Mo. Code Regs. tit. 13 § 35-31.100

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 13 CSR 35-31.100 - Use and Dissemination of Information from the Central Registry

PURPOSE: This rule establishes the use and dissemination of child abuse and neglect findings from the Central Registry by the Children's Division.

(1) As defined in section 210.110, RSMo, the central registry is a registry of persons where the children's division maintains records of final determinations by the division or a court that persons have committed child abuse or neglect or pleaded guilty to or have been found guilty of offenses enumerated in sections 210.110(3) or 210.118 RSMo.

(2) Pursuant to sections 210.110 and 210.152 RSMo, the children's division shall retain records in the central registry in perpetuity, including for persons placed on the central registry prior to August 28, 2004.

(3) The children's division shall not use or disseminate a finding in the central registry to conduct a background check for employment with a third party or to find a person ineligible for employment with a third party or presence at a residential care facility or child placement agency, unless and until the finding is final and-

(A) The finding has been substantiated by court adjudication, by at least a preponderance of the evidence standard;

(B) The finding has been upheld by a preponderance of the evidence standard;

(C) The person has waived administrative review or judicial review; or

(D) The person has been found guilty of or pleaded guilty to an offense enumerated in sections 210.110(3) or 210.118, RSMo.

(4) To the extent authorized by law, the children's division may use and disseminate records in the central registry for any purpose authorized or required by law, including-

(A) To respond to child abuse and neglect reports;

(B) Conduct investigations and assessments;

(C) Assist child welfare and law enforcement agencies with the protection of children from abuse or neglect and the provision of child welfare services;

(D) Assist law enforcement and prosecuting attorneys in criminal or civil investigations or prosecutions;

(E) Determine the best interests of a child and make permanency decisions and recommendations;

(F) Assess a child's health, safety, and well-being;

(G) Conduct research and statistical analysis; or

(H) For all other related purposes authorized by law.

13 CSR 35-31.100

Adopted by Missouri Register April 3, 2023/Volume 48, Number 7, effective 5/31/2023