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. When requests for administrative reviews are received at the county office, they should be scanned and emailed to DSS.CD.ADMINREVIEW@DSS.MO.GOV following the procedures above. Initial contact to STAT may be made by telephone at 573-751-5980 with a subsequent request formalized in writing on the State Technical Assistance Team (STAT) Request for Assistance Form, which will either be E-mailed or faxed to the requesting personnel by STAT personnel. 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. 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. A severity level of fatal would not be appropriate because fatality was not a result of the neglect. Section 2, Chapter 5.3.4 SAFE-CARE Program. 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. The alleged perpetrator does not request an appeal within their timeframes; or. The CS-21 should mirror the CPS-1 conclusion summary and only include factual information based on the evidence. The individual conclusion screen in FACES requires a finding for each code. Pursuant to Section 210.145, RSMo., staff. When the alleged perpetrator disagrees with the preliminary finding of child abuse or neglect by a Preponderance of Evidence (POE), he or she may appeal and has two avenues to seek an independent review of the Divisions decision. Staff utilizing SAFE-CARE providers for SAFE, CARE, or case reviews may be asked by the SAFE-CARE providers to sign either the Sexual Assault Forensic Examination (SAFE) Program Report DPS claims form or the Child Physical Abuse Forensic Examination DPS claims form. 866-748-7047, Missouri Department of Social Services is an equal opportunity employer/program. The child would not be safe if they remained in your home. 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. Staff should refer all central registry disputes to. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of emotional abuse perpetrated by (Alleged Perpetrator). Identification of the alleged perpetrator(s); The health and safety of the child. Failure to observe this procedure may violate CD regulations, as well as confidentiality statutes that contain penalties. Child Physical Abuse Forensic Examinations (CARE). Making a recommendation for protective custody to the Juvenile Office or, at a minimum, opening a Family Centered Services (FCS) case in order to protect the child from further abuse or 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. Providers may also be contacted through the Child Advocacy Center that serves the county of assignment. Family Services CPS provides families a variety of services to strengthen families so children can stay safe at home with their parents. All children who are suspected victims of child sexual abuse should be offered a timely medical evaluation by a provider skilled in performing such evaluations. 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. 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. The purpose of the guidelines is to assist department staff in addressing child safety in these 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. ; Including cases in which multiple victims of the same alleged perpetrator have come forward. 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. Within three (3) business days, upload the file to the CANRB request drive. The clerk shall send a certified copy of the judgment or order to the childrens division and to the appropriate prosecuting attorney. No information about the case or panel discussions should be disclosed outside of the panel. Pursuant to Section 210.165, RSMo., intentional false reporting of child abuse or neglect to the hotline is a class A misdemeanor and if a person has a previous conviction for false reporting of CA/N, it is a class E felony. Viewing the family's home. 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. 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. Mandated reporters can call our toll-free hotline at 1-800-392-3738 or report their concerns online. Jane and Jimmy are married. If the Divisions finding is sustained (substantiated) the following steps must occur: If the Divisions finding is not sustained (overturned) the following steps must occur: If the agencys decision is reversed, the Regional Director/Designee or OHI Unit Manager shall review the case within ten (10) working days to determine whether or not they wish to appeal the finding of the court. Chapter 210.110 Definitions. 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. 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. Serious physical abuse can include excessive bruises or welts, broken bones, burns, internal injuries, loss of consciousness, etc., that requires medical care. The SAFE-CARE resource centers are staffed with board certified child abuse pediatricians that provide medical leadership for the SAFE-CARE program, as well as advanced medical consultation on complex abuse/neglect cases. If the coroner or medical examiner and local CFRP chairperson determines that the death of a child under the age of 18 years does not meet the criteria for panel review, the Coroner/Medical Examiner will complete a database record and provide known data related to the childs death into the National Center for Fatality Review and Prevention (NCFRP) Internet Database. Although each discipline attending panel meetings has mandates specific to their fields, the panel function additionally affords the local community the opportunity to review events and circumstances surrounding deaths in an effort to better collaborate local preventive strategies. 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. The CANRB will provide an independent review of child abuse and neglect determinations where the alleged perpetrator disagrees with the Divisions preliminary finding of child abuse or neglect by a POE. Ask for legal advice on whether the request for review is a request for direct judicial review. From the Divisions perspective, the process is the same. 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. As Google's translation is an automated service it may display interpretations that are an approximation of the website's original content. 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. 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. If accepted, STAT will begin a co-investigative process with CD. including without limitation, indirect or consequential loss or damage arising from or in connection with use of the Google Translate Service. 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. This determination of physical abuse by a Preponderance of Evidence was made after weighing all of the evidence and based upon the following: Staff MUST provide a succinct summary of the evidence for each element. This determination of sexual 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. Refer to Section 2, Chapter 5.3.12, Alleged Perpetrator Appeal Process for information regarding appeal rights of juvenile perpetrators. The alleged perpetrator may waive administrative review within sixty (60) days of receiving the CS-21 and. The final report may be obtained at https://dss.mo.gov/re/cfrar.htm. However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how 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. For more information, review the guidelines for mandated reporters. A POE finding shall predominantly be reserved for serious physical and/or sexual abuse findings. translations of web pages. It may be helpful to construct a time-line involved in the CA/N Investigation. A CPS investigation must begin within 24 hours and usually includes: Face-to-face interviews with the alleged child victim (s), the child's caretaker (s), the alleged perpetrator (s). 