Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 73 - Child Placing Agencies
Section 13 CSR 35-73.012 - Basis for Licensure and Licensing Procedures
Universal Citation: 13 MO Code of State Regs 35-73.012
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of the proposed amendment to this rule is to update the procedures for applying for a license to operate a Child Placing Agency in Missouri, and to ensure that the regulations are in compliance with the new requirements of HB 557 (2021).
(1) Licensing Authority.
(A) Section
210.486,
RSMo states it is unlawful for any person to operate a child placing agency
without having a written license issued by the division, except for those
persons specifically exempted by section
210.516,
RSMo.
(B) Any person who desires to
develop, establish, maintain or operate, a child placing agency, except for
those persons exempt from licensing pursuant to section
210.516,
RSMo, must file an Application for Licensure form with the division and must
receive a license prior to accepting any clients for services.
(C) Before a license may be granted, an
agency must be in compliance with sections 210.481-210.536, RSMo and applicable
rules promulgated and issued by the division.
(2) Application for Licensure.
(A) To apply for a license to operate a Child
Placing Agency in Missouri, the individual legally authorized to act on behalf
of the Child Placing Agency shall file an application with the division on
forms provided by the division.
1. The
application forms are published on the division's website and are incorporated
by reference and made a part of this rule as published by the Department of
Social Services, Children's Division, 205 Jefferson Street, 10th Floor, PO Box
88, Jefferson City, MO 65102, and on the web at
https://www.dss.mo.gov/provider-ser-vices/children/residential-program/child-placing.htm,
October 1, 2021. This rule does not incorporate any subsequent amendments or
additions. The Child Placing Agency shall attach all additional supplementary
materials and documentation that may be necessary to complete the required
application. The Child Placing Agency shall submit the form with supplementary
materials to the division by email at the following email address:
CD.CHILDPLACIN-GAPPS@dss.mo.gov.
2.
The application form shall be signed by the legally authorized representative
of the Child Placing Agency. The division will accept electronic signatures
(e-signatures).
3. The Child
Placing Agency may apply to the division for permission to submit its
application and supporting documentation by mail or private delivery services
rather than email when there are unusual, compelling, and extenuating
circumstances which make submission by email impossible. The Child Placing
Agency shall apply for permission to file the materials with the division in
writing, and shall explain the circumstances why it cannot submit the materials
by email. The Child Placing Agency shall attach all documentation that may be
necessary to complete the required notification. If the division grants
permission under this subsection the agency may submit the form with supporting
materials by mail, by private delivery service, or in person to the offices of
the division at Residential Program Unit, 205 Jefferson Street, 10th Floor, PO
Box 88, Jefferson City, Missouri 65102; or by email to
CD.CHILDPLACIN-GAPPS@dss.mo.gov.
(B) An agency shall submit the following
documents to the division along with the application:
1. Documentation of the legal basis for
operation;
2. A certified copy of
the current Articles of Incorporation;
3. A copy of the current by-laws;
4. A list of the names and addresses of the
current members of the governing board and a notarized letter of acceptance
from each;
5. A completed personnel
report on a form prescribed by the division;
6. Verification of the education, experience,
and character of the administrator, all professional staff, and all contracted
personnel;
7. Verification of a
physical examination for all staff working directly with children, completed by
a licensed physician or a registered nurse who is under the supervision of a
licensed physician;
8.
Certification that all individuals who are required to complete a background
check are eligible for employment or presence at the Child Placing Agency as
required in section
210.493,
RSMo, and 13 CSR 35-71.015;
9. A chart depicting the agency's
organizational structure and lines of supervision;
10. A proposed budget for a period of not
less than twelve (12) months duration which shows both anticipated expenses and
income for the period;
11. An
itemized schedule of all fees to be assessed to applicants;
12. Verification of availability of not less
than ninety (90) days operating capital;
13. A copy of the Civil Rights Agreement
signed by the president of the governing board or the agency
director;
14. An outline of the
agency's proposed program and the specific geographic area to be served (this
shall be directly related to the number of staff and the geographic area to
which it can actually provide services);
15. A projected staffing plan for the
anticipated capacity and programming of the agency;
16. A written statement clearly setting forth
the authority and responsibilities delegated to a director, administrator, or
supervisor, if other than the owner. When the responsibility for the operation
of an agency rests with the governing board, that governing board shall
establish written policies and procedures which clearly establish the lines of
responsibility governing the operation of the agency. These shall include a
statement of the kind and extent of authority delegated to the director
employed to carry out the program;
17. A written description of intake policies
which delineates the types of services to be provided, specific programs
offered, and the methods of care and treatment to be provided;
18. Job title, job description, and minimum
qualifications for all staff;
19.
Written child abuse and neglect reporting policy;
20. Written personnel practices, including
staff training and orientation;
21.
Written discipline policy for children in care;
22. Written visitation policy for children in
care;
23. Written health care
policy for children in care which shall include preventive, medical, eye,
hearing, and dental care;
24. A
written statement of any religious practices or religious
restrictions;
25. A written plan
for all foster parent training; and
26. Proof of professional and commercial
general liability insurance.
(C) The application shall be complete when
the Child Placing Agency has submitted and the division has received a fully
completed application form and all necessary supporting
documentation.
