Tag: Hannah Kelly

An End to State Seizure of Foster Children’s Benefits Headed to Governor’s Desk

      The Missouri legislature has voted to ensure that money intended for children in the state’s foster care system goes to those children and not the state, and in doing so the House has kept a promise it made in January.

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

      Legislators first learned during the 2024 session that the state had for decades been intercepting benefits intended for foster children – things like railroad pensions and social security payments – and applying that money to the cost of providing their care.  In fiscal year 2024, that amounted to more than $10.6 million seized by the state. 

      House members were “shocked” to hear that children, particularly those who have already gone through a tragic life-altering event, who have lost their parents, were being “victimized,” as one lawmaker put it, by the state.   

      “That was the other thing that kind of sealed the deal for me:  hearing stories of kiddos that this actually affected,” said the sponsor of House Bill 737, Melissa Schmidt (R-Eldridge).  “Children that knew that there were pension dollars reserved for them and then expecting that when it was time for them to age out, and then coming to the realization that they wouldn’t have access to those dollars, and they were planning to use those for education, for transportation, for housing, all the things that we want them to be able to use those dollars for, and I would say the things that their parents who left the pension had hoped they could use those dollars for.”

      Representative Raychel Proudie (D-Ferguson) said of the legislation, “These children, who’ve already been through something traumatic which brought them into our care, should not be subject to something unique and even more punishing.”

      Schmidt, who is in her first year in the House, took up the legislation after talking to the predecessor in her house seat, Hannah Kelly, who originated it.  Kelly, whose focus during her four terms was on children and what the state can do about the traumas they face, returned to the Capitol this week after learning that HB 737 had been sent to Governor Mike Kehoe (R). 

“Nobody likes to talk about the state-induced trauma, and I believe this bill embodies correcting a long-standing, state-induced trauma.”

      Kelly often mentions one little girl who approached her during the proposal’s first committee hearing last year.

      “She just looked up at me with big ol’ eyes and she said, ‘You filed that bill?’ and I said, ‘Yes, ma’am,’ and she said, ‘Well that bill’s going to help me.’  Those are few words, but her and I both knew what those words meant.  That was her way of telling me, ‘I lost my parents, I’m in foster care, and it’s going to help me.  The enormity of the grief attached to, ‘That bill’s going to help me,’ really touched my heart that day … I’d always kind of give a renewed push when I thought of that girl, and she was the first thing I thought of when I got the word that it had been truly agreed and finally passed.”

      Kelly had to leave the House due to term limits and when Schmidt won that district the two of them spoke, and Kelly asked her to take up this bill.  Schmidt said in spite of the fact that she and her husband have served as foster parents and have a long history with the system, she had never heard this was happening.

      “When we began to have this discussion I thought, ‘This is a no-brainer to me this needs to be adjusted and fixed,’ and I will say that the department has worked very well alongside me … they also saw that it was an area that needed to be fixed.”

      Schmidt said the legislation will end a practice she, as so many before her, called “shocking,” while ensuring the state Children’s Division will be able to continue to provide care.    

“We were able to work closely with our budget committee to ensure that the department was still able to care for foster kids.  That way it wasn’t a burden to them too, but I think the perspective that we came with was that actually was never our money, so it never should have been something we were using.  So, yes we had to get strategic but we found the dollars and our department will be able to continue to care for children the way they should and our foster kids will get the pension dollars that are earmarked for them,” Schmidt said.

      Proudie, who has been one among the most vocal about this issue since its introduction, said of the bill’s passage, “I’m glad it finally went through.  Finally, we can give foster kids what they’re entitled to and what they deserve.  We should not be charging children for existing and their own expenses.  When they become Missouri’s kids they become Missouri’s responsibility not their own responsibility.  We don’t treat any other children like that in the State of Missouri.”

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

      Proudie said she hopes that a next step will be to find a way to do something for those whose money has already been taken by the state. 

