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Section: 210.0145 Telephone hotline for reports on child abuse--division duties, protocols, law enforcement contacted immediately, investigation conducted, when, exception--chief investigator named--family support team meetings, who may attend--repor...


Published: 2015

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Missouri Revised Statutes













Chapter 210

Child Protection and Reformation

←210.140

Section 210.145.1

210.147→

August 28, 2015

Telephone hotline for reports on child abuse--division duties, protocols, law enforcement contacted immediately, investigation conducted, when, exception--chief investigator named--family support team meetings, who may attend--reporter's right to receive information--admissibility of reports in custody cases.

210.145. 1. The division shall develop protocols which give priority

to:



(1) Ensuring the well-being and safety of the child in instances

where child abuse or neglect has been alleged;



(2) Promoting the preservation and reunification of children and

families consistent with state and federal law;



(3) Providing due process for those accused of child abuse or

neglect; and



(4) Maintaining an information system operating at all times, capable

of receiving and maintaining reports. This information system shall have

the ability to receive reports over a single, statewide toll-free number.

Such information system shall maintain the results of all investigations,

family assessments and services, and other relevant information.



2. The division shall utilize structured decision-making protocols

for classification purposes of all child abuse and neglect reports. The

protocols developed by the division shall give priority to ensuring the

well-being and safety of the child. All child abuse and neglect reports

shall be initiated within twenty-four hours and shall be classified based

upon the reported risk and injury to the child. The division shall

promulgate rules regarding the structured decision-making protocols to be

utilized for all child abuse and neglect reports.



3. Upon receipt of a report, the division shall determine if the

report merits investigation, including reports which if true would

constitute a suspected violation of any of the following: 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 crimes under 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, 573.035, 573.037,

or 573.040, or an attempt to commit any such crimes. The division shall

immediately communicate all reports that merit investigation to its

appropriate local office and any relevant information as may be contained

in the information system. The local division staff shall determine,

through the use of protocols developed by the division, whether an

investigation or the family assessment and services approach should be used

to respond to the allegation. The protocols developed by the division

shall give priority to ensuring the well-being and safety of the child.



4. When the child abuse and neglect hotline receives three or more

calls, within a seventy-two hour period, from one or more individuals

concerning the same child, the division shall conduct a review to determine

whether the calls meet the criteria and statutory definition for a child

abuse and neglect report to be accepted. In conducting the review, the

division shall contact the hotline caller or callers in order to collect

information to determine whether the calls meet the criteria for

harassment.



5. The local office shall contact the appropriate law enforcement

agency immediately upon receipt of a report which division personnel

determine merits an investigation and provide such agency with a detailed

description of the report received. In such cases the local division

office shall request the assistance of the local law enforcement agency in

all aspects of the investigation of the complaint. The appropriate law

enforcement agency shall either assist the division in the investigation or

provide the division, within twenty-four hours, an explanation in writing

detailing the reasons why it is unable to assist.



6. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated in accordance with

the protocols established in subsection 2 of this section, except in cases

where the sole basis for the report is educational neglect. If the report

indicates that educational neglect is the only complaint and there is no

suspicion of other neglect or abuse, the investigation shall be initiated

within seventy-two hours of receipt of the report. If the report indicates

the child is in danger of serious physical harm or threat to life, an

investigation shall include direct observation of the subject child within

twenty-four hours of the receipt of the report. Local law enforcement

shall take all necessary steps to facilitate such direct observation.

Callers to the child abuse and neglect hotline shall be instructed by the

division's hotline to call 911 in instances where the child may be in

immediate danger. If the parents of the child are not the alleged

perpetrators, a parent of the child must be notified prior to the child

being interviewed by the division. No person responding to or

investigating a child abuse and neglect report shall call prior to a home

visit or leave any documentation of any attempted visit, such as business

cards, pamphlets, or other similar identifying information if he or she has

a reasonable basis to believe the following factors are present:



(1) (a) No person is present in the home at the time of the home

visit; and



(b) The alleged perpetrator resides in the home or the physical

safety of the child may be compromised if the alleged perpetrator becomes

aware of the attempted visit;



(2) The alleged perpetrator will be alerted regarding the attempted

visit; or



(3) The family has a history of domestic violence or fleeing the

community.





If the alleged perpetrator is present during a visit by the person

responding to or investigating the report, such person shall provide

written material to the alleged perpetrator informing him or her of his or

her rights regarding such visit, including but not limited to the right to

contact an attorney. The alleged perpetrator shall be given a reasonable

amount of time to read such written material or have such material read to

him or her by the case worker before the visit commences, but in no event

shall such time exceed five minutes; except that, such requirement to

provide written material and reasonable time to read such material shall

not apply in cases where the child faces an immediate threat or danger, or

the person responding to investigating the report is or feels threatened or

in danger of physical harm. If the abuse is alleged to have occurred in a

school or child care facility the division shall not meet with the child in

any school building or child-care facility building where abuse of such

child is alleged to have occurred. When the child is reported absent from

the residence, the location and the well-being of the child shall be

verified. For purposes of this subsection, child care facility shall have

the same meaning as such term is defined in section 210.201.



7. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding

the same subject child or perpetrator. The duties of a chief investigator

shall include verification of direct observation of the subject child by

the division and shall ensure information regarding the status of an

investigation is provided to the public school district liaison. The

public school district liaison shall develop protocol in conjunction with

the chief investigator to ensure information regarding an investigation is

shared with appropriate school personnel. The superintendent of each

school district shall designate a specific person or persons to act as the

public school district liaison. Should the subject child attend a

nonpublic school the chief investigator shall notify the school principal

of the investigation. Upon notification of an investigation, all

information received by the public school district liaison or the school

shall be subject to the provisions of the federal Family Educational Rights

and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34

C.F.R., Part 99.



8. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the

person responsible for the abuse or neglect; the names and conditions of

other children in the home, if any; the home environment and the

relationship of the subject child to the parents or other persons

responsible for the child's care; any indication of incidents of physical

violence against any other household or family member; and other pertinent

data.



9. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure

that full information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



10. Upon completion of the investigation, if the division suspects

that the report was made maliciously or for the purpose of harassment, the

division shall refer the report and any evidence of malice or harassment to

the local prosecuting or circuit attorney.



11. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective

or preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile

court, and other agencies, both public and private.



12. For all family support team meetings involving an alleged victim

of child abuse or neglect, the parents, legal counsel for the parents,

foster parents, the legal guardian or custodian of the child, the guardian

ad litem for the child, and the volunteer advocate for the child shall be

provided notice and be permitted to attend all such meetings. Family

members, other than alleged perpetrators, or other community informal or

formal service providers that provide significant support to the child and

other individuals may also be invited at the discretion of the parents of

the child. In addition, the parents, the legal counsel for the parents,

the legal guardian or custodian and the foster parents may request that

other individuals, other than alleged perpetrators, be permitted to attend

such team meetings. Once a person is provided notice of or attends such

team meetings, the division or the convenor of the meeting shall provide

such persons with notice of all such subsequent meetings involving the

child. Families may determine whether individuals invited at their

discretion shall continue to be invited.



13. If the appropriate local division personnel determine after an

investigation has begun that completing an investigation is not

appropriate, the division shall conduct a family assessment and services

approach. The division shall provide written notification to local law

enforcement prior to terminating any investigative process. The reason for

the termination of the investigative process shall be documented in the

record of the division and the written notification submitted to local law

enforcement. Such notification shall not preclude nor prevent any

investigation by law enforcement.



14. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk

and service needs shall be based on information gathered from the family

and other sources;



(2) Provide services which are voluntary and time-limited unless it

is determined by the division based on the assessment of risk that there

will be a high risk of abuse or neglect if the family refuses to accept the

services. The division shall identify services for families where it is

determined that the child is at high risk of future abuse or neglect. The

division shall thoroughly document in the record its attempt to provide

voluntary services and the reasons these services are important to reduce

the risk of future abuse or neglect to the child. If the family continues

to refuse voluntary services or the child needs to be protected, the

division may commence an investigation;



(3) Commence an immediate investigation if at any time during the

family assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required.

The division staff who have conducted the assessment may remain involved in

the provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the

family assessment and services approach, any service provided and the

removal of risk to the child, if it existed.



