Missouri Revised Statutes
Chapter 210
Child Protection and Reformation
←210.109
Section 210.110.1
210.111→
August 28, 2015
Definitions.
210.110. As used in sections 210.109 to 210.165, and sections 210.180 to
210.183, the following terms mean:
(1) "Abuse", any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by those responsible for
the child's care, custody, and control, except that discipline including
spanking, administered in a reasonable manner, shall not be construed to be
abuse;
(2) "Assessment and treatment services for children under ten years
old", an approach to be developed by the children's division which will
recognize and treat the specific needs of at-risk and abused or neglected
children under the age of ten. The developmental and medical assessment may
be a broad physical, developmental, and mental health screening to be
completed within thirty days of a child's entry into custody and every six
months thereafter as long as the child remains in care. Screenings may be
offered at a centralized location and include, at a minimum, the following:
(a) Complete physical to be performed by a pediatrician familiar with
the effects of abuse and neglect on young children;
(b) Developmental, behavioral, and emotional screening in addition to
early periodic screening, diagnosis, and treatment services, including a core
set of standardized and recognized instruments as well as interviews with the
child and appropriate caregivers. The screening battery may be performed by a
licensed mental health professional familiar with the effects of abuse and
neglect on young children, who will then serve as the liaison between all
service providers in ensuring that needed services are provided. Such
treatment services may include in-home services, out-of-home placement,
intensive twenty-four-hour treatment services, family counseling, parenting
training and other best practices.
Children whose screenings indicate an area of concern may complete a
comprehensive, in-depth health, psychodiagnostic, or developmental assessment
within sixty days of entry into custody;
(3) "Central registry", a registry of persons where the division has
found probable cause to believe prior to August 28, 2004, or by a
preponderance of the evidence after August 28, 2004, or a court has
substantiated through court adjudication that the individual has committed
child abuse or neglect or the person has pled guilty or has been found guilty
of a crime pursuant to section 565.020, 565.021, 565.023, 565.024 or 565.050
if the victim is a child less than eighteen years of age, section 566.030 or
566.060 if the victim is a child less than eighteen years of age, or other
crime pursuant to chapter 566 if the victim is a child less than eighteen
years of age and the perpetrator is twenty-one years of age or older, section
567.050 if the victim is a child less than eighteen years of age, section
568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, section
573.025 or 573.035, or an attempt to commit any such crimes. Any persons
placed on the registry prior to August 28, 2004, shall remain on the registry
for the duration of time required by section 210.152;
(4) "Child", any person, regardless of physical or mental condition,
under eighteen years of age;
(5) "Children's services providers and agencies", any public,
quasi-public, or private entity with the appropriate and relevant training
and expertise in delivering services to children and their families as
determined by the children's division, and capable of providing direct
services and other family services for children in the custody of the
children's division or any such entities or agencies that are receiving state
moneys for such services;
(6) "Director", the director of the Missouri children's division within
the department of social services;
(7) "Division", the Missouri children's division within the department
of social services;
(8) "Family assessment and services", an approach to be developed by the
children's division which will provide for a prompt assessment of a child who
has been reported to the division as a victim of abuse or neglect by a person
responsible for that child's care, custody or control and of that child's
family, including risk of abuse and neglect and, if necessary, the provision
of community-based services to reduce the risk and support the family;
(9) "Family support team meeting" or "team meeting", a meeting convened
by the division or children's services provider in behalf of the family
and/or child for the purpose of determining service and treatment needs,
determining the need for placement and developing a plan for reunification or
other permanency options, determining the appropriate placement of the child,
evaluating case progress, and establishing and revising the case plan;
(10) "Investigation", the collection of physical and verbal evidence to
determine if a child has been abused or neglected;
(11) "Jail or detention center personnel", employees and volunteers
working in any premises or institution where incarceration, evaluation, care,
treatment or rehabilitation is provided to persons who are being held under
custody of the law;
(12) "Neglect", failure to provide, by those responsible for the care,
custody, and control of the child, the proper or necessary support, education
as required by law, nutrition or medical, surgical, or any other care
necessary for the child's well-being;
(13) "Preponderance of the evidence", that degree of evidence that is of
greater weight or more convincing than the evidence which is offered in
opposition to it or evidence which as a whole shows the fact to be proved to
be more probable than not;
(14) "Probable cause", available facts when viewed in the light of
surrounding circumstances which would cause a reasonable person to believe a
child was abused or neglected;
(15) "Report", the communication of an allegation of child abuse or
neglect to the division pursuant to section 210.115;
(16) "Those responsible for the care, custody, and control of the child",
those included but not limited to the parents or guardian of a child, other
members of the child's household, or those exercising supervision over a child
for any part of a twenty-four-hour day. Those responsible for the care,
custody and control shall also include any adult who, based on relationship
to the parents of the child, members of the child's household or the family,
has access to the child.
