4.3.10  Reports Made out of Harassment or Retaliation

According to Missouri statute (210.152 RSMo.), the Children’s 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.

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 D felony. (210.165 RSMo.)

Staff should make every effort to submit a Harassment Referral Letter (CD-22) to the Prosecuting Attorney’s Office as soon as a determination of harassment is made in order to make the 45 day retention timeframe.

Harassment Determination

If during the investigation process staff suspects that a CA/N report is the result of a call to the CANHU made maliciously, for purposes of harassment, or in retaliation for filing a report, staff should take the following steps:

• Complete investigation response according to policy;
• If the report is unsubstantiated, determine if harassment indicators are present;
• Contact CANHU and obtain a copy of the tape of the report, if necessary.  This tape shall only be listened to by appropriate CD staff and is not to be listened to by any subject of the investigation.
• Enter “yes” under the heading “Harassment” in the CAN-1 system.
• Prepare and submit a Harassment Referral Letter (CD-22) to the prosecuting or circuit attorney;
• Staff will then contact Central Office Policy Unit to delete the identifying information from the system 45 days from the conclusion date.
• The county will be responsible for destroying the paper copies of that report 45 days from the date of the conclusion.

Related Subject: Section 5, Chapter 4, Record Retention and Expungement

4.3.10.1  Harassment Indicators

In making a harassment determination, staff should pay particular attention to the following items as potential indicators:

• Vague or non specific injuries reported;
• Vague or non specific timeframes reported;
• Uncertainty by the reporter in regard to the identity of the perpetrator;
• Admission of a harassment motive by the reporter;
• The reporter has harassed the subject(s) in ways other than making a false CA/N report;
• Pending court action involving child custody or child support;
• There is an estranged relationship between the reporter and subject (s).  The relationship may be a relative, spouse, intimate/personal relationship, etc.;
• Inconsistencies within a report regarding injuries to a child;
• Allegations relate only old injuries which are no longer identifiable;
• More than one unsubstantiated report with similar allegations;

NOTE:  One unsubstantiated report may be a harassment report

• One or more unsubstantiated reports on one perpetrator;
• Erroneous reporter identification information (i.e., name, address, phone, etc,);
• All allegations made by the reporter are unsubstantiated.