15. (1) Within forty-five days of an oral report of abuse or

neglect, the local office shall update the information in the information

system. The information system shall contain, at a minimum, the

determination made by the division as a result of the investigation,

identifying information on the subjects of the report, those responsible

for the care of the subject child and other relevant dispositional

information. The division shall complete all investigations within

forty-five days, unless good cause for the failure to complete the

investigation is specifically documented in the information system. Good

cause for failure to complete an investigation shall include, but not be

limited to:



(a) The necessity to obtain relevant reports of medical providers,

medical examiners, psychological testing, law enforcement agencies,

forensic testing, and analysis of relevant evidence by third parties which

has not been completed and provided to the division;



(b) The attorney general or the prosecuting or circuit attorney of

the city or county in which a criminal investigation is pending certifies

in writing to the division that there is a pending criminal investigation

of the incident under investigation by the division and the issuing of a

decision by the division will adversely impact the progress of the

investigation; or



(c) The child victim, the subject of the investigation or another

witness with information relevant to the investigation is unable or

temporarily unwilling to provide complete information within the specified

time frames due to illness, injury, unavailability, mental capacity, age,

developmental disability, or other cause.





The division shall document any such reasons for failure to complete the

investigation.



(2) If a child fatality or near-fatality is involved in a report of

abuse or neglect, the investigation shall remain open until the division's

investigation surrounding such death or near-fatal injury is completed.



(3) If the investigation is not completed within forty-five days, the

information system shall be updated at regular intervals and upon the

completion of the investigation, which shall be completed no later than

ninety days after receipt of a report of abuse or neglect, or one hundred *

twenty days after receipt of a report of abuse or neglect involving sexual

abuse, or until the division's investigation is complete in cases involving

a child fatality or near-fatality. The information in the information

system shall be updated to reflect any subsequent findings, including any

changes to the findings based on an administrative or judicial hearing on

the matter.



16. A person required to report under section 210.115 to the division

and any person making a report of child abuse or neglect made to the

division which is not made anonymously shall be informed by the division of

his or her right to obtain information concerning the disposition of his or

her report. Such person shall receive, from the local office, if

requested, information on the general disposition of his or her report.

Such person may receive, if requested, findings and information concerning

the case. Such release of information shall be at the discretion of the

director based upon a review of the reporter's ability to assist in

protecting the child or the potential harm to the child or other children

within the family. The local office shall respond to the request within

forty-five days. The findings shall be made available to the reporter

within five days of the outcome of the investigation. If the report is

determined to be unsubstantiated, the reporter may request that the report

be referred by the division to the office of child advocate for children's

protection and services established in sections 37.700 to 37.730. Upon

request by a reporter under this subsection, the division shall refer an

unsubstantiated report of child abuse or neglect to the office of child

advocate for children's protection and services.



17. The division shall provide to any individual who is not satisfied

with the results of an investigation information about the office of child

advocate and the services it may provide under sections 37.700 to 37.730.



18. In any judicial proceeding involving the custody of a child the

fact that a report may have been made pursuant to sections 210.109 to

210.183 shall not be admissible. However:



(1) Nothing in this subsection shall prohibit the introduction of

evidence from independent sources to support the allegations that may have

caused a report to have been made; and



(2) The court may on its own motion, or shall if requested by a party

to the proceeding, make an inquiry not on the record with the children's

division to determine if such a report has been made.





If a report has been made, the court may stay the custody proceeding until

the children's division completes its investigation.



19. In any judicial proceeding involving the custody of a child where

the court determines that the child is in need of services under paragraph

(d) of subdivision (1) of subsection 1 of section 211.031 and has taken

jurisdiction, the child's parent, guardian or custodian shall not be

entered into the registry.



20. The children's division is hereby granted the authority to

promulgate rules and regulations pursuant to the provisions of section

207.021 and chapter 536 to carry out the provisions of sections 210.109 to

210.183.



21. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in this section

shall become effective only if it complies with and is subject to all of

the provisions of chapter 536 and, if applicable, section 536.028. This

section and chapter 536 are nonseverable and if any of the powers vested

with the general assembly pursuant to chapter 536 to review, to delay the

effective date or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2000, shall be invalid and void.



(L. 1975 H.B. 578 § 8, A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et

al., A.L. 1986 S.B. 470, A.L. 1990 H.B. 1370, et al., A.L. 1993

S.B. 52, A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L. 2002

S.B. 923, et al., A.L. 2003 H.B. 613, A.L. 2004 H.B. 1453 merged

with S.B. 945 and S.B. 803 & 1257 merged with S.B. 968 and S.B.

969, A.L. 2007 S.B. 25, A.L. 2011 S.B. 54, A.L. 2012 H.B. 1323,

A.L. 2014 H.B. 1092 merged with S.B. 869)



*Word "and" appears here in original rolls.



(2005) Failure by state social workers to comply with mandatory

state-created procedures in section does not constitute a

procedural or substantive due process violation protected under

the Fourteenth Amendment. Forrester v. Bass, 397 F.3d 1047 (8th

Cir.).





2012

2011

2007

2004

2003

2002

2000



2012



210.145. 1. The division shall establish and maintain a

telephone service operating at all times, capable of receiving

reports made pursuant to sections 210.110 to 210.165. This

service shall receive reports over a single, statewide toll free

number.



2. The division shall maintain a central registry capable of

receiving and maintaining reports received pursuant to sections

210.110 to 210.165, in a manner that facilitates rapid access and

recall of the information reported, and of subsequent

investigations and other relevant information. From January 1,

1987, to January 1, 1988, the division shall electronically

record any telephone report received by the division pursuant to

sections 210.110 to 210.165. Such recorded reports shall be

retained by the division for a period of one year after

recording.



3. Although reports to the central registry may be made

anonymously, the division shall in all cases, after obtaining

relevant information regarding the alleged abuse or neglect,

attempt to obtain the name and address of any person making a

report pursuant to sections 210.110 to 210.165.



4. Upon receipt of a report pursuant to sections 210.110 to

210.165, the division shall immediately communicate such report

to its appropriate local office, communication to be by telephone

after a check has been made with the central registry to

determine whether previous reports have been made regarding

actual or suspected abuse or neglect of the subject child, of his

siblings, and the perpetrator, and relevant dispositional

information regarding such previous reports. Such relevant

information as may be contained in the central registry shall be

also reported to the local office of the division.



5. Upon receipt of a report pursuant to sections 210.110 to

210.165, which, if true, would constitute violation of section

568.060, RSMo, the local office shall contact the appropriate law

enforcement agency and provide such agency with a detailed

description of the report received. In such cases the local

division office shall request the assistance of the local law

enforcement agency in all aspects of the investigation of the

complaint. The local division office making such a request shall

within a reasonable time report in writing the following

information to the local prosecuting or circuit attorney:



(1) The name of the division employee who contacted the law

enforcement agency;



(2) The law enforcement agency contacted;



(3) The name of the officer or employee of the law

enforcement agency which was contacted;



(4) The time, date, and form of the request for assistance;



(5) A general description of the facts of the reported abuse

or neglect which were related to the law enforcement agency in

the request; and



(6) The response of the local law enforcement agency to the

request.

The report to the prosecuting or circuit attorney shall not

include the names of the complainant, the alleged perpetrator or

the suspected victim, but may contain nonidentifying information

regarding those persons. A copy of the report made to the

prosecuting or circuit attorney shall be sent to the state office

of the division. Such report shall be a public record available

for inspection upon reasonable request during regular business

hours.



6. The local office of the division shall cause a thorough

investigation to be initiated immediately or no later than within

twenty-four hours of receipt of the report from the division,

except in cases where the sole basis for the report is

educational neglect. If the report indicates that educational

neglect is the only complaint and there is no suspicion of other

neglect or abuse, the investigation shall be initiated within

seventy-two hours of receipt of the report. If the report

indicates the child is in danger of serious physical harm or

threat to life, an investigation shall include direct observation

of the subject child within twenty-four hours of the receipt of

the report. The investigation shall include but not be limited

to the nature, extent, and cause of the abuse or neglect; the

identity and age of the person responsible therefor; the names

and conditions of other children in the home, if any; the home

environment and the relationship of the subject child to the

parents or other persons responsible for his care; and other

pertinent data. When a report has been made by a person required

to report under section 210.115, the local office of the division

shall contact the person who made such report within forty-eight

hours of the receipt of the report in order to ensure that full

information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



7. Upon completion of the investigation if the local office

of the division suspects that the report made pursuant to

sections 210.110 to 210.165 was made maliciously or for the

purpose of harassment the local division office shall refer the

report and any evidence of malice or harassment to the local

prosecuting or circuit attorney.



