have died.

About five percent of children under the state’s control are eligible for such benefits, which often amount to more than $900 a month per child. The intended recipients rarely know that someone else has applied for their money or that they were even eligible for these benefits.

As for how much money the state intercepted from children in its foster system last year alone, the bill’s sponsor, Representative Hannah Kelly (R-Mountain Grove) told her colleagues, “The fiscal note says there’s an impact of approximately $6,566,982. That money belongs to children who are wards of the state, who have lost parents and loved ones, who are owed benefits that the state takes.”

In 2018, the state intercepted $8.1 million; in 2020, $7.9 million; and in 2022, the figure was last checked at $7.1 million.

The legislation would allow that money to be used for unmet needs that exceed what the state is obligated to pay. Legislators heard that in the case of social security benefits for a child about to age out of the foster system, one year’s worth could translate to two years of books and supplies for college; ten months of rent for a one bedroom apartment; up to one year of childcare; or to offset four years of SNAP benefits.

As HB 2227 has progressed through the House, legislators at each step, upon hearing for the first time what Missouri has been doing, have responded with disbelief.

Ferguson Democrat Raychel Proudie stressed to her fellows, “This is not something that’s coming out of general revenue or any sort of taxes. This is money that belongs to those children. They are our children, those are considered Missouri’s children. No child wants to be in foster care and we certainly should not be charging children things that they are entitled to, to just give them a basal level of their living. These are the same children who sometimes go to their foster parents’ home with trash bags, everything that they own in the world, and we are still taking, taking, taking from these children.”

Before House members voted on HB 2227, Kelly stressed to them that passing it is the right thing to do.

“It ensures that moneys owed children go to the children.”

Proudie praised Kelly for bringing the legislation up, and for her continued commitment to issues concerning the safety and wellbeing of children.

“When we are doing the work and we are really listening like we’re supposed to in this building, these are the type of bills that happen as a result, and it’s some moments – and I have one every year – where I’m really, really proud to be a member of the body and this year’s bill is [HB 2227],” Proudie said.

The House voted 154-0 to send that bill to the Senate. That chamber could soon vote on whether to send its version of this legislation to the House.

Allergy safety in child care facilities the subject of House plan with bipartisan backing

Legislation that stems from the tragic death of a boy in Harlem in 2017 is back before the Missouri House.

*Elijah-Alavi Silvera*
*(Photo courtesy of Thomas Silvera)*

Though the operators of 3-year-old Elijah-Alavi Silvera’s daycare had been told he had a severe dairy allergy, he was given a grilled cheese sandwich. He went into severe anaphylactic shock and died. His death prompted his father to spearhead an effort that became known as “Elijah’s Law,” which was passed in the State of New York in 2019.

Since then it has also become law in Illinois and Virginia and as an ordinance in Kansas City. Missouri is one of five states in which it is proposed this year.

It is found in House Bill 2552, which would allow doctors to prescribe epinephrine auto-injectors, more commonly known as “epi-pens,” to childcare facilities. It would also require licensed childcare providers to adopt a policy on allergy prevention and response, with a special emphasis on deadly food-borne allergies.

The bill’s sponsor, Representative Jim Schulte (R-New Bloomfield), presented it last week to the House Committee on Healthcare Reform.

*Representative Jim Schulte (Photo: Tim Bommel, Missouri House Communications)*

“It pertains to a young boy who had a [dairy]* allergy. His mother was aware of it and she had told the daycare provider about it and even provided an epi-pen for them, however, they had no training and by the time they realized what was going on and called an ambulance, he had already passed away. His family is leading this. I think they’re in seven states now, with this bill,” Schulte told his fellow legislators.

There are some concerns among lawmakers, including a question of cost. Epi-pens are expensive, and the bill does not address how the cost for them might be covered. Schulte said grant programs are available and could apply.

Legislators also questioned a provision that would have the Department of Elementary and Secondary Education develop a model policy for allergy prevention and response and a guide for childcare providers. Some legislators suggest that would be better handled by a different agency.

Representative Anthony Ealy (D-Grandview) said it doesn’t matter to him from where the policy comes, as long as it is exhaustive.

*Representative Anthony Ealy (Photo: Tim Bommel, Missouri House Communications)*

“I think that DESE because childcare facilities fall under DESE, they should have a part to play in it, but it does make sense for the Department of Health to also have a voice in it. I just want the best professionals to be able to create a model,” Ealy said.

Committee Chairman Kent Haden (R-Mexico) said those are fair concerns, but at the heart of the bill is a serious issue that deserves attention.

“It’s a catch-22 sometimes we need to be aware of. I had a neighbor, a young lady that went on a float trip and ate muffins that had sesame seeds on them and died on the float trip … an allergy is a very severe, death threatening event,” Haden said.

Also sponsoring the same language is Representative Emily Weber (D-Kansas City), who said regardless of whether this bill becomes law, she hopes it raises awareness among the state’s childcare facilities.

*Representative Emily Weber (Photo: Tim Bommel, Missouri House Communications)*

“I would hope that daycare centers would hear a bill like this and start working on their procedures, on what happens if they accept a child who has horrible, maybe peanut allergies, which is like the most common one. I would hope that they would kind of move together and figure out their solution and their procedures on what to do,” Weber said.

“When something like [what happened to Elijah] happens, it can happen in an instant, and it’s all about timing at that point. Making sure you have the procedure: okay, the child’s going into anaphylactic shock, what do we do next? Where’s the epi-pen? Who do we call? Things like that.”

Similar proposals were filed by Weber and Ealy last year but neither was the subject of a hearing. Both say they are just glad to see the language getting traction, with Schulte’s version.

