Bill Text: MO HB2059 | 2014 | Regular Session | Introduced
Bill Title: Establishes family intervention orders for the treatment of an individual who abuses chemical substances
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-04-01 - Voted Do Pass (H) [HB2059 Detail]
Download: Missouri-2014-HB2059-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SHUMAKE.
6109H.03I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 198.070, 210.145, 452.310, 452.375, and 660.255, RSMo, and to enact in lieu thereof seventeen new sections relating to family intervention orders, with penalty provisions.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 198.070, 210.145, 452.310, 452.375, and 660.255, RSMo, are repealed and seventeen new sections enacted in lieu thereof, to be known as sections 198.070, 210.145, 452.310, 452.375, 455.100, 455.105, 455.110, 455.115, 455.120, 455.125, 455.130, 455.135, 455.140, 455.145, 455.150, 455.155, and 660.255, to read as follows:
198.070. 1. When any adult day care worker; chiropractor; Christian Science practitioner; coroner; dentist; embalmer; employee of the departments of social services, mental health, or health and senior services; employee of a local area agency on aging or an organized area agency on aging program; funeral director; home health agency or home health agency employee; hospital and clinic personnel engaged in examination, care, or treatment of persons; in-home services owner, provider, operator, or employee; law enforcement officer; long-term care facility administrator or employee; medical examiner; medical resident or intern; mental health professional; minister; nurse; nurse practitioner; optometrist; other health practitioner; peace officer; pharmacist; physical therapist; physician; physician's assistant; podiatrist; probation or parole officer; psychologist; social worker; or other person with the care of a person sixty years of age or older or an eligible adult has reasonable cause to believe that a resident of a facility has been abused or neglected, he or she shall immediately report or cause a report to be made to the department.
2. The report shall contain the name and address of the facility, the name of the resident, information regarding the nature of the abuse or neglect, the name of the complainant, and any other information which might be helpful in an investigation.
3. Any person required in subsection 1 of this section to report or cause a report to be made to the department who knowingly fails to make a report within a reasonable time after the act of abuse or neglect as required in this subsection is guilty of a class A misdemeanor.
4. In addition to the penalties imposed by this section, any administrator who knowingly conceals any act of abuse or neglect resulting in death or serious physical injury, as defined in section 565.002, is guilty of a class D felony.
5. In addition to those persons required to report pursuant to subsection 1 of this section, any other person having reasonable cause to believe that a resident has been abused or neglected may report such information to the department. All reports made under this subsection shall include an inquiry of the reporter as to whether chemical substance abuse, as defined in section 455.100, may be present. If chemical substance abuse may be a factor and the reporter is a family member of the alleged abuser, the reporter shall be informed on how to obtain a family intervention order under sections 455.100 to 455.155.
6. Upon receipt of a report, the department shall initiate an investigation within twenty-four hours and, as soon as possible during the course of the investigation, shall notify the resident's next of kin or responsible party of the report and the investigation and further notify them whether the report was substantiated or unsubstantiated unless such person is the alleged perpetrator of the abuse or neglect. As provided in section 565.186, substantiated reports of elder abuse shall be promptly reported by the department to the appropriate law enforcement agency and prosecutor.
7. If the investigation indicates possible abuse or neglect of a resident, the investigator shall refer the complaint together with the investigator's report to the department director or the director's designee for appropriate action. If, during the investigation or at its completion, the department has reasonable cause to believe that immediate removal is necessary to protect the resident from abuse or neglect, the department or the local prosecuting attorney may, or the attorney general upon request of the department shall, file a petition for temporary care and protection of the resident in a circuit court of competent jurisdiction. The circuit court in which the petition is filed shall have equitable jurisdiction to issue an ex parte order granting the department authority for the temporary care and protection of the resident, for a period not to exceed thirty days.
8. Reports shall be confidential, as provided pursuant to section 660.320.
9. Anyone, except any person who has abused or neglected a resident in a facility, who makes a report pursuant to this section or who testifies in any administrative or judicial proceeding arising from the report shall be immune from any civil or criminal liability for making such a report or for testifying except for liability for perjury, unless such person acted negligently, recklessly, in bad faith or with malicious purpose. It is a crime pursuant to section 565.186 and 565.188 for any person to purposely file a false report of elder abuse or neglect.
10. Within five working days after a report required to be made pursuant to this section is received, the person making the report shall be notified in writing of its receipt and of the initiation of the investigation.
11. No person who directs or exercises any authority in a facility shall evict, harass, dismiss or retaliate against a resident or employee because such resident or employee or any member of such resident's or employee's family has made a report of any violation or suspected violation of laws, ordinances or regulations applying to the facility which the resident, the resident's family or an employee has reasonable cause to believe has been committed or has occurred. Through the existing department information and referral telephone contact line, residents, their families and employees of a facility shall be able to obtain information about their rights, protections and options in cases of eviction, harassment, dismissal or retaliation due to a report being made pursuant to this section.
12. Any person who abuses or neglects a resident of a facility is subject to criminal prosecution under section 565.180, 565.182, or 565.184.
13. The department shall maintain the employee disqualification list and place on the employee disqualification list the names of any persons who are or have been employed in any facility and who have been finally determined by the department pursuant to section 660.315 to have knowingly or recklessly abused or neglected a resident. For purposes of this section only, "knowingly" and "recklessly" shall have the meanings that are ascribed to them in this section. A person acts "knowingly" with respect to the person's conduct when a reasonable person should be aware of the result caused by his or her conduct. A person acts "recklessly" when the person consciously disregards a substantial and unjustifiable risk that the person's conduct will result in serious physical injury and such disregard constitutes a gross deviation from the standard of care that a reasonable person would exercise in the situation.
14. The timely self-reporting of incidents to the central registry by a facility shall continue to be investigated in accordance with department policy, and shall not be counted or reported by the department as a hot-line call but rather a self-reported incident. If the self-reported incident results in a regulatory violation, such incident shall be reported as a substantiated report.
