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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1707
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR MCCREERY .
6989S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 210.115, 210.140, 352.400, and 537.046, RSMo, and to enact in lieu thereof
four new sections relating to child abuse or neglect.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 210.115, 210.140, 352.400, and 1
537.046, RSMo, are repealed and four new sections enacted in 2
lieu thereof, to be known as sections 210.115, 210.140, 352.400, 3
and 537.046, to read as follows:4
210.115. 1. When any physician, medical examiner, 1
coroner, dentist, chiropractor, optometrist, podiatrist, 2
resident, intern, nurse, hospital or clinic personnel that 3
are engaged in the examination, care, treatment or research 4
of persons, and any other health practitioner, psychologist, 5
mental health professional, social worker, day care center 6
worker or other child-care worker, juvenile officer, 7
probation or parole officer, jail or detention center 8
personnel, teacher, principal or other school official, 9
minister, clergy, or religious worker as provided by section 10
352.400, peace officer or law enforcement official, 11
volunteer or personnel of a community service program that 12
offers support services for families in crisis to assist in 13
the delegation of any powers regarding the care and custody 14
of a child by a properly executed power of attorney pursuant 15
to sections 475.600 to 475.604, or other person with 16
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responsibility for the care of children has reasonable cause 17
to suspect that a child has been or may be subjected to 18
abuse or neglect or observes a child being subjected to 19
conditions or circumstances which would reasonably result in 20
abuse or neglect, that person shall immediately report to 21
the division in accordance with the provisions of sections 22
210.109 to 210.183. No internal investigation shall be 23
initiated until such a report has been made. As used in 24
this section, the term "abuse" is not limited to abuse 25
inflicted by a person responsible for the child's care, 26
custody and control as specified in section 210.110, but 27
shall also include abuse inflicted by any other person. 28
2. If two or more members of a medical institution who 29
are required to report jointly have knowledge of a known or 30
suspected instance of child abuse or neglect, a single 31
report may be made by a designated member of that medical 32
team. Any member who has knowledge that the member 33
designated to report has failed to do so shall thereafter 34
immediately make the report. Nothing in this section, 35
however, is meant to preclude any person from reporting 36
abuse or neglect. 37
3. The reporting requirements under this section are 38
individual, and no supervisor or administrator may impede or 39
inhibit any reporting under this section. No person making 40
a report under this section shall be subject to any 41
sanction, including any adverse employment action, for 42
making such report. Every employer shall ensure that any 43
employee required to report pursuant to subsection 1 of this 44
section has immediate and unrestricted access to 45
communications technology necessary to make an immediate 46
report and is temporarily relieved of other work duties for 47
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such time as is required to make any report required under 48
subsection 1 of this section. 49
4. Notwithstanding any other provision of sections 50
210.109 to 210.183, any child who does not receive specified 51
medical treatment by reason of the legitimate practice of 52
the religious belief of the child's parents, guardian, or 53
others legally responsible for the child, for that reason 54
alone, shall not be found to be an abused or neglected 55
child, and such parents, guardian or other persons legally 56
responsible for the child shall not be entered into the 57
central registry. However, the division may accept reports 58
concerning such a child and may subsequently investigate or 59
conduct a family assessment as a result of that report. 60
Such an exception shall not limit the administrative or 61
judicial authority of the state to ensure that medical 62
services are provided to the child when the child's health 63
requires it. 64
5. In addition to those persons and officials required 65
to report actual or suspected abuse or neglect, any other 66
person may report in accordance with sections 210.109 to 67
210.183 if such person has reasonable cause to suspect that 68
a child has been or may be subjected to abuse or neglect or 69
observes a child being subjected to conditions or 70
circumstances which would reasonably result in abuse or 71
neglect. 72
