Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 73 - Child Placing Agencies
Section 13 CSR 35-73.017 - Hearings and Judicial Review
Universal Citation: 13 MO Code of State Regs 35-73.017
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of this proposed amendment is to ensure that the rule is updated to reflect the needs of current practice and to ensure that the rules are consistent with the requirements of HB 557 (2021).
(1) License Denial, or Revocation.
(A) The division may refuse to
issue a license to an applicant, or may deny or revoke the license of a
licensee, who-
1. Fails consistently to comply
with the applicable provisions of sections 210.481-210.536 and Chapter 453,
RSMo, if licensed as an adoption agency, and the applicable corresponding
rules;
2. Violates any of the
provisions of its license;
3.
Violates state laws or rules relating to the protection of children;
4. Abuses or neglects children, or permits
the abuse or neglect of children, or is the subject of multiple or serious
reports of child abuse or neglect which upon investigation results in a finding
of probable cause to suspect child abuse or neglect and fails to take
corrective action acceptable to the division to ensure the safety of
children;
5. Employs persons,
utilizes volunteers, or utilizes contractors who the division has found
ineligible for employment or presence at the Child Placing Agency pursuant to
section
210.493,
RSMo, and 13 CSR 35-71.015, or who abuse
or neglect children, or are the subjects of multiple reports of child abuse or
neglect which upon investigation results in a finding of preponderance of the
evidence that the individual is responsible for child abuse or neglect and the
agency fails to take corrective action acceptable to the division to ensure the
safety of children;
6. Furnishes or
makes any misleading or false statements or reports to the division;
7. Refuses to submit any reports or to make
available to the division any records required in making an
investigation;
8. Fails or refuses
to submit to an investigation by an authorized and identified representative of
the division at any reasonable time;
9. Fails to provide, maintain, equip, and
keep in safe and sanitary condition the premises established or used for the
care of children as required by law, rule, or ordinance applicable to the
location of a facility; or
10.
Fails to provide adequate financial resources for the satisfactory care of
children being served.
(B) The division shall provide written notice
within ten (10) days of denial or revocation of licensure to the agency, which
shall include the reason(s) for the denial or revocation. Upon receipt of the
notice of denial or revocation, the agency shall cease operation within five
(5) working days unless the denial or revocation is stayed by an appropriate
administrative or judicial order.
(C) The agency may appeal the decision of the
division to deny or revoke the license by filing a request for appeal with the
division within ten (10) days after receipt of the notice of denial or
revocation.
(D) Any person
aggrieved by a final decision of the division with regard to the denial or
revocation of licensure shall be entitled to a hearing and review by the
director or his/her designee as provided by section
210.526,
RSMo.
(E) An agency shall not
reapply for licensure within one (1) year from the date of denial or
revocation.
(2) License Suspension and Suspension of Intake.
(A) The
division shall have the authority to suspend the license of an agency when
necessary to protect the health, safety and welfare of children.
(B) The division shall provide written notice
within ten (10) days of the suspension of license and the reason(s) for the
suspension to the agency. Upon receipt of notice of suspension, the agency
shall immediately cease operation pending review.
(C) The division shall have the authority to
suspend the intake of children into placement during prescribed time periods in
order to assure the health, safety and welfare of children.
(D) The division shall have the authority to
suspend the intake of birth parents and prospective adoptive parents during
prescribed time periods in order to assure the health, safety and welfare of
clients.
(E) The division shall
provide written notice within ten (10) days of the suspension of license and
the reason(s) for the suspension to the agency. Upon receipt of notice of
suspension, the agency shall immediately cease operation pending
review.
(F) In the event that
intake only is suspended, the division shall provide written notice within ten
(10) days of the suspension and the reasons for the suspension, including time
frames and limitations on intake.
(G) When the division suspends the license or
the intake of an agency, the suspension shall be for a period not to exceed
thirty (30) calendar days, or until there is an administrative review and
decision by the director, whichever is first. The director can extend the
suspension for an additional thirty (30) calendar days if the agency has failed
to rectify the problem(s).
*Original authority: Please see the Missouri Revised Statues 1994 and Cumulative Supplement 1996.
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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