Missouri Department of Social Services, Children's Division Missouri Cases

Kenneth D. Gilmore sued the Missouri Department of Social Services, Children's Division, for negligence after he was injured when a rocking chair broke during a supervised visit. A jury found in Gilmore's favor, and the trial court reduced the damages award by comparative fault and then applied a statutory cap. The Children's Division appealed, challenging the application of the dangerous condition exception to sovereign immunity, the spoliation inference, the admission of a statement, and the method of applying the statutory cap. The appellate court affirmed the trial court's judgment, finding no merit in any of the Children's Division's points.

B.D., who aged out of foster care, petitioned the juvenile court for re-entry and benefits under a federal law. The juvenile court ordered the Children's Division to facilitate her re-entry and provide services. The Children's Division appealed, arguing procedural errors and that B.D. was ineligible under Missouri law. The appellate court reversed and remanded, holding that the juvenile court lacked statutory authority under Section 211.036, RSMo, to order re-entry for individuals over 21, and that the Children's Division was denied due process due to procedural errors in the juvenile court proceedings.

Thomas Hernandez appealed a circuit court judgment upholding the Children's Division's determination that he sexually abused a fifteen-year-old child, leading to his placement on Missouri's Child Abuse and Neglect Central Registry. Hernandez contended there was insufficient evidence to support the circuit court's judgment, specifically challenging the victim's credibility and the lack of corroboration. The appellate court affirmed, deferring to the circuit court's credibility determinations and finding sufficient, substantial evidence, including the victim's detailed testimony, to support the finding of abuse and placement on the registry.