4.1 CA/N Reports
State Statute requires the expungement of certain records. Listed below are time frames for retention or expungement of CA/N and other reports, as established in section 210.152 (1) through (4), RSMo.
After confirming that a case qualifies for expungement based on guidelines listed below, local staff must take several steps to fulfill the expungement.
- Staff shall mark the case for deletion in the FACES database. This is accomplished by entering the case call number into FACES on the “Immediate Deletion of a CA/N Report” screen.
- Staff should maintain a log of reports that have been marked for deletion and disposed of.
- Staff must destroy the paper copy of the report immediately.
Local protocols must be developed to determine the process for which these will occur, including who will be responsible for monitoring the destruction of the paper file and entering the case number information into FACES for deletion.
Determine status:
- Retain all "court adjudicated" reports indefinitely if the court adjudication occurs on or after August 28, 1991. "Court adjudicated" cases adjudicated before August 28, 1991, shall be destroyed ten years from the date of the CA/N report or case closing, whichever is later;
- Retain all reports found to be "probable cause" that are received on or after August 28, 1994, through August 27, 2004.
- Retain all reports found to be “Preponderance of Evidence” that are received on or after August 28, 2004.
- Destroy record ten years from date of report or closing of a case, whichever is later, if coded as "reason to suspect" or “unable to locate” through August 27, 1994.
- CA/N conclusions "unsubstantiated," "unsubstantiated – preventive services Indicated," will be destroyed as follows:
- Effective August 28, 2005, for all investigations with a finding of “unsubstantiated” and were found by the Division to be made maliciously, for purposes of harassment or in retaliation for the filing of a report” (210.152 RSMo.) identifying information will be destroyed forty-five (45) days from the conclusion of the investigation.
- Effective August 28, 2000 through August 27, 2004, reports screened as investigations, where insufficient evidence of abuse or neglect is found by the division and the report has been initiated by a mandated reporter, shall be destroyed by the division ten years from the date of the report. Effective August 28, 2004, reports screened as investigations, where insufficient evidence of abuse or neglect is found by the division and the report has been initiated by a mandated reporter, shall be destroyed by the division five years from the date of the report. All other investigation reports received after August 28, 2000, where insufficient evidence of abuse or neglect is found by the division, shall be destroyed by the division two years from the date of the report.
- If the CA/N report was received on August 28, 1999, through August 27, 2000, the case shall be destroyed two years from the date of the CA/N report finding. If a case is opened as a result of the CA/N report or subsequent reports are received, the record will be destroyed five years from the date of the case closing or from the date of the last report, if there were subsequent reports, whichever is later.
- If the CA/N report was received between August 28, 1991, and August 27, 1999, the case shall be destroyed five years from the date of the CA/N report, case closing, or from the date of the last report if there were subsequent reports.
- If the CA/N report was received before August 28, 1991, information pertaining to the investigation shall be destroyed 90 days from the CA/N report date.
- CA/N reports with conclusions of "located out of state," and "home schooling" will be destroyed five years from the date of the report, case closing, or from the date of the last report if there were subsequent reports.
- Destroy record immediately if CA/N conclusion is "inappropriate report."
- Retain family intervention determination cases indefinitely.
NOTE: If further exculpatory documentation (evidence which provides additional proof that abuse/neglect did not occur) becomes available, the information should be added to the investigative record.
4.1.1 Family Assessments
Family assessments completed in response to a CA/N report are retained indefinitely.
4.1.2 Newborn Crisis Assessment
Newborn crisis assessment (“A” reports), non-caretaker referral (“N” reports), and preventive service referral (“P” reports) records are expunged at five years after the closing date.
4.1.3 Mandated Reporter Referrals
Mandated reporter referrals (“M” reports) are destroyed at five years unless a Family Assessment/Services record (FCS) was already open at the time of the referral or is opened subsequent to the referral. In the above situations, the information should be placed in the record and retained based on policy.
4.1.4 Unable to Locate Records
Requests for copies of case records may be received from many sources including a family’s legal representative, the reporter, medical personnel, interdisciplinary team members and others.
If the physical case record cannot be located, staff should expunge the information in the Child Abuse and Neglect automated system by entering the case call number into FACES on the “Immediate Deletion of a CA/N Report” screen. However, data in the CA/N automated system should be expunged only after a thorough and complete search for the physical case record has been conducted.
| Court Adjudicated | Before 8/28/91 - Expunge 10 years from date of CA/N Report or case closing | On or after 8/28/91 - Retain indefinitely | |||||
|---|---|---|---|---|---|---|---|
| Reason to Suspect | Before 8/27/94 - Destroy 10 years from date of report or closing of case (which ever is later.) | N/A | |||||
| Probable Cause | N/A | On or after 8/28/94 through 8/27/04 - Retain Indefinitely | N/A | ||||
| Preponderance of Evidence | N/A | On or After 8/28/04 -, Retain Indefinitely | |||||
| Unsubstantiated or Unsubstantiated-Preventive Services Indicated | Before 8/28/91- All information pertaining to the Investigation shall be destroyed 90 days from the CA/N report date | On or after August 28, 1991 through August 27, 1999 - The case shall be destroyed five years from the date of the CA/N report, case closing or from the date of the last report if there were subsequent reports. | On or after 8/28/99 through and 8/27/00 - Destroy two years from the date of CA/N report finding or if a case is opened as a result of CA/N report or subsequent reports are received destroy five years from the case closing or from the date of the last subsequent report, whichever is later. | On or After 8/28/00 - If made by permissive reporter destroy 2 years from the date of CA/N report | |||
| On or after 8/28/00 through 8/27/04. If the ca/n was made by a mandated reporter destroy 10 years from the date of CA/N report | On or after 8/28/04 - If the ca/n was made by a mandated reporter destroy 5 years from the date of CA/N report | ||||||
| Unsubstantiated and Report was Found to be Harassment | N/A | On or after 8/28/05 - Destroy identifying information 45 days from conclusion | |||||
| Located Out of State or Home Schooling |
Destroyed five years from the date of the report, case closing or from the date of the last report if there were subsequent reports. | ||||||
| Inappropriate Report | Destroy record immediately if CA/N is concluded as “Inappropriate Report”. | ||||||
| Unable to Locate | Destroy 10 years from date of report or closing of a case (whichever is later.) | ||||||
| Family Assessments | Retain Indefinitely | ||||||
| A, M, N, and P, Referrals | Destroy 5 years after closing date unless an FCS case was open at the time of the referral or subsequent to the referral. In the above situations, the information should be placed in the record and retained based on policy. |
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| F-Referrals | Retain Indefinitely | ||||||
Chapter Memoranda History: (prior to 1/31/07)
CD04-67, CD04-79, CD05-68, CD05-72, CD06-27