Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 30 - Voluntary Placement Agreement
Section 13 CSR 35-30.030 - Temporary Alternative Placement Agreements (TAPA)
Universal Citation: 13 MO Code of State Regs 35-30.030
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This regulation implements Temporary Alternative Placement Agreements as provided in section 210.123, RSMo.
(1) Purpose and Scope.
(A) This regulation implements TAPAs as
provided in section
210.123,
RSMo, for the purposes therein stated.
(B) The paramount consideration for
developing, implementing, and monitoring a TAPA is to protect the safety, best
interests, and welfare of the child.
(C) The Children's Division has determined
that it is redundant to reproduce the statutory requirements of TAPAs as set
forth in section
210.123,
RSMo, in this regulation. In addition to the requirements of this regulation,
all parties to a TAPA must fully comply with the requirements of section
210.123,
RSMo and other applicable law.
(2) Definitions. For the purposes of this regulation the following words and/or phrases are defined as follows:
(A) The division incorporates the definitions
of the terms, words and phrases set forth in section
210.123,
RSMo. as the definition of the same terms, words and phrases when used in this
regulation;
(B) References to the
"Children's Division" or "the division" shall also refer to any contractors or
representatives that the Children's Division may retain or employ in reference
to developing and implementing TAPAs;
(C) The word "parent" shall include the
child's legal parents and, when relevant, the child's legal guardian or
custodian;
(D) In cases where the
child's parents do not reside together in the same household the word
"relative" and "parent" may also include the child's adoptive or biological
parent that the child is not residing with;
(E) "TAPA" shall mean "Temporary Alternative
Placement Agreement" as that phrase is defined in section
210.123,
RSMo; and
(F) The phrases "Team
Decision Making Meeting" or "TDM" for purposes of this regulation shall mean a
group of individuals invited by the Children's Division to form a team to meet
to assist, support, and advise the division and the parties to the TAPA on
making decisions involving the children and family with the goal of
successfully implementing the TAPA.
1.
Mandatory TDM Members-The members of the team for a TDM shall include
representatives of the Children's Division, the child's parent, the relative,
the child's guardian ad litem if the child has a guardian ad litem, any other
party to the TAPA, and the attorney for any of the parties to the TAPA, at the
request of that party. A TDM meeting may still be held if all of the mandatory
team members are not in attendance.
2. Optional TDM Members. The team may also
include other relatives of the children and parents as well as school
personnel, medical and mental health personnel, the juvenile officer if the
juvenile officer requests to be present, service providers to the child and
family, and any other individual who the parties to the TAPA agree may provide
constructive advice, assistance, and support for the implementation of the
TAPA.
3. Children's Participation
in TDM Meetings. Children twelve (12) years of age and older should attend TDM
Meetings, if the child is willing and able to attend the meetings, and the
division believes their attendance is in the child's best interests.
(3) Negotiation and execution of a TAPA.
(A) TAPAs are voluntary,
written agreements between the parent, the relative, and the Children's
Division. To be valid, the TAPA must be executed by the division, the parent,
and the relative. The TAPA may be executed in writing or by electronic
signature.
(B) The Children's
Division shall base its decision whether to execute a TAPA on what the division
believes to be in the best interests of the child. This will be based upon the
information made available to the Children's Division within the applicable
time periods for completing a TAPA, the applicable law, and the unique
circumstances of each child and family.
(C) The Children's Division will give first
consideration to entering into a TAPA with the child's other parent when the
child and the child's parents do not reside in the same household. If the
division determines that the other parent is not a suitable relative for
placement, the Children's Division will give second consideration to enter into
a TAPA with the child's grandparent.
(D) In making the decision to enter into a
TAPA and deciding what services the Children's Division may be able to offer to
assist the parties in implementing the plan, the Children's Division may
consider and balance-
1. The wishes of the
parent and relative;
2. The wishes
of the child;
3. The needs of the
child for safe, frequent, continuing and meaningful relationship between the
child and the child's parent;
4.
