"Every time CPS seizes a child, it gets money from the federal . individual's system. Identification of the alleged perpetrator(s); The health and safety of the child. 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. 800-392-3738, School Violence TDD/TTY: 800-735-2966, Relay Missouri: 711, Support Investigating Crimes Against Children, Make an Online Payment to Claims & Restitution, Child Care Provider Business Information Solution, Information for Residential Care Facilities & Child Placing Agencies, Online Invoicing for Residential Treatment & Children's Treatment Services, Resources for Professionals & Stakeholders, Other State's Child Abuse Reporting Numbers. If the certified letter is returned as undeliverable, staff must re-send the CS-21 to the alleged perpetrator through regular mail. 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 content of State of Missouri websites originate in English. TDD/TTY: 800-735-2966, Relay Missouri: 711, Support Investigating Crimes Against Children, Make an Online Payment to Claims & Restitution, Child Care Provider Business Information Solution, Information for Residential Care Facilities & Child Placing Agencies, Online Invoicing for Residential Treatment & Children's Treatment Services, Resources for Professionals & Stakeholders, FAQ about Child Abuse and Neglect Investigations, FAQ about Child Abuse and Neglect Fatality and Near-Fatality, Child Abuse and Neglect Hotline Overview, Missouri Child Abuse & Neglect Annual Report, Missouri Children's Division Monthly Report. Staff should use the following templates when writing conclusion summaries: The Investigation has been completed under Sections 210.108-210.183 RSMo. 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. The local county in which the fatality occurs will receive a courtesy copy of the F-Referral. 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. Failure to observe this procedure may violate CD regulations, as well as confidentiality statutes that contain penalties. All children between the ages of one week and one year, who die in a sudden and unexplained manner, are to be autopsied by a certified child death pathologist. Section 660.520, RSMo., further defines multi-disciplinary teams (MDT) to include a prosecutor, or his or her representative, an investigator from the childrens division, a physician, a representative from a mental health care services agency and a representative of the police agency of primary jurisdiction. Unsubstantiated-preventive services indicated; Child Abuse/Neglect Present, Perpetrator Unidentified; Child Abuse/Neglect Present, Perpetrator Deceased, Staff must gather all relevant evidence that supports or undermines the finding; and, Staff must objectively review all of the evidence that is in favor of or contrary to the finding; and, Staff must objectively consider and balance the evidence in favor of or contrary to the finding; and. 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. The roles and responsibilities of law enforcement include: Once a case is reported and assigned, law enforcement and the Childrens Division should collaborate regarding the investigatory first steps prior to meeting with the family. The central office Administrative Review Team will review the case, make any necessary DLS referrals, and determine the appropriate response to the dispute. While most child victims of sexual abuse/assault do not require emergency medical evaluations, reasons for emergency medical examinations include, but are not limited to: Staff may refer to the Child Sexual Abuse/Assault Screening Protocol Flowchart for further guidance. The alleged perpetrator used force, fraud, or coercion. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of neglect perpetrated by (Alleged Perpetrator). This means that in order to establish a finding of child abuse or neglect by a POE: Failure to apply the POE standard of proof may be a violation of the constitutional rights of the person who is accused of child abuse and/or neglect. including without limitation, indirect or consequential loss or damage arising from or in connection with use of the Google Translate Service. 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. Chapter 210.115 Child Abuse and Neglect Reports. 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. 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. Staff should move forward with weighing all of the available evidence to reach a preliminary finding. As an example, if there were allegations that children were locked in a bedroom with a lock on the outside of the door, the CANRB will want to know if a working lock was observed on the outside of the door. Workers and Supervisors must document, in FACES, the good cause reason for a delayed conclusion on or before day forty-five (45) of the Investigation. Co-investigation can also enhance the quality of evidence collected. Pursuant to Section 210.145, RSMo., staff shall contact the appropriate law enforcement agency immediately upon receipt of any investigation to begin co-investigation. The Childrens Division shall request the assistance of the appropriate law enforcement agency in all aspects of the Investigation. The CFRP panel and its members are advocates for the health and welfare of every child in their community, including the reasonable preservation of privacy for the child and family members. The court finds by a preponderance of the evidence that a party is responsible for child abuse or neglect, as those terms are defined in section 210.110. If recommended for re-opening, the Childrens Division county office that completed the initial Investigation will have thirty (30) days from receipt of the CD-253 to complete the case re-opening review process and make a determination. If the requestor was not a party to the case, the Notice of Outcome of Case Re-Opening Review (CD-254) should be used to notify the requestor of the outcome. Staff may speak to the juvenile about any CAN allegations where they are the victim without a juvenile officer present. Staff must therefore ensure that copies of the notices are made and in the file. Staff must send the Investigation Disposition Letter (CS-21) to parents, non-custodial parents (when address is known), alleged perpetrators, and Guardians ad Litem (including Court Appointed Special Advocate) within fifteen (15) calendar days of status determination. This means they don't want the child to be separated from their parents unless it's absolutely necessary. This includes reports where a juvenile perpetrator may have perpetrated abuse and/or neglect toward their biological child or another child. 