The Child Abuse and Neglect Review Board (CANRB) provides an independent review of child abuse and neglect determinations in instances in which the alleged perpetrator is aggrieved by the decision of the Children's Division (CD).
What does a Child Abuse & Neglect (CA/N) finding mean to me?
A CA/N finding in final determination means your name is placed on the Central Registry. Placement on the Central Registry may unfavorably affect some licensures and employment opportunities with children, the elderly, or other vulnerable populations.
I disagree with the Preponderance of Evidence (POE) finding against me. How do I request an appeal?
If you are the alleged perpetrator and you disagree with the Children’s Division’s (CD) CA/N finding, you have a right to either request a Direct Judicial Review or an Administrative Appeal. You must choose one, but cannot choose both.
Direct Judicial Review
You may file a petition for direct judicial review with the circuit court as provided in Section 536.100 RSMo; and 13 CSR 35-31.025(3)(A).
You have 30 days from the date you receive the notification of the preponderance of evidence finding to file the petition for direct judicial review.
A petition for judicial review must be served by having a copy of the petition and summons delivered upon the Director of the Department of Social Services. Mo. S.Ct. Rule 54.13(b)(4); Section 506.150.1(5) RSMo.
Upon receipt of service of the petition for direct judicial review, CD shall immediately list your name in the CA/N Central Registry, pending further orders of the court. 13 CSR 35-31.025(3)(A); Section 536.120 RSMo.
You will become ineligible for an Administrative Appeal (below) of CD’s preliminary finding once you petition a court for direct judicial review.
Administrative Appeal
You may request an administrative appeal of CD’s CA/N finding as provided in Section 210.152 RSMo and 13 CSR 35-31.025(3)(B).
You have 60 days from the date you receive the notification of the preponderance of evidence finding to request an Administrative Appeal.
Your request for an administrative appeal must be sent in writing to DSS.CD.ADMINREVIEW@DSS.MO.GOV or mailed to the CANRB Liaison, PO Box 88, Jefferson City, MO, 65103.
Your request must include:
- The incident number;
- Your current mailing address, e-mail address; and phone number(s);
- Your reason for disagreeing with the finding;
- Any relevant information or records you would like the CANRB to consider in making their decision;
- A copy of the court’s final disposition or dismissal of the criminal charges with the written request for administrative review, if applicable. This item only applies if you have chosen to wait to request an administrative appeal until your criminal charges have been resolved. 13 CSR 35-31.025(3)(B)2.
If you choose this option and meet the eligibility requirements, you will have a chance to present your case in front of the Child Abuse and Neglect Review Board (CANRB), an independent and impartial administrative review board. The CANRB will weigh all available evidence and argument, and independently determine whether to uphold or reverse the preliminary finding(s).
Frequently Asked Questions
- How do I request a copy of CD’s CA/N case records?
As allowed by law, CD CA/N case records are available to individuals and/or relevant other parties under certain conditions. To request records of this nature, please visit the DSS Records Request Center.
- What is the Family Care Safety Registry?
In Missouri, the Department of Health and Senior Services (DHSS) created an electronic interface with the data systems maintained by the State Highway Patrol, Department of Social Services, Department of Mental Health, and various units within DHSS called the Family Care Safety Registry (FCSR).
Specifically, FCSR maintains a computer interface with the CA/N information maintained by CD. The CA/N information contains the names of individuals who have been determined, through a CD investigation, to be perpetrators of CA/N.
- What is the purpose of the Child Abuse and Neglect Review Board (CANRB)?
The CANRB administrative review process was established by Section 210.153 RSMo. Members of CANRB provide an independent review of child abuse and neglect determinations when an alleged perpetrator disagrees with CD’s finding of preponderance of evidence. Follow the link above for more information about the Missouri Statute that established the CANRB.
- Is the alleged perpetrator’s name listed on the Central Registry while waiting for the CANRB?
No. The alleged perpetrator's name remains off the Central Registry for the incident being appealed until members of the CANRB have made a determination.
- What does it mean if CANRB decides to uphold CD findings?
The alleged perpetrator’s name is placed on the Central Registry. If the alleged perpetrator is aggrieved by the decision of the CANRB, the alleged perpetrator may seek de novo judicial review in the circuit court of the county in which the alleged perpetrator resides or in Cole County. Review RSMo 210.152 for more information.
