reglab/statecodes huggingface dataset:
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.080 - Buildings, Grounds and Equipment

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for the
				  physical plant, sanitation, safety and fire protection, space, and
				  equipment.
(1) Physical
				Plant-General Requirements.
(A) Plans for
				additional buildings, or alterations which affect the structural strength,
				safety, sanitary conditions, and floor space of existing buildings, shall meet
				the requirements of state and local ordinances. The plans for these buildings
				or alterations shall be submitted for review by the residential licensing unit,
				the State Fire Marshal and the Department of Health and Senior
				Services.
(B) If construction is
				not started within one (1) year of the approval of plans, the plans and
				specifications shall be resubmitted to the same agencies prior to beginning
				construction.
(C) An agency shall
				maintain its buildings, grounds, furniture, and equipment in a clean, safe, and
				sanitary condition and in a good state of repair.
(D) Each operating site shall be effectively
				safeguarded against insects and rodents.
(E) Each operating site housing children
				shall include areas and specialized recreational space, and shall properly
				equip, supply, and maintain these areas so as to promote relaxation and varied
				opportunities for recreation.
(F)
				Telephone service shall be available in each operating site.
(G) An agency operating a swimming pool shall
				maintain a file to provide documentation that the pool is operated and
				maintained in accordance with all applicable local ordinances, state
				guidelines, or both.
(H) Heaters,
				floor furnaces, radiators, hot water heaters, or other equipment which pose a
				threat to children shall be separated from areas used by children by
				partitions, screens, or other barriers, as approved by the State Fire
				Marshal.
(I) Smoking shall be
				prohibited in child care, food preparation, and food service areas.
(J) Porches, decks, stairwells, or other
				areas having a significant drop-off from which children might fall and be
				injured shall have an approved railing or approved barrier.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.090 - Record Keeping

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the records, documents
				  and reports, which an agency shall maintain and, upon request, submit to the
				  residential licensing unit.
(1) The agency shall maintain a register of
				all children currently receiving care, including information concerning the
				child's name, sex, birthdate and person or agency legally responsible for each
				child.
(2) Individual case records
				for all children accepted for care shall be maintained for at least five (5)
				years after a child is discharged from care and shall include:
(A) The child's full name, date of birth,
				complete social history including reason and date of placement and medical
				history;
(B) Reports of any
				pre-placement visits and conferences;
(C) The admission assessment, including
				information concerning the religious, educational, economic and cultural
				background of the family; information about the child's development, health
				history, personality, school placement and adjustment; previous placements;
				attitudes toward separations; family relationships;
(D) Documents pertinent to current legal
				custody and guardianship status;
(E) Written agreements with parent(s),
				guardian, or legal custodian;
(F)
				School reports for each semester, including the child's grades, progress, and
				adjustment;
(G) The initial
				treatment plan and subsequent treatment plan reviews;
(H) Chronological case recording and progress
				summary completed at least monthly which identifies the child's progress and
				services provided to the family;
(I) Plans for discharge, aftercare, and
				supervision;
(J) Reports from
				recreational and other adjunctive staff involved with the child and family. All
				recreational activity shall be documented separately in each child's
				record;
(K) Copies of critical
				incident reports, which shall include, but not be limited to, injury of a child
				during physical restraint; serious physical or sexual aggression by or toward
				the child; significant physical injuries requiring medical attention;
				allegations of sexual abuse; criminal conduct involving the child; elopement;
				attempted suicide; fire setting; child death; and information which must be
				reported to the child abuse and neglect hotline pursuant to section
				210.115,
				RSMo; and
(L) Admission and
				periodic health, vision, and dental examination information, physician's
				written instructions with regard to special dietary or health care, and record
				of all medications and treatments.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.095 - Exceptions for Transitional Living Services Programs