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. The alleged victim child was under the age of 18 at the time of reported incident; The alleged perpetrator was responsible for care, custody, and control of the alleged victim child at the time of the incident; There was a physical injury, sexual abuse, and/or emotional abuse to the alleged victim child which was caused by the alleged perpetrator; The alleged victim childs injury was caused by other than accidental means; and. The original copy is mailed to the local First Steps Agency, a copy is sent to the custodial parent (and/or a copy sent to the foster/relative/kinship provider if applicable), and a copy is retained in the Investigative record. When requests for administrative reviews are received at the county office, they should be scanned and emailed to [email protected] following the procedures above. Staff should complete the Authorization for Forensic Examination by Requesting Agency section of these forms and possibly the Consent for Forensic Examination section if the child is in the custody of the Childrens Division at the time of the examination. When a family alleges that a child has major behavioral problems at home, the CANRB finds it helpful to know if this same or similar behavior is seen by the school or other professionals involved with the child or family, and their perception of the child. To place a case in delayed conclusion, staff and supervisors must deem the missing information so critical to the Investigation the Division cannot make a determination without it (e.g., critical medical report of injuries to a victim child, laboratory results, etc.). 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. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. Staff utilizing SAFE-CARE providers for SAFE, CARE, or case reviews may be asked by the SAFE-CARE providers to sign either the Sexual Assault Forensic Examination (SAFE) Program Report DPS claims form or the Child Physical Abuse Forensic Examination DPS claims form. Staff may have to add a more appropriate code under a different category to make the correct finding of abuse or neglect in FACES. This chapter focuses on Missouri Revised Statute Chapter 210 regarding child abuse and neglect, CAN. No medical/forensic evaluation required based on the information provided in the referral; Medical examination by a general practitioner; Medical examination by a SAFE-CARE provider; Medical examination by a board certified child abuse pediatrician; or, For further information related to the SAFE-CARE network and how to locate a provider, please refer to, 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). The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. There are circumstances where the service does not translate correctly and/or where translations may not be possible, such Serious physical abuse can include excessive bruises or welts, broken bones, burns, internal injuries, loss of consciousness, etc., that requires medical care. 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). Finding POE on a juvenile perpetrator should be reserved for relatively egregious incidents, considering that placement on the Central Registry is permanent. The cursory interview will be neutral and objective. However, it is the overall finding for the category that is to be summarized in the conclusion summary. 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. In addition, staff should state why the abuse or neglect concern was unsubstantiated by explaining how at least one (1) of the legal elements of abuse or neglect was not met by a POE. If the courts findings substantiate the Divisions determination of child abuse and/or neglect and proper due notice has occurred, the Divisions finding will be Court Adjudicated. Division staff have sufficient information to conclude the hotline as unsubstantiated, even with the addition of missing information, such as when division staff are waiting for information which is not related to the elements of abuse or neglect. However, the Childrens Division can often provide services and assistance that can help families prevent abuse or help the family in crisis. If the child disclosed abuse to a mandated reporter, and there are no unmet safety concerns, there is no need for Childrens Division and/or law enforcement to interview the child with respect to the facts of the incident. Ensuring the safety of the child is the immediate concern. The Central Registry houses the names of perpetrators of abuse and/or neglect from a Probable Cause, Preponderance of Evidence, or Court Adjudicated hotline that is in Final Determination status. Pursuant to Section 210.145, RSMo., multidisciplinary teams shall be used whenever conducting the Investigation as determined by the division in conjunction with local law enforcement. Refer to Section 2, Chapter 5.2.3, Reporter Contact for further information. No information about the case or panel discussions should be disclosed outside of the panel. 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.. Our team will be available to help 24 hours a day, 7 days a week. In the case of child removal in California, CPS first receives a report or referral from someone concerned about the welfare of children in a home. The alleged perpetrator has the choice to appear in person and/or by a lawyer or other representative, he/she may request that the case be reviewed on the record without appearance or may submit a written statement in lieu of personal appearance. 