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2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.194 - Rules, guidelines and protocols — confidentiality requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2019, 2 histories
210.194. Rules, guidelines and protocols — confidentiality requirements. —
1. The director of the department of social services, in consultation with the director of the department of health and senior services, shall promulgate rules, guidelines and protocols for child fatality review panels established pursuant to section 210.192 and for state child fatality review panels.
2. The director shall promulgate guidelines and protocols for coroner and medical examiners to use to help them to identify suspicious deaths of children under the age of eighteen years, who are eligible to receive a certificate of live birth.
3. No rule or portion of a rule promulgated under the authority of sections 210.192 to 210.196 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
4. All meetings conducted and work product, including internal memoranda, summaries or minutes of meetings, and written, audio, or electronic records and communications, made and maintained pursuant to sections 210.192 to 210.196 by the department of social services and department of health and senior services and its divisions, including the state technical assistance team, or other appropriate persons, officials, or state child fatality review panel and local child fatality review panel shall be confidential, unless otherwise provided in this subsection, section 210.150, section 210.195, or section 660.520. The state technical assistance team shall make nonidentifiable, aggregate data on child fatalities publicly available. Identifiable data shall be released at the discretion of the director of the department of social services, except for any data that was obtained only from birth or death certificate records provided by the department of health and senior services. In those cases, the release of identifiable data shall be at the discretion of the state registrar.
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(L. 1991 H.B. 185 § 2, A.L. 1993 S.B. 52, A.L. 1994 S.B. 595, A.L. 1995 S.B. 3, A.L. 2019 H.B. 397)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.195 - State technical assistance team, duties — regional coordinators, appointment, duties — state child fatality review panel, appointment, duties, findings and recommendations, content.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2019, 2 histories
210.195. State technical assistance team, duties — regional coordinators, appointment, duties — state child fatality review panel, appointment, duties, findings and recommendations, content. —
1. The director of the department of social services shall establish a special team which shall:
(1) Develop and implement protocols for the evaluation and review of child fatalities;
(2) Provide training, expertise and assistance to county child fatality review panels for the review of child fatalities;
(3) When required and unanimously requested by the county fatality review panel, assist in the review and prosecution of specific child fatalities; and
(4) The special team may be known as the department of social services, state technical assistance team.
2. The director of the department of social services shall appoint regional coordinators to serve as resources to child fatality review panels established pursuant to section 210.192.
3. The director of the department of social services shall appoint a state child fatality review panel which shall meet at least biannually to provide oversight and make recommendations to the department of social services, state technical assistance team. The department of social services, state technical assistance team shall gather data from local child fatality review panels to identify systemic problems and shall submit findings and recommendations to the director of the department of social services, the governor, the speaker of the house of representatives, the president pro tempore of the senate, the children's services commission, juvenile officers, and the chairman of the local child fatality review panel, at least once a year, on ways to prevent further child abuse and injury deaths. The report shall include a summary of compliance with the provisions of sections 210.192 to 210.196 for each county or city not within a county.
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(L. 1991 H.B. 185 § 3, A.L. 1994 S.B. 595, A.L. 2000 S.B. 757 & 602, A.L. 2019 H.B. 397)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.196 - Hospitals and physicians, rules authorized for protocol and identifying suspicious deaths — child death pathologist, qualification, certification — rules, procedure — records, disclosure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2014
210.196. Hospitals and physicians, rules authorized for protocol and identifying suspicious deaths — child death pathologist, qualification, certification — rules, procedure — records, disclosure. —
1. The director of the department of health and senior services, in consultation with the director of the department of social services, shall promulgate rules, guidelines and protocols for hospitals and physicians to use to help them to identify suspicious deaths of children under the age of eighteen years, who are eligible to receive a certificate of live birth.
2. The director of the department of health and senior services shall promulgate rules for the certification of child death pathologists and shall develop protocols for such pathologists. A certified child death pathologist shall be a board-certified forensic pathologist or a board-certified pathologist who through special training or experience is deemed qualified in the area of child fatalities by the department of health and senior services.
3. Except as provided in section 630.167, any hospital, physician, medical professional, mental health professional, or department of mental health facility shall disclose upon request all records, medical or social, of any child eligible to receive a certificate of live birth under the age of eighteen who has died to the coroner or medical examiner, children's division representative, or public health representative who is a member of the local child fatality review panel established pursuant to section 210.192 to investigate the child's death. Any legally recognized privileged communication, except that between attorney and client, shall not apply to situations involving the death of a child under the age of eighteen years, who is eligible to receive a certificate of live birth.
