If a previously determined conclusion of Preponderance of Evidence is not overturned, a notation shall be made in the FACES Investigation narrative. If you want to get the CPS case closed, its best to do all you can before the case goes to a juvenile court. Child Protective Services (CPS) removes children from their homes if they believe the children are the victims of abuse or neglect. Staff may also contact Missouri KidsFirst, at 573-632-4600, for help locating a provider. To make an initial assessment of the validity of the allegations; To assess the childs ability to participate in a forensic interview based on developmental considerations; To obtain the necessary information to ensure the protection, health, and safety of the child; To determine appropriate placement for the child; or. 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. Coordinated responses can reduce the number of interviews a child undergoes. 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. Err on the side of over-reporting. The Childrens Divisions investigative purposes are identification, assessment, and service provision in an effort to protect children, preserve families whenever possible, and prevent further maltreatment. For Preponderance of Evidence findings, only individuals whose determination is final may be placed on the Central Registry. PDF When Your Child is Removed from Your Care - Kentucky However, in those cases it is still expected for the Childrens Service Worker to complete the referral after reviewing the matter with their direct supervisor with final approval of the Regional Director or their designee. child removal as a dimension of safety intervention decision making and practice. 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. 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. No panel member is prohibited from making public statements about the general purpose or nature of the child fatality review process; however, no public case-specific statements should be made. 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. 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. Staff should make the professional aware in such matters; their oral communication will be documented in the Divisions written record as corroborating evidence to support the Divisions conclusion. CHILD WELFARE MANUAL - Missouri 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. Much of this information is protected from disclosure by law, especially medical and child abuse/neglect information. 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. 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. The Circuit Court shall provide the alleged perpetrator the opportunity to appear and present testimony. The panel shall issue a CFRP Final Report, which shall be a public record and provide information on prevention-based efforts on each review. Judicial Review Sustains the Divisions Finding of Child Abuse or Neglect. 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. 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. 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. 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. However, the Childrens Division can often provide services and assistance that can help families prevent abuse or help the family in crisis. 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. Staff may choose to send letters certified and through regular mail simultaneously. not an endorsement of the product or the results generated and nothing herein should be construed as such an approval or endorsement. If the incident resulted in criminal charges, the alleged perpetrator may either: Processing Administrative Review Requests. 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. Child fatality (residence Out-of-state)B2. Staff shall notify the juvenile alleged perpetrator as well as the parent(s) of the juvenile regarding the allegations. 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. 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. Panel members should be aware that the legislation which established the Child Fatality Review Panels provides official immunity to all panel participants. Jane is alleged to have physically abused her daughter, Susie and her step son, Sam. Utilizing group supervision to staff cases in which the investigator is struggling to determine who was responsible for the incident. 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. Division staff are waiting for information which is not related to the elements of abuse or neglect. These guidelines are to be used when a pregnancy or new birth is a factor in a report of child abuse, a CPS assessment or during ongoing case management. PDF Review and Expunction of Central Registries and Reporting Records A family assessment is a response to a report of child abuse or neglect that does not focus on whether a specific individual should be listed in the Central Registry as a perpetrator of child abuse or neglect. Chapter 210.108 Domenic James Memorial Foster Care Reform Act. 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. statements made by the child) from the reporter(s) and adult witness(es) of the alleged incident. 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. 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. 