Missouri Code of State Regulations
Title 13 - DEPARTMENT OF SOCIAL SERVICES
Division 40 - Family Support Division
Chapter 73 - Licensing of Child Placing Agencies
Section 13 CSR 40-73.012 - Basis for Licensure and Licensing Procedures
Universal Citation: 13 MO Code of State Regs 40-73.012
Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This rule describes the procedures for application for licensure, the licensing investigation and provisions for continued licensing investigations after the initial license is granted.
(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) The application for license shall be
completed by the officers of the governing board of the child placing agency,
or its authorized representative, on a form prescribed and furnished by the
division and shall be forwarded to the division.
(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. Results of a
check of the Child Abuse and Neglect Central Registry Unit (CA/N CRU) for all
staff and volunteers;
9. A criminal
records check for each employee from a state law enforcement agency ;
10. A chart depicting the agency's
organizational structure and lines of supervision;
11. A proposed budget for a period of not
less than twelve (12) months' duration which shows both anticipated expenses
and income for the period;
12. An
itemized schedule of all fees to be assessed to applicants;
13. Verification of availability of not less
than ninety (90) days' operating capital;
14. A copy of the Civil Rights Agreement
signed by the president of the governing board or the agency
director;
15. 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);
16. A projected staffing plan for the
anticipated capacity and programming of the agency;
17. 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;
18. 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;
19. Job title, job description and minimum
qualifications for all staff;
20.
Written child abuse and neglect reporting policy;
21. Written personnel practices, including
staff training and orientation;
22.
Written discipline policy for children in care;
23. Written visitation policy for children in
care;
24. Written health care
policy for children in care which shall include preventive, medical, eye,
hearing and dental care;
25. A
written statement of any religious practices or religious
restrictions;
26. A written plan
for all foster parent training; and
27. Proof of professional and commercial
general liability insurance.
(C) 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; and
5. When a license or
application has been voluntarily surrendered or withdrawn by the
applicant.
(3) Licensing Assessment.
(A) A thorough assessment of the agency shall
be made by the division, 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) Application forms for renewal of
licensure shall be mailed to the child placing agency by the division at least
sixty (60) days prior to the expiration of the license.
(B) The agency shall complete and return the
application to the division thirty (30) days prior to the expiration of the
current license.
(C) The division
shall initiate action on the completed application prior to the expiration of
the existing licensure period.
(D)
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.
(E) In addition to the completed renewal
application, the following documents shall be submitted:
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
40-73.030(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.
Results of an annual check of the CA/N CRU for all staff, contracted personnel
and volunteers working with children;
7. Results of the annual criminal records
check for all staff, contracted personnel and volunteers working with
children;
8. 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;
9. A copy of the budget for
the current calendar or fiscal year;
10. A statistical report on a form supplied
by the division;
11. A list of the
names and addresses of all current foster homes licensed by the agency
;
12. An annual written plan for
all foster parent training;
13. 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;
14. An annual program evaluation;
15. An itemized schedule of all fees to be
assessed to applicants; and
16.
Copies of all written agreements (contracts) for the adoption
process.
(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.
*Original authority: Please see the Missouri Revised Statutes 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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