Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 35 - Children's Division
Chapter 73 - Child Placing Agencies
Section 13 CSR 35-73.035 - Staff Qualifications and Requirements
Universal Citation: 13 MO Code of State Regs 35-73.035
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of this proposed amendment is to ensure that the language of the rule is consistent with current practices, and to incorporate the requirements of House Bill 557 (2021).
(1) Employee Qualifications. 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. Each individual associated with the agency who is required to submit to a background check pursuant to section 210.493, RSMo, and 13 CSR 35-71.015 must also successfully complete the background check and be found eligible by the division for employment or presence at the licensed child placing agency.
(2) Administrative Personnel.
(A) The agency shall employ staff
to perform administrative, supervisory, social service and direct care
functions which may be combined only upon the approval of the governing
board.
(B) Staff members shall meet
the requirements for each function, for direct and nondirect care functions,
when such functions are combined as approved by the governing board.
(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 three (3) years' experience in the management or
supervision of child placing or residential care personnel and programs;
or
2. A bachelor's degree in social
work or a human service area of study from an accredited school and five (5)
years' experience in the management or supervision of child placing or
residential care personnel and programs; or
3. If the administrator is responsible only
for administrative functions such as personnel and fiscal matters and is not
responsible for direct supervision of the programs and services of the agency,
the agency may then employ an administrator who has a bachelor's degree from an
accredited school and two (2) years' experience in child placing or residential
care services. However, in this case, the agency shall employ a person,
responsible for the direct supervision of the agency's services, who meets the
qualifications set forth in 13 CSR 35-73.035(2)(C) 1. or 2.
(D) The administrator's
responsibilities include:
1. Developing,
implementing, and maintaining policies and procedures for program and fiscal
operation under the direction of the governing board and maintaining compliance
with all applicable requirements of federal and state law, including the
background check and eligibility requirements of section
210.493,
RSMo, and 13 CSR 35-71.015;
2. Keeping the governing board informed of
the program and management of the agency;
3. Interpreting and implementing recognized
standards for child welfare services;
4. Ensuring that the agency achieves and
maintains compliance with the requirements of the licensing rules;
5. Employing, evaluating, and discharging
staff members, in accordance with the agency's established personnel policies;
and
6. Ensuring the maintenance of
current client's records and statistics.
(E) When the position of administrator is
vacated, the governing board shall within five (5) working days submit a plan
for interim management to the division for approval. The plan is to include:
1. Provisions for recruitment of a permanent
administrator;
2. The name of the
designee and his/her qualifications; and
3. His/her responsibilities.
(F) The administrator shall
designate in writing a qualified staff person to be in charge when s/he is
absent.
(3) Supervisor of Placement Services.
(A) In an agency where the
administrator operates primarily in an administrative capacity and is not
directly involved in child placing activities, a person shall be employed as
supervisor of placement services.
1. A
supervisor of placement services employed after the effective date of these
rules shall have one (1) of the following:
A.
A master's degree in social work or a human service area of study from an
accredited school plus three (3) years experience in child placing services;
or
B. A bachelor's degree in social
work or a human service area of study from an accredited school plus five (5)
years experience in child placing services and possess a current license as a
clinical social worker in the state of Missouri.
2. A supervisor of placement services
responsibilities include:
A. The supervision,
management, training and evaluation of all professional staff, students and
consultants involved in placement services;
B. The supervision of volunteers whose work
involves direct contact with clients;
C. The approval of decisions regarding family
and child eligibility for service, maternity and child care, transportation and
placement arrangements, finalization, and any other changes in the child's
legal status; and
D. The
implementation of the agency's adoption program(s) and services, and
recommendations regarding changes to the program.
3. When the position of supervisor of
placement services is vacated, the agency shall submit a plan within five (5)
working days for interim supervision to the division. The plan is to include:
A. Provisions for recruitment of a permanent
supervisor of placement services;
B. The name of the designee and his/her
qualifications; and
C. His/her
responsibilities.
(B) Supervisors of placement services are
required to submit to background checks and be found eligible by the division
for employment or presence at the licensed child placing agency pursuant to
section
210.493,
RSMo, and 13 CSR
35-71.015.
(4) 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.
1. An agency shall arrange or make
appropriate referrals for medical, legal, psychiatric, psychological or other
professional services to birth parents, children, or foster and adoptive
parents, as necessary.
2. The
agency shall not require clients to use medical, legal, psychological,
psychiatric or other consultants used by the agency. The agency may use
consultants and/or persons selected by agency clients. The agency can reserve
the right to request a second opinion from a neutral source.
