ST. LOUIS - CNS International Ministries, a/k/a Heartland, filed a federal complaint on October 12 in the Eastern District of Missouri against Jennifer Tidball, in her individual capacity and official capacity as Acting Director of the Missouri Department of Social Services for violation of federal privacy laws, among other claims.
According to the complaint, Heartland seeks relief against the implementation and enforcement of portions of Missouri house bills 557 and 560 that took effect on July 14, 2021, and governs “License-Exempt Residential Care Facility's” or “LERCFs.”
Heartland is an LERCF as a few of its programs act as a boarding school and recovery center for girls and boys. Heartland alleges that HB 557 and 560 make requirements, employ procedures, and threaten penalties that are thoroughly contrary to clearly established law under the United States Constitution, and in some instances, they require Heartland to violate settled federal statutory requirements guaranteeing privacy to individuals in drug and alcohol recovery programs.
The new statutes state that LERCFs must list all information and provide background checks regarding people who are staff members and volunteers who are 18 years or older. Heartland alleges that this goes against federal privacy regulations for those seeking treatment and for those in the program who also work for other Heartland facilities that the program runs. The statutes also put new regulations on the removal of persons by the Department of Social Services.
U.S. District Court for the Eastern District of Missouri case number 2:21-cv-00065-RLW