MISSOURI

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WHO:        ANY person MAY report if s/he has reasonable cause to suspect that a child has been subjected to abuse or neglect.  [Rev. Stat. § 210.115(5)]

These are mandatory (MUST report): • Physicians, medical examiners, coroners, dentists, chiropractors, optometrists, podiatrists, residents, interns, nurses; hospital or clinic personnel that are engaged in the examination, care, treatment or research of persons; or any other health practitioners • Psychologists, mental health professionals, or social workers • Daycare center workers or other child care workers • Juvenile officers, probation or parole officers, or jail or detention center personnel • Teachers, principals, or other school officials • Ministers, including clergypersons, priests, rabbis, Christian Science practitioners, or other persons serving in a similar capacity for any religious organization • Peace officers or law enforcement officials • Volunteers or personnel of community service programs that offer support services for families in crisis to assist in the delegation of any powers regarding the care and custody of a child by a properly executed power of attorney • Other persons with responsibility for the care of children • [Rev. Stat. §§ 210.115(1); 352.400(3)]  Film and photo print processors; computer providers, installers, or repair persons; or internet service providers.  [Rev. Stat. § 573.215(1)]

·       NOTE: The mandate concerns observations at any time, not just at work.

·       STANDARD:  [Rev. Stat. §§ 210.110(4); 210.115(1),(5); 573.215(1)]  Child means under age 18, regardless of physical or mental condition.

(1)      For mandatory reporters except the film / photo / computer / internet group: (a) reasonable cause to suspect that a child has been or may be abused or neglected; or (b) observation of a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect.

(2)      For: film & photo print processors; computer providers, installers or repair persons; or any internet service provider: knows of or observes any film, photo, video, negative, slide, or computer-generated image or picture depicting a child under age 18 engaged in a sexual act; however this does not require a service provider for e-communications or remote computing to monitor for that. 

(3)      For other reporters: (a) reasonable cause to suspect that a child has been or may be abused or neglected; or (b) observation of a child being subjected to conditions or circumstances that would reasonably result in abuse or neglect. 

·       PRIVILEGE:  Only attorney-client or clergy-communication privilege may be grounds for failure to report.  [Rev. Stat. § 210.140]

WHEN:      For mandated reporters except the film / photo / computer / internet group: IMMEDIATE report only. For the film / photo / computer / internet group: IMMEDIATE or AS SOON AS PRACTICALLY POSSIBLE.  [Rev. Stat. §§ 210.115(1); 573.215(1)] 

WHERE & HOW: contact Division of Family Services (DFS); EXCEPT film / photo / computer / internet reporters must report underage images to a law enforcement agency.  [Rev. Stat. §§ 210.115(1); 573.215(1); http://taneycountyprosecutor.com/victimwitness/child-abuse/]

Special case: where two or more mandatory reporters at a medical institution must report the same case, they may designate a team member to make a single report to DFS. Any member with relevant knowledge omitted from it, must immediately afterward make his/her own report. The employer must grant immediate, unrestricted access to necessary technology, and relieve reporters of other duties while reporting.  [Rev. Stat. § 210.115(2)]

Special case: for suspicious death of a child who is or may be under age 18: a mandatory reporter must also notify the local medical examiner or coroner. [Rev. Stat. §§ 210.115(6)]

Redundancy: Suspicions may be reported to a law enforcement agency or juvenile office, but a report MUST also be made to DFS (hotline or otherwise).  [Rev. Stat. §§ 210.115(7)]

For emergencies:                              Dial 911 immediately; report afterward.

Reports: 

·        ORAL reports to DFS are by phone or otherwise. Mandatory reports must turn over sexual abuse or molestation evidence within 24 hrs.  [Rev. Stat. §§ 210.130(1),(3)]

·        HOTLINE:  1-800-392-3738 –or– 1-844-CAN-TELL (= 1-844-226-8355)  Children’s Division Child Abuse and Neglect Hotline (CA/NHU) is toll-free, answered 24/7.  

