SS/SB 823 - This act modifies existing statutory immunity from liability for certain persons involved with reporting, investigating, or responding to allegations of child abuse or neglect to include employees of the Department of Social Services, as well as to include additional provisions of law under which such individuals' actions may receive immunity from liability.

This act modifies existing statutory exceptions against recognizing privileged communications in situations of child abuse or neglect to include cooperation with the Children's Division in its activities under additional provisions of law, including child abuse or neglect investigations, termination of parental rights, and adoption and foster care.

Under current law, all information provided at a family support team meeting relating to the removal of a child from the child's home is confidential. This act modifies this provision so that all information provided at the meeting is confidential.

Under this act, the Department of Social Services shall establish programs to implement the provisions of the federal Family First Prevention Services Act by providing support to children and their families to prevent foster care placements when doing so is safe for the children and by limiting the use of residential setting placements.

If a child is placed in a residential congregate setting, the Children's Division shall arrange for a qualified individual to complete an assessment of the child within 30 days to determine the child's placement options and short-term and long-term goals, as specified in the act. The Children's Division shall assemble a family support team for the child. A qualified individual working with the child to develop the child's assessment shall have unlimited access to the child's records, including medical, educational, mental health, and placement records. The assessment shall be provided to all parties in a juvenile proceeding and admitted into evidence, with redactions as needed.

Within 60 days of the start of a placement in a residential setting, the court shall assess the appropriateness of the child's placement and make specific findings of fact, as described in the act. The court shall reassess the appropriateness for the child to remain in a residential setting placement at every subsequent hearing, but not less than every 6 months, until the child is discharged to a less restrictive, non-residential setting.

This act modifies current law regarding family support team meetings to permit biological family members and relatives, as appropriate, as well as professionals who are a resource to the child's family, to participate in the family support team meetings. In the case of a child who is age 14 or older, the team shall include members selected by the child. The Children's Division may exclude an individual from a meeting or make alternative arrangements for an individual to express his or her views if the individual becomes disruptive.

This act modifies current law relating to child care subsidies and child care facility licensing by transferring supervision and implementation authority from the Department of Social Services and the Department of Health and Senior Services to the Department of Elementary and Secondary Education pursuant to the Governor's Executive Order creating the Office of Childhood within the Department of Elementary and Secondary Education.

This provision is substantially similar to SB 982 (2022).

This act authorizes school contracted agents trained by a nurse to administer an epinephrine auto syringe on any student who is having a life-threatening anaphylactic reaction. This act also provides that trained contracted agents shall be immune from civil liability in the administration of a prefilled auto syringe.

This provision is identical to SB 1170 (2022).

Finally, this act prohibits pleadings, attachments, and exhibits filed with the court from including any personal identifying information of a minor and any next friend, except as provided in a confidential information filing sheet.

SARAH HASKINS