19 CSR 30-61.045 - Licensing Process

PURPOSE: This amendment removes exemptions for related children, revises procedures for the child care licensing process, and updates the license application form. The initial licensing process will no longer require an initial inquiry to the department; background screening requirements have been updated to comply with changes to section 210.1080, RSMo; a requirement for posting contact information of key individuals has been added; and references to license renewal and change of owner processes have been removed. This amendment also replaces the term "day care" with "child care" throughout the rule and the chapter title.

PUBLISHER'S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

(1) An applicant shall complete the licensing orientation available on the department's website to learn about the licensing process and rules.

(2) Upon receipt of a completed Application For License To Operate a Child Care Facility form, a licensing inspection shall be made. See Application For License To Operate a Child Care Facility form, promulgated as of August 2020, incorporated by reference in this rule, as published by the Missouri Department of Health and Senior Services, PO Box 570, Jefferson City, MO 65102-0570 and available by the department at https://health.mo.gov/safety/childcare/forms.php. This rule does not incorporate any subsequent amendment or additions. If licensing rules are not met within six (6) months, the application shall be void and another application shall be filed.

(3) The licensing process shall include an inspection of the entire premises of the child care home by the licensing representative.

(4) Prior to the granting of a license, the following shall be submitted by the applicant:

(A) A sketch or diagram of the home showing the arrangement of the rooms, including the location of toilet and handwashing facilities, the kitchen, and the doors. The licensing representative and the applicant shall measure the home jointly;

(B) A sketch or diagram of the outdoor play area and placement of equipment, indicating if the area is fenced. The licensing representative and the applicant shall measure the area jointly;

(C) Written policies provided to parents shall include:

1. Program goals;

2. Admission, care, and discharge of children;

3. Narrative description of child care practices and concepts; and

4. Discipline and guidance policies;

(D) A schedule of daily activities for children;

(E) A sample weekly menu;

(F) An itemized list of available materials and equipment to be used by children;

(G) Written policies and procedures which clearly establish job responsibilities and lines of administrative authority;

(H) Listing of all household members and assistant(s);

(I) Sample forms used, other than those supplied by the department;

(J) Evidence of compliance with local or state, or both, sanitation requirements;

(K) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing if a family child care home is owned by a legal entity;

(L) Required information for assistants;

(M) A written disaster and emergency plan;

(N) A written safe sleep policy, if licensed to care for children under twelve (12) months of age;

(O) A completed safety plan, if a sex offender resides within one thousand (1,000) feet of the family child care home; and

(P) Other information required by the department to make a determination regarding licensure of the family child care home.

(5) Prior to the granting of a license, the provider shall meet the requirements of 19 CSR 30-61.086 Fire Safety.

(6) The child care provider and child care staff members, as defined by 19 CSR 30-63.010 Definitions, shall have qualifying background screening results on file as required by 19 CSR 30-63.020 General Requirements, prior to initial issuance of the license.

(7) Background screening information received by the provider shall be retained in the individual's file in a confidential manner and available for review.

(8) Medical examination reports for the provider and child care assistant(s) as required by 19 CSR 30-61.125 Medical Examination Reports, shall be on file at the home and available for review.

(9) Medical examination reports shall be on file at the home within thirty (30) days following the admission of each infant, toddler, or preschool child as required by 19 CSR 30-61.125 Medical Examination Reports. A health report for school-age children shall be on file as required by 19 CSR 30-61.125.

(10) Enrollment information for each child shall be on file at the home as required by 19 CSR 30-61.135 Admission Policies and Procedures.

(11) Prior to the granting of a license, the child care provider shall be in compliance with state statutes and licensing rules for family child care homes.

(12) Once granted, the license shall be posted near the entrance of the home where it may be seen easily by parents or others who visit.

(13) The name(s), address(es), and telephone number(s) shall be posted prominently near the license for all of the following, as applicable:

(A) The child care provider(s);

(B) Facility owner(s);

(C) Board president or chairperson; or

(D) All manager(s) and/or member(s).

(14) The license shall not be transferable and shall apply only to the person(s) and address shown on the license.

(15) The license shall be the property of the department and shall be subject to discipline by the director upon failure of the provider to comply with state statutes and/or licensing rules for family child care homes.

(16) If a facility's license is revoked or denied due to failure to comply with state statutes and/or licensing rules, the department shall not accept a subsequent application from the provider for that facility within twelve (12) months after the effective date of revocation or denial or within twelve (12) months after all appeal rights have been exhausted, whichever is later.

(17) The license shall become null and void if-

(A) Revoked;

(B) The owner closes the facility;

(C) The facility changes ownership; or

(D) In the case of licenses not held by legal entities, the death of the licensee(s).

(18) The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules.

(19) All child care provided on the premises of a licensed family child care home shall be in compliance with the licensing rules, the conditions specified on the license, and the conditions of any variances granted to the licensee.

(20) The provider shall permit the department access to the facility, premises, and records during all inspections.

(21) The provider shall not deny a child admission to, or the benefits of, any program provided by the family child care home on the basis of race, sex, religion, or national origin.

Notes

19 CSR 30-61.045

AUTHORITY: section 210.221.1(3), RSMo Supp. 1998.* This rule previously filed as 13 CSR 40-61.020, 13 CSR 40-61.045 and 19 CSR 40-61.045. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.045, 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. Amended: Filed Sept. 12, 1995, effective March 30, 1996. Changed to 19 CSR 30-61.045 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended by Missouri Register July 15, 2019/Volume 44, Number 14, effective 9/3/2019 Amended by Missouri Register January 15, 2021/Volume 46, Number 2, effective 2/28/2021

*Original authority: 210.221.1(3), RSMo, 1949, amended 1955, 1987, 1993, 1995..