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(L. 1991 H.B. 185 § 4, A.L. 1993 S.B. 52, A.L. 1994 S.B. 595, A.L. 1995 S.B. 3, A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.203 - Complaints against child care facilities, open records to be kept by department.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.203. Complaints against child care facilities, open records to be kept by department. —
The department of elementary and secondary education shall maintain a record of substantiated, signed parental complaints against child care facilities licensed pursuant to this chapter, and shall make such complaints and findings available to the public upon request.
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(L. 1993 H.B. 376, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.215 - Access to child and care providers during normal hours — exception court orders restricting access.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1993
210.215. Access to child and care providers during normal hours — exception court orders restricting access. —
Any parent or guardian of a child shall have access to the child care facility in which his child is enrolled and which is licensed pursuant to the provisions of sections 210.201 to 210.245 and shall have access to the providers of care in such facilities during normal hours of operation or when a child of such parent or guardian is in the care of such facility or provider, unless such parent or guardian is subject to a court order restricting access to the child.
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(L. 1993 H.B. 376)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.231 - Department of elementary and secondary education may delegate powers.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.231. Department of elementary and secondary education may delegate powers. —
The department of elementary and secondary education may designate to act for it, with full authority of law, any instrumentality of any political subdivision of the state of Missouri deemed by the department of elementary and secondary education to be competent, to investigate and inspect licensees and applicants for a license. Local inspection of child care facilities may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.
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(L. 1955 p. 685 § 210.230, A.L. 1982 H.B. 1171, et al., A.L. 1993 H.B. 376, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.241 - Judicial review.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.241. Judicial review. —
Any person aggrieved by a final decision of the department of elementary and secondary education made in the administration of sections 210.201 to 210.245 shall be entitled to judicial review thereof as provided in chapter 536.
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(L. 1955 p. 685 § 210.240, A.L. 1993 H.B. 376, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.251 - State and federal funds to be made available to centers to upgrade standards — at-risk children program, limitation on requirements.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 3 histories
210.251. State and federal funds to be made available to centers to upgrade standards — at-risk children program, limitation on requirements. —
1. Financial incentives shall be provided by the department of elementary and secondary education through the child development block grant and other public moneys for child-care facilities wishing to upgrade their standard of care and which meet quality standards.
2. The department of health and senior services shall make federal funds available to licensed or inspected child-care centers pursuant to federal law as set forth in the Child and Adult Care Food Program, 42 U.S.C. Section 1766.
3. Notwithstanding any other provision of law to the contrary, in the administration of the program for at-risk children through the Child and Adult Care Food Program, 42 U.S.C. Section 1766, this state shall not have requirements that are stricter than federal regulations for participants in such program. Child care facilities shall not be required to be licensed child care providers to participate in such federal program so long as minimum health and safety standards are met and documented.
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(L. 1993 H.B. 376, A.L. 1999 H.B. 490 & H.B. 308, A.L. 2021 H.B. 432, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.254 - Religious organization operating facilities exempt under licensing laws required to file parental notice of responsibility and fire, safety inspections annually.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 5 histories
210.254. Religious organization operating facilities exempt under licensing laws required to file parental notice of responsibility and fire, safety inspections annually. —
1. Child-care facilities operated by religious organizations pursuant to the exempt status recognized in subdivision (17) of subsection 1 of section 210.211 shall upon enrollment of any child provide the parent or guardian enrolling the child two copies of a notice of parental responsibility, one copy of which shall be retained in the files of the facility after the enrolling parent acknowledges, by signature, having read and accepted the information contained therein.
2. The notice of parental responsibility shall include the following:
(1) Notification that the child-care facility is exempt as a religious organization from state licensing and therefore not inspected or supervised by the department of elementary and secondary education other than as provided herein and that the facility has been inspected by those designated in section 210.252 and is complying with the fire, health and sanitation requirements of sections 210.252 to 210.257;
(2) The names, addresses and telephone numbers of agencies and authorities which inspect the facility for fire, health and safety and the date of the most recent inspection by each;
(3) The staff/child ratios for enrolled children under two years of age, for children ages two to four and for those five years of age and older as required by the department of elementary and secondary education regulations in licensed facilities, the standard ratio of staff to number of children for each age level maintained in the exempt facility, and the total number of children to be enrolled by the facility;
(4) Notification that background checks have been conducted under the provisions of section 210.1080;
(5) The disciplinary philosophy and policies of the child-care facility; and
(6) The educational philosophy and policies of the child-care facility.
