Administrative Review:

The alleged perpetrator can seek administrative review if:

• He or she submits a request for an Administrative Review no later than sixty (60) days from the date he or she received the CA/N Disposition Form Letter for Parents, Non-Custodial Parents, and Alleged Perpetrators, CS-21; or
• He or she submits a request for an Administrative Review within 60 days from the resolution of pending criminal charges.

If the perpetrator files a timely request, the Division cannot list the alleged perpetrator’s name in the Central Registry until such time as the Child Abuse and Neglect Review Board (CANRB) reviews and upholds the Division’s decision. The Administrative Review Process will involve a local Administrative Review, and may involve a review by the CANRB and a De Novo Judicial Review at the Circuit Court.

Direct Judicial Review:

The alleged perpetrator can choose to waive his or her right to the Administrative Review process and proceed directly to a De Novo Judicial Review by filing a petition in Circuit Court within thirty (30) days of the date that he or she received the CS-21.

By filing directly with the Circuit Court, the alleged perpetrator has waived his or her right to the Administrative Review process, and, therefore, his or her name may be placed on the Central Registry.

Notice will be provided to the Division in the form of a summons and a copy of the petition from the Circuit Court.  When the Division receives notice that the perpetrator has filed for Direct Judicial Review, Division staff shall:

• Immediately refer the matter to the Division of Legal Services (DLS) through appropriate supervisory channels. DLS must file a response to the legal proceedings within thirty (30) days of the date that the Division received the paperwork. The referral must include the following:
  1. A copy of all of the legal papers served on the Division;
  2. The exact date that the Division received the legal documents (This can be done by using a date stamp); and,
  3. A complete copy of the entire file that the Division has on the case. Do not send original documents to DLS with the referral.  If DLS needs original documents, DLS will ask for them; and
  4. Ask for legal advice on whether the request for review is a request for direct judicial review.
• The referral needs to be received by DLS no later than ten (10) days from the date that the Division received notice that the alleged perpetrator filed for Direct Judicial Review.
• Update the FACES Participant Characteristics screen to indicate a final determination of POE for child abuse or neglect pending resolution of the court proceedings.

Senate Bill 54 (2011) Review

Pursuant to section 210.152 RSMo., the Children's Division may reopen a case for review if:

1. new, specific, and credible evidence is obtained that the Division's decision was based on fraud or misrepresentation of material facts, and
2.  there is credible evidence that absent such fraud or misrepresentation the division' decision would have been different. 

These reviews may be requested by an alleged perpetrator; an alleged victim; an alleged victim's parent, legal custodian, or legal guardian if the victim is under age 18; or the Office of the Child Advocate.  

These requests are accepted from the point a preponderance of the evidence preliminary finding becomes final up to one (1) year.  The conclusion becomes final when:

• The alleged perpetrator has let sixty (60) days elapse without requesting an appeal; or
• After the CA/N Review Board has upheld a preponderance finding

These cases shall not be reopened for review while the case is pending before a court of this state nor when a court has entered a final judgment after de novo judicial review pursuant to section 210.152.

Related Subject:  Section 2, Chapter 4.5.4 Senate Bill 54 Review; and Section 2, Chapter 4.5.4.1   Senate Bill 54 Review Procedure