210.110. Definitions. - Missouri Statutes

Definitions.

210.110. As used in sections 210.109 to 210.165, and sections 210.180 to210.183, the following terms mean:

(1) "Abuse", any physical injury, sexual abuse, or emotional abuseinflicted on a child other than by accidental means by those responsible forthe child's care, custody, and control, except that discipline includingspanking, administered in a reasonable manner, shall not be construed to beabuse;

(2) "Assessment and treatment services for children under ten yearsold", an approach to be developed by the children's division which willrecognize and treat the specific needs of at-risk and abused or neglectedchildren under the age of ten. The developmental and medical assessment maybe a broad physical, developmental, and mental health screening to becompleted within thirty days of a child's entry into custody and every sixmonths thereafter as long as the child remains in care. Screenings may beoffered at a centralized location and include, at a minimum, the following:

(a) Complete physical to be performed by a pediatrician familiar withthe effects of abuse and neglect on young children;

(b) Developmental, behavioral, and emotional screening in addition toearly periodic screening, diagnosis, and treatment services, including a coreset of standardized and recognized instruments as well as interviews with thechild and appropriate caregivers. The screening battery may be performed by alicensed mental health professional familiar with the effects of abuse andneglect on young children, who will then serve as the liaison between allservice providers in ensuring that needed services are provided. Suchtreatment services may include in-home services, out-of-home placement,intensive twenty-four-hour treatment services, family counseling, parentingtraining and other best practices.

Children whose screenings indicate an area of concern may complete acomprehensive, in-depth health, psychodiagnostic, or developmental assessmentwithin sixty days of entry into custody;

(3) "Central registry", a registry of persons where the division hasfound probable cause to believe prior to August 28, 2004, or by apreponderance of the evidence after August 28, 2004, or a court hassubstantiated through court adjudication that the individual has committedchild abuse or neglect or the person has pled guilty or has been found guiltyof a crime pursuant to section 565.020, 565.021, 565.023, 565.024 or 565.050,RSMo, if the victim is a child less than eighteen years of age, section566.030 or 566.060, RSMo, if the victim is a child less than eighteen years ofage, or other crime pursuant to chapter 566, RSMo, if the victim is a childless than eighteen years of age and the perpetrator is twenty-one years of ageor older, section 567.050, RSMo, if the victim is a child less than eighteenyears of age, section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or568.090, RSMo, section 573.025 or 573.035, RSMo, or an attempt to commit anysuch crimes. Any persons placed on the registry prior to August 28, 2004,shall remain on the registry for the duration of time required by section210.152;

(4) "Child", any person, regardless of physical or mental condition,under eighteen years of age;

(5) "Children's services providers and agencies", any public,quasi-public, or private entity with the appropriate and relevant training andexpertise in delivering services to children and their families as determinedby the children's division, and capable of providing direct services and otherfamily services for children in the custody of the children's division or anysuch entities or agencies that are receiving state moneys for such services;

(6) "Director", the director of the Missouri children's division withinthe department of social services;

(7) "Division", the Missouri children's division within the departmentof social services;

(8) "Family assessment and services", an approach to be developed by thechildren's division which will provide for a prompt assessment of a child whohas been reported to the division as a victim of abuse or neglect by a personresponsible for that child's care, custody or control and of that child'sfamily, including risk of abuse and neglect and, if necessary, the provisionof community-based services to reduce the risk and support the family;

(9) "Family support team meeting" or "team meeting", a meeting convenedby the division or children's services provider in behalf of the family and/orchild for the purpose of determining service and treatment needs, determiningthe need for placement and developing a plan for reunification or otherpermanency options, determining the appropriate placement of the child,evaluating case progress, and establishing and revising the case plan;

(10) "Investigation", the collection of physical and verbal evidence todetermine if a child has been abused or neglected;

(11) "Jail or detention center personnel", employees and volunteersworking in any premises or institution where incarceration, evaluation, care,treatment or rehabilitation is provided to persons who are being held undercustody of the law;

(12) "Neglect", failure to provide, by those responsible for the care,custody, and control of the child, the proper or necessary support, educationas required by law, nutrition or medical, surgical, or any other carenecessary for the child's well-being;

(13) "Preponderance of the evidence", that degree of evidence that is ofgreater weight or more convincing than the evidence which is offered inopposition to it or evidence which as a whole shows the fact to be proved tobe more probable than not;

(14) "Probable cause", available facts when viewed in the light ofsurrounding circumstances which would cause a reasonable person to believe achild was abused or neglected;

(15) "Report", the communication of an allegation of child abuse orneglect to the division pursuant to section 210.115;

(16) "Those responsible for the care, custody, and control of thechild", those included but not limited to the parents or guardian of a child,other members of the child's household, or those exercising supervision over achild for any part of a twenty-four-hour day. Those responsible for the care,custody and control shall also include any adult who, based on relationship tothe parents of the child, members of the child's household or the family, hasaccess to the child.

(L. 1975 H.B. 578 § 1, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1453, A.L. 2005 H.B. 568)

(2007) Provisions of this section requiring inclusion in the central registry before a finding of abuse or neglect by a preponderance of the evidence by the child Abuse and Neglect Review Board violate due process, and are invalid. Jamison v. State, 218 S.W.3d 399 (Mo.banc).