210.109. Child protection system established by children's division, duties, records, investigations or assessments and services--central registry maintained. - Missouri Statutes

Child protection system established by children's division, duties,records, investigations or assessments and services--centralregistry maintained.

210.109. 1. The children's division shall establish a childprotection system for the entire state.

2. The child protection system shall promote the safety of childrenand the integrity and preservation of their families by conductinginvestigations or family assessments and providing services in response toreports of child abuse or neglect. The system shall coordinate communityresources and provide assistance or services to children and familiesidentified to be at risk, and to prevent and remedy child abuse andneglect.

3. In addition to any duties specified in section 210.145, inimplementing the child protection system, the division shall:

(1) Maintain a central registry;

(2) Receive reports and establish and maintain an information systemoperating at all times, capable of receiving and maintaining reports;

(3) Attempt to obtain the name and address of any person making areport in all cases, after obtaining relevant information regarding thealleged abuse or neglect, although reports may be made anonymously; exceptthat, reports by mandatory reporters under section 210.115, includingemployees of the children's division, juvenile officers, and schoolpersonnel shall not be made anonymously, provided that the reporter shallbe informed, at the time of the report, that the reporter's name and anyother personally identifiable information shall be held as confidential andshall not be made public as provided under this section and section211.319, RSMo;

(4) Upon receipt of a report, check with the information system todetermine whether previous reports have been made regarding actual orsuspected abuse or neglect of the subject child, of any siblings, and theperpetrator, and relevant dispositional information regarding such previousreports;

(5) Provide protective or preventive services to the family and childand to others in the home to prevent abuse or neglect, to safeguard theirhealth and welfare, and to help preserve and stabilize the family wheneverpossible. The juvenile court shall cooperate with the division inproviding such services;

(6) Collaborate with the community to identify comprehensive localservices and assure access to those services for children and familieswhere there is risk of abuse or neglect;

(7) Maintain a record which contains the facts ascertained whichsupport the determination as well as the facts that do not support thedetermination;

(8) Whenever available and appropriate, contract for the provision ofchildren's services through children's services providers and agencies inthe community; except that the state shall be the sole provider of childabuse and neglect hotline services, the initial child abuse and neglectinvestigation, and the initial family assessment. The division shallattempt to seek input from child welfare service providers in completingthe initial family assessment. In all legal proceedings involving childrenin the custody of the division, the division shall be represented in courtby either division personnel or persons with whom the division contractswith for such legal representation. All children's services providers andagencies shall be subject to criminal background checks pursuant to chapter43, RSMo, and shall submit names of all employees to the family care safetyregistry.

As used in this subsection, "report" includes any telephone call madepursuant to section 210.145.

(L. 1994 S.B. 595, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343 merged with S.B. 358, A.L. 1998 H.B. 1556 merged with S.B. 961, A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1453)

CROSS REFERENCE:

Application of law to adoption petitions filed on or after August 28, 1997, RSMo 453.012

(2005) Failure by state social workers to comply with mandatory state-created procedures in section does not constitute a procedural or substantive due process violation protected under the Fourteenth Amendment. Forrester v. Bass, 397 F.3d 1047 (8th Cir.).