- Do I need an attorney to represent me at CANRB?
All parties have the right to be represented by an attorney, but legal representation is not required.
- I just retained an attorney to represent me at CANRB, what information should they provide to the court?
If you have retained an attorney for an upcoming CANRB, provide them with a copy of your scheduling letter as soon as possible. Your attorney can follow the directions in the letter to obtain records, submit documents, and file their Entry of Appearance.
- Can CANRB review a case that was adjudicated in court?
No. If court adjudication occurs prior to the CANRB proceeding or prior to the CANRB’s issuance of their determination, CD CANRB liaison or the board will notify the alleged perpetrator that the board is prohibited from ruling on the Division’s finding. Section 210.153.8 RSMo; 13 CSR 35-31.025. CD’s findings will be final and the alleged perpetrator will be placed on the Central Registry.
- Can I request a copy of the transcript from the CANRB?
No. The hearings are not held on the record and no transcript is made.
- Is a person eligible for a CANRB if they are incarcerated?
Incarceration alone is not a prohibition to eligibility for CANRB. If an alleged perpetrator is otherwise eligible for CANRB, the CANRB liaison will make efforts to set up a teleconference or Webex for the hearing date and time with the jail/prison. If the jail/prison cannot accommodate the CANRB hearing, the alleged perpetrator will be notified and granted one continuance.
If the alleged perpetrator is still in jail/prison when the rescheduled hearing is set to occur and the prison is unable to accommodate the hearing via teleconference or Webex, then the hearing will be heard without the alleged perpetrator present. The alleged perpetrator will be notified of the outcome via USPS or however the prison distributes their mail.
- I am an alleged perpetrator. What should I expect at my CANRB hearing?
The hearing will be closed to all persons except you, your attorney (if represented by counsel), CD, and any witnesses providing testimony. During the hearing, CD shall have 20 minutes to present its findings. You will then have 20 minutes to present information you feel is important to the case. You may utilize part of your 20 minutes to present witnesses to the board. You can bring a witness to a CANRB hearing without notifying CANRB in advance. The witness can appear in any format available—whether in person, via Webex, or by phone. All witnesses will be heard at the CANRB’s discretion. You should also be aware that the child’s parent/guardian/legal representative will also be notified of the scheduled review and may be called as a witness by either party.
Board hearings shall be conducted in an informal manner. The rules of evidence do not apply to board hearings including, but not limited to, the following:
- Testimony from witnesses and parties shall not be provided under oath;
- There is no right to cross-examine witnesses;
- Neither witnesses nor evidence are subject to subpoena;
- Board hearings are not hearings on the record;
- The board shall determine whether information, exhibits, or evidence are relevant; and
- No official transcript of the hearing shall be prepared, provided, or retained.
- I am not available on the day my CANRB is scheduled. Can it be continued?
Continuances are restricted to ensure a timely review and avoid unnecessary delays. However, the board recognizes that certain extenuating circumstances may warrant granting a continuance. These include significant personal events such as illness, death, medical concerns, etc. Additionally, a continuance may be justified if there is a delay in receiving critical records necessary for the case. The goal is to balance the need for a prompt resolution with fairness and consideration for unavoidable disruptions. All continuances will be granted at the discretion of the CANRB Program Specialist. To request a continuance, contact the CANRB liaison with your reason at DSS.CD.ADMINREVIEW@DSS.MO.GOV. The CANRB liaison will review and decide at their discretion.
- New, specific, and credible evidence has surfaced which relates to my case and I want my case reopened. How do I do that?
Section 210.152.3 RSMo allows CD to reopen a case for review if new, specific, and credible evidence is obtained. To have your case re-opened, submit a Request to Re-Open Investigation Form.
- What is the Central Registry?
As defined in section 210.110 RSMo, the Central Registry is CD’s collection of records on persons who have been determined to have committed child abuse or neglect or pleaded guilty to or have been found guilty of certain crimes. The Central Registry is a closed registry for the State of Missouri.
- What is defined as Abuse and/or Neglect?
These are the definitions of child abuse and neglect as defined in statute.
