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SECOND REGULAR SESSION
HOUSE BILL NO. 2482
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE GRAGG.
4770H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o repeal sections 210.564 and 210.566, RSMo, and to enact in lieu thereof two new sections
relating to the protection of children.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 210.564 and 210.566, RSMo, are repealed and two new sections
2 enacted in lieu thereof, to be known as sections 210.564 and 210.566, to read as follows:
210.564. 1. This section shall be known and may be cited as the "Foster [ Care ]
2 Y outh Bill of Rights".
3 2. The children's division shall provide every school-aged foster child and his or her
4 foster parent with an age-appropriate orientation and explanation of the foster [ care ] youth
5 bill of rights. Any children's division of fice, residential care facility , child placing agency , or
6 other agency involved in the care and placement of foster children shall post the foster [ care ]
7 youth bill of rights in the office, facility , or agency . The children's division shall also make
8 the foster [ care ] youth bill of rights and the pro cedur es r egarding how to file a grievance
9 and pursue equitable re lief in court readily available and easily accessible online.
10 3. [ The foster care bill of rights shall be as follows:
11 (1) In all circumstances, the best interests of the child shall be the first priority of the
12 children's division;
13 (2) Recognizing the importance of familial stability in foster care and adoption
14 placement, it shall be the practice of the children's division, when appropriate, to support a
15 child's return to the custody and care of the parents or guardians with whom the child resided
16 immediately prior to state custody;
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.
17 (3) When restoration of care and custody is not appropriate or possible, the children's
18 division shall attempt to place the child with suitable relatives in accordance with section
19 210.565;
20 (4) The children's division shall further support familial stability by ensuring
21 continuity of foster placement, except in instances where cause for a change in a child's
22 placement is reasonably found;
23 (5) The children's division shall work with each child in state custody to develop both
24 a permanency plan and a case plan. These plans shall be developed within twelve months of a
25 child's entrance into state custody . The permanency plan shall include the child's immediate
26 and long-term placement goals, while the case plan shall address a child's specific medical
27 and emotional needs;
28 (6) Recognizing the value of familial relationships in foster care and adoption
29 settings, it shall be the practice of the children's division to place siblings in the same foster
30 care, kinship, guardianship, or adoptive placement, unless doing so would be contrary to the
31 safety or well-being of any of the siblings. If siblings are not placed together , it shall be the
32 practice of the children's division to support regular visitation and communication between
33 siblings in state custody , and between children in state custody and their parents and relatives,
34 where not otherwise prohibited or against a child's best interests; and
35 (7) The children's division shall support all children twelve years of age or older in
36 state custody to attend any hearings pertaining to the child's placement, custody , or care,
37 provided that the child is willing and able to attend such hearings, and that attending such
38 hearings is in the best interests of the child. ] In order to ensure pr oper care and pr otection
39 of a child in the child welfare system, the following rights shall be afforded to the child:
40 (1) The right to live in a safe, comfortable place:
41 (a) With the least res trictive envir onment;
42 (b) Wher e the child is tr eated with res pect, has a place to stor e the child's
43 belongings, and rece ives healthy food, adequate clothing, and appr opriate personal
44 hygiene pr oducts; and
45 (c) W ith siblings, if practicable;
46 (2) The right to communicate and visit with family , including siblings who are
47 not placed with the child or ar e in state custody;
48 (3) The right to as few disruptions and placements as practicable;
49 (4) The right to have and maintain belongings by:
50 (a) Making a list of the child's belongings when placed out of the home;
51 (b) Pr oviding such list of belongings to the child's case manager;
52 (c) Bringing such belongings when placed out of the home; and
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53 (d) If going on a visit or to a new placement, having the belongings packed and
54 transported for the visit or move;
55 (5) The right to educational stability , which includes:
56 (a) Remaining in the child's school of origin unless it is in the child's best
57 inter ests to transfer to a differ ent school;
