5.2 Attach B 

2.4 Attach D

4.21.8 

7 Glossary

DHSS shall establish a Putative Father Registry.
Removes John Doe clause and requires a search of the Missouri Putative Father Registry to determine if a man has filed or been registered with the registry.
Children’s Service workers will instruct all alleged minor parents (LS1) in the care and custody of the Division about their responsibilities and encourage fathers to sign up on the Putative Father Registry.
Any man who has engaged in sexual intercourse with a woman is deemed to be on notice that a child may be conceived and as a result is entitled to notice of an adoption proceeding.
The pamphlet which describes the putative father registry can be ordered from the warehouse CSE-6 (It should be noted that this pamphlet is in the process of being enhanced according to provisions of1453)

POLICY IMPACT

Employees of the Children’s Division, including supervisory personnel and private contractors, involved with child protective services, who purposely, knowingly, and willingly violate a policy, rule, or state law related to CA/N activities of the division must be dismissed if the violation results in serious physical injury or
death. Caseload size in excess of standards established by the Council on Accreditation for Families and Children’s Services will be a mitigating factor in determining dismissal.

This revision is not a significant change from current DSS policy regarding grounds for employee dismissal.

This law changes the standard of proof for Child Abuse and Neglect Investigations received on or after August 28, 2004, from “probable cause” to “preponderance of the evidence”.
Several references throughout Chapter 210 are made to our Child Welfare Manual in relation to this change in standard- of- proof as well as changes in the, but this does not represent a significant change in practice.
Investigations should continue to be conducted with an emphasis on:
• thorough collection and documentation of evidence;
• an accurate account of interviews (verbal and non-verbal)
• descriptive, observable and behaviorally specific documentation of actions and conduct relative to the investigation;
• descriptive, observable documentation regarding the physical condition of children and environment;
• investigative findings based on all available facts and evidence that is of greater weight or more convincing than the evidence offered in opposition to it.

POLICY IMPACT

2.4 

2.4 attach D 

2.4 attach E 

2.4 Attach F 

2.4 Attach J 

2.4 Attach L 

2.4 Attach N 

2.4 Attach P 

2.4 Attach R 

2.4 Attach S 

2.4 Attach T 

2.4 Attach U 

2.4 Attach X 

2.5 

3.1 

3.2 

3.3 

3.8 

5.1 

5.2 

5.4 

6.3 Attach A 

7 Glossary 

7.10 

7.16

Mandated reporters may not make CA/N reports anonymously provided the reporter is informed that reporter information be held as confidential. All other reporters may remain anonymous.

Reporter will be informed of confidentiality by integrating it into the CANHU Protocol at the time of the call.

POLICY IMPACT 

5.2.1 

2.4 Attach D

Reporters of CA/N reports, who leave contact information, may request reports with unsubstantiated findings be referred to the Office of Child Advocate for review.

POLICY IMPACT 

Requires CD to strategically contract for the provision of performance based children’s services, throughout the continuum, except that state is the sole provider of CA/N hotline services, initial child abuse and neglect investigations, and initial family assessments.

Will potentially impact contracts in the future including but not limited to case management, IIS, FCS.

The division to enter into and implement contracts for child welfare services, beginning on or before July 1, 2005, and is subject to appropriations.

All direct services for children and their families currently provided by the Division shall be contracted for on a competitive bid basis, except for services related to the child abuse and neglect hotline, the initial investigation and the initial family assessments.

Contracted providers will be evaluated by performance based criteria and implemented strategically based on public and private partnerships.

This section establishes the goal of obtaining accreditation for the Department by the Council for Accreditation for Families and Children’s Services within five years of the effective date of the section.

(Refer to Memorandum CD04-53, Circuit Accreditation Process)

Children who are taken into the custody of the state shall not be reunited with a parent or placed in a home when the parent or any person residing in the home has been convicted of certain felony offenses in chapters 566 or 568.
Children under the jurisdiction of the juvenile court shall not be reunited with a parent or placed in a home when the parent or any person residing in the home has been convicted of specific felony offenses of chapters 566 or 568.
If while providing services, staff determines or has reason to believe a criminal history would preclude reunification, staff must request parent to provide criminal history prior to requesting reunification to the court.

