5 CSR 25-400.105 - The Child Care Provider and Other Child Care Personnel
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) General Requirements.
(A) The provider routinely shall be present
during the hours of highest attendance a minimum of forty (40) hours per
week.
(B) The provider shall name
an assistant caregiver who shall be available to substitute during his/her
absence or to meet staff/child ratios.
(C) Caregivers shall be eighteen (18) years
of age or older, have knowledge of the needs of children, and be sensitive to
the capabilities, interests, and problems of children in care.
(D) Caregivers shall be of good character and
intent and shall be qualified to provide care conducive to the welfare of
children.
(E) Caregivers shall be
capable of handling emergencies promptly and intelligently.
(F) All caregivers shall cooperate with the
department.
(G) The provider shall
not be engaged in any other employment while on duty at the family child care
home.
(H) The provider shall have
available a copy of the Licensing Rules for Family Child Care Homes in
Missouri. Providers and assistants shall review and be knowledgeable
of the rules at the time they begin work, and shall be able to understand and
apply the rules which relate to their respective responsibilities.
(I) All child care providers and assistants
shall acquaint themselves with the child abuse and neglect law and shall make a
report of any suspected child abuse or neglect to the Children's Division at
the toll-free number 1-800-392-3738 or online at
https://apps.dss.mo.gov/OnlineCanReporting/default.
aspx.
(J) The child care provider
shall ensure that within seven (7) days of employment or volunteering, and
before being left alone with children, that caregivers employed on or after
August 30, 2019, receive a facility orientation. The child care provider shall
ensure that documentation verifying completion of the facility orientation is
maintained and on file for review by the department for each caregiver. The
facility orientation shall include:
1. A tour
of the facility, indoors and outdoors; and
2. A review of the following:
A. Licensing rules;
B. The facility's license and its
limitations, if any;
C. The
facility's written child care practices, including procedures for medication
administration, child illness, discipline, and guidance policies;
D. The daily schedule;
E. The assigned duties and responsibilities
of staff;
F. The names and ages of
the children for whom the staff member will be responsible, including any
special health, nutritional, or developmental needs;
G. The location of children's
records;
H. The facility's safe
sleep policy, if applicable;
I. The
facility's disaster emergency plan and the location of emergency information;
and
J. The mandated responsibility
to report any suspected child abuse or neglect to the Children's
Division.
(K)
The provider, assistant(s), volunteers, or others in the home shall not be
under the influence of alcohol or illegal drugs while child care is being
provided or in any vehicles used by the program. The child care provider or
other child care personnel shall not be in a state of impaired ability due to
use of medication while providing child care.
(L) The department shall evaluate any
information received that indicates that the subject of the criminal record
review poses a threat to the safety or welfare of children. In addition to
those individuals automatically disqualified from presence at a child care
facility by 5 CSR 25-600.040 Background
Screening Findings, the department may also prohibit the presence of any person
on the premises of the family child care home during child care hours that has
a criminal history that the department determines to be evidence that said
person poses a threat to the safety and welfare of children.
(M) The provider shall request the results of
a criminal background check for child care staff members as required by
5 CSR
25-600.020 General Requirements.
(N) Child care staff members shall have
qualifying background screening results on file as required by 5 CSR 25600.020
General Requirements.
(O) Child
care staff members with disqualifying background screening results as defined
in 5 CSR
25-600.040 Background Screening Findings shall be
prohibited from being present on the premises of the facility during child care
hours.
(P) The child care provider
shall conduct a Family Care Safety Registry screening prior to employment for
any newly hired child care staff member who has a qualifying criminal
background check result.
(Q)
Background screening information received by the provider shall be retained in
the individual's file in a confidential manner and available for
review.
(R) If an employee reports
licensing deficiencies in the home, the child care provider shall not take any
action against the employee because of the report that would adversely affect
his/her employment or terms or conditions of employment.
(S) The provider shall have documentation on
file at the home of current certification in age-appropriate first aid and
cardiopulmonary resuscitation (CPR) training. The training shall be certified
by a nationally recognized organization, such as the American Red Cross,
American Heart Association, or an equivalent certification and be approved by
the department. At least one (1) caregiver with current certification in
age-appropriate first aid and CPR must be on site at all times when children
are present. First aid/CPR training may count toward the annual clock hour
training requirement.
(2)
Licensing Capacities and Staff/Child Ratios.
(A) A family child care home may be licensed
for up to ten (10) children. The following staff/child ratios must be
maintained at all times and shall not be exceeded except as permitted under
these rules:
|
Number of caregivers present |
Number of children present |
Maximum number of children under age two (2) |
|
1 |
Up to 4 |
4 |
|
1 |
5-6 |
3 |
|
1 |
7-10 |
2 |
|
2 |
Up to 8 |
8 |
|
2 |
Up to 10 |
4 |
(B) A
family child care home may be licensed at maximum capacity for a period of
eighteen (18) consecutive hours of the twenty-four- (24-) hour day. For the
remaining six (6) hours of the twenty-four- (24-) hour day, care may be
provided for one-third (1/3) of the licensed capacity of the home.
