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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