210.153. Child abuse and neglect review board, established, members, duties, records, rules.

MISSOURI STATUTES AND CODES

210.153. Child abuse and neglect review board, established, members, duties, records, rules.

Child abuse and neglect review board, established, members, duties,records, rules.

210.153. 1. There is hereby created in the department of socialservices the "Child Abuse and Neglect Review Board", which shall provide anindependent review of child abuse and neglect determinations in instancesin which the alleged perpetrator is aggrieved by the decision of thechildren's division. The division may establish more than one board toassure timely review of the determination.

2. The board shall consist of nine members, who shall be appointed bythe governor with the advice and consent of the senate, and shall include:

(1) A physician, nurse or other medical professional;

(2) A licensed child or family psychologist, counselor or socialworker;

(3) An attorney who has acted as a guardian ad litem or otherattorney who has represented a subject of a child abuse and neglect report;

(4) A representative from law enforcement or a juvenile office.

3. Other members of the board may be selected from:

(1) A person from another profession or field who has an interest inchild abuse or neglect;

(2) A college or university professor or elementary or secondaryteacher;

(3) A child advocate;

(4) A parent, foster parent or grandparent.

4. The following persons may participate in a child abuse and neglectreview board review:

(1) Appropriate children's division staff and legal counsel for thedepartment;

(2) The alleged perpetrator, who may be represented pro se or berepresented by legal counsel. The alleged perpetrator's presence is notrequired for the review to be conducted. The alleged perpetrator maysubmit a written statement for the board's consideration in lieu ofpersonal appearance; and

(3) Witnesses providing information on behalf of the child, thealleged perpetrator or the department. Witnesses shall only be allowed toattend that portion of the review in which they are presenting information.

5. The members of the board shall serve without compensation, butshall receive reimbursement for reasonable and necessary expenses actuallyincurred in the performance of their duties.

6. All records and information compiled, obtained, prepared ormaintained by the child abuse and neglect review board in the course of anyreview shall be confidential information.

7. The department shall promulgate rules and regulations governingthe operation of the child abuse and neglect review board except asotherwise provided for in this section. These rules and regulations shall,at a minimum, describe the length of terms, the selection of thechairperson, confidentiality, notification of parties and time frames forthe completion of the review.

8. Findings of probable cause to suspect prior to August 28, 2004, orfindings by a preponderance of the evidence after August 28, 2004, of childabuse and neglect by the division which are substantiated by courtadjudication shall not be heard by the child abuse and neglect reviewboard.