58 (b) Access to reco rds, supplies, services, and tutoring and transportation to all
59 appr opriate school activities, including extracurricular and personal enrichment
60 activities;
61 (c) Daily school attendance;
62 (d) Receipt of a high school diploma if such child has earned the standard
63 cr edits, including partial cr edits, or a certificate of high school equivalence (GED); and
64 (e) Knowing the identity of and the ability to communicate with the school's
65 educational liaison designated under section 167.018;
66 (6) The right to be notified of all hearings held, if age or developmentally
67 appr opriate;
68 (7) The right to attend all court hearings, either in-person or virtually , if age or
69 developmentally appr opriate;
70 (8) The right to addr ess the court regard ing any prop osed placement or
71 placement change, if age or developmentally appr opriate;
72 (9) The right to have a client-dire cted attorney who contacts the child r egularly
73 and, if a conflict of interes t exists, the right to have a new attorney who will repr esent
74 the position of the child;
75 (10) The right to privacy , including the ability to send and r eceive unopened mail
76 and make and r eceive phone calls;
77 (1 1) The right to regu lar and private contact with and access to case managers,
78 attorneys, and advocates;
79 (12) The right to access information that is accurate and necessary for the child's
80 wellbeing fr om case managers, guardians, and any persons who are by law liable to
81 maintain, care for , or support the child;
82 (13) The right to have as few case managers as practicable, to be notified if a case
83 manager changes, to have the curr ent case manager's contact information, and to
84 contact the case manager as necessary;
85 (14) The right to contact a case manager's supervisor if ther e is a conflict that
86 cannot be re solved between the child and the child's case manager;
87 (15) The right to rep ort a violation of this section without fear of punishment,
88 interfer ence, coer cion, or ret aliation; and
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89 (16) The right to a timely permanency plan, case plan, and transition plan, when
90 applicable, as pr ovided by this section.
91 4. (1) The children's division shall work with each child in state custody to
92 develop both a permanency plan and a case plan. These plans shall be developed within
93 twelve months of a child's entrance into state custody . The permanency plan shall
94 include the child's immediate and long-term placement goals. The case plan shall
95 addr ess the child's specific medical and emotional needs.
96 (2) When a child is transitioning out of the child welfar e system, the child shall:
97 (a) Be an active participant in developing the transition plan;
98 (b) Have services and benefits explained;
99 (c) Have a checking or savings account;
100 (d) Learn to manage money , when age or developmentally appr opriate;
101 (e) Learn job skills that ar e age or developmentally appr opriate;
102 (f) Be involved in life skills training and activities; and
103 (g) Be pro vided assistance with applying for college or vocational progra ms,
104 federal financial assistance, including the Fr ee Application for Federal Student Aid, and
105 tuition waivers.
106 5. The rights under this section and section 167.018 and the pro visions of section
107 167.019 may be enforced thr ough equitable rel ief as part of the correspon ding case
108 under this chapter . Failure to file a grievance with the children 's division, their
109 contractors, or the school district shall not preempt or pr event the child fr om
110 contemporaneously pursuing equitable relief as part of the corr esponding case under
111 this chapter .
210.566. 1. (1) The children's division and its contractors, recognizing that foster
2 parents or kinship foster par ents are not clients but rather are colleagues in the child welfare
3 team, shall treat foster parents or kinship foster paren ts in a manner consistent with the
4 National Association of Social W orkers' ethical standards of conduct as described in its Social
5 W orkers' Ethical Responsibilities to Colleagues. Foster parents or kinship foster par ents
6 shall treat the children in their care, the child's birth family and members of the child welfare
7 team in a manner consistent with their ethical responsibilities as professional team members.
8 (2) The children's division and its contractors shall provide written notification of the
9 rights enumerated in this section at the time a child is placed with the prospective foster
10 parent or pro spective kinship foster paren t , at initial licensure, and at the time of each
11 licensure renewal following the initial licensure period.
12 (3) The childr en's division and its contractors shall not discriminate against
13 foster par ents or kinship foster paren ts and shall be in accordance with the laws under
14 chapter 213 and federal law .
