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. 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. Refer to Section 2, Chapter 5.3.7.5, Court Adjudicated. We encourage mandated reporters to . The services provided by CACs are intended to be child friendly, better protect children, and enhance the ability of law enforcement, the Childrens Division, the prosecuting attorney, and the juvenile officer to meet their statutory mandates in accordance with Chapter 210 and 211 RSMo, federal and state criminal statutes and any other applicable statutes. 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. 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. If the CA/N Investigative record contains a copy of such pictures, then a copy of the pictures should be sent with the CA/N Investigative record for the CANRB to review. Failure to observe this procedure may violate CD regulations, as well as confidentiality statutes that contain penalties. 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 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. 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. Alleged perpetrators may email requests for administrative reviews to: DSS.CD.ADMINREVIEW@DSS.MO.GOV. This determination of (physical abuse, sexual abuse, or emotional abuse) by an unidentified perpetrator 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. 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 Investigation has been completed under Sections 210.108-210.183 RSMo. The Central Registry also houses the names of persons that have pled guilty or been found guilty of certain crimes listed in the previous definition of Central Registry, or who the court has found by a Preponderance of the Evidence that a party is responsible for child abuse or neglect. When the victim of an Investigation is enrolled in school, the school liaison, 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. Staff MUST obtain parental permission before questioning the alleged juvenile perpetrator. 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. The central office Administrative Review Team will process these requests, determine eligibility for administrative review, and will schedule the CANRB hearing. 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. A representative of the Childrens Division; A representative of the juvenile court; and. Determine if the child may need to be taken into protective custody and what are the appropriate placement resources for the child. 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. STAT does not investigate the F-Referral nor make any updates to FACES regarding these referrals. The injury was accidental. Include any supporting documentation, color photographs, the CPS-1, and any correspondence with all parties since the conclusion of the CA/N report. This documentation should be completed within a supervisory consult contact entry. In the case of a child who has been placed in the custody of the children's division in accordance with subdivision (17) of subsection 1 of section 207.020, RSMo, or in another authorized agency, by a court, or has been placed in foster care by a court, every six months after the placement, the foster family, group home, agency, or child care . Offenses occurring July 1, 2021-present, the age of majority is 18. A person from another profession or field who has an interest in child abuse or neglect; A college or university professor or elementary or secondary teacher; Making all FACES updates in the Appeal screen in FACES. For example: A hotline alleges unsanitary living conditions and lack of supervision. Staff should also take the juveniles chronological and developmental age into account before making a finding of POE. Outside of the CFRP review, agencies may share reports consistent with their policies and other legal restraints. translations of web pages. However, the Circuit Court shall have the discretion to allow the parties to submit the case upon a stipulated record. Family assessments typically include mild or moderate reports of physical abuse or neglect, including medical neglect and educational neglect. "Every time CPS seizes a child, it gets money from the federal . 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. including without limitation, indirect or consequential loss or damage arising from or in connection with use of the Google Translate Service. The relationship may be a relative, spouse, intimate/personal relationship, etc. 1-800-392-3738. The Children's Division Child Abuse and Neglect Hotline (CA/NHU) is a toll-free telephone answered seven days a week, 24 hours a day, 365 days a year. 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. The content of State of Missouri websites originate in English. Staff should make every effort to submit a Harassment Referral Letter (CD-22) to the Prosecuting Attorneys Office as soon as a determination of harassment is made. Viewing the family's home. 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. 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 CANRB is sent a copy of the CA/N Investigative record a couple of weeks before the review. 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. 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. For hearing and speech impaired, please contact Relay Missouri 1-800-735-2466/voice or 1-800-735-2966/text phone. However, when both parents were interviewed, neither admitted any knowledge of what happened to the child and there were no other witnesses. The preliminary Preponderance of Evidence determination does not become final until: Pursuant to Section 210.118, RSMo., the court may refer individuals to be placed on the Central Registry under the following circumstances: The court should send these orders to the Court Adjudication mailbox: CD.CourtAdjudication@dss.mo.gov. If you want to get the CPS case closed, its best to do all you can before the case goes to a juvenile court. The school liaison is a valuable source of information and an active member of the MDT. Each panel should appoint a spokesperson. The CANRB is interested in the corroboration of physical information provided by the child or witness. A provider of emergency medical services. Here are the CPS guidelines for child removal in California. All staff considering a CA/N for referral should consult with their direct supervisor. The central office Administrative Review Team will review the case, make any necessary DLS referrals, and determine the appropriate response to the dispute. as with certain file types, video content, and images. 