·        FOR OUT-OF-STATE calls about a Missouri child:  (573) 751-3448

·        FOR THE HEARING AND SPEECH IMPAIRED:  Relay Missouri 1-800-735-2466/voice and 1-800-735-2966/text phone.

·        (Non-emergency) ONLINE System for Child Abuse and Neglect Reporting (OSCR) by mandatory reporters:  the site also links to a reporting guide and FAQs.

  https://apps.dss.mo.gov/OnlineCanReporting/default.aspx

or see http://dss.mo.gov/cd/can.htm

·        For CORONERS & MEDICAL EXAMINERS:  A statewide directory is posted at

https://mcmea.org/membership-roster/ .

·        A LAW enforcement directory is at https://www.usacops.com/mo/ .

·        JUVENILE offices are with local (county) courts; a county office directory is posted at: https://www.mo.gov/government/city-county-government/  .

·        RESOURCE: (Detailed) Guidelines for Mandated Reporters of Child Abuse and Neglect (1/2020) posted at  https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf

OTHER ASPECTS

·       INSTITUTIONAL: No [medical institution] supervisor or administrator may impede, inhibit, or sanction a report.  [Rev. Stat. § 210.115(2)] 

·       REPORT DETAILS: Reports MUST contain: (1) names and addresses of the child and parents or other caretakers, if known; (2) the child's age, sex, and race; (3) nature and extent of injuries, and any evidence of previous injuries, abuse, or neglect to the child or his/her siblings; (4) name, age, and address of the person responsible for injuries, abuse, or neglect, if known; (5) family composition; (6) source of the report; (7) reporter’s name, address, occupation, and contact info; (8) reporter’s actions taken (e.g., color photos, radiology exams, removal/keeping of child, notifying coroner/M.E.); (9) where the child can be located; (10) any other info that might be helpful.  [Rev. Stat. § 210.130(2)]  Reporters are also asked: (A) whether the child is currently in a life-threatening situation; (B) how they know about the abuse/neglect; (C) whether they witnessed it; and (D) whether there were other witnesses and how they can be reached.  [http://taneycountyprosecutor.com/victimwitness/child-abuse/]

·       REPORTER PROTECTION: (1) [Mandatory] reports MUST give the reporter’s name, address, occupation, and contact info.  [Rev. Stat. § 210.130(2)]   (2) Reporter identifying info is not furnished to any child, parent, guardian, or alleged perpetrator named in the report.  [Rev. Stat. §§ 210.150(4),(5)]  (3) Anyone complying with the reporting law is immune from civil and criminal liability; but that immunity is disqualified by an intentionally false report, bad faith, or ill intent.  [Rev. Stat. § 210.135(1)-(3)]

WHY:        (1) Failing to report, or otherwise violating the reporting rule is: a class A misdemeanor.  [Rev. Stat. § 210.165(1)]  But (2) it is a class B misdemeanor if child porn is observed or known but not reported by: a film and photo print processor; computer provider, installer or repair person; or any internet service provider; this does not oblige a provider of e-communications services or remote computing services to monitor for child porn.  [Rev. Stat. § 573.215(1)]  (3) Intentionally filing a false report is a class A misdemeanor on a first offense, and class E felony per violation after the first conviction.  [Rev. Stat. § 210.165(2)-(3)]

WHAT:      Missouri prohibits non-accidental physical injury, sexual abuse, emotional abuse, sex trafficking, severe forms of trafficking, and neglect.  [Rev. Stat. §§ 210.110(1),(12)]    

Initial Screening Criteria: Whether either the child or alleged perpetrator resides in Missouri, may be found in Missouri, or if the incident occurred in Missouri. [Rev. Stat. § 210.145(4)]  For Missouri cases, reports are classified by alleged risk and injury to the child. Currently they are screened for whether they: (a) meet [statutory] criteria for abuse or neglect; (b) involve a crime; (c) need family services; (d) need juvenile assessment (for sexual behaviors); or (e) need a referral for a non-caretaker, newborn crisis, preventive service, or non-abuse, non-neglect fatality.  [Rev. Stat. § 210.110(2); Code of Regs. tit. 13, § 35-31.020; pp. 15-17 at https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf]

