CHILD WELFARE MANUAL

Effective Date:  11-27-23

 

3.1  CA/N Investigations/Family Assessments

The following guidelines have been established to ensure that any disclosure of information concerning a CA/N Investigation, Family Assessment and Non-Caretaker Referral is made only to persons or agencies that have a right to such information. Staff must attach the CA/N Records Cover Sheet on any disseminated written records. It is then the recipient’s responsibility to ensure the information is not re-released to other parties.

Reporter Confidentiality

The confidentiality of the reporter is essential. Therefore, prior to sharing the reporter’s name, supervisory consultation and approval is necessary. The identity of the reporter should only be disclosed to the following with regard to CA/N Investigations, Family Assessments, Juvenile Assessments, and/or Non-Caretaker Referrals:

• Appropriate staff of the Division;
• Appropriate federal, state, local government, law enforcement and child welfare agency personnel, or any agent of such entity, with a need for such information in order to carry out its responsibility under the law to protect children from CA/N or to provide child welfare services.
• A Grand Jury, juvenile officer, prosecuting attorney, law enforcement officer involved in the investigation of CA/N, juvenile court or other court conducting CA/N or child protective proceedings, and other government entities with a need for such information in order to carry out its responsibilities under the law to protect children from CA/N;
• A physician or a designated agent who reasonably believes that the child being examined may be abused or neglected;
• Any state agency acting pursuant to statutes regarding a license, which provides care or services to children; and
• Any child fatality review panel.

Record Release

Court Adjudicated, Preponderance of Evidence, and Probable Cause findings are shared only with:

