13 CSR 35-30.020 - Immediate Safety Intervention Plan
(1) Purpose and Scope-
(A) An Immediate Safety Intervention Plan is
a voluntary, time limited agreement between the Children's Division, a child's
parent(s) and/or legal guardian(s), and any other third parties to protect a
child from one (1) or more identified, immediate threats to the child's safety,
health, and welfare in the short term. The purpose of the Immediate Safety
Intervention Plan is to establish and document in writing a plan to keep a
child safe with the goal of preventing or eliminating the need for the child to
be involuntarily removed from the child's home and/or brought under the
authority of a juvenile or family court pursuant to Chapter 211,
RSMo.
(B) The paramount
consideration for developing, implementing, and monitoring an Immediate Safety
Intervention Plan is to protect the safety, best interests, and welfare of the
child.
(2) Definitions.
For the purposes of this section the following definitions shall apply:
(A) The terms "Safety Plan" and "ISIP" mean
Immediate Safety Intervention Plan;
(B) The word "relative" shall mean a
grandparent or any other person related to another by blood or affinity or a
person who is not so related to the child but has a close relationship with the
child or the child's family. The status of a grandparent shall not be affected
by the death or the dissolution of the marriage of a son or daughter;
and
(C) The phrases "Temporary
Alternative Placement Agreement" and "TAPA" shall mean Temporary Alternative
Placement Agreements as defined in section
210.123, RSMo, and
13 CSR
35-30.030.
(3) Each Immediate Safety Intervention Plan
will be reduced to writing and signed by the parties to the Immediate Safety
Intervention Plan. It will-
(A) Identify the
danger or immediate safety threat(s) to the child;
(B) Identify the services that the division
may offer to address the identified safety threat(s) to the child;
(C) Identify the specific actions that the
child's parent(s), guardian(s), and relative(s) will take to address the
identified safety threat(s) to the child, and specify the time frames during
which those actions will be completed;
(D) Identify any other people or agencies
that are willing and available to support the child and the parent(s),
guardian(s), and/or relative(s) in the implementation of the Immediate Safety
Intervention Plan, and identify what actions they may take to implement the
Immediate Safety Intervention Plan;
(E) Include a statement that the parent(s),
guardian(s), and relative(s) agree to the Immediate Safety Intervention Plan,
that they will participate in good faith with the services offered by the
division, that they will cooperate with the division, and that they will
implement the requirements of the Immediate Safety Intervention Plan;
(F) Specify the date on which the Immediate
Safety Intervention Plan will terminate;
(G) Contain any other provisions that the
parties may deem appropriate; and
(H) Include a plan for monitoring the
effectiveness of the Immediate Safety Intervention Plan.
(4) Placements. An Immediate Safety
Intervention Plan may provide for the child to remain in the child's own home
while the plan is being implemented, or to temporarily reside with the
non-offending parent. Any change in the residence of a child pursuant to an
Immediate Safety Intervention Plan is and shall be accomplished solely pursuant
to the legal authority of and voluntary consent of the child's parent(s), legal
custodian(s), or legal guardian(s). A change in the residence of a child
pursuant to an Immediate Safety Intervention Plan is not intended to be and
shall not be construed to be a custody order, modification of a custody order,
or a placement of the child by the division.
(5) An Immediate Safety Intervention Plan is
not a custody or visitation order or a parenting plan, as such terms as
otherwise defined by law. An Immediate Safety Intervention Plan does not and
cannot supersede a court order governing the care, custody, control, or support
of a child.
(6) The parent(s),
guardian(s), and relative(s) shall cooperate in good faith with the division to
implement the Immediate Safety Intervention Plan. This includes, but is not
limited to:
(A) Making the child available to
meet with the division or its contractors or representatives in the State of
Missouri in person, virtually, or by other means of communication upon request
to enable the division to ensure the Immediate Safety Intervention Plan is
being implemented and the child is safe and well cared for during the pendency
of the Immediate Safety Intervention Plan;
(B) Allowing the division or its contractors
or representatives to inspect the home at reasonable times (announced and
unannounced) to ensure the Immediate Safety Intervention Plan is being
implemented;
(C) Executing any
consents and/or authorizations to release information to the division and/or to
or from third parties the division determines necessary to obtain information
to develop and/or monitor the implementation of the Immediate Safety
Intervention Plan. This includes, but is not limited to, health care providers,
schools, and other professionals providing services to the child and other
parties;
(D) Participating in team
decision making meetings that the division may convene pertaining to the
child;
(E) Keeping the division
informed of their current residence address, mailing address, telephone number,
e-mail address, work address, and contact information; and any change in the
residence of and contact information for the child; and
(F) It shall be the duty of the parent(s),
legal guardian(s), and relative(s) to promptly notify the division of any
change in circumstances that may impact the care of the child and/or the
implementation of the Immediate Safety Intervention Plan.