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. Coroners and medical examiners are required to immediately evaluate the deaths of all children under the age of eighteen (18) who are eligible to receive a certificate of live birth to determine the necessity for a fatality review. Computer Exploitation/Pornography/Neglect/Others; Includes cases in which the alleged perpetrator is a law enforcement official, juvenile officer, Childrens Division employee, etc. Staff should make certain the allegations are investigated thoroughly. If you are mandated by law to report child abuse and neglect, you can make a report online. The Administrative Review Program Coordinator will update the Judicial Review Determination appeal screen in FACES and will update the Individual Conclusion screen to Court Adjudication. Providing the service as a convenience is The alleged perpetrator failed to provide the proper or necessary support, education as required by law, nutrition, or medical, surgical, or any other care necessary for the alleged victim childs well-being or the alleged victim child has been subjected to sex trafficking or severe forms of trafficking. 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. 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. Judicial Review: An alleged perpetrator may file for Direct Judicial Review and waive the administrative review process or may file for De Novo Judicial Review upon disagreeing with the CANRBs decision. Examples: A hotline is received alleging sexual abuse by an uncle and neglect by the childs parents. In addition, some applications and/or services may not work as expected when translated. 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 includes, but is not limited to: Whether the child has any immediate safety risks; Whether the childs immediate medical needs are being addressed; Determining whether the child is at imminent risk of death, sexual abuse, or physical injury and may need to be removed from the home; Whether a safety plan is appropriate to meet the safety needs of the child; Whether the child requires immediate medical and/or mental health care; and/or. The roles and responsibilities of law enforcement include: Once a case is reported and assigned, law enforcement and the Childrens Division should collaborate regarding the investigatory first steps prior to meeting with the family. If the Court finds the abuse or neglect occurred, the finding will be Court Adjudicated. translation. For any report that is substantiated by Preponderance of Evidence (POE) where the alleged perpetrator has not opted in to electronic notification, staff shall mail the CS-21 to the alleged perpetrator by certified mail. When the central office Administrative Review Team determines the alleged perpetrator is eligible for administrative review, a CANRB hearing will be scheduled. 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. Child Sexual Abuse/Assault Screening Protocol Flowchart. All other sections of the form are to be completed by the SAFE-CARE provider and/or the Department of Public Safety. 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. The cursory interview will be neutral and objective. If the Childrens Service Supervisor is in agreement with the determination of child abuse/neglect present, perpetrator unidentified determination, the report must be forwarded to the Regional Director or their designee for review. Location of where the alleged abuse occurred; and. The alleged assault may have resulted in the transfer of trace biological material and occurred within the previous 3 days (or other locally determined interval up to 7 days); The alleged assault may have placed the child at risk for pregnancy and occurred in the previous 5 days; The child complains of pain in the genital or anal area; There is evidence or complaint of anogenital bleeding or injury. 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). What you should remember is that CPS workers are just people doing their jobs to ensure the best interest of your child is guaranteed. 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. Staff should use the following templates when writing conclusion summaries: The Investigation has been completed under Sections 210.108-210.183 RSMo. The focus of CPS is on protecting the child from harm or risk of harm and to make it safe for the child to live with the parent or caretaker. 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. Pursuant to Section 210.145, RSMo., staff shall contact the appropriate law enforcement agency immediately upon receipt of any investigation to begin co-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). The local county in which the fatality occurs will receive a courtesy copy of the F-Referral. 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. Within three (3) business days, upload the file to the CANRB request drive. 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. There are circumstances where the service does not translate correctly and/or where translations may not be possible, such translations of web pages. 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. 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 Law enforcement and the Childrens Division should make every effort to obtain as much information from parents, caretakers, or witnesses. If an alleged perpetrator discovers they have been placed on the Central Registry and reports they were never notified of the finding, staff should examine the case record to determine if proper notice was provided. 3. Per investigative policy, law enforcement shall be notified of the report and a request to co-investigate the allegations. All CFRP meetings conducted, and all reports and records made and maintained by the CFRP, are confidential and shall not be open to the general public. A representative of the Childrens Division; A representative of the juvenile court; and. For Investigations, users will receive an error message if this question is left blank or if answered yes and there is no email on the Contact List for the alleged perpetrator. 