• • Appropriate federal, state, or local government agency personnel, or any agent of such entity, with a need for such information in order to carry out its responsibility under the law to protect children from CA/N.
  • A physician or designated agent who reasonably believes that the child being examined may be abused or neglected.
  • Appropriate staff of the Division, including interdisciplinary teams which are formed to assist the Division in investigation, evaluation, and treatment of child abuse and neglect cases or a multidisciplinary provider of professional treatment services for a child referred to the provider.
  • Any child named as a victim, or a legal representative, or the parent if not the alleged perpetrator, or guardian of such person when such person is a minor:
    • Prior to the release of any identifying information, staff shall determine if the release of such identifying information may place a person’s life or safety in danger. If it is determined that a person’s life or safety may be in danger, the identifying information shall not be released. The reasons for such a determination should be documented in the case record.
  • Any alleged perpetrator, or their attorney with a signed release of information (or parent/legal guardian on behalf of a juvenile alleged perpetrator):
    • Prior to the release of any identifying information, staff shall determine if the release of such identifying information may place a person’s life or safety in danger. If it is determined that a person’s life or safety may be in danger, the identifying information shall not be released. The reasons for such a determination should be documented in the case record.
    • Records shall not be released to the alleged perpetrator when the alleged perpetrator has been formally charged with a felony by the filing of a criminal complaint prior to the preliminary hearing being held or waived.  Pitts v. Williams, 315 S.W.3d 755, 765-766 (Mo.App. W.D. 2010)
  • A grand jury, juvenile officer, prosecuting attorney, law enforcement officer involved in the investigation of child abuse or neglect, juvenile court or other court conducting abuse or neglect or child protective proceedings or child custody proceedings, and other federal, state, and local government entities, or any agent of such entity, with a need for such information in order to carry out its responsibilities under the law to protect children from abuse or neglect.
  • Any person engaged in a bona fide research purpose, with the permission of the Director. Identifying information may only be released in special circumstances with the permission of the child or the child’s parent/guardian.
  • Any parent or legal guardian who inquires about a child abuse or neglect report involving a specific person or child care facility who does or may provide services or care to a child of the person requesting the information:
    • The request must be made in writing by the parent or legal guardian of the child and shall be accompanied with a signed and notarized release form from the person who does or may provide care or services to the child. The notarized release from shall include the full name, date of birth, and social security number of the person who does or may provide care or services to the child.
    • The Division shall only provide information pertaining to the nature and disposition of any report or reports that resulted in a Court Adjudicated or Preponderance of Evidence, finding and shall not include any identifying information regarding any person other than the alleged perpetrator.
    • The Division’s response shall be given within ten (10) working days of the time the request was received.
  • Any person who inquires about a child abuse or neglect report involving a specific child care facility, child placing agency, or residential care facility, public and private elementary schools, public and private secondary schools, juvenile court or other state agency:
    • The Division shall only provide information pertaining to the nature and disposition of any report or reports that resulted in a Court Adjudicated, Preponderance of Evidence, and Probable Cause finding and shall not include any identifying information regarding any person mentioned in the report
  • Any state agency acting pursuant to statutes regarding a license of any person, institution, or agency which provides care for or services to children.
    • However, reports that resulted in Probable Cause findings shall not be provided to other agencies if the purpose is to determine employment eligibility based on the Probable Cause finding.
  • Any local or state level child fatality review panel.
  • Any person who is a tenure-track or full-time research faculty member at an accredited institution of higher education engaged in scholarly research, with the permission of the Director:
    • Prior to the release of any identifying information the Director shall require the researcher to present a plan for maintaining the confidentiality of the identifying information.
    • The research shall be prohibited from releasing the identifying information of individual cases.
  • Appropriate staff of the United States Department of Defense including, but not limited to, authorized family advocacy program staff or any other staff authorized or receive and respond to reports requested under 10 U.S.C. Section 1787, in cases where a report has been made and the suspected perpetrator or any person responsible for the care, custody, and control of the subject child is a member of the Armed Forces, as defined in Section 41.030, RSMo.
  • The Division may share any records, information, and findings with federal, state, or local child welfare agency personnel and law enforcement agencies, including those from outside the state, or any agent of such agencies, in the performance of the division’s duties, upon a reasonable belief that such information is needed to protect a child from abuse or neglect or to assist such agency in providing child welfare services.  Such information may include, but is not limited to, substantiated or unsubstantiated reports of abuse or neglect, family assessments, and any other documents or information the division deems necessary for another agency to have access to in order to protect a child.  Identifying information may be shared only if the children’s division reasonably believes the receiving entity will prevent the unauthorized dissemination of the information contained therein.
  •  
• Central Registry Examination:
  • • • Any child care facility, child-placing agency; residential care facility (including group homes); juvenile courts; public or private elementary schools; public or private secondary schools; or any other public or private agency exercising temporary supervision over a child or providing or having care or custody of a child who may request an examination of the central registry for all employees and volunteers or prospective employees and volunteers, who do or will provide services or care to children. Any agency or business which provides training and places or recommends people for employment or for volunteers in positions where they will provide services or care to children may request an examination of the central registry. 
        • Such agency or business shall provider verification of its status as a recognized agency.
        • Requests for an examination of the central registry shall be made in writing by the chief administrative officer of the above homes, centers, public and private elementary schools, public and private secondary schools, agencies, or courts.
        • The Division shall only provide information pertaining to the nature and disposition of any report or reports that resulted in a Court Adjudicated or Preponderance of Evidence finding and shall not include any identifying information regarding any person other than the alleged perpetrator.

Unsubstantiated, Family Assessment, and Juvenile Assessment records retained by the Division are to be shared only with:

• • Appropriate Division staff;
  • Any child named as a victim, or a legal representative, or the parent if not the alleged perpetrator, or guardian of such person when such person is a minor:

