Mo. Code Regs. tit. 13 § 35-31.027

Current through Register Vol. 49, No. 9, May 1, 2024

Section 13 CSR 35-31.027 - Juveniles with Problem Sexual Behaviors

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.

13 CSR 35-31.027

Adopted by Missouri Register July 1, 2016/Volume 41, Number 13, effective 8/31/2016