1.2.5  Miscellaneous Referrals

1.2.5.1  Missing Child

If a child is reported missing, advise caller that no report is being taken and suggest contacting the local law enforcement agency or the Missouri State Highway Patrol.

1.2.5.2  Licensing Violations

Refer complaint to Child Care Licensing Unit, if reporter is reporting a Child Care Licensing rule violation and not child abuse/neglect.

Make a Non-Caretaker or Preventive Service Referral to the Residential Program Unit if licensing or criminal violations are reported, but are not child abuse/neglect reports.

1.2.5.3  Referrals From Court Pursuant To EX PARTE Orders Of Protection

If the petition for an ex parte order of child protection in a domestic violence situation (granted due to an immediate and present danger of abuse to a child) contains allegations which would enable the juvenile court to take jurisdiction of the child under Section 211.031 RSMo, the court may direct the Division to complete an "investigation" or fact-finding report concerning the allegations in the petition.

The reasons outlined in Section 211.031 RSMo by which a juvenile court can take jurisdiction include:  Abuse/neglect by the parent or guardian; the child is without proper care, custody, or support; the child is living in a dwelling which was found by a court to be a public nuisance; the child is repeatedly and without justification absent from school; the child is habitually absent from his home without sufficient cause, permission, or justification; the behavior or associations of the child are injurious to his welfare or to the welfare of others; the child is charged with an offense not classified as criminal or alleged to have violated a state law or municipal ordinance; adoption; or for the commitment of a child to the guardianship of the Department of Social Services as provided by law.

One of the primary reasons for granting a child protection ex parte order is abuse of a child, according to the definition of abuse found in Chapter 455 RSMo.  That definition is the same as the definition found in Chapter 210 RSMo, except that stalking of a child is included in Chapter 455 RSMo.  Stalking of a child is defined as purposely and repeatedly harassing or following, with the intent of harassing a child.

When the local office receives a directive from the court for an investigation, they should review the information to determine if the allegations constitute a CA/N report.  This would normally be the case, but not necessarily all the time.

Referral from court accepted as a CA/N report - If the allegations contained in the petition rise to the level of a CA/N report (the automated system should be checked to determine if there is a pending investigation into the allegations), a CA/N report shall be made and a CA/N investigation completed.  The report should also address all allegations in the petition and the items listed below.

Referral from court does not constitute CA/N report - If it is determined that the allegations in the petition do not constitute CA/N, the process followed would be similar to that completed for a Newborn Crisis Assessment, in which a home assessment is completed and a report made to the referring agency.  This should involve visits with the child and adult who filed the request for an ex parte order on behalf of the child.  At a minimum, the following should be done:

• Address allegations in the petition with all parties;
• See children and complete a systems review of the entire household to assess risk to the child and to others in the family;
• Evaluate support system which is in place, including family members, friends, etc. (staff are encouraged to use the genogram and ecomap);
• Determine other agencies involved with family and extent of their involvement; and
• Contact other agencies involved with the family to determine support, if appropriate.

Staff should include in the report any available information regarding existing or pending divorce/custody decrees that stipulate that a parent cannot have custody or visitation when that parent has been found guilty of, or pled guilty to, a felony violation of Chapter 566 RSMo (Sexual Offenses) or Chapter 568 RSMo (Offenses Against the Family), when that child was the victim.

A copy of the completed CA/N investigation (without the reporter's name) should be provided to the court and juvenile officer within 30 days of receiving the court order.  The parties to the petition and the Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA) shall be notified in writing that the Division has filed the report.

Family-Centered Services (FCS) will be provided to the family, as appropriate.

1.2.5.4  Safe Place For Newborns (Section 210.950, RSMo.)

This law allows a parent, who expresses intent to not return, to voluntarily relinquish an infant to the physical custody of certain persons, listed below.  A parent safely relinquishing a child no more than one year, who has not been abused or neglected, will not be prosecuted for child abandonment or endangering the welfare of a child.  A parent is provided an affirmative defense to child abandonment and endangering the welfare of a child no more than one year old, if the parent voluntarily delivered the child safely to the physical custody of an authorized person.

Authorized Personnel (who may receive the child):

• An employee, agent, or member of the staff of any hospital who is in a health care provider position or such person in a non-medical paid or volunteer position only when on duty;
• A firefighter or emergency medical technician on duty in a paid position or on duty in a volunteer position; or
• A law enforcement officer.

Such Authorized Personnel are immune from civil, criminal, and administrative liability for accepting physical custody of the child pursuant to this act as long as the person acts in good faith.  These individuals are authorized to take physical custody of the child, and if not already at a hospital, must transport the child immediately to the nearest hospital.  The hospital will treat the child if necessary.

The hospital must also notify the Children’s Division (CD) at the toll-free Child Abuse and Neglect number and contact the local juvenile office.  Calls to the Child Abuse and Neglect Hotline shall be referred to the local county CD office as a Preventive Service referral.

When a parent relinquishes custody of a child to one of the identified professionals listed above, the following applies to the nonrelinquishing parent:

• They must take the steps necessary to establish parentage within thirty (30) days after the public notice or specific notice.
• If he or she fails to establish paternity within the thirty-day (30) period, the nonrelinquishing parent may have all of his or her parental rights terminated with respect to the child.
• When a nonrelinquishing parent inquires at a hospital regarding the child whose custody was relinquished pursuant to this law, the facility shall refer him or her to the CD and juvenile court exercising jurisdiction over the child.