PURPOSE: This rule defines the investigation procedure used when the relationship of the subject of a report of child abuse or neglect to the Children’s Division is such that a conflict of interest may occur.

1. (1) Definitions. For the purpose of this regulation, the following terms shall be defined as follows:

   1. (A) Family or Family Member. A person related to the alleged victim by blood, adoption, or affinity within the third degree, a current or past foster parent of the alleged victim, or a resident of the current or past foster parent’s home;
   2. (B) Family Assessment. An approach to be developed by the children’s division which will provide for a prompt assessment of a child who has been reported to the division as a victim of abuse or neglect by a person responsible for that child’s care, custody, or control and of that child’s family, including risk of abuse and neglect and, if necessary, the provision of community-based services to reduce the risk and support the family;
   3. (C) Investigation. The collection of physical and verbal evidence to determine if a child has been abused or neglected; and
   4. (D) Out-of-Home Investigation Unit. The unit of investigators responsible for investigating or assessing child abuse and neglect when the relationship between the child and the alleged perpetrator is established in an out-of-home setting.

2. (2) The Out-of-Home Investigation Unit will investigate or assess allegations of child abuse or neglect in—

   1. (A) Cases in which the alleged victim resides in a foster home;
   2. (B) Cases in which the alleged perpetrator is an employee, contracted agent, or volunteer of an organization which provides care or services to children. Such organizations shall include, but are not limited to, residential treatment facilities, schools, child care facilities, hospitals, youth camps, or youth groups; or
   3. (C) Other cases as deemed necessary by the Children’s Division on a case-by-case basis.

AUTHORITY: sections 207.020 and 660.017, RSMo 2016.* This rule originally filed as 13 CSR 40-31.011. Original rule filed March 7, 1984, effective June 11, 1984. Moved to 13 CSR 35-31.015 and amended: Filed July 29, 2015, effective Feb. 29, 2016. Amended: Filed Aug. 8, 2018, effective March 30, 2019.

*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 660.017, RSMo 1993, amended 1995.