8. Protective social services shall be provided by the local

office of the division to the subject child and to others in the

home to prevent further abuse or neglect, to safeguard their

health and welfare, and to help preserve and stabilize the family

whenever possible. The juvenile court shall cooperate with the

division in providing such services.



9. Multidisciplinary services shall be utilized whenever

possible in making the investigation and in providing protective

social services, including the services of the juvenile officer,

the juvenile court, and other agencies, both public and private.

The division shall cooperate with the highway patrol and juvenile

courts to develop training programs to increase the ability of

division personnel, juvenile officers and law enforcement

officers to investigate suspected cases of abuse and neglect.



10. As a result of its investigation, the local office of

the division shall report a child's injuries or disabilities from

abuse or neglect to the juvenile officer, and may make such

report to the appropriate law enforcement authority.



11. Within thirty days of an oral report of abuse or neglect

from the division, the local office shall file a written report

with the central registry on forms supplied by the division for

that purpose. The report shall contain the facts ascertained, a

description of the services offered and accepted, those

responsible for the care of the subject child, and other relevant

dispositional information. The written report shall be updated

at regular intervals for as long as the subject child or his

family, or both, are receiving services.



12. A person required to report under section 210.115 to the

division shall be informed by the division of his right to obtain

information concerning the disposition of his report. Such

person shall receive, from the local office, if requested,

information on the general disposition of his report. The local

office shall respond to the request within forty-five days.



13. In any judicial proceeding involving the custody of a

child the fact that a report may have been made pursuant to

sections 210.110 to 210.165 shall not be admissible. However,

nothing in this subsection shall prohibit the introduction of

evidence from independent sources to support the allegations that

may have caused a report to have been made.



14. The division shall promulgate rules and regulations

governing the operation of the central registry, except as

otherwise provided for in sections 210.110 to 210.165.



15. No rule or portion of a rule promulgated under the

authority of this chapter shall become effective until it has

been approved by the joint committee on administrative rules.

Upon filing any proposed rule with the secretary of state, the

department shall concurrently submit such proposed rule to the

committee which may hold hearings upon any proposed rule or

portion thereof at any time. In the event the committee

disapproves any proposed rule or portion thereof, the committee

shall notify the department and the secretary of state. If any

proposed rule or portion thereof is disapproved by the committee,

the secretary of state shall publish in the Missouri Register, as

soon as practicable, an order that such rule or portion thereof

has been disapproved.



16. The department shall not file any final order of

rulemaking with the secretary of state until twenty days after

such final order of rulemaking has been received by the

committee. The committee may hold one or more hearings upon such

final order of rulemaking during the twenty-day period. If the

committee neither approves nor disapproves any order of

rulemaking within the twenty-day period, the department may file

such order of rulemaking with the secretary of state and the

order of rulemaking shall be deemed approved, subject to

subsequent suspension by the committee. In the event the

committee disapproves any order of rulemaking or portion thereof,

the committee shall notify the department and the secretary of

state.



17. Any rule or portion of a rule promulgated under the

authority of this chapter may be suspended by the committee at

any time after a hearing conducted thereon. If any rule is

suspended by the committee, the secretary of state shall publish

in the Missouri Register, as soon as practicable, an order

withdrawing the rule.



18. Any person seeking judicial review of any such rule

shall be deemed to have exhausted all administrative review

procedures. Notwithstanding the provisions of section 1.140,

RSMo, the provisions of this section are nonseverable and the

grant of rulemaking authority is essentially dependent on the

review power vested with the committee. If the review power is

held unconstitutional or invalid, the grant of rulemaking

authority and any rule promulgated under such rulemaking

authority shall also be invalid or void.



2011



210.145. 1. The division shall establish and maintain a

telephone service operating at all times, capable of receiving

reports made pursuant to sections 210.110 to 210.165. This

service shall receive reports over a single, statewide toll free

number.



2. The division shall maintain a central registry capable of

receiving and maintaining reports received pursuant to sections

210.110 to 210.165, in a manner that facilitates rapid access and

recall of the information reported, and of subsequent

investigations and other relevant information. From January 1,

1987, to January 1, 1988, the division shall electronically

record any telephone report received by the division pursuant to

sections 210.110 to 210.165. Such recorded reports shall be

retained by the division for a period of one year after

recording.



3. Although reports to the central registry may be made

anonymously, the division shall in all cases, after obtaining

relevant information regarding the alleged abuse or neglect,

attempt to obtain the name and address of any person making a

report pursuant to sections 210.110 to 210.165.



4. Upon receipt of a report pursuant to sections 210.110 to

210.165, the division shall immediately communicate such report

to its appropriate local office, communication to be by telephone

after a check has been made with the central registry to

determine whether previous reports have been made regarding

actual or suspected abuse or neglect of the subject child, of his

siblings, and the perpetrator, and relevant dispositional

information regarding such previous reports. Such relevant

information as may be contained in the central registry shall be

also reported to the local office of the division.



5. Upon receipt of a report pursuant to sections 210.110 to

210.165, which, if true, would constitute violation of section

568.060, RSMo, the local office shall contact the appropriate law

enforcement agency and provide such agency with a detailed

description of the report received. In such cases the local

division office shall request the assistance of the local law

enforcement agency in all aspects of the investigation of the

complaint. The local division office making such a request shall

within a reasonable time report in writing the following

information to the local prosecuting or circuit attorney:



(1) The name of the division employee who contacted the law

enforcement agency;



(2) The law enforcement agency contacted;



(3) The name of the officer or employee of the law

enforcement agency which was contacted;



(4) The time, date, and form of the request for assistance;



(5) A general description of the facts of the reported abuse

or neglect which were related to the law enforcement agency in

the request; and



(6) The response of the local law enforcement agency to the

request.

The report to the prosecuting or circuit attorney shall not

include the names of the complainant, the alleged perpetrator or

the suspected victim, but may contain nonidentifying information

regarding those persons. A copy of the report made to the

prosecuting or circuit attorney shall be sent to the state office

of the division. Such report shall be a public record available

for inspection upon reasonable request during regular business

hours.



6. The local office of the division shall cause a thorough

investigation to be initiated immediately or no later than within

twenty-four hours of receipt of the report from the division,

except in cases where the sole basis for the report is

educational neglect. If the report indicates that educational

neglect is the only complaint and there is no suspicion of other

neglect or abuse, the investigation shall be initiated within

seventy-two hours of receipt of the report. If the report

indicates the child is in danger of serious physical harm or

threat to life, an investigation shall include direct observation

of the subject child within twenty-four hours of the receipt of

the report. The investigation shall include but not be limited

to the nature, extent, and cause of the abuse or neglect; the

identity and age of the person responsible therefor; the names

and conditions of other children in the home, if any; the home

environment and the relationship of the subject child to the

parents or other persons responsible for his care; and other

pertinent data. When a report has been made by a person required

to report under section 210.115, the local office of the division

shall contact the person who made such report within forty-eight

hours of the receipt of the report in order to ensure that full

information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



7. Upon completion of the investigation if the local office

of the division suspects that the report made pursuant to

sections 210.110 to 210.165 was made maliciously or for the

purpose of harassment the local division office shall refer the

report and any evidence of malice or harassment to the local

prosecuting or circuit attorney.



8. Protective social services shall be provided by the local

office of the division to the subject child and to others in the

home to prevent further abuse or neglect, to safeguard their

health and welfare, and to help preserve and stabilize the family

whenever possible. The juvenile court shall cooperate with the

division in providing such services.



9. Multidisciplinary services shall be utilized whenever

possible in making the investigation and in providing protective

social services, including the services of the juvenile officer,

the juvenile court, and other agencies, both public and private.

The division shall cooperate with the highway patrol and juvenile

courts to develop training programs to increase the ability of

division personnel, juvenile officers and law enforcement

officers to investigate suspected cases of abuse and neglect.



10. As a result of its investigation, the local office of

the division shall report a child's injuries or disabilities from

abuse or neglect to the juvenile officer, and may make such

report to the appropriate law enforcement authority.