(D) A new
application shall be filed-
1. If the agency
fails to follow through with completing the requirements for licensure within
six (6) months of initial application;
2. When an application for licensure has been
withdrawn, and the agency seeks to reapply;
3. When there is a change of ownership or
corporate status of the agency;
4.
When the division has revoked or refused to renew a license, and a new license
is sought; or
5. When a license or
application has been voluntarily surrendered or withdrawn by the
applicant.
(3) Licensing Assessment.
(A) After the
application is complete the division will conduct a thorough assessment of the
agency, including a review of the documents required in this rule and visits to
the agency to determine compliance with the licensing law and applicable
rules.
(B) If an applicant for
licensure is determined not to be in compliance with the licensing law and
applicable rules, and if compliance is not achieved within a six- (6-) month
period, a new Application for Licensure must be filed if the agency desires to
pursue licensure.
(4) The License.
(A) Upon determination of compliance
with the licensing law and applicable rules, the director shall issue a license
for an initial six-(6-) month probationary term.
(B) Following the probationary period, upon
determination of continued compliance with Missouri statutes and applicable
licensing rules, the director shall extend the term of the license for a period
not to exceed two (2) years.
(C)
The license shall be posted in a conspicuous place on the premises of the
facility.
(D) The license shall
reference specific category of service(s) the agency is authorized to
provide.
(E) The license shall not
be transferable and applies only to the agency to whom it is issued.
(5) License Amendment.
(A) An agency shall file an Application for
Amendment with the division at least thirty (30) days prior to relocation,
addition of a branch or operating site, change in the name of the agency, or
significant change in the program.
(B) An Application for Amendment shall be in
the form of a letter from the executive director or board of directors and
shall include the following information:
1 The
type of change being requested;
2
The date the change will take effect;
3 Why the change is being requested;
and
4 Any specific location changes
including full address and telephone number
(C) These changes shall be approved by the
division before implementation.
(6) Licensing Renewal.
(A) The Child Placing Agency shall complete
and return the application to the division sixty (60) days prior to the
expiration of the current license. The Child Placing Agency shall utilize the
forms indicated in paragraph (2)(A)1. of this regulation to initiate the
license renewal process. The Child Placing Agency shall attach all additional
supplementary materials and documentation that may be necessary to complete the
required application. The Child Placing Agencies shall submit the form with
supplementary materials by email to the division to the following email
address: CD.CHILD-PLACINGAPPS@dss.mo.gov. The application form shall be signed
by the Director of the Child Placing Agency or the director's authorized
designee. The division will accept electronic signatures.
(B) The division shall initiate action on the
completed application prior to the expiration of the existing licensure
period.
(C) When an agency has made
timely and sufficient application for renewal of a license, and the division
fails to render a decision on the application for renewal of the license prior
to the expiration date on the license, the existing license shall continue in
full force and effect for up to thirty (30) days until the final decision of
the division has been made. The division may further extend the period in which
such decision must be made in individual cases for up to thirty (30) additional
days, if good cause is shown.
(D)
In addition to the completed renewal application, the Child Placing Agency
shall submit the following documentation with the application:
1. Verification of a biennial physical
examination, completed by a licensed physician, registered nurse who is under
the supervision of a licensed physician, or an advanced practice nurse in a
collaborative agreement with a licensed physician for all staff working
directly with children (see
13 CSR
35-73.030(3)(A));
2. A current governing board roster, with
officers identified, including the addresses and a notarized letter of
acceptance from each member;
3. A
summary of any significant changes to programs and copies of any resulting
policies or policy changes;
4. A
copy of the current organizational chart;
5. A completed personnel report on a form
prescribed by the division;
6.
Certification that all individuals who are required to submit to a background
check have completed their background checks and have been found eligible by
the division for employment or presence at the Child Placing Agency as provided
in section
210.493,
RSMo, and 13 CSR 35-71.015;
7. Results of an annual check of the Child
Abuse and Neglect CRU for all staff, contracted personnel, and volunteers
working with children;
8. Results
of the annual criminal records check for all staff, contracted personnel, and
volunteers working with children;
9. A copy of a biennial financial audit and
evaluation of the financial soundness of the operation conducted by a certified
public accountant not employed by the agency;
10. A copy of the budget for the current
calendar or fiscal year;
11. A
statistical report on a form supplied by the division;
12. A list of the names and addresses of all
current foster homes licensed by the agency;
13. An annual written plan for all foster
parent training;
14. A written plan
indicating how the agency will provide for the transfer of records on both open
and closed cases in the event the agency closes;
15. An annual program evaluation;
16. An itemized schedule of all fees to be
assessed to applicants; and
17.
Copies of all written agreements (contracts) for the adoption
process.
(E) When an
agency has made timely and sufficient application for renewal of a license, and
the division fails to render a decision on the application for renewal of the
license prior to the expiration date on the license, the existing license shall
continue in full force and effect for up to thirty (30) days until the final
decision of the division has been made. The division may further extend the
period in which such decision must be made in individual cases for up to thirty
(30) additional days, if good cause is shown.
(F) Upon determination of compliance with the
licensing law and applicable rules, the director shall issue a license for a
period not to exceed two (2) years.
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.
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