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to set forth
				  exceptions to the rules for residential treatment agencies with respect to
				  transitional living services provided to the division through written
				  agreement. Youth who receive such services require more independent types of
				  living arrangements than those otherwise provided by residential treatment
				  agencies in order to make the transition from alternative care to
				  self-sufficiency.
(1) This
				regulation only applies to agencies providing transitional living services to
				the division pursuant to a written transitional living services
				contract.
(2) Staffing Ratios.
				Notwithstanding any other provisions in this chapter, agencies shall not be
				required to have two (2) onsite staff available at all times in the provision
				of transitional living services, provided that such agencies adhere to the
				staff ratios set forth in this chapter. In the event there is only one (1)
				on-site staff member, however, one (1) additional staff member must be on call
				who can promptly respond to emergencies.
(3) Treatment Plan. Notwithstanding any other
				provisions in this chapter, agencies shall have thirty (30) days to develop and
				document a written treatment plan for each child admitted to their transitional
				living program.
(4) Recreational
				and Activity Programs/Leisure Time. Agencies shall be exempt from the
				requirements set forth in
				13 CSR
				35-71.070(2)(I) but shall facilitate
				any recreational activities prescribed in a youth's individual treatment
				plan.
(5) Allowances and Earnings
				Records. Notwithstanding any other provisions in this chapter, agencies shall
				not be required to provide an allowance to youth receiving transitional living
				services or to maintain a record of such youths' earnings or
				disbursements.
(6) Hazardous
				Materials. Notwithstanding any other provisions in this chapter, hazardous
				materials that are needed to implement a youth's treatment plan are not
				required to be locked up and kept inaccessible to the youth. Examples of such
				hazardous materials include but are not limited to personal care items, laundry
				soap, other cleaning products, and over-the-counter medications. The lawful,
				authorized use of such materials by a child in a transitional living services
				program shall not require the agency's approval if permitted by the child's
				treatment plan.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.100 - Specific Rules for Basic Care Agencies Providing Care for Infant, Toddler, or Preschool Age Children (Birth Through Age Six (6))

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  personnel, indoor and outdoor space, and equipment.
(1) Physical Requirements.
(A) General Requirements.
1. Stairways shall be well-lighted and free
				of obstructions. Stairways having more than three (3) steps shall have a
				handrail the children can reach.
2.
				Porches, decks, stairwells, or other areas having a significant drop-off from
				which children might fall and be injured shall have an approved railing or
				approved barrier. The railing or barrier shall be constructed to prevent the
				child from crawling or falling through or becoming entrapped.
3. Approved safety gates at stairways and
				doors shall be provided and used as needed.
4. Protective outlet covers or twist-lock
				outlets shall be used in areas accessible to the children.
5. Heaters, floor furnaces, radiators, hot
				water heaters, or other equipment which pose a threat to children shall be
				separated from areas used by children by partitions, screens, or other approved
				barriers.
6. Smoking shall be
				prohibited in child care, food preparation, and food service areas.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.110 - Child Care Program

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth requirements for
				  discipline, infant and toddler care, training and daily
				  program.
(1) General
				Requirements.
(A) Staff shall provide
				frequent, direct contact, and supervision so children are not left unobserved
				on the premises.
(B) Children under
				three (3) shall be supervised and assisted while in the bathroom.
(C) Supervision shall be maintained while
				children are napping or sleeping and staff shall be able to see and hear the
				children if they have difficulty during napping or when they awaken.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.120 - Specific Rules for Residential Treatment Agencies for Children and Youth Providing Maternity Care

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  agencies providing maternity care, including health care plan, program, and
				  relinquishment of the infant.
(1) In addition to the rules for basic core
				agencies, an agency desiring to provide maternity care shall meet these
				additional general requirements-
(A) A
				maternity residence upon request shall provide a written description of its
				program to the residents, parent(s), guardian, or legal custodian and to the
				division;
(B) Written financial
				policies and expectations shall be made available upon request to the division
				and to the parent(s), guardian, or legal custodian upon admission into the
				maternity residence;
(C) A training
				plan shall be developed to ensure that staff working with pregnant and
				parenting adolescents develop skills and knowledge regarding infant and
				adolescent care;
(D) Maternity
				residences shall be separate from other treatment programs; and
(E) At least two (2) direct-care pursuant to
				13 CSR
				35-71.050(4)(A) 1.-5. and (B) trained
				pursuant to
				13 CSR
				35-71.045(5)(A)-(Q) and
				13 CSR
				35-71.045(6)(A) 1. and
				13 CSR
				35-71.045(2)(B) 1.-9., (C), and
				(D)1.-12. staff shall be on site at all times.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.130 - Specialized Standards-Residential Treatment for Children and Youth

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  specialized residential treatment, including program director, assessment
				  staff, professional staff, staff/child ratios, training, treatment plan review,
				  and locked isolation.
(1) In
				addition to rules for basic residential treatment for children and youth, an
				agency seeking to become licensed to provide residential treatment for children
				and youth, shall meet these additional requirements:
(A) Program Director. The program director
				must be a full-time staff dedicated solely to the overall treatment program
				with at least the following minimum qualifications:
1. A master's degree in social work or human
				service field from an accredited college or university or licensed as a
				certified social worker; and
2. Two
				(2) years' experience providing treatment services. One (1) year of this
				experience must have been in a residential treatment setting;
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.140 - Specialized Standards For Intensive Residential Treatment for Children and Youth

