1.3  Court Involved Cases

In court involved cases, the involvement of the Division has been mandated by the Court.  The cases may stem from a CA/N or a non-CA/N referral.  Upon receipt of the court order or ICPC referral, the Children’s Service Worker should initiate the family assessment/homestudy process to evaluate risk factors and determine service needs.  If it is determined the family is not an appropriate candidate for Children’s Division (CD) services, the court should be requested to release the Division from involvement.  If it is determined that ICPC services are not appropriate, the Missouri ICPC coordinator should be informed immediately.  Cases falling into the "court involved" case category include:

1. Court ordered services to the family, such as:
   1. When the juvenile court orders the children of the family to be placed under the supervision of the Division and/or orders the Division to provide protective social services;
   2. When the circuit court grants an ex parte order of protection in behalf of a family to protect them from alleged abuse by an adult household member.  The court may refer a family for services provided by the Division.  Missouri Statute 455.520(2), RSMo, requires the Division to provide appropriate social services to the family or household members during which time an order of protection is in effect.
2. When a circuit court or a client contacts the local Division office regarding the issuance of an ex parte order of protection, the Circuit Manager or designee shall:
   1. Assess the need for direct and/or purchased services;
   2. Determine if purchased services are available;
   3. Immediately, verbally inform the court that the Division commits to providing appropriate services, indicating limitations; and
   4. Provide the court with a written statement of commitment within five (5) working days from the commitment;
      • A circuit court may direct the Division to provide an investigation or fact-finding report on the allegations of an ex parte order of protection petition (granted due to an immediate and present danger of abuse to a child), when those allegations would enable the juvenile court to take jurisdiction of the child, and to provide services.

   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.

   The Division will either conduct a CA/N investigation, if there is a basis for such, or complete a fact-finding report, and file a report with the court and juvenile officer within 30 days. A copy of the report will be provided to the parties to the petition and the Guardian ad Litem (GAL) or Court Appointed Special Advocate (CASA). (RSMo 455.513.1 and 2). The Division shall provide Family Centered Services, as appropriate.

   Related Subject:  Section 2, Chapter 1, Child Abuse/Neglect – Reports Received at CANHU
3. Instances where the circuit court has ordered the Division to supervise parent/child visitation.  Usually the court order follows a custody dispute between the child(ren)'s parents.  In these instances, staff shall comply with the order, but explore and attempt to arrange long-term alternatives to Division supervision.  A request should be made to the court to rescind the order when other viable arrangements are possible.

   NOTE:  Use of the Family-Centered Assessment and Treatment Plan may not be necessary in cases where the circuit court has ordered parent-child visitation and there are no observable treatment needs.

4. Interstate Compact on the Placement of Children (ICPC) when a child is/has been placed with his/her parent from another state.

   The ICPC is a legally binding contract among member states approved by the legislatures of all 50 states, the District of Columbia, and the U.S. Virgin Islands as uniform law. The Compact assures the protection of children crossing state lines and ensures they receive the same supports and services as if they remained in their own state. PL 109-239 holds states accountable for the expeditious placement of children into safe, permanent homes across state lines.

   Related Subject:  Section 4, Chapter 25  Interstate Placements (ICPC and ICAMA)

5. Status offender situations.

   The Division may be ordered to provide services or supervision to a family whose child has been court adjudicated as a status offender.  This means the child was charged with an offense not classified as criminal, or with an offense applicable only to children.

   NOTE:  For purpose of the FCS Case Report (Form SS-63) the “Open Reason” is “A” for court involved cases opened as a result of a CA/N report.  The “Open Reason” is “C” if the case is opened due to a court order not related to a CA/N investigation.