Extensive Foster Care reforms passed in 2018 session set to become effective

The Missouri legislature this year passed a number of provisions aimed at making life better for children in the state’s foster care system.  Legislation that has become law would help children get an education, proper medical care, and ease their transition out of state care.

Representative Jim Neely carried Senate Bill 819 in the House and chaired a committee tasked with examining issues related to foster care. (photo; Tim Bommel, Missouri House Communications)

House Speaker Todd Richardson (R-Poplar Bluff) in January created the Special Committee to Improve the Care and Well-Being of Young People, to focus on foster care issues.  That committee and its chairman, Representative Jim Neely (R-Cameron), handled many of these provisions and oversaw combining several of them into one bill, House Committee Bill 11.  Many of them later became part of Senate Bill 819 which was passed and has been signed into law.  The provisions in that bill become effective August 28.

The Director of Missouri’s Office of Child Advocate, Kelly Schultz, has been a foster parent to 17 children over the years.  She said both as a foster parent and as the director, this year has been “huge,” for professionals, families, and most importantly children in foster care.

“Just to recognize what the professionals in foster care and what the foster families go through, and that really talking about it and just going through and looking at just everyday decisions that we make – as the legislative body, as the executive branch and policy – what those decisions are and how they impact the children in care,” said Schultz.

She said this year the legislature took steps toward doing the most important thing changes can do for children in Missouri:  to “normalize” their lives relative to those of their peers.

“Normalizing mistakes, normalizing learning, because that’s honestly what the teen years are about a lot of times, is testing boundaries, learning from that, moving forward, taking chances and risks,” said Schultz.

Schultz described some of the changes the legislature approved this year as “low-hanging fruit;” issues that were easily fixed that could have a major impact on the lives of children and those who work with them.

One example is a provision that allows children in state care to get bank accounts in their own name after they turn 16.  That measure was originally found in a bill handled by Representative Don Phillips (R-Kimberling City).

“I think it really gives the foster children some freedom, it gives them some independence, some responsibility, and they don’t have to have a co-signer or anything like that where most would have to have, and I just think it’s a wonderful opportunity for them,” said Phillips.

House Speaker Todd Richardson in January created the Special Committee to Improve the Care and Well-Being of Young People, which spent much of the 2018 session examining foster care issues. Much of its work became law in SB 819. (photo; Tim Bommel, Missouri House Communications)

Schultz said as a foster parent, that provision doesn’t just help children.  She was once “on the hook,” when a child whose account she was a co-signer on overdrew that account.

Another provision will allow fees for birth, death, or marriage certificates to be waived if those documents are requested by certain state agencies on behalf of a child under juvenile court jurisdiction.

The sponsor of the original legislation dealing with that, Representative Mike Kelley (R-Lamar), said the fees for those documents might be considered nominal to most people, but they can seem insurmountable to children trying to gain their independence.

“It’s hard for most citizens to realize that $10 or $15 to someone who doesn’t have a job and has no way to make income is a huge amount of money and a burden upon those citizens that truly are wards of the state that we should be looking out for and doing what we can to help them be successful,” said Kelley.

Also included in SB 819 are provisions to:

– Allow a child who is homeless or in state care and who has not received all his or her required immunizations to enroll in school, daycare, preschool, or nursery for up to 30 days while he or she begins getting caught up on those immunizations.

– 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.  Current law requires screenings of children in state custody every six months.

– Allow minors to contract for admission to a rape crisis center if qualified as specified in the act

SB 819 also creates the “Social Innovation Grant Program.”  It will create a state program to fund pilot projects that seek to address social issues such as families in generational child welfare, opioid-addicted pregnant women, or children with behavioral issues who are in residential treatment.  Projects receiving grants should have the potential of being replicated to get the most out of state funds and address such concerns.