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. Local/Regional/OHI Designee will notify the alleged perpetrator, childs parents, legal guardians or representative, and other parties entitled to such notice using the De Novo Judicial Review Disposition Letter (CS-21g). What is the critical information the Division is waiting to receive? If a report has been made to CPS, the agency's caseworker will make an unannounced visit to your home within 48 hours. Staff may use the SAFE-CARE provider list to arrange an examination with a local SAFE-CARE provider. The CANRB chairperson shall submit a written decision to the CANRB liaison on the date of the review. When the central office Administrative Review Team determines the alleged perpetrator is eligible for administrative review, a CANRB hearing will be scheduled. All mandated reporters, whose call to CANHU, resulted in a CA/N report. 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. The investigators should obtain all relevant information from the reporter(s) and adult witness(es) of the alleged incident. If accepted, STAT will begin a co-investigative process with CD. Notifying law enforcement of all Investigations is a statutory requirement. Notice will be provided to the Division in the form of a summons and a copy of the petition from the Circuit Court. The Department of Public Safety (DPS) is responsible for the payment of the forensic examination charges incurred as a result of gathering evidence for the evidentiary collection kit of persons who may be a victim of sexual assault or physical abuse which occurred in the state of Missouri. The CAC may also accept requests from the Childrens Division, law enforcement, the prosecuting attorney, or the juvenile officer to interview other individuals, including but not limited to: In order to reduce the number of times a child is interviewed, Childrens Division and law enforcement investigators should not conduct lengthy or comprehensive interviews with the alleged child victim and/or child witness when referring the child for a forensic interview. If the alleged perpetrator would like to receive correspondence electronically, staff should ensure the alleged perpetrator provides a valid e-mail address. Within three (3) business days, upload the file to the CANRB request drive. A hotline is received involving a blended family. 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. Codes can fall under different categories of abuse or neglect, depending on the situation. The alleged perpetrator and/or their attorney decline to cooperate with the Investigation or provide information to the contrary. The prosecuting attorney in each county is charged by Section 210.192, RSMo. 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. Delayed notification and right to the appeal process may be provided on a case-by-case basis when the record indicates proper notice was not provided. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. The CFRP reviews the fatality and each member carries out his/her specific mandates. For assistance call 1-855-373-4636 Or, visit your local Resource Center. The Administrative Review Program Coordinator will also enter a summary on the Conclusion screen to reflect the courts decision. CPS can remove children from the home. Sexual Assault Forensic Examinations (SAFE). If staff mentions prior or subsequent reports or assessments as a means of establishing a pattern of behavior which was taken into consideration in the Divisions determination of child abuse or neglect, be prepared for the CANRB to question the Divisions disposition of each of the prior or subsequent reports. Providing the service as a convenience is 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. 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. A fatality is a consequence of the act of abuse or neglect. Jane and Jimmy are married. 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). Staff should move forward with weighing all of the available evidence to reach a preliminary finding. Being able to contact you later helps the Children's Division staff complete a more thoroughinvestigation. FACES utilizes this mapping to generate the CS-21. There are three basic situations where the alleged perpetrator is not eligible for an Administrative Review: If it is determined that the alleged perpetrator is not eligible for an Administrative Review due to any of the above reasons, the central office Administrative Review Team will notify the alleged perpetrator. The alleged perpetrator may waive administrative review within sixty (60) days of receiving the CS-21 and. Finding POE on a juvenile perpetrator should be reserved for relatively egregious incidents, considering that placement on the Central Registry is permanent. Offenses occurring prior to July 1, 2021, the age of majority was 17. The Virginia Department of Social Services provides policy and guidance to the local departments of social services. The alleged victim child was labor trafficked by the alleged perpetrator; and. 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. Co-investigation offers several potential benefits, both to the victim(s) and to the professionals involved. CPS Manuals. Communication between the Childrens Division and the school liaison should be ongoing, when appropriate, to enhance services to the child and family. It can minimize the number of people involved in a case and avoid duplication of efforts. The alleged perpetrator must choose one or the other avenue of review, but cannot choose both. For any victim in the custody of the Childrens Division, staff should identify the resource provider as a surrogate parent and include their information within the Parent/Guardian section of the referral form. For example: There was no physical injury. The cursory interview will be conducted to obtain specific facts limited to: Once the above information is obtained, Childrens Division and/or law enforcement should advise the child and the non-offending caregiver that the case will be referred to the CAC for a forensic interview as soon as possible. 