13 CSR 35-71.045 - [Effective 4/30/2025] Personnel
(1) Pre-Employment Requirements.
(A) The licensed residential care facility
(LRCF) shall require all professional staff to provide a copy of their official
college transcript or college diploma and shall keep such transcripts or
diplomas on file pursuant to the requirements set forth in subsection (4)(A) of
this rule. The LRCF shall require any person employed in a position requiring a
general educational development certificate or high school diploma to provide a
copy of such certificate or diploma to the LRCF, which the LRCF shall keep on
file pursuant to the requirements set forth in subsection (4)(A) of this
rule.
(B) The LRCF shall require
prospective employees to submit at least three (3) character references from
unrelated persons. At least one (1) reference shall be from a previous
employer, supervisor, teacher, or professor. The LRCF shall contact all
references and maintain documentation of the reference checks in the LRCF's
employee records pursuant to the requirements set forth in subsection (4)(A) of
this rule. Documentation of the contact shall include the date, person making
the contact, and the content of the contact.
(C) The LRCF shall establish a written job
description for each position , which shall be given to staff at the time of
employment. Each description shall describe the duties and responsibilities of
the position , address supervision, required knowledge, skills, and abilities,
minimum experience, educational requirements, and shall include examples of
work performed.
(2)
Annual Requirements.
(A) The LRCF shall
conduct an annual check of the family care safety registry (FCSR) for all
employees and contractors and those owners and volunteers who have access to
children. The LRCF shall maintain documentation of the FCSR checks in its
personnel records.
(B) The LRCF
shall conduct an annual background check for employees, contractors, owners,
and volunteers with access to children who reside outside of Missouri by
searching the criminal records database and child abuse and neglect registry of
the states where such persons reside. If the LRCF is not legally permitted to
search such databases and registries, such employees, contractors, owners, and
volunteers shall conduct a background check on themselves in such databases and
registries and provide the results to the LRCF.
(C) The LRCF shall require an annual driver
record check for any employees, interns, volunteers, or contract personnel who
transport residents. No individual with a suspended or revoked driver's license
or record of driving while under the influence of alcohol or any other
intoxicating substance within the last five (5) years shall transport
residents.
(3) Health
Verification.
(A) All staff, employees,
interns, volunteers, and contracted personnel shall be free of symptoms of
communicable disease or other evidence of ill health that poses a threat to
children.
(B) If the division has
reason to question the capabilities of any individual working directly with
children served by the LRCF, the division may require the individual to submit
to a medical examination and obtain a report of an appropriate medical
professional that the individual is medically fit to perform the services for
the LRCF without reasonable risk to the children.
(4) Personnel Records. The LRCF shall
maintain personnel records for each staff member, employee, intern, volunteer,
and contracted employee as indicated below. The LRCF shall maintain the records
on site and shall keep the records for at least three (3) years following the
date of separation from the LRCF.
(A) For
staff members and employees, the personnel record shall include-
1. Verification of education and experience,
and a copy of professional license, if applicable;
2. Verification of the names of three (3)
persons, unrelated to the staff member, who can provide character or
professional references;
3.
Results of annual checks of the family care safety registry ;
4. Documentation that the individual has
completed the background checks and that the division has found the individual
eligible for employment or presence at the LRCF pursuant to section
210.493, RSMo, and
13 CSR
35-71.015;
5. Documentation that employees who reside outside of
Missouri have completed an annual background check of a criminal records
database and child abuse and neglect registry of the state in which such
employees reside;
6. The date that
employment commenced;
7. Copies of
annual performance evaluations;
8.
Results of an annual driver record check for any employee, intern, volunteer,
and any contracted personnel who transport residents;
9. A copy of the following documents signed and dated
by the employee:
A. Job
description;
B. Confidentiality
policy;
C. Discipline
policy;
D. Child abuse/neglect
reporting policy;
E. Critical
incident reporting policy;
F.
Acknowledgment of receipt of program policy;
G. Acknowledgment of personnel policy;
and
H. Acknowledgment of completed
agency orientation;
10.
Documentation that the staff member has successfully completed all required
training;
11. Documentation of
current first aid/ cardiopulmonary resuscitation training and certification for
applicable staff;
12.
Documentation of current medication aide certification, when applicable;
and
13. Documentation of current
physical restraint training certification, when applicable.
(B) For interns, volunteers, and
contracted employees who have direct contact with children, the personnel
record shall include-
1. Copy of professional
credentials, if applicable;
2.