210.145. 1. The division shall develop protocols which give priority to:
(1) Ensuring the well-being and safety of the child in instances where child abuse or neglect has been alleged;
(2) Promoting the preservation and reunification of children and families consistent with state and federal law;
(3) Providing due process for those accused of child abuse or neglect; and
(4) Maintaining an information system operating at all times, capable of receiving and maintaining reports. This information system shall have the ability to receive reports over a single, statewide toll-free number. Such information system shall maintain the results of all investigations, family assessments and services, and other relevant information.
2. (1) The division shall utilize structured decision-making protocols for classification purposes of all child abuse and neglect reports. The protocols developed by the division shall give priority to ensuring the well-being and safety of the child. All child abuse and neglect reports shall be initiated within twenty-four hours and shall be classified based upon the reported risk and injury to the child. The division shall promulgate rules regarding the structured decision-making protocols to be utilized for all child abuse and neglect reports.
(2) All reports made to the division shall include an inquiry of the reporter as to whether chemical substance abuse, as defined in section 455.100, may be present. If chemical substance abuse may be a factor and the reporter is a family member of the alleged abuser, the reporter shall be informed on how to obtain a family intervention order under sections 455.100 to 455.155.
3. Upon receipt of a report, the division shall determine if the report merits investigation, including reports which if true would constitute a suspected violation of any of the following: section 565.020, 565.021, 565.023, 565.024, or 565.050 if the victim is a child less than eighteen years of age, section 566.030 or 566.060 if the victim is a child less than eighteen years of age, or other crimes under chapter 566 if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, section 567.050 if the victim is a child less than eighteen years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, section 573.025, 573.035, 573.037, or 573.040, or an attempt to commit any such crimes. The division shall immediately communicate all reports that merit investigation to its appropriate local office and any relevant information as may be contained in the information system. The local division staff shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols developed by the division shall give priority to ensuring the well-being and safety of the child.
4. When the child abuse and neglect hotline receives three or more calls, within a seventy-two hour period, from one or more individuals concerning the same child, the division shall conduct a review to determine whether the calls meet the criteria and statutory definition for a child abuse and neglect report to be accepted. In conducting the review, the division shall contact the hotline caller or callers in order to collect information to determine whether the calls meet the criteria for harassment.
5. The local office shall contact the appropriate law enforcement agency immediately upon receipt of a report which division personnel determine merits an investigation and provide such agency with a detailed description of the report received. In such cases the local division office shall request the assistance of the local law enforcement agency in all aspects of the investigation of the complaint. The appropriate law enforcement agency shall either assist the division in the investigation or provide the division, within twenty-four hours, an explanation in writing detailing the reasons why it is unable to assist.
6. The local office of the division shall cause an investigation or family assessment and services approach to be initiated in accordance with the protocols established in subsection 2 of this section, except in cases where the sole basis for the report is educational neglect. If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation shall be initiated within seventy-two hours of receipt of the report. If the report indicates the child is in danger of serious physical harm or threat to life, an investigation shall include direct observation of the subject child within twenty-four hours of the receipt of the report. Local law enforcement shall take all necessary steps to facilitate such direct observation. Callers to the child abuse and neglect hotline shall be instructed by the division's hotline to call 911 in instances where the child may be in immediate danger. If the parents of the child are not the alleged abusers, a parent of the child must be notified prior to the child being interviewed by the division. No person responding to or investigating a child abuse and neglect report shall call prior to a home visit or leave any documentation of any attempted visit, such as business cards, pamphlets, or other similar identifying information if he or she has a reasonable basis to believe the following factors are present:
(1) (a) No person is present in the home at the time of the home visit; and
(b) The alleged perpetrator resides in the home or the physical safety of the child may be compromised if the alleged perpetrator becomes aware of the attempted visit;
(2) The alleged perpetrator will be alerted regarding the attempted visit; or
(3) The family has a history of domestic violence or fleeing the community. If the alleged perpetrator is present during a visit by the person responding to or investigating the report, such person shall provide written material to the alleged perpetrator informing him or her of his or her rights regarding such visit, including but not limited to the right to contact an attorney. The alleged perpetrator shall be given a reasonable amount of time to read such written material or have such material read to him or her by the case worker before the visit commences, but in no event shall such time exceed five minutes; except that, such requirement to provide written material and reasonable time to read such material shall not apply in cases where the child faces an immediate threat or danger, or the person responding to or investigating the report is or feels threatened or in danger of physical harm. If the abuse is alleged to have occurred in a school or child care facility the division shall not meet with the child in any school building or child-care facility building where abuse of such child is alleged to have occurred. When the child is reported absent from the residence, the location and the well-being of the child shall be verified. For purposes of this subsection, child care facility shall have the same meaning as such term is defined in section 210.201.
7. The director of the division shall name at least one chief investigator for each local division office, who shall direct the division response on any case involving a second or subsequent incident regarding the same subject child or perpetrator. The duties of a chief investigator shall include verification of direct observation of the subject child by the division and shall ensure information regarding the status of an investigation is provided to the public school district liaison. The public school district liaison shall develop protocol in conjunction with the chief investigator to ensure information regarding an investigation is shared with appropriate school personnel. The superintendent of each school district shall designate a specific person or persons to act as the public school district liaison. Should the subject child attend a nonpublic school the chief investigator shall notify the school principal of the investigation. Upon notification of an investigation, all information received by the public school district liaison or the school shall be subject to the provisions of the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34 C.F.R., Part 99.
8. The investigation shall include but not be limited to the nature, extent, and cause of the abuse or neglect; the identity and age of the person responsible for the abuse or neglect; the names and conditions of other children in the home, if any; the home environment and the relationship of the subject child to the parents or other persons responsible for the child's care; any indication of incidents of physical violence against any other household or family member; and other pertinent data.
9. When a report has been made by a person required to report under section 210.115, the division shall contact the person who made such report within forty-eight hours of the receipt of the report in order to ensure that full information has been received and to obtain any additional information or medical records, or both, that may be pertinent.
