Missouri Code of State Regulations
Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES
Division 30 - Division of Regulation and Licensure
Chapter 61 - Licensing Rules for Family Child Care Homes
Section 19 CSR 30-61.105 - The Child Care Provider and Other Child Care Personnel
Universal Citation: 19 MO Code of State Regs 30-61.105
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: This amendment updates the term "day care" to "child care" in the chapter and rule names and throughout the rule. This amendment also adds a requirement that providers and assistants report suspected child abuse or neglect to DSS Children's Division; updates general requirements for assistants and background screening requirements for child care staff members; and adds details regarding staff/child ratios.
(1) General Requirements.
(A) The provider routinely
shall be present during the hours of highest attendance a minimum of forty (40)
hours per week.
(B) The provider
shall name an assistant caregiver who shall be available to substitute during
his/her absence or to meet staff/child ratios.
(C) Caregivers shall be eighteen (18) years
of age or older, have knowledge of the needs of children, and be sensitive to
the capabilities, interests, and problems of children in care.
(D) Caregivers shall be of good character and
intent and shall be qualified to provide care conducive to the welfare of
children.
(E) Caregivers shall be
capable of handling emergencies promptly and intelligently.
(F) All caregivers shall cooperate with the
department.
(G) The provider shall
not be engaged in any other employment while on duty at the family child care
home.
(H) The provider shall have
available a copy of the Licensing Rules for Family Child Care Homes in
Missouri. Providers and assistants shall review and be knowledgeable of the
rules at the time they begin work, and shall be able to understand and apply
the rules which relate to their respective responsibilities.
(I) All child care providers and assistants
shall acquaint themselves with the child abuse and neglect law and shall make a
report of any suspected child abuse or neglect to the Children's Division at
the toll-free number 1-800-392-3738 or online at
https://apps.dss.mo.gov/OnlineCanReporting/default.aspx.
(J) The child care provider shall ensure that
within seven (7) days of employment or volunteering and before being left alone
with children that caregivers receive a facility orientation. The child care
provider shall ensure that documentation verifying completion of the facility
orientation is maintained and on file for review by the department for each
caregiver. The facility orientation shall include:
1. A tour of the facility, indoors and
outdoors; and
2. A review of the
following:
A. Licensing rules;
B. The facility's license and its
limitations, if any;
C. The
facility's written child care practices, including procedures for medication
administration, child illness, discipline, and guidance policies;
D. The daily schedule;
E. The assigned duties and responsibilities
of staff;
F. The names and ages of
the children for whom the staff member will be responsible, including any
special health, nutritional or developmental needs;
G. The location of children's
records;
H. The facility's safe
sleep policy, if applicable;
I. The
facility's disaster emergency plan and the location of emergency information;
and
J. The mandated responsibility
to report any suspected child abuse or neglect to the Children's Division at
the toll-free number 1-800-392-3738 or online at
https://apps.dss.mo.gov/OnlineCanReporting/default.aspx.
(K) The provider,
assistant(s), volunteers, or others in the home shall not be under the
influence of alcohol or illegal drugs while child care is being provided or in
any vehicles used by the program. The child care provider or other child care
personnel shall not be in a state of impaired ability due to use of medication
while providing child care.
(L) The
department shall evaluate any information received that indicates that the
subject of the criminal record review poses a threat to the safety or welfare
of children. In addition to those individuals automatically disqualified from
presence at a child care facility by 19 CSR 30-63. 040 Background Screening
Findings, the department may also prohibit the presence of any person on the
premises of the family child care home during child care hours that has a
criminal history that the department determines to be evidence that said person
poses a threat to the safety and welfare of children.
(M) The provider shall request the results of
a criminal background check for child care staff members as required by
19 CSR
30-63.020 General Requirements.
(N) Child care staff members shall have
qualifying background screening results on file as required by
19 CSR
30-63.020 General Requirements.
(O) Child care staff members with
disqualifying background screening results as defined in 19 CSR 30-63. 040
Background Screening Findings, shall be prohibited from being present on the
premises of the facility during child care hours.
(P) The child care provider shall conduct a
Family Care Safety Registry screening prior to employment for any newly hired
child care staff member who has a qualifying criminal background check
result.
(Q) Background screening
information received by the provider shall be retained in the individual's file
in a confidential manner and available for review.
(R) If an employee reports licensing
deficiencies in the home, the child care provider shall not take any action
against the employee because of the report that would adversely affect his/her
employment or terms or conditions of employment.
(S) The provider shall have documentation on
file at the home of current certification in age-appropriate first aid and
cardiopulmonary resuscitation (CPR) training. The training shall be certified
by a nationally-recognized organization, such as the American Red Cross,
American Heart Association, or an equivalent certification, include an
in-person skills assessment, and be approved by the department. At least one
(1) caregiver with current certification in age-appropriate first aid and CPR
must be on site at all times when children are present. First aid/CPR training
may count toward the annual clock hour training requirement.
(2) Licensing Capacities and Staff/Child Ratios.
(A) A family child
care home may be licensed for up to ten (10) children. The following
staff/child ratios must be maintained at all times and shall not be exceeded
except as permitted under these rules:
|
Number of caregivers present |
Number of children present |
Maximum number of children under age two (2) |
|
1 |
Up to 4 |
4 |
|
1 |
5-6 |
3 |
|
1 |
7-10 |
2 |
|
2 |
Up to 8 |
8 |
|
2 |
Up to 10 |
4 |
(B) A
family child care home may be licensed at maximum capacity for a period of
eighteen (18) consecutive hours of the twenty-four- (24-) hour day. For the
remaining six (6) hours of the twenty-four- (24-) hour day, care may be
provided for one-third (1/3) of the licensed capacity of the home.
