NO COPIES OF COMPLETED CFRP DATABASE FORMS SHOULD BE MAINTAINED IN LOCAL COUNTY FILES. Staff must thoroughly explain and provide the alleged juvenile perpetrator and parents with the following: Any juvenile that is being questioned by law enforcement in connection with an Investigation of a delinquent offense must be afforded all rights to which he/she would be entitled if he/she were an adult, including full advice as to constitutional rights in compliance with the Miranda decision and additional statutory requirements. All panel members who are asked to make a public statement should refer such inquiries to the panel spokesperson. 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 there is a delay in receiving information from law enforcement, the juvenile office, or other professionals, staff must attempt to obtain the information and document all attempts in the case record. The alleged perpetrator failed to provide the proper or necessary support, education as required by law, nutrition, or medical, surgical, or any other care necessary for the alleged victim childs well-being or the alleged victim child has been subjected to sex trafficking or severe forms of trafficking. They may be called upon as a witness for the Division (by telephone conference call, if necessary) when presenting a case before the CANRB. 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. When all of the presentations have concluded, the CANRB chairperson will inform the parties that the CANRB will review the information and make a decision. 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. Instead, the focus of an assessment is on working with the child and the child's family to identify factors that may place the child at risk of future abuse and neglect, and to offer voluntary, community based services to reduce the risk and support the family. (For example, CD will determine by a Preponderance of Evidence if the child died of abuse or neglect. 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. Google Translate will not translate applications for programs such as Food Stamps, Medicaid, Temporary Assistance, Child Care and Child Support. Offenses occurring prior to July 1, 2021, the age of majority was 17. 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 Notice of Outcome of Case Re-Opening Review (CD-254) should be sent to all parties, including the requestor. A fatality is a consequence of the act of abuse or neglect. Notifying law enforcement of all Investigations is a statutory requirement. Chapter 210.109 Child Abuse and Neglect Central Registry. Varied perspectives of the investigators greatly strengthen the process of Investigation, and the ultimate prosecution of the offender, ensuring the safety of the child(ren), and the provision of treatment services. Mandated reporters can call our toll-free hotline at 1-800-392-3738 or report their concerns online. The referral should be mailed within fifteen (15) calendar days of status determination. Division staff are waiting on information to corroborate or support the information already gathered or received in another form. 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. In all cases where the alleged perpetrator files for a de novo hearing in circuit court, in accordance with Rule 54.16 and 506.150, the alleged perpetrator must personally serve the Director of the Department of Social Services by delivering a copy of the summons and petition to the Director in compliance with legal service requirements. 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. The file must be uploaded before the CANRB hearing can be scheduled. CPS guidelines for child removal are matters of state law and internal regulation in the agency. STAT will then assess the request to determine acceptance and/or refusal. 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. Utilizing group supervision to staff cases in which the investigator is struggling to determine who was responsible for the incident. Note: If the alleged perpetrator is a juvenile, or was a juvenile at the time of the Divisions preliminary finding, he or she shall be entitled to file for an administrative review at any time, unless the finding has been court adjudicated, or has otherwise exhausted the appeal process. Chapter 210.108 Domenic James Memorial Foster Care Reform Act. 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. New CS-21s should be issued to all parties. For example: There was no physical injury. Therefore, staff should not read the record at the hearing, but instead should provide summary information. CPS Case Law. To remove your children from your home without a court order, a CPS caseworker must have a reasonable belief that one of the following situations is true: You pose an immediate threat to the child. For information related to information shared with schools by the Childrens Division when school personnel was the reporter, please refer to. 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. Investigating whether the alleged perpetrator has moved and mailing the CS-21 to the new address. Upon completion of the CFRP review, the CFRP chairperson or their designee completes the NCFRP Internet-based record and completes the Child Fatality Review Panel Final Report (the only open record CFRP document) and forwards it to the State Technical Assistance Team (STAT) in Jefferson City. Payments for SAFE-CARE Examinations and Case Reviews. Use the POE conclusion summary template for the appropriate category of abuse and/or neglect. 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. From the Divisions perspective, the process is the same. 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. Google Translate will not translate applications for programs such as Food Stamps, Medicaid, Temporary Assistance, Child Care and Child Support. 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 CANRB is sent a copy of the CA/N Investigative record a couple of weeks before the review. By filing directly with the Circuit Court, the alleged perpetrator has waived his or her right to the Administrative Review process, and, therefore, his or her name may be placed on the Central Registry upon filing the petition in Circuit Court. However, it is the overall finding for the category that is to be summarized in the conclusion summary. The Google Translate Service is offered as a convenience and is subject to applicable Google Terms of Service. Copies of the CS-21 must be retained in the file and all efforts to deliver the CS-21 must be documented. This documentation should be completed within a supervisory consult contact entry. The content of State of Missouri websites originate in English. 