10. Upon completion of the investigation, if the division suspects that the report was made maliciously or for the purpose of harassment, the division shall refer the report and any evidence of malice or harassment to the local prosecuting or circuit attorney.
11. Multidisciplinary teams shall be used whenever conducting the investigation as determined by the division in conjunction with local law enforcement. Multidisciplinary teams shall be used in providing protective or preventive social services, including the services of law enforcement, a liaison of the local public school, the juvenile officer, the juvenile court, and other agencies, both public and private.
12. For all family support team meetings involving an alleged victim of child abuse or neglect, the parents, legal counsel for the parents, foster parents, the legal guardian or custodian of the child, the guardian ad litem for the child, and the volunteer advocate for the child shall be provided notice and be permitted to attend all such meetings. Family members, other than alleged perpetrators, or other community informal or formal service providers that provide significant support to the child and other individuals may also be invited at the discretion of the parents of the child. In addition, the parents, the legal counsel for the parents, the legal guardian or custodian and the foster parents may request that other individuals, other than alleged perpetrators, be permitted to attend such team meetings. Once a person is provided notice of or attends such team meetings, the division or the convenor of the meeting shall provide such persons with notice of all such subsequent meetings involving the child. Families may determine whether individuals invited at their discretion shall continue to be invited.
13. If the appropriate local division personnel determine after an investigation has begun that completing an investigation is not appropriate, the division shall conduct a family assessment and services approach. The division shall provide written notification to local law enforcement prior to terminating any investigative process. The reason for the termination of the investigative process shall be documented in the record of the division and the written notification submitted to local law enforcement. Such notification shall not preclude nor prevent any investigation by law enforcement.
14. If the appropriate local division personnel determines to use a family assessment and services approach, the division shall:
(1) Assess any service needs of the family. The assessment of risk and service needs shall be based on information gathered from the family and other sources;
(2) Provide services which are voluntary and time-limited unless it is determined by the division based on the assessment of risk that there will be a high risk of abuse or neglect if the family refuses to accept the services. The division shall identify services for families where it is determined that the child is at high risk of future abuse or neglect. The division shall thoroughly document in the record its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the division may commence an investigation;
(3) Commence an immediate investigation if at any time during the family assessment and services approach the division determines that an investigation, as delineated in sections 210.109 to 210.183, is required. The division staff who have conducted the assessment may remain involved in the provision of services to the child and family;
(4) Document at the time the case is closed, the outcome of the family assessment and services approach, any service provided and the removal of risk to the child, if it existed.
15. Within thirty days of an oral report of abuse or neglect, the local office shall update the information in the information system. The information system shall contain, at a minimum, the determination made by the division as a result of the investigation, identifying information on the subjects of the report, those responsible for the care of the subject child and other relevant dispositional information. The division shall complete all investigations within thirty days, unless good cause for the failure to complete the investigation is documented in the information system. If a child involved in a pending investigation dies, the investigation shall remain open until the division's investigation surrounding the death is completed. If the investigation is not completed within thirty days, the information system shall be updated at regular intervals and upon the completion of the investigation. The information in the information system shall be updated to reflect any subsequent findings, including any changes to the findings based on an administrative or judicial hearing on the matter.
16. A person required to report under section 210.115 to the division and any person making a report of child abuse or neglect made to the division which is not made anonymously shall be informed by the division of his or her right to obtain information concerning the disposition of his or her report. Such person shall receive, from the local office, if requested, information on the general disposition of his or her report. Such person may receive, if requested, findings and information concerning the case. Such release of information shall be at the discretion of the director based upon a review of the reporter's ability to assist in protecting the child or the potential harm to the child or other children within the family. The local office shall respond to the request within forty-five days. The findings shall be made available to the reporter within five days of the outcome of the investigation. If the report is determined to be unsubstantiated, the reporter may request that the report be referred by the division to the office of child advocate for children's protection and services established in sections 37.700 to 37.730. Upon request by a reporter under this subsection, the division shall refer an unsubstantiated report of child abuse or neglect to the office of child advocate for children's protection and services.
17. The division shall provide to any individual who is not satisfied with the results of an investigation information about the office of child advocate and the services it may provide under sections 37.700 to 37.730.
18. In any judicial proceeding involving the custody of a child the fact that a report may have been made pursuant to sections 210.109 to 210.183 shall not be admissible. However:
(1) Nothing in this subsection shall prohibit the introduction of evidence from independent sources to support the allegations that may have caused a report to have been made; and
(2) The court may on its own motion, or shall if requested by a party to the proceeding, make an inquiry not on the record with the children's division to determine if such a report has been made. If a report has been made, the court may stay the custody proceeding until the children's division completes its investigation.
19. In any judicial proceeding involving the custody of a child where the court determines that the child is in need of services under paragraph (d) of subdivision (1) of subsection 1 of section 211.031 and has taken jurisdiction, the child's parent, guardian or custodian shall not be entered into the registry.
20. The children's division is hereby granted the authority to promulgate rules and regulations pursuant to the provisions of section 207.021 and chapter 536 to carry out the provisions of sections 210.109 to 210.183.
21. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2000, shall be invalid and void.
452.310. 1. In any proceeding commenced pursuant to this chapter, the petition, a motion to modify, a motion for a family access order and a motion for contempt shall be verified. The petition in a proceeding for dissolution of marriage shall allege that the marriage is irretrievably broken and that therefore there remains no reasonable likelihood that the marriage can be preserved. The petition in a proceeding for legal separation shall allege that the marriage is not irretrievably broken and that therefore there remains a reasonable likelihood that the marriage can be preserved.