The ability and willingness of the parent and the relative to actively perform
their functions for the needs of the child;
5. The interaction and interrelationship of
the child with the child's parent, siblings, grandparents, the relative and any
other person who may significantly affect the child's best interests;
6. The child's adjustment to their home,
school, and community;
7. The
mental and physical health of all individuals involved;
8. Any history of any abuse or neglect of any
individual involved;
9. Any history
of domestic violence;
10. Any
special needs of the child, the child's level of care, and the needs of the
child's parent, and the relative;
11. The financial and personal resources
available to the parent and the relative to care for the child and implement
the plan set out in the TAPA. This may include whether the child, the child's
parent and the relative may be eligible for benefits and services through other
governmental and private organizations;
12. The resources and services available to
the Children's Division, including the availability of appropriated funds for
the provision of resources and services;
13. The educational needs of the
child;
14. The willingness and
ability of the parent, the relative, the child, and the relative's household
members to work with the Children's Division and each other to cooperatively
develop and implement the TAPA;
15.
Any history of criminal activity of any individual involved that may pose a
safety risk to the child or impact the ability or willingness of any individual
to implement the TAPA;
16. Any
current or past history of conduct that may indicate substance use disorder by
the child, the parent, the relative, other members of the relative's household
or other persons;
17. The number of
children in the home or to be placed in the home; and
18. Any other facts, information, or
considerations that the division deems relevant to its decision.
(4) When the division, the parent, and the relative agree to enter into a TAPA, the child's parent and the relative shall cooperate with the Children's Division to develop, implement, and monitor the TAPA. This includes, but is not limited to:
(A) Making the child available to meet with
the Children's Division in person, virtually, or by other means of
communication at least two times each month to enable the division to monitor
the implementation of the TAPA and to ensure that the TAPA is being safely
implemented. At least one (1) visit each month shall be in the relative's home
at the discretion of the Children's Division, and the other visit may be
virtual or in the community;
(B)
Allowing the Children's Division to inspect the home of the relative where the
child resides, including allowing the Children's Division to meet with the
child in-person in the home of the relative at least one (1) time a month and
the home of the parent, at reasonable times (announced and unannounced), to
monitor the implementation of the TAPA and ensure the child is safe and well
cared for during the TAPA;
(C)
Executing any consents and/or authorizations to release information to the
Children's Division and/or to or from third parties that the Children's
Division determines necessary for the Children's Division to obtain information
to develop and/or monitor implementation of the TAPA. This includes, but is not
limited to, health care providers, schools, and school districts and other
professionals providing services to the child and the parties to the
TAPA;
(D) Participating in all TDMs
that the Children's Division may convene pertaining to the child;
(E) Keeping the division informed of their
current residence address, mailing address, telephone number, e-mail address,
work address and contact information, and any change in the residence of and
contact information for the child;
(F) Promptly notifying the Children's
Division of any change in circumstances that may impact the care of the child
and/or the implementation of the TAPA;
(G) Providing full, truthful, accurate, and
complete information to the division and other members of the TDM;
(H) Ensuring the child resides in the state
of Missouri for the duration of the TAPA unless the child requires medical
treatment in another state that is not reasonably available within the state of
Missouri. The child's parent and the relative shall immediately notify the
Children's Division if the child requires medical care out of state;
and
(I) Participating in the
services the parties identify as necessary to the TAPA.
(5) Team Decision Making Meetings.
(A) In all cases managed through a TAPA, the
division shall schedule a TDM within ten (10) days of the execution of a TAPA,
and at least once every month thereafter for the duration of the agreement as
provided in this regulation.
1. The division
may schedule additional TDMs as the division determines may be necessary to
support the implementation of the TAPA.
2. Parties to the TAPA may ask the division
to schedule additional meetings. Parties to a TAPA are encouraged, but not
required, to ask to schedule a TDM meeting before voluntarily terminating a
TAPA to see if the team can help resolve any issues that may cause the party to
consider withdrawing from the TAPA.
3. The division may schedule a TDM before the
TAPA is scheduled to expire to discuss the successes and challenges of
implementing the TAPA, whether a new TAPA may be necessary and to discuss
whether any next steps may be appropriate.
(B) TDM meetings shall be informal, and shall
be held at times and places that are reasonably convenient for as many of the
participants as possible, with priority given to the schedules of the mandatory
TDM members identified in paragraph (2)(F)1.
(C) TDM meetings may be held in person at the
offices of the Children's Division or at other mutually convenient locations.
TDM meetings may also be held by conference call or other electronic
means.