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. ' 1983, charging constitutional violations in removing child from their custody and attempting to place him under the supervision of the state by fabricating evidence. 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. Beltran v. Santa Clara County, 514 F.3d 906, (9th Cir. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SERVICE. If paper copies of the NCFRP are utilized to collect data for subsequent Internet entry, they should be either, To abide by the confidentiality statutes surrounding the CFRP panel, Childrens Division shall not disclose information from the CFRP panel meetings and. statements made by the child) from the reporter(s) and adult witness(es) of the alleged incident. 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. 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. If you are hearing or speech impaired, call Relay Missouri at 1-800-735-2466 (voice) or 1-800-735-2966 (text). not an endorsement of the product or the results generated and nothing herein should be construed as such an approval or endorsement. The Circuit Court shall provide the alleged perpetrator the opportunity to appear and present testimony. 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. STATs involvement in Childrens Division cases is appropriate when deemed necessary; however, their involvement is not a substitute for Childrens Division. The cursory interview will be neutral and objective. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of neglect perpetrated by (Alleged Perpetrator). 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 If a previously determined conclusion of Preponderance of Evidence is not overturned, a notation shall be made in the FACES Investigation narrative. If the child is reported to be in immediate danger, the Children's Service Worker must immediately and directly observe the child. For every child DHR and CPS can get adopted, there is the bonus of $4,000 or maybe $6,000. The referral form and information about how to make the referral can be found at: https://dese.mo.gov/early-learning/parent-education/first-steps/how-make-referral. In some areas there may be an established standing agreement that all serious cases of child abuse/neglect be referred to STAT. 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. 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. Staff must document correspondence regarding notification in FACES. (For example, CD will determine by a Preponderance of Evidence if the child died of abuse or neglect. 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. The Regional Director or their designee may suggestion further action in an attempt to identify the alleged perpetrator or they may authorize the decision to make a determination of child abuse/neglect present, perpetrator unidentified. No Investigation may be concluded with this determination without authorization from a Regional Director or their designee. Each of the legal definitions of child abuse and neglect are broken down into parts called elements, and there must be sufficient evidence to prove each element by a preponderance of evidence (POE) in order to reach a determination that child abuse or neglect has occurred. (13 CSR 35-31.025(3)(B)).Staff should use the Preponderance of Evidence conclusion template found in Section 2, Chapter 5. RELAY MISSOURI: 711 Missouri Department of Social Services is an Equal Opportunity Employer/Program. 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. Do not send original documents to DLS with the referral. Division staff are waiting on information to corroborate or support the information already gathered or received in another form. 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, The determination may be based on evidence collected in the original Investigation as well as the new Investigation, depending what is most appropriate given the circumstances of the case. 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. This tape shall only be listened to by appropriate CD staff and is not to be listened to by any subject of the report. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of sexual abuse and neglect perpetrated by (Alleged Perpetrator). NOTE: Child sex trafficking is mapped to both neglect and sexual abuse, When making a determination, staff should first consider the appropriate category and. Law enforcement and the Childrens Division should make every effort to obtain as much information from parents, caretakers, or witnesses. Local/Regional/OHI Designee will upload a copy of the courts adjudication in FACES. If it is determined that the childs needs can be met by a case file review and the child has not or will not, be examined by a SAFE-CARE provider, the Childrens Division worker will need to facilitate obtaining the necessary medical records to provide to the local SAFE-CARE provider. Per investigative policy, law enforcement shall be notified of the report and a request to co-investigate the allegations. Requests to re-open cases should be made by completing the Request to Re-Open Investigation (CD-255) form. Staff should refer all central registry disputes to dss.cd.adminreview@dss.mo.gov. All other duties required by Childrens Division policy when conducting an Investigation. For information related to information shared with schools by the Childrens Division when school personnel was the reporter, please refer to. . 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. 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.

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