“I hope we provide some kind of remedy or reparations for them.  And, a lot of them who have gone through this have come back to testify, of course they’re not bitter about it.  They want this, they know that this is an issue, they live this issue, they don’t want it to happen to any other children,” Proudie said.  “I don’t know what that would look like because it’s been tens of thousands of children over time, and it would be something we would have to appropriate, but I’m certainly interested in a conversation.”

      The legislation had fallen short last year despite its broad, bipartisan support and outrage at the practice.  When this year’s session began in January, House Speaker Jon Patterson (R-Lee’s Summit) pledged that it would be passed this year.

      “When we all convened here January 8 we said that was our number one priority and I’m happy to see that it got done.  I think it got even better with some of the other provisions on there, and I think the governor will get that signed and I’m very happy that we were able to do that.”

      Among the “other provisions” added to HB 737 were language to nullify nondisclosure agreements in child sexual abuse cases, and to ban marriages for anyone younger than 18.

      The House’s last vote on HB 737 was 129-14.  It now awaits action by Governor Kehoe, who once his office formally receives it, will have 15 days to either sign it, veto it, or allow it to become law without his action. 

Previous stories:

House Renews Effort to End State Seizure of Foster Children’s Benefits 01-22-2025

House Acts to stop State Seizure of Benefits Intended for Foster Children 04-02-2024

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 103rd 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. 

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

      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.

VIDEO: ‘Baby Box,’ created by House efforts, used for first time to safely surrender a newborn

For the first time in Missouri a “Baby Box,” allowed in state law thanks to a 2021 House bill, has been used to safely hand over a newborn to emergency officials.

Last Thursday a baby girl believed to have been several hours old was left in the “Safe Haven Baby Box” at a Mehlville Fire Protection District Station 2. The child was taken to a local hospital, and is now in state custody. Authorities said she is in perfect health.

For mothers in need of help, the Safe Haven Crisis Line is (866) 99BABY1, or visit shbb.org

The Baby Box, installed in August and the only one in Missouri, is built into an outer wall at the Fire Station. It allowed the mother to place the girl into a bassinet and close the door. This triggered alarms in the fire station to let personnel know that a child had been relinquished.

Missouri law has since 2002 allowed for babies to be dropped off at places including hospitals and fire stations. The 2021 proposal from Representative Jim Murphy (R-St. Louis) to allow Baby Boxes in Missouri meant to expand on that 2002 law, to allow a person to drop off a baby without interacting with anyone, and with complete anonymity.

Murphy shared the news with his fellow legislators on Monday, and commended the little girl’s mother.

See our earlier story on the installation of this Baby Box

“She should be honored for making a great decision for a baby girl, who now will have a fruitful life,” said Murphy. “I personally would like to thank everybody in this body who voted for that bill, because today we celebrate life and saving a baby’s life, and I think that’s something worth celebrating and I think we should all be very proud of that.”

House legislation enables safe place to surrender newborns in Missouri

The first Baby Box in Missouri has been installed, and more are coming. 

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

      Baby Boxes are an extension of the Safe Haven law, which allows parents to relinquish a newborn up to 45 days old without fear of prosecution.  That law, in place in Missouri since 2002, allows for babies to be dropped off at places including hospitals and fire stations, but Baby Boxes offer an option for parents who don’t want face-to-face contact.

      “The whole idea of the Baby Boxes is [for there to be] no interaction with one human to another, so if you just want to do it and you want to do it anonymously, this is a method of doing it,” said Representative Jim Murphy (R-St. Louis), who sponsored the language that made Baby Boxes an option in Missouri.

      For mothers in need of help, the Safe Haven Crisis Line is (866) 99BABY1, or visit shbb.org

      The first Box in the state is in his district, at Mehlville Fire Protection District Station 2.  There is a commitment for a second Box at Mehlville, and more fire stations in the state are expressing interest.

      Murphy said the Safe Haven Law is saving the lives of children. 

      “It’s happened time and time again where we’ve discovered babies in alleyways or in dumpsters and so forth.  For a woman to give up her child after birth has got to be a traumatic decision to make.”