11. Within thirty days of an oral report of abuse or neglect

from the division, the local office shall file a written report

with the central registry on forms supplied by the division for

that purpose. The report shall contain the facts ascertained, a

description of the services offered and accepted, those

responsible for the care of the subject child, and other relevant

dispositional information. The written report shall be updated

at regular intervals for as long as the subject child or his

family, or both, are receiving services.



12. A person required to report under section 210.115 to the

division shall be informed by the division of his right to obtain

information concerning the disposition of his report. Such

person shall receive, from the local office, if requested,

information on the general disposition of his report. The local

office shall respond to the request within forty-five days.



13. In any judicial proceeding involving the custody of a

child the fact that a report may have been made pursuant to

sections 210.110 to 210.165 shall not be admissible. However,

nothing in this subsection shall prohibit the introduction of

evidence from independent sources to support the allegations that

may have caused a report to have been made.



14. The division shall promulgate rules and regulations

governing the operation of the central registry, except as

otherwise provided for in sections 210.110 to 210.165.



15. No rule or portion of a rule promulgated under the

authority of this chapter shall become effective until it has

been approved by the joint committee on administrative rules.

Upon filing any proposed rule with the secretary of state, the

department shall concurrently submit such proposed rule to the

committee which may hold hearings upon any proposed rule or

portion thereof at any time. In the event the committee

disapproves any proposed rule or portion thereof, the committee

shall notify the department and the secretary of state. If any

proposed rule or portion thereof is disapproved by the committee,

the secretary of state shall publish in the Missouri Register, as

soon as practicable, an order that such rule or portion thereof

has been disapproved.



16. The department shall not file any final order of

rulemaking with the secretary of state until twenty days after

such final order of rulemaking has been received by the

committee. The committee may hold one or more hearings upon such

final order of rulemaking during the twenty-day period. If the

committee neither approves nor disapproves any order of

rulemaking within the twenty-day period, the department may file

such order of rulemaking with the secretary of state and the

order of rulemaking shall be deemed approved, subject to

subsequent suspension by the committee. In the event the

committee disapproves any order of rulemaking or portion thereof,

the committee shall notify the department and the secretary of

state.



17. Any rule or portion of a rule promulgated under the

authority of this chapter may be suspended by the committee at

any time after a hearing conducted thereon. If any rule is

suspended by the committee, the secretary of state shall publish

in the Missouri Register, as soon as practicable, an order

withdrawing the rule.



18. Any person seeking judicial review of any such rule

shall be deemed to have exhausted all administrative review

procedures. Notwithstanding the provisions of section 1.140,

RSMo, the provisions of this section are nonseverable and the

grant of rulemaking authority is essentially dependent on the

review power vested with the committee. If the review power is

held unconstitutional or invalid, the grant of rulemaking

authority and any rule promulgated under such rulemaking

authority shall also be invalid or void.



2007



210.145. 1. The division shall develop protocols which give priority to:



(1) Ensuring the well-being and safety of the child in instances where

child abuse or neglect has been alleged;



(2) Promoting the preservation and reunification of children and

families consistent with state and federal law;



(3) Providing due process for those accused of child abuse or neglect;

and



(4) Maintaining an information system operating at all times, capable of

receiving and maintaining reports. This information system shall have the

ability to receive reports over a single, statewide toll-free number. Such

information system shall maintain the results of all investigations, family

assessments and services, and other relevant information.



2. The division shall utilize structured decision-making protocols for

classification purposes of all child abuse and neglect reports. The

protocols developed by the division shall give priority to ensuring the

well-being and safety of the child. All child abuse and neglect reports shall

be initiated within twenty-four hours and shall be classified based upon the

reported risk and injury to the child. The division shall promulgate rules

regarding the structured decision-making protocols to be utilized for all

child abuse and neglect reports.



3. Upon receipt of a report, the division shall determine if the report

merits investigation, including reports which if true would constitute a

suspected violation of any of the following: 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 crimes under 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, 573.035, 573.037, or 573.040, or an attempt to

commit any such crimes. The division shall immediately communicate all

reports that merit investigation to its appropriate local office and any

relevant information as may be contained in the information system. The local

division staff shall determine, through the use of protocols developed by the

division, whether an investigation or the family assessment and services

approach should be used to respond to the allegation. The protocols

developed by the division shall give priority to ensuring the well-being and

safety of the child.



4. The local office shall contact the appropriate law enforcement agency

immediately upon receipt of a report which division personnel determine

merits an investigation and provide such agency with a detailed description

of the report received. In such cases the local division office shall request

the assistance of the local law enforcement agency in all aspects of the

investigation of the complaint. The appropriate law enforcement agency shall

either assist the division in the investigation or provide the division,

within twenty-four hours, an explanation in writing detailing the reasons why

it is unable to assist.



5. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated in accordance with

the protocols established in subsection 2 of this section, except in cases

where the sole basis for the report is educational neglect. If the report

indicates that educational neglect is the only complaint and there is no

suspicion of other neglect or abuse, the investigation shall be initiated

within seventy-two hours of receipt of the report. If the report indicates

the child is in danger of serious physical harm or threat to life, an

investigation shall include direct observation of the subject child within

twenty-four hours of the receipt of the report. Local law enforcement shall

take all necessary steps to facilitate such direct observation. If the

parents of the child are not the alleged abusers, a parent of the child must

be notified prior to the child being interviewed by the division. If the

abuse is alleged to have occurred in a school or child-care facility the

division shall not meet with the child in any school building or child-care

facility building where abuse of such child is alleged to have occurred. When

the child is reported absent from the residence, the location and the

well-being of the child shall be verified. For purposes of this subsection,

child-care facility shall have the same meaning as such term is defined in

section 210.201.



6. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding the

same subject child or perpetrator. The duties of a chief investigator shall

include verification of direct observation of the subject child by the

division and shall ensure information regarding the status of an

investigation is provided to the public school district liaison. The public

school district liaison shall develop protocol in conjunction with the chief

investigator to ensure information regarding an investigation is shared with

appropriate school personnel. The superintendent of each school district

shall designate a specific person or persons to act as the public school

district liaison. Should the subject child attend a nonpublic school the

chief investigator shall notify the school principal of the investigation.

Upon notification of an investigation, all information received by the public

school district liaison or the school shall be subject to the provisions of

the federal Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.,

Section 1232g, and federal rule 34 C.F.R., Part 99.



7. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the person

responsible for the abuse or neglect; the names and conditions of other

children in the home, if any; the home environment and the relationship of the

subject child to the parents or other persons responsible for the child's

care; any indication of incidents of physical violence against any other

household or family member; and other pertinent data.



8. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure that

full information has been received and to obtain any additional information or

medical records, or both, that may be pertinent.



9. Upon completion of the investigation, if the division suspects that

the report was made maliciously or for the purpose of harassment, the

division shall refer the report and any evidence of malice or harassment to

the local prosecuting or circuit attorney.



10. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective

or preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile court,

and other agencies, both public and private.



11. For all family support team meetings involving an alleged victim of

child abuse or neglect, the parents, legal counsel for the parents, foster

parents, the legal guardian or custodian of the child, the guardian ad litem

for the child, and the volunteer advocate for the child shall be provided

notice and be permitted to attend all such meetings. Family members, other

than alleged perpetrators, or other community informal or formal service

providers that provide significant support to the child and other individuals

may also be invited at the discretion of the parents of the child. In

addition, the parents, the legal counsel for the parents, the legal guardian

or custodian and the foster parents may request that other individuals, other

than alleged perpetrators, be permitted to attend such team meetings. Once a

person is provided notice of or attends such team meetings, the division or

the convenor of the meeting shall provide such persons with notice of all

such subsequent meetings involving the child. Families may determine whether

individuals invited at their discretion shall continue to be invited.



12. If the appropriate local division personnel determine after an

investigation has begun that completing an investigation is not appropriate,

the division shall conduct a family assessment and services approach. The

division shall provide written notification to local law enforcement prior to

terminating any investigative process. The reason for the termination of the

investigative process shall be documented in the record of the division and

the written notification submitted to local law enforcement. Such

notification shall not preclude nor prevent any investigation by law

enforcement.



13. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk and

service needs shall be based on information gathered from the family and

other sources;



(2) Provide services which are voluntary and time-limited unless it is

determined by the division based on the assessment of risk that there will be

a high risk of abuse or neglect if the family refuses to accept the services.

