210.148 Juveniles with problem sexual behaviors

Juveniles with problem sexual behavior reports, procedure — definition — rulemaking authority. — 1.  Notwithstanding any provision of section 210.145 to the contrary, upon the receipt of a report under section 210.145 where the subject of the report is a juvenile with problem sexual behavior, the division shall immediately communicate such report to the appropriate local office along with any relevant information as may be contained in the information system.  Upon receipt of the report and relevant information, the local office shall use a family assessment and services approach, as described in subsection 16* of section 210.145 to respond to the allegation contained in the report.   For the purposes of family assessments performed under this section, the alleged abuse does not have to be committed by a person responsible for the care, custody, and control of the child.

  2.  Nothing in this section shall prohibit the local office from commencing an investigation if the local office, at any point in using the family assessment and services approach, determines that an investigation is required.  Such investigation shall comply with the provisions of section 210.145 and may include requesting assistance from the appropriate law enforcement agency.

  3.  As used in this section, the term “juvenile with problem sexual behavior” shall mean any person, under fourteen years of age, who has allegedly committed sexual abuse against another child.

  4.  Within one hundred eighty days after August 28, 2015, the division shall promulgate rules to implement the provisions of this section.  Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.  This section and chapter 536 are nonseverable, and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2015, shall be invalid and void.

(L. 2015 S.B. 341)

*Statutory reference to subsection “14” changed to “16” to comply with sectoin 3.060 based on renumbering within section 210.145 by S.B. 819, 2018