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. If criminal charges remain pending during the sixty (60) day window to request and administrative appeal-or are filed before the CANRB hearing occurs-the alleged perpetrator may choose to waive administrative review until sixty (60) days after the resolution of the criminal charges as described below. 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 This investigative conclusion is appropriate when there is insufficient evidence to determination that child abuse or neglect has occurred by a Preponderance of Evidence; however, the worker has identified risk factors through observations, interviews, and collaterals, which if unresolved, could potentially contribute to future concerns of child abuse/neglect or result in the accumulation of harm as it would pertain to issues of chronic maltreatment. What is the critical information the Division is waiting to receive? If you are mandated by law to report child abuse and neglect, you can make a report online. This means they don't want the child to be separated from their parents unless it's absolutely necessary. Much of this information is protected from disclosure by law, especially medical and child abuse/neglect information. The child is in imminent danger. Judicial Review: An alleged perpetrator may file for Direct Judicial Review and waive the administrative review process or may file for De Novo Judicial Review upon disagreeing with the CANRBs decision. Examples: A hotline is received alleging sexual abuse by an uncle and neglect by the childs parents. 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 deceased perpetrator will not be added to the central registry; however, the Childrens Division will retain the report in the same manner as unknown perpetrators and Family Assessments. The Childrens Divisions investigative purposes are identification, assessment, and service provision in an effort to protect children, preserve families whenever possible, and prevent further maltreatment. 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. These guidelines do not take the place of administrative rule. If the Childrens Service Supervisor is in agreement with the determination of child abuse/neglect present, perpetrator unidentified determination, the report must be forwarded to the Regional Director or their designee for review. Example: A worker makes a Preponderance of Evidence finding for neglect on a report, during which the victim child died of natural causes. Description of the Investigation Process (CS-24) to be given to the juvenile perpetrators parent/guardian; Description of the Investigation Process for Alleged Juvenile Perpetrators (CS-24j) to be given to the alleged juvenile perpetrator; Notice of the Privacy Practices Regarding Your Protected Health Information/HIPAA (MO886-4061), If the juvenile office declines to be present, staff may proceed with questioning the juvenile regarding the allegations of the report with parental permission. Any persons placed on the registry prior to August 28, 2004, shall remain on the registry for the duration of time required by section 210.152. Examples of codes include: skull fracture, fondling/touching, rejection through indifference, lack of food, etc. Staff. Staff should also take the juveniles chronological and developmental age into account before making a finding of POE. Childrens Division staff may also at times request an assist from law enforcement due to safety concerns. They need to have a court order or be able to prove that the child is in imminent danger in order to remove a child. 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. For example: There was no physical injury. Staff MUST obtain parental permission before questioning the alleged juvenile perpetrator. Should there be a good cause for failure to complete the Investigation in the information system within the allotted time period of forty-five (45) days, the delayed conclusion of an Investigation involving STAT should be given the same considerations set forth in the Child Welfare Manual that would apply to delayed conclusions of co-investigations involving law enforcement. In such situations law enforcements main role is public safety, not co-investigation. Auxiliary aids and services are available upon request to individuals with disabilities. Section 210.152, RSMo., requires all Family Assessments and Juvenile Assessments to be retained forever, even if they were made for the purposes of harassment or retaliation. If DLS needs original documents, DLS will ask for them; and. Enter yes under the heading Harassment on the Conclusion screen in the I/A Function in FACES. 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. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of physical abuse perpetrated by (Alleged Perpetrator). If a report has been made to CPS, the agency's caseworker will make an unannounced visit to your home within 48 hours. The clerk shall send a certified copy of the judgment or order to the childrens division and to the appropriate prosecuting attorney. A severity level of fatal would not be appropriate because fatality was not a result of the neglect. 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. Division staff have made good faith efforts to locate the alleged perpetrator, consistent with the steps outlined in policy, but have been unable to do so. Chapter 210.130 Oral Reports 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. Child Abuse/Neglect Hotline Unit (CANHU) Response . including without limitation, indirect or consequential loss or damage arising from or in connection with use of the Google Translate Service. Missouri raised the age of majority to 18 EFFECTIVE July 1, 2021, so to determine whether someone was an alleged juvenile perpetrator for a certain incident, you must look at the age of the perpetrator at the time the alleged incident occurred. 866-748-7047, Missouri Department of Social Services is an equal opportunity employer/program. 