The primary purpose of this conclusion is to stop the administrative review process when the alleged perpetrator passes away. 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. Pursuant to Section 210.145, RSMo., staff shall contact the appropriate law enforcement agency immediately upon receipt of any investigation to begin co-investigation. Chapter C of the Child and Family Services Manual is specifically for the Child Protective Services (CPS) program. Jane is entitled to the disposition of the physical abuse allegations against Susie and Sam. Staff may choose to send letters certified and through regular mail simultaneously. If a report is received and the incident occurred at the time the alleged perpetrator was a juvenile and the alleged perpetrator has since turned the age of majority, staff will follow the alleged juvenile perpetrator policy stated above. The caseworker must honestly believe that the home is not safe for the child, the child is in imminent danger or an emergency has made it impossible for them to leave the child at home. Local/Regional/OHI Designee will upload a copy of the courts adjudication in OnBase. The referral must include the following: Option #2Administrative Review: The alleged perpetrator may request an administrative review. If the Court finds the abuse or neglect occurred, the finding will be Court Adjudicated. Other suspicious findings (injuries such as electrocution, crush or fall). The Childrens Division and the alleged perpetrator may reserve three (3) of their twenty (20) minutes for rebuttal. The school liaison is a valuable source of information and an active member of the MDT. 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. 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. 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. Each element of the definitions of abuse and neglect must be satisfied by a Preponderance of Evidence, including the identification of who had care, custody, and control when the act of abuse or neglect was committed. 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. 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. This information will be forwarded to the State Technical Assistance Team (STAT). The CANRB liaison or their designee shall be responsible for the following: The following persons may participate in a CANRB review: At the review, the Childrens Division and the alleged perpetrator (in this order) will each have twenty (20) minutes to present information to the board. An additional purpose of the medical evaluation is to determine the appropriateness of trace evidence collection and, if indicated, to ensure that biologic trace materials are properly collected and preserved. The alleged perpetrator may waive administrative review within sixty (60) days of receiving the CS-21 and. Endangerment or exploitation of a child between the ages of three and eighteen. When the alleged perpetrator disagrees with the preliminary finding of child abuse or neglect by a Preponderance of Evidence (POE), he or she may appeal and has two avenues to seek an independent review of the Divisions decision. The alleged victim child was sex trafficked by the alleged perpetrator. STATs involvement does not relieve a Childrens Service Worker of their responsibility to investigate reports of child abuse and neglect, to make appropriate contact with families, and to assume responsibility for the initial and on-going safety assurances of children during the Investigation. DLS must file a response to the legal proceedings within thirty (30) days of the date that the Division received the paperwork. The referral should be mailed within fifteen (15) calendar days of status determination. If the juvenile office requests to be present while the Childrens Division questions the juvenile regarding the allegations, staff will coordinate with the family and juvenile office to set up a time and place for the interview. Family Services CPS provides families a variety of services to strengthen families so children can stay safe at home with their parents. 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. Vague or non-specific timeframes reported; Uncertainty by the reporter in regard to the identity of the perpetrator; Admission of a harassment motive by the reporter; The reporter has harassed the subject(s) in ways other than making a false CA/N report; Pending court action involving child custody or child support; There is an estranged relationship between the reporter and subject(s). Each panel should appoint a spokesperson. All other reporters, who were not anonymous, whose call resulted in a CA/N report, and who have requested the local office disposition information. . statements made by the child) from the reporter(s) and adult witness(es) of the alleged incident. A child under the age of three (3) if deemed appropriate and agreeable with the CAC; A child under age eighteen (18) alleged to be a witness to a homicide; A crime victim or witness eighteen (18) years of age or older with a developmental disability who would best be served through the use of interview techniques utilized by the CAC. Staff shall send a CS-21j to the juvenile office notifying them of the POE finding. Panel members should be aware that the legislation which established the Child Fatality Review Panels provides official immunity to all panel participants. Examples of codes include: skull fracture, fondling/touching, rejection through indifference, lack of food, etc. Pursuant to Section 210.153, the Divisions findings for child abuse or neglect by a POE which are substantiated by court adjudication shall not be heard by the CANRB. It may be helpful to construct a time-line involved in the CA/N Investigation. a sibling), To ensure this process is not only completed timely, but in a manner that allows the best chance of a proper evaluation and follow up response, Childrens Division staff. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SERVICE. When the victim of an Investigation is enrolled in school, the school liaison must be notified of the Investigation. 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. If paper copies of the NCFRP are utilized to collect data for subsequent Internet entry, they should be either disposed locally in a secured manner or forwarded to STAT. For example: A hotline alleges unsanitary living conditions and lack of supervision. If the child is reported to be in immediate danger, the Children's Service Worker must immediately and directly observe the child. 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. 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. Much of this information is protected from disclosure by law, especially medical and child abuse/neglect information. Court overruled Doe v. 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. Central Registry searches are run through the Family Care Safety Registry (FCSR) on persons that want to work or volunteer around children, pursuant to Section 210.150, RSMo. It is not an actual list of individuals. (13 CSR 35-31.025(3)(B)).Staff should use the Preponderance of Evidence conclusion template found in Section 2, Chapter 5. The alleged perpetrator used force, fraud, or coercion. Ensuring the safety of the child is the immediate concern. If the death meets the criteria for panel review, the coroner/medical examiner notifies the chairman of the CFRP, who then notifies the panel within 24 hours of a reviewable death. When the Division receives notice that the perpetrator has filed for Direct Judicial Review, Division staff shall immediately refer the matter to the Division of Legal Services (DLS) through appropriate supervisory channels. Examples: A hotline is received alleging sexual abuse by an uncle and neglect by the childs parents. This conclusion may be utilized in these circumstances when there is sufficient evidence that the deceased perpetrator abused or neglected the child prior to their passing. 