Earlier stories:

House prepares extensive foster care reform legislation

House prepares extensive foster care reform legislation

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)

House Speaker Todd Richardson (R-Poplar Bluff) in January created the Special Committee to Improve the Care and Well-Being of Young People to focus on improving the state’s child welfare system.  That committee is chaired by Cameron Representative Jim Neely (R), who selected 11 of the bills assigned to it to be combined into House Committee Bill 11.

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.

“This young lady said a lot of adults had let her down, and so I chewed on that and thought about life and what I needed to do, and that was probably the seed that caused me to run for office a few years later,” said Neely.

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.”

“There’s an incident in the Kansas City area where a child was over in Kansas and if we’d been able to share information with the State of Kansas we might have been able to prevent a horrid situation over there,” said Neely.  “We’re just trying to make [things] a little more user friendly and get the foster parents a little more safety net.”

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)

That portion of the bill came from House Bill 1944 sponsored by Representative Sonya Anderson (R-Springfield).

“House Bill 1944 would allow the Department of Social Services to utilize the RAPBACK program, which is the Record of Arrest and Prosecution, and so it’s a more instant update if a foster care parent or someone who resides in the house has been charged with a crime,” said Anderson.  “We want to make sure that [foster] children are in the safest environment as possible.”

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)

“This would change the requirements so that every child in foster care is receiving these kinds of screenings, not just children under the age of ten.  Additionally it means that they’ll receive more appropriate care, so according to the experts – the American Academy of Pediatrics – our children in foster care will go to the doctor according to their recommendations and that schedule as opposed to the legislature saying they have to go every two years,” said Arthur.  “For older kids in foster care, often when they are pulled out of school more than their peers it adds to a feeling of stigma – they feel like they’re different from their classmates – and we certainly don’t want them to feel different or have to go to the doctor more than anyone else just because they’re in foster care.”

Another portion of HCB 11 comes from House Bill 1862 sponsored by Representative Phil Christofanelli (R-St. Peters).  It would enable investigations of abuse of children in foster care in Missouri when it happens outside of the state.

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.”

“This is just eliminating some loopholes that have resulted in some unfortunate situations in the past and making sure that we have full communication across state lines to protect kids,” said Christofanelli.

He said HCB 11 is combining a number of efforts to fix situations in which lawmakers are told, all too often, that children are being “left behind.”

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

“It’s one of the most rewarding parts of being in the legislature and it’s such an easy fix.  It’s shocking to me that this hasn’t been done yet because we’ve seen case after case where problems like this arise across state lines,” said Christofanelli.  “Our kids are our greatest asset here in Missouri and if there’s anything that we can do to help keep them safe then we’re going to do it as the legislature, so I’m honored to be a part of that process.”

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.

Stevens said she’s glad to be on the committee but says it has more work to do even if HCB 11 becomes law, “particularly with children aging out of the foster care system, so I’m hopeful that in the interim, with stakeholders and advocates and experts and folks on both sides of the aisle we can bring forward more solutions next year to help address issues around foster care and support the Missouri youth that are aging out of foster care.”

      Other parts of HCB 11 would:

– Provide free birth certificates to children in foster care, making it easier for them to become independent (found in House Bill 1470 sponsored by Representative Mike Kelley, R-Lamar)

– 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)

– Establish guidelines for educating children in court-ordered group homes or institutions for delinquent or neglected children (found in House Bill 2625 sponsored by Representative Lyle Rowland R, Cedarcreek)

– 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)

Missouri House adopts resolution launching investigation of charge against Gov. Greitens

“We will do our best.”

Representative Jay Barnes presents a resolution that would launch the House’s investigation into a felony charge against Gov. Eric Greitens. (photo; Tim Bommel, Missouri House Communications)

That was the final statement to the House Thursday from Representative Jay Barnes (R-Jefferson City) before the chamber adopted a resolution that launches its investigation of a felony charge against Governor Eric Greitens (R).  Barnes will chair the Special Investigative Committee on Oversight that will conduct that investigation.

A St. Louis grand jury last month indicted Greitens for felony invasion of privacy.  He is accused of taking, without consent, an intimate photo of a woman with whom he had an affair in 2015.