2. The petition in a proceeding for dissolution of marriage or legal separation shall set forth:
(1) The residence of each party, including the county, and the length of residence of each party in this state and in the county of residence;
(2) The date of the marriage and the place at which it is registered;
(3) The date on which the parties separated;
(4) The name, age, and address of each child, and the parent with whom each child has primarily resided for the sixty days immediately preceding the filing of the petition for dissolution of marriage or legal separation;
(5) Whether the wife is pregnant;
(6) The last four digits of the Social Security number of the petitioner, respondent and each child;
(7) Any arrangements as to the custody and support of the children and the maintenance of each party; [and]
(8) The relief sought; and
(9) Whether a family intervention order has been entered against either party under sections 455.100 to 455.155. If such an order has been entered, the court:
(a) Shall observe the terms of all family intervention orders issued against either party in the dissolution of marriage case;
(b) May reverse or modify the family intervention order for good cause shown where physical evidence establishes by a preponderance of evidence that the order issued under sections 455.100 to 455.155 was based on false or inaccurate information;
(c) In dissolution of marriage cases in which domestic violence is alleged and the evidence indicates an active chemical substance abuse issue by either party, may consider the provisions of sections 455.100 to 455.155 in evaluating any potential chemical substance abuse issues of the parties; and
(d) If chemical substance abuse is determined to be a factor in alleged domestic violence:
a. Shall observe the findings of any report by a clinical substance abuse treatment provider; and
b. May enter an order or modify a temporary or permanent order by awarding child custody, child support, control of the primary residence, or control of bank accounts to the party with no chemical substance abuse issue if such party is determined by the court to otherwise meet the requirements for such award under law, including but not limited to the best interest of the child, parental fitness, and mental competency.
Nothing in this subdivision shall be construed as requiring the court to delay or otherwise continue any dissolution of marriage proceeding based on the filing or pendency of any family intervention order under sections 455.100 to 455.155.
3. Upon the filing of the petition in a proceeding for dissolution of marriage or legal separation, each child shall immediately be subject to the jurisdiction of the court in which the proceeding is commenced, unless a proceeding involving allegations of abuse or neglect of the child is pending in juvenile court. Until permitted by order of the court, neither parent shall remove any child from the jurisdiction of the court or from any parent with whom the child has primarily resided for the sixty days immediately preceding the filing of a petition for dissolution of marriage or legal separation.
4. The mere fact that one parent has actual possession of the child at the time of filing shall not create a preference in favor of such parent in any judicial determination regarding custody of the child.
5. The respondent shall be served in the manner provided by the rules of the supreme court and applicable court rules and, to avoid an interlocutory judgment of default, shall file a verified answer within thirty days of the date of service which shall not only admit or deny the allegations of the petition, but shall also set forth:
(1) The last four digits of the Social Security number of the petitioner, respondent and each child;
(2) Any arrangements as to the custody and support of the child and the maintenance of each party; and
(3) The relief sought.
6. Previously existing defenses to divorce and legal separation, including but not limited to condonation, connivance, collusion, recrimination, insanity, and lapse of time, are abolished. 7. The full Social Security number of each party and each child and the date of birth of each child shall be provided in the manner required under section 509.520.
8. The petitioner and respondent shall submit a proposed parenting plan, either individually or jointly, within thirty days after service of process or the filing of the entry of appearance, whichever event first occurs of a motion to modify or a petition involving custody or visitation issues. The proposed parenting plan shall set forth the arrangements that the party believes to be in the best interest of the minor children and shall include but not be limited to:
(1) A specific written schedule detailing the custody, visitation and residential time for each child with each party including:
(a) Major holidays stating which holidays a party has each year;
(b) School holidays for school-age children;
(c) The child's birthday, Mother's Day and Father's Day;
(d) Weekday and weekend schedules and for school-age children how the winter, spring, summer and other vacations from school will be spent;
(e) The times and places for transfer of the child between the parties in connection with the residential schedule;
(f) A plan for sharing transportation duties associated with the residential schedule;
(g) Appropriate times for telephone access;
(h) Suggested procedures for notifying the other party when a party requests a temporary variation from the residential schedule;
(i) Any suggested restrictions or limitations on access to a party and the reasons such restrictions are requested;
(2) A specific written plan regarding legal custody which details how the decision-making rights and responsibilities will be shared between the parties including the following:
(a) Educational decisions and methods of communicating information from the school to both parties;
(b) Medical, dental and health care decisions including how health care providers will be selected and a method of communicating medical conditions of the child and how emergency care will be handled;
(c) Extracurricular activities, including a method for determining which activities the child will participate in when those activities involve time during which each party is the custodian;
(d) Child care providers, including how such providers will be selected;
(e) Communication procedures including access to telephone numbers as appropriate;
(f) A dispute resolution procedure for those matters on which the parties disagree or in interpreting the parenting plan;
(g) If a party suggests no shared decision-making, a statement of the reasons for such a request;
(3) How the expenses of the child, including child care, educational and extraordinary expenses as defined in the child support guidelines established by the supreme court, will be paid including:
(a) The suggested amount of child support to be paid by each party;
(b) The party who will maintain or provide health insurance for the child and how the medical, dental, vision, psychological and other health care expenses of the child not paid by insurance will be paid by the parties;
(c) The payment of educational expenses, if any;
(d) The payment of extraordinary expenses of the child, if any;
(e) Child care expenses, if any;
(f) Transportation expenses, if any.
9. If the proposed parenting plans of the parties differ and the parties cannot resolve the differences or if any party fails to file a proposed parenting plan, upon motion of either party and an opportunity for the parties to be heard, the court shall enter a temporary order containing a parenting plan setting forth the arrangements specified in subsection 8 of this section which will remain in effect until further order of the court. The temporary order entered by the court shall not create a preference for the court in its adjudication of final custody, child support or visitation.
10. Within one hundred twenty days after August 28, 1998, the Missouri supreme court shall have in effect guidelines for a parenting plan form which may be used by the parties pursuant to this section in any dissolution of marriage, legal separation or modification proceeding involving issues of custody and visitation relating to the child.
11. The filing of a parenting plan for any child over the age of eighteen for whom custody, visitation, or support is being established or modified by a court of competent jurisdiction is not required. Nothing in this section shall be construed as precluding the filing of a parenting plan upon agreement of the parties or if ordered to do so by the court for any child over the age of eighteen for whom custody, visitation, or support is being established or modified by a court of competent jurisdiction.
