MISSOURI DEPARTMENT OF SOCIAL SERVICES CHILDREN’S DIVISION Immediate Safety Intervention Plan

Case Name:

Incident/Case Number:

Date:

We are concerned about (describe Past Harm and/or Future Danger):

To prevent the worries from happening, we will:

If the worries DO start, we will respond by:

These are our safety & support people (name and phone number):

Monitoring / Timeframes:

We understand and have helped develop this Immediate Safety Intervention Plan

Family Member	Date	Family Member	Date

Family Member	Date	Other Support (Specify Relationship)	Date

Worker	Date	Supervisor	Date

What is a Safety Plan?

It is a plan that both parents/legal guardians may agree to follow to protect their child from an identified threat to your child’s safety. The Safety Plan is not a custody or visitation order. Only a judge has the power to issue such orders.

What are the goals of a Safety Plan?

a.	To protect vulnerable children from identified threat of dangers;

b.	To make reasonable efforts to address the problems that the family and the Children’s Division have identified as placing the children at risk of removal from the home;

What if there is already a court custody/visitation order in place and I agree to a Safety Plan, but the other parent does not agree to it; am I required to obey the Safety Plan or am I required to obey the Court’s order?

The Safety Plan cannot override a court order. However, a parent may choose to agree to alter his/her custody or visitation to accommodate the safety needs of a child, so long as they understand that all court orders remain effect until they are modified or terminated by a Judge. A person wishing to terminate participation in the plan should notify the Division and the other parties involved in the plan.

What happens if I believe that obeying the custody or visitation order may put my children’s safety at risk?

If you believe obeying the custody or visitation order will place the safety or health of your children at risk, or if you believe your children may have been victims of a crime, you should call law enforcement and/or seek medical attention for the children. You should also report your belief to your attorney and seek legal advice on what further actions should be taken, and the Children’s Division worker involved in the safety planning of your child(ren) should be notified immediately.

What if I change my mind after I agree to a Safety Plan?

The Children’s Division has no power to enforce a Safety Plan or punish someone for violating the plan. If you want to withdraw from the Safety Plan you can do so at any time, however prior to terminating the Safety Plan you should contact Children’s Division Worker involved in the safety planning of your child(ren) immediately. If the Plan is not being followed and the Division has reason to believe that failure to follow a Safety Plan may place the child’s safety at risk, the Division may make a referral to the Juvenile Officer, the Juvenile Court or law enforcement for further action.

Can the Division change or terminate the Safety Plan?

The Children’s Division may terminate or modify the plan at any time. This may include terminating any services provided by the Division or it may involve modifications to the plan in order to address the threat of danger more effectively. The Division will notify all participants of this change. The Children’s Division may take any action believed necessary to carry out its duties and responsibilities as provided by law.

What if I have agreed to a Safety Plan, but the other parent either has not agreed to the plan or has violated the terms of the plan?

A Safety Plan is voluntary. The Division has no power to require the other parent to agree to follow a Safety Plan, and has no power to punish the other parent for violating the terms of the plan. If the Division has reason to believe that failure to follow a Safety Plan may place the child’s safety, health or welfare at risk, the Division may make a referral to the Juvenile Officer, the Juvenile Court or law enforcement for further action.

Should I get an order of protection (sometimes known as an “ex-parte order “or a “restraining order”) against the other parent?

Children’s Division employees are not attorneys and they cannot give you legal advice. That is a question that you will need to talk to your attorney about.

What is an order of protection, “ex-parte order” or restraining order”?

These are emergency orders that the court can enter to keep someone who is abusing someone else away from them until the court can hold a hearing to decide what to do. Orders can be entered to protect both adults and children. These orders are only entered for a limited period of time. You can apply for an order of protection at the Courthouse. Again, if you are concerned about the safety of you or your child you should get advice from an attorney about whether an order of protection is right for you.

Should I involve an Attorney?

You have a right to consult with an attorney before agreeing to this plan. The Children’s Division employees are not attorneys and they do not give legal advice.

What if I cannot afford an attorney or do not have an attorney?

You can call the Missouri Bar Lawyer Referral Service at 573-636-3635 for referral information. You can also call the Legal Aid office that serves your area to see if you qualify for free legal advice or services. The contact information for your local office can be accessed via the internet at: http://www.lsmo.org/Home/PublicWeb or you can ask your Children’s Division worker for the number.