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SECOND REGULAR SESSION
HOUSE BILL NO. 2354
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE JONES (88).
4714H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal section 210.125, RSMo, and to enact in lieu thereof two new sections relating to
child abuse or neglect.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 210.125, RSMo, is repealed and two new sections enacted in lieu
2 thereof, to be known as sections 210.125 and 210.144, to read as follows:
210.125. 1. A police of ficer , law enforcement of ficial, or a physician who has
2 reasonable cause to suspect that a child is suf fering from illness or injury or is in danger of
3 personal harm by reason of his surroundings and that a case of child abuse or neglect exists,
4 may request that the juvenile of ficer take the child into protective custody under chapter 21 1.
5 2. A police of ficer , law enforcement of ficial, or a physician who has reasonable cause
6 to believe that a child is in imminent danger of suf fering serious physical harm or a threat to
7 life as a result of abuse or neglect and such person has reasonable cause to believe the harm or
8 threat to life may occur before a juvenile court could issue a temporary protective custody
9 order or before a juvenile of ficer could take the child into protective custody , the police
10 of ficer , law enforcement of ficial or physician may take or retain temporary protective custody
11 of the child without the consent of the child's parents, guardian or others legally responsible
12 for his care.
13 3. Any person taking a child in protective custody under this section shall
14 immediately notify the juvenile of ficer of the court of the county in which the child is located
15 of his actions and notify the division and make a reasonable attempt to advise the parents,
16 guardians or others legally responsible for the child's care. The jurisdiction of the juvenile
17 court attaches from the time the juvenile is taken into protective custody . Such person shall
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 file, as soon as practicable but no later than twelve hours, a written statement with the juvenile
19 of ficer which sets forth the identity of the child and the facts and circumstances which gave
20 such person reasonable cause to believe that there was imminent danger of serious physical
21 harm or threat to the life of the child. Upon notification that a child has been taken into
22 protective custody , the juvenile of ficer shall either return the child to his parents, guardian, or
23 others responsible for his care or shall initiate child protective proceedings under chapter 21 1.
24 In no event shall an employee of the division, acting upon his own, remove a child under the
25 provisions of this act.
26 4. T emporary protective custody for purposes of this section shall not exceed twenty-
27 four hours. T emporary protective custody for a period beyond twenty-four hours may be
28 authorized only by an order of the juvenile court , except cases in which a par ent, guardian,
29 or legal repr esentative pr ovides proof of a known medical condition found within a
30 child's medical history that contradicts such abuse or neglect allegations. Pr oof under
31 this subsection shall be accepted by the guardian ad litem, the caseworker , a peace
32 officer , or any other individual involved in the investigation who is not the par ent,
33 guardian, or legal repr esentative .
34 5. For the purposes of this section, "temporary protective custody" shall mean
35 temporary placement within a hospital or medical facility or emer gency foster care facility or
36 such other suitable custody placement as the court may direct; provided, however , that an
37 abused or neglected child may not be detained in temporary custody in a secure detention
38 facility .
210.144. 1. As used in this section, "network" means the sexual assault for ensic
2 examination-child abuse re source and education (SAFE-CARE) network.
3 2. Any agreement between the division and the network to pr ovide assistance in
4 connection with abuse or neglect investigations conducted by the division shall requi re
5 the network to have the ability to obtain consultations with randomized geneticists or
6 physicians who specialize in identifying conditions that mimic child abuse symptoms or
7 other unique health conditions including, but not limited to:
8 (1) Rickets;
9 (2) Ehlers-Danlos syndr ome;
10 (3) Osteogenesis imperfecta;
11 (4) V itamin D deficiency;
12 (5) Other similar metabolic bone diseases or connective tissue disorders; or
13 (6) Any other medical condition that mimics child maltre atment or incr eases the
14 risk of a misdiagnosis of child maltr eatment.
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15 3. During an investigation of abuse or neglect or an assessment pr ovided under
16 subsection 2 of this section, the division shall ref er a child's case for consideration with a
17 specialist if:
18 (1) The division determines the child req uires a specialty consultation with a
19 physician;
20 (2) The child's primary car e pro vider or other health car e pro vider who
21 evaluated the child recomme nds a specialty consultation; or
22 (3) The child's paren t, legal guardian, or legal repr esentative r equests a specialty
23 consultation.
24 4. In cases in which a specialty consultation is re quir ed or sought by the division
25 or the child's par ent, legal guardian, or legal rep res entative, the physician pr oviding the
26 consultation shall:
27 (1) Be licensed to practice medicine;
28 (2) Be board certified in the physician's specialty that is rel evant to diagnosing
29 and tre ating the conditions described under subsection 2 of this section; and
30 (3) Not be involved with the initial repor t of suspected abuse or neglect.
31 5. Prior to r eferring a child for a specialty consultation, the division shall
32 pr ovide the child's par ent, legal guardian, or legal repr esentative written notice of the
33 name, contact information, and cred entials of the specialist pr oviding the consultation,
34 the choice of whom the paren t, legal guardian, or legal r epresent ative shall be permitted
35 to object. The paren t, legal guardian, or legal r epresent ative shall be allowed to seek his
36 or her own physician to evaluate the child and the medical r eports. The pr ovisions of
37 this subsection shall not be construed to pr ohibit the child's par ent, legal guardian, or
38 legal r epresen tative fr om obtaining an alternative option at the pare nt's, legal
39 guardian's, or legal repr esentative's own expense. The division shall consider and
40 accept an alternative opinion and document such opinion in the case file. The presidi ng
41 judge shall take under consideration the findings of the alternative opinion.
42 6. The division, any ref erring provi der , a hospital, a child abuse pediatrician, or
43 any other network shall not obstruct, prev ent, or inhibit a child's par ent, legal guardian,
44 or legal re present ative or , if r epresent ed by an attorney , the attorney of the par ent, legal
45 guardian, or legal repr esentative fr om obtaining all medical reco rds and documentation
46 necessary to r equest an alternative opinion, including access to the child for that
47 purpose by a health car e pr ofessional provi ding an alternative or second opinion, or
48 performing diagnostic testing.
✔
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