3. A copy of notice of parental responsibility, signed by the principal operating officer of the exempt child-care facility and the individual primarily responsible for the religious organization conducting the child-care facility and copies of the annual fire and safety inspections shall be filed annually during the month of August with the department of elementary and secondary education.
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(L. 1993 H.B. 376 § 2 subsecs. 1, 2, 3, A.L. 1999 H.B. 490 & H.B. 308, A.L. 2014 H.B. 1299 Revision, A.L. 2018 H.B. 1350, A.L. 2019 H.B. 397, A.L. 2020 H.B. 1414, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.255 - Religious organizations operating facility in violation, procedure — noncompliance after notice, prosecutor may act or attorney general.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.255. Religious organizations operating facility in violation, procedure — noncompliance after notice, prosecutor may act or attorney general. —
1. A parent or guardian of a child enrolled in a child care facility established, maintained or operated by a religious organization who has cause to believe that this section and section 210.254 are being violated may notify appropriate local law enforcement authorities.
2. If a child care facility maintained or operated under the exclusive control of a religious organization is suspected of violating any provision of sections 210.252 to 210.255, or if there is good cause to believe that the signatory made a materially false statement in the notice of parental responsibility required by sections 210.252 to 210.255, the department of elementary and secondary education shall give twenty days' written notice to the facility concerning the nature of its suspected noncompliance. If compliance is not forthcoming within the twenty days, the department shall thereafter notify the prosecuting attorney of the county wherein the facility is located concerning the suspected noncompliance. If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department, the department of elementary and secondary education may notify the attorney general concerning the suspected noncompliance and the attorney general may proceed under section 27.060.
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(L. 1993 H.B. 376 § 2 subsecs. 4, 5, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.256 - Violations, penalties — injunction, procedure.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.256. Violations, penalties — injunction, procedure. —
1. Any person who violates any provision of sections 210.252 to 210.255, or who for such person or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.
2. In addition to initiating proceedings pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child-care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child-care facility for violating any provision of section 210.252. The injunction shall remain in force until such time as the court determines that the child-care facility is in substantial compliance.
3. In cases of imminent bodily harm to children in the care of a child-care facility, the department of elementary and secondary education may apply to the circuit court of the county in which the child-care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.
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(L. 1993 H.B. 376 § 3, A.L. 1999 H.B. 490 & H.B. 308, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.257 - Rules, procedure to adopt.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1995
210.257. Rules, procedure to adopt. —
No rule or portion of a rule promulgated under the authority of section 210.252 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1993 H.B. 376 § 4, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.258 - Religious organizations operating facility, no interference permitted with curriculum, personnel or selection of children — discipline policies, explanation required for parent.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 3 histories
210.258. Religious organizations operating facility, no interference permitted with curriculum, personnel or selection of children — discipline policies, explanation required for parent. —
The provisions of this section and section 210.259 apply to a child care facility maintained or operated under the exclusive control of a religious organization. Nothing in sections 210.252 to 210.257 shall be construed to authorize the department of elementary and secondary education or any other governmental entity:
(1) To interfere with the program, curriculum, ministry, teaching or instruction offered in a child care facility;
(2) To interfere with the selection, certification, minimal formal educational degree requirements, supervision or terms of employment of a facility's personnel;
(3) To interfere with the selection of individuals sitting on any governing board of a child care facility;
(4) To interfere with the selection of children enrolled in a child care facility; or
(5) To prohibit the use of corporal punishment. However, the department of elementary and secondary education may require the child care facility to provide the parent or guardian enrolling a child in the facility a written explanation of the disciplinary philosophy and policies of the child care facility.
­­Nothing in subdivisions (2) and (3) of this section shall be interpreted to relieve a child care facility of its duties and obligations under section 210.1080, or to interfere with the department's duties and obligations under said section.
