Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 31 - Child Abuse
Section 13 CSR 35-31.027 - Juveniles with Problem Sexual Behaviors
Universal Citation: 13 MO Code of State Regs 35-31.027
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule addresses the procedures assessing juveniles with problem sexual behaviors as required by section 210.148, RSMo.
(1) The Children's Division shall use the definitions set forth below when conducting juvenile reports pursuant to section 210.148, RSMo.
(A) "Family assessment and services
approach" shall mean an approach by the Children's Division which provides for
a prompt assessment of a child who has been alleged to have engaged in problem
sexual behavior and of the child's family, including risk of abuse and neglect
and, if necessary, the provision of community-based services to reduce the risk
and support the family.
(B)
"Juvenile with Problem Sexual Behavior" and "Juvenile" shall mean any person
under fourteen (14) years of age who has allegedly committed sexual abuse
against another child.
(C)
"Juvenile Report" means a report of a child with problem sexual behaviors
handled under section
210.148,
RSMo, and this regulation.
(D)
"Juvenile Sexual abuse" by children under fourteen (14) years of age under
section
210.148,
RSMo, and for purposes of this regulation, shall mean any sexual or sexualized
interaction with a child including, but not limited to, acts that are age or
developmentally inappropriate and-
1. Involve
force or threats of the use of force;
2. Are intrusive;
3. Are unwelcome;
4. Result in physical injury or cause
emotional trauma to the victim child; or
5. Are coercive or manipulative.
(2) Juvenile Report Screen-In Criteria.
(A) Calls received by the
Child Abuse/Neglect Hotline Unit (Hotline) involving concerns of a juvenile
with problem sexual behavior will be accepted as a juvenile report when-
1. The reporter identifies concerns that a
child has committed sexual abuse involving another child; and
2. The reporter identifies the juvenile as
being under the age of fourteen (14) at the time of the call to the
hotline.
(B) Reporters
to the hotline must disclose the identity of the juvenile and victim child(ren)
if known.
(C) Calls received by the
Child Abuse/Neglect Hotline Unit (Hotline) will be not be accepted as a
juvenile report when-
1. The allegations
concern physical abuse or other non-sexual reports; or
2. The juvenile with alleged problem sexual
behavior resides in another state.
(D) If the Children's Division determines the
juvenile had care, custody, or control of the victim child, the Children's
Division shall conduct both an investigation and a juvenile report.
(3) Family Assessment and Services Approach.
(A) In addition to conducting a
family assessment and services approach of the juvenile with alleged problem
sexual behaviors and of the child's family, the Children's Division shall also
assess the needs of the victim and the victim's family.
(B) The Children's Division may provide
services to the families of the juvenile with alleged problem sexual behaviors
and of the victim as appropriate.
(C) Participation in services is
voluntary.
(4) Referral to Juvenile Office.
(A) The Children's
Division may refer the juvenile with alleged problem sexual behaviors to the
juvenile office under one (1) or more of the following circumstances:
1. Reports in which the child has committed
an act of sexual abuse and caused serious physical injury and/or used a
weapon;
2. When the
parent/caregiver of the juvenile with alleged problem sexual behaviors does not
engage in the assessment process or there is no evidence that the
parent/caregiver is taking steps to prevent future problem sexual
behavior;
3. When the juvenile does
not engage in the assessment process;
4. When there is a repeated incident of
problem sexual behavior by the child;
5. When the Children's Division's assessment
reveals the child's behaviors are of such severity that the child cannot be
safely maintained in the home and/or community; or
6. Other situations as deemed appropriate by
the Children's Division on a case-by-case basis.
(5) Parental notification and consent to interview.
(A) The Children's
Division shall notify a parent and obtain his or her consent prior to
interviewing the juvenile with alleged problem sexual behaviors.
(B) The Children's Division shall notify a
parent of the victim child prior to interviewing the child, but does not have
to obtain the parent's consent.
(C)
The Children's Division shall notify any known guardian ad
litem of the juvenile with alleged problem sexual behaviors or victim
children prior to interviewing the child, but does not need to obtain the
guardian ad litem's consent.
(D) Notification may be made either verbally
or in writing.
(6) Retention of juvenile reports. Juvenile reports shall be retained on the same schedule as family assessments completed in response to a child abuse/neglect report as defined in section 210.152, RSMo.
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.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