452.375. 1. As used in this chapter, unless the context clearly indicates otherwise:
(1) "Custody" means joint legal custody, sole legal custody, joint physical custody or sole physical custody or any combination thereof;
(2) "Joint legal custody" means that the parents share the decision-making rights, responsibilities, and authority relating to the health, education and welfare of the child, and, unless allocated, apportioned, or decreed, the parents shall confer with one another in the exercise of decision-making rights, responsibilities, and authority;
(3) "Joint physical custody" means an order awarding each of the parents significant, but not necessarily equal, periods of time during which a child resides with or is under the care and supervision of each of the parents. Joint physical custody shall be shared by the parents in such a way as to assure the child of frequent, continuing and meaningful contact with both parents;
(4) "Third-party custody" means a third party designated as a legal and physical custodian pursuant to subdivision (5) of subsection 5 of this section.
2. The court shall determine custody in accordance with the best interests of the child. The court shall consider all relevant factors including:
(1) The wishes of the child's parents as to custody and the proposed parenting plan submitted by both parties;
(2) The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child;
(3) The interaction and interrelationship of the child with parents, siblings, and any other person who may significantly affect the child's best interests;
(4) Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent;
(5) The child's adjustment to the child's home, school, and community;
(6) The mental and physical health of all individuals involved, including any history of abuse of any individuals involved. If the court finds that a pattern of domestic violence as defined in section 455.010 has occurred, and, if the court also finds that awarding custody to the abusive parent is in the best interest of the child, then the court shall enter written findings of fact and conclusions of law. Custody and visitation rights shall be ordered in a manner that best protects the child and any other child or children for whom the parent has custodial or visitation rights, and the parent or other family or household member who is the victim of domestic violence from any further harm;
(7) The intention of either parent to relocate the principal residence of the child; [and]
(8) The wishes of a child as to the child's custodian. The fact that a parent sends his or her child or children to a home school, as defined in section 167.031, shall not be the sole factor that a court considers in determining custody of such child or children; and
(9) Whether either or both parties have a family intervention order entered against them for chemical substance abuse under sections 455.100 to 455.155. Temporary or permanent custody may be considered for any party who does not have a family intervention order entered against them for chemical substance abuse.
3. (1) In any court proceedings relating to custody of a child, the court shall not award custody or unsupervised visitation of a child to a parent if such parent or any person residing with such parent has been found guilty of, or pled guilty to, any of the following offenses when a child was the victim:
(a) A felony violation of section 566.030, 566.032, 566.040, 566.060, 566.062, 566.064, 566.067, 566.068, 566.070, 566.083, 566.090, 566.100, 566.111, 566.151, 566.203, 566.206, 566.209, 566.212, or 566.215;
(b) A violation of section 568.020;
(c) A violation of subdivision (2) of subsection 1 of section 568.060;
(d) A violation of section 568.065;
(e) A violation of section 568.080;
(f) A violation of section 568.090; or
(g) A violation of section 568.175.
(2) For all other violations of offenses in chapters 566 and 568 not specifically listed in subdivision (1) of this subsection or for a violation of an offense committed in another state when a child is the victim that would be a violation of chapter 566 or 568 if committed in Missouri, the court may exercise its discretion in awarding custody or visitation of a child to a parent if such parent or any person residing with such parent has been found guilty of, or pled guilty to, any such offense.
4. The general assembly finds and declares that it is the public policy of this state that frequent, continuing and meaningful contact with both parents after the parents have separated or dissolved their marriage is in the best interest of the child, except for cases where the court specifically finds that such contact is not in the best interest of the child, and that it is the public policy of this state to encourage parents to participate in decisions affecting the health, education and welfare of their children, and to resolve disputes involving their children amicably through alternative dispute resolution. In order to effectuate these policies, the court shall determine the custody arrangement which will best assure both parents participate in such decisions and have frequent, continuing and meaningful contact with their children so long as it is in the best interests of the child.
5. Prior to awarding the appropriate custody arrangement in the best interest of the child, the court shall consider each of the following as follows:
(1) Joint physical and joint legal custody to both parents, which shall not be denied solely for the reason that one parent opposes a joint physical and joint legal custody award. The residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;
(2) Joint physical custody with one party granted sole legal custody. The residence of one of the parents shall be designated as the address of the child for mailing and educational purposes;
(3) Joint legal custody with one party granted sole physical custody;
(4) Sole custody to either parent; or
(5) Third-party custody or visitation:
(a) When the court finds that each parent is unfit, unsuitable, or unable to be a custodian, or the welfare of the child requires, and it is in the best interests of the child, then custody, temporary custody or visitation may be awarded to any other person or persons deemed by the court to be suitable and able to provide an adequate and stable environment for the child. Before the court awards custody, temporary custody or visitation to a third person under this subdivision, the court shall make that person a party to the action;
(b) Under the provisions of this subsection, any person may petition the court to intervene as a party in interest at any time as provided by supreme court rule.
6. If the parties have not agreed to a custodial arrangement, or the court determines such arrangement is not in the best interest of the child, the court shall include a written finding in the judgment or order based on the public policy in subsection 4 of this section and each of the factors listed in subdivisions (1) to (8) of subsection 2 of this section detailing the specific relevant factors that made a particular arrangement in the best interest of the child. If a proposed custodial arrangement is rejected by the court, the court shall include a written finding in the judgment or order detailing the specific relevant factors resulting in the rejection of such arrangement.
7. Upon a finding by the court that either parent has refused to exchange information with the other parent, which shall include but not be limited to information concerning the health, education and welfare of the child, the court shall order the parent to comply immediately and to pay the prevailing party a sum equal to the prevailing party's cost associated with obtaining the requested information, which shall include but not be limited to reasonable attorney's fees and court costs.
8. As between the parents of a child, no preference may be given to either parent in the awarding of custody because of that parent's age, sex, or financial status, nor because of the age or sex of the child.
