If a pattern of delayed Investigations is due to involvement with law enforcement, the juvenile office or other professionals, local CD staff must meet with their multidisciplinary team members within their communities, to develop protocol to meet conclusion timeframes. Outside of the CFRP review, agencies may share reports consistent with their policies and other legal restraints. 5.3.1 Co-Investigation with Law Enforcement, 5.3.5 Investigations Involving Children Under the Age of Four, 5.3.6 School Liaison and Information Sharing, 5.3.7.1 Steps to Ensure Timely Conclusion, 5.3.7.2.1 Safety Re-Assurance in Delayed Investigations, 5.3.7.2.2 Significantly Delayed Preponderance of Evidence (POE) Investigations, 5.3.8.2 Unsubstantiated, Preventive Services Indicated (PSI) Conclusions, 5.3.8.3.1 The Legal Elements of Child Abuse/Neglect, 5.3.8.3.2 Reporter Description/Worker Finding Code Mapping, 5.3.8.4 Child Abuse/Neglect Present, Perpetrator Unidentified, 5.3.8.6 Child Abuse/Neglect Present, Perpetrator Deceased, 5.3.10 First Steps Referral on POE Determinations for Children Less Than Three, 5.3.11 Notifications for Investigation Dispositions, 5.3.11.2 Reporter Disposition Notification Letter (CS-21b), 5.3.12 Alleged Perpetrator Appeal Process, 5.3.12.1 Child Abuse and Neglect Review Board (CANRB), 5.3.15 Fatality, Near-Fatality, or Other Critical Event, 5.3.16 State Technical Assistance Team (STAT). The alleged perpetrator and/or their attorney decline to cooperate with the Investigation or provide information to the contrary. Child Protective Services CPS Home Concerned Citizen's Guide to Reporting Suspected Child Abuse and Maltreatment Child Protective Services Manual Child Protective Services FAQ Definitions of Child Abuse and Maltreatment Mandated Reporter Training SCR Online Clearance System Resources Signs of Child Abuse or Maltreatment Shaken Baby Syndrome Refer to Section 2, Chapter 5.3.12, Alleged Perpetrator Appeal Process for information regarding appeal rights of juvenile perpetrators. Staff shall provide such agency with a detailed description of the report received. Offenses occurring prior to July 1, 2021, the age of majority was 17. Section 210.145, RSMo., requires the superintendent of each school district to designate a public school district liaison, who will be considered a member of the multidisciplinary team (MDT). A proper panel review of a childs death requires a thorough examination of all relevant data, including historical information concerning the deceased child and his/her family. CPS should only remove children from their homes when it is necessary to protect them from abuse or neglect. Candice Norwood Breaking News Reporter Published April 20, 2023, 10:20 a.m. PT Share Your trusted source for contextualizing the news. The final report may be obtained at https://dss.mo.gov/re/cfrar.htm. including without limitation, indirect or consequential loss or damage arising from or in connection with use of the Google Translate Service. Pursuant to Section 210.146, RSMo., all Investigations involving children under the age of four must include either an examination of the child or a review of the childs case file and any photographs by a SAFE-CARE provider. A proper panel review of a childs death requires a thorough examination of all relevant data, including historical information concerning the deceased child and his/her family. Local/Regional/OHI Designee will upload a copy of the courts adjudication in FACES. App. CPS guidelines for child removal are matters of state law and internal regulation in the agency. Children's Division | Missouri Department of Social Services Reporting child abuse is everyone's responsibility If you suspect child abuse or neglect, call our toll-free hotline at 1-800-392-3738. Safety Planning and Removal of Children 20 Conclusion/Determination of Findings 20 Investigations 21 Sharing Information and Confidentiality Sharing Information with Reporters 23 . No information about the case or panel discussions should be disclosed outside of the panel. The prosecuting attorney in each county is charged by Section 210.192, RSMo. The alleged perpetrator may also choose to invite witnesses to provide evidence on their behalf; Witnesses who wish to provide evidence on behalf of the alleged victim, but who were not called as witnesses by either the Childrens Division or the alleged perpetrator. 3. The following should be considered when determining whether concluding an Investigation may be delayed: Staff must provide ongoing assurance of childrens safety and well-being, while collecting essential evidence when an Investigation remains beyond the initial forty-five (45) days. The referral form and information about how to make the referral can be found at: In an Investigation, staff should inform the alleged perpetrator they may receive the Investigation Disposition Notification Letter (CS-21) electronically at the conclusion of the report. FACES utilizes this mapping to generate the CS-21. Local/Regional/OHI Designee will upload a copy of the courts adjudication in OnBase. STATs involvement in Childrens Division cases is appropriate when deemed necessary; however, their involvement is not a substitute for Childrens Division. Neither the State of Missouri nor its employees accept liability for any inaccuracies or errors in the translation or liability for any loss, damage, or other problem, A CPS investigation must begin within 24 hours and usually includes: Face-to-face interviews with the