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(L. 1993 H.B. 376 § 6 subsec. 1, A.L. 2018 H.B. 1350, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.259 - Nonreligious organization's agreement for child-care facility on property of religious organization not deemed to be exclusive control by religious organization.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1993
210.259. Nonreligious organization's agreement for child-care facility on property of religious organization not deemed to be exclusive control by religious organization. —
When a nonreligious organization, having as its principal purpose the provision of child care services, enters into an arrangement with a religious organization for the maintenance or operation of a child care facility on the property of the religious organization, the facility is not under the exclusive control of the religious organization.
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(L. 1993 H.B. 376 § 6 subsec. 2)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.275 - Child care provided on elementary and secondary school property must comply with child-care licensure provisions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.275. Child care provided on elementary and secondary school property must comply with child-care licensure provisions. —
Any program licensed by the department of elementary and secondary education pursuant to this chapter providing child care to school-age children that is located and operated on elementary or secondary school property shall comply with the child-care licensure provisions in this chapter; except that, for safety, health and fire purposes, all buildings and premises for any such programs shall be deemed to be in compliance with the child-care licensure provisions in this chapter.
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(L. 2001 S.B. 236 § 1, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.278 - Exempt from licensure, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2022, 2 histories
210.278. Exempt from licensure, when. —
Neighborhood youth development programs shall be exempt from the child care licensing provisions under this chapter so long as the program meets the following requirements:
(1) The program is affiliated and in good standing with a national congressionally chartered organization's standards under Title 36, Public Law 105-225;
(2) The program provides activities designed for recreational, educational, and character building purposes for children five to eighteen years of age;
(3) The governing body of the program adopts standards for care that at a minimum include staff ratios, staff training, health and safety standards, and mechanisms for assessing and enforcing the program's compliance with the standards;
(4) The program does not collect compensation for its services except for one-time annual membership dues not to exceed fifty dollars per year or program service fees for special activities such as field trips or sports leagues, except for current exemptions as written in section 210.211;
(5) The program informs each parent that the operation of the program is not regulated by licensing requirements;
(6) The program provides a process to receive and resolve parental complaints; and
(7) The program conducts national criminal background checks for all employees and volunteers who work with children, as well as screening under the family care safety registry as provided in sections 210.900 to 210.936.
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(L. 2008 H.B. 1946, A.L. 2022 S.B. 683)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.481 - Definitions.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2014
210.481. Definitions. —
As used in sections 210.481 to 210.536, unless the context clearly requires otherwise, the following terms shall mean:
(1)
"Child"
, any individual under eighteen years of age or in the custody of the division;
(2)
"Child placing agency"
, any person, other than the parents, who places a child outside the home of the child's parents or guardian, or advertises or holds himself forth as performing such services, but excluding the attorney, physician, or clergyman of the parents;
(3)
"Division"
, the children's division of the department of social services of the state of Missouri;
(4)
"Foster home"
, a private residence of one or more family members providing twenty-four-hour care to one or more but less than seven children who are unattended by parent or guardian and who are unrelated to either foster parent by blood, marriage, or adoption;
(5)
"Guardian"
, the person designated by a court of competent jurisdiction as the
"guardian of the person of a minor"
or
"guardian of the person and conservator of the estate of a minor"
;
(6)
"License"
, the document issued by the division in accordance with the applicable provisions of sections 210.481 to 210.536 to a foster home, residential care facility, or child placing agency which authorizes the foster home, residential care facility, or child placing agency to operate its program in accordance with the applicable provisions of sections 210.481 to 210.536 and rules issued pursuant thereto;
(7)
"Person"
, any individual, firm, corporation, partnership, association, agency, or an incorporated or unincorporated organization, regardless of the name used;
(8)
"Provisional license"
, the document issued by the division in accordance with the applicable provisions of sections 210.481 to 210.536 to a foster home, residential care facility, or child placing agency which is not currently meeting requirements for full licensure;
(9)
"Related"
, any of the following by blood, marriage, or adoption: Parent, grandparent, brother, sister, half-brother, half-sister, stepparent, stepbrother, stepsister, uncle, aunt, or first cousin;
(10)
"Residential care facility"
, a facility providing twenty-four-hour care in a group setting to children who are unrelated to the person operating the facility and who are unattended by a parent or guardian.
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(L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 2014 H.B. 1299 Revision)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.484 - Residential care facilities license required.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1993
210.484. Residential care facilities license required. —
Notwithstanding any other provision of law to the contrary, the department of health and senior services shall license residential care facilities, as defined in subdivision (10) of section 210.481.