The division shall identify services for families where it is determined that

the child is at high risk of future abuse or neglect. The division shall

thoroughly document in the record its attempt to provide voluntary services

and the reasons these services are important to reduce the risk of future

abuse or neglect to the child. If the family continues to refuse voluntary

services or the child needs to be protected, the division may commence an

investigation;



(3) Commence an immediate investigation if at any time during the family

assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required.

The division staff who have conducted the assessment may remain involved in

the provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the family

assessment and services approach, any service provided and the removal of

risk to the child, if it existed.



14. Within thirty days of an oral report of abuse or neglect, the local

office shall update the information in the information system. The

information system shall contain, at a minimum, the determination made by the

division as a result of the investigation, identifying information on the

subjects of the report, those responsible for the care of the subject child

and other relevant dispositional information. The division shall complete

all investigations within thirty days, unless good cause for the failure to

complete the investigation is documented in the information system. If a

child involved in a pending investigation dies, the investigation shall

remain open until the division's investigation surrounding the death is

completed. If the investigation is not completed within thirty days, the

information system shall be updated at regular intervals and upon the

completion of the investigation. The information in the information system

shall be updated to reflect any subsequent findings, including any changes to

the findings based on an administrative or judicial hearing on the matter.



15. A person required to report under section 210.115 to the division

and any person making a report of child abuse or neglect made to the division

which is not made anonymously shall be informed by the division of his or her

right to obtain information concerning the disposition of his or her report.

Such person shall receive, from the local office, if requested, information

on the general disposition of his or her report. Such person may receive, if

requested, findings and information concerning the case. Such release of

information shall be at the discretion of the director based upon a review of

the reporter's ability to assist in protecting the child or the potential

harm to the child or other children within the family. The local office shall

respond to the request within forty-five days. The findings shall be made

available to the reporter within five days of the outcome of the

investigation. If the report is determined to be unsubstantiated, the

reporter may request that the report be referred by the division to the

office of child advocate for children's protection and services established in

sections 37.700 to 37.730. Upon request by a reporter under this subsection,

the division shall refer an unsubstantiated report of child abuse or neglect

to the office of child advocate for children's protection and services.



16. In any judicial proceeding involving the custody of a child the fact

that a report may have been made pursuant to sections 210.109 to 210.183

shall not be admissible. However:



(1) Nothing in this subsection shall prohibit the introduction of

evidence from independent sources to support the allegations that may have

caused a report to have been made; and



(2) The court may on its own motion, or shall if requested by a party to

the proceeding, make an inquiry not on the record with the children's

division to determine if such a report has been made. If a report has been

made, the court may stay the custody proceeding until the children's division

completes its investigation.



17. In any judicial proceeding involving the custody of a child where

the court determines that the child is in need of services pursuant to

subdivision (d) of subsection 1 of section 211.031 and has taken

jurisdiction, the child's parent, guardian or custodian shall not be entered

into the registry.



18. The children's division is hereby granted the authority to

promulgate rules and regulations pursuant to the provisions of section

207.021 and chapter 536 to carry out the provisions of sections 210.109 to

210.183.



19. Any rule or portion of a rule, as that term is defined in section

536.010, that is created under the authority delegated in this section shall

become effective only if it complies with and is subject to all of the

provisions of chapter 536 and, if applicable, section 536.028. This section

and chapter 536 are nonseverable and if any of the powers vested with the

general assembly pursuant to chapter 536 to review, to delay the effective

date or to disapprove and annul a rule are subsequently held

unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2000, shall be invalid and void.







2004



210.145. 1. The division shall develop protocols which give priority

to:



(1) Ensuring the well-being and safety of the child in instances where

child abuse or neglect has been alleged;



(2) Promoting the preservation and reunification of children and

families consistent with state and federal law;



(3) Providing due process for those accused of child abuse or neglect;

and



(4) Maintaining an information system operating at all times, capable of

receiving and maintaining reports. This information system shall have the

ability to receive reports over a single, statewide toll-free number. Such

information system shall maintain the results of all investigations, family

assessments and services, and other relevant information.



2. The division shall utilize structured decision-making protocols for

classification purposes of all child abuse and neglect reports. The protocols

developed by the division shall give priority to ensuring the well-being and

safety of the child. All child abuse and neglect reports shall be initiated

within twenty-four hours and shall be classified based upon the reported risk

and injury to the child. The division shall promulgate rules regarding the

structured decision-making protocols to be utilized for all child abuse and

neglect reports.



3. Upon receipt of a report, the division shall determine if the report

merits investigation, including reports which if true would constitute a

suspected violation of any of the following: 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 crimes under 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,

573.035, 573.037, or 573.040, RSMo, or an attempt to commit any such crimes.

The division shall immediately communicate all reports that merit

investigation to its appropriate local office and any relevant information as

may be contained in the information system. The local division staff shall

determine, through the use of protocols developed by the division, whether an

investigation or the family assessment and services approach should be used to

respond to the allegation. The protocols developed by the division shall give

priority to ensuring the well-being and safety of the child.



4. The local office shall contact the appropriate law enforcement agency

immediately upon receipt of a report which division personnel determine merits

an investigation and provide such agency with a detailed description of the

report received. In such cases the local division office shall request the

assistance of the local law enforcement agency in all aspects of the

investigation of the complaint. The appropriate law enforcement agency shall

either assist the division in the investigation or provide the division,

within twenty-four hours, an explanation in writing detailing the reasons why

it is unable to assist.



5. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated in accordance with the

protocols established in subsection 2 of this section, except in cases where

the sole basis for the report is educational neglect. If the report indicates

that educational neglect is the only complaint and there is no suspicion of

other neglect or abuse, the investigation shall be initiated within

seventy-two hours of receipt of the report. If the report indicates the child

is in danger of serious physical harm or threat to life, an investigation

shall include direct observation of the subject child within twenty-four hours

of the receipt of the report. Local law enforcement shall take all necessary

steps to facilitate such direct observation. If the parents of the child are

not the alleged abusers, a parent of the child must be notified prior to the

child being interviewed by the division. If the abuse is alleged to have

occurred in a school or child-care facility the division shall not meet with

the child in any school building or child-care facility building where abuse

of such child is alleged to have occurred. When the child is reported absent

from the residence, the location and the well-being of the child shall be

verified. For purposes of this subsection, "child-care facility" shall have

the same meaning as such term is defined in section 210.201.



6. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding the

same subject child or perpetrator. The duties of a chief investigator shall

include verification of direct observation of the subject child by the

division and shall ensure information regarding the status of an investigation

is provided to the public school district liaison. The public school district

liaison shall develop protocol in conjunction with the chief investigator to

ensure information regarding an investigation is shared with appropriate

school personnel. The superintendent of each school district shall designate

a specific person or persons to act as the public school district liaison.

Should the subject child attend a nonpublic school the chief investigator

shall notify the school principal of the investigation. Upon notification of

an investigation, all information received by the public school district

liaison or the school shall be subject to the provisions of the federal Family

Educational Rights and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and

federal rule 34 C.F.R., Part 99.



7. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the person

responsible for the abuse or neglect; the names and conditions of other

children in the home, if any; the home environment and the relationship of the

subject child to the parents or other persons responsible for the child's

care; any indication of incidents of physical violence against any other

household or family member; and other pertinent data.



8. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure that

full information has been received and to obtain any additional information or

medical records, or both, that may be pertinent.



9. Upon completion of the investigation, if the division suspects that

the report was made maliciously or for the purpose of harassment, the division

shall refer the report and any evidence of malice or harassment to the local

prosecuting or circuit attorney.



10. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective or

preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile court,

and other agencies, both public and private.



11. For all family support team meetings involving an alleged victim of

child abuse or neglect, the parents, legal counsel for the parents, foster

parents, the legal guardian or custodian of the child, the guardian ad litem

for the child, and the volunteer advocate for the child shall be provided

notice and be permitted to attend all such meetings. Family members, other

than alleged perpetrators, or other community informal or formal service

providers that provide significant support to the child and other individuals

may also be invited at the discretion of the parents of the child. In

addition, the parents, the legal counsel for the parents, the legal guardian

or custodian and the foster parents may request that other individuals, other

than alleged perpetrators, be permitted to attend such team meetings. Once a

person is provided notice of or attends such team meetings, the division or

the convenor of the meeting shall provide such persons with notice of all such

subsequent meetings involving the child. Families may determine whether

individuals invited at their discretion shall continue to be invited.