alleged child victim (s), the child's caretaker (s), the alleged perpetrator (s). The purpose of the investigation/family assessment is to detect cases of actual or potential abuse or neglect and to help the family and the child. Missouri law requires that a CD Children's Service Worker initiate an investigation/family assessment within 24 hours of the receipt of the report, unless the incident relates to educational neglect only, in which case an investigation/family assessment must be initiated within 72 hours. NO COPIES OF COMPLETED CFRP DATABASE FORMS SHOULD BE MAINTAINED IN LOCAL COUNTY FILES. The central office Administrative Review Team will contact the Circuit Manager when an administrative review request is received in central office. When a law enforcement officer has reasonable cause to believe that a child is in imminent danger of suffering serious physical harm or a threat to life as a result of abuse or neglect and they have reasonable cause to believe the harm or threat to life may occur before a juvenile court could issue a temporary protective custody order or before a juvenile officer could take the child into protective custody, the law enforcement officer may take or retain protective custody of the child without the consent of the childs parents, guardian or others legally responsible for the childs care. If a child is removed by CPS without a hearing, an emergency hearing mustbe held by a court on the "first working day" after removal, but no more thanthree days after removal (Texas Family Code ("TFC") 262.106). A representative of the Childrens Division; A representative of the juvenile court; and. It is essential for staff to follow the evidence and interview or receive documentation from the people with first-hand knowledge or case specific, relevant expertise. Child Protective Services (CPS) is the first step to ensure the safety and permanency of children who are reported as being abused or neglected. Complete the CA/N report according to policy; If the report is unsubstantiated or agency responded-no concerns found,determine if harassment indicators are present; Contact CANHU and obtain a copy of the tape of the report, if necessary. You should not rely on Google Pursuant to 13 CSR 35-31.025, Pending criminal charges is defined as a criminal charge filed with the court by complaint, information, or indictment. Once received, the designated Child Abuse Resource Center will ensure the referral is evaluated within twenty-four (24) hours and will return the completed and signed form to the Childrens Division with one of the following recommendations: In accordance with best practices, staff should make every effort to facilitate the occurrence of medical exams or case file reviews in a manner that not only ensures a thorough and timely Investigation, but minimizes the need for multiple examinations, unnecessary delays, or undue hardship on families whenever possible. Pursuant to Section 210.145, RSMo., upon completion of the Investigation, if the Childrens Division suspects that the report was made maliciously or for the purpose of harassment, the Childrens Division shall refer the report and any evidence of malice or harassment to the local prosecuting or circuit attorney. Section 2, Chapter 5.2.3, Reporter Contact, Section 2, Chapter 3.3.1 Already Investigated CA/N Conclusions, Section 2, Chapter 5.4.3.4, Home Schooling, Section 2, Chapter 5.2.17 Inappropriate Report Conclusion, Section 2, Chapter 5.2.18 Out of State Reports, Section 2, Chapter 5.2.16 Unable to Locate, https://dese.mo.gov/early-learning/parent-education/first-steps/how-make-referral, Chapter 1 (Mandated Reporting Requirements), Chapter 2 (Child Abuse and Neglect Hotline Unit), Chapter 3 (County Protocol: Review and Assignment of Reports), Chapter 4 (Non-Child Abuse/Neglect Referrals), Chapter 5 (Child Abuse and Neglect Reports), Chapter 6 (Referrals to the Juvenile Court). If the Investigation involves a child fatality or near-fatality, it may remain open until the Divisions Investigation surrounding such death or near-fatal injury is completed; If the Investigation involves sexual abuse, it should be completed no later than one hundred twenty days (120); All other Investigations should be completed no later than ninety (90) days. Endangerment or exploitation of a child between the ages of three and eighteen. 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; 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. New CS-21s should be issued to all parties. PDF Disclosure of Confidential Child Abuse and Neglect Records If a previously determined conclusion of Preponderance of Evidence is overturned, the finding shall be entered in FACES and new CS-21s should be issued to all parties. * Note: To print the poster, your printer must be able to print an 11"x 17" document. All information presented at the CFRP panel meeting should be considered lead information that needs to be independently confirmed as true and factual before being included in any individual narratives report. Effective August 28, 2004, Missouri law requires all mandated reporters to identify themselves when making a report. We encourage mandated reporters to . To request an administrative review, the alleged perpetrator shall submit a written request for review within sixty (60) days of the date they received the CS-21 to dss.cd.adminreview@dss.mo.gov. Child Sexual Abuse/Assault Screening Protocol Flowchart. Alleged perpetrators may email requests for administrative