House Resolution 5565 authorizes the Committee.  It was approved 154-0.

Barnes discussed with other members how the investigation will be conducted.  He said the committee will close its hearings to the public when witnesses are giving testimony.

“The reason for that, if you think about legal process and the context of a trial where testimony is given, other witnesses in a case are excluded from the courtroom while a separate witness is testifying … lawyers call that, ‘invoking the rule.’  So we could ‘invoke the rule,’ but if we have a public hearing, invoking the rule means nothing because everything that a previous witness says would be reported to other potential witnesses and they could come in and that would color their testimony based on what they had heard previous witnesses have said, and I think the best way to get accurate information is to close those hearings so that other potential witnesses don’t know what previous witnesses said,” Barnes explained.

Barnes said the first witnesses the committee will question are individuals that were identified in publicly-available documents and documents that have been reported on, though he did not name them.  He said subpoenas would be sent to those witnesses.  Based on their testimony, more individuals could be called to testify.

House Speaker Todd Richardson (right) and Majority Floor Leader Rob Vescovo (left) talk with Representatives Jay Barnes (second from right), who chairs the Special Investigative Committee on Oversight, and Representative Don Phillips (seated), the vice chair of that committee. (photo; Tim Bommel, Missouri House Communications)

Democrats expressed concerns that they would like more clarity about what possible actions will remain after the committee completes its work, but in the end they joined in supporting the resolution.

Columbia representative Kip Kendrick (D) said the situation with the governor has become a distraction for lawmakers.  He wished the committee well in conducting its investigation.

“It’s an embarrassment for everyone in this body, for everyone in this chamber, for the whole state,” said Kendrick.  “The charge of this committee to hold this investigation is very serious.  Outside of passing the budget this year it’s probably the most serious thing that’s happening … I hope that everyone in this chamber, on both sides of the aisle, don’t enter into the partisan bickering or partisan fights on this moving forward.  There are going to be attempts to make this a partisan issue and it’s not.  This should be a fair and thorough process that should be allowed to play out.”

House Minority Leader Gail McCann Beatty (D-Kansas City) asked Barnes about the process, and at the end of her inquiry told him, “We’re putting all of our trust in you to handle this properly.”

Barnes acknowledged to the chamber the levity of the job before him and the committee.

“This is a solemn and serious obligation.  Thank you for the trust that you have placed in me and the members of this committee and the trust that this body places in us.  We will do our best,” said Barnes.

The committee, whose other members are vice chairman Don Phillips (R-Kimberling City) and representatives Jeanie Lauer (R-Blue Springs), Kevin Austin (R-Springfield), Shawn Rhoads (R-West Plains), Gina Mitten (D-St. Louis), and Tommie Pierson, Jr (D-St. Louis), is expected to begin holding hearings next week.

(VIDEO) Rep. Bruce Franks discusses chairmanship of new panel on police/community relations

Representative Bruce Franks, Junior (D), has been chosen by House Speaker Todd Richardson (R) and Representative Don Phillips (R), the chairman of the House Committee on Crime Prevention and Public Safety, to chair the newly formed Subcommittee on Police/Community Relations.

Franks discusses why the House Republican supermajority’s leadership considers him an “ideal choice” to head this committee, even though he is a member of the Democratic minority.  He also talks about the work the committee will do and  how he plans to approach that task.

Franks sits down to discuss the new subcommittee with House Communications’ Mike Lear.

House endorses tougher penalties for crimes against law enforcement

The state House is close to proposing greater penalties for those who commit certain crimes against law enforcement officers.

Representative Marsha Haefner (photo; Tim Bommel, Missouri House Communications)
Representative Marsha Haefner (photo; Tim Bommel, Missouri House Communications)

House Bill 57 aims to increase by one degree the penalty for voluntary or involuntary manslaughter, first- or second-degree property damage, unlawful use of a weapon, rioting, or first-degree trespassing, when those crimes are committed against a law enforcement officer.

