Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule sets forth the requirements for
personnel practices, including staff qualifications, staff/child ratios, staff
training and nonpaid staff.
(1) Employee Qualifications.
(A) The agency shall employ staff who are
qualified by education, training, and experience for their assigned
responsibilities. A current employee who has qualified for a position under the
previous rule and is serving in that position shall be exempt from meeting any
increased requirements defined by these rules.
(2) Administrative and Supervisory Personnel.
(A) The agency shall employ staff to perform
administrative, supervisory, service and direct care functions which may be
combined only upon the approval of the division.
(B) When indirect care functions have been
approved by the division and are combined, the staff member shall meet the
requirements for each function.
(C)
The administrator shall be at least twenty-five (25) years of age and shall
have one (1) of the following:
1. A master's
degree in social work, counseling, social work administration, or a related
human service degree, from an accredited school and two (2) years' experience
in the management or supervision of child care personnel and
programs;
2. A bachelor's degree in
social work or a human service area of study from an accredited school and four
(4) years' experience in the management or supervision of residential treatment
for children and youth personnel and programs; or
3. If the administrator/executive director is
responsible only for personnel, fiscal management and physical plants, and is
not responsible for the programs and services of the agency, the agency may
employ an administrator who has a bachelor's degree from an accredited school
and two (2) years' experience in residential treatment for children and youth
services. However, in this case, the agency shall employ a program director who
meets the qualifications set forth in
13
CSR 35-71.130(1)(A) 1. and
2.
(D) When the position
of administrator/executive director is vacated, the governing body immediately
shall designate a qualified person to act as administrator/executive director
and the board president/designee shall notify the licensing unit in writing
within five (5) working days.
(E)
The administrator/executive director shall designate in writing a qualified
staff to be in charge when s/he is absent.
(F) The program director shall have one (1)
of the following:
1. A master's degree in
social work or a human service area of study from an accredited school;
or
2. A bachelor's degree in social
work or a human service area or study from an accredited school plus two (2)
years' experience in residential treatment for children and youth
services.
(3)
Professional Personnel.
(A) An agency shall
obtain any professional services required for the implementation of the
individual service plan of a child when these services are not available from
staff.
(B) Professional staff who
perform casework, group work tasks, or planning of services for children and
their families, will have at least a bachelor's degree in social work,
psychology, counseling or a related field from an accredited college.
Professional staff performing individual and/or family therapy shall have a
master's degree in social work, psychology, counseling, or closely related
field of study from an accredited college.
(C) Full- or part-time professional staff
including psychologists, psychiatrists, social workers, counselor physicians,
teachers and nurses, shall meet the licensing or certification requirements of
their profession in Missouri.
(D)
The agency shall have at least one (1) professional staff for every twenty (20)
children in care.
(E) The agency
shall designate a supervisor for professional staff when six (6) or more staff
are employed. The supervisor shall have a master's degree in social work,
psychology, counseling, or closely related field of study and at least two (2)
years' clinical experience.
(F)
Agencies, who by mission, serve a medically fragile and/or drug and alcohol
affected population shall employ or contract with and schedule a licensed nurse
for not less than twenty (20) hours per week. At least one (1) staff shall be
present at all times who is trained in infant/child cardio pulmonary
resuscitation.
(4)
Direct Care Staff-Staff/Child Ratios.
(A)
Direct care staff shall be responsible, mature individuals of reputable
character who exercise sound judgment, display the capacity to provide good
care and supervision of children and must demonstrate competence in their
duties in the following areas:
1. Protecting
and nurturing children;
2. Meeting
child developmental needs and addressing child developmental delays;
3. Supporting relationships between children
and families;
4. Working as a
member of a professional team; and
5. Supporting children with lifetime
relationships.
(B)
Direct care staff shall be at least twenty-one (21) years of age and shall have
at least a high school diploma or general educational development certificate.
A staffing plan shall be developed which allows for consistency of care through
communication between different shifts of care regarding activities or special
needs or problems of children.
(C)
The ratio of direct care staff to children shall be dependent on the needs of
the children, but the staff/child ratio during waking hours shall not be less
than one to four (1:4) for children birth to six (6) years of age.
(D) The staff/child ratio during waking hours
shall not be less than one to six (1:6) for children six (6) to eight (8) years
of age.
(E) The staff/child ratio
during waking hours shall not be less than one to ten (1:10) for children eight
(8) years of age and over.
(F)
Staff in agencies serving children ages birth through six (6) years shall be
awake during sleeping hours with a ratio of not less than one to six
(1:6).
(G) For children ages six
(6) to eight (8) years of age, the staff/child ratios during sleeping hours,
for staff on duty but asleep, shall not be less than one to ten (1:10). If
staff on duty remain awake, a ratio of not less than one to twelve (1:12) shall
be required.
(H) For children over
eight (8) years of age, the staff/child ratios during sleeping hours, for staff
on duty but asleep, shall not be less than one to ten (1:10). If staff on duty
remain awake, a ratio of not less than one to twelve (1:12) shall be required.
