§2 ch4: Investigation Response
4.1.7 Referral to Juvenile Court
Refer to circuit or prosecuting attorney and juvenile court when any or all of the following conditions exist:
- The juvenile court does not take action and prosecution appears to be the only way to ensure child protection;
- There is evidence that a child has been involved in pornography or prostitution;
- The death of a child has occurred due to abuse/neglect;
- Removal of child is not done by the juvenile court after our recommendation, and we have reason to believe the child is in immediate danger;
- A juvenile office employee is the alleged perpetrator;
- The alleged perpetrator(s) of child abuse is involved in more than one incident which causes serious injury; or,
- The law enforcement official involved in the investigation feels that a criminal act has occurred and a referral to the prosecuting attorney is appropriate.
NOTE: It is preferable for the law enforcement agency to make the referral to the prosecuting attorney. However, if they will not, CD can proceed with a referral through the Circuit Manager or designee.
Children's Service Workers may, with appropriate supervisory approval, report other injuries or disabilities to law enforcement authorities, or circuit or prosecuting attorney.
184.108.40.206 Protective Custody
In some circumstances staff shall determine that a referral for protective custody of a child is necessary.
Document that a preliminary screening took place for Intensive In-Home Services (IIS) and that a referral for IIS is made.
A preliminary screening for IIS, in keeping with Section 211.180, RSMo, is required in all cases when there are plans to recommend removal of the child(ren) or the child(ren) has already been removed. The screening should involve discussing concerns for the welfare of the child(ren) with the family and informing them of the decision to recommend out-of-home placement. Advise family that IIS is a resource that may be available to them which could help prevent placement of the children. The information, including risk to the child, will be discussed with the supervisor. If there is willingness by at least one caregiver to receive IIS, and safety of the child with IIS can be reasonably assured, refer the family to the program immediately. If the family is accepted for IIS, it is not necessary to continue with placement activities. The juvenile office should be informed about referrals to IIS according to local procedures.
As a result of the screening, a referral for IIS will be made for all children except in the following situations:
- When child(ren) cannot be adequately protected during the referral and assessment process and must be removed in an emergency basis; or
- When all caregivers have indicated that they will not cooperate with IIS.
Notify appropriate authority, i.e., juvenile officer, law enforcement official, supervisor, etc., including identification of the child as a Native American, if appropriate. All incidents of child abandonment must be reported to law enforcement.
NOTE: It is the legal responsibility of law enforcement, juvenile office or physician to determine when protective custody is necessary. CD staff should provide their professional opinion to the official in making such a determination.
Staff shall request that form CS-33 be completed if protective custody is taken by law enforcement or juvenile officer and no court order has been obtained. If the child is to be removed from a school setting by staff, staff must have a court order specifying the child is to be removed from the school premises. Other actions to be taken by the worker include:
- Secure medical attention, if indicated;
- Notify parent(s) of decision to place the child in alternative care;
- Arrange for alternative care placement; and
- Record all activities of investigation and placement within five (5) working days.
Chapter Memoranda History: (prior to 1/31/07)