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 content of State of Missouri websites originate in English. Once the hotline has been approved, this documentation should be placed in the conclusion summary. 7 Reasons CPS Can Take Your Child - Low Income Relief To find a location near you, go to dss.mo.gov/dss_map/. as with certain file types, video content, and images. When requests for administrative reviews are received at the county office, they should be scanned and emailed to [email protected] following the procedures above. Jimmy is only entitled to the disposition for Sam. Sign up for our daily newsletter. Investigations primarily include reports of child fatality, sexual abuse, serious physical abuse, serious neglect and reports of child abuse or neglect involving foster parents and institutions such as schools, residential facilities and child care centers. Division staff have received critical information through oral communication from a professional but are waiting on the physical/paper report. This means they don't want the child to be separated from their parents unless it's absolutely necessary. The CA/N PDS will also enter a summary on the Conclusion screen to reflect the courts decision. 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. The alleged perpetrator may also choose to invite witnesses to provide evidence on their behalf; Witnesses who wish to provide evidence on behalf of the alleged victim, but who were not called as witnesses by either the Childrens Division or the alleged perpetrator. Staff must thoroughly explain and provide the alleged juvenile perpetrator and parents with the following: Any juvenile that is being questioned by law enforcement in connection with an Investigation of a delinquent offense must be afforded all rights to which he/she would be entitled if he/she were an adult, including full advice as to constitutional rights in compliance with the Miranda decision and additional statutory requirements. Can You Get a CPS Case Closed Fast? - Findlaw However, limited information has been available to child welfare workers, judges, and attorneys on the utility of drug testing and how 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. The prosecuting attorney in each county is charged by Section 210.192, RSMo. In such situations law enforcements main role is public safety, not co-investigation. The school liaison is a valuable source of information and an active member of the MDT. A hotline is received involving a blended family. NO COPIES OF COMPLETED CFRP DATABASE FORMS SHOULD BE MAINTAINED IN LOCAL COUNTY FILES. Staff may have to add a more appropriate code under a different category to make the correct finding of abuse or neglect in FACES. CPS Removals in Harris County: How to Get Your Child Home 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. The investigator may directly contact the CAC to schedule the forensic interview. How do I make a report? Although the CANRB may ask follow-up questions throughout the presentation, there is no right of cross examination by other participants. 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. If law enforcement declines to co-investigate, staff shall notify the juvenile office of the report. These services may include, but are not limited to, forensic interviews of alleged child victims and/or child witnesses and Sexual Assault Forensic Exams (SAFE), victim advocate services, counseling services and other support services. 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. Service of process on the Director may be had at the following address: Once the petition is filed with the Circuit Court, the Division staff should immediately notify the Division of Legal Services (DLS) through appropriate supervisory channels, and provide DLS with a copy of the record. For more information, review the guidelines for mandated reporters. This can be done because the Childrens Division was vested with the authority to investigate child abuse in 1969 (Sections 210.105 and 210.107 RSMo), prior to the passage of the federal Child Abuse Prevention, Adoption and Family Services Act of 1988 amendments to the Child Abuse Prevention and Treatment Act (CAPTA). You should not rely on Google CPS Manuals. and the Division has determined by a Preponderance of Evidence that (Alleged Victim Child) was the victim of emotional abuse perpetrated by (Alleged Perpetrator). County panel members include: The general process of activating the panel is as follows: All information known to panel participants should be shared during the review of a death. Section 2, Chapter 5.3.4 SAFE-CARE Program. 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. Offenses occurring prior to July 1, 2021, the age of majority was 17. CPS guidelines for child removal are matters of state law and internal regulation in the agency. This information will be forwarded to the State Technical Assistance Team (STAT). 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. If the child has already been seen by, or it is known the child will be referred to a local SAFE-CARE provider, staff do not need to complete the CD-231 and should follow local referral protocols. 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). 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. Local/Regional/Out of Home Investigation (OHI) Designee should scan and e-mail a copy of the Courts ruling to the central office Administrative Review Program Coordinator. 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. Supervisors and Circuit Managers should utilize electronically accessible administrative reports (e.g., Monthly Perform Reports) and/or FACES (e.g., Online Reports) to identify and address the timely completion of all CA/Ns assigned to staff under their supervision.
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