It’s sponsored by St. Louis Republican Marsha Haefner, who said she hoped the bill would deter the committing of crimes against law enfrocment.

“It is intended to show meaningful and additional support for our officers across the state.  It is also to express the level of intolerance Missourians have for those who commit crimes against the very people who have taken an oath to protect and serve us and protect our property,” said Haefner.

Some Republicans expressed reservations about the proposal.  Cedar Hill Representative Shane Roden, a firefighter and reserve deputy sheriff, said he was not supportive of changes from an earlier version that would have increased penalties in crimes committed against other first responders, including firefighters.  He spoke of an attack on his wife, who was attacked in the back of an ambulance two years ago.

“Our men and women from the fire service, from the ambulance side of things, are just as likely to end up getting attacked as the first responders,” said Roden.

Roden attempted to change the bill to extend to all first responders, but his amendment was defeated.

Kansas City Democrat Brandon Ellington believes the House shouldn’t be debating this issue when he and many Democrats believe it hasn’t done enough to respond to the 2014 shooting by a Ferguson police officer of Michael Brown or the unrest that followed.

“We haven’t had one officer that’s been shot down in the street and left there for six hours.  Not one.  But we’ve had other people of other colors that’s been left in the streets for over six hours and we can’t work on any kind of accountability legislation,” said Ellington.  “The only thing we want to do is give increased protections to those that aren’t in jeopardy.”

St. Charles Republican Kathie Conway is married to a retired police officer.  She said the bill would reinforce the legislature’s commitment to law enforcement.

“It’s not that the people that were out there ten or twelve years ago are any more dangerous, it’s that they are emboldened,” said Conway.  “I don’t remember the last time, before the incident in New York, that people walked up and shot two officers sitting in a squad car.  I don’t remember a time before when a peaceful march was taking place in Dallas and someone opened fire only to kill police officers.”

Representatives Brandon Ellington (left) and Bruce Franks, Jr. (right) stand on either side of Representative Tommie Pierson, Jr.   (photo; Tim Bommel, Missouri House Communications)
Representatives Brandon Ellington (left) and Bruce Franks, Jr. (right) stand on either side of Representative Tommie Pierson, Jr. (photo; Tim Bommel, Missouri House Communications)

St. Louis City Democrat Bruce Franks, Junior, cited two of his family members who were law enforcement officers that were shot and killed.  He said for that and other reasons, it is difficult to oppose House Bill 57.

“You never want anybody to think that you don’t care about law enforcement or you don’t feel that law enforcement should be protected each and every day and they shouldn’t return home.  That’s not my objective and that’s not where my heart is,” said Franks.  “We have measures in place … to put more into that, it doesn’t deter.  It won’t keep officers safe.  Nobody’s going to think about the fact that they have this enhanced penalty in the back of their head when they go do something horrendous to an officer, which is sad, but when somebody makes that decision, they’ve already made that decision.”

Kimberling City Republican Don Phillips, a retired Highway Patrol trooper, said he has no problem with the bill treating law enforcement like they are special.

“I can tell you when you get up in the morning and you get ready to go to work and the first thing you do is strap on a bullet proof vest, you strap on a – in my case – a .40-calibur Glock automatic and put 47 rounds of ammunition around your waist, you’ve got handcuffs with you, you’ve got an expandable baton, you’ve got another baton in your car, you’ve got a 12-gauge shotgun that’s loaded for riot situations if it comes down to that, you’ve got pepper mace, Mister Speaker when those are the tools of your trade, you’re not a normal citizen.  You’re a special person in society.  You’re a person that represents our law and order,” said Phillips.

The House also gave initial approval to House Bills 302 and 228, which would create a Blue Alert System.  It would be meant to help identify, find, and apprehend anyone suspected of seriously injuring or killing a law enforcement officer.  The system would send out messages over television and radio about those suspected of such crimes.

House Bills 302, 228, and 57 all need one more favorable vote to be sent to the state Senate.