Missouri Revised Statutes
Chapter 210
Child Protection and Reformation
←210.152
Section 210.153.1
210.155→
August 28, 2015
Child abuse and neglect review board, established, members, duties, records, rules.
210.153. 1. There is hereby created in the department of social services
the "Child Abuse and Neglect Review Board", which shall provide an
independent review of child abuse and neglect determinations in instances in
which the alleged perpetrator is aggrieved by the decision of the children's
division. The division may establish more than one board to assure timely
review of the determination.
2. The board shall consist of nine members, who shall be appointed by the
governor with the advice and consent of the senate, and shall include:
(1) A physician, nurse or other medical professional;
(2) A licensed child or family psychologist, counselor or social worker;
(3) An attorney who has acted as a guardian ad litem or other attorney
who has represented a subject of a child abuse and neglect report;
(4) A representative from law enforcement or a juvenile office.
3. Other members of the board may be selected from:
(1) A person from another profession or field who has an interest in
child abuse or neglect;
(2) A college or university professor or elementary or secondary teacher;
(3) A child advocate;
(4) A parent, foster parent or grandparent.
4. The following persons may participate in a child abuse and neglect
review board review:
(1) Appropriate children's division staff and legal counsel for the
department;
(2) The alleged perpetrator, who may be represented pro se or be
represented by legal counsel. The alleged perpetrator's presence is not
required for the review to be conducted. The alleged perpetrator may submit
a written statement for the board's consideration in lieu of personal
appearance; and
(3) Witnesses providing information on behalf of the child, the alleged
perpetrator or the department. Witnesses shall only be allowed to attend
that portion of the review in which they are presenting information.
5. The members of the board shall serve without compensation, but shall
receive reimbursement for reasonable and necessary expenses actually incurred
in the performance of their duties.
6. All records and information compiled, obtained, prepared or maintained
by the child abuse and neglect review board in the course of any review shall
be confidential information.
7. The department shall promulgate rules and regulations governing the
operation of the child abuse and neglect review board except as otherwise
provided for in this section. These rules and regulations shall, at a
minimum, describe the length of terms, the selection of the chairperson,
confidentiality, notification of parties and time frames for the completion
of the review.
8. Findings of probable cause to suspect prior to August 28, 2004, or
findings by a preponderance of the evidence after August 28, 2004, of child
abuse and neglect by the division which are substantiated by court
adjudication shall not be heard by the child abuse and neglect review board.
(L. 1994 S.B. 595, A.L. 2004 H.B. 1453)
1994
1994
210.153. 1. There is hereby created in the department of
social services the "Child Abuse and Neglect Review Board", which
shall provide an independent review of child abuse and neglect
determinations in instances in which the alleged perpetrator is
aggrieved by the decision of the division of family services.
The division may establish more than one board to assure timely
review of the determination.
2. The board shall consist of nine members, who shall be
appointed by the governor with the advice and consent of the
senate, and shall include:
(1) A physician, nurse or other medical professional;
(2) A licensed child or family psychologist, counselor or
social worker;
(3) An attorney who has acted as a guardian ad litem or
other attorney who has represented a subject of a child abuse and
neglect report;
(4) A representative from law enforcement or a juvenile
office.
3. Other members of the board may be selected from:
(1) A person from another profession or field who has an
interest in child abuse or neglect;
(2) A college or university professor or elementary or
secondary teacher;
(3) A child advocate;
(4) A parent, foster parent or grandparent.
4. The following persons may participate in a child abuse
and neglect review board review:
(1) Appropriate division of family services staff and legal
counsel for the department;
(2) The alleged perpetrator, who may be represented pro se
or be represented by legal counsel. The alleged perpetrator's
presence is not required for the review to be conducted. The
alleged perpetrator may submit a written statement for the
board's consideration in lieu of personal appearance; and
(3) Witnesses providing information on behalf of the child,
the alleged perpetrator or the department. Witnesses shall only
be allowed to attend that portion of the review in which they are
presenting information.
5. The members of the board shall serve without
compensation, but shall receive reimbursement for reasonable and
necessary expenses actually incurred in the performance of their
duties.
6. All records and information compiled, obtained, prepared
or maintained by the child abuse and neglect review board in the
course of any review shall be confidential information.
7. The department shall promulgate rules and regulations
governing the operation of the child abuse and neglect review
board except as otherwise provided for in this section. These
rules and regulations shall, at a minimum, describe the length of
terms, the selection of the chairperson, confidentiality,
notification of parties and time frames for the completion of the
review.
8. Findings of probable cause to suspect child abuse and
neglect by the division which are substantiated by court
adjudication shall not be heard by the child abuse and neglect
review board.
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