Section 210.135

Title XII PUBLIC HEALTH AND WELFARE

Chapter 210

Effective - 28 Aug 2012, 3 histories, see footnote   (history) 

  210.135.  Immunity from liability granted to reporting person or institution, when — exception — preliminary evaluation required, when. — 1.  Any person, official, or institution complying with the provisions of sections 210.110 to 210.165 in the making of a report, the taking of color photographs, or the making of radiologic examinations pursuant to sections 210.110 to 210.165, or both such taking of color photographs and making of radiologic examinations, or the removal or retaining a child pursuant to sections 210.110 to 210.165, or in cooperating with the division, or any other law enforcement agency, juvenile office, court, or child-protective service agency of this or any other state, in any of the activities pursuant to sections 210.110 to 210.165, or any other allegation of child abuse, neglect or assault, pursuant to sections 568.045 to 568.060, shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions.  Provided, however, any person, official or institution intentionally filing a false report, acting in bad faith, or with ill intent, shall not have immunity from any liability, civil or criminal.  Any such person, official, or institution shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

  2.  Any person, who is not a school district employee, who makes a report to any employee of the school district of child abuse by a school employee shall have immunity from any liability, civil or criminal, that otherwise might result because of such report.  Provided, however, that any such person who makes a false report, knowing that the report is false, or who acts in bad faith or with ill intent in making such report shall not have immunity from any liability, civil or criminal.  Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the report.

  3.  In a case involving the death or serious injury of a child after a report has been made under sections 210.109 to 210.165, the division shall conduct a preliminary evaluation in order to determine whether a review of the ability of the circuit manager or case worker or workers to perform their duties competently is necessary.  The preliminary evaluation shall examine:

  (1)  The hotline worker or workers who took any reports related to such case;

  (2)  The division case worker or workers assigned to the investigation of such report; and

  (3)  The circuit manager assigned to the county where the report was investigated.  

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Any preliminary evaluation shall be completed no later than three days after the child's death.  If the division determines a review and assessment is necessary, it shall be completed no later than three days after the child's death.

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(L. 1975 H.B. 578 § 6, A.L. 1980 S.B. 574, A.L. 1982 H.B. 1171, et al., A.L. 1993 H.B. 170, A.L. 1998 H.B. 1556, A.L. 2011 S.B. 54, A.L. 2012 H.B. 1323)