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
The alleged perpetrator named in the report and the parents of the child named in the report, if the alleged perpetrator is not a parent, shall be notified in writing of any determination based on the investigation made by the Division of Family Services within 90 days, 120 days in cases involving sexual abuse, or until the investigation is complete in cases involving a child fatality or near-fatality. The notice shall advise either:
- That the division has determined by a probable-cause finding (prior to August 28, 2004) or by a preponderance of evidence (after August 28, 2004) that abuse or neglect exists and that the division shall retain all identifying information regarding the abuse or neglect; that such information shall remain confidential and will not be released except to law enforcement agencies or prosecuting or circuit attorneys or as provided in § 210.150; and that the alleged perpetrator has 60 days from the date of receipt of the notice to seek reversal of the division's determination through a review by the child abuse and neglect review board
- That the division has not made a probable cause finding or determined by a preponderance of evidence that abuse or neglect exists
The division may reopen a case for review if new, specific, and credible evidence is obtained.
Any person named in an investigation as a perpetrator who is aggrieved by a determination of abuse or neglect by the division may seek an administrative review by the child abuse and neglect review board. The request for review must be made within 60 days of notification of the division's decision. In those cases where criminal charges based on the 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 action for administrative review, the child abuse and neglect review board shall sustain the division's determination if that determination was supported by evidence of probable cause prior to August 28, 2004, or is supported by a preponderance of evidence after August 28, 2004, and is not against the weight of the 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. 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. In reviewing these decisions, the circuit court shall provide the alleged perpetrator the opportunity to appear and present testimony. The alleged perpetrator may subpoena any witnesses except the alleged victim or the reporter.
In the 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
For investigation reports where there is insufficient evidence of abuse or neglect, and the Division of Family Services determines that the allegation was made maliciously, for purposes of harassment, or in retaliation for the filing of a report, identifying information shall be expunged 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 5 years from the conclusion of the investigation.
For all other reports where there is insufficient evidence, identifying information shall be retained for 2 years. At the end of that time, the identifying information shall be removed from the records of the division and destroyed.
For reports in which the division is unable to locate the child alleged to have been abused or neglected, identifying information shall be retained for 10 years from the date of the report and then shall be removed from the records of the division.