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Title:

Child Welfare Manual

Section 2:

Intake

Chapter 4:

Investigation Response

Subsection 5:

Alleged Perpetrator Appeal Process

Sub-Subsection 4:

Senate Bill 54 Review

Effective Date:

September 13, 2011

§2 ch4: Investigation Response

• 4.5.4   Senate Bill 54 Review

  Pursuant to section 210.152.3 RSMo., the Children's Division may reopen an investigation for review if:

  • The request is made by  the alleged perpetrator, the victim, the victim’s parent, legal guardian or legal custodian if the victim is under the age of 18, or the office of the child advocate; and
  • If the request is based on new, specific, and credible evidence that shows that the Division's decision was based on fraud or misrepresentation of material facts; and
  • If the new evidence establishes that, absent such fraud or misrepresentation, the division's decision would have been different.

  A material fact is a fact that if known would have changed the outcome of the Division’s final determination, but was not known at the time due to that particular fact being represented falsely, incorrectly or improperly.  The person requesting that the case be reopened must show that he or she was not at fault, negligent or inattentive when the misrepresentation of material fact was made or to the case.

  Fraud means that the evidence relied upon by the Division to make its final decision was based upon untruthful or fabricated evidence.  The person making the Senate Bill 54 Review request must demonstrate that he or she was not at fault, negligent or inattentive to the case.

  Section 210.152.3 RSMo., provides that other than the Office of the Child Advocate, any person who makes a request to reopen a case for review based on facts which the person knows to be false or misleading or who acts in bad faith or with the intent to harass the alleged victim or perpetrator shall not have immunity from any liability, civil or criminal, for providing the information and requesting that the Division reopen the investigation and is guilty of a class A misdemeanor.

  1. Who May Request that a Case be Reopened for Review?
     • The alleged perpetrator;
     • The alleged victim;
     • The alleged victim's parent, legal custodian, or legal guardian if the victim is under age 18; or
     • The Office of the Child Advocate.
  2. What types of cases are accepted for review?
     • Only investigations with a final determination may be reopened for review.  A final determination is:
       • Preponderance of the evidence findings in which notification of the determination has been sent to the alleged perpetrator and sixty (60) days has elapsed without the alleged perpetrator requesting an appeal; or
       • Preponderance of the Evidence findings, in which the alleged perpetrator has requested an appeal and the CA/N Review Board has overturned the Division’s decision and notification has been sent; or.
       • Preponderance of the evidence findings in which the alleged perpetrator has requested an appeal, the CA/N Review Board has upheld the Division’s decision, notification has been sent, and sixty (60) days has elapsed without the perpetrator requesting a trial de novo in the appropriate circuit court; or,.
       • Unsubstantiated findings by the Division where notification has been sent.
  3. Timeframe for making a request:
     • Requests shall be made within a reasonable time, but no later than one (1) year from the date that the Division’s decision became final.  Requests that are received by the Division that are more than one year from the date of the final decision shall be denied and the case shall not be reopened.
  4. Criteria for accepting a SB 54 Review
     • Information obtained must be new, specific, and credible evidence obtained that the Division's decision was based on fraud or misrepresentation of material facts and that absent such fraud or misrepresentation the Division's decision would have been different.
     • The basis for reopening a case for review shall not be based on any information which the person requesting the review knew, should have known, or could by the exercise of reasonable care have known before the date of the Division's final decision, unless the person shows by a preponderance of the evidence that he or she could not have provided such information to the Division before the date of the Division's final decision.
     • Cases shall not be reopened for review while the case is pending before a court of this state; nor when a court has entered a final judgment after de novo judicial review pursuant to section 210.152.  If the Division receives a request to reopen a case for review while there is a de novo judicial review pending before the courts or if a court has entered a final judgment after de novo judicial review shall be denied.
     • Failure to understand the consequences of the Division’s final decision does not qualify as a ground to reopen a case for review.  A case will not be reopened on the basis that the requestor failed to timely request administrative or judicial review.

  • 4.5.4.1 Senate Bill 54 Review Procedure

    The following are steps which Division staff should facilitate in order to process a SB 54 Request:

    • Individuals eligible to request SB54 review may contact their local office, Central Office or access the CD-SB54 from the Children’s Division Eforms webpage.  The local CD office or Central Office should give the individual the form or direct the individual to the Eforms website;
      • The Requestor should fill out as much case data as they know as well as the Requestor’s contact information on the CD-SB54 form;
      • The Requestor should answer the questions pertaining to the case and the alleged fraud or misrepresentation of material fact, with as much relevant detail as possible;
      • The Requestor may submit copies of any relevant documents, photographs or other information that the person making the request wishes to attach; and
      • The Requestor should sign the document and send the CD-SB54 form to CD Central office to be logged and screened.
    • Central Office should obtain pertinent case records and send a request to the Division of Legal Services for legal advice before making a decision;
    • DLS may then offer advice regarding how the Division should proceed. The legal advice that DLS provides shall be confidential, privileged communication and shall not be disclosed.
    • If the criteria are met, the SB 54 Review shall be sent to the local Children’s Division to complete an administrative review, supplement the investigation, or to reinvestigate, depending on the facts and circumstances of the case.  Central office will also send notification of the decision to reopen the case for review to the alleged perpetrator, the child’s parents/guardian and others who are entitled to notice;
    • The local Division office will have thirty (30) days from receipt of the request from Central Office to complete the required investigation and make a determination. The determination may be based on evidence collected in the original investigation as well as the new investigation, depending what is most appropriate given the circumstances of the case.
    • Local staff shall notify Central Office regarding the outcome of the SB 54 Review as follows:
      • If a previously determined conclusion of unsubstantiated has been changed to a finding of child abuse or neglect by a preponderance of the evidence the finding shall be entered in FACES as a preliminary finding, and all of the alleged perpetrator’s rights to appeal shall apply. A CS-21 form may be used for this purpose;
      • If a previously determined conclusion of preponderance of the evidence is overturned the finding shall be entered in FACES and written notice shall be sent to parents, non-custodial parents (when address is known), alleged perpetrators, and Guardians ad Litem (including Court Appointed Special Advocate).  If the SB 54 Review was requested by the Office of the Child Advocate (OCA), OCA would also receive notification. Staff should use Senate Bill 54 Disposition Notification (CD-SB54C)form to give notice. The CS-21 form should NOT be used for this purpose
      • If a previously determined conclusion of preponderance of the evidence is not overturned a notation shall be made in the FACES Investigation narrative. The investigator shall send a written notification that the original decision stands to parents, non-custodial parents (when address is known), alleged perpetrators, and Guardians ad Litem (including Court Appointed Special Advocate).  If the SB 54 Review was requested by the Office of the Child Advocate (OCA), OCA would also receive notification. Staff should use Senate Bill 54 Disposition Notification (CD-SB54C) form to give notice. The CS-21 form should NOT be used for this purpose.
    • Central Office shall log the results of each Senate Bill 54 Review.

Chapter Memoranda History: (prior to 1/31/07)

• CS03-46,
• CS03-51,
• CD04-69,
• CD04-79,
• CD04-89,
• CD05-35,
• CD05-40,
• CD05-50,
• CD05-51,
• CD05-68,
• CD05-72,
• CD06-09,
• CD06-15,
• CD06-34,
• CD06-67,
• CD06-78

Memoranda History:

• CD07-25,
• CD08-22,
• CD10-69,
• CD11-75