cps guidelines for child removal missouri

and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of physical abuse perpetrated by (Alleged Perpetrator). STAT does not investigate the F-Referral nor make any updates to FACES regarding these referrals. The cursory interview will be neutral and objective. Staff should refer all central registry disputes to dss.cd.adminreview@dss.mo.gov. 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. 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 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. The investigators should obtain all relevant information from the reporter(s) and adult witness(es) of the alleged incident. However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how If you are mandated by law to report child abuse and neglect, you can make a report online. While assessments may be re-opened under Section 210.152, RSMo., these situations should generally be handled by making a new hotline report. Chapter 210.120 Medical Institution Staff. Serious physical abuse can include excessive bruises or welts, broken bones, burns, internal injuries, loss of consciousness, etc., that requires medical care. 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 original copy is mailed to the local First Steps Agency, a copy is sent to the custodial parent (and/or a copy sent to the foster/relative/kinship provider if applicable), and a copy is retained in the Investigative record. Pursuant to Section 210.146, RSMo., all Investigations involving children under the age of four must include either an examination of the child or a review of the childs case file and any photographs by a SAFE-CARE provider. 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. Sign up for our daily newsletter. 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. Posted on Oct 30, 2009. In such situations law enforcements main role is public safety, not co-investigation. All CFRP meetings conducted, and all reports and records made and maintained by the CFRP, are. Pursuant to Section 210.145, RSMo., staff. The determination of whether a POE conclusion may be considered for a Court Adjudication conclusion requires a legal analysis. If an appeal is desired, contact should be made with the DLS attorney who tried the case. Examples: A hotline is received alleging sexual abuse by an uncle and neglect by the childs parents. Therefore, CFRP panel meetings are always closed to the public and cannot be lawfully conducted unless the public is excluded. The F-Referral assists STAT in receiving notice of all non-CA/N related child fatalities in a timely manner to assist them in completing the Child Fatality Review Program annual report. Investigations may be received where the perpetrator of abuse and/or neglect was a juvenile at the time of the report. 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. Law enforcement should utilize the Authorization to Provide Alternative Care (CS-33) form to authorize emergency protective custody. 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. 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. Requestors may request the CD-255 from their local office, Central Office, or access it from the Childrens Division. The Investigation has been completed under Sections 210.108-210.183 RSMo. The severity level of fatal should only be used when the victim child died as a result of the child abuse/neglect allegation for which a preponderance of evidence finding is being made. Law enforcement and the Childrens Division should make every effort to obtain as much information from parents, caretakers, or witnesses. The child would not be safe if they remained in your home. 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. 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. For Preponderance of Evidence findings, only individuals whose determination is final may be placed on the Central Registry. To find a location near you, go to dss.mo.gov/dss_map/. 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. 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. Our team will be available to help 24 hours a day, 7 days a week. 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. Endangerment or exploitation of a child between the ages of three and eighteen. If the Court finds the abuse or neglect occurred, the finding will be Court Adjudicated. Staff must therefore ensure that copies of the notices are made and in the file. The local CD Office will notify interested parties of the outcome of the case re-Opening Review as follows: If a previously determined conclusion of unsubstantiated has been changed to a finding of child abuse or neglect by a Preponderance of Evidence, the finding shall be entered in FACES as a preliminary finding, and all of the alleged perpetrators rights to appeal shall apply. Mandated reporters can call our toll-free hotline at 1-800-392-3738 or report their concerns online. 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. By using certified mail to send the notification forms to substantiated perpetrators, it will require the recipients signature, verifying he/she received the notification of the substantiated finding as well as their appeal rights. 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. Division staff are waiting on information to corroborate or support the information already gathered or received in another form. If the courts findings substantiate the Divisions determination of child abuse and/or neglect and proper due notice has occurred, the Divisions finding will be Court Adjudicated. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of emotional abuse perpetrated by (Alleged Perpetrator). 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. Ensuring the safety of the child is the immediate concern. 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. Pursuant to Section 660.520, RSMo., There is hereby established in the Department of Social Services a special team, to be known as the State Technical Assistance Team, to assist in cases of child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality. 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. If you want to get the CPS case closed, its best to do all you can before the case goes to a juvenile court. 2008) Beltrans sued two caseworkers under 42 U.S.C. Staff may have to add a more appropriate code under a different category to make the correct finding of abuse or neglect in FACES. ; 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. The CFRP reviews the fatality and each member carries out his/her specific mandates. When a family alleges that a child has major behavioral problems at home, the CANRB finds it helpful to know if this same or similar behavior is seen by the school or other professionals involved with the child or family, and their perception of the child. A representative from law enforcement or a juvenile office. Co-investigation offers several potential benefits, both to the victim(s) and to the professionals involved. 