POLICY IMPACT 

4.9.4 

4.10.1 

4.10.3.2.b

4.10.3.3.b

4.10.3.4.b 

4.10.10

Requires the Division to conduct a “diligent search”, for the biological parents of a child in the custody of the Division when the parents’ identity or location is unknown.
“Diligent search” includes efforts to locate or identify the biological parents of a child, initiated as soon as the division is made aware of the existence of the parent, with progress reports at each court hearing until the parent is identified and located or the court excuses further search.
Staff will utilize resources available, such as Federal Parent Locator Services (FPLS) through the Family Support Division and Office of the State Court Administrator.

POLICY IMPACT 

4.4 Attach A 

7 Glossary

Dictates who must be invited to family support team meetings, which include parents, legal counsel for the parents, foster parents, the legal guardian for the child, the GAL, and the CASA shall be provided notice of the meeting. Family members, (other than alleged perpetrator), or other community formal or informal service providers may be invited at the discretion of the family. The parents, legal counsel for the parent, legal guardian/custodian, and foster parents may request that other individuals, other than alleged perpetrators, be permitted to attend such meetings. Once a person is provided notice of a meeting, the CD or the conveyor of the meeting shall provide notice of subsequent meetings. Families may determine whether individuals invited at their discretion shall continue to be invited.

POLICY IMPACT 

4.7.2.1 

4.7.4.2 

4.9.7.1

Requires division to arrange for a family support team meeting prior to or within 24 hours following the protective custody hearing. The division shall arrange additional family support team meetings prior to taking any action relating to the placement of such child except in emergency and then the division may make a temporary placement and shall schedule a family support team meeting within 72 hours.

POLICY IMPACT 

All information provided at meetings or administrative hearings regarding removal of a child is confidential except:
• A parent or a party may waive confidentiality for himself or herself
• Any parent has the absolute right to audio or videotape such meeting to the extent allowed by the law.
• No parent or party shall be required to sign a confidentiality agreement before testifying or providing information at such meeting or hearing.

• Any person, other than a parent or party, who doesn’t agree to maintain confidentiality may be excluded from any portion of the meeting during which he/she is not testifying or providing information.
The CD is responsible for developing a form (CS-1) to be used at the conclusion of any meeting held in relation to a child placed in the custody of the state. A completed CS-1 will be distributed to parents and any other party within (5) five days of FSTM. (See CS-1 Instructions)

POLICY IMPACT

4.7.2 

4.9.3 

4.9.7

Upon appointment by the court to a case, GAL to be informed of and have the right to attend any and all family support team meetings involving the child.

POLICY IMPACT

4.7.2.1 

4.9.7.2

Identifies persons who shall have access to investigation records contained at the central registry. Information may be given to a grand jury, juvenile officer, prosecuting attorney, law enforcement officer involved in the investigation of abuse or neglect, juvenile court or other court conducting abuse or neglect or child protective proceedings or child custody proceedings, and other federal, state and local government entities, or any other agent of such entity, with a need for such information in order to carry out its responsibilities under the law to protect children from abuse or neglect.

POLICY IMPACT 

Reduces the amount of time the Children’s Division must keep an unsubstantiated report of child abuse made by a mandated reporter from ten to five years.

POLICY IMPACT 

Details emergency placement procedures of a child in a private home due to unexpected absence of the child’s parents.
• Juvenile court and CD may request local or state law enforcement to conduct name-based criminal history record check, including full orders of protection and outstanding warrants of each person over the age of 17 residing in the home by using MULES and NCIC to access FBI information.

