SALVA AND STORCH (Co-sponsors).Read 1st time January 11, 2005 and copies ordered printed.





To amend chapter 488, RSMo, by adding thereto one new section relating to the child advocacy center fund.

Be it enacted by the General Assembly of the state of Missouri, as follows:

            Section A. Chapter 488, RSMo, is amended by adding thereto one new section, to be known as section 488.637, to read as follows:

            488.637. 1. As used in this section, "child advocacy center" means any entity that:

            (1) Is identified in section 210.001, RSMo, and is funded through the department of social services;

            (2) Has a neutral, child-focused facility where forensic interviews are conducted using a multidisciplinary team approach in appropriate cases of suspected child sexual abuse, serious physical abuse, and children who witness violence;

            (3) Has a minimum designated staff who are supervised by an executive director or coordinator who is approved by their local board of directors or a governing board;

            (4) Conducts regular case review team meetings on a scheduled basis or as the case load of the community requires. The team may shall consist of representatives from the prosecuting attorney, the children's division, department of mental health provider, medical safecare provider, law enforcement, a victim's advocate, and the child advocacy center staff;

            (5) Provides case tracking of child abuse cases seen through the center in compliance with the National Children's Alliance standards for members as required by the department of social services;

            (6) Provides referrals for medical exams and mental health therapy, when appropriate, either in-house or within the child's community. The center shall provide follow-up on all referrals for services through a child advocacy center;

            (7) Provides training for various disciplines in the community that deal with child abuse;

            (8) Has an interagency cooperative agreement as defined by the Missouri Network of Child Advocacy Centers for each county served by that child advocacy center; and

            (9) Provides assurance that volunteers at the center are trained and screened by appropriate resources.

            2. (1) There is hereby created in the state treasury the "Child Advocacy Center Fund", which shall consist of money collected under this section. The director of the department of social services shall be custodian of the fund. Money in the fund shall be used solely as provided in this section.

            (2) Notwithstanding the provisions of section 33.080, RSMo, to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

            (3) The director of the department of social services shall invest moneys in the fund in the same manner as other funds are invested. Any interest and moneys earned on such investments shall be credited to the fund.

            3. In addition to other fees authorized by law, there shall be imposed a fee of two dollars upon each party to a dissolution of marriage judgment rendered in the courts of this state. The fee shall be collected by the clerk of each court in which a dissolution of marriage judgment is rendered, and shall be transferred at least monthly to the child advocacy center fund.

            4. The director of the department of social services, in conjunction with the Missouri Network of Child Advocacy Centers, shall establish a procedure by which the moneys deposited in the fund shall be distributed to qualifying child advocacy centers, and is authorized to promulgate rules and regulations necessary to administer and enforce this subsection. Any rule or portion of a rule, as that term is defined in section 536.010, RSMo, 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, RSMo, and, if applicable, section 536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, RSMo, 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, 2005, shall be invalid and void.