(L. 1975 H.B. 578 § 1, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B.
366, et al., A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L. 2004
H.B. 1453, A.L. 2005 H.B. 568)
(2007) Provisions of this section requiring inclusion in the central
registry before a finding of abuse or neglect by a preponderance
of the evidence by the child Abuse and Neglect Review Board
violate due process, and are invalid. Jamison v. State, 218
S.W.3d 399 (Mo.banc).
2004
2000
2004
210.110. As used in sections 210.109 to 210.165, and sections 210.180
to 210.183, the following terms mean:
(1) "Abuse", any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by those responsible
for the child's care, custody, and control, except that discipline
including spanking, administered in a reasonable manner, shall not be
construed to be abuse;
(2) "Central registry", a registry of persons where the division has
found probable cause to believe prior to August 28, 2004, or by a
preponderance of the evidence after August 28, 2004, or a court has
substantiated through court adjudication that the individual has committed
child abuse or neglect or the person has pled guilty or has been found
guilty of a crime pursuant to section 565.020, 565.021, 565.023, 565.024 or
565.050, RSMo, if the victim is a child less than eighteen years of age,
section 566.030 or 566.060, RSMo, if the victim is a child less than
eighteen years of age, or other crime pursuant to chapter 566, RSMo, if the
victim is a child less than eighteen years of age and the perpetrator is
twenty-one years of age or older, section 567.050, RSMo, if the victim is a
child less than eighteen years of age, section 568.020, 568.030, 568.045,
568.050, 568.060, 568.080, or 568.090, RSMo, section 573.025 or 573.035,
RSMo, or an attempt to commit any such crimes. Any persons placed on the
registry prior to August 28, 2004, shall remain on the registry for the
duration of time required by section 210.152;
(3) "Child", any person, regardless of physical or mental condition,
under eighteen years of age;
(4) "Children's services providers and agencies", any public, quasi-
public, or private entity with the appropriate and relevant training and
expertise in delivering services to children and their families as
determined by the children's division, and capable of providing direct
services and other family services for children in the custody of the
children's division or any such entities or agencies that are receiving
state moneys for such services;
(5) "Director", the director of the Missouri children's division
within the department of social services;
(6) "Division", the Missouri children's division within the
department of social services;
(7) "Family assessment and services", an approach to be developed by
the children's division which will provide for a prompt assessment of a
child who has been reported to the division as a victim of abuse or neglect
by a person responsible for that child's care, custody or control and of
that child's family, including risk of abuse and neglect and, if necessary,
the provision of community-based services to reduce the risk and support
the family;
(8) "Family support team meeting" or "team meeting", a meeting
convened by the division or children's services provider in behalf of the
family and/or child for the purpose of determining service and treatment
needs, determining the need for placement and developing a plan for
reunification or other permanency options, determining the appropriate
placement of the child, evaluating case progress, and establishing and
revising the case plan;
(9) "Investigation", the collection of physical and verbal evidence
to determine if a child has been abused or neglected;
(10) "Jail or detention center personnel", employees and volunteers
working in any premises or institution where incarceration, evaluation,
care, treatment or rehabilitation is provided to persons who are being held
under custody of the law;
(11) "Neglect", failure to provide, by those responsible for the
care, custody, and control of the child, the proper or necessary support,
education as required by law, nutrition or medical, surgical, or any other
care necessary for the child's well-being;
(12) "Preponderance of the evidence", that degree of evidence that is
of greater weight or more convincing than the evidence which is offered in