(C) A maximum of two (2) children five (5)
years of age and older who are related to the family child care home provider,
or under court-appointed guardianship or legal custody of a family child care
home provider, shall not be counted in the licensed capacity. For the purpose
of this rule, related is any of the following relationships by marriage, blood,
or adoption between the provider and the children in care: parent, grandparent,
great-grandparent, brother, sister, stepparent, stepbrother, stepsister, uncle,
aunt, niece, or nephew.
1. If more than one
(1) member of the legal entity is responsible for the daily operation of the
family child care home, the related children of only one (1) such member shall
be excluded from counting in the licensed capacity.
(3) Assistants.
(A) The provider shall have at least one (1)
assistant available.
(B) The names,
addresses, and telephone numbers of all assistants shall be posted with other
emergency numbers in the home.
(C)
Parents shall be notified of any absence of the provider and informed of the
name of the assistant on duty.
(4) Child Care Training.
(A) The provider shall obtain at least twelve
(12) clock hours of child care-related training during each calendar year. Any
assistant who works or volunteers more than five (5) hours per week shall meet
the same training requirements. Clock hour training shall be approved by the
department.
(B) A clock hour shall
be a minimum of one (1) hour.
(C)
Caregivers who were employed less than the full year shall obtain one (1) clock
hour of training for each one (1) month of employment, regardless of the date
employment began.
(D) The clock
hour training shall include one (1) or more of the department-approved content
areas. The eight (8) content areas address child development, family-teacher
partnerships, child observation, developmentally appropriate practice, early
childhood curriculum, professionalism, health and safety, and
leadership.
(E) Training shall be
documented with the dates, the individual participant's name, the number of
hours of training completed, the title of the training, training approval
identification code, and the name of the trainer(s).
1. Caregivers shall obtain a Missouri
Professional Development Identification (MOPD ID) number from the
department.
2. All clock hour
training records shall be recorded in the department's professional development
system. A summary of training from the professional development system will
serve as documentation of training hours completed.
3. Child-related college courses from an
accredited college or university as identified by the U.S. Department of
Education's Office of Post-Secondary Education (http://ope.ed.gov/ accreditation/) may be
counted as clock hour training. Child-related college courses shall meet the
following guidelines:
A. College coursework
accepted for clock hours must be child related;
B. One (1) college credit is equal to fifteen
(15) clock hours;
C. College
coursework does not include clock hour training or Continuing Education Units
(CEUs) taken from a college. Clock hour training provided through colleges,
such as a continuing education program or an extension office, must follow the
procedures for clock hour training approval; and
D. College coursework shall be documented by
a transcript from an accredited college.
(F) Completing a Child Development Associate
(CDA) or Youth Development Credential (YDC) shall count for twelve (12) clock
hours for the year the credential was awarded.
(G) Caregivers shall not receive clock hours
for duplicate training taken within the same calendar year.
(H) Clock hours obtained in excess of the
twelve (12) training clock hours for the current year shall not be carried over
into the next calendar year.
(I)
Clock hour training taken prior to beginning employment or becoming licensed at
the family child care home may be counted as long as it occurred within that
calendar year.
(J) High school
coursework shall not be approved for clock hours.
(K) Trainers shall not be awarded clock hours
for training sessions which they conducted.
(L) Caregivers shall not be counted in ratio
when obtaining clock hour training.
(5) Safe Sleep Training.
(A) Every three (3) years the provider,
assistant(s), and volunteers in a family child care home licensed to provide
care for infants less than one (1) year of age shall successfully complete
department-approved training regarding the American Academy of Pediatrics (AAP)
safe sleep recommendations contained in the American Academy of Pediatrics
Policy Statement on sleep-related infant deaths. The Sleep-Related
Infant Deaths: Updated 2022 Recommendations for Reducing Infant Deaths in the
Sleep Environment, July 2022, is incorporated by reference in this
rule, as published by the American Academy of Pediatrics and available at
https://publications.aap.org/pediatrics/article/150/1/e2022057990/188304/Sleep-Related-Infant-Deaths-Updated-2022
or as published in PEDIATRICS Volume 150, Issue 1, July 2022.
A copy can also be obtained from the Department of Elementary and Secondary
Education, Office of Childhood, 205 Jefferson Street, PO Box 480, Jefferson
City, MO 65102-0480 and at
https://dese.mo.gov/governmental-affairs/dese-administrativerules/incorporated-reference-materials.
This rule does not incorporate any subsequent amendments or additions.
1. The training shall be documented and
maintained as described in paragraph (4)(E)2. of this rule.
2. The provider, assistant(s), and volunteers
in a family child care home shall complete the safe sleep training described in
subsection (5)(A) of this rule prior to licensure.
3. The provider and any assistant hired or
volunteering at the facility after initial licensure shall complete the safe
sleep training described in subsection (5)(A) of this rule within thirty (30)
days of employment or volunteering at the facility.
Notes
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