207.085. Division employee dismissal, when--mitigating factors.
Division employee dismissal, when--mitigating factors.
207.085. 1. Any employee of the children's division, includingsupervisory personnel and private contractors with the division, who isinvolved with child protective services and purposely, knowingly, andwillfully violates a stated or written policy of the division, any rulepromulgated by the division, or any state law directly related to the childabuse and neglect activities of the division shall be dismissed if theviolation directly results in serious physical injury or death, subject tothe provisions of subsection 2 of this section. The provisions of thissection shall apply to merit system employees of the division, as well asall other employees of the division and private contractors with thedivision, and upon a showing of a violation, such employees shall bedismissed for cause, subject to the provisions of subsection 2 of thissection, and shall have the right of appeal pursuant to sections 36.380 and36.390, RSMo. For purposes of this section, a "private contractor with thedivision" means any private entity or community action agency with theappropriate and relevant training and expertise in delivering services tochildren and their families as determined by the children's division, andcapable of providing direct services and other family services for childrenin the custody of the children's division or any such entities or agenciesthat are receiving state moneys for such services.
2. The provisions of sections 660.019 to 660.021, RSMo, shall applyto this section. If an employee of the division or a private contractorwith the division is responsible for caseload assignments in excess ofthose required to attain accreditation by the Council for Accreditation forFamilies and Children's Services, and the employee purposely, knowingly,and willfully violates a stated or written policy of the division, any rulepromulgated by the division, or any state law directly related to the childabuse and neglect activities of the division and the violation directlyresults in serious physical injury or death, the employee's good faithefforts to follow the stated or written policies of the division, the rulespromulgated by the division, or the state laws directly related to thechild abuse and neglect activities of the division shall be a mitigatingfactor in determining whether an employee of the division or a privatecontractor with the division is dismissed pursuant to subsection 1 of thissection.
(L. 2004 H.B. 1453)