House passes overhaul of child welfare system

JEFFERSON CITY, Mo. -- For the second time this session, the House has passed legislation overhauling the state's system of handling alleged cases of child abuse and neglect.

The 170-page bill, prompted by the 2002 death of Springfield foster child Dominic James, would clarify the evidence needed before someone is placed on the state's child abuse registry. It would also open many records and court proceedings to the public.

Similar legislation won House passage earlier this year and is pending in the Senate. On Wednesday, the House added the provisions to a separate Senate bill and passed it on an announced 111-29 vote.

A final version of the legislation is likely to be crafted by a House and Senate conference committee.

Lawmakers also approved a similar bill last year, but it was vetoed by Gov. Bob Holden.

House Speaker Catherine Hanaway, the bill's sponsor, said her intent in continually pushing the legislation is simply "to make kids' lives better."

Died of injuries

Dominic James' foster father, John Wesley Dilley, was convicted last fall of fatally abusing the child, whom a medical examiner concluded died of injuries consistent with shaken-baby syndrome. Dilley was sentenced to 15 years in prison.

Various child advocacy groups have contended Dominic should never have been removed from his parents' custody, should not have been placed with Dilley or at least should have been removed from Dilley's care after Dominic was rushed to the hospital on the first of two occasions.

The House spent more than an hour debating whether new mothers should have to watch a video explaining the dangers of shaking before they left a hospital.

"This in my mind is an immunization against child abuse," said Hanaway, R-Warson Woods. "I think just requiring mom to watch a 10-minute video is certainly not going to do any harm to mom and in all likelihood is going to save the lives of some children."

Some House members wanted to make the video-watching optional, and some Democrats called Republican support for the proposal hypocritical. The Republican-controlled House voted last week to repeal Missouri's mandatory motorcyle helmet law for adults, calling for less government regulation of personal freedom.

After more than an hour of debate, Republican Rep. Wayne Cooper chided his colleagues for spending so much time on an issue he called "totally ridiculous."

"I've had a few children and a few grandchildren, and I don't think it's the state's responsibility to tell me how to take care of my children," said Cooper, R-Camdenton.

Eventually, the House amended the bill to make the video-watching an option, instead of a requirement.

Also under the bill, all school employees who have contact with children would have to pass background checks, including bus drivers, secretaries and janitors.

The bill also would revise the state's registry of suspected child abusers. To be put on the registry, a person would have to be suspected by a preponderance of the evidence against him. The current law has been overturned by a judge, who found the probable cause standard insufficient.

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Children's bill is SB762.

On the Net:

Legislature: http://www.moga.state.mo.us