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 staff report suspected child abuse or
neglect to DSS Children's Division; updates the group home provider/center
director approval process, including new forms; and updates general
requirements for background screening requirements for child care staff
members.
(1) General Staff
Requirements.
(A) Child care personnel shall
be of good character and intent and shall be qualified to provide care
conducive to the welfare of children.
(B) Child care personnel shall cooperate with
the department.
(C) Individuals
eighteen (18) years of age or older shall be counted in meeting the required
staff/child ratios.
(D) Caregivers
shall be capable of carrying out assigned responsibilities and shall be willing
and able to accept training and supervision.
(E) Caregivers shall have knowledge of the
needs of children and shall be sensitive to the capabilities, interests, and
problems of children in care.
(F)
Caregivers shall be capable of handling emergencies promptly and
intelligently.
(G) Caregivers,
directors, other personnel, or volunteers shall not be under the influence of
alcohol or illegal drugs, while on the premises or in any vehicles used by the
program. These individuals shall not be in a state of impaired ability due to
use of medication while on the premises.
(H) The provider shall have available a copy
of the Licensing Rules for Group Child Care Homes and Child Care Centers in
Missouri. All caregivers and volunteers working directly with children shall be
required to review and be knowledgeable of the rules at the time they begin
work and shall be able to understand and apply those rules which relate to
their respective responsibilities.
(I) Caregivers shall not be engaged in major
housekeeping, cleaning, or maintenance activities during the hours of child
care, but may do routine cleanup to maintain order and sanitation in the
facility.
(J) All staff 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.
(K) 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.
(L) The child
care provider shall ensure that documentation of caregiver completion of the
facility orientation is maintained and on file for review by the
department.
(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 screenings 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) Any person present at
the facility during the hours in which child care is provided shall not present
a threat to the health, safety, or welfare of the children.
(S) If an employee reports licensing
deficiencies in the facility, 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.
(T) The licensee shall have documentation on
file at the facility of current certification in age-appropriate first aid and
cardiopulmonary resuscitation (CPR) training for a sufficient number of child
care staff to ensure that there is one (1) caregiver at the facility for every
twenty (20) children in the licensed capacity. 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. 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.
(2) Center Director or Group Child Care Home
Provider.
(A) General Requirements.
1. An approved certificated group child care
home provider or center director shall be responsible for planning, monitoring,
and managing the facility's daily program.
A.
A Center Director or Group Child Care Home Provider Certification Request form
shall be submitted to the department. See Center Director or Group Child Care
Home Provider Certification Request form, promulgated as of August 2020 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.
This rule does not incorporate any subsequent amendments or
additions.
B. Once the center
director or group child care home provider is certificated by the Department,
the Center Director or Group Child Care Home Provider Approval Request form
shall be submitted to the department and maintained on file at the facility.
See Center Director or Group Child Care Home Provider Approval Request form,
promulgated as of August 2020 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.
This rule does not incorporate any subsequent amendments or
additions.
2. Center
directors and group child care home providers routinely shall be on duty during
the hours of highest attendance a minimum of forty (40) hours per week. If the
facility operates less than forty (40) hours per week, the center director or
group child care home provider shall be on duty at least fifty percent (50%) of
the operating hours.
3. The
licensee is required to maintain an approved certificated group child care home
provider or center director on staff.
4. The duties and responsibilities of the
center director or group child care home provider shall be defined clearly in
writing.
5. In the absence of the
center director or group child care home provider, another responsible
individual shall be designated to be in charge of the facility.
6. The center owner(s), or the board
president or chairperson, shall notify the department immediately when there is
a change of directors and shall have a qualifying criminal background check on
file as required by 19 CSR 30-63.020 General
Requirements.
(B)
Education and Experience Requirements.
1.
General requirements.
A. A Child Development
Associate (CDA) or Youth Development Credential (YDC) shall be considered the
equivalent of twelve (12) months' experience and six (6) college semester hours
in child-related courses toward meeting the educational and experience
requirements for director of any size facility.
B. All experience must have been responsible,
supervised, full-time (a minimum of thirty-five (35) hours per week) paid
experience in working with children in a child care setting. Part-time
experience, which is less than thirty-five (35) hours per week, may be
prorated.
C. Each month of
full-time experience may be substituted for two (2) college semester hours in
unspecified courses, but not for the required child-related courses.
D. All college semester hours must have been
received from an accredited college or university.
E. The required courses may include
child-related courses in early childhood education, elementary education, child
development, child psychology, nutrition, first aid, recreation, nursing,
health, marriage and family, social work, sociology, or other related areas as
approved by the department.
F.
Official verification of the education and experience of the group child care
home provider or center director shall be on file with the department prior to
beginning employment as the group child care home provider or facility
director.
G. Any college transcript
used for verification of education must be an official transcript bearing the
seal of the college or university.
