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Family Preservation Law

JEFFERSON CITY - Angel Hart was a five-year-old Kansas City resident who lived in an abusive household. Despite a history of long term abuse, a court ruled that Angel should continue living with her mother and her mother's boyfriend.

One day, Angel refused to recited the alphabet at the request of her mother's boyfriend. He killed her by drowning her in the bathtub.

Angel's tragedy prompted the Missouri General Assembly to pass legislation that gives courts more power to protect children from abusive homes.

The new child welfare policy encourages the legal system take into account the best interest of the child when making judgments in abuse or neglect cases.

This may mean removing the child from an abusive home and putting him or her into protective custody. Courts now have the authority to appoint a special advocate to represent the child when there are concerns about the child's safety.

"It is unfortunate a child had to die for the state to react," said Sarah Grim, executive director of the Missouri Child Care Association. "Missouri, as a rule, doesn't give the children's agenda priority. But this law is an important first step."

Previously, courts tried to keep families together despite evidence of abuse. This raised criticism of courts' priorities.

"Not everyone can be a 'Leave it to Beaver' family," Grim said. "The idea of family preservation -- that any family is better than no family if you provide enough state support and services -- doesn't take into consideration the best interest of the child."

The new children's protection law also:

* Prohibits courts from awarding custody or visitation privileges to a parent who has been convicted of sex offenses where the child was a victim.

* Requires the court to apply adult standards to child stalking.

* Allows the court to require the Missouri Family Services Division to conduct investigations and provide services in certain child protection cases.

* Requires the formation of an interim committee to study state statutes on child support and visitation rights.