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. CD staff should share all child abuse and neglect information that they have on the victim(s), the caretaker of the victim at the time of the injury/death or other persons who may have been involved in the injury/death. A provider of emergency medical services. 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 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. Staff must make a referral to the Court Adjudication mailbox, CD.CourtAdjudication@dss.mo.gov, 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. In addition, some applications and/or services may not work as expected when translated. In every case in which the person has pled guilty to or been found guilty of the crimes qualifying under the definition of the Central Registry. If the descriptions of the marks and injuries are from someone else, it is helpful to include the document with their signature which describes the injuries rather than just a narrative entry. 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. The alleged perpetrator used force, fraud, or coercion. Making a home visit and delivering the letter in person. Coordinated responses can reduce the number of interviews a child undergoes. 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. No information about the case or panel discussions should be disclosed outside of the panel. Staff should dress professionally in court attire. When court adjudication criteria have been met. For assistance call 1-855-373-4636 Or, visit your local Resource Center. 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. The alleged perpetrator did not have care, custody, or control. A copy of all of the legal papers served on the Division; The exact date that the Division received the legal documents (This can be done by using a date stamp); and, A complete copy of the entire file that the Division has on the case. The CANRB shall vote individually on the CANRB determination. Can the Division make a determination without the information? The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter. Candice Norwood Breaking News Reporter Published April 20, 2023, 10:20 a.m. PT Share Your trusted source for contextualizing the news. The request is based on new, specific, and credible evidence is obtained. The alleged perpetrator may waive administrative review within sixty (60) days of receiving the CS-21 and. It may be helpful to construct a time-line involved in the CA/N Investigation. The central office Administrative Review Team will process these requests, determine eligibility for administrative review, and will schedule the CANRB hearing. How is the missing information critical to the Divisions conclusion? Refer to Section 2, Chapter 5.2.3, Reporter Contact for further information. 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. 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. For example: A hotline alleges unsanitary living conditions and lack of supervision. If the request is refused, STAT will notify the requesting personnel/agency in writing, explaining the reason for their refusal. 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. 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. 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, allow State child protective services agencies to retain information on unsubstantiated reports in their casework files to assist in future risk and safety assessments. If law enforcement declines to co-investigate, staff shall notify the juvenile office of the report. 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. 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. In CDJ v. DSS, 507 S.W.3d 605 (Mo. As Google's translation is an automated service it may display interpretations that are an approximation of the website's original content. 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. Location of where the alleged abuse occurred; and. How do I make a report? The First Steps Cover Letter (CD-21C), along with the Missouri Department of Elementary and Secondary Education First Steps Referral Form, shall be used for this purpose. 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. The uncle is only entitled to the disposition of the sexual abuse allegations. The relationship may be a relative, spouse, intimate/personal relationship, etc. By selecting a language from the Google Translate menu, the user accepts the legal implications of any misinterpretations or differences in the translation. 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. In making a harassment determination, staff should pay particular attention to the following items as potential indicators: If staff suspects that a CA/N report is the result of a call to the CANHU made maliciously, for purposes of harassment, or in retaliation for filing a report, staff should take the following steps: Staff are required to make a referral to the local Department of Elementary and Secondary Education (DESE) First Steps Program in all instances that a Preponderance of Evidence determination is made regarding a victim less than three (3) years old. Offenses occurring July 1, 2021-present, the age of majority is 18. For any report that is substantiated by Preponderance of Evidence (POE) where the alleged perpetrator has not opted in to electronic notification, staff shall mail the CS-21 to the alleged perpetrator by certified mail. An additional twenty (20) minutes, to be divided evenly among all witnesses, may be allotted for additional witnesses who wish to provide evidence on behalf of the alleged victim, but who were not called as witnesses by either the Division or the alleged perpetrator. Staff must make a referral to the Court Adjudication mailbox, Petition or final amended petition (juvenile court referrals only), Adjudication order (juvenile court referrals only), Criminal case number (criminal conviction referrals only), The primary purpose of this conclusion is to stop the administrative review process when the alleged perpetrator passes away. The CANRB can allow additional time to any of the parties as needed. If the alleged perpetrator refuses to be interviewed without an attorney or declines the opportunity to provide evidence or witnesses on their behalf during the CA/N Investigation, that information should be clearly documented in the CA/N Investigative record along with any efforts to offer the alleged perpetrator an opportunity to speak to the allegations and/or provide evidence on their behalf.
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