Missouri lawmakers debate legislation that would mandate reporting of child sexual abuse

In the wake of the Jerry Sandusky trial, Missouri legislators are continuing to debate what defines a criminal in sexual abuse cases. Sen. Eric Schmitt, R-St. Louis County, has sponsored a bill that would mandate that a witness of child sexual abuse come forward or face criminal charges. Schmitt said that the ultimate goal of this bill is not to criminalize people who are witnesses, but protect children in Missouri from sexual abuse.
"I think at the end of the day, what it comes down to for me is doing the right thing and expecting our neighbors to do the same to protect our kids," Schmitt said.
Current law states that only certain professionals who deal with children have a legal obligation to report cases of child sexual abuse.
Schmitt's bill provides that all people above the age of 18 would be required to report these cases to law enforcement. Those who fail to report a child sexual abuse case would face one year of jail time or a $1,000 fine.
Sen. Rob Schaaf, R-St. Joseph, said only reasonable people should be held liable.
“I could see in my own mind somebody saying, ‘well I didn’t think what I saw was sexual abuse’ and the court saying ‘oh no, you’re going to jail,” Schaaf said.
Sen. Jolie Justus, D-Jackson County, questions the idea of turning a bystander into a criminal, especially in cases concerning parents having to report children.
"Though the child is in the system getting the assistance that they need, we need to consider everything that goes with it," Justus said. "Is the child going to be removed from the care of the parent and put into the foster care system? Is the child going to have to go on the sex offender registry? All of those things put parents and guardians in a really difficult place."
A Missouri task force was created last year that focused on the prevention of child sexual abuse. This group, titled the Task Force on the Prevention of Sexual Abuse of Children, conducted four public hearings last year and developed a report of their recommendations on how to prevent child sexual abuse.
The task force recommended that the state amend the mandatory reporting law, but did not make a witness liable to face criminal charges for failing to report.
Emily Van Schenkhof, task force member and deputy director of Missouri Kids First, testified against the new bill at Wednesday's hearing.
"We did consider something similar to what is in Sen. Schmitt's bill," Van Schenkhof said. "However, since most instances of child sexual abuse are not witnessed, it would not have a significant impact on child welfare in the state and thus they didn't make that recommendation."
Van Schenkhof also said that the most common people who witness child sexual abuse are other juveniles who, under Schmitt's bill, would not be required to report the case.
Though Schmitt said his bill is tailored to the specific situation of when an adult witnesses the sexual abuse of a child.
"If you're looking at this specifically it's probably pretty rare," Schmitt said. "Yet to the extent it does occur I think it's something we probably want people to report."

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"Fiscal cliff" could lead to less revenue for Missouri

By Brendan Cullerton

(MDN News) -- How the federal government handles the upcoming "fiscal cliff" scenario could have major implications for Missouri revenue.

Without action by the federal government, the tax cuts of former President George W. Bush will expire on Jan. 1, 2013. This expiration would raise the federal income tax rate if Congress cannot come to an agreement before the new year.

Missouri allows a six percent tax deduction on state income taxes for any federal taxes paid, with a limit of $5,000. If people have to pay more in federal taxes because of higher tax rates, then the state tax deduction could be higher, costing Missouri revenue.

Legislators agreed that if the state revenue fell, education funding would take the biggest hit.

"It could be a significant number," said Sen. Rob Schaaf, R-St. Joseph. "I mean 6 percent of a large number can be a very large number."

Rep. Chris Kelly, D-Columbia, said Missouri is one of few states that allow such a deduction, and that puts the state at a disadvantage.

State budget director Linda Luebbering said other factors, like an increase in state gross domestic income, could offset any revenue loss caused by a rise in federal  income tax.