6. Any person or official required to report pursuant 73
to this section, including employees of the division, who 74
has probable cause to suspect that a child who is or may be 75
under the age of eighteen, who is eligible to receive a 76
certificate of live birth, has died shall report that fact 77
to the appropriate medical examiner or coroner. If, upon 78
review of the circumstances and medical information, the 79
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medical examiner or coroner determines that the child died 80
of natural causes while under medical care for an 81
established natural disease, the coroner, medical examiner 82
or physician shall notify the division of the child's death 83
and that the child's attending physician shall be signing 84
the death certificate. In all other cases, the medical 85
examiner or coroner shall accept the report for 86
investigation, shall immediately notify the division of the 87
child's death as required in section 58.452 and shall report 88
the findings to the child fatality review panel established 89
pursuant to section 210.192. 90
7. Any person or individual required to report may 91
also report the suspicion of abuse or neglect to any law 92
enforcement agency or juvenile office. Such report shall 93
not, however, take the place of reporting to the division. 94
8. If an individual required to report suspected 95
instances of abuse or neglect pursuant to this section has 96
reason to believe that the victim of such abuse or neglect 97
is a resident of another state or was injured as a result of 98
an act which occurred in another state, the person required 99
to report such abuse or neglect may, in lieu of reporting to 100
the Missouri children's division, make such a report to the 101
child protection agency of the other state with the 102
authority to receive such reports pursuant to the laws of 103
such other state. If such agency accepts the report, no 104
report is required to be made, but may be made, to the 105
children's division. 106
9. For the purposes of providing supportive services 107
or verifying the status of a youth as unaccompanied or 108
homeless for the purposes of accessing supportive services, 109
the fact that a child is an unaccompanied youth as defined 110
in 42 U.S.C. Section 11434a(6) is not, in and of itself, a 111
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sufficient basis for reporting child abuse or neglect, 112
unless the child is under sixteen years of age or is an 113
incapacitated person, as defined in section 475.010. 114
Nothing in this subsection shall limit a mandated reporter 115
from making a report under this section if the mandated 116
reporter knows or has reasonable cause to suspect that an 117
unaccompanied youth has been or may be a victim of abuse or 118
neglect. 119
10. Notwithstanding any other provision of law to the 120
contrary, a minister or designated agent shall report 121
suspected child abuse or neglect as required under 122
subdivision (2) of subsection 2 of section 352.400 when such 123
report concerns a privileged communication made to him or 124
her in his or her professional capacity. 125
210.140. 1. Any legally recognized privileged 1
communication, except that between attorney and client [or 2
involving communications made to a minister or 3
clergyperson], shall not apply to situations involving known 4
or suspected child abuse or neglect and shall not constitute 5
grounds for failure to report as required or permitted by 6
sections 210.110 to 210.165, to cooperate with the division 7
in any of its activities pursuant to sections 210.110 to 8
210.165, or to give or accept evidence in any judicial 9
proceeding relating to child abuse or neglect. 10
2. Notwithstanding any other provision of law to the 11
contrary, a minister or designated agent shall report 12
suspected child abuse or neglect as required under 13
subdivision (2) of subsection 2 of section 352.400 when such 14
report concerns a privileged communication made to him or 15
her in his or her professional capacity. 16
352.400. 1. As used in this section, the following 1
words and phrases shall mean: 2
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(1) "Abuse", any physical injury, sexual abuse, or 3
emotional abuse, injury or harm to a child under 4
circumstances required to be reported pursuant to sections 5
210.109 to 210.183; 6
(2) "Child", any person regardless of physical or 7
mental condition, under eighteen years of age; 8
(3) "Minister", any person while practicing as a 9
minister of the gospel, clergyperson, priest, rabbi, 10
Christian Science practitioner, or other person serving in a 11
similar capacity for any religious organization who is 12
responsible for or who has supervisory authority over one 13
who is responsible for the care, custody, and control of a 14
child or has access to a child; 15
