Immediate Safety Intervention Plan

PURPOSE: This rule governs the use of Immediate Safety Intervention Plans, which are used as part of Temporary Alternative Placement Agreements (TAPAs) under section 210.123, RSMo. An Immediate Safety Intervention Plan is a form for the relative caretaker of a child under a TAPA to use to notify medical care providers, educational institutions, and others that they have legal authority to make day-to-day decisions for the child in their care. (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. AUTHORITY: sections 207.020.1(2) and 660.017, RSMo 2016, and section 210.123, RSMo Supp. 2021.* Emergency rule filed May 20, 2021, effective Aug. 2, 2021, expired Feb. 24, 2022. Original rule filed May 20, 2021, effective Nov. 30, 2021. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.123, RSMo 2020; and 660.017, RSMo 1993, amended 1995.