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(L. 1993 H.B. 376 § 5)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.485 - Civil liability, for-profit child-placing agency or residential care facility, when — state exemption.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1999
210.485. Civil liability, for-profit child-placing agency or residential care facility, when — state exemption. —
1. Any owner or operator of a for-profit child-placing agency or residential care facility licensed pursuant to sections 210.481 to 210.536, may be held civilly liable for any injury to another person or damage to property which occurs outside such facility and is caused by a child who is absent without authorization or approval from the facility but who is in the care of such facility. Such civil liability shall be determined in the same manner and amounts as provided for parents in section 211.185. Nothing in this section shall alter, impair or otherwise affect other claims, rights or remedies available pursuant to law.
2. The state of Missouri and any political subdivision thereof shall not be subject to civil liability pursuant to subsection 1 of this section.
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(L. 1999 H.B. 490 & H.B. 308)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.486 - License required, applicants to be investigated — provisional license, when — periods of validity.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1993
210.486. License required, applicants to be investigated — provisional license, when — periods of validity. —
1. No person shall operate or maintain a foster home, residential care facility, or child placing agency without having in full force and effect a valid license issued by the division or the department of health and senior services as provided in section 210.484.
2. The division or the department of health and senior services as provided in section 210.484 shall conduct an investigation of all applicants and such investigation shall include examination of the physical facility and investigation of persons responsible for the care of, planning, and services for the children being served.
3. The division or the department of health and senior services as provided in section 210.484 shall issue a license upon being satisfied that the applicant complies with the applicable provisions of sections 210.481 to 210.536 and rules issued pursuant thereto.
4. The division or the department of health and senior services as provided in section 210.484 shall initiate action on an application within a reasonable time, which shall not exceed thirty days, from receipt of the application.
5. The license shall be valid for a period not to exceed two years from date of issuance.
6. The division or the department of health and senior services as provided in section 210.484 may issue a provisional license to a foster home, residential care facility, or child placing agency that is not currently meeting requirements for full licensure but demonstrates the potential capacity to meet full requirements for licensure; but no provisional license shall be issued unless the director is satisfied that the operation of the foster home, residential care facility, or child placing agency so licensed is not detrimental to the health and safety of the children being served. The provisional license shall be nonrenewable and shall be valid for a period not to exceed six months from date of issuance.
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(L. 1982 H.B. 1171, et al., A.L. 1993 H.B. 376)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.491 - Investigation of certain facilities by the division, when — injunctive relief, when.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1997
210.491. Investigation of certain facilities by the division, when — injunctive relief, when. —
1. The director of the division, or the director's authorized representative, shall have the right to enter the premises of an applicant for or holder of a license at reasonable hours to determine compliance with the applicable provisions of sections 210.481 to 210.536 and rules promulgated pursuant thereto, and for investigative purposes involving complaints regarding the operation of a foster home, residential care facility, or child placing agency.
2. Whenever the division is advised or has reason to believe that any person is operating a foster home, residential care facility, or child placing agency subject to licensure under sections 210.481 to 210.536 without a license or provisional license, the division shall make an investigation to ascertain the facts. If the division finds that the foster home, residential care facility, or child placing agency is being operated without a license or provisional license, it may seek injunctive relief against the foster home, residential care facility, or child placing agency. If a foster home, residential care facility or child placing agency violates the provisions of sections 210.481 to 210.536, the prosecuting attorney of the county where the foster home, residential care facility or child placing agency is located, or the division, may seek injunctive relief. Such injunctive relief may include:
(1) Removing the children from the foster home, residential care facility, or child placing agency;
(2) Overseeing the operation of the foster home, residential care facility, or child placing agency; or
(3) Closing the foster home, residential care facility, or child placing agency.
3. The order provided for in subsection 2 of this section shall remain in force until such a time as the court determines that the foster home, residential care facility, or child placing agency is in substantial compliance.