“I’m super excited about that. I’m so happy that Representative Schulte had a hearing … Representative Haden is a huge supporter of this bill. I talked to him last session about it … he read my bill and said this is a really good bill,” Weber said.

The Healthcare Reform Committee has not voted on Schulte’s bill. Weber’s version is House Bill 2036, and Ealy’s version is House Bill 2364.

Radio stations note: “Alavi” in Elijah-Alavi Silvera is pronounced like “Allah-vee”

Note to reporters: though sometimes reported otherwise, Elijah-Alavi Silvera had an allergy to dairy, not peanuts. This was confirmed by his father, Thomas.

Missouri House votes to extend child care worker background checks

The Missouri House of Representatives has voted to increase protection for children in the state’s childcare facilities by broadening background checks on those facilities’ workers.

Representative David Wood (photo; Tim Bommel, Missouri House Communications – click for larger version)

Versailles Republican David Wood told his House colleagues the state is not conducting background checks including fingerprints of those who come from out of state and apply to be childcare providers.

“We want to make sure our children in Missouri are safe. When you have a childcare provider and currently a fingerprint background check is not required so we’re only checking inside the state, so we could have a violent offender coming from another state crossing in and working in our childcare facilities … this is just a good safety issue for children,” said Wood.

Wood said his House Bill 2249 would put Missouri in compliance with federal regulations. Missouri is currently operating under a federal waiver, and once that expires on September 30, Missouri will lose about $5-million in federal grant money.

Unless and until it passes, he said parents don’t have much ability to know the background of those workers taking care of their children.

“These smaller providers actually have more restrictions than the larger ones do. They do the fingerprint background checks, but those that are receiving state money and federal money in the state of Missouri aren’t required to right now, so this fixes that,” said Wood.

Applicants undergoing background checks would be allowed to work in child care facilities while the check is being conducted, but could not be left with children unsupervised during that time. A worker would have to undergo a new check every five years.

The bill’s requirements would not apply to facilities not getting state or federal money, to those taking care of children within three degrees of relation to themselves, or those who have four or fewer children in their care.

The House voted 131-4 to send HB 2249 to the Senate. The same language is included in another bill, House Bill 2042, which has also been sent to the Senate.

The language of HB 2249 is also found in House Bill 2042, which reforms the sex offender registry.

See our story on HB 2042 by clicking here.

Bipartisan bill would help parents keep state child care assistance when receiving pay raises

Bipartisan legislation in the Missouri House seeks to help families stave off what’s called the “cliff effect,” with child care.

Representatives Cryscal Quade (left) and Dan Shaul decided to work together, across party lines, on a bill to help working parents keep needed child care subsidies when they earn a pay increase, while the two were on the state tour for freshmen legislators. (Photo; Chris Moreland, Missouri House Communications)

The “cliff effect” refers to a person receiving a pay increase that puts him or her over the income limit for receiving a state benefit.

“Basically it came down to this. You make so much money and all of a sudden you fall off the cliff. You get one more pay raise and you get no more day care subsidy,” said Representative Dan Shaul (R-Imperial). “We found that to be counterproductive to trying to hand up. All of a sudden, what’s the motivation to continue on?”

Shaul, whose wife is a social worker, and Representative Crystal Quade (D-Springfield), who herself is a social worker, are sponsoring identical legislation that would launch a pilot program in Green, Jefferson, and Pemiscot Counties. It would allow individuals to participate in an existing transitional program.

That program offers tiered levels of childcare subsidies based on the individual’s income level, but requires participants to start at its lowest income level. Under Quade and Shaul’s bills, a participant could enter the program at his or her current income level, rather than have to take a lesser-paying job.

Quade said the program would keep working parents from having to make tough choices about whether to accept better pay, or to decline it because it would not offset the cost of losing government assistance.

“It’s my belief that if we allow this to happen we will be essentially having more folks enter the workforce at a higher paying rate, eventually getting off of the state subsidies at every level if we’re allowing them to become productive members of society by not having to make those hard choices,” said Quade.

The House Committee on Children and Families held a hearing on those bills, House Bill 712 (Shaul) and House Bill 713 (Quade). They heard testimony from several Missourians including Leann Seipel of Sparta, who told representatives she had to turn down a 15-cents per hour raise to avoid losing her child care subsidy. She still lost the subsidy for one month.

“It cost me more than half of what I bring home in a month to provide child care for my children,” said Seipel. “We ate a lot of Cheerios and ramen noodles that month, and it took me four months to pay off that debt for one month of child care.”

“It’s a very scary thing when you’re sitting there and you’re trying to do the math and trying to figure out, if I take this raise or if I take this new job am I going to lose my child care subsidy or food stamps or something,” said Seipel. “When you’re living so close to the line, every little bit … it was a 15-cent raise. 15-cent raise killed us that month.”

Meghan Roetto of Republic moved from Montana to Missouri after her husband returned from serving in Iraq and left her and her daughter.

She told lawmakers she was frustrated when after going to college and getting a bachelor’s degree, she was offered a $10 an hour job, and that meant she would not be eligible for child care assistance.

“I felt punished for getting a degree and doing better, and being able to give to the workforce,” said Roetto. “I chose to move from the nice home I lived in which did not have expensive rent – it was a wonderful neighborhood – to a smaller apartment that didn’t have as nice of a neighborhood – it was not as safe – so that I could continue to work. I felt that I could move myself forward better.”

Shaul said he and Quade decided to work together on the issue after discussing it, “somewhere between Poplar Bluff, Missouri, and Rolla,” during the tour for freshmen legislators, held between the November election and before the start of session.

“It was a good trip. We talked about kids, and parents trying to raise kids, and how we could help them with the child day care subsidy,” said Shaul.

The committee has not voted on those bills.