Results of annual checks of the family care safety registry and documentation
that the individual has completed the background check process and been found
eligible for service as provided in section
210.493, RSMo, and 13 CSR
3571.015;
3. Results of annual
checks of the out-of-state criminal records database and child abuse and
neglect registry for those interns, volunteers, and contracted employees who
reside outside of Missouri;
4. A
copy of the following documents signed and dated by the intern, volunteer, or
contracted employee:
A. The contract or any
agreement outlining purpose of presence on site;
B. The confidentiality policy;
C. The discipline policy;
D. The child abuse/neglect reporting
policy;
E. The critical incident
reporting policy;
F. Acknowledgment
of receipt of program policy, if applicable;
G. Acknowledgment of receipt of manuals or
policies related to the agreement/contract, if applicable; and
H. Acknowledgment of completed facility
orientation, if applicable.
(5) Staff Orientation.
(A) The LRCF shall have a written statement
of personnel practices that is provided to all staff at the time of
employment.
(B) Within thirty (30)
days following appointment , employees, interns, volunteers, and contracted
personnel shall be oriented to the facility's programs, practices, and the
duties of their positions. The orientation program shall include instruction in
the following areas with respect to the facility:
1. Program model;
2. Policies;
3. Staff roles;
4. Health and safety procedures;
5. Crisis intervention procedures;
6. Recordkeeping requirements;
7. Separation and attachment
issues;
8.
Confidentiality;
9. Recognition of
suicidal tendencies and appropriate intervention;
10. Procedure for identifying and reporting
child abuse or neglect, or both, in accordance with sections 210.110-210.165,
RSMo;
11. Procedure for identifying
and reporting the abuse of youth eighteen (18) years or older who are "eligible
adults" under sections 192.2400-192.2505, RSMo, if applicable;
12. Basic information on the child welfare
and juvenile justice systems, including the legal rights of children and their
families; and
13. Procedures to
follow in an emergency.
(6) Staff Training.
(A) A facility shall prepare a written plan
of training each year for all employees and contracted personnel.
1. Employees and contracted personnel that
work directly with children shall have twenty-five (25) hours of training
annually.
2. Direct care staff and
immediate supervisors must maintain certification in a certified medication
training program unless all medication is managed through on-site medical
personnel.
3. Direct care staff and
immediate supervisors must maintain certification in a current recognized and
approved physical restraint program (where applicable), first aid, and
cardiopulmonary resuscitation.
4.
Employees and contracted personnel that do not work directly with children
shall receive job-appropriate training.
(B) All training must be documented on a
training database/ training log with the dates, location, subject, number of
hours earned, and person(s) who conducted the training.
(C) The training may include short-term
courses, seminars, institutes, workshops, and in-service training provided on
site by qualified professionals. Activities related to supervision of the staff
member's routine tasks shall not be considered training for the purpose of this
rule.
(D) The training plan shall
include training in the following areas for employees and contracted personnel
who work directly with children:
1.
Developmental needs of children;
2.
For those facilities licensed to provide residential treatment and intensive
residential treatment, training related specifically to treatment issues with
emotionally disturbed, mentally ill, behaviorally disordered, medically
fragile, physically disabled, and/or developmentally delayed children, as
defined by the facility's program;
3. Prenatal and parenting skills, including
safe sleep, for facilities licensed for infant/toddler/preschool and
maternity;
4. Basic group
dynamics;
5. Trauma-informed
care;
6. Cultural
sensitivity;
7. Critical incident
reporting;
8. Appropriate
discipline, crisis intervention, deescalation techniques, and behavior
management techniques;
9. The role
of direct care and professional staff at the operating site , including
maintaining appropriate boundaries;
10. Proper, safe methods and techniques of physical
restraint , if applicable;
11. Fire
prevention and reporting fires;
12.
Emergency evacuations;
13. First
aid and cardiopulmonary resuscitation training, including infant CPR for
facilities with an infant/toddler pre-school license;
14. Medication training and/or certification,
including training to identify changes in a child's appearance or behavior that
may be related to the use or disuse of any medication, including psychotropic
medications;
15. Substance
abuse;
16. Suicide
prevention;
17. Human
trafficking;
18. Legal rights of
children and their families, including basic information on the constitutional
rights of children and their families while children are in care and basic
information on the Missouri juvenile justice system; and
19. Water safety for those agencies allowing water
activities.
Notes
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