12. If the appropriate local division personnel determine after an

investigation has begun that completing an investigation is not appropriate,

the division shall conduct a family assessment and services approach. The

division shall provide written notification to local law enforcement prior to

terminating any investigative process. The reason for the termination of the

investigative process shall be documented in the record of the division and

the written notification submitted to local law enforcement. Such

notification shall not preclude nor prevent any investigation by law

enforcement.



13. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk and

service needs shall be based on information gathered from the family and other

sources;



(2) Provide services which are voluntary and time-limited unless it is

determined by the division based on the assessment of risk that there will be

a high risk of abuse or neglect if the family refuses to accept the services.

The division shall identify services for families where it is determined that

the child is at high risk of future abuse or neglect. The division shall

thoroughly document in the record its attempt to provide voluntary services

and the reasons these services are important to reduce the risk of future

abuse or neglect to the child. If the family continues to refuse voluntary

services or the child needs to be protected, the division may commence an

investigation;



(3) Commence an immediate investigation if at any time during the family

assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required. The

division staff who have conducted the assessment may remain involved in the

provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the family

assessment and services approach, any service provided and the removal of risk

to the child, if it existed.



14. Within thirty days of an oral report of abuse or neglect, the local

office shall update the information in the information system. The

information system shall contain, at a minimum, the determination made by the

division as a result of the investigation, identifying information on the

subjects of the report, those responsible for the care of the subject child

and other relevant dispositional information. The division shall complete all

investigations within thirty days, unless good cause for the failure to

complete the investigation is documented in the information system. If the

investigation is not completed within thirty days, the information system

shall be updated at regular intervals and upon the completion of the

investigation. The information in the information system shall be updated to

reflect any subsequent findings, including any changes to the findings based

on an administrative or judicial hearing on the matter.



15. A person required to report under section 210.115 to the division

and any person making a report of child abuse or neglect made to the division

which is not made anonymously shall be informed by the division of his or her

right to obtain information concerning the disposition of his or her report.

Such person shall receive, from the local office, if requested, information on

the general disposition of his or her report. Such person may receive, if

requested, findings and information concerning the case. Such release of

information shall be at the discretion of the director based upon a review of

the reporter's ability to assist in protecting the child or the potential harm

to the child or other children within the family. The local office shall

respond to the request within forty-five days. The findings shall be made

available to the reporter within five days of the outcome of the

investigation. If the report is determined to be unsubstantiated, the

reporter may request that the report be referred by the division to the office

of child advocate for children's protection and services established in

sections 37.700 to 37.730, RSMo. Upon request by a reporter under this

subsection, the division shall refer an unsubstantiated report of child abuse

or neglect to the office of child advocate for children's protection and

services.



16. In any judicial proceeding involving the custody of a child the fact

that a report may have been made pursuant to sections 210.109 to 210.183 shall

not be admissible. However:



(1) Nothing in this subsection shall prohibit the introduction of

evidence from independent sources to support the allegations that may have

caused a report to have been made; and



(2) The court may on its own motion, or shall if requested by a party to

the proceeding, make an inquiry not on the record with the children's division

to determine if such a report has been made. If a report has been made, the

court may stay the custody proceeding until the children's division completes

its investigation.



17. In any judicial proceeding involving the custody of a child where

the court determines that the child is in need of services pursuant to

subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken

jurisdiction, the child's parent, guardian or custodian shall not be entered

into the registry.



18. The children's division is hereby granted the authority to

promulgate rules and regulations pursuant to the provisions of section

207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of sections

210.109 to 210.183.



19. Any rule or portion of a rule, as that term is defined in section

536.010, RSMo, that is created under the authority delegated in this section

shall become effective only if it complies with and is subject to all of the

provisions of chapter 536, RSMo, and, if applicable, section 536.028, RSMo.

This section and chapter 536, RSMo, are nonseverable and if any of the powers

vested with the general assembly pursuant to chapter 536, RSMo, to review, to

delay the effective date or to disapprove and annul a rule are subsequently

held unconstitutional, then the grant of rulemaking authority and any rule

proposed or adopted after August 28, 2000, shall be invalid and void.



2003



210.145. 1. The division shall establish and maintain an information

system operating at all times, capable of receiving and maintaining

reports. This information system shall have the ability to receive reports

over a single, statewide toll-free number. Such information system shall

maintain the results of all investigations, family assessments and

services, and other relevant information.



2. Upon receipt of a report, the division shall immediately

communicate such report to its appropriate local office and any relevant

information as may be contained in the information system. The local

division staff shall determine, through the use of protocols developed by

the division, whether an investigation or the family assessment and

services approach should be used to respond to the allegation. The

protocols developed by the division shall give priority to ensuring the

well-being and safety of the child.



3. The local office shall contact the appropriate law enforcement

agency immediately upon receipt of a report which division personnel

determine merits an investigation, or, which, if true, would constitute a

suspected violation of any of the following: 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 under 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, 573.037 or 573.045, RSMo, or an attempt to commit any such crimes.

The local office shall provide such agency with a detailed description of

the report received. In such cases the local division office shall request

the assistance of the local law enforcement agency in all aspects of the

investigation of the complaint. The appropriate law enforcement agency

shall either assist the division in the investigation or provide the

division, within twenty-four hours, an explanation in writing detailing the

reasons why it is unable to assist.



4. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated immediately or no

later than within twenty-four hours of receipt of the report from the

division, except in cases where the sole basis for the report is

educational neglect. If the report indicates that educational neglect is

the only complaint and there is no suspicion of other neglect or abuse, the

investigation shall be initiated within seventy-two hours of receipt of the

report. If the report indicates the child is in danger of serious physical

harm or threat to life, an investigation shall include direct observation

of the subject child within twenty-four hours of the receipt of the report.

Local law enforcement shall take all necessary steps to facilitate such

direct observation. If the parents of the child are not the alleged

abusers, a parent of the child must be notified prior to the child being

interviewed by the division. The division shall not meet with the child at

the child's school or child-care facility. When the child is reported

absent from the residence, the location and the well-being of the child

shall be verified.



5. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding

the same subject child or perpetrator. The duties of a chief investigator

shall include verification of direct observation of the subject child by

the division and shall ensure information regarding the status of an

investigation is provided to the public school district liaison. The

public school district liaison shall develop protocol in conjunction with

the chief investigator to ensure information regarding an investigation is

shared with appropriate school personnel. The superintendent of each

school district shall designate a specific person or persons to act as the

public school district liaison. Should the subject child attend a

nonpublic school the chief investigator shall notify the school principal

of the investigation. Upon notification of an investigation, all

information received by the public school district liaison or the school

shall be subject to the provisions of the federal Family Educational Rights

and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34

C.F.R., Part 99.



6. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the

person responsible for the abuse or neglect; the names and conditions of

other children in the home, if any; the home environment and the

relationship of the subject child to the parents or other persons

responsible for the child's care; any indication of incidents of physical

violence against any other household or family member; and other pertinent

data.



7. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure

that full information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



8. Upon completion of the investigation, if the division suspects

that the report was made maliciously or for the purpose of harassment, the

division shall refer the report and any evidence of malice or harassment to

the local prosecuting or circuit attorney.



9. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective

or preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile

court, and other agencies, both public and private.



10. If the appropriate local division personnel determine after an

investigation has begun that completing an investigation is not

appropriate, the division shall conduct a family assessment and services

approach. The division shall provide written notification to local law

enforcement prior to terminating any investigative process. The reason for

the termination of the investigative process shall be documented in the

record of the division and the written notification submitted to local law

enforcement. Such notification shall not preclude nor prevent any

investigation by law enforcement.



11. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk

and service needs shall be based on information gathered from the family

and other sources;



(2) Provide services which are voluntary and time-limited unless it

is determined by the division based on the assessment of risk that there

will be a high risk of abuse or neglect if the family refuses to accept the

services. The division shall identify services for families where it is

determined that the child is at high risk of future abuse or neglect. The

division shall thoroughly document in the record its attempt to provide

voluntary services and the reasons these services are important to reduce

the risk of future abuse or neglect to the child. If the family continues

to refuse voluntary services or the child needs to be protected, the

division may commence an investigation;



(3) Commence an immediate investigation if at any time during the

family assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required.

