DESCRIPTION OF THE INVESTIGATION PROCESS

The Children’s Division has received a report of child abuse or neglect which involves you or a member of your family. The investigation is being undertaken by the Division pursuant to the requirements of chapter 210 of the Revised Statutes of Missouri in response to a report of child abuse or neglect, which requires the Division to investigate reports of child abuse and neglect.

The identity of the person who reported the incident of abuse or neglect is confidential and may not even be known to the Division, since the report could have been made anonymously.

During the investigation, the Division will decide if abuse or neglect has occurred. The investigation may include: collecting evidence, interviewing witnesses and family members, and contacting persons who know the child and family. The Division will also offer assistance to families who are in need of services. The primary purpose of this investigation is to determine by a "preponderance of evidence" whether child abuse or neglect has taken place and to assess whether the child or family may need social services which may be provided by the Division. The Division's role is not to conduct a criminal investigation, although information uncovered in the investigation may be shared with law enforcement, if appropriate. Missouri Law requires the Division to communicate the status of a report to the local public school district liaison or principal of a private school. Information contained in the record will remain confidential and will not be released to anyone except as provided in Chapter 210 RSMo. or by court order.

This investigation is required by law to be conducted in order to enable the Division to identify incidents of abuse or neglect in order to provide protective or preventative social services to families who are in need of such services. If a child fatality or near-fatality is involved in a report of abuse or neglect, the CA/N Investigation shall remain open until the Division's investigation surrounding the child’s death or near-fatality has been completed. Under Section 210.145 RSMo., the Division will make every attempt to complete this investigation within forty-five (45) days, unless good cause for delay exists. You will be notified once the investigation is completed.

You will receive a letter from the Division which will inform you of one of the following:

(1) that the Division has found insufficient evidence of abuse or neglect; or

(2) that there appears to be by a preponderance of the evidence reason to suspect the existence of child abuse or neglect in the judgment of the Division, and the Division will contact the family to offer social services.

State law requires final determinations of "preponderance of evidence" and "court adjudicated" to be retained by the Division forever. A final determination of "preponderance of evidence" of abuse or neglect or "court adjudicated" may affect employment decisions made by an employer or potential employer, if the employer or potential employer requests a background screening.

ALLEGED PERPETRATOR APPEAL PROCESS: If the Division determines by a preponderance of evidence that child abuse or neglect occurred and you disagree with the decision, you may choose one, but not both, of the following ways to have the decision reviewed:

ADMINISTRATIVE REVIEW PROCESS: You must request an administrative review within sixty (60) days of notification of the preliminary preponderance of evidence finding through the Division office which completed the investigation. The determination will be final when: 1) The alleged perpetrator fails to request an appeal within sixty (60) days from receiving the notification letter; 2) The finding of preponderance of evidence is upheld in the administrative review process; or 3) The finding has been substantiated by court adjudication. In those cases where the Division has received notice that there are pending criminal charges filed with the court, the request for administrative review must be submitted within sixty (60) days from the court’s final disposition of the criminal charges, or dismissal of the charges. However, if there are no criminal charges pending during the sixty (60) days after you receive notice you must file your request for review within sixty (60) days or your request for administrative review will not be timely. A timely request for review submitted prior to a resolution of the criminal charge(s) will be considered filed with the Division at the time that the criminal charge(s) are resolved. If you ask for administrative review, the Division will have an administrator review the report. If the administrator upholds the decision, the Division will refer your request for review to the Child Abuse and Neglect Review Board (CANRB). If you disagree with the decision of the CANRB, then you can seek de novo judicial review in Circuit Court. The procedures for seeking administrative review are set out in Sections 210.152 and 210.153 RSMo. and at 13 CSR 35-31.025. If you make a timely request for administrative review, your name will not be listed in the Central Registry unless and until the administrative review process is complete and the decision is affirmed by the CANRB.

DIRECT JUDICIAL REVIEW: You may waive independent review by the CANRB and instead file a petition in the circuit court for the de novo review of the Division’s decision. Your petition for direct judicial review must be filed within 30 days after you receive notice of the Division’s decision. See Sections 210.152, 210.153 and 536.100 RSMo. and 13 CSR 35-31.025. However, if you choose to waive administrative review and request direct judicial review, then the Division will immediately list your name in the Central Registry pending the decision of the Court.

REQUESTING A COPY OF THE DIVISION’S RECORD: You, or your legal representative, have the right to review the findings of the Division and information in the record, except for situations as explained below. See Section 210.150 RSMo. However, the name or identity of the person who made the report is confidential and will not be released to the alleged perpetrator. The Division may be required to redact other information which is confidential as a matter of law. Information contained in the record will remain confidential and will not be released to anyone except as provided in Chapter 210 RSMo. Requests for copies of the record should be made in writing to the local Division office.

Please note, pursuant to Pitts v. Williams and Levy, 315 S.W.3d 755(2010) the following applies:

An alleged perpetrator is legally entitled to access to the Division’s investigative information in the following situations under Section 210.150.2(5) RSMo.: 1) There is a pending criminal investigation but no formal criminal charges have been filed in court; 2) The alleged perpetrator has been indicted for a misdemeanor; 3) The alleged perpetrator has been charged with a misdemeanor by the filing of an information; 4) The alleged perpetrator has been charged with a felony by indictment; or, 5) The alleged perpetrator has been charged with a felony by the filing of criminal complaint in court arising out of the facts and circumstances identified in the investigative records and the felony complaint has resulted in an information after a preliminary hearing has been held or the alleged perpetrator has waived preliminary hearing and information and the case has been bound over for trial.

An alleged perpetrator may not have access to the information contained in the Division’s record under Section 210.150.2(5) and 210.150.3(3) RSMo. in cases where the alleged perpetrator has been formally charged with a felony by the filing of a criminal complaint in court arising out of the facts and circumstances identified in the investigative records and where the felony complaint has not yet resulted in an information after a preliminary hearing and the preliminary hearing has not been waived.

It is the obligation of the alleged perpetrator to keep the Division and the CANRB informed of his or her current address and contact information. If the address or contact information changes, the alleged perpetrator must promptly notify the Division. All notices will be sent to the alleged perpetrator’s address of record, unless the Division receives a written entry of appearance by counsel. Upon receipt of a written entry of appearance, any subsequent notices and correspondence will be addressed to the alleged perpetrator’s attorney of record.

STATEMENT OF CONSUMER RIGHTS You have certain rights with regard to services that our agency may provide. These rights include the right to: Services without discrimination regardless of your age, race, religion, ethnicity, family background, sexual orientation or disability; Be treated with respect; Be active in making a service plan that meets your needs; Refuse to participate in the services that are offered unless you are ordered to participate in services by a court of competent jurisdiction; Know and understand what may happen if you refuse to accept services that are offered; Protection of confidential information according to state statutes; and, Receive services in a language that you can understand. Legal representation is at your cost at all stages of the investigation and subsequent proceedings. If you do not have a lawyer you may be eligible for free legal advice or representation through your local legal aid office; or you can seek legal advice through the Missouri Bar Lawyer Referral Service at www.mobar.org or call 573 -636-3635; in St. Louis call 314-621-6681; in Springfield call 417-831-2783. The Division is not required to pay for your attorney. You have a right to file a formal service delivery grievance, which is separate from your right to an administrative review and/or appeal of the investigative determination, if you feel you have been treated unfairly.