(C) Children five (5) years of age and older
who live in the provider's home shall not be counted in the licensed
capacity.
(3) Assistants.
(A) The provider shall have at least one (1)
assistant available.
(B) The names,
addresses, and telephone numbers of all assistants shall be posted with other
emergency numbers in the home.
(C)
Parents shall be notified of any absence of the provider and informed of the
name of the assistant on duty.
(4) Child Care Training.
(A) The provider shall obtain at least twelve
(12) clock hours of child care-related training during each calendar year. Any
assistant who works or volunteers more than five (5) hours per week shall meet
the same training requirements. Clock hour training shall be approved by the
department.
(B) A clock hour shall
be a minimum of one (1) hour.
(C)
Caregivers who were employed less than the full year shall obtain one (1) clock
of hour training for each one (1) month of employment, regardless of the date
employment began.
(D) The clock
hour training shall meet a least one (1) of the eight (8) Content Areas of the
Core Competencies for Early Childhood and Youth Development Professionals
(Kansas and Missouri) (2011) published by Child Care Aware® Of Kansas/OPEN
Initiative/Missouri After School Network/Kansas Enrichment Network. Copies may
be obtained by contacting: OPEN Initiative at 573-884-3373 or
OPENInitiative@missouri.edu or www.OPENInitiative.org. This rule
does not incorporate any later amendments or additions. The eight (8) Content
Areas are as follows:
I. Child and Youth
Growth and Development;
II.
Learning Environment and Curriculum;
III. Observation and Assessment;
IV. Families and Communities;
V. Health and Safety;
VI. Interactions with Children and Youth;
VII. Program Planning and
Development; and
VIII. Professional
Development and Leadership.
(E) Training shall be documented with the
dates, the individual participant's name, the number of hours of training
completed, the title of the training, training approval identification code,
and the name of the trainer(s).
1. Caregivers
shall obtain a Missouri Professional Development Identification (MOPD ID)
number at www.OPENInitiative.org.
2. All clock hour training records shall be
recorded in the Missouri Professional Development Registry (MOPD Registry) at
www.OPENInitiative.org. A
summary of training from the MOPD System will serve as documentation of
training hours completed.
3.
Child-related college courses from an accredited college or university as
identified by the U.S. Department of Education's Office of Post-Secondary
Education (http://ope.ed.gov/accreditation/)
may be counted as clock hour training. Child-related college courses shall meet
the following guidelines:
A. College
coursework accepted for clock hours must be child- related;
B. One (1) college credit is equal to fifteen
(15) clock hours;
C. College credit
is only applicable to the calendar year in which the course is successfully
completed;
D. College coursework
does not include clock hour training or Continuing Education Units (CEUs) taken
from a college. Clock hour training provided through colleges, such as a
continuing education program or an extension office, must follow the procedures
for clock hour training approval; and
E. College coursework shall be documented by
a transcript from an accredited college.
(F) Completing a Child Development Associate
(CDA) or Youth Development Credential (YDC) shall count for twelve (12) clock
hours for the year the credential was awarded.
(G) Caregivers shall not receive clock hours
for duplicate training taken within the same calendar year.
(H) Clock hours obtained in excess of the
twelve (12) training clock hours for the current year shall not be carried over
into the next calendar year.
(I)
Clock hours earned to complete the previous year's requirements shall not be
applied to the current year's clock hour requirements. Caregivers shall submit
the Clock Hour Training Credit Reassignment form, promulgated as of July 2018
and incorporated by reference in this rule, as published by the Missouri
Department of Health and Senior Services, PO Box 570, Jefferson City, MO
65102-0570 and available by the department at
https://health.mo.gov/safety/childcare/forms.php
, to the OPEN Initiative to assign clock hours to the appropriate
year.
(J) Clock hour training taken
prior to beginning employment or becoming licensed at the family child care
home may be counted as long as it occurred within that calendar year.
(K) High school coursework shall not be
approved for clock hours.
(L)
Trainers shall not be awarded clock hours for training sessions which they
conducted.
(M) Caregivers shall not
be counted in ratio when obtaining clock hour training.
(5) Safe Sleep Training. Every three (3)
years the provider and assistant(s) in a family child care home licensed to
provide care for infants less than one (1) year of age shall successfully
complete department-approved training regarding the American Academy of
Pediatrics (AAP) safe sleep recommendations contained in the American Academy
of Pediatrics Task Force on Sudden Infant Death Syndrome. Technical report -
SIDS and other sleep-related infant deaths: Updated 2016 Recommendations for a
Safe Infant Sleeping Environment, by Moon RY, which is incorporated by
reference in this rule as published in PEDIATRICS Volume 138, No. 5, November
1, 2016 and available at
(A) The training shall be documented and
maintained as described in paragraph (4)(E)2. of this rule.
(B) The provider and assistant(s) in a family
child care home licensed after the effective date of this rule shall complete
the safe sleep training described in section (5) of this rule prior to
licensure.
(C) The provider and any
assistant hired or volunteering at the facility after initial licensure shall
complete the safe sleep training described in section (5) of this rule within
thirty (30) days of employment or volunteering at the facility.
*Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999.
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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