Vote Smart's Synopsis:

Vote to amend and pass a bill that increases oversight over unlicensed religious boarding schools in the state that have faced allegations of abuse and neglect.

Highlights:

• Defines “department” as the Department of Social Services or the children's division within the Department of Social Services, as determined by the department (Sec. A-210.1253-2).

• Authorizes the court to enter an order under this section if (Sec. A-210.143-2):

• The court determines that there is reasonable cause to believe that the child has been abused or neglected and the residential care facility does not voluntarily provide access to the child;

• The assessment is reasonably necessary for the completion of an investigation or the collection of evidence; and

• Doing so is in the best interest of the child.

• Requires the petition for an order under this section to be filed in the juvenile or family court that has judicial custody of the child or in the circuit court of the county (Sec. A-210.143-7):

• Where the child resides;

• Where the child may be found;

• Where the residential care facility is located;

• Where the alleged perpetrator of the child abuse or neglect resides or may be found; or

• Where the subject of the subpoena may be located or found

• Requires the department to provide the results of the background check to the applicant in a statement that indicates whether the applicant is eligible or ineligible for employment or presence at the licensed residential care facility or licensed child placing agency (Sec. A-210.493-9).

• Requires a residential care facility to allow parents or guardians of children in the residential care facility unencumbered access to the children of the parents or guardians in the residential care facility without requiring prior notification to the residential care facility (Sec. A-210.1256-2).

• Authorizes the department, the prosecuting or circuit attorney of the county where the facility is located, or the attorney general to seek injunctive relief to cease the operation of the residential care facility and provide for the appropriate removal of the children from the residential care facility and placement in the custody of the parent or legal guardian or any other appropriate individual or entity in the discretion of the court (Sec. A-210.1271-1).

• Authorizes the court to enter an order placing a child in the emergency, temporary protective custody of the children's division within the department for a period not to exceed 5 days. The placement will occur only if the children's division certifies to the court that the children's division has a suitable, temporary placement for the child and the court makes specific, written findings that (Sec. A-210.1271-4):

• It is contrary to the welfare of the child to remain in the residential care facility;

• That the parent or legal guardian is unable or unwilling to take physical custody of the child within that time; and

• There is no other temporary, suitable placement for the child.

• Establishes a person is guilty of a class B misdemeanor if a person subject to background check requirements knowingly fails to complete a background check (Sec. A-210.1283).

Full Bill Text