·        Allegation factors include: (i) serious physical abuse, and siblings in the home; (ii) child fatality due to abuse or neglect, and siblings in the home; (iii) current physical abuse; (iv) injuries or symptoms requiring immediate medical care, or child needing immediate psychiatric care due to abuse; (v) severe or inhumane measures; (vi) perpetrator with access in the next day, or child afraid to go home; (vii) abuse in the last thirty (30) days; (viii) child now in a protected environment; (ix) immediate danger; (x) prior non-harassment abuse or neglect reports; (xi) educational neglect only; (xii) severe emotional trauma or physical injury from sexual abuse; (xiii) child seriously ill, injured, or in need of care; or (xiv) child with chronic illness or injuries requiring attention. 

·        Classify alleged risk to child health & safety, using an assessment for use by 1/1/2022.      

Reportable: (a) persons responsible for the child’s care, custody, and control, for physical injury, sexual abuse, emotional abuse, sex trafficking, trafficking severe forms, or neglect; or (b) anyone, for physical injury, sexual abuse, emotional abuse, sex trafficking, or trafficking severe forms.  Rev. Stat. §§ 210.110(1),(12); 210.115(1)]

·        Those responsible for the child’s care, custody, and control include, but are not limited to: (a) the parents or legal guardians; (b) other household members; (c) anyone supervising him/her for any part of a 24-hour day; (d) anyone with access to him/her, based on a relationship to the parents, household members, or family; (e) anyone who takes control of the child by deception, force, or coercion; and (f) school personnel, contractors, and volunteers, if the relationship with the child was established through the school or school-related activities, though alleged abuse or neglect occurred elsewhere or outside of school hours.  [Rev. Stat. § 210.110(16)]

·        Note: Although screening is for acts by the child’s inner circle, abuse by anyone may still be a crime, and the statute requires reporting it.  [Rev. Stat. § 210.115(1)]

Abuse means (a) any non-accidental: (b) physical injury, sexual abuse, or emotional abuse, (c) inflicted on a child by those responsible for the child's care, custody, and control. Sex trafficking or severe forms of trafficking (by anyone) are also abuse; see 22 U.S.C. 78 Section 7102(11)-(12).  [Rev. Stat. § 210.110(1)] 

(A)     Physical Injury means any non-accidental physical injury inflicted on a child by those responsible for the child’s care, custody, and control.  (a) Injuries to thighs, calves, genitals, buttocks, cheeks, earlobes, lips, neck and back are likelier from abuse than injuries to the elbows, knees, shins and hands. (b) In younger children bruises over bony parts (e.g., chin and forehead) are common from falls. (c) In infants, bruises are suspect due to their limited mobility and opportunity to harm themselves. [Rev. Stat. § 210.110(1); p. 25 at https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf]

(1)     CAVEAT:  Discipline, including spanking, administered in a reasonable manner, is NOT considered abuse.  [Rev. Stat. § 210.110(1)] 

(B)     Sexual abuse means any non-accidental sexual abuse inflicted on a child by those responsible for the child’s care, custody, and control. Only a small percentage of cases have physical indicators. Behavioral indicators include extremes in: (a) unusual knowledge of sex; (b) acting out; (c) confusion over sexual identity; (d) fear of one gender; (e) curiosity about sexual body parts; (f) masturbation; (g) sexual activity with other children; (h) affectionless or affectionate; (i) role reversal with same sex parent; (j) non-participation in gym; (k) difficulty sitting or walking; (l) guilt over parents' marriage; (m) night terrors; (n) deviant sexuality; (o) runaway; (p) withdrawn; (q) aggressive; (r) depressed; (s) bedwetting; (t) regression; (u) retreated to fantasies; (v) poor peer relationships; (w) sudden school problems; (x) arson; (y) emotional instability; (z) delinquent; (aa) behavioral changes, e.g., loss of appetite; (ab) self-mutilation; (ac) cruelty to animals; (ad) low self-esteem; (ae) defiance; (af) lying; (ag) sleep disorders; (ah) speech disorders; and/or (ai) self-destruction)  [Rev. Stat. § 210.110(1); pp. 26-29 at https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf]