9. Any judgment providing for custody shall include a specific written parenting plan setting forth the terms of such parenting plan arrangements specified in subsection [7] 8 of section 452.310. Such plan may be a parenting plan submitted by the parties pursuant to section 452.310 or, in the absence thereof, a plan determined by the court, but in all cases, the custody plan approved and ordered by the court shall be in the court's discretion and shall be in the best interest of the child.
10. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, both parents shall have access to records and information pertaining to a minor child, including, but not limited to, medical, dental, and school records. If the parent without custody has been granted restricted or supervised visitation because the court has found that the parent with custody or any child has been the victim of domestic violence, as defined in section 455.010, by the parent without custody, the court may order that the reports and records made available pursuant to this subsection not include the address of the parent with custody or the child. Unless a parent has been denied custody rights pursuant to this section or visitation rights under section 452.400, any judgment of dissolution or other applicable court order shall specifically allow both parents access to such records and reports.
11. Except as otherwise precluded by state or federal law, if any individual, professional, public or private institution or organization denies access or fails to provide or disclose any and all records and information, including, but not limited to, past and present dental, medical and school records pertaining to a minor child, to either parent upon the written request of such parent, the court shall, upon its finding that the individual, professional, public or private institution or organization denied such request without good cause, order that party to comply immediately with such request and to pay to the prevailing party all costs incurred, including, but not limited to, attorney's fees and court costs associated with obtaining the requested information. 12. An award of joint custody does not preclude an award of child support pursuant to section 452.340 and applicable supreme court rules. The court shall consider the factors contained in section 452.340 and applicable supreme court rules in determining an amount reasonable or necessary for the support of the child.
13. If the court finds that domestic violence or abuse, as defined in section 455.010, has occurred, or a parent or other family or household member is determined to be a chemical substance abuser under sections 455.100 to 455.155, the court shall make specific findings of fact to show that the custody or visitation arrangement ordered by the court best protects the child and the parent or other family or household member who is the victim of domestic violence or abuse, as defined in section 455.010, or who is in contact with a person who is determined to be a chemical substance abuser under sections 455.100 to 455.155, and any other children for whom such parent has custodial or visitation rights from any further harm.
455.100. As used in sections 455.100 to 455.155, unless the context clearly indicates otherwise, the following terms shall mean:
(1) "Adult", any person seventeen years of age or older or otherwise emancipated;
(2) "Chemical substance", any controlled substance or controlled substance analogue as defined in section 195.010, or any intoxicating liquor as defined in section 311.020;
(3) "Chemical substance abuse", substance abuse, substance dependency, or substance use disorder, as defined by the currently accepted version of the Diagnostic and Statistical Manual of Mental Disorders, involving a chemical substance;
(4) "Chemical substance abuser", a person with chemical substance abuse diagnosed by a clinical substance abuse treatment provider based on a prevention/intervention evaluation;
(5) "Child", any person under seventeen years of age unless otherwise emancipated;
(6) "Clinical substance abuse treatment provider", a clinical substance abuse treatment provider contracted with or certified by the department of mental health;
(7) "Court", the circuit or associate circuit judge or a family court commissioner;
(8) "Family" or "household member", spouses, former spouses, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and any person who has a child in common regardless of whether they have been married or have resided together at any time;
(9) "Family chemical substance abuser", any family or household member, adult or child, who is currently and allegedly a chemical substance abuser;
(10) "Family intervention order", an order issued under sections 455.100 to 455.155;
(11) "Petitioner", either the spouse of the respondent or a child of the spouse and the respondent who is eighteen years of age or older who files for a family intervention order;
(12) "Prevention/intervention evaluation" or "P/I evaluation", an evaluation to determine whether a person has substance abuse, substance dependence, or a substance use disorder as defined by the currently accepted version of the Diagnostic and Statistical Manual of Mental Disorders and administered by:
(a) A physician or physician assistant licensed under chapter 334;
(b) An advanced practice registered nurse licensed under chapter 335;
(c) A psychologist, professional counselor, social worker, or marital and family therapist licensed under chapter 337;
(d) A substance abuse professional certified by the Missouri Substance Abuse Professional Credentialing Board; or
(e) Any other person credentialed or licensed in this state whose scope of practice includes prevention/intervention evaluation under the Diagnostic and Statistical Manual of Mental Disorders;
(13) "Recovery support organization", a recovery support organization contracted with or credentialed by the department of mental health;
(14) "Respondent", any adult or child alleged to be a family chemical substance abuser against whom a family intervention order petition is filed;
(15) "Responsible family member", any adult family or household member who is capable of bringing about a family intervention to force a family chemical substance abuser into treatment.
455.105. 1. A petition for a family intervention order shall be filed in the county where the petitioner or respondent resides, or where the respondent may be served.
2. A petitioner who alleges to have a family chemical substance abuser as a member of his or her family or household may seek relief under sections 455.100 to 455.155 by filing a verified petition alleging such chemical substance abuse by the respondent. Nothing in this section shall be construed as allowing any state agency, guardian ad litem, or other organization or entity standing to file a petition for a family intervention order.
3. A petitioner's right to relief under sections 455.100 to 455.155 shall not be affected by his or her leaving the residence or household to avoid contact with a family chemical substance abuser.
4. Any family intervention order issued under sections 455.100 to 455.155 shall be effective throughout the state in all cities and counties.
455.110. 1. (1) Not later than fifteen days after the filing of a petition under sections 455.100 to 455.155, a hearing shall be held unless the court deems, for good cause shown, that a continuance should be granted. At the hearing, if the petitioner has proved the allegation of chemical substance abuse by the respondent by a preponderance of the evidence, the court shall issue a full family intervention order for a period of time the court deems appropriate; except that, the family intervention order shall be valid for at least one hundred eighty days and not more than one year.
(2) Upon motion by the petitioner and after a hearing by the court, the full family intervention order may be renewed for a period of time the court deems appropriate; except that, the family intervention order shall be valid for at least one hundred eighty days and not more than one year from the expiration date of the originally issued full family intervention order.