reviews to: Within three (3) business days, complete the CANRB Hearing Referral (CD-307) and send, along with the alleged perpetrators administrative review request, to the administrative review mailbox provided above. If the child has already been seen by, or it is known the child will be referred to a local SAFE-CARE provider, staff do not need to complete the CD-231 and should follow local referral protocols. However, there are times in which the alleged perpetrator and the victim are deceased at the time of the call or the alleged perpetrator passes away during the investigation. Chapter 210.130 Oral Reports The spokesperson should confine public statements only to the fact that the panel met and that each panel member was charged to implement their own statutory mandates. Staff should refer all central registry disputes to dss.cd.adminreview@dss.mo.gov. In addition, some applications and/or services may not work as expected when translated. Sign up for our daily newsletter. The referral should be mailed within fifteen (15) calendar days of status determination. By selecting a language from the Google Translate menu, the user accepts the legal implications of any misinterpretations or differences in the translation. The Administrative Review Program Coordinator will update the Judicial Review Determination appeal screen in FACES and will update the Individual Conclusion screen to Court Adjudication. STAT does not investigate the F-Referral nor make any updates to FACES regarding these referrals. All children who are suspected victims of child sexual abuse should be offered a timely medical evaluation by a provider skilled in performing such evaluations. Some State of Missouri websites can be translated into many different languages using Google Translate, a third party service (the "Service") that provides automated computer For further information related to the SAFE-CARE network and how to locate a provider, please refer to Section 2, Chapter 5.3.4 SAFE-CARE Program. In CDJ v. DSS, 507 S.W.3d 605 (Mo. The Investigation has been completed under Sections 210.108-210.183 RSMo. Local/Regional/Out of Home Investigation (OHI) Designee should scan and e-mail a copy of the Courts ruling to the central office Administrative Review Program Coordinator. The Missouri Department of Health and Senior Services SAFE-CARE program provides child abuse/neglect training and consultation for Missouri medical providers and other child protection professionals. Pursuant to Section 210.152, RSMo., the Childrens Division is required to expunge all identifying information forty-five (45) days from the conclusion date of child abuse/neglect Investigations where the Division has determined the allegations are unsubstantiated and the report was made maliciously, for purposes of harassment, or in retaliation for the filing of a report by a mandated reporter. If the alleged perpetrator has requested that the CS-21 be sent to them electronically, staff will attach the CS-21 to the valid email address the alleged perpetrator provided. A POE finding shall predominantly be reserved for serious physical and/or sexual abuse findings. Initial contact to STAT may be made by telephone at 573-751-5980 with a subsequent request formalized in writing on the State Technical Assistance Team (STAT) Request for Assistance Form, which will either be E-mailed or faxed to the requesting personnel by STAT personnel. However, in those cases it is still expected for the Childrens Service Worker to complete the referral after reviewing the matter with their direct supervisor with final approval of the Regional Director or their designee. It is essential to provide a copy of the interview with the alleged perpetrator when it is completed by someone other than Division staff, rather than submitting it as a narrative entry summarizing the interview. Coroners and medical examiners are required to immediately evaluate the deaths of all children under the age of eighteen (18) who are eligible to receive a certificate of live birth to determine the necessity for a fatality review. The possible Investigation conclusions are: This Investigative conclusion is appropriate in the absence of sufficient evidence to determine that child abuse or neglect has occurred, and the family does not present significant risk factors or other indicators which pose a specific threat to the child. There are five elements of abuse derived from the legal definition: There are three elements of neglect derived from the legal definition: There are three elements of child sex trafficking derived from the legal definition: There are four elements of labor trafficking derived from the legal definition: There may be multiple abuse or neglect codes alleged within the same category of abuse or neglect. If new information becomes available that could potentially alter a preponderance of evidence (POE) finding, the Circuit Manager or their designee should review the CA/N report to determine whether sufficient evidence exists to continue to uphold the finding(s). and the Division has determined that (Alleged Victim Child) was the victim of (physical abuse, sexual abuse, or emotional abuse) but was unable to determine the identity of the alleged perpetrator. The county will be responsible for destroying the paper copies of that report 45 days from the date of the conclusion. There are no timeframes in which the request must be made; however, the request should be made as soon as possible after obtaining the new information. The F-Referral assists STAT in receiving notice of all non-CA/N related child fatalities in a timely manner to assist them in completing the Child Fatality Review Program annual report. Division staff are waiting for information which is not related to the elements of abuse or neglect. The school liaison is a valuable source of information and an active member of the MDT. Staff should ensure the parents/legal guardian receive a copy of the CS-21 as FACES does not generate a copy to them. