PURPOSE: This rule establishes a Child Abuse and Neglect Review Process to provide for a review of child abuse and neglect determinations where an alleged perpetrator disagrees with the division’s decision of Probable Cause.

1. (1) The division will provide an opportunity for an administrative review to any alleged perpetrator who disagrees with the local division office decision of Probable Cause in a child abuse or neglect investigation.

2. (2) The alleged perpetrator will receive written notification as to the decision of the local division office. This notification will include a statement that if the alleged perpetrator disagrees with the Probate Cause decision, s/he may request a review.

   1. (A) The alleged perpetrator will be allowed sixty (60) days from the receipt of the notification to request, in writing, an administrative review.
   2. (B) The county director will review, within fifteen (15) days of receipt of the request, all appropriate material and determine whether the decision of the division should be upheld or reversed.
   3. (C) The county director will provide, in writing, notice to the alleged perpetrator of the decision to uphold or reverse the original finding and how to request a further review by the Child Abuse and Neglect Review Board(s), if s/he disagrees with the decision.
3. (3) The division will establish Child Abuse and Neglect Review Board(s) to provide for an independent review of child abuse and neglect determinations where the alleged perpetrator disagrees with the division’s decision of Probable Cause.
4. (4) Each Child Abuse and Neglect Review Board will be composed of nine (9) members. Initially, three (3) of the board members will be appointed for three (3) years, three (3) of its board members will be appointed for two
5. (2) years, and three (3) of its board members will be appointed for one (1) year. The members of the board(s) shall designate a chairperson.

6. (5) The governor may remove and/or replace, a member of the board(s) for the following reasons:

   1. (A) Death;
   2. (B) Resignation;
   3. (C) Mental or physical incapacitation which limits the member from effectively serving on the board; or
   4. (D) For good cause as determined by the governor.
7. (6) The members will hold all information obtained in the course of a review in the strictest confidence and will not discuss or disclose any information regarding any case, except as permitted under section 210.150, RSMo.
8. (7) The members of the board(s) will meet at a location within Missouri regularly, depending on the number of requests for review being filed.

9. (8) The following process will be followed for all child abuse and neglect reviews by the board(s):

   1. (A) The alleged perpetrator will have thirty (30) days from the receipt of notification from the county director that the decision was upheld to request, in writing, a review by the Child Abuse and Neglect Review Board(s);
   2. (B) The Child Abuse and Neglect Review Boards(s) will notify the alleged perpetrator of the date and time of the review and provide him/her with an opportunity to attend or to submit a written statement. Attendance is not mandatory for a review to be conducted;
   3. (C) The local division office will forward a copy of the investigation record and all relevant materials to the review board(s) after notification that the alleged perpetrator has requested a review;
   4. (D) At the review, the division will be represented by appropriate local and area division staff and/or legal counsel;
   5. (E) The alleged perpetrator may be represented by him/herself and/or legal counsel;
   6. (F) The alleged perpetrator and/or the division may have witnesses present to provide statements about pertinent events, actions, etc.;
   7. (G) The board shall notify the child or the parent, guardian, or legal representative of the child, that a review has been requested; and

   8. (H) The review board(s) will review and discuss all relevant materials and testimony, and vote on whether to uphold or reverse the finding of Probable Cause.

      1. 1. The vote and the decision will be

reported to the division.

1. 2. The decision of the board may occur

on the day of the review or within seven (7) days of the review.

1. (9) The decision of the board will be the final decision to uphold or reverse the finding of Probate Cause.
2. (10) A written copy of the decision will be sent within thirty-five (35) days to the alleged perpetrator, division director, and local division office.

3. (11) Annually, the department will evaluate the following factors related to the work of the Child Abuse and Neglect Review Board(s):

   1. (A) Number of requests;
   2. (B) Geographic area of requests;
   3. (C) Results of reviews;
   4. (D) Composition of the board(s); and
   5. (E) Necessary amendments of the rules.

AUTHORITY: section 207.020, RSMo (1994).* Original rule filed June 30, 1988, effective Sept. 29, 1988. Amended: Filed Sept. 26, 1989, effective Dec. 28, 1989. Amended: Filed June 14, 1996, effective Dec. 30, 1996. *Original authority 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993.