Tag: Senate Bill 28 (2023)

Birth Certificates language will help escapes from domestic violence

      Escaping domestic violence in Missouri might have gotten a little easier, under legislation that became law August 28. 

Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)

      One of the greatest obstacles facing victims of domestic violence involves possession of the documents they need to start their lives over.  A provision in Senate Bill 28 will provide free copies of birth certificates when those are requested by victims. 

      The idea came out of the Southeast Missouri Family Violence Council, who brought it to Representative Chris Dinkins (R-Lesterville), and she immediately saw its importance.

      “When the SEMO Family Violence Council brought this to my attention, [I could see that This was a real-life issue that people were facing on a daily basis and it was a good thing to get done for the people,” said Dinkins.  “We want to do everything we can, everything in our power, to help them move on and get out of these situations.”

      Tracy Carroll is the Assistant Director and Case Manager for the Council.  As a case manager she has seen, countless times, people trying to get out of abusive situations but struggling to do so because they needed documentation. 

      “About 90 percent of them didn’t have a birth certificate or a driver’s license because part of the abuser’s M.O. is to keep those important documents from them so that they can’t leave … and every time we needed to get one, of course they don’t have any money – they come to us with very little – so we would either have to take it out of general funds or we would scrounge up in our purses $15 for the birth certificate.”

      Often, victims escape from an abusive home in the middle of the night and even perhaps during a violent incident.  They leave with little more than the clothes on their back and the backs of their children, only to later realize that they need documentation to do things like get a job or enroll children in school.

      “A lot of these women have four and five kids and we have to get birth certificates for them so that they can go to school and different things like that, so it’s not just the mother, it’s all their children we get birth certificates for.  That was really important to us, that we could help them in that first step,” said Carroll. 

      The $15 apiece fee to get a copy of a birth certificate often presents a huge obstacle for someone in a crisis situation.  Shelters, then, have typically covered that fee, but Carroll said that adds up quickly and takes away from other things shelters aim to provide.

      “I don’t think people realize those kinds of things are not in our grants.  We have to come up with that money out of our general revenue or … we have been in here counting [one dollar bills] and stuff trying to get a birth certificate for somebody,” said Carroll.  She said in one case, “A lady, she had seven children … and needed to all get enrolled in school.  Well at $15 a pop times seven children plus herself, and then to top it off they came in at Christmas … that family, we just shelled out a large chunk of money that could be used for other resources for them, had we not had to purchase all those.”

      The Council’s Executive Director, Stephanie Bennett, said after they met with Rep. Dinkins at an event in the capital city and brought up the issue, she recognized its importance and asked them to bring her some legislation.

      “We drove home from Jefferson City and literally sat at my kitchen table and Googled how to write a bill, because it’s not something we had ever done.”

      Later, the Missouri Coalition for Domestic and Sexual Violence, the membership of which includes the Council and other shelters around the state, picked up the issue and advocated for it.  Dinkins said that helped get the proposal the traction it needed.

      “Missouri wants to be a helping hand and that’s exactly what we’re doing in this situation.  We don’t want to be a stumbling block keeping people from being able to move forward, especially when they’re coming out of these domestic or sexual violence situations,” said Dinkins.

      While this could make an immeasurable difference for many victims, Bennett hopes the passage of this language in SB 28 is only the beginning.

      “The end goal would be for this to be a federal law, because we often get clients who aren’t even born in the state, so you might pay $25 to Oklahoma for one but then you might pay $110 to New Jersey, so every state’s amount differs.”

      Carroll said cost isn’t the only issue regarding certificates from other states.  She said different lengths of delays in getting documents mean victims can be forced to sit idle, sometimes for months, before they can begin rebuilding their lives and the lives of their children.

      “We did one in California, it took us ten weeks to get the birth certificate.”

      The language in SB 28 authorizes a waiver of the fee for a Missouri birth certificate when a victim of domestic violence or abuse requests it, documentation signed by a victim advocate; attorney; or health or mental health care provider who has assisted that person accompanies that request. 

Legislature’s action could ease escapes from domestic violence, governor’s action awaited

      One of the bills on the desk of Governor Mike Parson (R) would make it easier for people to escape domestic abuse, if it becomes law.

Representative Chris Dinkins (Photo: Tim Bommel, Missouri House Communications)

      A provision in Senate Bill 28 would waive the fee for a copy of a birth certificate when it is requested by a victim of domestic violence. 

      It has been proposed for several years by Representative Chris Dinkins (R-Lesterville), who explained to her colleagues that when a person escapes domestic violence, they often have to leave things behind.  That often includes vital documents.

      “It is very difficult to leave a situation and when you’ve got kids that you’re trying to support and you’re thinking, ‘How am I going to do this now, how am I going to get a job, how am I going to keep moving on and going forward,’ and if they don’t have those documents then they start thinking, ‘I’m not going to be able to get a job, I’m going to have to go back,’” said Dinkins. 

      “Once they’ve made the decision to leave we [as a state] need to make sure we’re doing everything we can to help them be successful in moving forward.”

      Matthew Huffman is the Chief Public Affairs Officer with the Missouri Coalition against Domestic and Sexual Violence.  He said making a decision to leave can be dangerous, frightening, and difficult, and this legislation would help to keep victims from having to go back.

      “Whenever a survivor makes the step to leave that can be months, years of safety planning, and we also know that right after someone decides to leave that abusive relationship, that can be one of the most dangerous times for that individual, and so being able to make it out of a dangerous situation and accessing safety, you might not remember to get those vital records that you need.  You might not have the ability or the access to get those vital records.”

      “Birth certificates are crucial in the individual being able to start their life over again, be able to get out on their own, get away from the person who is abusing them, and often [abusers] hold [victims] captive by keeping their birth certificate and other important documents from them so that they can’t start over again,” said Dinkins.  “If you want to get a job, if you want to open up a bank account, you’ve got to have forms of identification, and in order to get a new driver’s license you’re going to have to have a birth certificate.  In order to get a new social security card, you’re going to have to have a birth certificate; enrolling kids in school, you’re going to have to have a birth certificate, so all these things are very important.”

      She adds that victims escaping abuse often have little if any money and that’s why the fee that is normally charged for certificates is an issue.     

      “Fifteen dollars may not seem like much to you or me but someone who escapes in the middle of the night … they leave with the clothes on their back and that’s that … so it’s a very important step in saving these peoples’ lives.”

      After seeing this proposal fall short in several past legislative sessions, Huffman is hopeful that Governor Parson will sign it into law.

      “If, as a state, we can show we really care about domestic violence survivors and we have the ability to provide you a free birth certificate to help you get yourself on a path to self-efficiency and sustainability, I think that that is an incredible thing that the State of Missouri can offer to survivors.”

      Dinkins agrees, and adds that just as this proposal was brought to her by a shelter in her district, she encourages advocates to bring her more ideas.  She said in her time as a teacher she knew several individuals who were involved in domestic abuse situations, and that makes these issues personal.

      “I would be happy to do what I can to move forward any piece of legislation that can help these victims.”

The bill would allow a survivor to get one birth certificate free, one time. It requires a signed statement from an advocate, attorney, or provider of healthcare or mental healthcare.

Governor Parson could sign that bill into law, veto it, or allow it to become law without his action. If it becomes law, this provision would become effective on August 28.