(D) The Children's Division
may exclude from any TDM meeting any person who is, or the division has
reasonable cause to believe may become, disruptive to the orderly management of
the case and/or meeting. The division may exclude from the TDM any nonmandatory
team member who becomes disruptive to the meetings and successful
implementation of the TAPA.
(E) The
failure of any party to a TAPA to attend and fully participate in TDM meetings
in good faith may be grounds for the division to take appropriate action
including, but not limited to, notifying the juvenile officer that the parties
are not participating in the TAPA and/or terminating the TAPA.
(F) The Children's Division shall maintain
documentation of each TDM meeting.
(G) Any agreements reached during the TDM to
revise the TAPA shall be reduced to writing and signed by all of the parties to
the TAPA. The Children's Division will provide the Juvenile Officer with a copy
of the revised TAPA.
(H) The
Children's Division or the division's designee shall facilitate the TDM meeting
unless otherwise agreed between the parties.
(I) During each TDM meeting the agenda shall
include:
1. A review of how the health, care,
safety, and welfare of the child is being assured;
2. The progress so far in implementing the
TAPA;
3. A discussion of any
challenges in implementing the TAPA and how challenges may be
addressed;
4. A discussion of what
next steps are necessary to progress toward termination of the TAPA;
5. Any matters that any member of the TDM may
wish to add to the agenda.
(J) Decisions shall be made by consensus of
the members of the TDM. No party to the TAPA or the division is legally bound
by any decision made at a TDM. All decisions shall be voluntary.
(6) Notice to Provider Form and Procedure.
(A) The division will provide the
relative with a notice that the relative may use to notify schools, medical
care providers, and others that the relative has the temporary authority to
make day-to-day decisions, educational decisions, and medical decisions for the
child for the duration of the TAPA on the "Official Notice of Temporary
Placement of a Child (hereinafter "Official Notice")," that is attached hereto
and included herein.
(B) The
relative shall retain the original of the Official Notice, but may provide a
copy of the form to any individual or institution with a need for a copy for
their records.
(C) At the requests
of the Children's Division, the relative shall provide to the Children's
Division a list of the names, addresses, and contact information of any
individual or institution to whom the relative has given a copy of the Official
Notice.
(D) Upon termination of the
TAPA the relative shall notify each individual or institution who has received
an Official Notice that the TAPA has terminated.
(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.
(8) TAPA Form. The Children's Division may utilize any format or template for a TAPA, provided that it specifies that the document is a Temporary Alternative Placement Agreement pursuant to this rule and section 210.123, RSMo, and that it complies with the other requirements of this rule and section 210.123, RSMo.
(9) Termination of a TAPA.
(A) Once a TAPA has been executed it shall be
effective until terminated as provided in this regulation.
(B) A TAPA shall terminate-
1. Ninety (90) days from the date of the last
party to the TAPA to execute the TAPA;
2. Five (5) days after the delivery and
receipt of a written notice of intent to terminate the TAPA to the Children's
Division and the relative executed by the parent or legal guardian;
3. Except in an emergency which is beyond the
control of the relative, five (5) days after the delivery and receipt of a
written notice of intent to terminate the TAPA to the Children's Division to
the child's parent by the relative;
4. Five (5) days after successful completion
of the plan set forth in the TAPA, provided that the Children's Division shall
be given sufficient time to complete and submit its report to the Juvenile
Officer; or
5. Entry of an order of
a court with statutory authority and jurisdiction over the child that conflicts
with the provision of the TAPA.
(C) If the relative is no longer able to care
for the child due to an emergency, the relative will notify the division
immediately. The remaining parties to the TAPA will confer to determine whether
a new TAPA is appropriate and, if so, then the parties will follow the
procedures in section
210.123,
RSMo, and this regulation to implement a new TAPA. The division is to schedule
an emergency TDM meeting to facilitate the meeting between the remaining
parties to the TAPA.
(10) Notwithstanding any other provision of this regulation, the
Children's Division retains the right and authority without prior notice in its sole discretion to take any action authorized by law to protect the safety and welfare of any child served under a TAPA, including, but not limited to: conducting investigations and family assessments, making referrals to law enforcement, and referring the matter to the juvenile officer with a recommendation for further action.
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