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

1. (1) The following categories of persons, when reported as either the victim or alleged perpetrator of child abuse or neglect, may be considered to have such a relationship to the Division of Family Services that a thorough investigation might be hindered by a conflict of interest:

   1. (A) An employee of the Division of Family Services, the Department of Social Services central office or other Department of Social Services employees located in a Division of Family Services office;
   2. (B) The immediate family or household member of that employee; or
   3. (C) Children placed in foster care and in the custody of the Division of Family Services when the alleged perpetrator is a Division of Family Services licensed foster parent.

2. (2) Reports of abuse or neglect involving those persons, either as victims or perpetrators, should be made to the Child Abuse and Neglect Unit in the central office of the Division of Family Services. The Child Abuse and Neglect Unit will request the juvenile officers of the county or judicial circuit in which the victim resides, or in which s/he is located if the location is different from residence, to initiate and conduct the investigation. The juvenile officer will be requested to report the findings and disposition of the investigation in the following manner:

   1. (A) For investigations involving persons in subsections (1)(A) and (B), findings and disposition should be reported back to the Child Abuse and Neglect Unit; and
   2. (B) For investigations involving persons in subsection (1)(C), findings and dispositions should be reported to the county office.
3. (3) If the juvenile officer does not accept the report for investigation, the division will arrange to conduct the investigation itself in a way as to minimize the possibility of conflicting interest hindering that investigation.

AUTHORITY: section 207.020, RSMo (1986). Original rule filed March 7, 1984, effective June 11, 1984.