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the standards for
				  intensive residential treatment, including personnel requirements, staff/child
				  ratios, training, treatment plan review, recreation, and safety
				  procedures.
(1) In addition
				to the licensing rules for basic residential treatment for children and youth,
				an agency seeking to provide intensive residential treatment for children and
				youth shall meet these additional requirements-
(A) Personnel.
1. Program director. The person responsible
				for the overall treatment program shall be full-time staff with at least the
				following minimum qualifications:
A. A
				master's degree in social work or human service field from an accredited
				college or university or licensed as a clinical social worker; and
B. Two (2) years' experience providing
				treatment services. One (1) year of this experience must have been in a
				residential treatment setting.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 71 - Rules for Residential Treatment Agencies for Children and Youth › Section 13 CSR 35-71.300 - Notification Requirements for License-Exempt Residential Care Facilities

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule implements the notification
				  requirements for License-Exempt Residential Care Facilities in Missouri as
				  required by sections
				  210.1250 through
				  210.1286,
				  RSMo, as enacted into law in HB 557 (2021).
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Definitions. For the purpose of this
				regulation, unless otherwise specified in this section or unless the context
				clearly requires otherwise, the definitions of terms specified in sections
				210.110,
				210.481,
				210.1253, RSMo, and
				13 CSR
				35-71.010 and
				13 CSR
				35-71.015 shall apply to this regulation. The singular
				includes the plural and plural includes the singular. In addition, the
				following terms are defined as follows:
(A)
				"Residential Care Facility Notification Act" or "RCFNA" refers to sections
				210.1250-210.1286, RSMo.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.010 - Scope and Definitions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The proposed amendment to this rule
				  establishes the general principles governing the implementation and
				  interpretation of the regulations in this Chapter 73. The amendment to this
				  rule also updates the definitions of words and phrases utilized in Chapter 73
				  and updates the title.
(1)
				The following principles shall apply to all decisions made pursuant to this
				chapter:
(A) The safety and welfare of
				children is paramount;
(B) All
				providers of direct services to children and their families will be evaluated
				in a uniform, transparent, objective, and consistent basis;
(C) Services to children and their families
				shall be provided in a timely manner to maximize the opportunity for successful
				outcomes, and such services shall be tracked and routinely evaluated through a
				quality assurance program;
(D) Any
				provider of direct services to children and families shall have the appropriate
				and relevant training, education, and expertise to provide the highest quality
				of services possible which shall be consistent with federal and state
				standards;
(E) Resources and
				efforts of the division and child placing agencies shall be committed to pursue
				the best possible opportunity for a successful outcome for each child. In the
				case of children and youth who are in the foster care system, successful
				outcomes may include preparing youth for a productive and successful life as an
				adult outside the foster care system, such as independent living. For those
				providers that work with children requiring intensive twenty-four- (24-) hour
				treatment services, successful outcomes shall be based on the least restrictive
				alternative possible based on the child's needs as well as the quality of care
				received; and
(F) All licensed
				service providers shall prioritize methods of reducing or eliminating a child's
				need for residential treatment through community-based services and
				supports.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.012 - Basis for Licensure and Licensing Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of the proposed amendment to
				  this rule is to update the procedures for applying for a license to operate a
				  Child Placing Agency in Missouri, and to ensure that the regulations are in
				  compliance with the new requirements of HB 557 (2021).
(1) Licensing Authority.
(A) Section
				210.486,
				RSMo states it is unlawful for any person to operate a child placing agency
				without having a written license issued by the division, except for those
				persons specifically exempted by section
				210.516,
				RSMo.
(B) Any person who desires to
				develop, establish, maintain or operate, a child placing agency, except for
				those persons exempt from licensing pursuant to section
				210.516,
				RSMo, must file an Application for Licensure form with the division and must
				receive a license prior to accepting any clients for services.
(C) Before a license may be granted, an
				agency must be in compliance with sections 210.481-210.536, RSMo and applicable
				rules promulgated and issued by the division.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.017 - Hearings and Judicial Review

