State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_482

Background checks for emergency placements, requirements,exceptions--cost, paid by whom.

210.482. 1. If the emergency placement of a child in a private homeis necessary due to the unexpected absence of the child's parents, legalguardian, or custodian, the juvenile court or children's division:

(1) May request that a local or state law enforcement agency orjuvenile officer, subject to any required federal authorization,immediately conduct a name-based criminal history record check to includefull orders of protection and outstanding warrants of each person over theage of seventeen residing in the home by using the Missouri uniform lawenforcement system (MULES) and the National Crime Information Center toaccess the Interstate Identification Index maintained by the Federal Bureauof Investigation; and

(2) Shall determine or, in the case of the juvenile court, shallrequest the division to determine whether any person over the age ofseventeen years residing in the home is listed on the child abuse andneglect registry.

For any children less than seventeen years of age residing in the home, thechildren's division shall inquire of the person with whom an emergencyplacement of a child will be made whether any children less than seventeenyears of age residing in the home have ever been certified as an adult andconvicted of or pled guilty or nolo contendere to any crime.

2. If a name-based search has been conducted pursuant to subsection 1of this section, within fifteen calendar days after the emergency placementof the child in the private home, and if the private home has notpreviously been approved as a foster or adoptive home, all persons over theage of seventeen residing in the home and all children less than seventeenresiding in the home who the division has determined have been certified asan adult for the commission of a crime shall report to a local lawenforcement agency for the purpose of providing two sets of fingerprintseach and accompanying fees, pursuant to section 43.530, RSMo. One set offingerprints shall be used by the highway patrol to search the criminalhistory repository and the second set shall be forwarded to the FederalBureau of Investigation for searching the federal criminal history files.Results of the checks will be provided to the juvenile court or children'sdivision office requesting such information. Any child placed in emergencyplacement in a private home shall be removed immediately if any personresiding in the home fails to provide fingerprints after being requested todo so, unless the person refusing to provide fingerprints ceases to residein the private home.

3. If the placement of a child is denied as a result of a name-basedcriminal history check and the denial is contested, all persons over theage of seventeen residing in the home and all children less than seventeenyears of age residing in the home who the division has determined have beencertified as an adult for the commission of a crime shall, within fifteencalendar days, submit to the juvenile court or the children's division twosets of fingerprints in the same manner described in subsection 2 of thissection, accompanying fees, and written permission authorizing the juvenilecourt or the children's division to forward the fingerprints to the statecriminal record repository for submission to the Federal Bureau ofInvestigation. One set of fingerprints shall be used by the highway patrolto search the criminal history repository and the second set shall beforwarded to the Federal Bureau of Investigation for searching the federalcriminal history files.

4. Subject to appropriation, the total cost of fingerprintingrequired by this section may be paid by the state, including reimbursementof persons incurring fingerprinting costs under this section.

5. For the purposes of this section, "emergency placement" refers tothose limited instances when the juvenile court or children's division isplacing a child in the home of private individuals, including neighbors,friends, or relatives, as a result of a sudden unavailability of thechild's primary caretaker.

(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84)

State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_482

Background checks for emergency placements, requirements,exceptions--cost, paid by whom.

210.482. 1. If the emergency placement of a child in a private homeis necessary due to the unexpected absence of the child's parents, legalguardian, or custodian, the juvenile court or children's division:

(1) May request that a local or state law enforcement agency orjuvenile officer, subject to any required federal authorization,immediately conduct a name-based criminal history record check to includefull orders of protection and outstanding warrants of each person over theage of seventeen residing in the home by using the Missouri uniform lawenforcement system (MULES) and the National Crime Information Center toaccess the Interstate Identification Index maintained by the Federal Bureauof Investigation; and

(2) Shall determine or, in the case of the juvenile court, shallrequest the division to determine whether any person over the age ofseventeen years residing in the home is listed on the child abuse andneglect registry.

For any children less than seventeen years of age residing in the home, thechildren's division shall inquire of the person with whom an emergencyplacement of a child will be made whether any children less than seventeenyears of age residing in the home have ever been certified as an adult andconvicted of or pled guilty or nolo contendere to any crime.

2. If a name-based search has been conducted pursuant to subsection 1of this section, within fifteen calendar days after the emergency placementof the child in the private home, and if the private home has notpreviously been approved as a foster or adoptive home, all persons over theage of seventeen residing in the home and all children less than seventeenresiding in the home who the division has determined have been certified asan adult for the commission of a crime shall report to a local lawenforcement agency for the purpose of providing two sets of fingerprintseach and accompanying fees, pursuant to section 43.530, RSMo. One set offingerprints shall be used by the highway patrol to search the criminalhistory repository and the second set shall be forwarded to the FederalBureau of Investigation for searching the federal criminal history files.Results of the checks will be provided to the juvenile court or children'sdivision office requesting such information. Any child placed in emergencyplacement in a private home shall be removed immediately if any personresiding in the home fails to provide fingerprints after being requested todo so, unless the person refusing to provide fingerprints ceases to residein the private home.