      The box is built into an outer wall at the Mehlville Fire Station.  A parent can open it, place a baby inside in a bassinet, and close the door.  Alarms will alert personnel on duty, who will remove the bassinet and take the baby to a hospital.

      “I think the most important thing is that we try to deliver a message to mothers who are in this situation that their baby will be taken care of, and that’s the whole, entire goal of this thing is that the child shall have a good life from that day on and that we don’t villainize the person that gave the baby up.  We actually honor them for making a decision that if they can’t care for their baby that they gave it up in a proper way.” 

      Murphy said since his language became law two years ago, the state had to develop language to ensure Boxes would be safe.

      “Everything’s inspected properly, everything’s wired properly, the bassinet’s correct, there’s nothing in there that could endanger the baby, the alarms are set so that there are people readily available to retrieve the child … there’s all kinds of regulations that had to be promulgated to make sure that within a minute or two that that baby is put into care.”

      Founder and CEO of Safe Haven Baby Boxes Monica Kelsey helped guide the legislation that allows for these Boxes in Missouri and other states.  So far more than 160 have been installed.

      “I introduced baby boxes to allow parents anonymity so they can place their infant in an electronically monitored box that calls 911 on its own.  It’s heated, it’s cooled, and the infants are only in these boxes for right about two minutes.  With the amount of stories that we’re having across this country right now with babies being abandoned, these boxes are saving the lives of these kids now where before they were being thrown in dumpsters, trash cans, alongside highways, and stuff like that.”

      She said there are many reasons a parent might want to give up a child, including factors like financial struggles, mental health issues, or domestic abuse.  She wants people to support those who utilize the Safe Haven Law.

      “Every story is different.  Every story is unique, and every person handles crisis differently, but the one thing that all of these parents that are surrendering are doing is they’re putting their child first, and we should celebrate that.”

      Babies who are dropped off under Safe Haven receive immediate care, and Kelsey said they are adopted within 30 to 45 days. 

      “Every baby that has come through the Baby Box program and the Safe Haven program has been adopted.”

      For those who drop off a baby under Safe Haven, there is time to change their mind and reclaim their child. 

      “I don’t think our intent is to take babies away from parents.  Our intent is to protect children,” said Murphy.

      “They can get their children back as long as the termination of parental rights has not happened and that usually takes between 30 and 45 days,” said Kelsey.

      The installation of this Baby Box has gotten a lot of attention, but Murphy and Kelsey want to stress that it is not the only place in the state to drop off a child.

      “Every hospital in America – every hospital in the State of Missouri – is a Safe Haven location, and most [states’ Safe Haven laws also] have fire stations, Missouri is one of them, so every fire station that is manned – that is also another avenue for women in the State of Missouri,” said Kelsey.

      Murphy’s Baby Box language was introduced in 2021 as House Bill 76, which was approved by the House 151-1.  It was later amended to and became law as part of, House Bill 432 sponsored by Representative Hannah Kelly (R-Mountain Grove). 

      Since its installation in August, the Box in Mehlville hasn’t been used.  Since the Safe Haven Law was adopted in Missouri in 2002, 61 babies have been surrendered.  

      Kelsey said those who want to see a Baby Box installed in their community can contact her organization for help.

      “We’ll walk alongside you, or contact Mehlville Fire.  Talk to Chief [Brian] Hendrix.  See what his process was, see what he’s learned along the way … contact us if you want to get started.  We’ll help you raise the funds so the government doesn’t have to pay for it.  Mehlville Fire was 100% not tax dollars, so donors stepped forward for that … and that’s what we like to see.  We like to see the communities come together and do this on their own.”

      For mothers in need of help, the Safe Haven Crisis Line is (866) 99BABY1.  Kelsey’s organization, Safe Haven Baby Boxes, can be found online at shbb.org. 

Expansion of adoption tax credit sent to governor

      Missouri legislators hope one of the bills they’ve sent to the governor will lead to more children being adopted into loving homes. 

