Missouri Code of State Regulations
Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION
Division 25 - Office of Childhood
Chapter 200 - Child Care Subsidy
Section 5 CSR 25-200.070 - Registration Requirements for Child Care Providers Serving Four (4) or Less Unrelated Children
Universal Citation: 5 MO Code of State Regs 25-200.070
Current through Register Vol. 49, No. 18, September 16, 2024
PURPOSE: The purpose of this rule is to implement the provisions of sections 210.025 and 210.027, RSMo, for the purpose of registering child care providers and defining eligibility for providers to receive state or federal funds for providing child care services.
(1) Requirements for Registration. To receive a certificate of registration as a registered child care provider, the child care provider applicant shall meet the requirements set forth in this section.
(A)
The child care provider applicant must have attained eighteen (18) years of
age.
(B) The child care provider
shall not care for more than four (4) unrelated children.
(C) A child care provider applicant shall-
1. Pass a background check as defined in
13 CSR
35-32.050. Passing a background check shall include:
A. The child care provider shall not have
received a substantiated child abuse and neglect report;
B. The child care provider shall not have
been previously refused licensure or have experienced licensure suspension or
revocation;
C. The child care
provider cannot appear on the Department of Mental Health's Disqualification
Registry pursuant to section
630.170, RSMo;
D. The child care provider shall not be a
registered sex offender or required to register as a sex offender in any
state;
E. The child care provider
applicant shall not have had a certificate of registration denied or revoked
within the past six (6) months; and
F. A child care provider applicant shall not
have pled guilty or nolo contendere to or been found guilty of-
(I) Any felony for an offense against the
person as defined in Chapter 565, RSMo, or any other offense (misdemeanor or
felony) against the person involving the endangerment of a child as prescribed
by law;
(II) Any misdemeanor or
felony for sexual offense as defined in Chapter 566, RSMo, for an offense
against the family as defined in Chapter 568, RSMo, with the exception of the
sale of fireworks to a child under the age of eighteen (18), for pornography or
related offense as defined by Chapter 573, RSMo, for an offense relating to
public assistance including, but not limited to, unlawful receipt, conversion
or transfer of public benefits pursuant to sections
578.377 through
578.381, RSMo, (sections 570.400
through 570.404, RSMo, after January 1, 2017), perjury committed when obtaining
public assistance pursuant to section
578.385, RSMo, (section 570.408,
RSMo, after January 1, 2017); or
(III) Any similar crime in any federal,
state, municipal, or other court of similar jurisdiction or any offenses or
reports which will disqualify an applicant from receiving state or federal
funds, including the following:
(a) The
following crimes, in any degree, if considered a felony in the jurisdiction in
which it was filed: murder, manslaughter, assault, kidnapping, felonious
restraint, false imprisonment, interference with child custodial rights, adult
abuse or stalking, burglary; or
(b)
The following crimes, in any degree, if considered a felony or misdemeanor in
the jurisdiction in which it was filed: rape, sodomy, prostitution, child
molestation, bigamy, child abandonment, child endangerment, criminal nonsupport
of a child, child abuse, elder abuse, robbery, arson, armed criminal action,
unlawful possession/use/transfer of a firearm or weapon, unlawful
promotion/possession/furnishing of obscene or pornographic material (including,
but not limited to, child pornography), or human trafficking;
(c) The following crimes, in any degree, if
considered a felony or misdemeanor in the jurisdiction in which it was filed
and if involving the endangerment of a child or a child victim: assault,
kidnapping, felonious restraint or false imprisonment, interference with child
custodial rights; or
(d) The
following crimes, in any degree, if considered a felony or misdemeanor in the
jurisdiction in which it was filed and if filed within the past ten (10) years:
unlawful possession, sale, transfer, or trafficking of a controlled substance
or any similar crime;
(e) The
following crimes, in any degree, if considered a felony in the jurisdiction in
which it was filed and if committed against the Department of Social Services
or any division thereof: fraud, stealing, or forgery; or
(f) Any municipal court offense for conduct
which, if prosecuted in a court of general jurisdiction, would be an offense
described in subparagraph (1)(C)1.F. above.
(D) The child care
provider shall submit a "Risk Assessment for Tuberculosis" form, to be
completed, signed, and dated by a medical professional no more than ninety (90)
days prior to submission. If a child care provider has active, contagious
tuberculosis, the child care provider must submit documentation showing that a
medical professional has certified that the child care provider is
non-infectious before the child care provider may become registered.
