Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 31 - Child Abuse
Section 13 CSR 35-31.010 - Definitions
Universal Citation: 13 MO Code of State Regs 35-31.010
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule establishes definitions pertaining to investigations and assessments conducted pursuant to Chapter 210, RSMo.
(1) The Children's Division shall use the definitions set forth below when conducting investigations and assessments pursuant to Chapter 210, RSMo.
(A) "Emotional
abuse" is any injury to a child's psychological capacity or emotional stability
demonstrated by an observable or substantial change or impairment in the
child's behavior, emotional response, or cognition, which may include, but is
not limited to: anxiety, depression, withdrawal, or aggressive behavior; and
which may be established by either lay or expert witnesses.
(B) "Physical injury" includes any bruising,
lacerations, hematomas, welts, permanent or temporary disfigurement; loss, or
impairment of any bodily function or organ, which may be accompanied by
physical pain, illness, or impairment of the child's physical
condition;
(C) "Proper or necessary
support" includes adequate food, clothing, shelter, medical care, or other care
and control necessary to provide for the child's physical, mental, or emotional
health or development.
(D) "Sexual
abuse" is any sexual or sexualized interaction with a child, except as
otherwise provided in paragraph 2. below.
1.
Sexual abuse shall include, but is not limited to:
A. Any touching of the genitals, anus or
buttocks of a child, or the breast of a female child, or any such touching
through the clothing; any act involving the genitals of a child and the hand,
mouth, tongue, or anus of another person; or any sexual act involving the
penetration, however slight, of a child's mouth, penis, female genitalia, or
anus by any body part of another person, or by any instrument or
object;
B. Any conduct that would
constitute a violation, regardless of arrest or conviction, of Chapter 566,
RSMo if the victim is less than eighteen (18) years of age, section
567.050,
RSMo if the victim is less than eighteen (18) years of age, sections
568.020,
568.060,
568.080,
or 568.090, RSMo, sections
573.025,
573.035,
573.037,
or 573.040, RSMo, or an attempt to commit any of the preceding
crimes;
C. Sexual exploitation of
the child, which shall include:
(I) Allowing,
permitting, or encouraging a child to engage in prostitution, as defined by
state law; or
(II) Allowing,
permitting, encouraging, or engaging in the obscene or pornographic
photographing, filming, or depicting of a child as those acts are defined by
state law. This includes the storage or transmission of any data depicting said
obscene or pornographic acts, images, or recordings.
2. Any reasonable interaction with
a child, including touching a child's body for the purpose of providing the
proper or necessary care or support of the child, shall not be considered
sexual abuse. The touching of a child's body, including a child's genitals,
buttocks, anus, or breasts for reasonable, medical, child rearing, or child
care purposes shall not be considered sexual abuse.
3. The division shall not be required to
prove that the alleged perpetrator received sexual gratification or that there
was an exchange or promise of anything of value as a result of the act of
sexual abuse to establish sexual abuse under Chapter 210 or 211,
RSMo.
4. The use of force or
coercion is not a necessary element for a finding of sexual abuse.
5. Sexual abuse may occur over or under the
child's clothes.
6. The division
shall not be required to prove that the child suffered trauma or harm as a
result of the act of sexual abuse.
7. A child cannot consent to a sexual or
sexualized act or interaction with a person responsible for that child's care,
custody, and control.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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