19 CSR 30-61.015 - Exemption of Day Care Facilities

PURPOSE: This rule defines the basis on which a family day care home may qualify for exemption from licensure.

(1) A day care facility does not qualify for exemption from licensure unless it is under the exclusive control of an entity qualifying for exemption under section 210.211, RSMo.

(2) When a nonreligious organization having as its principal purpose the provision of child care services enters into an arrangement with a well-known religious order to provide continuing assistance in the maintenance or operation of a day care facility, the facility is not under the exclusive control of the well-known religious order and does not qualify for exemption from licensure under section 210.211(5), RSMo.

(3) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules.

Notes

19 CSR 30-61.015

AUTHORITY: sections 210.221.1(3), RSMo, Supp. 1993.* This rule previously filed as 13 CSR 40-61.035, 13 CSR 40-61.035, 13 CSR 40-61.015. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.015, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Changed to 19 CSR 30-61.015 July 30, 1998.

*Original authority: 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993.