• • • Prior to the release of any identifying information, staff shall determine if the release of such identifying information may place a person’s life or safety in danger. If it is determined that a person’s life or safety may be in danger, the identifying information shall not be released. The reasons for such a determination should be documented in the case record.
  • Any alleged perpetrator, or their attorney with a signed release of information (or parent/legal guardian on behalf of a juvenile alleged perpetrator):
    • Prior to the release of any identifying information, staff shall determine if the release of such identifying information may place a person’s life or safety in danger. If it is determined that a person’s life or safety may be in danger, the identifying information shall not be released. The reasons for such a determination should be documented in the case record.
    • Records shall not be released to the alleged perpetrator when the alleged perpetrator has been formally charged with a felony by the filing of a criminal complaint prior to the preliminary hearing being held or waived.
  • Any local or state level child fatality review panel.
  • Appropriate criminal justice agency personnel or juvenile officer.
  • Multidisciplinary agency or individual including a physician or physician’s designee who is providing services to the child or family, with the consent of the parent or guardian of the child or legal representative of the child.
  • Any person engaged in a bona fide research purpose, with the permission of the Director. Identifying information may only be released in special circumstances with the permission of the child or the child’s parent/guardian.
  • Appropriate staff of the United States Department of Defense including, but not limited to, authorized family advocacy program staff or any other staff authorized to receive and respond to reports requested under 10 U.S.C. Section 1787, in cases where a report has been made and the suspected perpetrator or any person responsible for the care, custody, and control of the subject child is a member of the Armed Forces as defined in Section 41.030, RSMo.
  • The Division may share any records, information, and findings with federal, state, or local child welfare agency personnel and law enforcement agencies, including those from outside the state, or any agent of such agencies, in the performance of the division’s duties, upon a reasonable belief that such information is needed to protect a child from abuse or neglect or to assist such agency in providing child welfare services.  Such information may include, but is not limited to, substantiated or unsubstantiated reports of abuse or neglect, family assessments, and any other documents or information the division deems necessary for another agency to have access to in order to protect a child.  Identifying information may be shared only if the children’s division reasonably believes the receiving entity will prevent the unauthorized dissemination of the information contained therein.

Legal Representatives

Juvenile Courts and Juvenile Officers:

• • Share information without a subpoena with appropriate juvenile court personnel and attorneys who represent the court.
  • Volunteer advocates who are designated by the court shall be provided with all reports relevant to the case and shall have access to records relating to the child or his family members. The reporter’s name shall not be shared.

Legal Representatives of the Parent or Guardian:

• • Staff should make available to legal representatives of the parent(s) or guardian(s) records relevant to the allegations in the petition. Within ten (10) days of the protective custody hearing or within fourteen (14) days of the filing of the petition or motion to modify, the Children’s Division and juvenile officer must allow for certain records to be made available to all parties.  The records may include:
    • Medical records of the juvenile;
    • Written statements, videotapes, and audiotapes regarding the juvenile and or parents/guardians;
    • Reports and affidavits submitted by the Children’s Division to the juvenile office recommending protective custody or a petition to be filed;
    • Completed CD reports and safety plans;
    • Written service agreements; and
    • Completed hotline reports, redacted as required by law. If the hotline report is not completed by the timeframes set forth in the initial court hearing, the report should be made available upon completion.

CA/N Related Procedures for Information Sharing

Legal Proceedings

Testifying in Court

Share information regarding case activity with the court during a juvenile court hearing.

Cooperate with the Grand Juries and other courts conducting abuse/neglect or child protection proceedings. A subpoena is not necessary to provide testimony. However, staff may require a subpoena if they do not believe it is appropriate for them to testify.

Prior to testifying before the Court regarding the investigative record, state the following: “The record is confidential as prescribed by Section 210.150, RSMo. and I may only disclose it if ordered to do so by the court.”

Do not release the name of the reporter to the court in the presence of any person not designated to have access to this name. If staff is requested to reveal the reporter’s identity during a court proceeding:

• • • Inform the court, “The record is confidential as prescribed by Section 210.150, RSMo and due to the Missouri Supreme Court’s opinion in State of Missouri vs. Tucker I may not disclose the reporter.” Staff should, if possible, request a recess to consult with the Division of Legal Services (DLS) during the court proceeding if asked to release the reporter’s identity
    • If the Court denies the request and orders staff to disclose the reporter’s identity then staff must obey the order. In such situations, staff should notify their supervisor immediately after the court hearing. Supervisory staff should then notify DLS.
    • Document in the case record when ordered to release the reporter’s identity.

Giving Depositions

If a deposition is requested by someone who has access to the record, i.e., a parent, staff should provide the deposition, unless he/she does not believe it is appropriate and only if everyone present has statutory right to that information.

If a deposition is requested by a person who does not have statutory right to that information, or staff do not believe it is appropriate for them to provide a deposition, staff should send the request through supervisory lines to request assistance from the Division of Legal Services (DLS).

