210.152. Reports of abuse or neglect--division to retain certain information--confidential, released only to authorized persons--report removal, when--notice of agency's determination to retain or - Missouri Statutes

Reports of abuse or neglect--division to retain certaininformation--confidential, released only to authorized persons--reportremoval, when--notice of agency's determination to retain orremove, sent when--administrative review of determination--de novojudicial review.

210.152. 1. All identifying information, including telephone reportsreported pursuant to section 210.145, relating to reports of abuse orneglect received by the division shall be retained by the division andremoved from the records of the division as follows:

(1) For investigation reports contained in the central registry,identifying information shall be retained by the division;

(2) (a) For investigation reports initiated against a personrequired to report pursuant to section 210.115, where insufficient evidenceof abuse or neglect is found by the division and where the divisiondetermines the allegation of abuse or neglect was made maliciously, forpurposes of harassment or in retaliation for the filing of a report by aperson required to report, identifying information shall be expunged by thedivision within forty-five days from the conclusion of the investigation;

(b) For investigation reports, where insufficient evidence of abuseor neglect is found by the division and where the division determines theallegation of abuse or neglect was made maliciously, for purposes ofharassment or in retaliation for the filing of a report, identifyinginformation shall be expunged by the division within forty-five days fromthe conclusion of the investigation;

(c) For investigation reports initiated by a person required toreport under section 210.115*, where insufficient evidence of abuse orneglect is found by the division, identifying information shall be retainedfor five years from the conclusion of the investigation. For all otherinvestigation reports where insufficient evidence of abuse or neglect isfound by the division, identifying information shall be retained for twoyears from the conclusion of the investigation. Such reports shall includeany exculpatory evidence known by the division, including exculpatoryevidence obtained after the closing of the case. At the end of such timeperiod, the identifying information shall be removed from the records ofthe division and destroyed;

(3) For reports where the division uses the family assessment andservices approach, identifying information shall be retained by thedivision;

(4) For reports in which the division is unable to locate the childalleged to have been abused or neglected, identifying information shall beretained for ten years from the date of the report and then shall beremoved from the records of the division.

2. Within ninety days after receipt of a report of abuse or neglectthat is investigated, the alleged perpetrator named in the report and theparents of the child named in the report, if the alleged perpetrator is nota parent, shall be notified in writing of any determination made by thedivision based on the investigation. The notice shall advise either:

(1) That the division has determined by a probable cause findingprior to August 28, 2004, or by a preponderance of the evidence afterAugust 28, 2004, that abuse or neglect exists and that the division shallretain all identifying information regarding the abuse or neglect; thatsuch information shall remain confidential and will not be released exceptto law enforcement agencies, prosecuting or circuit attorneys, or asprovided in section 210.150; that the alleged perpetrator has sixty daysfrom the date of receipt of the notice to seek reversal of the division'sdetermination through a review by the child abuse and neglect review boardas provided in subsection 3 of this section; or

(2) That the division has not made a probable cause finding ordetermined by a preponderance of the evidence that abuse or neglect exists.

3. Any person named in an investigation as a perpetrator who isaggrieved by a determination of abuse or neglect by the division asprovided in this section may seek an administrative review by the childabuse and neglect review board pursuant to the provisions of section210.153. Such request for review shall be made within sixty days ofnotification of the division's decision under this section. In those caseswhere criminal charges arising out of facts of the investigation arepending, the request for review shall be made within sixty days from thecourt's final disposition or dismissal of the charges.

4. In any such action for administrative review, the child abuse andneglect review board shall sustain the division's determination if suchdetermination was supported by evidence of probable cause prior to August28, 2004, or is supported by a preponderance of the evidence after August28, 2004, and is not against the weight of such evidence. The child abuseand neglect review board hearing shall be closed to all persons except theparties, their attorneys and those persons providing testimony on behalf ofthe parties.

5. If the alleged perpetrator is aggrieved by the decision of thechild abuse and neglect review board, the alleged perpetrator may seek denovo judicial review in the circuit court in the county in which thealleged perpetrator resides and in circuits with split venue, in the venuein which the alleged perpetrator resides, or in Cole County. If thealleged perpetrator is not a resident of the state, proper venue shall bein Cole County. The case may be assigned to the family court divisionwhere such a division has been established. The request for a judicialreview shall be made within sixty days of notification of the decision ofthe child abuse and neglect review board decision. In reviewing suchdecisions, the circuit court shall provide the alleged perpetrator theopportunity to appear and present testimony. The alleged perpetrator maysubpoena any witnesses except the alleged victim or the reporter. However,the circuit court shall have the discretion to allow the parties to submitthe case upon a stipulated record.

6. In any such action for administrative review, the child abuse andneglect review board shall notify the child or the parent, guardian orlegal representative of the child that a review has been requested.

(L. 1982 H.B. 1171, et al., A.L. 1986 S.B. 470, A.L. 1990 H.B. 1370, et al., A.L. 1991 H.B. 185, A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L. 2004 H.B. 1453, A.L. 2005 S.B. 155)

*Words "section 210.015" appear in original rolls, a typographical error.

(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).