CHILD WELFARE MANUAL

34.2 Sexual Offenses; Crimes Against the Family; and Pornography and Related Crimes

In Section 210.117, Missouri law prohibits a child, who has been taken into custody, from being returned to the home of a parent or being placed in a home in which the parent or any person residing in the home who has been found guilty of certain crimes, when a child was the victim.

In section 211.038, Missouri law prohibits a child, who is under the jurisdiction of the juvenile court, from being returned to the home of a parent or being in a home in which the parent or any person residing in the home who has been found guilty and a child was the victim of this same list of offenses.

This list now includes:

Statute # Description
When found guilty of a Felony Violation the following offenses apply:
566.030 Rape in the 1st degree
566.031 Rape in the 2nd degree
566.032 Statutory rape 1st degree
566.060 Sodomy in the 1st degree
566.061 Sodomy in the 2nd degree
566.062 Statutory sodomy in the first degree
566.064 Sodomy in the 2nd degree
566.067 Child molestation in the first degree
566.068 Child molestation in the 2nd degree
566.069 Child molestation in the 3rd degree
566.071 Child molestation in the 4th degree
566.083 Sexual misconduct involving a child
566.100 Sexual abuse in the 1st degree
566.101 Sexual abuse in the 2nd degree
566.111 Sex with an animal, sexual conduct with an animal.
566.151 A person 21 years of age or older commits the offense of enticement of a child
566.203 Abusing an individual through forced labor
566.206 Trafficking for the purposes of slavery, involuntary servitude, peonage, or forced labor
566.209 Trafficking for the purposes of sexual exploitation
566.212 Sexual trafficking of a child in the second degree
566.215 Contributing to human trafficking through the misuse of documentation
When found guilty of any violation the following offenses apply:
568.020 Incest
568.060 Abuse or neglect of a child, (Applies only when such abuse is sexual in nature)
568.065 Genital mutilation
568.175; Trafficking in children
573.200 Use of a child in a sexual performance
573.205 Promoting a sexual performance by a child
When found guilty of these offenses, which applied prior to August 28th, 2013.
566.040 Sexual Assault
566.070 Deviate sexual assault
566.090 Sexual misconduct 1st
When found guilty of this offense, which applied prior to August 28th, 2017.
568.080 Child used in sexual performance
568.090 Promoting sexual performance by a child, penalties.

For all other violations of offenses in chapters 566 and 568 not specifically listed in subsection 1 of this section or for a violation of an offense committed in another state when a child is the victim that would be a violation of chapter 566 or 568, if committed in Missouri, the division may exercise its discretion regarding the placement of a child taken into the custody of the state in which a parent or any person residing in the home has been found guilty of any such offense. (Sections 210.117.3 and 211.038.3)

If the juvenile court determines that a child has abused another child, such abusing child shall be prohibited from returning to or residing in any residence located within one thousand feet of the residence of the abused child, or any child care facility or school that the abused child attends, until the abused child reaches eighteen years of age. The prohibitions of this subsection shall not apply where the alleged abuse occurred between siblings or children living in the same home. (Sections 210.117.4 and 211.038.4)

Chapter Memoranda History: (prior to 1/31/07)

Memoranda History: