CHILD WELFARE MANUAL

Section 2, Chapter 1 (Mandated Reporting Requirements), Subsection 3 – Other Legal Aspects Related to Mandated Reporting

(Effective 04/15/19)

Table of Contents

1.3.1 Mandated Reporters May Not Report Anonymously

1.3.2 Permissive Reporters

1.3.3 Child Fatalities

1.3.4 Good Faith/Immunity

1.3.5 Failure to Report

 

1.3 Other Legal Aspects Related to Mandated Reporting

1.3.1 Mandated Reporters May Not Report Anonymously

Pursuant to Section 210.109, RSMo., reports by mandatory reporters shall not be made anonymously, provided that the reporter shall be informed, at the time of the report, that the reporter’s name and any other personally identifiable information shall be held as confidential.

1.3.2 Permissive Reporters

A permissive reporter is any reporter who is not mandated to report under Section 210.115, RSMo. Individuals/professions that are not identified in the mandated reporter statute may also report suspicion of child abuse/neglect to the Children’s Division.

1.3.3 Child Fatalities

If a mandated reporter suspects the child died as a result of abuse or neglect, they are required to report their concerns directly to the Children’s Division.

Any mandated reporter, including employees of the Children’s Division, who have probable cause to suspect that a child, who is eligible to receive a certificate of live birth, has died shall report that fact to the appropriate medical examiner or coroner.  

If, upon review of the circumstances and medical information, the medical examiner or coroner determines that the child died of natural causes while under medical care for an established natural disease, the coroner, medical examiner or physician shall notify the Children’s Division of the child’s death.

In all other cases, the medical examiner or coroner shall accept the report for investigation, shall immediately notify the Children’s Division of the child’s death as required in Section 58.452, RSMo., and shall report the findings to the Child Fatality Review panel established pursuant to Section 210.192, RSMo.

1.3.4 Good Faith/Immunity

Pursuant to Section 210.135, RSMo., mandated reporters are immune from civil or criminal liability in making a report, or cooperating with an assessment or investigation of alleged child abuse/neglect, so long as they are acting in good faith.

1.3.5 Failure to Report

Pursuant to Section 210.165, RSMo., failure to report suspicion of child abuse or neglect by a mandated reporter is a Class A misdemeanor. Filing a false report is also a Class A misdemeanor.