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

      One of the provisions in Senate Bill 24 would expand Missouri’s adoption tax credit, which offers a nonrefundable tax credit for one-time adoption-related expenses such as attorney fees, up to $10,000 per child.  That credit is capped at $6-million a year.  SB 24 would remove that cap, makes the tax credit refundable, and would have the per-child limit adjust with inflation.

      Those proposed changes are now awaiting action by Governor Mike Parson (R), and their House sponsor, Hannah Kelly (R-Mountain Grove), couldn’t be happier. 

      “I just think we did something really good today.  I honestly had given up on it and then it passed.  I couldn’t hardly believe it.  Now it’s on the governor’s desk.  I’m very thankful,” said Kelly.  “We’re just saying, ‘Hey, we’re here to make sure that we invest in these kids and these families, help them get across the line, get them out of the system, get them building their futures together as a family.’”

      More than 2,200 Missouri children are awaiting adoption.  Representative Keri Ingle (D-Lee’s Summit) once worked as an adoption specialist with the state Children’s Division, and said most of the families who would adopt those children see the system as complicated and laced with prohibitive expenses.

      “They know it costs a lot of money, they know it’s hard, they know that they have to jump through a lot of bureaucratic hurdles, but they don’t know that there’s support on the other end of it.  They don’t know that they’ll be eligible, perhaps, for a subsidy and tax credits and things like that, that will help them complete their family and get kids out of foster care and make it affordable and not cost prohibitive.”

      Ingle said this bill could make a huge difference.

“We have kids that linger in care indefinitely and unnecessarily, because there are so many families out there that want to adopt kids, that want to create forever homes for these kids, but they just feel like it’s beyond their fiscal ability to do so.  Anything we can do to help them through that process and create that forever family and get these kids out of [state] care … there are way too many people that would love to expand their families and adopt.”

      The bill is especially personal for Kelly, who talks often to her colleagues and in public settings about her own experience adopting her then-teenage daughter. 

      “My daughter is building her own life and celebrating her impending wedding coming soon and going to college and doing all the things that you hope to see your children do, not because of me but because she simply had the opportunity to know she had a forever home base to come back to.  To be a part of that is a privilege and to get to be a part of helping Missouri families provide that for children who otherwise would not have that, is a privilege.”

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

      Ingle said even as other issues have caused tension between her party and Republicans there has been a lot of cooperation on issues like this one, and she’s been glad to be a part of it.

      “We’ve been really, really lucky to have a specific group of people in my tenure that have really placed children and child welfare at the forefront of what we work on and placed partisan ship at the very, very back when it comes to those things.  Politics has nothing to do with child welfare and it shouldn’t have anything to do with that.  We should all come together and do what’s right for the kids of this state, and so I’m always really proud to see the work that my colleagues do, on both sides of the aisle, when it pertains to that.”

      Kelly added, “If any Missouri family wants to give a child who does not have a forever home a home we need to back up and support them, and that is what this credit is about.”

      The House’s final vote on SB 24 was 139-5.  It now awaits the governor’s decision to either sign it into law, veto it, or allow it to become law without his action.

Ban of invasive medical exams without consent sent to governor

      The legislature has voted to ensure that Missouri patients can no longer have invasive medical examinations performed while they’re unconscious and without prior knowledge or consent.

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

      Legislators were told that medical students and residents have been allowed and even directed to perform anal, prostate, or pelvic examinations on unconscious patients as part of their instruction, sometimes without those patients’ consent. 

      House Bill 402 contains several provisions regarding healthcare.  One of those would specify that such exams on unconscious patients may only be conducted when that patient or their authorized representative has given consent; the examination is necessary for medical purposes; or when such an exam is necessary to gather evidence of a sexual assault.  The legislature voted last week to send HB 402 to Governor Mike Parson (R) for his action.

      Representative Hannah Kelly (R-Mountain Grove) sponsored that provision.  She told House Communications, “The patient has the right to know what’s going on.”