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. There may be no physical harm to the child, but the home environment is unsafe due to the meth lab. Section 210.145, RSMo., requires the superintendent of each school district to designate a public school district liaison, who will be considered a member of the multidisciplinary team (MDT). Being able to contact you later helps the Children's Division staff complete a more thoroughinvestigation. This authorization must be documented in the case record. Because Investigations determined to be harassment will be expunged within forty-five (45) days, staff should provide a copy of the Investigation record along with the CD-22 to the prosecuting or circuit attorney; For investigations, FACES will automatically delete the identifying information from the system 45 days from the conclusion date. 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. No information gathered at the CFRP panel meetings, should ever be included in case narrative of any active CD case. The caseworkers at Child Protective Services can legally remove your children from your home, but only under certain circumstances. This determination requires preventive services to be provided to the family. 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. A severity level of fatal would not be appropriate because fatality was not a result of the neglect. 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. 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. Once received, the designated Child Abuse Resource Center will ensure the referral is evaluated within twenty-four (24) hours and will return the completed and signed form to the Childrens Division with one of the following recommendations: In accordance with best practices, staff should make every effort to facilitate the occurrence of medical exams or case file reviews in a manner that not only ensures a thorough and timely Investigation, but minimizes the need for multiple examinations, unnecessary delays, or undue hardship on families whenever possible. Supervisors should review all POE CS-21s to ensure accuracy and that the correct individuals are receiving the correct disposition. E.D. The file must be uploaded before the CANRB hearing can be scheduled. The CFRP panel and its members are advocates for the health and welfare of every child in their community, including the reasonable preservation of privacy for the child and family members. 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. ; Including cases in which multiple victims of the same alleged perpetrator have come forward. They can also help identify what information is missing, inconsistencies in accounts of what happened to the child and other witnesses for further interviews. Providing the service as a convenience is The Circuit Court shall provide the alleged perpetrator the opportunity to appear and present testimony. Reviewing any necessary documents, such as police reports, criminal history, medical reports, school reports, CPS case file, etc. 1-800-392-3738. Family assessments typically include mild or moderate reports of physical abuse or neglect, including medical neglect and educational neglect. The central office Administrative Review Team will process these requests, determine eligibility for administrative review, and will schedule the CANRB hearing. Outside of the CFRP review, agencies may share reports consistent with their policies and other legal restraints. Section 2, Chapter 5.2.3, Reporter Contact, Section 2, Chapter 3.3.1 Already Investigated CA/N Conclusions, Section 2, Chapter 5.4.3.4, Home Schooling, Section 2, Chapter 5.2.17 Inappropriate Report Conclusion, Section 2, Chapter 5.2.18 Out of State Reports, Section 2, Chapter 5.2.16 Unable to Locate, https://dese.mo.gov/early-learning/parent-education/first-steps/how-make-referral, Chapter 1 (Mandated Reporting Requirements), Chapter 2 (Child Abuse and Neglect Hotline Unit), Chapter 3 (County Protocol: Review and Assignment of Reports), Chapter 4 (Non-Child Abuse/Neglect Referrals), Chapter 5 (Child Abuse and Neglect Reports), Chapter 6 (Referrals to the Juvenile Court). Consequently, staff must use the investigative conclusion option of Child Abuse/Neglect Present, Perpetrator Unidentified.. 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. Before an interview or interrogation begins, a juvenile must be advised by the juvenile officer, or by a designee trained by the juvenile officer, of each of the following rights as set forth in 211.059. Therefore, staff should not read the record at the hearing, but instead should provide summary information. All panel members who are asked to make a public statement should refer such inquiries to the panel spokesperson. In addition, some applications and/or services may not work as expected when translated. Unsubstantiated-preventive services indicated; Child Abuse/Neglect Present, Perpetrator Unidentified; Child Abuse/Neglect Present, Perpetrator Deceased, Staff must gather all relevant evidence that supports or undermines the finding; and, Staff must objectively review all of the evidence that is in favor of or contrary to the finding; and, Staff must objectively consider and balance the evidence in favor of or contrary to the finding; and. The request is based on new, specific, and credible evidence is obtained. To place a case in delayed conclusion, staff and supervisors must deem the missing information so critical to the Investigation the Division cannot make a determination without it (e.g., critical medical report of injuries to a victim child, laboratory results, etc.). The clerk shall send a certified copy of the judgment or order to the childrens division and to the appropriate prosecuting attorney. Upon making a determination as to whether the Investigation will be re-opened, the CA/N PDS will send the Notice of Case Re-Opening Determination (CD-253) to the requestor. 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. 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. 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. 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. A fatality is a consequence of the act of abuse or neglect. NOTE: Child sex trafficking is mapped to both neglect and sexual abuse, When making a determination, staff should first consider the appropriate category and. 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. 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. STAT will then assess the request to determine acceptance and/or refusal. Concluding Investigations in which there is sufficient evidence for a Preponderance of Evidence (POE) finding should be prioritized. 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 requestor was not a party to the case, the Notice of Outcome of Case Re-Opening Review (CD-254) should be used to notify the requestor of the outcome. Officially, CPS can only remove your child if they have a court order or if the child is an emergency situation. CPS Manuals. Upon this notification, the Circuit Manager or their designee must: The CANRB hearing will not be scheduled without a complete CD-307. Consistent with the aforementioned definition of authority and purpose of STAT, any STAT investigator involved in the co-investigation of a reported concern of child abuse or neglect is functioning in the role of a licensed peace officer as endowed by the Director of the Department of Public Safety pursuant to Chapter 590, RSMo. PLEASE READ THIS DISCLAIMER CAREFULLY BEFORE USING THE SERVICE. Division staff have received critical information through oral communication from a professional but are waiting on the physical/paper report.

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