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. Cases in which there are no other law enforcement agencies involved, STAT will take the lead role in completing the pending criminal investigation. A representative of the Childrens Division; A representative of the juvenile court; and. Safety Planning and Removal of Children 20 Conclusion/Determination of Findings 20 Investigations 21 Sharing Information and Confidentiality Sharing Information with Reporters 23 . Family Court Review (Volume 41, October Multidisciplinary teams shall be used in providing protective or preventive social services, including the services of law enforcement, a liaison of the local public school, the juvenile officer, the juvenile court, and other agencies, both public and private.. (For example, CD will determine by a Preponderance of Evidence if the child died of abuse or neglect. The Administrative Review Program Coordinator will also enter a summary on the Conclusion screen to reflect the courts decision. In such situations law enforcements main role is public safety, not co-investigation. accurate. 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).. 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 Err on the side of over-reporting. Staff may find it necessary to clarify these roles with law enforcement. A supervisor agrees that sufficient evidence of a POE finding is present and a Regional Manager or designee is in agreement with a POE finding prior to approval of the conclusion, and; If approved by a Regional Manager or designee, send a referral to the Prevention and Safety Unit Manager for approval of the POE finding prior to the approval of the conclusion, and; Approval of a finding of POE on a juvenile alleged perpetrator by a Regional Manager and the Prevention and Safety Unit is documented in the CPS-1 narrative section. Central Registry searches are run through the Family Care Safety Registry (FCSR) on persons that want to work or volunteer around children, pursuant to Section 210.150, RSMo. Child Protective Services (CPS) is the first step to ensure the safety and permanency of children who are reported as being abused or neglected. Law enforcement and the Childrens Division will first assess the safety of the child in accordance with statutory and agency guidelines. The role of law enforcement is to assist in ensuring safety of children, determine whether or not a crime has been committed, identify and apprehend perpetrators, and present information to the proper authorities for prosecution. 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. 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. Investigations may be received where the perpetrator of abuse and/or neglect was a juvenile at the time of the report. This determination requires preventive services to be provided to the family. This includes children that are non-Missouri residents who die in Missouri and are issued a Missouri death certificate. The alleged perpetrator has the choice to appear in person and/or by a lawyer or other representative, he/she may request that the case be reviewed on the record without appearance or may submit a written statement in lieu of personal appearance. 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. At the time of trial, the judge will hear all the evidence presented and enter a judgment of whether or not the alleged perpetrator abused or neglected the child. not an endorsement of the product or the results generated and nothing herein should be construed as such an approval or endorsement. If paper copies of the NCFRP are utilized to collect data for subsequent Internet entry, they should be either disposed locally in a secured manner or forwarded to STAT. Child Abuse/Neglect Hotline Unit (CANHU) Response . Jane is alleged to have physically abused her daughter, Susie and her step son, Sam. Staff. Timelines can be highly beneficial in narrowing down who had access to the child when the injury occurred. While reports and documents may be shared and reviewed at CFRP panel meetings, these should not be copied and distributed to others. The referral must include the following: Option #2Administrative Review: The alleged perpetrator may request an administrative review. The alleged victim child was sex trafficked by the alleged perpetrator. If the request is refused, STAT will notify the requesting personnel/agency in writing, explaining the reason for their refusal. Enter yes under the heading Harassment on the Conclusion screen in the I/A Function in FACES. For example: There was no physical injury. ); Possible malnutrition or delay in seeking medical care; Autopsy by certified child-death pathologist. If you are hearing or speech impaired, call Relay Missouri at 1-800-735-2466 (voice) or 1-800-735-2966 (text). 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. The Childrens Division shall request the assistance of the appropriate law enforcement agency in all aspects of the Investigation. 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 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. 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. If the death meets the criteria for panel review, the coroner/medical examiner notifies the chairman of the CFRP, who then notifies the panel within 24 hours of a reviewable death. All other sections of the form are to be completed by the SAFE-CARE provider and/or the Department of Public Safety. 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. Children are removed in two ways: With a court order obtained by CPS prior to removal or with a court order obtained following an emergency removal. Panel members should be aware that the legislation which established the Child Fatality Review Panels provides official immunity to all panel participants. Auxiliary aids and services are available upon request to individuals with disabilities. Location of where the alleged abuse occurred; and. The uncle is only entitled to the disposition of the sexual abuse allegations. In addition, some applications and/or services may not work as expected when translated. Staff should ensure the parents/legal guardian receive a copy of the CS-21 as FACES does not generate a copy to them. If a previously determined conclusion of Preponderance of Evidence is not overturned, a notation shall be made in the FACES Investigation narrative. Staff may make a determination that a child was the victim of abuse perpetrated by an alleged juvenile perpetrator, but only after the following: Staff must explain to the juvenileandthe parents of the juvenile that a POE finding is being made. To find a location near you, go to dss.mo.gov/dss_map/. Direct observation of the child(ren) shall not be delayed beyond the assigned response priority when waiting for law enforcement to respond. 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. This determination of neglect by an unidentified perpetrator was made after weighing all of the evidence and based upon the following: There are times in which staff can narrow down the alleged perpetrator to a few individuals who had care, custody, and control of the child at the time of the alleged incident. Refer to Section 2, Chapter 5.3.7.5, Court Adjudicated. If a report has been made to CPS, the agency's caseworker will make an unannounced visit to your home within 48 hours. Complete the CA/N report according to policy; If the report is unsubstantiated or agency responded-no concerns found,determine if harassment indicators are present; Contact CANHU and obtain a copy of the tape of the report, if necessary. A physician, nurse, or other medical professional; A licensed child or family psychologist, counselor, or social worker; An attorney who has acted as a Guardian ad Litem or other attorney who has represented a subject of a child abuse and neglect report; and. 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 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. translation. Posted on Oct 30, 2009. and the Division has determined that (Alleged Victim Child) was the victim of neglect but was unable to determine the identity of the alleged perpetrator.

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