Miranda Warnings and Privileged Communication

Do not give Miranda warnings. CD staff are not law enforcement officials. CD does not place juveniles into custodial arrest or conduct custodial interrogations.

Do not claim that conversations with CD are privileged communications. Communications between Division staff and clients are not privileged communications.

Medical Examiner or Coroner

Share a copy of the CA/N Investigation, Family Assessment, Juvenile Assessment, or Newborn Crisis Assessment report with the Medical Examiner or Coroner in the event a child has died as a result of child abuse/neglect.

Reporters of CA/N

Refer to Section 2, Chapter 5.2.3, Reporter Contact for information regarding contact and information sharing with reporters.

Researchers

Share information with any tenure-track or full-time research faculty member at an accredited institution of higher education, engaged in scholarly research, with permission of the Division Director. Prior to the release of any identifying information, the researcher must submit a plan for maintaining the confidentiality of the identifying information.

• • Correspondence from the Division Director will be provided to staff involved in the research as to the release of identifying information.
  • State purpose for the release of information and penalty for unauthorized dissemination of information (Class A Misdemeanor)
  • Refer inquiries regarding propose research projects to the Office of the Division Director. Pre-planning with the local office is appropriate prior to submission of final proposal to the Division Director.

News Media, Legislators, Students, the Public

Share only information pertaining to statistics, theory, policy and practice. Do not share specific information regarding client situations.

Section 106(b)(2)(B)(x) of the Child Abuse Prevention and Treatment Act (CAPTA) requires states provide for, upon request, the public disclosure of findings or information about a case of child abuse or neglect which results in a child fatality or near fatality. The following minimum information shall be provided in such disclosure:

• • The cause and circumstances regarding the child fatality or near fatality.
  • The age and gender of the child.
  • Information describing any previous reports of child abuse or neglect that are pertinent to the abuse or neglect that led to the child fatality or near fatality.
  • Information describing any previous investigations pertinent to the abuse or neglect that led to the child fatality or near fatality.
  • The result of any such investigations.
  • The services provided by the State and actions of the State on behalf of the child that are pertinent to the child abuse or neglect that led to the child fatality or near fatality.

With approval by the Director of Social Services, exceptions to the release of information are allowed:

• • In order to ensure the safety and well-being of the child, parents, and family;
  • When releasing the information would jeopardize a criminal investigation;
  • When releasing the information would interfere with the protection of those who report child abuse or neglect or harm; or when releasing the information would harm the child or the child’s family.

All inquiries shall be referred to Central Office.

Physicians or Designated Agents

Share appropriate information with a physician or designated agent who reasonably believes that the child being examined may be abused or neglected or there is a pending, active investigation.

Unsubstantiated reports, Family Assessments, Juvenile Assessments, and Newborn Crisis Assessments may only be shared with the consent of the child’s legal representative or parent/guardian. During an active Family Assessment, Juvenile Assessment, or Newborn Crisis Assessment report, appropriate information may be shared without the parents’ permission if there is good cause to share such information for reasons relating to the report.

State purpose for the release of the information and penalty for unauthorized dissemination of information (Class A Misdemeanor).

Law Enforcement Officials or Prosecuting Attorney

Report child’s injuries or disabilities from abuse or neglect to law enforcement authority, if appropriate.

Determine, based on specific case situations, to whom such information shall be supplied.

Share information including reporter’s name, if appropriate and necessary, to conduct a co-investigation.

• • In any event, the juvenile officer must be notified.

Share any record with law enforcement or the Prosecuting Attorney, including conclusions of Preponderance of Evidence, Probable Cause, Unsubstantiated reports, and Family Assessment cases.

Interdisciplinary/Multidisciplinary Teams

Multidisciplinary Team (MDT)

• • Share appropriate information, including reporter’s name, if appropriate and necessary, with team members without consent of subjects.
  • Advise team members of confidentiality restrictions and penalties with respect to information they receive.
  • Advise team members that information they provide may become available to client.