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15 2. (1) The children's division and its contractors shall provide foster parents or
16 kinship foster par ents with regularly scheduled opportunities for preservice training, and
17 regularly scheduled opportunities for pertinent inservice training, as determined by the
18 Missouri State Foster Care and Adoption Advisory Board.
19 (2) The children's division and its contractors shall provide to foster parents , kinship
20 foster paren ts, and potential adoptive parents, prior to placement, all pertinent information,
21 including but not limited to full disclosure of all medical, psychological, and psychiatric
22 conditions of the child, as well as information from previous placements that would indicate
23 that the child or children may have a propensity to cause violence to any member of the foster
24 family home or kinship foster family home . The foster parents or kinship foster par ents
25 shall be provided with any information regarding the child or the child's family , including but
26 not limited to the case plan, any family history of mental or physical illness, sexual abuse of
27 the child or sexual abuse perpetrated by the child, criminal background of the child or the
28 child's family , fire-setting or other destructive behavior by the child, substance abuse by the
29 child or child's family , or any other information which is pertinent to the care and needs of the
30 child and to protect the foster or adoptive family . The children's division and its contractors
31 shall provide full access to the child's medical, psychological, and psychiatric records in its
32 possession at the time of placement, including records prior to the child coming into care, at
33 the time the child is placed with a foster parent or kinship foster par ent . After initial
34 placement, the children's division and its contractors shall have a continuing duty and
35 obligation to provide access to such records that come into its possession or of which the
36 division or its contractors become aware. Access shall include providing information and
37 authorization for foster parents or kinship foster par ents to review or to obtain the records
38 directly from the medical, psychological, or psychiatric services provider . A foster parent or
39 kinship foster par ent may decline access to any or all of the child's records. Knowingly
40 providing false or misleading information to foster parents or kinship foster paren ts in order
41 to secure placement shall be denoted in the caseworker's personnel file and shall be kept on
42 record by the division.
43 (3) The children's division and its contractors shall arrange preplacement visits,
44 except in emer gencies.
45 (4) The foster parents or kinship foster paren ts may ask questions about the child's
46 case plan, encourage a placement or refuse a placement without reprisal from the caseworker
47 or agency . After a placement, the children's division and its contractors shall update the foster
48 parents or kinship foster par ents as new information about the child is gathered.
49 (5) Foster parents or kinship foster par ents shall be informed in a timely manner by
50 the children's division and its contractors of all team meetings and staf fings concerning their
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51 licensure status or children placed in their homes, and shall be allowed to participate,
52 consistent with section 210.761.
53 (6) The children's division and its contractors shall establish reasonably accessible
54 respite care for children in foster care for short periods of time, jointly determined by foster
55 parents or kinship foster par ents and the child's caseworker pursuant to section 210.545.
56 Foster parents or kinship foster par ents shall follow all procedures established by the
57 children's division and its contractors for requesting and using respite care.
58 (7) Foster parents or kinship foster par ents shall treat all information received from
59 the children's division and its contractors about the child and the child's family as
60 confidential. Information necessary for the medical or psychiatric care of the child may be
61 provided to the appropriate practitioners. Foster parents or kinship foster paren ts may share
62 information necessary with school personnel in order to secure a safe and appropriate
63 education for the child. Additionally , foster parents or kinship foster paren ts shall share
64 information they may learn about the child and the child's family , and concerns that arise in
65 the care of the child, with the caseworker and other members of the child welfare team.
66 Recognizing that placement changes are dif ficult for children, foster parents or kinship
67 foster par ents shall seek all necessary information, and participate in preplacement visits
68 whenever possible, before deciding whether to accept a child for placement.
69 3. (1) Foster parents or kinship foster par ents shall make decisions about the daily
70 living concerns of the child, and shall be permitted to continue the practice of their own
71 family values and routines while respecting the child's cultural heritage. All discipline shall
72 be consistent with state laws and regulations. The children's division shall allow foster
73 parents or kinship foster par ents to help plan visitation between the child and the child's
74 siblings or biological family . V isitations should be scheduled at a time that meets the needs of
75 the child, the biological family members, and the foster family or kinship foster family
76 whenever possible. Recognizing that visitation with family members is an important right of
77 children in foster care, foster parents or kinship foster par ents shall be flexible and
78 cooperative with regard to family visits. The children's division shall not require foster
79 parents or kinship foster par ents to conduct supervised visits or be present during any
80 supervised visits between the child and the child's siblings or biological family .
81 (2) Foster parents or kinship foster paren ts shall provide care that is respectful of
82 the child's cultural identity and needs. Recognizing that cultural competence can be learned,
83 the children's division and their contractors shall provide foster parents or kinship foster
84 par ents with training that specifically addresses cultural needs of children, including but not
85 limited to, information on skin and hair care, information on any specific religious or cultural
86 practices of the child's biological family , and referrals to community resources for ongoing
87 education and support.
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88 (3) Foster parents or kinship foster par ents shall recognize that the purpose of
89 discipline is to teach and direct the behavior of the child, and ensure that it is administered in
90 a humane and sensitive manner . Foster parents or kinship foster pare nts shall use discipline
91 methods which are consistent with children's division policy .
92 4. (1) Consistent with state laws and regulations, the children's division and its
93 contractors shall provide, upon request by the foster parents or kinship foster pare nts ,
94 information about a child's progress after the child leaves foster care.
95 (2) Except in emer gencies, foster parents or kinship foster par ents shall be given
96 two weeks advance notice and a written statement of the reasons before a child is removed
97 from their care. When requesting removal of a child from their home, foster parents or
98 kinship foster par ents shall give two weeks advance notice, consistent with division policy ,
99 to the child's caseworker , except in emer gency situations.
100 (3) Recognizing the critical nature of attachment for children, if a child reenters the
101 foster care system and is not placed in a relative home or with kinship foster par ents , the
102 child's former foster parents shall be given first consideration for placement of the child.
103 (4) If a child becomes [ free ] available for adoption while in foster care, the child's
104 foster family or kinship foster family shall be given preferential consideration as adoptive
105 parents consistent with section 453.070.
106 (5) If a foster child becomes [ free ] available for adoption and the foster parents or
107 kinship foster paren ts desire to adopt the child, they shall inform the caseworker within
108 sixty days of the caseworker's initial query . If they do not choose to pursue adoption, foster
109 parents or kinship foster par ents shall make every ef fort to support and encourage the
110 child's placement in a permanent home, including but not limited to providing information on
111 the history and care needs of the child and accommodating transitional visitation.
112 5. Foster parents or kinship foster par ents shall be informed by the court no later
113 than two weeks prior to all court hearings pertaining to a child in their care, and informed of
114 their right to attend and participate, consistent with section 21 1.464.
115 6. (1) The rights under this section may be enforc ed thr ough equitable rel ief as
116 part of the corr esponding case under this chapter .
117 (2) The children's division and their contractors shall provide notification of and
118 access to a fair [ and ] , impartial , and timely grievance process [ to address licensure, case
119 management decisions, and delivery of service issues ]. Foster parents or kinship foster
120 par ents shall have timely access to the[ child placement agency's appeals ] grievance process,
121 and shall be free from acts of fear of punishment, interfer ence, coer cion, or retaliation
122 when exercising the right to [ appeal ] file a grievance .
123 (3) Failur e to file a grievance with the children 's division or their contractors
124 under section 210.526 shall not pre empt or pre vent foster par ents or kinship foster
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125 par ents fr om contemporaneously pursuing equitable rel ief as part of the corr esponding
126 case under this chapter .
127 7. The children's division and their contractors shall provide training to foster parents
128 or kinship foster par ents on the policies and procedures governing the licensure of foster
129 homes or kinship foster homes , the provision of foster care or kinship foster car e , and the
130 adoption process. Foster parents or kinship foster par ents shall, upon request, be provided
131 with written documentation of the policies of the children's division and their contractors. Per
132 licensure requirements, foster parents or kinship foster par ents shall comply with the
133 policies of the child placement agency .
134 8. (1) For purposes of this section, "foster parent" means a resource family providing
135 care of children in state custody .
136 (2) For purposes of this section, "kinship foster par ent" or "kinship foster
137 par ents" mean grandparen ts or other persons relat ed to the child by blood or affinity or
138 persons who are not r elated to the child but have a close rela tionship with the child or
139 the child's family .
✔
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