This includes children that are non-Missouri residents who die in Missouri and are issued a Missouri death certificate. How is the missing information critical to the Divisions conclusion? Jane is alleged to have physically abused her daughter, Susie and her step son, Sam. The primary purpose of the medical evaluation is to identify, document, diagnose, prevent, and treat medical conditions and/or trauma (resulting from abuse and unrelated to abuse), as well as to assess issues related to patient safety and wellbeing. Court overruled Doe v. Jimmy is alleged to have physically abused his son, Sam. Staff may use the SAFE-CARE provider list to arrange an examination with a local SAFE-CARE provider. 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. The Circuit Court shall provide the alleged perpetrator the opportunity to appear and present testimony. The Investigation has been completed under Sections 210.108-210.183 RSMo. 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. 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 child is in imminent danger. Staff should ensure the parents/legal guardian receive a copy of the CS-21 as FACES does not generate a copy to them. Law enforcement will decide whether an Investigation is warranted. 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 request is based on new, specific, and credible evidence is obtained. NO COPIES OF COMPLETED CFRP DATABASE FORMS SHOULD BE MAINTAINED IN LOCAL COUNTY FILES. This chapter focuses on Missouri Revised Statute Chapter 210 regarding child abuse and neglect, CAN. Alleged perpetrators may email requests for administrative reviews to: DSS.CD.ADMINREVIEW@DSS.MO.GOV. 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. Child Abuse and Neglect Investigation/ - Missouri If you are hearing or speech impaired, call Relay Missouri at 1-800-735-2466 (voice) or 1-800-735-2966 (text). The State of Missouri has no control over the nature, content, and availability of the service, and accordingly, cannot guarantee the accuracy, reliability, or timeliness of the When there is insufficient evidence to support a preliminary finding of child abuse or neglect by a POE, the following statement should be entered into the CPS-1 conclusion summary: The Investigation has been completed under Sections 210.108-210.183 RSMo., and the Division has determined there is insufficient evidence to conclude (Alleged Victim Child) was the victim of (physical abuse, sexual abuse, emotional abuse, and/or neglect) perpetrated by (Alleged Perpetrator).. In CDJ v. DSS, 507 S.W.3d 605 (Mo. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of neglect perpetrated by (Alleged Perpetrator). 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. CPS Case Law - Families Regulating Authority Under Duress It is essential for staff to follow the evidence and interview or receive documentation from the people with first-hand knowledge or case specific, relevant expertise. Child Protective Services (CPS) is the first step to ensure the safety and permanency of children who are reported as being abused or neglected. Refer to Section 2, Chapter 5.3.12, Alleged Perpetrator Appeal Process for information regarding appeal rights of juvenile perpetrators. 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. 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. 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. 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. 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. Therefore, CFRP panel meetings are always closed to the public and cannot be lawfully conducted unless the public is excluded. * Note: To print the poster, your printer must be able to print an 11"x 17" document. Child Sexual Abuse/Assault Screening Protocol Flowchart. While not required, Circuit managers or their designee may choose to review the CA/N report prior to the Child Abuse and Neglect Review Board (CANRB) hearing to determine whether the report should be upheld or reversed. 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. 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. DLS must file a response to the legal proceedings within thirty (30) days of the date that the Division received the paperwork. 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. 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. 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. All staff considering a CA/N for referral should consult with their direct supervisor. 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. Requesting a Child Advocacy Center (CAC) case review to collaborate with multi-disciplinary team (MDT) members on identifying investigative next-steps. 866-748-7047, Missouri Department of Social Services is an equal opportunity employer/program. When a report is in delayed status, staff should complete face to face re-assurance of childrens safety: Staff may need to make multidisciplinary team and collateral contacts to continue to assure the safety of the child while the report is in delayed status. 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. 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. 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. 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. Staff may use the SAFE-CARE provider list to arrange an examination with a local SAFE-CARE provider. Hotline/How to Report - Missouri KidsFirst If a previously determined conclusion of Preponderance of Evidence is not overturned, a notation shall be made in the FACES Investigation narrative. For more information, review the guidelines for mandated reporters. Communication between the Childrens Division and the school liaison should be ongoing, when appropriate, to enhance services to the child and family. If the alleged perpetrator would like to receive correspondence electronically, staff should ensure the alleged perpetrator provides a valid e-mail address. Chapter 210.108 Domenic James Memorial Foster Care Reform Act. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. The requestor may submit copies of any relevant documents, photographs or other information that the person making the request wishes to attach. The court should send these orders to the Court Adjudication mailbox: Completing an investigative timeline. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of sexual abuse perpetrated by (Alleged Perpetrator). Ask for legal advice on whether the request for review is a request for direct judicial review. The investigators will obtain all relevant information (i.e. 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. Judicial Review Sustains the Divisions Finding of Child Abuse or Neglect. However, each code is mapped to a specific category in FACES as outlined below. Staff should refer all central registry disputes to dss.cd.adminreview@dss.mo.gov. What CPS Can and Cannot Do (& What To Do About It) The appropriate law enforcement agency shall either assist the Childrens Division in the Investigation or provide a written explanation, within twenty-four (24) hours, detailing the reasons they are unable to assist. (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. 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. 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. This guidance manual is typically updated annually to reflect changes made in the law or best practices. PDF Why We Remove Kids - Action For Child Protection Nothing in this protocol should preclude staff from facilitating timely medical attention care for a child in need. 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. Staff should move forward with weighing all of the available evidence to reach a preliminary finding. Problems in Child Protective Services (CPS) 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. Identification of the alleged perpetrator(s); The health and safety of the child. Endangerment or exploitation of a child between the ages of three and eighteen. Google Translate will not translate applications for programs such as Food Stamps, Medicaid, Temporary Assistance, Child Care and Child Support.