opposition to it or evidence which as a whole shows the fact to be proved
to be more probable than not;
(13) "Probable cause", available facts when viewed in the light of
surrounding circumstances which would cause a reasonable person to believe
a child was abused or neglected;
(14) "Report", the communication of an allegation of child abuse or
neglect to the division pursuant to section 210.115;
(15) "Those responsible for the care, custody, and control of the
child", those included but not limited to the parents or guardian of a
child, other members of the child's household, or those exercising
supervision over a child for any part of a twenty-four-hour day. Those
responsible for the care, custody and control shall also include any adult
who, based on relationship to the parents of the child, members of the
child's household or the family, has access to the child.
2000
210.110. As used in sections 210.109 to 210.165, and sections 210.180
to 210.183, the following terms mean:
(1) "Abuse", any physical injury, sexual abuse, or emotional abuse
inflicted on a child other than by accidental means by those responsible
for the child's care, custody, and control, except that discipline
including spanking, administered in a reasonable manner, shall not be
construed to be abuse;
(2) "Central registry", a registry of persons where the division has
found probable cause to believe or a court has substantiated through court
adjudication that the individual has committed child abuse or neglect or
the person has pled guilty or has been found guilty of a crime pursuant to
section 565.020, 565.021, 565.023, 565.024 or 565.050, RSMo, if the victim
is a child less than eighteen years of age, section 566.030 or 566.060,
RSMo, if the victim is a child less than eighteen years of age, or other
crime pursuant to chapter 566, RSMo, if the victim is a child less than
eighteen years of age and the perpetrator is twenty-one years of age or
older, section 567.050, RSMo, if the victim is a child less than eighteen
years of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080,
or 568.090, RSMo, section 573.025 or 573.035, RSMo, or an attempt to commit
any such crimes;
(3) "Child", any person, regardless of physical or mental condition,
under eighteen years of age;
(4) "Director", the director of the Missouri division of family
services;
(5) "Division", the Missouri division of family services;
(6) "Family assessment and services", an approach to be developed by
the division of family services which will provide for a prompt assessment
of a child who has been reported to the division as a victim of abuse or
neglect by a person responsible for that child's care, custody or control
and of that child's family, including risk of abuse and neglect and, if
necessary, the provision of community-based services to reduce the risk and
support the family;
(7) "Investigation", the collection of physical and verbal evidence
to determine if a child has been abused or neglected;
(8) "Jail or detention center personnel", employees and volunteers
working in any premises or institution where incarceration, evaluation,
care, treatment or rehabilitation is provided to persons who are being held
under custody of the law;
(9) "Neglect", failure to provide, by those responsible for the care,
custody, and control of the child, the proper or necessary support,
education as required by law, nutrition or medical, surgical, or any other
care necessary for the child's well-being;
(10) "Probable cause", available facts when viewed in the light of
surrounding circumstances which would cause a reasonable person to believe
a child was abused or neglected;
(11) "Report", the communication of an allegation of child abuse or
neglect to the division pursuant to section 210.115;
(12) "Those responsible for the care, custody, and control of the
child", those included but not limited to the parents or guardian of a
child, other members of the child's household, or those exercising
supervision over a child for any part of a twenty-four-hour day. Those
responsible for the care, custody and control shall also include any adult
who, based on relationship to the parents of the child, members of the
child's household or the family, has access to the child.
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