The division staff who have conducted the assessment may remain involved in

the provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the

family assessment and services approach, any service provided and the

removal of risk to the child, if it existed.



12. Within thirty days of an oral report of abuse or neglect, the

local office shall update the information in the information system. The

information system shall contain, at a minimum, the determination made by

the division as a result of the investigation, identifying information on

the subjects of the report, those responsible for the care of the subject

child and other relevant dispositional information. The division shall

complete all investigations within thirty days, unless good cause for the

failure to complete the investigation is documented in the information

system. If the investigation is not completed within thirty days, the

information system shall be updated at regular intervals and upon the

completion of the investigation. The information in the information system

shall be updated to reflect any subsequent findings, including any changes

to the findings based on an administrative or judicial hearing on the

matter.



13. A person required to report under section 210.115 to the division

shall be informed by the division of his right to obtain information

concerning the disposition of his or her report. Such person shall

receive, from the local office, if requested, information on the general

disposition of his or her report. A person required to report to the

division pursuant to section 210.115 may receive, if requested, findings

and information concerning the case. Such release of information shall be

at the discretion of the director based upon a review of the mandated

reporter's ability to assist in protecting the child or the potential harm

to the child or other children within the family. The local office shall

respond to the request within forty-five days. The findings shall be made

available to the mandated reporter within five days of the outcome of the

investigation.



14. In any judicial proceeding involving the custody of a child the

fact that a report may have been made pursuant to sections 210.109 to

210.183 shall not be admissible. However, nothing in this subsection shall

prohibit the introduction of evidence from independent sources to support

the allegations that may have caused a report to have been made.



15. In any judicial proceeding involving the custody of a child where

the court determines that the child is in need of services pursuant to

subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken

jurisdiction, the child's parent, guardian or custodian shall not be

entered into the registry.



16. The division of family services is hereby granted the authority

to promulgate rules and regulations pursuant to the provisions of section

207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of

sections 210.109 to 210.183.



17. Any rule or portion of a rule, as that term is defined in section

536.010, RSMo, that is created under the authority delegated in this

section shall become effective only if it complies with and is subject to

all of the provisions of chapter 536, RSMo, and, if applicable, section

536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if

any of the powers vested with the general assembly pursuant to chapter 536,

RSMo, to review, to delay the effective date or to disapprove and annul a

rule are subsequently held unconstitutional, then the grant of rulemaking

authority and any rule proposed or adopted after August 28, 2000, shall be

invalid and void.



2002



210.145. 1. The division shall establish and maintain an information

system operating at all times, capable of receiving and maintaining

reports. This information system shall have the ability to receive reports

over a single, statewide toll-free number. Such information system shall

maintain the results of all investigations, family assessments and

services, and other relevant information.



2. Upon receipt of a report, the division shall immediately

communicate such report to its appropriate local office and any relevant

information as may be contained in the information system. The local

division staff shall determine, through the use of protocols developed by

the division, whether an investigation or the family assessment and

services approach should be used to respond to the allegation. The

protocols developed by the division shall give priority to ensuring the

well-being and safety of the child.



3. The local office shall contact the appropriate law enforcement

agency immediately upon receipt of a report which division personnel

determine merits an investigation, or, which, if true, would constitute a

suspected violation of any of the following: 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 under 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, 573.037 or 573.045, RSMo, or an attempt to commit any such crimes.

The local office shall provide such agency with a detailed description of

the report received. In such cases the local division office shall request

the assistance of the local law enforcement agency in all aspects of the

investigation of the complaint. The appropriate law enforcement agency

shall either assist the division in the investigation or provide the

division, within twenty-four hours, an explanation in writing detailing the

reasons why it is unable to assist.



4. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated immediately or no

later than within twenty-four hours of receipt of the report from the

division, except in cases where the sole basis for the report is

educational neglect. If the report indicates that educational neglect is

the only complaint and there is no suspicion of other neglect or abuse, the

investigation shall be initiated within seventy-two hours of receipt of the

report. If the report indicates the child is in danger of serious physical

harm or threat to life, an investigation shall include direct observation

of the subject child within twenty-four hours of the receipt of the report.

Local law enforcement shall take all necessary steps to facilitate such

direct observation. If the parents of the child are not the alleged

abusers, the parents of the child must be notified prior to the child being

interviewed by the division. The division shall not meet with the child in

any location where abuse of such child is alleged to have occurred. When

the child is reported absent from the residence, the location and the

well-being of the child shall be verified.



5. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding

the same subject child or perpetrator. The duties of a chief investigator

shall include verification of direct observation of the subject child by

the division and shall ensure information regarding the status of an

investigation is provided to the public school district liaison. The

public school district liaison shall develop protocol in conjunction with

the chief investigator to ensure information regarding an investigation is

shared with appropriate school personnel. The superintendent of each

school district shall designate a specific person or persons to act as the

public school district liaison. Should the subject child attend a

nonpublic school the chief investigator shall notify the school principal

of the investigation. Upon notification of an investigation, all

information received by the public school district liaison or the school

shall be subject to the provisions of the federal Family Educational Rights

and Privacy Act (FERPA), 20 U.S.C., Section 1232g, and federal rule 34

C.F.R., Part 99.



6. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the

person responsible for the abuse or neglect; the names and conditions of

other children in the home, if any; the home environment and the

relationship of the subject child to the parents or other persons

responsible for the child's care; any indication of incidents of physical

violence against any other household or family member; and other pertinent

data.



7. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure

that full information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



8. Upon completion of the investigation, if the division suspects

that the report was made maliciously or for the purpose of harassment, the

division shall refer the report and any evidence of malice or harassment to

the local prosecuting or circuit attorney.



9. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective

or preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile

court, and other agencies, both public and private.



10. If the appropriate local division personnel determine after an

investigation has begun that completing an investigation is not

appropriate, the division shall conduct a family assessment and services

approach. The division shall provide written notification to local law

enforcement prior to terminating any investigative process. The reason for

the termination of the investigative process shall be documented in the

record of the division and the written notification submitted to local law

enforcement. Such notification shall not preclude nor prevent any

investigation by law enforcement.



11. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk

and service needs shall be based on information gathered from the family

and other sources;



(2) Provide services which are voluntary and time-limited unless it

is determined by the division based on the assessment of risk that there

will be a high risk of abuse or neglect if the family refuses to accept the

services. The division shall identify services for families where it is

determined that the child is at high risk of future abuse or neglect. The

division shall thoroughly document in the record its attempt to provide

voluntary services and the reasons these services are important to reduce

the risk of future abuse or neglect to the child. If the family continues

to refuse voluntary services or the child needs to be protected, the

division may commence an investigation;



(3) Commence an immediate investigation if at any time during the

family assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required.

The division staff who have conducted the assessment may remain involved in

the provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the

family assessment and services approach, any service provided and the

removal of risk to the child, if it existed.



12. Within thirty days of an oral report of abuse or neglect, the

local office shall update the information in the information system. The

information system shall contain, at a minimum, the determination made by

the division as a result of the investigation, identifying information on

the subjects of the report, those responsible for the care of the subject

child and other relevant dispositional information. The division shall

complete all investigations within thirty days, unless good cause for the

failure to complete the investigation is documented in the information

system. If the investigation is not completed within thirty days, the

information system shall be updated at regular intervals and upon the

completion of the investigation. The information in the information system

shall be updated to reflect any subsequent findings, including any changes

to the findings based on an administrative or judicial hearing on the

matter.



13. A person required to report under section 210.115 to the division

shall be informed by the division of his right to obtain information

concerning the disposition of his or her report. Such person shall

receive, from the local office, if requested, information on the general

disposition of his or her report. A person required to report to the

division pursuant to section 210.115 may receive, if requested, findings

and information concerning the case. Such release of information shall be

at the discretion of the director based upon a review of the mandated

reporter's ability to assist in protecting the child or the potential harm

to the child or other children within the family. The local office shall

respond to the request within forty-five days. The findings shall be made

available to the mandated reporter within five days of the outcome of the

investigation.