(E) Child care provider shall submit a
statement completed, signed, and dated by a medical professional no more than
ninety (90) days prior to submission on a prescribed form, regarding his/her
opinion of the physical and mental health of the child care provider applicant
and certifying that a physical examination was completed within the past ninety
(90) days, that the child care provider applicant was free from communicable
disease, and is not a threat to the health of children.
(F) Child care provider applicant and anyone
residing with the child care provider applicant shall be legally allowed in the
presence of children.
(G) All
individuals residing with the child care provider applicant over the age of
seventeen (17) shall pass-
1. A search of the
Family Care Safety Registry as described in sections
210.903 through
210.936, RSMo; and
2. State-based child abuse and neglect
registries and databases in Missouri and in the state where the child care
provider household member resides, and each state where such person resided
during the preceding five (5) years;
3. State-based sex offender registry or
repository in Missouri and in the state where the child care provider household
member resides, and each state where such person resided during the preceding
five (5) years;
4. No individual
residing with the child care provider applicant over the age of seventeen (17)
shall have received a substantiated child abuse and neglect report, appear on
the Department of Mental Health employee disqualification list, or be a
registered sex offender or required to register as a sex offender in any
state.
(H) The department
shall not pay for any costs associated with the requirements of
registration.
(I) The child care
provider applicant must cooperate and allow for an unannounced onsite
inspection by the division or designee at initial application. The on-site
inspections shall ensure that the child care provider applicant's home is in
compliance with the following health, safety, fire, and other requirements:
1. Local ordinances, codes, and regulations.
A. The child care provider applicant's home
shall meet local ordinances, codes, and regulations, particularly with regard
to fire safety and smoke or carbon monoxide detectors.
B. If there are no local ordinances or
regulations regarding smoke and carbon monoxide detectors that apply to the
child care provider applicant's home, the child care provider applicant shall-
(I) Install and maintain operable smoke and
carbon monoxide detectors in accordance with the manufacturer's
instructions;
(II) Install and
maintain all detectors on the ceiling or wall at a point centrally located in a
corridor or other area giving access to rooms used for providing child care
services in the home unless the manufacturer's instructions provide otherwise;
and
(III) Ensure that when
activated, the detectors shall provide an alarm in the structure or
room;
2.
Physical Space: The physical space of the child care provider applicant's home
must meet the following criteria:
A. It must
be clean, free of insects and vermin;
B. It must have working heating and cooling
systems;
C. It must have potable,
running water, at least one (1) flushable toilet and one (1) sink for hand
washing accessible to children;
D.
Hygiene items such as toilet paper, soap, hand drying towels (paper or cloth)
must be accessible to children;
E.
The food preparation area clean and equipped to prepare snacks and
meals;
F. It must have inside space
for play and napping;
G. Hazardous
materials must be inaccessible to children;
H. Smoking in the home is prohibited while
children are present;
I. Weapons
and ammunition stored in locked cabinets inaccessible to children;
and
J. Smoke detectors and fire
extinguisher present;
3.
Outdoor play area: The outdoor play area must meet the following criteria:
A. It must be an area safe, maintained, and
no hazards;
B. The outdoor area
must either be continuously fenced to ensure that the children cannot leave and
others cannot enter the premises without supervision; or, if not fenced, child
care provider must have a division approved, supervision plan for when children
are in outdoor play area;
C. Pools
and open water areas are not accessible to children without adult supervision;
and
D. Play equipment is
well-constructed and free from hazards;
4. Emergency preparedness and response plan
available and posted;
5. Animals:
Any animals present on the premises must meet the following criteria:
A. They must be non-threatening to
children;
B. None of the animals
may have a history of attacking or injuring human beings or other
animals;
C. The animals must be
disease free and have all required vaccinations according to state and local
law;
D. Indoor and outdoor areas
used by children are free of animal excrement; and
E. Litter boxes are not located in food
preparation or serving area and inaccessible to children;
6. The child care provider applicant's home
must be free of illegal substances and criminal activity.
(J) The child care provider applicant shall
register with Opportunities in a Professional Education Network (OPEN) and
secure a Missouri Professional Development Identifier (MOPD-ID) to track and
successfully complete all required trainings as approved by the division. The
child care provider shall provide satisfactory, written documentation of
successful completion to the division. The child care provider applicant shall
successfully complete training which includes, but is not limited to:
1. First Aid and Cardiopulmonary
Resuscitation (CPR);
2. Child Care
Subsidy Orientation;
3. Prevention
of Sudden Infant Death Syndrome and Safe Sleeping;
4. Prevention of Shaken Baby Syndrome and
Abusive Head Trauma;
5. Emergency
Disaster Response and Planning;
6.