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. The CANRB can allow additional time to any of the parties as needed. By selecting a language from the Google Translate menu, the user accepts the legal implications of any misinterpretations or differences in the translation. The CANRB places value on first-hand information from people who might have directly observed, documented or been witnesses to the alleged incident. 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. Family assessments typically include mild or moderate reports of physical abuse or neglect, including medical neglect and educational neglect. 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. Family Court Review (Volume 41, October These orders are processed by the CA/N Program Development Specialist utilizing the Court Adjudicated Central Registry (CACR) screen in FACES. The SAFE-CARE resource centers are staffed with board certified child abuse pediatricians that provide medical leadership for the SAFE-CARE program, as well as advanced medical consultation on complex abuse/neglect cases. . Direct observation of the child(ren) shall not be delayed beyond the assigned response priority when waiting for law enforcement to respond. Posted on Oct 30, 2009. A fatality is a consequence of the act of abuse or neglect. The investigator may directly contact the CAC to schedule the forensic interview. Auxiliary aids and services are available upon request to individuals with disabilities. This determination of physical abuse by a Preponderance of Evidence was made after weighing all of the evidence and based upon the following: Staff MUST provide a succinct summary of the evidence for each element. The purpose of the guidelines is to assist department staff in addressing child safety in these Children are removed in two ways: With a court order obtained by CPS prior to removal or with a court order obtained following an emergency removal. Out-of-home care is the care your child receives when a court or the family sends the child somewhere else to live while the family works out a problem they are experiencing. This determination of emotional 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. RELAY MISSOURI: 711 Missouri Department of Social Services is an Equal Opportunity Employer/Program. App. A SAFE exam is an examination performed by an appropriate medical provider on a victim of an alleged sexual offense to gather evidence for the evidentiary collection kit or using other collection procedures developed for victims who are minors. We will use another article to stimulate the consideration. If you have the thought, "Maybe I should call" DO! 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. Prepare and submit the Determination of Harassment (CD-22) form to the prosecuting or circuit attorney. If you are mandated by law to report child abuse and neglect, you can make a report online. Utilizing group supervision to staff cases in which the investigator is struggling to determine who was responsible for the incident. In rare circumstance, an Investigation may result in a determination that a child was the victim of abuse perpetrated by a juvenile perpetrator who had care, custody, and control. Examples: A hotline is received alleging sexual abuse by an uncle and neglect by the childs parents. The CANRB consists of multiple boards which have been established to ensure timely reviews of the Divisions findings of child abuse or neglect by a POE. We encourage mandated reporters to make a report online when possible to keep the hotline open for the general public. 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, translation. If the Court finds the abuse or neglect occurred, the finding will be Court Adjudicated. This information will be forwarded to the State Technical Assistance Team (STAT). To abide by the confidentiality statutes surrounding the CFRP panel, Childrens Division shall not disclose information from the CFRP panel meetings and no documentation from the panel shall be entered into FACES narrative on any open, active case involving the fatality. Once the hotline has been approved, this documentation should be placed in the conclusion summary. Staff should move forward with weighing all of the available evidence to reach a preliminary finding, once a determination has been reached that staff were unable to locate the alleged perpetrator. Upon this notification, the Circuit Manager or their designee must: The CANRB hearing will not be scheduled without a complete CD-307. Staff must make a referral to the Court Adjudication mailbox, [email protected], with the following information: The CA/N Program Development Specialist will determine, with the assistance of the Division of Legal Services (DLS), whether the report can be considered court adjudicated and will update the conclusion if appropriate. DLS must file a response to the legal proceedings within thirty (30) days of the date that the Division received the paperwork. It can minimize the number of people involved in a case and avoid duplication of efforts. Staff may however still make a harassment determination on a Family Assessment or Juvenile Assessment by selecting Yes in the harassment field on the conclusion screen in FACES. Child Protective Services (CPS) becomes involved with children and families when they are referred by the DFPS Investigations division, which investigates allegations of child abuse and neglect. If you suspect child abuse or neglect, call our toll-free hotline at 1-800-392-3738. 