2. Group child care home provider. The group
child care home provider shall have at least thirty (30) college semester
hours, with six (6) of the thirty (30) hours in child-related courses; or
twelve (12) months' experience and six (6) college semester hours in
child-related courses, a CDA, or a YDC.
3. Center director.
A. Any individual approved as a qualified
center director under the previous licensing rules and employed in a center in
that position as of the effective date of these rules shall be exempt from
these requirements for continued employment in the same center, or for
employment in another center of the same or smaller licensed capacity category.
If the same individual is to be employed in another center in a larger licensed
capacity category, s/he shall meet the educational and experience requirements
of that category.
B. Child care
center directors employed after the effective date of these rules shall meet
the following education or experience requirements, or both, as determined by
the licensed capacity of the center in which they are to serve:
Licensed Capacity of the Center
|
Education and Experience Requirements for Center
Director
|
Up to 20 Children
|
Thirty (30) college semester hours, with six (6) of
the thirty (30) hours in child-related courses; or twelve (12) months'
experience with six (6) college semester hours in child-related courses, a CDA,
or a YDC.
|
21-60 Children
|
Sixty (60) college semester hours. Twelve (12) of the
hours must be in child-related courses; or twenty-four (24) months' experience
and twelve (12) college semester hours in child-related courses.
|
61-99 Children
|
Ninety (90) college semester hours. Eighteen (18) of
the ninety (90) hours must be in child-related courses; or thirty-six (36)
months' experience and eighteen (18) college semester hours in child-related
courses.
|
100 or More Children
|
One hundred twenty (120) college semester hours.
Twenty-four (24) of the one hundred twenty (120) hours must be in child-related
courses. Six (6) of the twenty-four (24) college semester hours may include
courses in business or management; or four (4) years' experience and
twenty-four (24) college semester hours in child-related courses. Six (6) of
the twenty-four (24) college semester hours may include courses in business or
management.
|
(3) Child Care Training.
(A) The center director, group child care
home provider, all other caregivers, and those volunteers who are counted in
staff/child ratios shall obtain at least twelve (12) clock hours of child-care
related training during each calendar year. 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 after the
first of the year shall obtain one (1) clock hour of training for each one (1)
month of employment, regardless of the date employment began.
(D) Group child care homes and child care
centers operating fewer than twelve (12) months of the year shall obtain at
least twelve (12) annual clock hours. The number of training clock hours
required is not prorated for any program, regardless of number of months per
year or number of hours per week in operation.
(E) The clock hour training shall meet at
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
AfterSchool 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. This rule does not incorporate any subsequent
amendments or additions.
(F) 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.
(G) 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:
1. College
coursework accepted for clock hours shall be child-related;
2. One (1) college credit is equal to fifteen
(15) clock hours;
3. College credit
is only applicable to the calendar year in which the course is successfully
completed;
4. College courses
qualifying for director approval, as stated in subsections (2)(B)1.D. and E. of
this rule are approved to meet annual clock hour requirements;
5. College coursework does not include clock
hour training or CEUs taken from a college. Clock hour training provided
through colleges, such as a continuing education program or an extension
office, shall follow the procedures for clock hour training approval;
and
6. College coursework shall be
documented by a transcript from an accredited college.
(H) Earning a Child Development Associate
(CDA) or Youth Development Credential (YDC) shall count for twelve (12) clock
hours for the year the credential was awarded.
(I) Caregivers shall not receive clock hours
for duplicate training completed within the same calendar year.
(J) Clock hours obtained in excess of the
twelve (12) training clock hours for the current year shall not be carried over
into the next training year.
(K)
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 to the OPEN
Initiative to assign clock hours to the appropriate year. See
Clock
Hours Training Credit Reassignment form promulgated as of 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.
This rule does not incorporate any subsequent amendments or
additions.
(L) Clock hour training
taken prior to beginning employment or to the facility becoming licensed may be
counted if it occurred within that calendar year.
(M) High school coursework shall not be
approved for clock hours.
(N)
Trainers shall not be awarded clock hours for training sessions which they
conduct.
(O) Caregivers shall not
be counted in ratio when obtaining clock hour training.
(4) Safe Sleep Training. Every three (3)
years the center director, group child care home provider, all other
caregivers, and those volunteers who are counted in staff/child ratios in a
group child care home or child care center 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
http://pediatrics.aappublications.org/content/pediatrics/early/2016/10/20/peds.2016-2938.full.pdf.
This rule does not incorporate any subsequent amendments or additions.
(A) The training shall be documented and
maintained as described in paragraph (3)(F)2. of this rule.
(B) The center director, group child care
home provider, all other caregivers, and those volunteers who are counted in
staff/child ratios in a group child care home or child care center licensed
after the effective date of this rule shall complete safe sleep training
described in section (4) of this rule prior to licensure.
(C) The center director, group child care
home provider, all other caregivers, and those volunteers who are counted in
staff/child ratios shall complete safe sleep training described in section (4)
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.