Mandatory Child Abuse and Neglect (CA/N) Reporting;
7. Prevention and Control of Infectious
Diseases (including immunizations);
8. Administration of Medication, consistent
with standards for parental consent;
9. Prevention and Response to Food Allergy
Emergencies;
10. Building and
Physical Premises Safety; including identification of and protection from
hazards that can cause bodily injury;
11. Handling and Storage of Hazardous
Materials and the Appropriate Disposal of Bio-Contaminants; and
12. Transportation of Children.
(K) If a child care provider
applicant has an outstanding debt owed to the state due to a previous child
care overpayment, the child care provider applicant must participate in a
repayment plan pursuant to 13 CSR 3532.050 to become registered with the
division.
(2) Providing Care for Related Child. If a child care provider applicant wishes to provide child care to a related child, the child care provider applicant must meet the requirements listed in section (1) and must sign an attestation of relationship to child on a form provided by the division.
(3) Providing Care in the Child's Home. If a child care provider applicant wishes to provide child care in the child's home, the child care provider applicant must meet the requirements listed in section (1), with the exception of the on-site inspection listed in subsection (1)(I).
(4) Processing of Application.
(A) Upon receipt of an initial
application for registration and completion of on-site inspection, the division
shall review all information to make a determination as to whether the child
care provider applicant is eligible to receive a certificate of registration.
The division, in its discretion, may request additional documentation if
concerns arise regarding the child care provider applicant's ability to provide
for the health and safety of children, ability to follow generally accepted
accounting practices (GAAP), or to address other concerns as noted by the
division. The child care provider applicant shall provide all requested
documentation.
(B) If the division
determines the child care provider applicant meets all eligibility
requirements, the division shall issue a certificate of registration good for
one (1) year to the child care provider applicant.
(C) If the division determines the child care
provider applicant fails to meet eligibility requirements, the division may, in
its discretion, give the child care provider a reasonable opportunity to cure
any defect. The division may specify a reasonable time frame for the provider
to cure the deficiency, not to exceed ninety (90) days. The division shall take
into account the severity of any defect and whether such defect is likely to be
cured in a reasonable amount of time. If the division determines that a defect
cannot be cured or the applicant is otherwise ineligible, the division shall
provide written notice of the denial of registration. The notice shall-
1. Inform the child care provider applicant
of the nature of the decision;
2.
State generally the factual and legal basis for the division's decision;
and
3. Notify the child care
provider applicant of his/her right to seek an administrative review.
(5) Renewal of Child Care Provider Registration.
(A) A child care
provider shall renew registration annually. The child care provider shall
adhere to the time frames listed below for every subsequent renewal.
(B) To renew a certificate of registration as
a registered child care provider, the child care provider shall-
1. Within ten (10) days of circumstance,
incident, or occurrence which would alter any information provided in the child
care provider's original application for registration, the child care provider
shall notify the division in writing;
2. Perform the following annually:
A. Cooperate and allow for an unannounced
on-site inspection by the division or designee prior to renewal. The on-site
inspections shall ensure that the registered child care provider is in
compliance with the health, safety, fire, and other requirements listed in
subsection (1)(I);
3.
Perform the following every two (2) years:
A.
Submit a "Risk Assessment for Tuberculosis" form, to be completed, signed, and
dated by a medical professional no more than ninety (90) days prior to
submission. If a registered child care provider has active, contagious
tuberculosis, the registered child care provider must submit documentation
showing that a medical professional has certified that the registered child
care provider is non-infectious before the registered child care provider may
become renewed; and
B. Submit a
statement completed, signed, and dated no more than ninety (90) days prior to
submission by a medical professional on a prescribed form, regarding his/her
opinion of the physical and mental health of the registered child care provider
and certifying that a physical examination was completed no more than ninety
(90) days prior to submission, that the registered child care provider was free
from communicable disease and is not a threat to the health of
children;
4. Perform the
following every five (5) years:
A. Pass a
background check as defined in
13 CSR
35-32.050. Passage of a background check shall be
determined as defined in paragraph (1)(C)1. above;
B. All individuals residing with the
registered child care provider over the age of seventeen (17) shall adhere to
the requirements listed in subsection (1)(G) above; and
C. Upon receipt of registration renewal
request, the division shall make a determination as to whether the registered
child care provider is eligible to receive a renewed certificate of
registration. The division shall follow the same process for the renewal of a
registration as that followed to process an initial application as described in
section (2) above.
(6) Corrective Action. The division may require the child care provider to submit and implement a corrective action plan to resolve any health or safety concerns, regulatory violations, or contractual violations. The division shall provide written notification to the child care provider of the requirement to submit and implement a corrective action plan, identifying the specific performance, regulatory requirements, or contractual requirements not being met, and the expected corrective resolution.
