§7 Glossary

Children’s Division Glossary "D"

Section 7 is the glossary and reference chapters. The terms in this glossary are legal, medical, psychological, and practice terms commonly used by Children’s Division (CD). However, some of the definitions may not reflect the meaning that the general public uses.

Select a letter from the row below or scroll down to browse the index. Then select a topic from the index list.

- D -

DECREE:
A decision or sentence given in a cause by the court.
DEFENDANT:
A defending party, the person sued or accused, opposite to the plaintiff.
DELAYED CONCLUSION:
When it is not possible to complete an investigation or assessment within 45 days, for reasons other than worker delay, this code may be used. There are five reasons identified which would justify the use of this code:
  1. The worker is waiting for a critical psychological/medical report.
  2. The juvenile court is conducting the investigation and has not completed same.
  3. A co-investigation with law enforcement is being conducted and is not completed.
  4. The family refused to cooperate, and was referred to the juvenile court.
  5. The worker has made a request for assistance from another county or state and critical information has not been received.
DELINQUENCY:
Behavior by a juvenile that is anti-social or in violation of the law.
DELINQUENT:
A juvenile who has been classified as such through court proceedings.
DEPENDENCY:
A situation where a child is dependent upon another for financial support.
DEPOSITION:
Written testimony of a witness taken by competent authorities before the trial, which may be used at the trial.
DESIGNEE:
Any staff member appointed by the Division director to carry out the director’s responsibilities. Also, an action which can be done at the local level by the county director.
DETAINER:
A writ or instrument issued or made by a competent officer of the court, authorizing the proper agency to keep in its custody a person therein named.
DETENTION FACILITY:
A place of temporary care for juveniles in judicial custody pending court disposition and includes facilities which are physically confining and those which provide care for juveniles.
DETENTION HEARING:
A court hearing held to determine whether a child should be kept away from his/her parents until a full trial (adjudication) of neglect or abuse allegations can take place. This hearing is usually held within 72 hours after the filing of a petition to remove the child(ren) from the parents. (Missouri Supreme Court Rules 111.07 and 111.08).
DEVELOPMENTAL DISABILITY:
A severe, chronic disability of a person which (a) is attributable to a mental or physical impairment or combination of mental and physical impairment; (b) is manifested before the person attains age 22; (c) is likely to continue indefinitely; (d) results in substantial functional limitation in three or more of the following areas of major life activity:  (1) self-care; (2) receptive expressive language; (3) learning; (4) mobility; (5) self-direction; (6) capacity for independent living; and (7) economic self-sufficiency; and (e) reflects the person’s need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services which are of lifelong or extended duration and are individually planned and coordinated.
DILIGENT SEARCH:
Includes efforts to locate or identify the natural parents or relatives of a child, initiated as soon as the division is made aware of the existence of the parent or relative, with progress reports at each court hearing until the parent or relative is identified and located or the court excuses further search.
DIRECT SERVICES:
Services given to a family by the Children’s Service Worker. Services which are not purchased.
DISCIPLINE:
Relates to discipline techniques which resulted in injury or could place the child at risk of physical injury (unreasonable spanking, biting, kicking, slapping, excessive exercise, and denial of basic needs, as a means of discipline).
DISPOSITION:
A report of the final determination and decision of the court regarding a legal case.
DISPOSITIONAL HEARING:
Court hearing to hear evidence on the question of what plan would be in the best interest of the child. (Child has already been found to be within the jurisdiction of the court through adjudication.)
DISPOSITIONAL REVIEW HEARING:
This court hearing should be held within 90 days of the Dispositional Hearing and may be held as often as needed to determine the appropriate permanency plan for the child.
DIVERSION:
Procedures for handling related minor problems informally, without referral to the juvenile court.
DIVISION DIRECTOR:
The director of the Missouri Children’s Division.
DOMESTIC VIOLENCE:
A pattern of assaultive and coercive behaviors, including physical, sexual, and psychological attacks, as well as stalking and economic coercion, that any person uses against a family or household member including, spouses, former spouses, any person related by blood or marriage, persons who are presently residing together or have resided together in the past, any person who is or has been in a continuing social relationship of a romantic or intimate nature with the victim, and anyone who has a child in common regardless of whether they have been married or have resided together at any time.  (Section 455.010 RSMo.)
DUE PROCESS:
The constitutionally guaranteed right of persons to be treated by the law with fundamental fairness. In juvenile delinquency proceedings, these include the right to adequate notice in advance of the hearing, the right to counsel, the right to confront and cross-examine witnesses, the right to refuse to give self-incriminating testimony, and the right to have allegations of the conduct that would be criminal if committed by an adult proven beyond a reasonable doubt.
DUTY TO WARN:
The duty of agency staff to inform an identified individual or ascertainable group there is a foreseeable danger or threat of harm exists and failure to act could result in injury.