MOPTA’s “Third Party Child Abuse Reporting” Resolution Legislation Passed
On May 12, 2011, SB54 was "Truly Agreed To and Finally Passed". It will now make its way to the Governor's desk to be signed into law and is expected to become effective on August 28, 2011. Section 210.135 of this Senate Bill is in direct alignment with Missouri PTA’s “Third Party Child Abuse Reporting” Resolution. In 2007, the Missouri State Convention
delegates passed a resolution that spurred this legislative movement. Click here to view the MOPTA resolution. This
resolution seeks to remove the risk of being sued when a legitimate report of suspected child abuse is made by a Third
Party and therefore, remove a significant barrier to protect children from suspected abuse.
During the 2011 Legislative session, MOPTA was fortunate to have four different bills filed that addressed the child abuse reporting issue. SB 112 (Kraus-Jackson County), HB 565 (Denison-Springfield), HB 902 (Neth-Liberty), and SB 54 (Cunningham-St. Louis County) all contained language addressing the child abuse reporting issue. Please let these legislators know that you appreciate their work toward keeping all Missouri children safe.
Until Governor Nixon signs SB 54, in Missouri, a sincerely concerned Third Party who desires to report suspected child abuse MUST only notify a law enforcement agency, juvenile office, court, or child-protective service agency, otherwise that Third Party can be sued (civil or criminal liability). So, today, if a Third Party unknowingly reports suspected child abuse to other organizations (e.g. school or medical institution administrators), that Third Party can be sued. In 2005-2006, one concerned Missouri family suffered because of this. Many people may be hesitant to report suspected child abuse because of the possible
repercussions. Our children deserve protection from abusers. The minor changes to existing Missouri law can help remove fears of being sued for those who can make a report without affecting any increase in false reporting.
It is the position of MOPTA that ANY form of child abuse needs to be dealt with appropriately and any person who legitimately files a report should to be able to do so without any fear of repercussions for trying to protect a child. It is a basic right of children to be protected against any abuser, and people who try to help them deserve protection as well.
Because of Missouri PTA's advocacy efforts, we have made a difference. If you took the time to contact your legislators about this issue, you have been a part of the solution. Advocacy is at the heart of PTA, and together we can make a difference.
Please stay informed on the issues that affect our children, both at the local and national level. MOPTA can assist you in your efforts to be an effective advocate. You can find the names and contact information for your legislators, click here. If you need any help with letter writing or how to speak to your legislators in person, there are excellent informative “how to” videos on the NPTA website, click here. The MOPTA Legislative Department is also ready and eager to help you advocate on behalf of Missouri’s children.
Thank you to those of you who have worked to close this loop hole in Missouri law. Together, we do make a difference.