(1)     CONTEXT: THE AGE OF CONSENT is 17, for a partner age 14 or more. A child age 14, 15, or 16 can consent to sexual contact with a partner no more than 4 years older. A child under age 14 cannot consent. Mistake-in-age is a defense as to 17, but not as to under age 14. [Ann. Stat. §§ 556.032; 556.034; 556.071; 566.020; 566.067]

(2)     CONTEXT: INCEST is marriage, purporting to marry, sexual intercourse, or deviate sexual intercourse, knowing the partner is – legitimately or not – one’s: (a) ancestor or descendant by blood or adoption; (b) stepchild, while the marriage creating that relationship exists; (c) brother or sister of whole or half-blood; or (d) uncle, aunt, nephew or niece of whole blood.   [Ann. Stat. § 568.020(1)]

(C)     Emotional abuse is non-accidentally inflicted by those responsible for the child’s care, custody, and control. Physical indicators include: (a) developmental delays (physical, emotional, or intellectual); (b) failure to thrive; (c) blank expression; (d) speech disorders; (e) suicide attempt; (f) avoiding eye contact; (g) stress symptoms (bedwetting, hair-pulling, ulcers, headaches, hives). Behavioral indicators include: (i) habit disorders (sucking, biting, rocking, bedwetting, eating disorders); (ii) conduct disorders (self-destructive and antisocial: oblivious to risks, destructive, cruel, theft, hyperactive, disruptive); (iii) neurotic disorders (insomnia, lack of inhibition, depression, anxiety, fearfulness); (iv) behavioral extremes (passive or aggressive, impulsive, compliant, demanding, withdrawn); and (v) inappropriately adult (parenting others) or infantile (rocking, head-banging, thumb-sucking).   [Rev. Stat. § 210.110(1); pp. 32-33 at https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf]

(D)     Sex trafficking means to recruit, harbor, transport, provide, obtain, patronize, or solicit a person for the purpose of a commercial sex act. [22 U.S.C. 78 § 7102(12); Rev. Stat. § 210.110(1)]

(E)     Severe forms of trafficking include (a) inducing a child to perform commercial sex; (b) using force, fraud, or coercion to induce anyone to perform commercial sex, and/or (b) using force, fraud, or coercion to subject someone to involuntary servitude, peonage, debt bondage, or slavery, for any type of labor.   [22 U.S.C. 78 Section 7102(11); Rev. Stat. § 210.110(1)] 

Neglect means (a) those responsible for the child’s care, custody, and control (b) fail to provide (c) proper or necessary: support; education required by law (continuous absence, NOT truancy or homeschooling); nutrition; or medical, surgical, or other care needed for well-being.  Sex trafficking and trafficking severe forms above may be from neglect. [Rev. Stat. § 210.110(12); pp. 29-31 at https://dss.mo.gov/cd/pdf/guidelines_can_reports.pdf]

(A)     Physical signs: one or more persist: (a) hunger; (b) poor hygiene or unbathed; (c) improper or inadequate clothes; (d) non-supervision; (e) abandonment; (f) tiredness; (g) poor care (scabies, head lice, bacterial infections); (h) small child’s diaper rash; (h) developmental delays (e.g. age 3 but doesn’t verbalize); (i) low blood count; (j) undersized and/or underweight; (k) failure to thrive; or (l) untreated illness or injury.

(B)     Behavioral signs: (a) child begs or steals food; (b) excessive responsibility or relies heavily on another child; (c) irregular school attendance, or excessive tardiness; (d) remains at home for extended hours; (e) tiredness in school; (f) substance abuse; (g) delinquency; (h) early arrival or late departure at school or other care places; (i) child states there is no caretaker; (j) inability to form appropriate relationships with peers and adults; and/or (k) eating disorders (e.g., over-eating or hoarding food). 

(C)     Caveat: It is NOT abuse or neglect to substitute a legitimate religious practice for medical treatment, but it may be reported and authorities may intervene if the child’s health requires it.  [Rev. Stat. § 210.115(4)]