Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 45 - Division of Legal Services › Chapter 2 - State Technical Assistance Team › Section 13 CSR 45-2.010 - Organization and Operation

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule describes the general organization
				  and function of the State Technical Assistance Team including its
				  responsibilities in providing technical assistance to Child Fatality Review
				  Program (CFRP) panels in investigating and prosecuting cases involving child
				  abuse, child neglect, child sexual abuse, child exploitation or child fatality
				  review. This rule also establishes and describes the functions of local
				  (county) CFRP panels, as well as the state CFRP panel in this child protective
				  services process.
(1) General
				Provisions and Authority. This rule is promulgated under the rulemaking
				authority granted to the Department of Social Services (DSS) pursuant to
				section
				660.017, RSMo.
				Pursuant to Article I V, Section 37 of the
Missouri
				Constitution
, the director of the Department of Social Services is
				charged with promoting improved health and other social services to the
				citizens of the state as provided by law. Section 660.010.2, RSMo authorizes
				the DSS director to coordinate the state's programs devoted to those who are
				unable to provide for themselves and for victims of social disadvantage.
				Section 660.012.2, RSMo also entrusts the DSS director with the duty to use the
				resources allocated to the department to provide comprehensive programs and
				leadership in order to improve services and economical operations. To that end,
				the DSS director has determined that the transfer of the State Technical
				Assistance Team (STAT) from the Division of Family Services (DFS) to the
				Division of Legal Services (DLS) improves the efficiency and economical
				operations of resources and maximizes services to the citizens of this state.
				This rule recognizes that the transfer of STAT from DFS to DLS has been
				accomplished and such rule also provides a mechanism for the promulgation of
				procedures setting forth the function, general organization and operation of
				the State Technical Assistance Team. As a unit of the Division of Legal
				Services, STAT is responsible for performing its duties related to child
				fatality review pursuant to sections
				210.192
				to
				210.196,
				RSMo and its duties related to providing assistance to multidisciplinary teams
				and law enforcement agencies in investigating and prosecuting cases involving
				child abuse, child neglect, child sexual abuse, child exploitation or child
				fatality as prescribed in sections
				660.520
				to 660.527, RSMo. In performing its CFRP mission, STAT is responsible for
				providing training, expertise and assistance to county CFRP panels for the
				review of child fatalities including establishing procedures for the
				preparation and submission of a Final Report by CFRP panels as reflected in
				subsection (4)(K) of this rule.
(2)
				Definitions.
(A) Child abuse means any
				physical injury or emotional abuse inflicted on a child other than by
				accidental means by another person, except that discipline, including spanking,
				administered in a reasonable manner, shall not be construed to be
				abuse.
(B) Child exploitation means
				allowing, permitting or encouraging a child, under the age of eighteen years,
				to engage in prostitution or sexual conduct, as defined by state law, by a
				person responsible for the child's welfare or any other person involved in the
				act, and allowing, permitting, encouraging or engaging in the obscene or
				pornographic photographing, filming or depicting of a child, under the age of
				eighteen years, or the possession of such items, as those acts are defined by
				state law, by a person responsible for the child's welfare or any other person
				involved in the act.
(C) Child
				fatality means the death of a child under the age of eighteen years as a result
				of any natural, intentional or unintentional act.
(D) Child neglect means the failure to
				provide, by those responsible for the care, custody and control of the child,
				the proper or necessary support, education as required by law, nutrition or
				medical, surgical or any other care necessary for the child's
				well-being.
(E) Child sexual abuse
				means to engage in sexual intercourse or deviate sexual intercourse with a
				child or any touching of a child with the genitals, or any touching of the
				genitals, or anus of the child by another person, when the child is a person
				under the age of seventeen years.