(7) Background checks.
(A) The division may conduct a background
check of the parent, guardian, the relative, and any adult member of the
parent, guardian, or relative's household as part of its process to determine
whether the parent, guardian, or relative is a suitable temporary placement
provider for the child. The parent, relative, and other adult household members
shall execute any consents or other documents necessary to complete any
background checks, and submit to a fingerprint-based criminal background check
if the division determines this to be necessary. If the parent, relative, or
any adult member of the household declines to assist in background check
process then the division may decide not to enter into an Immediate Safety
Intervention Plan.
(B)
Notwithstanding any other provision of this section, the division will not
enter into an Immediate Safety Intervention Plan where the parent or guardian
of the child places the child under an Immediate Safety Intervention Plan in
the home of a non-offending/non-resident parent where the individual or any
member of the individual's household has pled guilty or been found guilty of
any the following crimes when a child was the victim:
1. Section
565.020, RSMo (murder, first
degree);
2. Section
565.021, RSMo (murder, second
degree);
3. Section
565.023, RSMo (voluntary
manslaughter);
4. Section
565.024, RSMo (involuntary
manslaughter, first degree);
5.
Section 565.050, RSMo (assault, first
degree);
6. Section
566.030, RSMo (rape, first
degree);
7. Section
566.031, RSMo (rape, second
degree, or section 566.040, RSMo before Aug. 28,
2013);
8. Section
566.032, RSMo (statutory rape,
first degree);
9. Section
566.060, RSMo (sodomy, first
degree);
10. Section
566.061, RSMo (sodomy, second
degree, or section 566.070, RSMo before Aug. 28,
2013);
11. Section
566.062, RSMo (statutory sodomy,
first degree);
12. Section
566.064, RSMo (statutory sodomy,
second degree);
13. Section
566.067, RSMo (child
molestation, first degree);
14.
Section 566.068, RSMo (child
molestation, second degree);
15.
Section 566.069, RSMo (child
molestation, third degree);
16.
Section 566.071, RSMo (child
molestation, fourth degree);
17.
Section 566.083, RSMo (sexual misconduct
involving a child);
18. Section
566.100, RSMo (sexual abuse,
first degree);
19. Section
566.101, RSMo (sexual abuse,
second degree, or section
566.090, RSMo before Aug. 28,
2013);
20. Section
566.111, RSMo (sex with an
animal);
21. Section
566.151, RSMo (enticement of a
child, first degree);
22. Section
566.203, RSMo (abusing an
individual through forced labor);
23. Section
566.206, RSMo (trafficking for
the purpose of slavery, involuntary servitude, peonage, or forced
labor);
24. Section
566.209, RSMo (trafficking for
the purpose of sexual exploitation);
25. Section
566.210, RSMo (sexual
trafficking of a child, first degree);
26. Section
566.211, RSMo (sexual
trafficking of a child, second degree, or section
566.212, RSMo before Jan. 1,
2017);
27. Section
566.215, RSMo (contributing to
human trafficking through the misuse of documentation);
28. Section
567.050, RSMo (promoting
prostitution, first degree);
29.
Section 568.080, RSMo (child used in
sexual performance, if before Jan. 1, 2017);
30. Section
568.090, RSMo (promoting sexual
performance by a child, if before Jan. 1, 2017);
31. Section
568.020, RSMo
(incest);
32. Section
568.030, RSMo (child
abandonment, first degree);
33.
Section 568.060, RSMo (abuse or neglect
of a child);
34. Section
568.065, RSMo (genital
mutilation of a female child);
35.
Section 568.175, RSMo (trafficking in
children);
36. Section
573.023, RSMo (sexual
exploitation of a minor);
37.
Section 573.025, RSMo (promoting child
pornography, first degree);
38.