• CD shall conduct CA/N history check for any person over 17 residing in the home. CD shall inquire whether any child less than 17 in the home has been certified as an adult and convicted of or pled guilty or no lo contendere to any crime.
• After initial name-based search, all persons in the home 17 and over must submit two sets of fingerprints and accompanying fees for a more extensive criminal background check, except for persons who are within two degrees of consanguinity and affinity to the child (parents, grandparents, brothers and sisters). One set to be used by the highway patrol to search criminal history repository and the second set to be forwarded to the FBI.
• Any child placed in emergency placement shall be removed immediately if any person in the home fails to provide fingerprints after being requested to do so, unless that person ceases to reside in the home.
• If placement is denied because of the name-based search and the denial is contested, the members of the household 17 and over must submit 2 sets of fingerprints for a background check within fifteen business days.
• Cost of fingerprints may be paid by the state.

POLICY IMPACT 

4.12.3 

4.12.3.1

• Requires CD to conduct search for full orders of protection for anyone seeking a foster parent license, or any adult in the applicant’s household.
• The applicant and any adult or child certified as an adult in the household must submit two sets of fingerprints for a criminal background check.
• CD must determine if any person over 17 in the home and any child less than 17 who has been certified as an adult for the commission of a crime is listed on the child abuse and neglect registry.
• The division shall inquire if any children less than 17 in the home have ever been certified as an adult and been convicted of, or pled guilty or nolo contendere to any crime.
• Subject to appropriation the total cost of fingerprinting may be paid by the state.

POLICY IMPACT 

6.2.2.1

6.2.2.3 

6.3.1 

6.3.4 

6.3 attach A 

6.3 Attach C 

6.3 Attach D 

6.3 Attach E 

6.3 Attach H 

6.3 Attach I

Administrative rules promulgated under the Code of State Regulations
are forthcoming.

Requires the Children’s Division to provide standards and training for prospective foster parents before they become licensed.
The division shall provide performance-based criteria for licensed foster parents.

POLICY IMPACT 

• Requires placement with relatives if the court has determined that relative placement is not contrary to the best interests of the child.
• Court must make specific findings on the record detailing why placement with a relative is not in the best interests of the child.
• Specifies that the age of a relative may not be the only factor considered in determining whether to place the child with that relative.
• Requires the Children’s Division to comply with the Federal Indian Child Welfare Act in placing Native American children.

POLICY IMPACT 

4.12.1 

4.12.3 

4..4 Attach B

4.19.1.1 

4.19.2 

4.19.3 

7 Glossary

Except as otherwise provided in section 210.125, no child shall be removed from school for placement in foster care without a court order specifying that the child will be removed from school.

POLICY IMPACT 

Specifies that when the only basis for action is an alleged violation of the mandatory school attendance statute involving a child who alleges to be home schooled, the juvenile officer must contact the child’s parents to verify that the child
is being home schooled. Reports of violations of the mandatory school attendance statute
involving a child who is home schooled must be made to the prosecuting attorney in the county in which the child resides.

POLICY IMPACT 

2.4.1 

2.4.3.7

The questioning of a child in custody due to
abuse or neglect shall cease if the child wishes
a parent, guardian or attorney present during
the questioning.
Questioning shall not continue until such time
the child does not object to talking about alleged
abuse, unless the interviewer has reason to
believe that the parent or guardian is acting to
protect the alleged perpetrator.
Nothing shall prevent the asking of questions
necessary for the care, treatment, or placement
of the child.
All video or audio recordings of meetings,
interviews, or interrogations conducted by the
state of a child in the state’s custody are
presumed admissible in proceedings involving
the child, regardless of whether the recording
was made before or after the child was taken
into custody and such recordings were made
prior to the adjudication hearing in the case and
are inadmissible only upon a showing by clear
and convincing evidence that the recording
lacks sufficient indiciation of reliability

POLICY IMPACT

Requires a child be returned to the care of a
non-offending parent legally entitled to physical
custody of the child under certain circumstances
including:
• parents have continually maintained joint
domicile for a period of at least 6 months or
maintain separate households;
• evidence indicates only one of the parents is
the subject on an investigation and the non-
offending parent does not have a history of
criminal behavior or drug abuse within the
past 5 years;
• non-offending parent request custody of the
child and agrees to cooperate with court
orders limiting contact.
Nothing shall prevent the division for the court
from exercising its discretion to return a child to
children to the custody of any individual

POLICY IMPACT