Missouri running out of time to decide on expanding Medicaid

Linda Spence is a 63-year-old full-time student at University of Missouri-Kansas City. After losing her job as a Program Director on the campus of UMKC, she has no health insurance because she does not qualify for Medicaid.
After the US Supreme Court ruled it unconstitutional for the federal government to force states into expanding their Medicaid coverage, Missouri now has a choice of whether or not to expand Medicaid for people like Linda Spence.
The Federal government will pay 100 percent of the financial burden imposed by Medicaid expansion for the first three years, but starting after the initial grace period, Missouri would start to become responsible for some of the cost. Starting in 2017, Missouri would be responsible for five percent of the cost in 2017 and 10 percent starting in 2022, according to state officials and advocacy groups.
Spence said she takes advantage of a discount at Truman Hospital for people with lower incomes. She said not many people know about this discount, and people who want it must apply for it. Spence also said without this discount, she would have no way of obtaining any kind of regular health care. She also said that not having insurance can affect the quality of health care she is able to receive.
"If I were able to qualify for something like Medicaid, granted I would have to qualify for it, but at least I would know it was something a little bit more guaranteed. I might have access to other physicians other than going through Truman. Maybe I would be able to choose my own doctor, for example. Go to specialists of my choosing, instead of just specialist that are available," said Spence.
A major concern legislators have with expansion is that it could take away a lot of funding from other areas of the budget, namely education.
"When you're looking at increases of potentially 100 or 200 million dollars that you have to find because of expansion, there is only one place where there is a pot of money big enough to take that, and that is public education," said Senate Appropriations Chair Kurt Schaefer, R-Columbia.
Schaefer said that there is no way around public education funding taking a hit with the Medicaid expansion, and if the true cost, is too detrimental to education then he would not be in favor of expansion.
Sen. Rob Schaaf, R-St. Joseph, thinks Missouri would have to pull funds from a diverse group of areas to fund expansion.
"I know from my experience as a legislator, that anytime one program absorbs up a bunch of resources, they try to spread the pain around everywhere else. So it isn't just education, every other program would suffer," Schaaf said.
Schaaf said Missouri does not have an obligation to use tax dollars to give able-bodied adults health care.
"We already take care of kids, and we take care of the disabled, and we take care of the elderly. These people are able-bodied, and it would be wrong for us to give them free health care and put them on Medicaid, and expect other working adults to pay for them," Schaaf, a licensed physician,  said.
For a single parent with one child to receive Medicaid under the current coverage in Missouri, their annual income would need to be less than $2,809.00, according to the Missouri Foundation for Health. The new program, should it be implemented in Missouri, would allow anyone at 133 percent of the federal poverty line to receive Medicaid. That covers a higher percentage of the poverty line than is currently afforded to people

Lawmakers Send Concussion Awareness and Brain Injury Prevention Act to the Governor

Students athletes must sit out of play after suffering a concussion until a doctor signs off on their return thanks to an awareness and prevention initiative the General Assembly today approved and sent to the governor. Several state lawmakers and the National Football League (NFL) championed House Bill 300 that would create the “Interscholastic Youth Sports Brain Injury Prevention Act” to educate and protect student athletes from the risks of concussions and other brain injuries.

Senate Leader Robert N. Mayer, R-Dexter, handled the bill in the Senate where it passed by a vote of 33 to 1.

“Today, we know that some brain injuries are the result of young athletes continuing to play a sport after they have suffered a concussion,” said Mayer. “By educating them, their parents and coaches, we can better protect these students from life-altering brain injuries.”

“With up to 18 percent of all high school sports being contact sports and with up to 19 percent of all the athletes in those contact sports receiving a concussion (over 62,000 of them),” said the bill’s sponsor, Rep. Chuck Gatschenberger, R-Lake St. Louis. “I feel it is high time our coaches, athletes and parents know the symptoms of a concussion - when in doubt set them out.”

Under the bill, student athletes suspected of sustaining a concussion or brain injury must stop play for at least 24 hours and could not return without written permission from a medical professional trained in the evaluation and management of concussions. Plus, student athlete’s parents would be required to sign a concussion and brain injury information sheet prior to participation in any practice or competition.

The act also requires the Department of Health and Senior Services to work with school boards, the Missouri State High School Activities Association, and an organization that provides support services for brain injuries to implement educational information for youth athletes on the risks of concussions and other brain injuries. The department and organizations must develop guidelines, and forms to educate coaches, student athletes, and their parents or guardians on the nature and risks of concussions and other brain injuries by the end of the year. The materials they produce must include information on continuing to play after a concussion.

Sen. Rob Schaaf, R-St. Joseph, sponsored a similar bill in the Senate and said the sooner these common sense guidelines are put in place, the sooner we will reduce the number of brain injuries stemming from contact sports.

“Education is half the battle,” said Schaaf. “The more our student athletes, their parents and coaches know, the better decisions they will make when faced with the symptoms.”

The NFL is supportive of the awareness and prevention effort, helping champion similar legislation in at least ten other states this year.

“The league has strict return-to-play guidelines that apply to some of the best athletes in the world,” Kenneth Edmonds, Director of Government Relations and Public Policy for the NFL, told a Senate committee earlier this month. “We believe a similar approach is necessary when dealing with some of the youngest athletes. This legislation does that.”

Former linebacker for the World Champion St. Louis Rams and current Lincoln University Head Football Coach Mike Jones also testified in support of the bill earlier this month.

“We are learning today that returning to play with a sprained ankle or a swollen knee is one thing; returning to play before being fully recovered from a concussion or other head injury is a great deal more serious,” Jones said to senators at a hearing. “Young athletes and their parents need to be educated on the symptoms and dangers of concussions and should not be allowed to return without medical clearance. That is what this bill is about.”

If signed by the governor, the bill would take effect August 28.