Section 573.035, RSMo (promoting child
pornography, second degree);
39.
Section 573.037, RSMo (possession of
child pornography);
40. Section
573.200, RSMo (child used in
sexual performance or section
568.080, RSMo before Jan. 1,
2017); or
41. Section
573.205, RSMo (promoting sexual
performance by a child or section
568.090, RSMo before Jan. 1,
2017).
(C) Except as
otherwise provided in subsection (7)(B), the division may, at its discretion,
agree to enter into an Immediate Safety Intervention Plan in which the parent
or guardian of the child places the child in the home of a
non-offending/non-resident parent where the individual or any adult member of
the individual's household has been found guilty of any other crimes against
persons, substantiated or significant child abuse/neglect history, or drug and
alcohol related offenses if the parent, guardian, and/or the relative satisfy
the division that the placement is in the best interests of the child, that the
parent or relative is a fit and suitable person to temporarily care for the
child, and that the household where the child will temporarily reside is safe
and appropriate for the child. In making this decision, the division may
consider the following factors:
1. Whether
the parent, guardian, and/or relative or household member has successfully
completed the conditions of sentencing and/or probation without further
incidents;
2. Whether the parent,
guardian, and/or relative or household member has successfully completed any
prescribed or required treatment;
3. The duration of time between the prior
incident and the negotiation of the Immediate Safety Intervention
Plan;
4. The written advice and
recommendations of professionals with knowledge of the family;
5. Whether the prior incident of criminal
conduct, while unlawful at the time of the incident, is no longer unlawful or
proscribed at the time that the division is considering Immediate Safety
Intervention Plan; and
6. Any other
factor or information that may be relevant to making a decision about the best
interests, care, and safety of the child.
(8) Enforcement of Immediate Safety
Intervention Plans. The division does not have the authority, acting on its
own, to enforce the requirements of an Immediate Safety Intervention Plan. The
division retains the authority to take any action, any time and without prior
notice or consultation, that the division deems in its sole discretion
appropriate to protect the safety, best interests, and welfare of any child
covered by an Immediate Safety Intervention Plan. This includes, but is not
limited to:
(A) Making referrals, with or
without recommendations for further action, to the juvenile officer;
(B) Making referrals to law
enforcement;
(C) Investigating
reports of child abuse or neglect and conducting family assessments;
(D) Sharing a copy of the Immediate Safety
Intervention Plan and other relevant information with the juvenile officer, law
enforcement, medical care providers, guardians ad litem for
the child, schools and school personnel, and any other person the division
determines has a need to have the information for the care, safety, and best
interests of the child; and
(E)
Negotiating a new Immediate Safety Intervention Plan or a TAPA.
(9) Relationship between Immediate
Safety Intervention Plans and TAPAs. The division may recommend and enter into
a Temporary Alternative Placement Agreement (TAPA), pursuant to section
210.123, RSMo, and
13 CSR
35-30.030. If the parent(s), guardian(s), or
relative(s) decline to enter into a TAPA, upon recommendation of the division,
the division shall refer the matter to the juvenile officer for appropriate
action.
(10) An Immediate Safety
Intervention Plan will terminate under the following circumstances:
(A) Immediate Safety Intervention Plans will
automatically terminate without further notice ten (10) days after the date the
last party signs the agreement. Each party is responsible for signing and
dating the document.
1. The parties may extend
an Immediate Safety Intervention Plan for no more than ten (10) days at a time.
Every extension of the Immediate Safety Intervention Plan must be done in
writing and signed by all parties. The extension must specify the date on which
the plan shall terminate. The division should not terminate its involvement
with the family while there is an Immediate Safety Intervention Plan in
place;
(B) Immediate
Safety Intervention Plans are voluntary. Any party to the Immediate Safety
Intervention Plan may terminate his or her participation in the Immediate
Safety Intervention Plan at any time with reasonable notice to the other
participants. Any party wishing to terminate their participation in the
Immediate Safety Intervention Plan shall notify the division, preferably in
writing;
(C) An Immediate Safety
Intervention Plan shall terminate upon the child being brought under the
jurisdiction of a juvenile or family court pursuant to law, or upon the entry
of an order of a court of competent jurisdiction; and
(D) The division may not terminate its
involvement with the family if there is an Immediate Safety Intervention Plan
in place.
Notes
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