Critical events are classified by category, which determines the Division’s review of the incident. Categories are as follows:  

•  
  • Child fatality, near fatality, suicide or serious bodily injury
  • Active Agency Involvement at the time of Critical Event (e.g., investigation, assessment, referral, FCS/IIS)
  • Victim child is in the legal custody of the Children’s Division
  • Prior Children’s Division involvement with the family of concern within the past three years or if child is under 5, any prior involvement.
  • If none of the above apply: Child abuse/neglect investigation associated with the critical event

Events that do not meet criteria above, but are still considered serious and need to be reported to Central Office via the CS-23 include:

•  
  • Media Attention – has or is likely to generate media attention
  • Child in foster care who was subjected to sexual abuse, exploitation or assault
  • Threats to employee safety

 Definitions for Critical Events

Near Fatality

“An act that, as certified by a physician, places the child in serious or critical condition.” For example, if hospital records reflect that the child’s condition is “serious” or “critical,” this would be considered a “near fatality”.  [See, Child Abuse Prevention and Treatment Act (CAPTA), as amended (42 U.S.C. 5101 et seq.) – sections 106(b)(2)(B)(x) and (b)(4)(A)]

Serious Bodily Injury

Bodily injury which involves substantial risk of death, extreme physical pain, protracted and obvious disfigurement, or protracted loss or impairment of the function of a bodily member, organ, or mental faculty.

Definitions for “Other” events requiring a critical event

 Sexual Abuse

The term “sexual abuse” is defined as, “any sexual or sexualized interaction with a child, except as otherwise provided in paragraph 2 below.

1.  
   1. Sexual abuse shall include, but is not limited to:
      1. Any touching of the genitals, anus or buttocks of a child, or the breast of a female child, or any such touching through the clothing; any act involving the genitals of a child and the hand, mouth, tongue, or anus of another person; or any sexual act involving the penetration, however slight, of a child’s mouth, penis, female genitalia, or anus by any body part of another person, or by any instrument or object.
      2. Any conduct that would constitute a violation, regardless of arrest or conviction, of Chapter 566, RSMo., if the victim is less than eighteen (18) years of age, section 567.050, RSMo if the victim is less than eighteen (18) years of age, sections 568.020, 568.060, 568.080, or 568.090, RSMo, sections 573.025, 573.035, 573.037, or 573.040, RSMo, or an attempt to commit any of the preceding crimes;
      3. Sexual exploitation of the child, which shall include:

(I) Allowing, permitting, or encouraging a child to engage in prostitution, as defined by state law; or

(II) Allowing, permitting, encouraging, or engaging in the obscene or pornographic photographing, filming, or depicting of a child as those acts are defined by state law. This includes the storage or transmission of any data depicting said obscene or pornographic acts, images, or recordings.

1.  
   2. Any reasonable interaction with a child, including touching a child’s body for the purpose of providing the proper or necessary care or support of the child, shall not be considered sexual abuse. The touching of a child’s body, including a child’s genitals, buttocks, anus, or breasts for reasonable, medical, child rearing, or child care purposes shall not be considered sexual abuse.
   3. The division shall not be required to prove that the alleged perpetrator received sexual gratification or that there was an exchange or promise of anything of value as a result of the act of sexual abuse to establish sexual abuse under Chapter 210 or 211, RSMo.
   4. The use of force or coercion is not a necessary element for a finding of sexual abuse.
   5. Sexual abuse may occur over or under the child’s clothes.
   6. The division shall not be required to prove that the child suffered trauma or harm as a result of the act of sexual abuse.
   7. A child cannot consent to a sexual or sexualized act or interaction with a person responsible for that child’s care, custody, and control.

Sexual Assault

 The term “Sexual Assault” shall include the following:

•  
  • Chapter   566 Sexual Offenses – The acts of rape, forcible rape, statutory rape (1^st and 2^nd degree), sexual assault, sodomy, forcible sodomy, statutory sodomy (1^st and 2^nd degree), child molestation (1^st and 2^nd degree), deviate sexual assault, sexual misconduct and sexual abuse, or attempts to commit any of the aforesaid
  • 020   Incest.
  • 060   Abuse of a child and penalty. – The act of abuse of a child which involving sexual contact
  • 080   Child used in sexual performance, penalties. – The act of use of a child in a sexual performance; and
  • 151   Enticement of a child, penalties. – The act of enticement of a child or any attempt to commit such act.