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(L. 1982 H.B. 1171, et al., A.L. 1997 H.B. 343)
CROSS REFERENCE:
Application of law to adoption petitions filed on or after August 28, 1997, 453.012
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.496 - Refusal to issue, suspension or revocation of licenses — grounds.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2011
210.496. Refusal to issue, suspension or revocation of licenses — grounds. —
The division may refuse to issue either a license or a provisional license to an applicant, or may suspend or revoke the license or provisional license of a licensee, who:
(1) Fails consistently to comply with the applicable provisions of sections 208.400 to 208.535 and the applicable rules promulgated thereunder;
(2) Violates any of the provisions of its license;
(3) Violates state laws or rules relating to the protection of children;
(4) Furnishes or makes any misleading or false statements or reports to the division;
(5) Refuses to submit to the division any reports or refuses to make available to the division any records required by the division in making an investigation;
(6) Fails or refuses to admit authorized representatives of the division at any reasonable time for the purpose of investigation;
(7) Fails or refuses to submit to an investigation by the division;
(8) Fails to provide, maintain, equip, and keep in safe and sanitary condition the premises established or used for the care of children being served, as required by law, rule, or ordinance applicable to the location of the foster home or residential care facility; or
(9) Fails to provide financial resources adequate for the satisfactory care of and services to children being served and the upkeep of the premises.
­­Nothing in this section shall be construed to permit discrimination on the basis of disability or disease of an applicant. The disability or disease of an applicant shall not constitute a basis for a determination that the applicant is unfit or not suitable to be a foster parent without a specific showing that there is a causal relationship between the disability or disease and a substantial and significant risk of harm to a child or an inability to perform the duties of a foster parent.
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(L. 1982 H.B. 1171, et al., A.L. 2011 H.B. 555 merged with H.B. 604 merged with H.B. 648)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.501 - Application for licensure, form, contents.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1982
210.501. Application for licensure, form, contents. —
1. Application for license shall be made on forms supplied by the division and in the manner prescribed.
2. Each license shall state clearly the name of the foster home, residential care facility, or child placing agency, its location, the kind of program the licensee is permitted to undertake, and the number, age range, and other pertinent information concerning children who may be served.
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(L. 1982 H.B. 1171, et al.)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.506 - Rules, procedure — promulgation, persons to be consulted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1995
210.506. Rules, procedure — promulgation, persons to be consulted. —
1. The division shall promulgate and publish rules in accordance with this section and chapter 536 for the licensing of foster homes, residential care facilities, and child placing agencies. In promulgating such rules the division shall consult with:
(1) Appropriate state agencies which are hereby directed to cooperate with and assist the division;
(2) Representatives from the foster homes, residential care facilities, and child placing agencies subject to licensure under sections 210.481 to 210.536; and
(3) Persons from the various professional fields relevant to the licensing of the foster homes, residential care facilities, and child placing agencies.
2. The rules so promulgated shall be designed to promote the health, safety, and well-being of children served by the foster homes, residential care facilities, and child placing agencies. No rule or portion of a rule promulgated under the authority of sections 210.481 to 210.565 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
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(L. 1982 H.B. 1171, et al., A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.511 - Division to assist applicants in meeting license requirements and establishing certain programs, how.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1982
210.511. Division to assist applicants in meeting license requirements and establishing certain programs, how. —
The division shall offer technical assistance or consultation to assist applicants for licensure, licensees, and holders of provisional licenses in meeting license requirements, staff qualifications, and other aspects involving the operation of a foster home, residential care facility, or child placing agency, and to assist in the achievement of programs of excellence related to the care of children being served.
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(L. 1982 H.B. 1171, et al.)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.516 - Exceptions to license requirement — division may not require documentation.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2014
210.516. Exceptions to license requirement — division may not require documentation. —
1. It shall be unlawful for any person to establish, maintain, or operate a foster home, residential care facility, or child placing agency, or to advertise or hold himself out as being able to perform any of the services as defined in sections 210.481 to 210.536, without having in full force and effect a license issued by the division; provided, however, that nothing in sections 210.481 to 210.536 shall apply to:
(1) Any residential care facility operated by a person in which the care provided is in conjunction with an educational program for which a tuition is charged and completion of the program results in meeting requirements for a diploma recognized by the state department of elementary and secondary education;
(2) Any camp, hospital, sanitarium, or home which is conducted in good faith primarily to provide recreation, medical treatment, or nursing or convalescent care for children;
(3) Any person who receives free of charge, and not as a business, for periods of time not exceeding ninety consecutive days, the child of personal friends of such person as an occasional and personal guest, and who receives custody of no other unrelated child;
(4) Any child placing agency operated by the department of mental health or any foster home or residential care facility operated or licensed by the department of mental health under sections 630.705 to 630.760 which provides care, treatment, and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, intellectual disability or developmental disability, as defined in section 630.005;
(5) Any foster home arrangement established and operated by any well-known religious order or church and any residential care facility or child placement agency operated by such organization; or
(6) Any institution or agency maintained or operated by the state, city or county.
