and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of sexual abuse perpetrated by (Alleged Perpetrator). ; Inconsistencies within a report regarding injuries to a child; Allegations relate only old injuries which are no longer identifiable; More than one unsubstantiated report with similar allegations; Although, one unsubstantiated report may also be a harassment report; One or more unsubstantiated reports on one perpetrator; Erroneous reporter identification information (i.e., name, address, phone, etc.,); All allegations made by the reporter are unsubstantiated. Detailed descriptions and diagrams of marks and injuries to alleged victim children, noting when the marks were observed, and by whom, are helpful. If the decision is made to refer to STAT, initiate the process after consulting with local law enforcement officials. Child Fatalities except non-CA/N Fatalites. All reports not completed within forty-five (45) days must be put in delayed conclusion status on the Delayed Conclusion screen in the Investigation/Assessment function in FACES. 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. Staff should move forward with weighing all of the available evidence to reach a preliminary finding. Panel members should be aware that the legislation which established the Child Fatality Review Panels provides official immunity to all panel participants. 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 panel shall issue a CFRP Final Report, which shall be a public record and provide information on prevention-based efforts on each review. If a previously determined conclusion of Preponderance of Evidence is overturned, the finding shall be entered in FACES and new CS-21s should be issued to all parties. Auxiliary aids and services are available upon request to individuals with disabilities. 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. 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). They can also help identify what information is missing, inconsistencies in accounts of what happened to the child and other witnesses for further interviews. Identification of the alleged perpetrator(s); The health and safety of the child. 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. A referral to STAT can be made by Missouri law enforcement agencies, State and Federal Prosecutors, Medical Examiners and Coroners, Family or Juvenile Court, Department of Social Services (Administrators, Childrens Division, Division of Youth Services and Division of Legal Services), Department of Mental Health and Federal law enforcement agencies. Family Court Review (Volume 41, October However, there are times in which the alleged perpetrator and the victim are deceased at the time of the call or the alleged perpetrator passes away during the investigation. A hotline is received involving a blended family. Child Sexual Abuse/Assault Screening Protocol Flowchart. 3. Section 2, Chapter 5 (Child Abuse and Neglect Reports - Missouri If a decision is made at any point to reverse a POE finding(s) prior to the CANRB hearing, the Circuit Manager or their designee will contact the Central Office Administrative Review Team via [email protected] to cancel the hearing within one (1) business day. 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. If you have the thought, "Maybe I should call" DO! 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. translations of web pages. For information related to information shared with schools by the Childrens Division when school personnel was the reporter, please refer to. Childrens Division staff may also at times request an assist from law enforcement due to safety concerns. Posted on Oct 30, 2009. 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. Refer to Section 2, Chapter 5.2.3, Reporter Contact for further information. When making a determination, staff should first consider the appropriate category and then determine the appropriate code under the category. CPS Case Law. 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 law enforcement fails to inform the juvenile office of their desire to question the juvenile in relation to the allegations, staff should request that law enforcement notify the juvenile office of the Investigation and request to question the juvenile. Much of this information is protected from disclosure by law, especially medical and child abuse/neglect information. Section 2, Chapter 5.3.4 SAFE-CARE Program. Therefore, staff should not read the record at the hearing, but instead should provide summary information. 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. The CANRB is sent a copy of the CA/N Investigative record a couple of weeks before the review. The file must be uploaded before the CANRB hearing can be scheduled. When the information will not be received within forty-five (45) days of the report, the supervisor and worker must take appropriate steps to secure information necessary to complete the CD process and make a determination. The CANRB liaison will also update FACES to reflect the determination of the review. Section 9, Chapter 8 (Child Abuse and Neglect Missouri Revised Statutes not an endorsement of the product or the results generated and nothing herein should be construed as such an approval or endorsement. Staff should be designated to track the notification and appeal process after the completion of the Investigation to ensure due process is provided and to ensure alleged perpetrators are appropriately placed on the Central Registry. 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. (13 CSR 35-31.025(3)(B)).Staff should use the Preponderance of Evidence conclusion template found in Section 2, Chapter 5. 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. Chapter 210.109 Child Abuse and Neglect Central Registry. To support a finding of child abuse or neglect by a POE, staff must be convinced for each legal element that: The evidence in favor of the finding outweighs the evidence against the finding, or. 2016),, the Eastern District Court of Appeals ruled the Childrens Division lacks the authority to substantiate a report that an unknown perpetrator committed child abuse or neglect. However, it is the overall finding for the category that is to be summarized in the conclusion summary. PDF Timeline Regarding the Removal of a Child by CPS - TYLA 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. Auxiliary aids and services are available upon request to individuals with disabilities. This determination of 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 210.109-210.183 RSMo. If there is no concern for the unsanitary living condition allegation, but the worker finds lack of supervision occurred by a preponderance of the overall evidence, the determination is POE for neglect. Pursuant to Section 210.152, RSMo., the Childrens Division is required to expunge all identifying information forty-five (45) days from the conclusion date of child abuse/neglect Investigations where the Division has determined the allegations are unsubstantiated and the report was made maliciously, for purposes of harassment, or in retaliation for the filing of a report by a mandated reporter. It is generally inappropriate to make a Preponderance of Evidence finding on multiple parties who may have been responsible for the abuse or neglect incident. There are five elements of abuse derived from the legal definition: There are three elements of neglect derived from the legal definition: There are three elements of child sex trafficking derived from the legal definition: There are four elements of labor trafficking derived from the legal definition: There may be multiple abuse or neglect codes alleged within the same category of abuse or neglect. 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). The child victim, the subject of the Investigation or another witness with information relevant to the Investigation is unable or temporarily unwilling to provide complete information within the specified time frames due to illness, injury, unavailability, mental capacity, age, developmental disability, or other cause. While assessments may be re-opened under Section 210.152, RSMo., these situations should generally be handled by making a new hotline report. If an appeal is desired, contact should be made with the DLS attorney who tried the case. Copies of the CS-21 must be retained in the file and all efforts to deliver the CS-21 must be documented. 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. 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. If a pattern of delayed Investigations is due to involvement with law enforcement, the juvenile office or other professionals, local CD staff must meet with their multidisciplinary team members within their communities, to develop protocol to meet conclusion timeframes. 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. Family Services CPS provides families a variety of services to strengthen families so children can stay safe at home with their parents. E.D. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. In some areas there may be an established standing agreement that all serious cases of child abuse/neglect be referred to STAT. The investigator may directly contact the CAC to schedule the forensic interview. Indications for a reviewable death involve one or more of the following: Sudden, unexplained death, ages one week to one year; (Mandated autopsy per statute); Unexplained/undetermined manner, age >1 year; Injury not witnessed by person in charge at time of injury; Prior calls to CA/N Hotline on decedent or other persons in the residence; Decedent in custody (DSS, DMH, Juvenile, DYS, etc. 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. (13 CSR 35-31.025(3)(B)).Staff should use the Preponderance of Evidence conclusion template found in Section 2, Chapter 5.3.8.3.3 Conclusion Summaries when writing the conclusion summary for this conclusion type. PDF Guidelines for Mandated Reporters of Child Abuse and Neglect - Missouri For questions and comments, please email [email protected], Missouri Department of Social Services is an equal opportunity employer/program. The county will be responsible for destroying the paper copies of that report 45 days from the date of the conclusion. 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.