CHILD WELFARE MANUAL

Section 5, Chapter 5 (Record Retention and Expungement), Subsection 1 – CA/N Reports

Effective Date:  08-28-18

Pursuant to Section 210.152, RSMo., CA/N records are to be retained permanently unless a shorter period is specified.  Listed below are time frames for retention or expungement of CA/N and other reports, as established per statute.

After confirming that a case qualifies for expungement based on guidelines listed below, local staff must take several steps to fulfill the expungement.

  1. Staff shall mark the case for deletion in the FACES database. This is accomplished by entering the case call number into FACES on the “Immediate Deletion of a CA/N Report” screen.
  2. Staff should maintain a log of reports that have been marked for deletion and disposed of.
  3. Staff must destroy the paper copy of the report immediately.

Local protocols must be developed to determine the process for which these will occur, including who will be responsible for monitoring the destruction of the paper file and entering the case number information into FACES for deletion.

Determine status:

  • Retain all “court adjudicated” reports indefinitely if the court adjudication occurs on or after August 28, 1991. “Court adjudicated” cases adjudicated before August 28, 1991, shall be destroyed ten years from the date of the CA/N report or case closing, whichever is later;
  • Retain all reports found to be “probable cause” that are received on or after August 28, 1994, through August 27, 2004 indefinitely.
  • Retain all reports found to be “Preponderance of Evidence” that are received on or after August 28, 2004 indefinitely.
  • Retain all reports found to be “Child Abuse/Neglect Present, Perpetrator Unidentified” indefinitely.
  • For investigations, destroy record ten years from date of report or closing of a case, whichever is later, if coded as “reason to suspect” or “unable to locate” through August 27, 1994. Effective August 28, 2018, all reports concluded as “unable to locate” shall be retained for eighteen years from the date of the report.
  • CA/N conclusions “unsubstantiated,” “unsubstantiated – preventive services Indicated,” will be destroyed as follows:
    • Effective August 28, 2005, for all investigations with a finding of “unsubstantiated” and were found by the Division to be made maliciously, for purposes of harassment or in retaliation for the filing of a report” (210.152 RSMo.) identifying information will be destroyed forty-five (45) days from the conclusion of the investigation.
    • Effective August 28, 2000 through August 27, 2004, reports screened as investigations, where insufficient evidence of abuse or neglect is found by the division and the report has been initiated by a mandated reporter, shall be destroyed by the division ten years from the date of the report. Effective August 28, 2004 through August 27, 2018, reports screened as investigations, where insufficient evidence of abuse or neglect is found by the division and the report has been initiated by a mandated reporter, shall be destroyed by the division five years from the conclusion of the report. All other investigation reports received after August 28, 2000 through August 27, 2018, where insufficient evidence of abuse or neglect is found by the division, shall be destroyed by the division two years from the conclusion of the report. Effective August 28, 2018, reports screened as investigations, where insufficient evidence of abuse or neglect is found by the division and the report has been initiated by a mandated reporter, shall be destroyed by the division ten years from the conclusion of the investigation. All other investigations where insufficient evidence of abuse or neglect is found by the division shall be destroyed by the destroyed by the division five years from the conclusion of the report.
    • If the CA/N report was received on August 28, 1999, through August 27, 2000, the case shall be destroyed two years from the date of the CA/N report finding. If a case is opened as a result of the CA/N report or subsequent reports are received, the record will be destroyed five years from the date of the case closing or from the date of the last report, if there were subsequent reports, whichever is later.
    • If the CA/N report was received between August 28, 1991, and August 27, 1999, the case shall be destroyed five years from the date of the CA/N report, case closing, or from the date of the last report if there were subsequent reports.
    • If the CA/N report was received before August 28, 1991, information pertaining to the investigation shall be destroyed 90 days from the CA/N report date.
  • If further exculpatory documentation (evidence which provides additional proof that abuse/neglect did not occur) becomes available, the information should be added to the investigative record.
  • CA/N investigations with conclusions of “located out of state,” and “home schooling” shall follow the same retention schedule as an “unsubstantiated,” “unsubstantiated – preventive services indicated” conclusion.
  • Destroy record immediately if CA/N conclusion is “inappropriate report.”
  • Retain family intervention determination cases indefinitely.

4.1.1   Family Assessments

Family assessments completed in response to a CA/N report are retained indefinitely regardless of the conclusion of the report.

 4.1.2   Non-CA/N Referrals

Newborn crisis assessment (“A” referrals), shall be destroyed five (5) years from the closing date, unless a Family Centered Service (FCS) case was open at the time of the referral or subsequent to the referral within the retention time period. In the above situations, the information should be placed in the case management record and retained based on policy which applies to the case management record.

Mandated reporter referrals (M-referrals), non-caretaker referrals (N-referrals) and preventive service referrals (P-referrals) should be destroyed five (5) years from the closing date, unless a FCS case was open at the time of the referral or subsequent to the referral within the retention time period. In the above situations, the information should be placed in the case management record and retained based on policy which applies to the case management record.

Fatality referrals (F-referrals) should be retained indefinitely.

 4.1.3   Unable To Locate Records

The Division maintains a physical paper file and an electronic record in FACES for all CA/N investigations, family assessments and referrals. In the absence of the physical paper file, the information maintained in FACES is the Division’s official record.

Requests for copies of case records may be received from many sources including a family’s legal representative, the reporter, medical personnel, interdisciplinary team members and others. If a written request is made by an individual who is entitled to receive a copy of the Division’s record and the physical paper file cannot be located, staff should retrieve information maintained within FACES that is pertinent to the request, and provide the requestor with a redacted version of that information in response to his/her request. This would include any record which was converted into FACES from the Division’s prior electronic system.

Expungement Timeframes