(3) The court may, upon finding that it is in the best interest of the parties, include a provision that any full family intervention order for one year shall automatically renew unless the respondent requests a hearing by thirty days prior to the expiration of the order. If for good cause a hearing cannot be held on the motion to renew or the objection to an automatic renewal of the full family intervention order prior to the expiration date of the originally issued full family intervention order, an extension of not more than thirty days may be granted until a hearing is held on the motion.
(4) When an automatic renewal is not authorized, upon motion by the petitioner, and after a hearing by the court, the second full family intervention order may be renewed for an additional period of time the court deems appropriate; except that, the family intervention order shall be valid for at least one hundred eighty days and not more than one year.
(5) For purposes of this subsection, a finding by the court of a subsequent act of chemical substance abuse is not required for a renewal of a family intervention order.
2. (1) The court shall cause a copy of the petition and notice of the date set for the hearing on such petition to be served upon the respondent as provided by law or by any sheriff or police officer at least three days prior to such hearing. Such notice shall be served at the earliest time and service of such notice shall take priority over service in other actions, except those of a similar emergency nature.
(2) The court shall cause a copy of any full family intervention order to be served upon or mailed by certified mail to the respondent at the respondent's last known address. After good faith efforts to serve or mail a copy of the full family intervention order to the respondent, failure of the respondent to receive such service or mailing shall not affect the validity or enforceability of a full family intervention order.
455.115. 1. Any full family intervention order granted under sections 455.100 to 455.155 shall require at a minimum:
(1) Ordering the respondent to take a prevention/intervention (P/I) evaluation;
(2) If such P/I evaluation determines that the respondent is a chemical substance abuser, the respondent may be ordered to receive services from a clinical substance abuse treatment provider for the purpose of determining a treatment plan which may include, but not be limited to, inpatient treatment, outpatient treatment, medication assisted treatment, and support from a recovery support organization;
(3) If evidence of serious physical violence is provided, the court may issue a temporary order of protection under this chapter and remove the respondent from the family household pending the outcome of the P/I evaluation. Such restraining order may include the treatment period if deemed necessary by the court;
(4) Failure of the respondent to comply with the terms of the family intervention order shall result in issuance of a full order of protection under this chapter.
2. Upon completion of a P/I evaluation and a determination that the respondent meets the definition of a chemical substance abuser, the court shall recommend that the respondent voluntarily agree to receive treatment from a clinical substance abuse provider or recovery support organization. If the respondent voluntarily agrees to receive such treatment, the court shall enter an order stipulating the respondent's agreement to receive such treatment, including any terms and conditions. If the respondent resides in another state, the court shall approve receipt of such treatment from a clinical substance abuse provider or recovery support organization at a location near the respondent's residence.
3. Upon completion of a P/I evaluation and a determination that the respondent may have chemical substance abuse issues but does not meet the definition of a chemical substance abuser based on the clinical requirements under the Diagnostic and Statistics Manual of Mental Disorders, the court may, in its discretion, recommend or, with and to the extent of the respondent's consent, order that the respondent:
(1) Attend Alcoholics Anonymous, Narcotics Anonymous, or other similar programs. If the court recommends or orders attendance at Alcoholics Anonymous, Narcotics Anonymous, or other similar programs, the respondent shall provide verification of attendance by the leader of such meetings or program or any person publicly listed as the contact person for such meetings or program. Nothing in this subsection shall be construed as requiring any person who attends such meetings or program to verify the attendance of the respondent or otherwise identify himself or herself as a member of such program in contradiction to such program's stated anonymity requirement; or
(2) Receive appropriate or alternative services from religious or private sources subject to the provisions of subsection 4 of this section.
4. Upon motion of any party or the court's own motion, the court may, in its discretion and with and to the extent of the respondent's consent, authorize additional or alternate services, counseling, or other services under this section, whether in whole or in part, to be provided by religious or other private sources without any financial compensation or other remuneration upon agreement to be a services provider as stipulated in the family intervention order.
455.120. If the respondent fails to comply with the requirements of the family intervention order, the court may presume that the respondent is a family chemical substance abuser. Any family member of the respondent who fails to comply with any order of the court regarding a family intervention order may be deemed the least preferable parent for the purposes of determining child custody and visitation, property rights, and control of funds held in financial institutions.
455.125. If the petitioner or any other family or household member is determined to be a chemical substance abuser, the family intervention order shall include the same requirements described in sections 455.100 to 455.155 for such petitioner or family or household member.
455.130. The court may, in its discretion, recommend or, with and to the extent of the petitioner's, respondent's, or other family or household member's consent, order a petitioner, respondent, or other family or household member to participate in a co-dependency program, Al-Anon, or other similar program as indicated in the P/I evaluation report and in addition to any treatment recommended or ordered for the respondent.
455.135. 1. The department of social services may seek financial assistance for loans from any source, including but not limited to mental health agencies, and through the receipt of any necessary waivers to utilize one percent of any temporary assistance for needy families funds to provide loans at a six percent annual interest rate for individuals who enter chemical substance abuse treatment and who are uninsured or do not have available financial resources to pay for such treatment. The loan shall not exceed the total cost of such individual's chemical substance abuse treatment.
2. The department shall structure the loans under this section in a similar manner as student loan programs established under chapter 173.
3. The department shall utilize all available methods to collect on unpaid loans under this section.
4. Beginning February 1, 2015, and by every February first thereafter, the department shall file a report with the general assembly which shall include a summary detailing any loans provided under this section. Such summary may include the number and amount of loans, but shall not specifically identify any loan recipient.
5. The department shall promulgate rules to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2014, shall be invalid and void.
455.140. All proceedings under sections 455.100 to 455.155 shall be independent of any proceedings for dissolution of marriage, legal separation, separate maintenance and other actions between the parties and shall be in addition to any other available civil or criminal remedies, unless otherwise specifically provided herein.
