Section 210.123

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 28 Aug 2020   

  210.123.  Temporary alternative placement agreements — definitions — purpose — requirements — rulemaking authority. — 1.  As used in this section, the following terms and phrases mean:

  (1)  "Relative", as that term is defined in section 210.565. Such relative shall be an adult;

  (2)  "Temporary alternative placement agreement", a voluntary agreement between the division, a relative of the child, and the parent or guardian of the child to provide a temporary, out-of-home placement for a child if the parent or guardian is temporarily unable to provide care or support for the child and the child is not in imminent danger of death or serious bodily injury, or being sexually abused such that the division determines that a referral to the juvenile office with a recommendation to file a petition or to remove the child is not appropriate.  The agreement shall be reduced to writing within three business days.  The written agreement shall be signed by the parent or guardian, the relative, and the authorized representative of the division.  A temporary alternative placement agreement shall be valid for no more than ninety days.  If the agreement shall be extended beyond ninety days, then, before the expiration of the ninety-day period, the division shall send a referral to the juvenile officer to make a determination whether to file a petition, to set the matter for a preliminary child welfare hearing, or to take other appropriate action as the juvenile officer deems necessary.  The temporary alternative placement agreement shall include:

  (a)  A plan for return of the child to the child's parent or legal guardian within the time specified under the agreement, or diligent implementation of an alternative, legal arrangement for the safe care, custody, and control of the child including, but not limited to, execution of a power of attorney under section 475.602, an affidavit for relative caretaker under section 431.058, legal guardianship, the entry of an order of child protection, or entry of temporary or permanent legal custody arrangements by a court of competent jurisdiction;

  (b)  A requirement that the parties cooperate with the division and participate in all services offered by the division;

  (c)  A notice to all parties that the division will notify the juvenile officer that a temporary alternative placement agreement has been implemented, that a copy of the agreement will be provided to the juvenile officer, that the temporary alternative placement agreement is not binding on the juvenile officer, and the division retains the authority to refer the case to the juvenile officer with a recommendation for further action at any time;

  (d)  Identifying the behaviorally specific changes that the parent or guardian of the child shall make to ensure that the child's safety and welfare can be assured before the child is returned to the home;

  (e)  Identifying the services that the division shall offer the parents and the child to address the reasons the child is being placed out of the home;

  (f)  Requiring that the child reside in the state of Missouri for the duration of the agreement; and

  (g) That the agreement is voluntary and that the parent or guardian may withdraw from the agreement upon five days' written notice.

  2.  As provided in this section, the division may enter into a temporary alternative placement agreement with parents and legal guardians of a minor child who cannot safely remain in the child's home on a temporary basis.  The purpose of such agreement is to mitigate trauma to the child and to enable the division to make reasonable efforts to assure the safety of a child in a placement familiar to the child, and to give the child and the child's family an opportunity to develop and implement a plan to assure the stability and well-being of the child in the short term. The child shall reside in the state of Missouri for the duration of the temporary alternative placement agreement unless the child requires medical treatment in another state that is not reasonably available within the state of Missouri.

  3.  (1)  The division shall conduct a walk-through of the relative's home where the child will be staying and conduct a background check of the relative and any adult household member before determining whether the relative is suitable.

  (2)  The background check shall include a check of the central registry, the sexual offender registry, the department of social services' family care safety registry, any state courts automated case management system, and the records of the division to determine if circumstances exist that indicate the child shall not be safe if placed in the home.  The division may, in its discretion, follow up with a fingerprint-based criminal background check.

  (3)  The suitable relative shall be a resident of the state of Missouri and shall remain a resident of the state of Missouri for the duration of the agreement.

  4.  (1)  The division may only enter into a temporary alternative placement agreement if:

  (a)  The child cannot remain safely in the home of the child's parent or legal guardian;

  (b)  It is not apparent that the child is otherwise in imminent danger of death, serious physical injury, or being sexually abused such that an immediate referral to the juvenile officer with a recommendation to remove the child and initiate juvenile court proceedings is appropriate;

  (c)  There is a relative who is ready, willing, and able to provide safe care for the child on a temporary basis;

  (d)  The division has reasonably available services for the child and family to support and supervise the implementation of the agreement;

  (e)  The child's parent or legal guardian voluntarily enters into the agreement; and

  (f)  The child's parent or legal guardian executes all necessary documents and consents to implement the agreement.

  (2)  The fact that the parent or legal guardian has been advised that the division or juvenile officer may take additional action within his or her authority under law shall not constitute a basis for claiming that the parent or legal guardian's agreement is not voluntary or was coerced.

  (3)  The parent or guardian shall give at least five days' written notice of intent to terminate the agreement to the division and the relative placement provider.  The agreement shall remain in effect until the termination of the agreement is effective.

  5.  (1)  The relative shall have the authority to make the day-to-day decisions for the care of the child during the agreement, as provided in the agreement, and shall further have the authority to make educational and medical decisions for the child as provided in this section.

  (2)  The relative shall consult with the child's parents, legal guardian, and the division before making decisions pertaining to the child other than routine, day-to-day decisions necessary to care for the child.

  (3)  The division shall provide a notice to the relative on a form promulgated by the division for use in notifying schools, medical care providers, and others that the suitable relative or adult has the temporary authority to make these decisions.  Individuals and institutions, including schools and medical care providers, acting upon the authority of such notice shall be immune from liability for acting upon the authority as set forth in the notice^*.

  6.  (1)  The division shall closely monitor, track, and document the implementation of the provisions of the temporary alternative placement agreement for the duration of the agreement.

  (2)  The division shall have personal contact with the child as may be appropriate to ensure that the temporary alternative placement agreement is being safely implemented, but in no event less than two times each month.  At least one personal contact with the child shall be in the child's alternative placement.

  (3)  The division shall schedule a team decision-making meeting within ten days of the execution of a temporary alternative placement agreement and at least once every month thereafter for the duration of the agreement.

  (4)  Within ten days of the execution of a temporary alternative placement agreement, the division shall open a family-centered services case and keep the case open for the duration of the agreement.

  (5)  No later than ten days before the termination of the temporary alternative placement agreement, the division shall submit a written report to the juvenile office.  The division shall provide a copy of the report to the placement provider and the child's parent or guardian.  The report shall include a copy of the agreement, a specific description of the steps taken to complete the agreement, and a recommendation to the juvenile officer about whether further action may be necessary.

  7.  If the parent or guardian does not agree to the temporary alternative placement agreement, the division shall refer the matter to the juvenile officer for appropriate action as determined by the juvenile officer.

  8.  All parties to the temporary alternative care agreement shall exercise diligent efforts to implement the agreement.  The suitable relative and the parents or guardians shall fully cooperate with the division.

  9.  If the division determines that the goals of the temporary alternative placement agreement are not accomplished within the time period specified in the agreement and the safety or well-being of the child cannot be assured if the child were to return home, the division shall refer the case to the juvenile officer.

  10.  A temporary alternative placement agreement may be executed in conjunction with the informal adjustment process through the juvenile office.

  11.  The juvenile officer shall not be bound by the terms of a temporary alternative placement agreement, unless the juvenile officer is a signatory to the agreement, and the juvenile officer may exercise discretion to take appropriate action within the juvenile officer's authority under law. However, the juvenile officer shall take into consideration the provisions of and the implementation of the agreement when taking action under such authority.

  12.  The division shall promulgate regulations to implement the provisions of this section.  This section shall not be effective until the regulations are promulgated.

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(L. 2020 H.B. 1414 merged with S.B. 653)

*Word "letter" appears in original rolls of H.B. 1414, 2020.