(4) "Neglect", failure to provide the proper or 16
necessary support or services by those responsible for the 17
care, custody, and control of a child, under circumstances 18
required to be reported pursuant to sections 210.109 to 19
210.183; 20
(5) "Religious organization", any society, sect, 21
persuasion, mission, church, parish, congregation, temple, 22
convention or association of any of the foregoing, diocese 23
or presbytery, or other organization, whether or not 24
incorporated, that meets at more or less regular intervals 25
for worship of a supreme being or higher power, or for 26
mutual support or edification in piety or with respect to 27
the idea that a minimum standard of behavior from the 28
standpoint of overall morality is to be observed, or for the 29
sharing of common religious bonds and convictions; 30
(6) "Report", the communication of an allegation of 31
abuse or neglect pursuant to sections 210.109 to 210.183. 32
2. (1) When a minister or agent designated pursuant 33
to subsection 3 of this section has reasonable cause to 34
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suspect that a child has been or may be subjected to abuse 35
or neglect under circumstances required to be reported 36
pursuant to sections 210.109 to 210.183, the minister or 37
designated agent shall immediately report or cause a report 38
to be made as provided in sections 210.109 to 210.183. 39
[Notwithstanding any other provision of this section or 40
sections 210.109 to 210.183, a minister shall not be 41
required to report concerning a privileged communication 42
made to him or her in his or her professional capacity.] 43
(2) Notwithstanding any other provision of law to the 44
contrary, a minister or designated agent pursuant to 45
subsection 3 of this section shall be required to report or 46
cause a report to be made pursuant to sections 210.109 to 47
210.183 concerning privileged communication made to him or 48
her in his or her professional capacity regarding child 49
abuse or neglect. 50
3. A religious organization may designate an agent or 51
agents required to report pursuant to sections 210.109 to 52
210.183 in an official capacity on behalf of the religious 53
organization. In the event a minister, official or staff 54
member of a religious organization has probable cause to 55
believe that the child has been subjected to abuse or 56
neglect under circumstances required to be reported pursuant 57
to sections 210.109 to 213.183 and the minister, official or 58
staff member of the religious organization does not 59
personally make a report pursuant to sections 210.109 to 60
210.183, the designated agent of the religious organization 61
shall be notified. The designated agent shall then become 62
responsible for making or causing the report to be made 63
pursuant to sections 210.109 to 210.183. This section shall 64
not preclude any person from reporting abuse or neglect as 65
otherwise provided by law. 66
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537.046. 1. As used in this section, the following 1
terms mean: 2
(1) "Childhood sexual abuse", any act committed by the 3
defendant, or an act committed by an individual if the 4
defendant's tortious conduct causes such act to occur, 5
against the plaintiff which act occurred when the plaintiff 6
was under the age of eighteen years and which act would have 7
been a violation of section 566.030, 566.031, 566.032, 8
566.034, 566.060, 566.061, 566.062, 566.064, 566.067, 9
566.068, 566.069, 566.071, 566.083, 566.086, 566.093, 10
566.095, 566.100, 566.101, 566.209, 566.210, 566.211, 11
568.020, or 573.200; 12
(2) "Injury" or "illness", either a physical injury or 13
illness or a psychological injury or illness. A 14
psychological injury or illness need not be accompanied by 15
physical injury or illness. 16
2. Any action against any party to recover damages 17
from injury or illness caused by childhood sexual abuse or 18
tortious conduct that causes a victim to be a victim of 19
childhood sexual abuse in an action brought pursuant to this 20
section [shall be commenced within ten years of the 21
plaintiff attaining the age of twenty-one or within three 22
years of the date the plaintiff discovers, or reasonably 23
should have discovered, that the injury or illness was 24
caused by childhood sexual abuse, whichever later occurs] 25
may be commenced at any time. 26
3. This section shall apply to any action arising on 27
or after August 28, 2025. 28
4. Notwithstanding any other provision of law to the 29
contrary, a nondisclosure agreement by any party to a 30
childhood sexual abuse action shall not be judicially 31
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enforceable in a dispute involving childhood sexual abuse 32
allegations or claims, and shall be void. 33
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