Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule addresses the procedures for
license denial or revocation and the right for a hearing for a foster parent
who is aggrieved by denial or revocation of his/her license, as required by
section
210.526,
RSMo.
(1) The division may
deny a license to an applicant, or may revoke the license of a licensee, if the
applicant or anyone in the applicant's household-
(A) Fails consistently to comply with the
applicable provisions of sections
208.400 to
208.535, RSMo,
and the rules of the Children's Division promulgated thereunder;
(B) Violates any of the provisions of its
license;
(C) Violates state laws
and/or rules relating to the protection of children;
(D) Furnishes or makes any misleading or
false statements or reports to the division;
(E) Refuses to submit to the division any
reports or refuses to make available to the division any records required by
the division in conducting an investigation;
(F) Fails or refuses to admit authorized
representatives of the division into his/her home at any reasonable time for
the purpose of investigation;
(G)
Fails or refuses to submit to an investigation by the division;
(H) Fails to provide, maintain, equip, and
keep in safe and sanitary condition the premises established or used for the
care of children being served, as required by law, rule, or ordinance
applicable to the location of the foster home;
(I) Fails to provide financial resources
adequate for the satisfactory care of and service to children being served and
the upkeep of the premises; or
(J)
Abuses or neglects children, or is the subject of reports of child abuse or
neglect which upon investigation result in a court adjudicated, probable cause
and/or preponderance of evidence finding, or is found guilty, pleads guilty to,
or pleads nolo contedere to felony crimes against a person to include, but not
limited to, felony possession, distribution or manufacturing of controlled
substance crimes as specified in Chapters 195, 565, 566, 567, 568, and 573,
RSMo, or a substantially similar offense if committed in another state or
country. The division may also deny or revoke a license to any person(s) who
are on the respective Department of Health and Senior Services and/or the
Department of Mental Health lists that exclude child or adult care employment
and/or licensure.
(2)
The division shall provide written notice of denial or revocation of a license.
The notice shall-
(A) Inform the applicant or
licensee of the nature of the decision;
(B) State generally the factual and legal
basis for the division's decision;
(C) State the effective date of the
application, if applicable; and
(D)
Notify the licensee of his/her right to seek administrative review.
(3) At any time during the denial
or revocation process, the division may issue an amended notice of denial or
revocation if additional, relevant information is discovered.
(4) Any notice for revocation shall be given
ten (10) days prior to the effective date of the action.
(5) The licensee or applicant may not reapply
for licensure within one (1) year from the date of denial or revocation. If a
licensee or applicant for license has previously had an application for foster
parent license denied or revoked by the State of Missouri or any other state or
country, the applicant shall fully disclose the reasons for the denial or
revocation and shall establish by preponderance of the evidence that the
reasons for the license denial or revocation have been cured or no longer
exist.
(6) The Children's Division
will retain the option not to renew a foster home license in cases where a
licensed foster home has not accepted a placement over a two- (2-) year
period.
(7) Hearing on
Administrative Review.
(A) The
applicant/licensee who is aggrieved by the decision of the division to deny a
license application, deny license renewal, or revoke an existing license shall
have the right to a hearing on administrative review of the division's
decision.
(B) The licensee or
applicant for a license may appeal the decision of the division to deny or
revoke the license by filing a written request for administrative review with
the division within thirty (30) days after the date of the notice of denial or
revocation. The request for administrative review shall set forth the basis of
the applicant/licensee's objection to the division's decision.
(C) The division may attempt to resolve the
issue with the aggrieved party with an informal meeting prior to the
hearing.
(D) If renewal of a
license is denied and an administrative review hearing is properly requested,
the applicant's current license shall be placed on administrative hold pending
the entry of an order after the administrative review hearing.
(E) If an existing license is revoked and an
administrative review hearing is properly requested, the license shall be
placed on administrative hold pending the entry of an order after the
administrative review hearing.
(F)
If the licensee or applicant for a license requests an administrative review
hearing, the division shall hold said hearing following the procedures for an
administrative review hearing in contested cases as set forth in Chapter 536,
RSMo. The Administrative Hearings Unit of the Division of Legal Services of the
Department of Social Services (Administrative Hearings Unit) shall hold all
hearings. The Administrative Hearings Unit shall be authorized to issue
subpoenas and subpoenas duces tecum pursuant to section
536.077,
RSMo.
(G) After the hearing, the
Administrative Hearings Unit shall issue a written decision and, except in
default cases or cases disposed of by stipulation, consent order, or agreed
settlement, the decision, including orders refusing licenses, shall include or
be accompanied by, findings of fact and conclusions of law. The findings of
fact shall be stated separately from the conclusions of law and shall include a
concise statement of the findings on which the agency bases its order.
Immediately upon deciding any contested case, the agency shall give written
notice of its decision by delivering or mailing such notice to each party, or
his/her attorney of record, and shall upon request furnish him/her with a copy
of the decision, order and findings of fact and conclusions of law.
(H) The decision of the Administrative
Hearings Unit shall be the final decision of the division. Any person aggrieved
by a final decision of the division shall be entitled to judicial review as
provided in sections
210.526
and
536.100
through
536.140,
RSMo.