455.145. The following forms shall be used for the issuance of family intervention orders under sections 455.100 to 455.155:
(1) Family intervention evaluation form, to be completed by the person who administers the P/I evaluation:
FIO EVALUATION FORM
Chemical Dependency and Co-Dependency Evaluation
Cause # ________________________
Individual's Name: ________________________
Evaluation:
☐ This person does not appear to be a substance abuser.
☐ This person may be a substance abuser.
☐ This person most likely is a substance abuser.
The assessed level of this person's substance abuse is:
☐ Unknown
☐ None
☐ Minor
☐ Functional
☐ Severe
☐ Chronic
Substances individual may have used recently: ________________
Substances individual has used recently: ________________
☐ Individual needs co-dependency treatment
The assessed level of co-dependency is:
☐ Minor
☐ Functional
☐ Severe
Recommended Course Of Action:
Substance Abuse Treatment Recommendations:
Formal Treatment
☐ In-patient treatment
☐ Out-patient treatment
Informal Treatment
☐ Attend Alcoholics Anonymous meetings
☐ Attend Narcotics Anonymous meetings
☐ Attend Al-Anon meetings
☐ Attend other meetings or program ______________
Co-Dependency Treatment Recommendations:
Formal Treatment
☐ In-patient treatment
☐ Out-patient treatment
Informal Treatment
☐ Attend Alcoholics Anonymous meetings
☐ Attend Narcotics Anonymous meetings
☐ Attend Al-Anon meetings
☐ Attend other meetings or program ______________
Comments:
___________________________________________________________
___________________________________________________________
___________________________________________________________
___________________________________________________________
(2) Family intervention follow-up form, to be completed by the clinical substance abuse treatment provider or other services provider authorized under section 455.115, RSMo:
FIO FOllOW-UP FORM
Chemical Dependency and Co-Dependency Follow-Up Evaluation
Cause # ______________________
Individual's Name: ______________________
Provider Name: ______________________
Provider Contact: _____________________ Signature: ___________
Period Of Review:
Starting Date: _____________________
Ending Date: _____________________
Periodic Evaluation for:
☐ Substance Abuse
☐ Co-dependency
Inpatient Treatment Attendance Record:
☐ Not Applicable
☐ Individual has attended all meetings during this evaluation period.
☐ Individual has missed one meeting during this evaluation period.
☐ Individual has missed several meetings during this evaluation period.
☐ Individual has missed all meetings during this evaluation period.
☐ Individual left the treatment center without permission for ____ day(s)
Outpatient Treatment Attendance Record:
☐ Not Applicable
☐ Individual has attended all meetings during this evaluation period.
☐ Individual has missed one meeting during this evaluation period.
☐ Individual has missed several meetings during this evaluation period.
☐ Individual has missed all meetings during this evaluation period.
Substance Use Record:
☐ Not Applicable
☐ Individual may have used substances during this evaluation period.
☐ Individual has used substances during this evaluation period.
Substances individual may have used recently: _________
Substances individual has used recently: ______________
Overall Progress:
☐ Individual is progressing satisfactorily.
☐ Individual is progressing marginally.
☐ Individual's progress is not satisfactory.
Comments:
_________________________________________________________
_________________________________________________________
_________________________________________________________
_________________________________________________________
(3) Program follow-up form, to be completed in accordance with subsection 3 of section 455.115, RSMo:
PROGRAM FOLLOW-UP FORM
Meetings Program Attended
Individual's Name: ________________________________
Program ☐ Alcoholics Anonymous ☐ Al-Anon ☐ Other_______
Period Of Review:
Starting Date: ________________________________
Ending Date: ________________________________
Name of Group, Location, Date of Attendance, Name of Group Leader, Signature
1. _______________________________________________________
2. _______________________________________________________
3. _______________________________________________________
4. _______________________________________________________
5. _______________________________________________________
6. _______________________________________________________
7. _______________________________________________________
8. _______________________________________________________
9. _______________________________________________________
10. _______________________________________________________
11. _______________________________________________________
12. _______________________________________________________
13. _______________________________________________________
14. _______________________________________________________
15. _______________________________________________________
16. _______________________________________________________
17. _______________________________________________________
Anonymous Comments:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
455.150. 1. Subject to appropriations, the department of social services, in consultation with the courts, shall develop and make available literature regarding family intervention orders. Such literature shall be available at all state government offices, domestic violence courts, and law enforcement offices. Upon request, such literature shall be provided to twelve-step programs, practicing psychologists and psychiatrists, and other organizations.
2. Subject to appropriations, the department shall implement a public awareness media campaign to inform the public on the availability of family intervention orders. Such media campaign shall include, but not be limited to, direct advertising in newspapers, on television, radio, and the internet.
455.155. 1. The court shall retain jurisdiction over the family intervention order issued under sections 455.100 to 455.155 for its entire duration. The court may schedule compliance review hearings to monitor the respondent's compliance with the order.
2. The terms of the family intervention order issued under sections 455.100 to 455.155 are enforceable by all remedies available at law for the enforcement of a judgment, and the court may punish a respondent who willfully violates the order to the same extent as provided by law for contempt of the court in any other suit or proceeding cognizable by the court.
660.255. 1. Any person having reasonable cause to suspect that an eligible adult presents a likelihood of suffering serious physical harm and is in need of protective services shall report such information to the department.
2. The report shall be made orally or in writing. It shall include, if known:
(1) The name, age, and address of the eligible adult;
(2) The name and address of any person responsible for the eligible adult's care;
(3) The nature and extent of the eligible adult's condition; and
(4) Other relevant information.
3. Reports regarding persons determined not to be eligible adults as defined in section 660.250 shall be referred to the appropriate state or local authorities.
4. The department shall maintain a statewide toll free phone number for receipt of reports.
5. All reports made under this section shall include an inquiry of the reporter as to whether chemical substance abuse, as defined in section 455.100, may be present. If chemical substance abuse may be a factor and the reporter is a family member of the alleged abuser, the reporter shall be informed on how to obtain a family intervention order under sections 455.100 to 455.155.
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