Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This rule sets forth the requirements for
the incorporation, administration, and financing of an agency.
(1) Each agency shall be incorporated and
shall submit to the division its articles of incorporation and certificate of
incorporation.
(2) An agency shall
have a governing body responsible for establishing its policies, determining
its programs, guiding its development, and providing its leadership. A list of
the names, addresses, and place of employment of the current members of the
governing board shall be kept on file at the agency and available for
review.
(3) Voting members of the
board of directors shall not be employed by and/or do not receive financial
compensation from the agency. Any employee who serves as a member of the board
of directors shall sign a statement acknowledging his/her understanding of and
agreement with this rule. Such statement shall be part of the personnel
file.
(4) The governing body shall
be responsible for-
(A) Developing and
maintaining a program of orientation and training for all new members of the
governing body;
(B) Determining the
size, selection, function, and organization of the governing body;
(C) Keeping minutes of each meeting of the
governing body, which shall reflect its actions pertaining to and affecting the
care and safety of children;
(D)
Meeting as often as necessary, but at least four (4) times a year, to conduct
the business of the agency, at least one (1) of which shall be held at an
operating site;
(E) Conducting an
on site visit to each operating site annually by at least a committee of the
governing body;
(F) Ensuring an
agency's continuous compliance with Missouri law and applicable licensing
rules;
(G) Ensuring the agency's
continuous compliance with all applicable federal, state, or local laws or
regulations governing the operation of the agency;
(H) Ensuring that an agency's standards of
practice shall be professional, ethical, and responsive to client
needs;
(I) Appointing the executive
director and delegating responsibility to the director to administer the agency
in all of its activities, functions, and services;
(J) Performing and retaining a written
evaluation of the executive director on an annual basis;
(K) Providing the division a written
statement which sets forth the kind and extent of authority delegated to the
executive director;
(L) Ensuring
that all operating sites are maintained, staffed, and equipped to implement the
agency's program effectively;
(M)
Making available for review by the division the written policies and procedures
of the agency, and evaluating the policies and procedures biennially to
determine that the interests of children and families are being
served;
(N) Meeting with division
staff when requested;
(O) Providing
written notification to the division within five (5) working days when there is
a change of executive directors, board president, or the organizational
structure of the agency;
(P)
Reporting a criminal act of an employee in the performance of employment duties
to law enforcement and/or the prosecuting attorney and providing immediate oral
report followed by a written report to the division five (5) working days after
the occurrence of the criminal act that specifies the agency's corrective
action plan; and
(Q) Ensuring that
no unrelated business is established at the licensed agency operating site
without providing the division with a written request and receiving written
permission from the division.
(5) Financial Management.
(A) The governing body shall approve an
annual budget which shall be on file at the agency and submitted to the
licensing unit;
(B) If an agency
has annual gross revenues of five hundred thousand dollars ($500,000) or more,
the agency shall be audited annually by an independent certified public
accountant and a copy shall be submitted to the division. Agencies with an
annual gross income of less than five hundred thousand dollars ($500,000) shall
provide documentation of an annual financial review;
(C) The treasurer, administrator, and any
other persons handling funds shall be bonded, as determined by the governing
body;
(D) The governing body shall
ensure that insurance for public liability, worker's compensation, fire and
disaster insurance on the property, and agency vehicles is maintained;
and
(E) The governing body shall be
responsible for providing and maintaining adequate funds for the operation of
the agency.
*Original authority: 210.506, RSMo 1982, amended 1993,
1995.