(B) Professional staff who perform
social work tasks, counseling with children and their families, therapeutic
services, or planning of services for children and their families, shall have a
master's degree in social work, psychology, counseling, or a closely related
clinical field from an accredited college or university. Professional staff may
have a bachelor's degree in social work, psychology, counseling, or a related
area of study from an accredited school if s/he is under the direct supervision
of a qualified supervisor of placement services (13 CSR 35-73.035(3)
).
(C) Full- or part-time
professional staff including psychologists, psychiatrists, social workers,
counselors, physicians, teachers and nurses, shall meet the licensing or
certification requirements of their profession in Missouri.
(D) The agency shall designate a supervisor
for professional staff when six (6) or more professional staff are employed.
The supervisor shall have at least three (3) years clinical experience.
Supervision of contracted employees shall constitute part of the supervisor's
work load.
(E) Professional
personnel are required to submit to background checks and be found eligible by
the division for employment or presence at the licensed child placing agency
pursuant to section
210.493,
RSMo, and 13 CSR
35-71.015.
(5) Contracted Personnel.
(A) An agency assumes responsibility for work
performed by a contracted person when such services are performed under the
auspices of said agency.
(B) All
official child placing activities and written documentation shall be processed
through the child placing agency.
(C) All contracted personnel must meet the
staff qualifications for the position they are being contracted to
fill.
(D) Supervision of all
contracted personnel must be provided by a qualified supervisor of placement
services from that agency.
(E) A
file shall be maintained for each contracted personnel which includes:
1. A copy of the signed contract;
2. Verification of education and
experience;
3. Verification of
character references from three (3) persons, unrelated to the staff
member;
4. Verification of employer
references for the past five (5) years and a history of any previous employment
in child care settings;
5. A copy
of the job description signed by the contractor;
6. Reports of initial and subsequent biennial
physical examinations;
7. Results
of annual checks of the Child Abuse and Neglect Central Registry Unit (CA/N
CRU) checks;
8. Copies of an annual
performance evaluation;
9.
Documentation that each individual associated with the agency who is required
to submit to a background check pursuant to section
210.493,
RSMo, and 13 CSR 35-71.015 has
successfully completed the background check and is found eligible by the
division for employment or presence at the licensed child placing agency;
and
10. Documentation of
orientation and annual staff training.
(F) Caseload sizes shall be proportionate to
the number of hours worked on a monthly basis.
(G) Contracted personnel shall not collect
fees from clients unless authorized by the contract with the
agency.
(6) Students and Interns.
(A) Interns, graduate students, and
students 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. A written plan for using students will
include:
1. A plan for the selection,
orientation, training, assignment, and evaluation of students;
2. A description of what services the student
is responsible for and what arrangement the agency has for supervising the
students;
3. A signed statement of
their understanding of confidentiality;
4. A copy of the written plan shall be given
to each student, his/her school, and to the supervising staff members;
and
5. A plan for coverage of
caseload in student's absence.
(B) Interns, graduate students, and students
are required to submit to background checks and be found eligible by the
division for employment or presence at the licensed child placing agency
pursuant to section
210.493,
RSMo, and 13 CSR 3571.015.
(7) Clerical Staff.
(A) Clerical staff shall not supervise or
assist in the care of children without being qualified according to these
rules.
(B) Clerical staff shall
sign a statement of their understanding of confidentiality.
(C) Clerical staff shall submit to background
checks and be found eligible by the division for employment or presence at the
licensed child placing agency pursuant to section
210.493,
RSMo, and 13 CSR
35-71.015.
(8) An agency shall not be wholly dependent upon the use of volunteers to ensure the provision of services. If an agency uses volunteers as part of its program of services, the agency shall have written policies which include:
(A) A
description of the agency's purposes and goals;
(B) A job description for the director of
volunteers and for each category of volunteers;
(C) A differentiation of functions and
activities appropriate for paid staff members and volunteers;
(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 written expectations of the supervisor and the
volunteers;
(F) Orientation and
training in the volunteers' specified roles;
(G) Procedures for monitoring and evaluating
volunteer activities;
(H)
Maintaining a file for each volunteer, who works directly with children
including applications, verification of CA/N CRU and background checks, and
task assignments and annual evaluations;
(I) Procedures for observing professional
ethics and confidentiality of records and information;
(J) Procedures for reimbursement of travel
and other expenses; and
(K)
Procedures for handling conflicts between paid staff members and
volunteers.
(9) Cases to be counted in the agency caseload are-
(A)
Children in agency custody including children for whom any court jurisdiction
has been entered who are still waiting a final order;
(B) Children not in the custody of the
agency, but who are being supervised in a foster or adoptive home, group home,
or institution; and
(C) The agency
shall have at least one (1) professional staff for every-
1. Twenty (20) children in alternative
care;
2. Thirty-five (35) children
under post-placement supervision;
3. Thirty (30) active adoptive or birth
families; or
4. A reasonable
combination thereof.
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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