Legal Question in Appeals and Writs in Missouri

Child abuse

I am a Special Education Teacher and have been accused of child abuse after voluntarily admitting my action. I have had the student in my care for 11 years and have been continously bitten, scratched, kicked, pinched, hit, etc. On the day of the incident, I was being scratched and pinched and the student was trying to bite me. At one point the student pinched so hard I pinched them back and left a small bruise. DSS has determined that the incident was child abuse under RSMo Chapter 210. I have requested an appeal of this determination. How long will it be until the appeal happens? Who can attend the appeal? Should I have character witnesses write letters to DSS? What is the entire process of this appeal? Does this appeal look at the entire picture of the situation or just one incident? I am not a child abuser, just a person in a horrifying situation.


Asked on 12/20/06, 12:21 am

2 Answers from Attorneys
Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: Child abuse

You need to contact your NEA rep as quickly as possible and engage an attorney to represent you in this matter. This is not something you can handle on your own. If you reaction was more reflex (i.e., you were trying to break free of the painful situation) it would likely not fall within the ambit of child abuse.

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Answered on 12/21/06, 10:10 am
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Child abuse

I only practice in New York but have some experience in this area, and I concur with the other answer you have received. Do not try to handle this on your own. The central registry system and the ease with which people ended up listed on it, with a "founded" accusation, was the subject of a teacher's challenge to its constitutionality in Valmonte v Bane

812 F.Supp. 423 (SDNY 1993). The District Court ruled that the plaintiff's Due Process rights had been violated by the system of reporting, investigating and then issuing a finding, with no hearing.

There are several Valmonte opinions, all related. As a result, New York's system was revamped.

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Answered on 12/28/06, 9:29 pm


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