      She said her first concern regarding that issue was for survivors of sexual assault, some of whom she knows personally.

      “If you talk to sexual assault survivors, often times they’re very hesitant, especially if they’re younger, to go seek healthcare and to have confidence to get the proper healthcare that they need.  This was brought to me out of the concern that we make it abundantly clear in statute that if you’re going to put somebody under anesthesia in regards to any kind of female exam that they have full disclosure of what’s happening before you go under,” said Kelly.  “I think anybody likes that, right?  But especially if you’re a sexual assault survivor that’s something that is of utmost importance to make sure that you’re getting what you need from your healthcare provider because you’re hesitant, because you’re not secure and you’re not feeling confident of the process.”

      The patient examination issue was an important one for legislators in both parties, and as a standalone bill, was voted out of the House 157-0.

      Representative Patty Lewis (D-Kansas City) was glad to see it achieve final passage this year.

Representative Patty Lewis (Photo: Tim Bommel, Missouri House Representatives)

      “I’m a nurse by background.  I worked in academic, teaching hospitals.  I worked with residents and med students all the time and when I first learned about this issue I was shocked.  I couldn’t believe that intimate examinations were happening to people without their consent.”

      Lewis noted that this passage shouldn’t hamper students’ abilities to learn.  She said they have other chances to receive instruction in such examinations.

      “If you go to one of the academic facilities you can opt in to have the med students or residents be part of your care team, or opt out if you don’t want to.”

      Any health care provider who violates the new section of law, or any supervisor of a student or trainee who violates it, would be subject to discipline by their licensing board.

      Kelly, meanwhile, encourages Missourians to ask questions of their healthcare providers and to makes sure they are made fully aware of what will happen if and when they are put under anesthesia.

      The House voted 120-31 to send HB 402 to Governor Parson, who can now sign it into law, veto it, or allow it to become law without his action. 

House votes to bar invasive patient exams without consent

      The Missouri House has voted unanimously to end the practice of performing certain invasive medical exams on patients who are unconscious and have not given consent. 

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

      Legislators learned that in Missouri and elsewhere, medical students and residents in teaching hospitals are allowed and even instructed to perform anal, prostate, or pelvic exams on unconscious patients as part of their instruction. 

“That’s a really bad practice because it’s not a good way of teaching students, but it’s also incredibly traumatic and harmful for that patient, to know that they could have been violated while they were unconscious,” said Matthew Huffman with the Missouri Coalition against Domestic and Sexual Violence.

Representative Hannah Kelly (R-Mountain Grove) agrees and she sponsors House Bill 283, which would require informed consent from the patient or someone authorized to make decisions for them, unless the exam is deemed necessary for diagnostic purposes, or for the collection of evidence when a crime is suspected and the patient cannot give consent for medical reasons.  If an exam is performed the patient would have to be notified. 

      “This bill is aimed at making sure that those who are survivors of trauma don’t have to experience further trauma as they go seek healthcare from their provider,” said Kelly.  “I want to make sure that sexual assault survivors can confidently walk into their doctor’s office and know that they are empowered to be in control of the process and that there are no surprises.  I have seen firsthand how important that is to strengthen the individual.”

      Huffman explained that this issue is particularly important for the people his organization works to protect.

      “The harm a survivor may feel is retriggering for the simple fact that we know survivors of sexual violence have felt a loss of their own bodily autonomy, and it can be retriggering to find out that someone performed an exam on you while you were unconscious without you being able to give specific consent.”

      Kelly said she has seen what Huffman is talking about through her daughter, who has given Kelly permission to speak publicly about her experience and encouraged her to pursue related policy.   

“She is someone who has dealt with the unfortunate situation of being a victim of sexual assault … we all need healthcare, right?  Someone who is a victim of assault, that’s a paramount kind of subconscious concern is, ‘Okay, am I going to be safe?  Am I going to be in control of this situation?’” 