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. 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. 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. Detect and report suspected child abuse and neglect; Gather physical evidence and conduct interviews; Assist the Childrens Division in gaining access to the child if the parents refuse to allow such access; Be available 24-hours a day and react to emergency situations quickly; Perform investigations of possible criminal activity; Arrest individuals when probable cause exists to believe theyhave committed a crime against a child; Take protective custody when a child is in imminent danger; Assist in raising community awareness through prevention and advocacy programs; Provide a clear framework for planning and conducting an Investigation and subsequent service provision involving alleged child victims/witnesses of sexual abuse, physical abuse/neglect, or other violent crimes; Coordinate intervention so as to reduce potential trauma to children and families, while preserving and respecting the rights and obligations of each agency to pursue their respective mandates; Efficiently gather and share information in a timely manner; Broaden the knowledge base with which decisions are made by including information from many sources, and improve communication among agencies; Encourage understanding of MDT member roles and responsibilities and avoid conflicts within the MDT collaboration to improve efficiency, timeliness, and reliability of case intervention; Increase MDT members requisite skills through training, coordination, and critical review of action taken. Witnesses shall be allowed to attend only that portion of the review in which they are presenting information and are heard at the boards discretion. They may be called upon as a witness for the Division (by telephone conference call, if necessary) when presenting a case before the CANRB. Forty-five (45) days from receipt of the report; As needed to address ongoing safety concerns. 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. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of emotional abuse perpetrated by (Alleged Perpetrator). State Technical Assistance Team investigators licensed as peace officers by the Director of the Department of Public Safety pursuant to chapter 590, RSMo, shall be deemed to be peace officers within the State of Missouri while acting in an Investigation or on behalf of a child. Division staff are waiting on information to corroborate or support the information already gathered or received in another form. 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. If the alleged perpetrator would like to receive correspondence electronically, staff should ensure the alleged perpetrator provides a valid e-mail address. 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. NO COPIES OF COMPLETED CFRP DATABASE FORMS SHOULD BE MAINTAINED IN LOCAL COUNTY FILES. For Preponderance of Evidence findings, only individuals whose determination is final may be placed on the Central Registry. The alleged perpetrator skips the administrative review process and files directly with the court for judicial review; or. Staff should inquire with the juvenile office on if there is a corresponding delinquency case regarding the allegations when considering if a POE finding should be made. Juvenile or Family Court Adjudication: Whether a child is in protective custody or not, a petition has been filed in juvenile or family court alleging the court has jurisdiction of the child pursuant to courts jurisdiction under Section 211.031.1(1), RSMo. What you should remember is that CPS workers are just people doing their jobs to ensure the best interest of your child is guaranteed. 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. Pursuant to 13 CSR 35-31.025, if the alleged perpetrators representative or next of kin provides proof that the alleged perpetrator died before the alleged perpetrators time to request review expired or before the requested Board hearing occurred, the Childrens Division shall retain the report and all information but shall not add the deceased alleged perpetrator to the central registry. Section 2, Chapter 5.3.4 SAFE-CARE Program. Anyone can report suspected child abuse, neglect, or exploitation to the Missouri Child Abuse & Neglect Hotline.Certain people are mandated reporters, meaning they are mandated by occupation to report any concerns. 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. Do not focus on the individual finding code entered on the Individual Conclusion screen in FACES. Childrens Division and law enforcement should make every effort to obtain as much information from parents, caretakers, or witnesses instead of the child when possible. Staff may also contact Missouri KidsFirst, at 573-632-4600, for help locating a provider. (For example, CD will determine by a Preponderance of Evidence if the child died of abuse or neglect. 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. Codes can fall under different categories of abuse or neglect, depending on the situation. The CANRB can allow additional time to any of the parties as needed. 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 panel shall issue a CFRP Final Report, which shall be a public record and provide information on prevention-based efforts on each review. 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. The power of arrest of a State Technical Assistance Team investigator acting as a peace officer shall be limited to offenses involving child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality or in situations of imminent danger to the investigator or another person. 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. 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, Jimmy is only entitled to the disposition for Sam. 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. Refer to Section 2, Chapter 5.3.7.5, Court Adjudicated. The main purpose of the panel review is to share information so that each person can more thoroughly carry out their agencys mandate. Paul Chill wrote an excellent article, Burden of Proof Begone: The Pernicious Effect of Removal in Child Protective Services, for the . Child Protective Services (CPS) is the first step to ensure the safety and permanency of children who are reported as being abused or neglected. 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. Law enforcement should utilize the Authorization to Provide Alternative Care (CS-33) form to authorize emergency protective custody. Staff should complete the SAFE-CARE Provider Evaluation Referral form (CD-231) and send an encrypted email, along with any relevant medical records and photographs to: To ensure this process is not only completed timely, but in a manner that allows the best chance of a proper evaluation and follow up response, Childrens Division staff must complete and submit the CD-231 as soon as possible, but no later than seventy-two (72) hours, after receiving the CA/N report. This documentation should be completed within a supervisory consult contact entry. If an alleged perpetrator discovers they have been placed on the Central Registry and reports they were never notified of the finding, staff should examine the case record to determine if proper notice was provided. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter. 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. 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 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. 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.
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