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. If the Divisions finding is sustained (substantiated) the following steps must occur: If the Divisions finding is not sustained (overturned) the following steps must occur: If the agencys decision is reversed, the Regional Director/Designee or OHI Unit Manager shall review the case within ten (10) working days to determine whether or not they wish to appeal the finding of the court. This documentation should be completed within a supervisory consult contact entry. The CANRB liaison will also update FACES to reflect the determination of the review. When making a report, be sure to have the following information: You will also be asked to describe your concerns and for any other helpful information you can provide. Ensuring the safety of the child is the immediate concern. The Google Translate Service is offered as a convenience and is subject to applicable Google Terms of Service. From the Divisions perspective, the process is the same. The Notice of Outcome of Case Re-Opening Review (CD-254) should be sent to all parties, including the requestor. Physicians, advanced practice nurses, and physician assistants that have completed initial SAFE-CARE training may join the SAFE-CARE provider network, which is recognized by Missouri law as uniquely qualified to perform child abuse/neglect evaluations, pursuant to Section 334.950, RSMo. Division Staff should conclude the Investigation if any of the following apply: Division staff have acquired sufficient information to make a determination of CA/N without the missing information. Translate to provide an exact translation of the website. Do not focus on the individual finding code entered on the Individual Conclusion screen in FACES. Making contact with family members and alleged perpetrator(s) (Note: the Childrens Service Worker may cooperate with STAT and/or law enforcement as to who will conduct the interview with the alleged perpetrator or other parties); Reaching a conclusion and documenting the finding in FACES; and. This guidance manual is typically updated annually to reflect changes made in the law or best practices. Staff may have to add a more appropriate code under a different category to make the correct finding of abuse or neglect in FACES. When it is evident a child has been harmed, but it cannot determined who was responsible, staff should consider taking the following steps: The Investigation has been completed under Sections 210.108-210.183 RSMo. The methods of review are: Option #1Direct Judicial Review: The alleged perpetrator can choose to waive his or her right to the Administrative Review process and proceed directly to Judicial Review by filing a petition in Circuit Court within thirty (30) days of the date that he or she received the CS-21. A case review is a written record review or evaluation of previously gathered photographs, medical records, including, but not limited to, radiology and laboratory tests, medical chart documentation, and investigative information including, but not limited to, information provided by a multi-disciplinary team, Missouri Childrens Division, law enforcement, or juvenile authorities. Staff should make the professional aware in such matters; their oral communication will be documented in the Divisions written record as corroborating evidence to support the Divisions conclusion. It is strongly encouraged that Childrens Division have agreements and protocols in place with local law enforcement agencies that outline procedures to be followed when conducting co-investigations. Therefore, CFRP panel meetings are always closed to the public and cannot be lawfully conducted unless the public is excluded. The physical injury was not the result of spanking or other forms of discipline administered in a reasonable manner or the alleged victim child has been subjected to sex trafficking or severe forms of trafficking. If the alleged perpetrators representative or next of kin provides proof of the alleged perpetrators death, the central office Administrative Review Team will update FACES to reflect the conclusion of Child Abuse/Neglect Present, Perpetrator Deceased and cancel the CANRB hearing. Staff may speak to the juvenile about any CAN allegations where they are the victim without a juvenile officer present. Individuals are only entitled to the disposition of the allegations naming them as an alleged perpetrator and/or any allegation involving their child(ren). After a report of suspected abuse, neglect, or exploitation has been made to the Child Abuse and Neglect Hotline, the information is referred to the appropriate CD county office. Family Court Review (Volume 41, October Pursuant to Section 210.165, RSMo., intentional false reporting of child abuse or neglect to the hotline is a class A misdemeanor and if a person has a previous conviction for false reporting of CA/N, it is a class E felony. Approximately 44 States, the District of Columbia, American Samoa, and Guam have provisions in statute for the expunction of certain child abuse and neglect reports. Child Protective Services removed Mila Jackson from her home and placed her in foster care for 23 days after her parents chose their midwife's care over a hospital. Can the Division make a determination without the information? The CANRB will provide an independent review of child abuse and neglect determinations where the alleged perpetrator disagrees with the Divisions preliminary finding of child abuse or neglect by a POE. The Division often uses photographic, radiologic, or other forms of imagery as a form of evidence to establish the elements of child abuse or neglect. Staff should make certain the allegations are investigated thoroughly. The alleged perpetrator must choose one or the other avenue of review, but cannot choose both. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SERVICE. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of neglect perpetrated by (Alleged Perpetrator). Participants are expected to fully access all information related to the victim, victims family, and/or persons who may have been involved in the death (i.e., baby-sitters, relatives, or the caretakers of the child at the time of death) and the circumstances surrounding the death. PDF Review and Expunction of Central Registries and Reporting Records Judicial Review Sustains the Divisions Finding of Child Abuse or Neglect. This determination of sexual abuse by a preponderance of evidence was made after weighing all of the evidence and based upon the following: The Investigation has been completed under Sections 210.108-210.183 RSMo. Much of this information is protected from disclosure by law, especially medical and child abuse/neglect information. An investigation is a response to a report of child abuse or neglect when there is an identified need to collect physical and/or verbal evidence to determine if a child has been abused or neglected and to decide whether an individual should be listed in the Central Registry. The Corrupt Business of Child Protective Services Notify the alleged perpetrator, the Circuit Manager, and the victims parent/guardian/legal representative of the CANRB hearing date. Communication between the Childrens Division and the school liaison should be ongoing, when appropriate, to enhance services to the child and family. Being able to contact you later helps the Children's Division staff complete a more thoroughinvestigation. If the alleged perpetrator disagrees with the decision of the CANRB to uphold the Divisions finding of POE for child abuse or neglect, then they may seek de novo judicial review in the Circuit Court within sixty (60) days of notification of the CANRBs decision. accurate. It is generally inappropriate to make a Preponderance of Evidence finding on multiple parties who may have been responsible for the abuse or neglect incident. It is understood that a brief interview with the child by the Childrens Division investigator and/or law enforcement officer may be necessary for the following reasons: If additional/clarifying information or the safety of the child needs to be assessed by speaking directly to the child, a cursory interview will be conducted. While assessments may be re-opened under Section 210.152, RSMo., these situations should generally be handled by making a new hotline report. All CFRP meetings conducted, and all reports and records made and maintained by the CFRP, are. Staff should explain the rationale for recommending Preventive Services. Staff may also contact Missouri KidsFirst, at 573-632-4600, for help locating a provider. However, there are times in which the alleged perpetrator and the victim are deceased at the time of the call or the alleged perpetrator passes away during the investigation. You can remain anonymous when making a report, but we encourage you to consider identifying yourself. At the time of trial, the judge will hear all the evidence presented and enter a judgment of whether or not the alleged perpetrator abused or neglected the child. For more information, review the guidelines for mandated reporters. The following contains some tips for staff to consider prior to presenting the Divisions case before the CANRB: After receipt of the hearing decision, the CANRB liaison will promptly send a written notification to all parties. Staff should present the documented evidence and facts of the CA/N Investigation that established each of the necessary elements of child abuse or neglect, and how the Division determined by a preponderance of evidence that the person requesting the review actually perpetrated the act of child abuse or neglect. "Every time CPS seizes a child, it gets money from the federal . If the alleged perpetrator chooses to proceed, the Childrens Division POE finding(s) will remain in preliminary status pending appeal and the alleged perpetrator will not be placed on the central registry until the Child Abuse and Neglect Review Board (CANRB) upholds the preliminary finding(s). Supervisors and Circuit Managers should utilize electronically accessible administrative reports (e.g., Monthly Perform Reports) and/or FACES (e.g., Online Reports) to identify and address the timely completion of all CA/Ns assigned to staff under their supervision. Child with acute physical injuries not explained by accidental means; Witnessed abuse with or without physical injuries; Child making disclosures of physical abuse; Child in the same environment as a child who was seen for physical injuries (e.g.