2. The division shall not require any foster home, residential care facility, or child placing agency which believes itself exempt from licensure as provided in subsection 1 of this section to submit any documentation in support of the claimed exemption; however said foster home, residential care facility, or child placing agency is not precluded from furnishing such documentation if it chooses to do so.
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(L. 1982 H.B. 1171, et al. §§ 210.516, 210.521, A.L. 2014 H.B. 1064)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.518 - Departments' duties, classification of services to children — interagency meetings for coordination of services.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2004
210.518. Departments' duties, classification of services to children — interagency meetings for coordination of services. —
1. The department of social services, the department of mental health, the department of elementary and secondary education and all subdivisions thereof shall develop and implement through interagency agreement a common system of classification for assessing the needs of a child and common terminology to describe the services to be provided to the child. The agreement must establish a standardized form and set of records to be kept for such children which shall include, if applicable to such child, any individualized education plan, diagnostic summary, school history, school records, medical history, court records, placement orders and any criminal history. The agreement shall be adopted and in effect on or before July 1, 1999.
2. To facilitate the coordination of services being provided to children, interagency meetings pursuant to subsection 1 of this section shall be held as frequently as appropriate to address and review any actions being taken by agency personnel involved in the provision of services to a child and to ensure the existence of a continuation of services to prevent and treat child abuse and neglect, evaluate data, policy, and practices, and assure the quality of services provided to children. The agencies shall document which staff members attended such meetings. If any services for the child are provided through contracted providers, such providers shall be included in the meetings described in this section.
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(L. 1998 H.B. 1683, A.L. 2004 H.B. 1453)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.521 - Assistance for division in licensure of foster homes.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1982
210.521. Assistance for division in licensure of foster homes. —
1. The division may designate to act for it a licensed child placing agency to inspect and recommend for licensure foster homes and prospective foster homes either utilized by or to be utilized by that child placing agency.
2. The division may designate to act for it an instrumentality of any political subdivision of the state of Missouri deemed by the division to be competent to assist in investigating and inspecting licensees and applicants for license.
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(L. 1982 H.B. 1171, et al. § 210.526)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.526 - Grievance procedure for decisions of division, requirements — judicial review authorized.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1982
210.526. Grievance procedure for decisions of division, requirements — judicial review authorized. —
1. Any person aggrieved by a final decision of the division made in the administration of sections 210.481 to 210.536 shall be entitled to judicial review as provided in chapter 536.
2. The division shall establish a grievance procedure which shall be available to licensees under sections 210.481 to 210.536 and shall inform all licensees of that procedure in writing.
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(L. 1982 H.B. 1171, et al. § 210.531)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.531 - Violations or false statements, penalty.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 1982
210.531. Violations or false statements, penalty. —
Any person who violates any applicable provision of sections 210.481 to 210.536, or who for himself or for any other person makes materially false statements in order to obtain a license or the renewal thereof shall be guilty of a class A misdemeanor. In case such guilty person be a corporation, association, institution, or society, the officers thereof who participate in the activity shall upon conviction be subject to the penalties provided by law.
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(L. 1982 H.B. 1171, et al. § 210.536 subsec. 1)
2023 Missouri Revised Statutes › Title XII - Public Health and Welfare › Chapter 210 - Child Protection and Reformation › Section 210.535 - Foster care and adoption assistance under federal Social Security Act, amendments to plan and waivers to be submitted.

Title XII PUBLIC HEALTH AND WELFARE
Chapter 210
• Effective - 28 Aug 2004
210.535. Foster care and adoption assistance under federal Social Security Act, amendments to plan and waivers to be submitted. —
The department of social services shall:
(1) Submit amendments to state plans and seek available waivers from the federal Department of Health and Human Services to enhance federal reimbursement and federal administrative reimbursement for foster care and adoption assistance under Title IV-E of the Social Security Act and Title XIX of the Social Security Act; and
(2) Take the necessary steps to qualify the state for receipt of any federal block grant moneys which are or will be available for foster care and adoption assistance.
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(L. 2004 H.B. 1453)