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. The central office Administrative Review Team will contact the Circuit Manager when an administrative review request is received in central office. The CANRB liaison will also update FACES to reflect the determination of the review. If the juvenile office declines to be present, staff may proceed with questioning the juvenile regarding the allegations of the report with parental permission. The CANRB is interested in all contacts, or attempted contacts, with the alleged perpetrator which should be clearly documented in the CA/N Investigative record. 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. Child Physical Abuse Forensic Examinations (CARE). After a POE conclusion is made, a Court Adjudicated conclusion may become appropriate in the following situations: The determination of whether a POE conclusion may be considered for a Court Adjudication conclusion requires a legal analysis. When court adjudication criteria have been met. This determination of sexual abuse and neglect 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. This allows for the CANRB to read the record prior to the review. ); Possible malnutrition or delay in seeking medical care; Autopsy by certified child-death pathologist. Section 2, Chapter 5.3.4 SAFE-CARE Program. This authorization must be documented in the case record. The severity level of fatal should only be used when the victim child died as a result of the child abuse/neglect allegation for which a preponderance of evidence finding is being made. Computer Exploitation/Pornography/Neglect/Others; Includes cases in which the alleged perpetrator is a law enforcement official, juvenile officer, Childrens Division employee, etc. Rather, it is those individuals who have a Probable cause, a Preponderance of Evidence, or Court Adjudication finding against them within the Childrens Division FACES Information System. Jimmy is alleged to have physically abused his son, Sam. This section provides procedures related specifically to child abuse/neglect Investigations. If school personnel are part of the MDT involved in the Investigation, evaluation, or treatment of the victim child, staff may share appropriate information that would be helpful to the school in their work with the child, i.e., information regarding the investigative outcome, the treatment plan, and the progress of the family. This guidance manual is typically updated annually to reflect changes made in the law or best practices. Child Sexual Abuse/Assault Screening Protocol Flowchart. Staff may find it necessary to clarify these roles with law enforcement. 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. The alleged perpetrator did not have care, custody, or control; or the injury was accidental. to organize the child fatality review panels to investigate the deaths of children under the age of eighteen years, who are eligible to receive a certificate of live birth. If a child disclosed that a specific form of child abuse or neglect occurred in a blue colored room, the CANRB will want to know if the Division ascertained the existence of a blue colored room which fit the childs description. If an appeal is desired, contact should be made with the DLS attorney who tried the case. The investigators will obtain all relevant information (i.e. Providers may also be contacted through the Child Advocacy Center that serves the county of assignment. A hotline is received involving a blended family. While reports and documents may be shared and reviewed at CFRP panel meetings, these should not be copied and distributed to others. The file must be uploaded before the CANRB hearing can be scheduled. They may be called upon as a witness for the Division (by telephone conference call, if necessary) when presenting a case before the CANRB. This includes children that are non-Missouri residents who die in Missouri and are issued a Missouri death certificate. 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. When working with STAT, the Childrens Service Worker is still responsible for conducting a thorough Investigation in accordance with Childrens Division policy, including: The STAT has resources available for use during the investigative process that at times will need to be accessed to complete a thorough Investigation, such as: a medical doctor specializing in pediatric medicine on staff; forensic interviewers to complete alleged victim interviews, witness and alleged perpetrator interviews/interrogations, and, technical assistance in matters requiring forensic specialists in matters involving computer exploitation, pornography, neglect, etc. Family Services CPS provides families a variety of services to strengthen families so children can stay safe at home with their parents. The prosecuting attorney in each county is charged by Section 210.192, RSMo. 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. Criminal Convictions: If the alleged perpetrator pleads guilty or is found guilty of crimes qualifying under the definition of the Central Registry, this is considered Court Adjudicated, unless the alleged perpetrator received a Suspended Imposition of Sentence. Individuals are only entitled to the disposition of the allegations naming them as an alleged perpetrator and/or any allegation involving their child(ren). 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. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. The juvenile officer shall halt or discontinue any questioning by law enforcement upon notice from the juvenile that the juvenile wishes to stop being questioned. The individual conclusion screen in FACES requires a finding for each code. Example: An infant is diagnosed with abusive head trauma (AHT). The Administrative Review Program Coordinator will also enter a summary on the Conclusion screen to reflect the courts decision. The CD-255 should be sent to CD Central Office, attention to the CA/N Program Development Specialist (PDS), to be logged and screened. 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 CANRB chairperson shall submit a written decision to the CANRB liaison on the date of the review. If DLS needs original documents, DLS will ask for them; and.
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