Reference Chart
The ratio of direct care staff to children shall be dependent
on the needs of the children.
|
Age Range
|
Level of Care
|
Direct Care Staff to Resident Ratio
|
|
Awake
|
Asleep
|
|
Birth to 6 years
|
Basic Core
|
One (1) staff per four (4) children
|
One (1) staff per six (6) children. Staff must remain
awake.
|
|
6-8 years
|
Basic Core
|
One (1) staff per six (6) children
|
One (1) staff per ten (10) children (If the staff is
on duty, but also sleeping).
Or
One (1) staff per twelve (12) children
(if staff on duty remain awake).
|
|
Over 8 years
|
Basic Core
|
One (1) staff per ten (10) children
|
One (1) staff per ten (10) children (If the staff is
on duty, but also sleeping).
Or
One (1) staff per twelve (12) children
(if staff on duty remain awake).
|
(I)
Agencies must have two (2) staff available at all times, even if their
staff/child ratio is lower than required above. One (1) staff may be sleeping,
but available for emergency situations. When an agency has multiple
cottages/units on campus or in a large congregate care setting, an awake,
roving, staff may serve the purpose of maintaining the required staff/child
ratio by maintaining a presence in the cottages/units on a rotating, regular,
and timely basis.
(J) Appropriate
staff/child ratios must be maintained at all times.
(K) Any children of live-in staff shall be
included in the required staff/child ratios.
(L) The division may require a higher
staff/child ratio if on site review indicates a need for more supervision to
maintain control, discipline, and adequate care, or the division may approve a
lower staff/child ratio if on site review indicates adequate care, discipline,
and control can be maintained at a lower staff/child ratio.
(M) Staff/child ratios shall be maintained at
all group off-grounds activities.
(N) Agencies employing twelve (12) or more
direct care staff shall designate staff to be primarily responsible for
supervising, evaluating, and monitoring the daily work and progress of the
direct care workers who shall have one (1) of the following:
1. A bachelor's degree and one (1) year of
work experience in a residential treatment agency for children and
youth;
2. Two (2) years' college
and two (2) years' work experience in a residential treatment agency for
children and youth; or
3. A high
school diploma and three (3) years' work experience in a residential treatment
agency for children and youth.
(5) Relief Staff. The agency shall provide
planned relief for direct care staff and shall have qualified relief staff to
substitute for direct care staff for sick leave, vacation, relief time, and
other absences.
(6) Interns.
Graduate or undergraduate interns in a field work placement at the agency shall
be subject to the general personnel policies of the agency, but shall not be
considered or used as substitutes for employed staff.
(7) Educational Staff. An agency operating an
on-grounds school shall demonstrate compliance with the Missouri State
Department of Elementary and Secondary Education certification requirements for
teachers/administrators/counselors.
(8) Recreational and Activity Staff.
(A) The agency shall develop and coordinate
the agency's recreational and activity programs by designating staff qualified
by experience, education or training, or both, or certified to carry out the
program outlined in the recreation plan.
(B) An agency shall assign
recreational/activity staff on basis of experience, education, and/or training
in working with groups of children whose recreational needs and interests vary.
Additional training shall be provided for this staff to enhance his/her ability
to perform his/her assigned duties.
(9) Clerical Staff. Clerical staff shall be
employed as needed for general clerical duties such as typing, recordkeeping,
bookkeeping, and filing. Clerical staff shall not supervise or assist in the
care of children without being qualified according to these rules.
(10) Other Staff. An agency shall employ, as
needed, cooks, kitchen helpers, maintenance, custodial, and other support staff
to perform housekeeping and maintenance functions.
(11) Volunteers. If an agency uses volunteers
as part of its program of services, the agency shall have written policies
which include:
(A) A clear description of the
agency's purposes and goals;
(B) A
clear job description for the director of volunteers and for each category of
volunteers;
(C) A clear
differentiation of functions and activities appropriate for paid staff members
and volunteers in policy-making, advocacy, administrative, and direct service
roles. If volunteers are counted toward the staff/child ratio, an agency
supervisory employee must be present and available at the operating
site;
(D) A process for screening
and selecting volunteers, who have direct contact with children similar to that
used for paid staff members;
(E) A
defined line of supervision, with clear written expectations of the supervisor
and the volunteers;
(F)
Orientation, preservice and in-service training activities in the volunteers'
specified roles;
(G) Procedures for
monitoring and evaluating volunteer activities and contributions;
(H) Procedures for observing professional
ethics and confidentiality;
(I)
Procedures for reimbursement of travel and other expenses; and
(J) Procedures for handling conflicts between
paid staff members and volunteers.
(12) Visiting Resources.
(A) Visiting resources shall be approved by
individual resident's parent(s), legal guardian, or legal custodian.
*Original authority: 210.481, RSMo (1982), amended 1985;
210.486 and 210.506, RSMo (1982), amended 1993; and 210.511 , RSMo
(1982).