3. If the placement of a child is denied as a result of a name-basedcriminal history check and the denial is contested, all persons over theage of seventeen residing in the home and all children less than seventeenyears of age residing in the home who the division has determined have beencertified as an adult for the commission of a crime shall, within fifteencalendar days, submit to the juvenile court or the children's division twosets of fingerprints in the same manner described in subsection 2 of thissection, accompanying fees, and written permission authorizing the juvenilecourt or the children's division to forward the fingerprints to the statecriminal record repository for submission to the Federal Bureau ofInvestigation. One set of fingerprints shall be used by the highway patrolto search the criminal history repository and the second set shall beforwarded to the Federal Bureau of Investigation for searching the federalcriminal history files.

4. Subject to appropriation, the total cost of fingerprintingrequired by this section may be paid by the state, including reimbursementof persons incurring fingerprinting costs under this section.

5. For the purposes of this section, "emergency placement" refers tothose limited instances when the juvenile court or children's division isplacing a child in the home of private individuals, including neighbors,friends, or relatives, as a result of a sudden unavailability of thechild's primary caretaker.

(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T12 > C210 > 210_482

Background checks for emergency placements, requirements,exceptions--cost, paid by whom.

210.482. 1. If the emergency placement of a child in a private homeis necessary due to the unexpected absence of the child's parents, legalguardian, or custodian, the juvenile court or children's division:

(1) May request that a local or state law enforcement agency orjuvenile officer, subject to any required federal authorization,immediately conduct a name-based criminal history record check to includefull orders of protection and outstanding warrants of each person over theage of seventeen residing in the home by using the Missouri uniform lawenforcement system (MULES) and the National Crime Information Center toaccess the Interstate Identification Index maintained by the Federal Bureauof Investigation; and

(2) Shall determine or, in the case of the juvenile court, shallrequest the division to determine whether any person over the age ofseventeen years residing in the home is listed on the child abuse andneglect registry.

For any children less than seventeen years of age residing in the home, thechildren's division shall inquire of the person with whom an emergencyplacement of a child will be made whether any children less than seventeenyears of age residing in the home have ever been certified as an adult andconvicted of or pled guilty or nolo contendere to any crime.

2. If a name-based search has been conducted pursuant to subsection 1of this section, within fifteen calendar days after the emergency placementof the child in the private home, and if the private home has notpreviously been approved as a foster or adoptive home, all persons over theage of seventeen residing in the home and all children less than seventeenresiding in the home who the division has determined have been certified asan adult for the commission of a crime shall report to a local lawenforcement agency for the purpose of providing two sets of fingerprintseach and accompanying fees, pursuant to section 43.530, RSMo. One set offingerprints shall be used by the highway patrol to search the criminalhistory repository and the second set shall be forwarded to the FederalBureau of Investigation for searching the federal criminal history files.Results of the checks will be provided to the juvenile court or children'sdivision office requesting such information. Any child placed in emergencyplacement in a private home shall be removed immediately if any personresiding in the home fails to provide fingerprints after being requested todo so, unless the person refusing to provide fingerprints ceases to residein the private home.

3. If the placement of a child is denied as a result of a name-basedcriminal history check and the denial is contested, all persons over theage of seventeen residing in the home and all children less than seventeenyears of age residing in the home who the division has determined have beencertified as an adult for the commission of a crime shall, within fifteencalendar days, submit to the juvenile court or the children's division twosets of fingerprints in the same manner described in subsection 2 of thissection, accompanying fees, and written permission authorizing the juvenilecourt or the children's division to forward the fingerprints to the statecriminal record repository for submission to the Federal Bureau ofInvestigation. One set of fingerprints shall be used by the highway patrolto search the criminal history repository and the second set shall beforwarded to the Federal Bureau of Investigation for searching the federalcriminal history files.

4. Subject to appropriation, the total cost of fingerprintingrequired by this section may be paid by the state, including reimbursementof persons incurring fingerprinting costs under this section.

5. For the purposes of this section, "emergency placement" refers tothose limited instances when the juvenile court or children's division isplacing a child in the home of private individuals, including neighbors,friends, or relatives, as a result of a sudden unavailability of thechild's primary caretaker.

(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84)