Review and Expunction of Central Registries and Reporting Records - Missouri

Right of the Reported Person to Review and Challenge Records
Citation: Ann. Stat. § 210.152

Any person named in an investigation as a perpetrator who is aggrieved by a determination of abuse or neglect by the Children's Division may seek an administrative review by the child abuse and neglect review board pursuant to the provisions of § 210.153. Such request for review shall be made within 60 days of notification of the division's decision under this section. In those cases where criminal charges arising out of facts of the investigation are pending, the request for review shall be made within 60 days from the court's final disposition or dismissal of the charges.

In any such action for administrative review, the child abuse and neglect review board shall sustain the division's determination if such determination was supported by evidence of probable cause prior to August 28, 2004, or is supported by a preponderance of the evidence after August 28, 2004, and is not against the weight of such evidence. The child abuse and neglect review board hearing shall be closed to all persons except the parties, their attorneys, and those persons providing testimony on behalf of the parties.

If the alleged perpetrator is aggrieved by the decision of the child abuse and neglect review board, the alleged perpetrator may seek de novo judicial review in the circuit court in the county in which the alleged perpetrator resides. The request for a judicial review shall be made within 60 days of notification of the decision of the child abuse and neglect review board decision. In reviewing such decisions, the circuit court shall provide the alleged perpetrator with the opportunity to appear and present testimony. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter. However, the circuit court shall have the discretion to allow the parties to submit the case upon a stipulated record.

In any such action for administrative review, the child abuse and neglect review board shall notify the child or the parent, guardian, or legal representative of the child that a review has been requested.

When Records Must Be Expunged
Citation: Ann. Stat. § 210.152

All information, including telephone reports, relating to reports of abuse or neglect received by the Children's Division shall be retained by the division or removed from the records of the division as follows:

• For investigation reports contained in the central registry, the report and all information shall be retained by the division.
• For investigation reports initiated against a mandated reporter, where insufficient evidence of abuse or neglect is found by the division and where the division determines the allegation of abuse or neglect was made maliciously, for purposes of harassment, or in retaliation for the filing of a report by a mandated reporter, identifying information shall be expunged by the division within 45 days from the conclusion of the investigation.
• For investigation reports, where insufficient evidence of abuse or neglect is found by the division and where the division determines the allegation of abuse or neglect was made maliciously, for purposes of harassment, or in retaliation for the filing of a report, identifying information shall be expunged by the division within 45 days from the conclusion of the investigation.
• For investigation reports initiated by a mandated reporter, where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for 10 years from the conclusion of the investigation. For all other investigation reports where insufficient evidence of abuse or neglect is found by the division, identifying information shall be retained for 5 years from the conclusion of the investigation. Such reports shall include any exculpatory evidence known by the division, including exculpatory evidence obtained after the closing of the case. At the end of such time, the identifying information shall be removed from the records of the division and destroyed.
• For investigation reports where the identification of the specific perpetrator or perpetrators cannot be substantiated and the division has specific evidence to determine that a child was abused or neglected, the division shall retain the report and all information but shall not place an unknown perpetrator on the central registry. The division shall retain all information. The division shall retain and disclose information and findings in the same manner as the division retains and discloses family assessments. If the division made a finding of abuse or neglect against an unknown perpetrator prior to August 28, 2017, the division shall remove the unknown perpetrator from the central registry but shall retain and utilize all information as otherwise provided in this section.
• For reports where the division uses the family assessment and services approach, information shall be retained by the division.
• For reports in which the division is unable to locate the child alleged to have been abused or neglected, information shall be retained for 18 years from the date of the report and then shall be removed from the records by the division.