      Both Kelly and Huffman say whether this bill becomes law this year, they hope it will help call attention to what has been happening to some patients and what people can do now.  They encourage people to ask questions when visiting a medical practitioner. 

      “I would hope that an individual who might … feel like they’re not getting full disclosure or they feel like they have questions, I hope he or she will raise their hand and say, ‘I have some questions.  What are we going to do here today?  There’s not going to be any surprises, right?  Walk me through what’s going to happen once I go under anesthesia,” said Kelly.  “That’s what I would hope, is that people feel empowered to hold up their hand and say, ‘Hey, make sure that I understand what’s happening here, please.’”

      Huffman said what is as important as anything about this proposal, which has come up for several years now but has yet to reach the governor, is that it’s made people aware that these incidents are happening.

Representative Patty Lewis (Photo: Tim Bommel, Missouri House Communications)

      “As soon as we started talking to people about it, everyone’s jaw immediately drops open [as if to say] how is this a thing that could even still be occurring and why have I never heard about it?  So that’s why we really wanted to bring a lot of attention to the issue because once people know that it’s a thing they absolutely want to make sure that it’s no longer a practice that can happen.”

      Representative Patty Lewis (D-Kansas City) was one of the legislators who expressed the surprise Huffman references, when HB 283 reached the House Floor.

“Last year was when I was first made aware of this practice, and I worked in academic, teaching hospitals and wasn’t aware that was going on.  Quite frankly I was shocked … is this really, really happening?”

      Huffman said what is not known is how often such instances are occurring, largely because they aren’t always reported.

“For anyone who has experienced this, they become aware of it after the fact, and that can be a really traumatic thing to want to speak openly about.”

      HB 283 was sent to the Senate on a 157-0 vote and awaits action in that chamber.  A similar measure has been advancing through the Senate.

Production note: some of Rep. Kelly’s audio was overmodulated and not fit for air, so it is quoted here but not linked.

Legislative package addresses domestic violence, trafficking

      Missouri legislators passed a package of measures intended to protect victims of sexual and domestic violence and trafficking before the 2022 regular session drew to a close on May 13.  Senate Bill 775 contained language sponsored by several House members, and now awaits action by Governor Mike Parson (R).

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

      “It’s our big legislative win for this session,” said Jennifer Carter Dochler, who was the legislative liaison for the Missouri Coalition against Domestic and Sexual Violence during the regular session. 

      The bill was handled in the House by Representative Hannah Kelly (R-Mountain Grove), who was glad to see it reach the governor’s desk despite issues in the legislature that created challenges for all legislation this year.

      “At the end of the day the process that our founding fathers set out caused it to be that we were able to come together and accomplish something good despite our differences and that is a beautiful thing that everybody needs to walk away remembering should always be our highest priority.  You’re not going to find a better [issue] to do it on than this.”

      Kelly said of particular importance to her, personally, in SB 775 is the language that establishes the “Sexual Assault Survivors Bill of Rights.”  This seeks to make sure victims know their rights regarding the gathering of evidence and related medical exams; access to incident reports; and protections from intimidation and harassment by an attacker. 

      Kelly said someone important in her life is a victim of rape and, “The provisions in this bill, I believe, would’ve brought justice for this person in a swifter manner.”

      The Bill of Rights portion is meant to, among other things, give some clarity and guidance to victims, who often find themselves traumatized and with no knowledge of what to do or to whom to turn.

“All [that a victim knows] is a really horrible thing has happened that nobody ever dreams will happen to them,” said Kelly.  “The heart and soul of it is protecting victims and providing stronger protections and providing education … and what greater cause to unite behind than educating and empowering victims in these horrible situations to know what their rights are and to know the pathway by which they can appropriately seek justice.”  

      SB 775 also clarifies definitions in Missouri law regarding “sexual contact” and “sexual conduct.”  Representative David Evans (R-West Plains) said he dealt with at least one case, during his 28 years as a judge, in which unclear definitions regarding contact with minor victims hindered prosecution.

