Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 32 - Child Care
Section 13 CSR 35-32.120 - Regulatory and Contractual Violations of Registered Child Care Providers
Universal Citation: 13 MO Code of State Regs 35-32.120
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth the investigation of complaints made on registered child care providers.
(1) Investigation.
(A) Any member of the public may notify the
division of a regulatory or contractual violation of a registered child care
provider. The division or designee shall investigate regulatory or contractual
violations.
(B) Any member of the
public wishing to notify the division of child abuse or neglect shall do so in
accordance with section
210.145,
RSMo.
(C) Registered child care
providers shall fully cooperate with any investigation conducted by the
division or designee. This includes, but is not limited to, providing
information or documentation requested by the division or designee.
(D) Upon conclusion of an investigation, the
division or designee shall notify the child care provider in writing. The
notification shall include-
1. A description
of the complaint;
2. Whether the
division has substantiated the complaint; and
3. If substantiated, the child care
provider's right to an administrative review.
(2) Administrative Review.
(A) The child care provider may request an
administrative review of the decision to substantiate the violation by
providing a written request for an administrative review within ten (10) days
of the notification. The child care provider may submit additional
documentation for consideration with the request for an administrative review.
The division may, but is not required to, review documentation received after
the request for administrative review.
(B) The child care provider may request the
opportunity to present additional information by telephone conference call by
making such a request in writing with the request for administrative review. If
the child care provider timely requests a telephone conference, the division
shall notify the child care provider in writing of the date, time, and
telephone number at which the child care provider may present evidence. In such
circumstances, the child care provider is responsible for ensuring that he/she
is able to present information via telephone on the date/time provided, and
that he/she has a working telephone and stable connection. The division shall
not be responsible for any technical difficulties the child care provider may
experience.
(C) If a child care
provider makes a timely request for administrative review, the division will
not include the provider in the list described in section (3) until the
administrative review process is complete and a final decision has been
made.
(D) The division shall-
1. Review the investigation of the violation
and any written materials timely provided by the child care provider;
2. Conduct a telephone conference, if timely
requested by the child care provider; and
3. Upon completion of the administrative
review, notify the child care provider of the results of the administrative
review in writing. The results of the administrative review may uphold or
overturn the substantiated complaint.
(E) The results of the administrative review
shall be final.
(3) Public Access.
(A) The division shall
maintain a record of final, substantiated regulatory violations of registered
child care providers and compliance actions taken against child care providers.
Such record shall include the name of the child care provider, date of the
violation, a description of the substantiated contractual or regulatory
violation, and any corrective action taken.
(B) The division shall maintain a record of
the date and results of any on-site inspection of a registered child care
provider, including any regulatory violations found during the on-site
inspection.
(C) The division shall
make its records available for public viewing on the division's
website.
Disclaimer: These regulations may not be the most recent version. Missouri may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.