(A) The child care provider shall submit a
written corrective action plan to the division within ten (10) days of
notice.
(B) The corrective action
plan must include the actions the child care provider proposes to take to
remedy concerns, time frames for achieving such, the staff responsible for the
necessary action, the improvement that is expected, a description of how
progress will be measured, and a description of the actions to be taken to
prevent the situation from recurring.
(C) The division shall notify the child care
provider in writing if the corrective action plan is approved or if
modifications are required. In the event the division requires changes to the
corrective action plan, the child care provider shall submit a revised
corrective action plan, within ten (10) days of notice that changes are
required.
(7) Registration Revocation.
(A) The division
shall revoke a child care provider's registration if-
1. Health or safety issues exist which place
children at risk of immediate harm;
2. Child care provider or anyone over the age
of seventeen (17) living in the child care provider's home has a substantiated
child abuse or neglect report;
3.
Child care provider committed an intentional violation;
4. Child care provider failed to report child
abuse and neglect when required by law to do so;
5. Child care provider is not mentally,
emotionally, or physically fit to care for children as determined by a medical
professional or mental health professional;
6. Child care provider is not legally allowed
in the presence of children;
7.
Child care provider failed to cooperate in a Welfare Investigative Unit
investigation, a law enforcement investigation, a Child Abuse and Neglect
investigation, compliance review, or audit; or
8. The Department of Health and Senior
Services determines the child care provider is operating in violation of
law.
(B) The division may
revoke a child care provider's registration if-
1. Child care provider failed to disclose all
household members subject to a check of the Family Care Safety
Registry;
2. Health and safety
issues exist that negatively impact the safety and well-being of the children
in the child care provider's care, and the child care provider fails or is
unable to rectify the issues;
3.
Child care provider fails to successfully submit or complete the requirements
of a corrective action plan within time period specified in the plan;
or
4. Child care provider is
non-compliant with registration requirements.
(C) If any health or safety issues exist
which place children at immediate risk of harm, the division shall immediately
revoke the child care provider's registration. In the case of immediate
revocation, the child care provider shall promptly be granted an administrative
review under section (9).
(D) If
the division determines the child care provider's registration is subject to
revocation and no health or safety issues exist which place children at
immediate risk of harm, the division shall provide written notice of the
revocation. The notice shall-
1. Inform the
child care provider applicant of the nature of the decision;
2. State generally the factual and legal
basis for the division's decision; and
3. Notify the child care provider of his/her
right to seek an administrative review.
(8) Contract. To be eligible to contract to receive state or federal funds as a registered child care provider, the child care provider shall meet the following requirements:
(A) Obtain a certificate of registration
which shall be maintained throughout the duration of the contract;
(B) The child care provider shall sign a
contract issued by the state, agreeing to all terms including, but not limited
to:
1. All records of children shall be
confidential, protected from unauthorized examination and available to the
parent(s) and division upon request unless otherwise allowed by law;
2. Child care provider shall care for no more
than four (4) or fewer unrelated children;
3. Child care provider shall not be engaged
in any other employment while providing child care services;
4. Child care provider shall maintain records
pursuant to 13 CSR 35-32.130;
5. Child care provider shall notify all
custodial parents and legal guardians of the child care provider's-
A. Phone number;
B. Discipline policy; and
C. Emergency preparedness and response
plan;
6. Child care
provider shall notify custodial parents and legal guardians if the child care
provider does not have immediate access to a telephone and provide parents with
an alternative, effective method of communication;
7. Child care provider shall ensure custodial
parents and legal guardians have access to their child(ren);
8. Child care provider shall report child
deaths and serious injuries to the division within twenty-four (24) hours of
the incident, using a form provided by the division. This includes, but is not
limited to:
A. The death of a child if the
child died while at the child care provider;
B. The death of a child enrolled at the child
care provider if the child died of a contagious disease; or
C. A "serious injury" to a child that occurs
while the child is at the child care provider or away from the child care
provider's facility but still in the care of the child care provider, if an
injury results in the child being treated by a medical professional or admitted
to a hospital;
9. Child
care provider shall cooperate with any investigations, audits, or other
requests of the division;
10. Child
care provider shall follow all statutes, regulations, and policies of the
division;
11. Child care providers
must report the following changes to the division in writing within ten
business (10) days: physical address, mailing address, telephone number, email
address, the addition of any new household members seventeen (17) years of age
or older, or current household member turns seventeen (17) years of
age;
12. Child care provider shall
not utilize physical or corporal punishment including, but not limited to,
spanking, slapping, shaking, biting, or pulling hair;
13. Child care provider shall submit to
monitoring by division or its designee for compliance with contractual or
regulatory obligations. Such monitoring may include, but is not limited to-
A. Providing attendance records at the
request of the division or its designee;
B. Submitting to unannounced or announced
on-site inspections; or
C. Other
monitoring as determined necessary by the division;
14. Child care provider shall attend annual
training as approved by the division, and provide documentation of the
successful completion of all training to the division through the Opportunities
in a Professional Education Network (OPEN).
