210.115. Reports of abuse, neglect, and under age eighteen deaths--persons required to report--deaths required to be reported to the division or child fatality review panel, when--report made to anoth - Missouri Statutes

Reports of abuse, neglect, and under age eighteen deaths--personsrequired to report--deaths required to be reported to the divisionor child fatality review panel, when--report made to another state,when.

210.115. 1. When any physician, medical examiner, coroner, dentist,chiropractor, optometrist, podiatrist, resident, intern, nurse, hospital orclinic personnel that are engaged in the examination, care, treatment orresearch of persons, and any other health practitioner, psychologist,mental health professional, social worker, day care center worker or otherchild-care worker, juvenile officer, probation or parole officer, jail ordetention center personnel, teacher, principal or other school official,minister as provided by section 352.400, RSMo, peace officer or lawenforcement official, or other person with responsibility for the care ofchildren has reasonable cause to suspect that a child has been or may besubjected to abuse or neglect or observes a child being subjected toconditions or circumstances which would reasonably result in abuse orneglect, that person shall immediately report or cause a report to be madeto the division in accordance with the provisions of sections 210.109 to210.183. As used in this section, the term "abuse" is not limited to abuseinflicted by a person responsible for the child's care, custody and controlas specified in section 210.110, but shall also include abuse inflicted byany other person.

2. Whenever such person is required to report pursuant to sections210.109 to 210.183 in an official capacity as a staff member of a medicalinstitution, school facility, or other agency, whether public or private,the person in charge or a designated agent shall be notified immediately.The person in charge or a designated agent shall then become responsiblefor immediately making or causing such report to be made to the division.Nothing in this section, however, is meant to preclude any person fromreporting abuse or neglect.

3. Notwithstanding any other provision of sections 210.109 to210.183, any child who does not receive specified medical treatment byreason of the legitimate practice of the religious belief of the child'sparents, guardian, or others legally responsible for the child, for thatreason alone, shall not be found to be an abused or neglected child, andsuch parents, guardian or other persons legally responsible for the childshall not be entered into the central registry. However, the division mayaccept reports concerning such a child and may subsequently investigate orconduct a family assessment as a result of that report. Such an exceptionshall not limit the administrative or judicial authority of the state toensure that medical services are provided to the child when the child'shealth requires it.

4. In addition to those persons and officials required to reportactual or suspected abuse or neglect, any other person may report inaccordance with sections 210.109 to 210.183 if such person has reasonablecause to suspect that a child has been or may be subjected to abuse orneglect or observes a child being subjected to conditions or circumstanceswhich would reasonably result in abuse or neglect.

5. Any person or official required to report pursuant to thissection, including employees of the division, who has probable cause tosuspect that a child who is or may be under the age of eighteen, who iseligible to receive a certificate of live birth, has died shall report thatfact to the appropriate medical examiner or coroner. If, upon review ofthe circumstances and medical information, the medical examiner or coronerdetermines that the child died of natural causes while under medical carefor an established natural disease, the coroner, medical examiner orphysician shall notify the division of the child's death and that thechild's attending physician shall be signing the death certificate. In allother cases, the medical examiner or coroner shall accept the report forinvestigation, shall immediately notify the division of the child's deathas required in section 58.452, RSMo, and shall report the findings to thechild fatality review panel established pursuant to section 210.192.

6. Any person or individual required to report may also report thesuspicion of abuse or neglect to any law enforcement agency or juvenileoffice. Such report shall not, however, take the place of reporting orcausing a report to be made to the division.

7. If an individual required to report suspected instances of abuseor neglect pursuant to this section has reason to believe that the victimof such abuse or neglect is a resident of another state or was injured as aresult of an act which occurred in another state, the person required toreport such abuse or neglect may, in lieu of reporting to the Missouridivision of family services, make such a report to the child protectionagency of the other state with the authority to receive such reportspursuant to the laws of such other state. If such agency accepts thereport, no report is required to be made, but may be made, to the Missouridivision of family services.

(L. 1975 H.B. 578 § 2, A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et al., A.L. 1991 H.B. 185, A.L. 1993 S.B. 253 merged with S.B. 394, A.L. 1994 S.B. 595, A.L. 1998 H.B. 1556, A.L. 2000 S.B. 757 & 602, A.L. 2002 S.B. 923, et al., A.L. 2003 H.B. 445)

CROSS REFERENCE:

Child abuse, ministers duty to report, RSMo 352.400

(1986) It has been held that a violation of this section does not give rise to a private cause of action. Doe "A" v. Special School District of St. Louis County, 637 F.Supp. 1138 (E.D.Mo.).

(2004) Section criminalizing failure to report child abuse is not unconstitutional under void for vagueness doctrine. State v. Brown, 140 S.W.3d 51 (Mo.banc).