14. In any judicial proceeding involving the custody of a child the

fact that a report may have been made pursuant to sections 210.109 to

210.183 shall not be admissible. However, nothing in this subsection shall

prohibit the introduction of evidence from independent sources to support

the allegations that may have caused a report to have been made.



15. In any judicial proceeding involving the custody of a child where

the court determines that the child is in need of services pursuant to

subdivision (d) of subsection 1 of section 211.031, RSMo, and has taken

jurisdiction, the child's parent, guardian or custodian shall not be

entered into the registry.



16. The division of family services is hereby granted the authority

to promulgate rules and regulations pursuant to the provisions of section

207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of

sections 210.109 to 210.183.



17. Any rule or portion of a rule, as that term is defined in section

536.010, RSMo, that is created under the authority delegated in this

section shall become effective only if it complies with and is subject to

all of the provisions of chapter 536, RSMo, and, if applicable, section

536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if

any of the powers vested with the general assembly pursuant to chapter 536,

RSMo, to review, to delay the effective date or to disapprove and annul a

rule are subsequently held unconstitutional, then the grant of rulemaking

authority and any rule proposed or adopted after August 28, 2000, shall be

invalid and void.



2000



210.145. 1. The division shall establish and maintain an information

system operating at all times, capable of receiving and maintaining

reports. This information system shall have the ability to receive reports

over a single, statewide toll-free number. Such information system shall

maintain the results of all investigations, family assessments and

services, and other relevant information.



2. Upon receipt of a report, the division shall immediately

communicate such report to its appropriate local office and any relevant

information as may be contained in the information system. The local

division staff shall determine, through the use of protocols developed by

the division, whether an investigation or the family assessment and

services approach should be used to respond to the allegation. The

protocols developed by the division shall give priority to ensuring the

well-being and safety of the child.



3. The local office shall contact the appropriate law enforcement

agency immediately upon receipt of a report which division personnel

determine* merits an investigation, or, which, if true, would constitute a

suspected violation of any of the following: 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 under 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, 573.037 or 573.045, RSMo, or an attempt to commit any such crimes.

The local office shall provide such agency with a detailed description of

the report received. In such cases the local division office shall request

the assistance of the local law enforcement agency in all aspects of the

investigation of the complaint. The appropriate law enforcement agency

shall either assist the division in the investigation or provide the

division, within twenty-four hours, an explanation in writing detailing the

reasons why it is unable to assist.



4. The local office of the division shall cause an investigation or

family assessment and services approach to be initiated immediately or no

later than within twenty-four hours of receipt of the report from the

division, except in cases where the sole basis for the report is

educational neglect. If the report indicates that educational neglect is

the only complaint and there is no suspicion of other neglect or abuse, the

investigation shall be initiated within seventy-two hours of receipt of the

report. If the report indicates the child is in danger of serious physical

harm or threat to life, an investigation shall include direct observation

of the subject child within twenty-four hours of the receipt of the report.

Local law enforcement shall take all necessary steps to facilitate such

direct observation. When the child is reported absent from the residence,

the location and the well-being of the child shall be verified.



5. The director of the division shall name at least one chief

investigator for each local division office, who shall direct the division

response on any case involving a second or subsequent incident regarding

the same subject child or perpetrator. The duties of a chief investigator

shall include verification of direct observation of the subject child by

the division and shall ensure information regarding the status of an

investigation is provided to the public school district liaison. The

public school district liaison shall develop protocol in conjunction with

the chief investigator to ensure information regarding an investigation is

shared with appropriate school personnel. The public school district

liaison shall be designated by the superintendent of each school district.

Should the subject child attend a nonpublic school the chief investigator

shall notify the school principal of the investigation.



6. The investigation shall include but not be limited to the nature,

extent, and cause of the abuse or neglect; the identity and age of the

person responsible for the abuse or neglect; the names and conditions of

other children in the home, if any; the home environment and the

relationship of the subject child to the parents or other persons

responsible for the child's care; any indication of incidents of physical

violence against any other household or family member; and other pertinent

data.



7. When a report has been made by a person required to report under

section 210.115, the division shall contact the person who made such report

within forty-eight hours of the receipt of the report in order to ensure

that full information has been received and to obtain any additional

information or medical records, or both, that may be pertinent.



8. Upon completion of the investigation, if the division suspects

that the report was made maliciously or for the purpose of harassment, the

division shall refer the report and any evidence of malice or harassment to

the local prosecuting or circuit attorney.



9. Multidisciplinary teams shall be used whenever conducting the

investigation as determined by the division in conjunction with local law

enforcement. Multidisciplinary teams shall be used in providing protective

or preventive social services, including the services of law enforcement, a

liaison of the local public school, the juvenile officer, the juvenile

court, and other agencies, both public and private.



10. If the appropriate local division personnel determine* after an

investigation has begun that completing an investigation is not

appropriate, the division shall conduct a family assessment and services

approach. The division shall provide written notification to local law

enforcement prior to terminating any investigative process. The reason for

the termination of the investigative process shall be documented in the

record of the division and the written notification submitted to local law

enforcement. Such notification shall not preclude nor prevent** any

investigation by law enforcement.



11. If the appropriate local division personnel determines to use a

family assessment and services approach, the division shall:



(1) Assess any service needs of the family. The assessment of risk

and service needs shall be based on information gathered from the family

and other sources;



(2) Provide services which are voluntary and time-limited unless it

is determined by the division based on the assessment of risk that there

will be a high risk of abuse or neglect if the family refuses to accept the

services. The division shall identify services for families where it is

determined that the child is at high risk of future abuse or neglect. The

division shall thoroughly document in the record its attempt to provide

voluntary services and the reasons these services are important to reduce

the risk of future abuse or neglect to the child. If the family continues

to refuse voluntary services or the child needs to be protected, the

division may commence an investigation;



(3) Commence an immediate investigation if at any time during the

family assessment and services approach the division determines that an

investigation, as delineated in sections 210.109 to 210.183, is required.

The division staff who have conducted the assessment may remain involved in

the provision of services to the child and family;



(4) Document at the time the case is closed, the outcome of the

family assessment and services approach, any service provided and the

removal of risk to the child, if it existed.



12. Within thirty days of an oral report of abuse or neglect, the

local office shall update the information in the information system. The

information system shall contain, at a minimum, the determination made by

the division as a result of the investigation, identifying information on

the subjects of the report, those responsible for the care of the subject

child and other relevant dispositional information. The division shall

complete all investigations within thirty days, unless good cause for the

failure to complete the investigation is documented in the information

system. If the investigation is not completed within thirty days, the

information system shall be updated at regular intervals and upon the

completion of the investigation. The information in the information system

shall be updated to reflect any subsequent findings, including any changes

to the findings based on an administrative or judicial hearing on the

matter.



13. A person required to report under section 210.115 to the division

shall be informed by the division of his right to obtain information

concerning the disposition of his or her report. Such person shall

receive, from the local office, if requested, information on the general

disposition of his or her report. A person required to report to the

division pursuant to section 210.115 may receive, if requested, findings

and information concerning the case. Such release of information shall be

at the discretion of the director based upon a review of the mandated

reporter's ability to assist in protecting the child or the potential harm

to the child or other children within the family. The local office shall

respond to the request within forty-five days. The findings shall be made

available to the mandated reporter within five days of the outcome of the

investigation.



14. In any judicial proceeding involving the custody of a child the

fact that a report may have been made pursuant to sections 210.109 to

210.183 shall not be admissible. However, nothing in this subsection shall

prohibit the introduction of evidence from independent sources to support

the allegations that may have caused a report to have been made.



15. The division of family services is hereby granted the authority

to promulgate rules and regulations pursuant to the provisions of section

207.021, RSMo, and chapter 536, RSMo, to carry out the provisions of

sections 210.109 to 210.183.



16. Any rule or portion of a rule, as that term is defined in section

536.010, RSMo, that is created under the authority delegated in this

section shall become effective only if it complies with and is subject to

all of the provisions of chapter 536, RSMo, and, if applicable, section

536.028, RSMo. This section and chapter 536, RSMo, are nonseverable and if

any of the powers vested with the general assembly pursuant to chapter 536,

RSMo, to review, to delay the effective date or to disapprove and annul a

rule are subsequently held unconstitutional, then the grant of rulemaking

authority and any rule proposed or adopted after August 28, 2000, shall be

invalid and void.



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