(C) If the child care provider is providing
care for a child in the child's own home, the child care provider shall sign a
contract issued by the state, agreeing to all terms listed in subsection
(8)(B), except for the requirement listed in subparagraph (8)(B)13.B. The child
care provider shall further agree in the contract that he/she shall not provide
child care in the child's home to any child who does not reside in the child's
home;
(D) A child care provider may
not be eligible for a contract if the child care provider was denied a contract
or a previous contract was terminated for cause and the underlying issues
causing denial or termination of the contract have not been resolved. A child
care provider may not be eligible for a contract if the child care provider was
the owner, director, board member, officer, shareholder, agent, agent
registered with the secretary of state's office, or had decision making
authority over a licensed or licensed exempt child care facility, and was
denied a contract or a previous contract was terminated for cause;
(E) Termination of Contract. If a child care
provider fails to adhere to the terms of the contract, the division may
terminate the contract by providing written notice to the child care provider.
The notice shall-
1. Inform the child care
provider of the date upon which the contract shall be terminated;
2. State generally the factual and legal
basis for the division's decision; and
3. Notify the child care provider of his/her
right to seek administrative review.
(9) Administrative Review.
(A) The child care provider/applicant may
request an administrative review of the decision to deny registration, deny
registration renewal, revoke registration, deny a contract, or terminate a
contract by providing a written request for an administrative review within ten
(10) days of the notification. The child care provider/applicant may submit
additional documentation for consideration with the request for an
administrative review. The division may, in its discretion, review any
information received after the request for review, but is not required to do
so. In no circumstances shall the division be required to review information
provided after the division has conducted its administrative review.
(B) The child care provider/applicant may
request the opportunity to present additional information via telephone
conference call by making such a request in writing with the request for
administrative review. If the child care provider/applicant timely requests a
telephone conference call, the division shall notify the child care
provider/applicant in writing of the date, time, and telephone number at which
the child care provider/applicant may present information. In such
circumstances, the child care provider/applicant is responsible for ensuring
that he/she is able to present information via telephone on the date/time
provided, and that he/she has a working telephone and stable connection. The
division shall not be responsible for any technical difficulties the child care
provider/applicant may experience.
(C) The division shall-
1. Review the denial of registration, denial
of registration renewal, registration revocation, contract denial, or contract
termination, and any written materials provided by the child care
provider;
2. Conduct a telephone
conference call, if requested by the child care provider/applicant;
and
3. Upon completion of the
administrative review, notify the child care provider of the results of the
administrative review in writing.
(10) Direct Appeal to the Director. If, after conducting the administrative review, the division upholds the denial of registration, denial of registration renewal, or registration revocation, the child care provider/applicant may appeal the decision directly to the director pursuant to section 208.080, RSMo. The child care provider/applicant must submit a request for direct appeal to the director within ten (10) days of notification of the results of the administrative review.
(A) If the child care
provider/applicant timely makes a direct appeal to the director, the director
shall designate the Administrative Hearings Unit of the Division of Legal
Services of the Department of Social Services to hear all cases. The
Administrative Hearings Unit shall hear cases under the procedures outlined in
13 CSR
40-2.160.
(B) The burden shall be on the child care
provider/applicant to prove the denial of registration, denial of registration
renewal, or registration revocation was inconsistent with all applicable laws
and regulations.
(C) Upon
completion of the hearing, the Administrative Hearings Unit shall issue a
written decision as approved by the director, except in default cases or cases
disposed of by stipulation, consent order, or agreed settlement. The decision
shall include or be accompanied by findings of fact and conclusions of law. The
findings of fact shall be stated separately from the conclusions of law and
shall include a concise statement of the findings on which the agency bases its
order. The Administrative Hearings Unit shall deliver or mail its decision,
findings of fact, and conclusions of law to each party, or his/her attorney of
record. The decision of the Administrative Hearings Unit shall be the final
decision of the department.
*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.025, RSMo 1999, amended 2004; and 210.027, RSMo 1999, amended 2014.
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