      “Taking ambiguous law or badly written law and making it clear is important clearly for the victims of crime but also clarifies, which is required in criminal law, exactly what the crime is,” said Evans.  “None of us can be convicted of a crime that’s ambiguous.  That’s protection under due process … it’s good to have specific law especially when you’re dealing with a very serious felony.”

Representative David Evans (Photo: Tim Bommel, Missouri House Communications)

      SB 775 would specify that no persons younger than 18 will be prosecuted for prostitution, and if located by law enforcement while engaged in commercial sexual acts, they will be considered a victim of abuse and referred to the Children’s Division and juvenile officers to receive help.  It also eliminates the requirement that a person under 18 and charged with prostitution must prove they were coerced to avoid conviction.

      These were provisions found in legislation sponsored by Representative Ed Lewis (R-Moberly), who said the laws regarding these individuals needs to be focused on getting them help. 

      “A lot of times a minor can be in that lifestyle and not even know that they’re being trafficked, not even know that they’re being abused.  They think, ‘Well no, I’m doing this of my own free will,’ but they’re not.  They’re being abused and used by some adult for their own gain, and we have to get them the help they need to help them to understand that this is not right,” said Lewis.  “Instead of looking at these people who have come to rescue them as rescuers they can look at them as the enemy and we have to make sure that they get the help that they need so they understand what their outcome should be and how to get back to what we would call a normal life free of abuse.”

      Other related sections deal with prosecuting those who attempted to engage in sexual acts or pornography-related offenses with individuals under 18. 

      The bill also contains language sponsored by Representative Lane Roberts (R-Joplin) dealing with orders of protection.  It would state that a person with an order of protection against them cannot skip a court date regarding that order and then plead ignorance to knowing it was still in effect.  He and Carter Dochler say this defense has often been successful for abusers who would violate an order and then say they didn’t know it was in place because they didn’t attend a hearing. 

      Roberts has often said that this and other proposals he has filed stem from his time in law enforcement – including as Joplin’s police chief and the director of the Department of Public Safety – and times in his career when he couldn’t help a victim because of how the law was written. 

      “Sometimes the law doesn’t serve the victim and sometimes, frankly, the process to provide due process to the person that’s accused ultimately re-victimizes the victim, so it’s been very frustrating to me throughout my [law enforcement] career.  Now I’m in a position to do something about it.”

      Along that same line, Roberts said a provision in SB 775 that is important to him is one that allows victims to testify via video rather than have to appear in court for a domestic violence proceeding. 

Representative Lane Roberts (Photo: Tim Bommel, Missouri House Communications)

Roberts says too often, a victim is afraid to proceed with prosecution for fear or retribution by their abuser.  This provision addresses that fear; specifically that requiring a victim to appear in court creates an instance in which their abuser will know where and when to find them. 

“If you read the newspapers you will frequently see where a domestic violence case was dismissed because the victim didn’t show up to testify.  I can’t tell you how many times that’s because they were afraid to show up but I guarantee you it’s a significant part of the number of people who don’t show up, and why.”

      With all these issues, legislators have to craft language that protects victims but also allows for due process for those who are accused.  Evans believes with SB 775, Missouri gets closer to finding the right balance between those considerations, “and again that’s one thing I really enjoy doing, is balancing the rights of those that are charged but making it absolutely clear to protect the victims of the crimes as well.  I think we’re getting there.”

      The House vote that sent SB 775 to the governor was 141-0.  Carter Dochler said the Coalition is, “very grateful and really excited [that] at a time where there has been so much turbulence on different issues that everybody could really come together and find agreement on items that would make things better for victims of domestic violence or sexual assault, or some other related judicial proceedings.”

SB 775 includes several other provisions, including those that would make it a crime for any coach of minors to abuse a minor, whereas currently law speaks only to high school coaches; extends protections against the release of a victim’s personal information to include their personal email address, birth date, health status, or any information from a forensic testing report; and further restricts when the prior sexual conduct of a witness or victim in a sexual offense case may be inquired about in a legal proceeding.