(7) Background Checks.
(A) The Children's Division may conduct a
background check of the relative, and any adult member of the relative's
household as part of its process to determine whether the relative is a
suitable temporary placement provider for the child. The relative and other
adult household members shall execute any consents or other documents necessary
to complete any background checks and submit to a fingerprint based criminal
background check if the division determines this to be necessary. If the
relative or any adult member of the relative's household declines to assist in
the background check process, then the division may decide not to enter into a
TAPA.
(B) Notwithstanding any other
provision of this section, the division will not enter into an TAPA where the
parent or guardian of the child places the child under a TAPA in the home of a
relative where the individual or any member of the individual's household has
pled guilty or been found guilty of any the following crimes when a child was
the victim-
1. Section
565.020,
RSMo (murder, first degree);
2.
Section
565.021,
RSMo (murder, second degree);
3.
Section
565.023,
RSMo (voluntary manslaughter);
4.
Section
565.024,
RSMo (involuntary manslaughter, first degree);
5. Section
565.050,
RSMo (assault, first degree);
6.
Section
566.030,
RSMo (rape, first degree);
7.
Section
566.031,
RSMo (rape, second degree, or section
566.040, RSMo before
Aug. 28, 2013);
8. Section
566.032,
RSMo (statutory rape, first degree);
9. Section
566.060,
RSMo (sodomy, first degree);
10.
Section
566.061,
RSMo (sodomy, second degree, or section
566.070, RSMo before
Aug. 28, 2013);
11. Section
566.062,
RSMo (statutory sodomy, first degree);
12. Section
566.064,
RSMo (statutory sodomy, second degree);
13. Section
566.067,
RSMo (child molestation, first degree);
14. Section
566.068,
RSMo (child molestation, second degree);
15. Section
566.069,
RSMo (child molestation, third degree);
16. Section
566.071,
RSMo (child molestation, fourth degree);
17. Section
566.083,
RSMo (sexual misconduct involving a child);
18. Section
566.100,
RSMo (sexual abuse, first degree);
19. Section
566.101,
RSMo (sexual abuse, second degree, or section
566.090, RSMo before
Aug. 28, 2013);
20. Section
566.111,
RSMo (sex with an animal);
21.
Section
566.151,
RSMo (enticement of a child, first degree);
22. Section
566.203,
RSMo (abusing an individual through forced labor);
23. Section
566.206,
RSMo (trafficking for the purpose of slavery, involuntary servitude, peonage,
or forced labor);
24. Section
566.209,
RSMo (trafficking for the purpose of sexual exploitation);
25. Section
566.210,
RSMo (sexual trafficking of a child, first degree);
26. Section
566.211,
RSMo (sexual trafficking of a child, second degree, or section
566.212,
RSMo before Jan. 1, 2017);
27.
Section
566.215,
RSMo (contributing to human trafficking through the misuse of
documentation);
28. Section
567.050,
RSMo (promoting prostitution, first degree);
29. Section
568.080,
RSMo (child used in sexual performance, if before Jan. 1, 2017);
30. Section
568.090,
RSMo (promoting sexual performance by a child, if before Jan. 1,
2017);
31. Section
568.020, RSMo
(incest);
32. Section
568.030,
RSMo (child abandonment, first degree);
33. Section
568.060,
RSMo (abuse or neglect of a child);
34. Section
568.065,
RSMo (genital mutilation of a female child);
35. Section
568.175,
RSMo (trafficking in children);
36.
Section
573.023,
RSMo (sexual exploitation of a minor);
37. Section
573.025,
RSMo (promoting child pornography, first degree);
38. Section
573.035,
RSMo (promoting child pornography, second degree);
39. Section
573.037,
RSMo (possession of child pornography);
40. Section
573.200,
RSMo (child used in sexual performance or section
568.080,
RSMo before Jan. 1, 2017); or
41.
Section
573.205,
RSMo (promoting sexual performance by a child or section
568.090,
RSMo before Jan. 1, 2017).
(C) Except as otherwise provided in
subsection (7)(B), the division may, at its discretion, agree to enter into a
TAPA where the parent or guardian of the child places the child in the home of
a relative where the individual or an adult member of the individual's
household has been found guilty of any other crimes against persons, drug or
alcohol-related offenses, or has a history of substantiated or significant
child abuse/neglect if the parent and the relative satisfy the Children's
Division that placement on a TAPA is in the best interests of the child, that
the relative is a fit and suitable person to temporarily care for the child,
and that the household where the child will temporarily reside is safe and
appropriate for the child. In making this decision, the division may consider
the following factors:
1. Whether the relative
or household member has successfully completed the conditions of sentencing
and/or probation without further incidents;
2. Whether the relative or household member
has successfully completed any prescribed or required treatment;
3. The duration of time between the prior
incident and the negotiation of the TAPA;
4. The written advice and recommendations of
professionals, community members, clergy, relatives, and/or others with
knowledge of the family;
5. Whether
the prior incident of criminal conduct, while unlawful at the time of the
incident, is no longer unlawful or proscribed at the time that the division is
considering the TAPA; and
6. Any
other factor or information that may be relevant to making a decision about the
best interests, care, and safety of the child.