Treatment/Evaluation Teams of Child Abuse and Neglect Cases

• • Share information, including reporter’s name, if appropriate and necessary, with team members who are directly involved in the treatment of subjects without written consent of subjects.
  • Family Assessment, Juvenile Assessment, and Newborn Crisis Assessment cases may be provided to treatment teams with the consent of the parent, guardian or legal representative of the child.
  • Advise team members of confidentiality restrictions and penalties with respect to information they receive.
  • Advise team members that information they provide may become available to client.

Family Support Team

• • Share appropriate information.
  • Obtain signed confidentiality statement from each non-agency team member.

Child Fatality Review Panels

• • Share all records including unsubstantiated reports and Family Assessments and Juvenile Assessments, including reporter information if necessary.

Domestic Violence Shelter/Service Providers

Staff within domestic violence shelters are bound by more stringent confidentiality and release of record statutes. Therefore, it may be necessary for shelter staff to obtain a signed release of information from the adult victim prior to sharing information.

Interstate Requests

Pursuant to Section 210.116, RSMo., the Children’s Division may share any records, information, and findings with federal, state, or local child welfare agency personnel and law enforcement agencies, including those from outside the state, or any agent of such agencies, in the performance of the Children’s Division’s duties, upon a reasonable belief that such information is needed to protect a child from abuse or neglect or to assist such agency in providing child welfare services.  Such information may include, but is not limited to, substantiated or unsubstantiated reports of abuse or neglect, family assessments, and any other documents or information the Children’s Division deems necessary for another agency to have access to in order to protect a child.  Identifying information may be shared only if the Children’s Division reasonably believes the receiving entity will prevent the unauthorized dissemination of the information contained therein.

Other CD Employees

Share with appropriate Children’s Division staff only that information which they must have to perform their specific duty (i.e., staff conducting administrative hearings, licensing staff, monitoring staff, legal staff, etc.)

Sharing is not to be done over lunch, coffee break, or in halls or elevators where names may be overheard by others.

Child Caring Facilities

Requests from the Chief Administrative Officers of facilities listed below for a CA/N review on any employee, volunteer or prospective employee or volunteer should be made in writing to the Deputy Director of Children’s Division. These screenings are conducted by the Background Screening and Investigation Unit (BSIU), based in Central Office. The response shall not include any identifying information regarding any person other than the alleged perpetrator:

• • Any child care home;
  • Any child care center;
  • Any child placing agency;
  • Any residential care facility, including group homes;
  • Juvenile courts, public or private elementary schools, public or private secondary schools, or any other public or private agency exercising temporary supervision over a child or providing or having care or custody of a child;
  • Any state agency when that agency is following statute which requires a license of any person, institution, or agency which provides care for, or services to children;
  • Agencies or businesses which provide training, place or recommend persons for employment or volunteers, in positions where they will provide services or care for children.

Individual Requests – Child Care Facilities

Individuals may inquire regarding a specific child caring facility, child placing agency, residential care facility, public and private elementary and secondary schools, juvenile court, or other state agency. Information available is limited to the category of abuse/neglect, the conclusion (Preponderance of Evidence, Probable Cause or Reason to Suspect and Court Adjudicated only) and shall not include any identifying information pertaining to any person contained in the report. It is appropriate to release the above information regardless of whether the facility or an employee of the facility or school is named as perpetrator. Individuals will obtain this information from the local county office.

Individuals should be referred to Department of Health and Senior Services (DHSS), Child Care Licensing, or the Residential Program Unit (RPU) to review the public record on any licensed facility. In addition, child care licensing through the DHSS, has resource and referral agencies which can supply information on child care facilities.

If an employer asks for information about an employee who has a substantiated report, particularly asking for recommendations regarding personnel action, staff should tell the employer the Division does not make such recommendations and cannot discuss the report with them. Their employer should be referred to the Department of Health and Senior Services, Child Care Licensing, or Residential Program Unit staff.

Schools

Refer to Section 2, Chapter 5.4.3.4, Home Schooling for information on notifying the school district of educational neglect concerns.

Penalty for Unauthorized Dissemination of Information

Staff shall advise any requestor of the purpose for which the information is being released, that such information shall be used only for the purpose for which the information was released, and of the penalties for unauthorized dissemination of information (Class A Misdemeanor) § 210.150.1 RSMo.