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this proposed amendment is to
				  ensure that the rule is updated to reflect the needs of current practice and to
				  ensure that the rules are consistent with the requirements of HB 557
				  (2021).
(1) License Denial,
				or Revocation.
(A) The division may refuse to
				issue a license to an applicant, or may deny or revoke the license of a
				licensee, who-
1. Fails consistently to comply
				with the applicable provisions of sections 210.481-210.536 and Chapter 453,
				RSMo, if licensed as an adoption agency, and the applicable corresponding
				rules;
2. Violates any of the
				provisions of its license;
3.
				Violates state laws or rules relating to the protection of children;
4. Abuses or neglects children, or permits
				the abuse or neglect of children, or is the subject of multiple or serious
				reports of child abuse or neglect which upon investigation results in a finding
				of probable cause to suspect child abuse or neglect and fails to take
				corrective action acceptable to the division to ensure the safety of
				children;
5. Employs persons,
				utilizes volunteers, or utilizes contractors who the division has found
				ineligible for employment or presence at the Child Placing Agency pursuant to
				section
				210.493,
				RSMo, and 13 CSR 35-71.015, or who abuse
				or neglect children, or are the subjects of multiple reports of child abuse or
				neglect which upon investigation results in a finding of preponderance of the
				evidence that the individual is responsible for child abuse or neglect and the
				agency fails to take corrective action acceptable to the division to ensure the
				safety of children;
6. Furnishes or
				makes any misleading or false statements or reports to the division;
7. Refuses to submit any reports or to make
				available to the division any records required in making an
				investigation;
8. Fails or refuses
				to submit to an investigation by an authorized and identified representative of
				the division at any reasonable time;
9. Fails to provide, maintain, equip, and
				keep in safe and sanitary condition the premises established or used for the
				care of children as required by law, rule, or ordinance applicable to the
				location of a facility; or
10.
				Fails to provide adequate financial resources for the satisfactory care of
				children being served.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.040 - Operational Requirements

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) Office Space
				and Equipment.
(A) An agency shall provide a
				bona fide office physically located within the state of Missouri which is
				accessible to the public and appropriate for the administrative program and
				supportive services;
(B) An agency
				shall maintain sufficient space to provide for the confidentiality of client
				interviews;
(C) An agency shall
				have adequate staff for that office;
(D) An agency shall provide and maintain
				sufficient equipment and supplies to assure delivery of services;
(E) An agency shall have Missouri telephone
				service or a toll-free number and be listed in the local directory;
(F) An agency shall ensure that the office is
				a safe, well-maintained environment for both clients and employees;
				and
(G) An agency shall maintain
				adequate space to store all records of Missouri clients served in
				Missouri.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.050 - Protection and Care of the Child

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) An agency
				shall make an oral report within twenty-four (24) hours to the division
				followed by a written report within five (5) working days after the occurrence
				of an unusual incident, such as the death or serious injury of a child, alleged
				child abuse or neglect, or both, a fire which required the services of the fire
				department, or any time the agency has been served with any adverse legal
				action.
(A) Protecting the Child in
				Care-Child Abuse or Neglect (CA/N).
1. An
				agency shall have written procedures for any alleged incident of child abuse or
				neglect, or both, which shall include:
A.
				Reporting the alleged incident as required by the CA/N reporting law, sections
				210.110-210.165, RSMo;
B.
				Conducting an internal investigation of the alleged incident; and
C. Providing a written report of the agency's
				internal investigation to the division licensing unit.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.060 - Recommendation for Foster Home Licensing

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) Initial
				Procedure.
(A) Prior to being licensed to
				recommend foster homes for licensure an agency shall-
1. Comply with rules as set forth by the
				division and demonstrate intent to comply with those rules where compliance can
				only be demonstrated after the agency has initiated operations;
2. Have a written statement of requirements
				for foster parents(s). These requirements shall be in compliance with foster
				home rules, 13 CSR 35-60.010 through
				13 CSR
				35-60.060 as set forth by the division; and
3. Have written procedures for processing
				foster home inquiries and applications.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.070 - Placement of Children in Foster Family Homes

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) Initial
				Procedure.
(A) Prior to being licensed to
				receive children for placement in foster care, an agency shall-
1. Comply with rules 13 CSR 35-73.010 to 13
				CSR 35-73.030 as set forth by the division or demonstrate intent to comply with
				those rules where compliance can only be demonstrated after the agency has
				initiated operations; and
2. Have a
				current written program statement which includes the types of foster care
				provided, the types of services provided to the children, their families, and
				their foster families, and which shall be available to agency foster parent(s),
				parent(s), and referring agencies.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.075 - Foster Care Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) Placement
				Records.
(A) Within five (5) working days
				after the initial placement, the following shall be documented in the child's
				record:
1. The circumstances leading to the
				need for foster care; and
2.
				Previous out-of-home placements.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 73 - Child Placing Agencies › Section 13 CSR 35-73.080 - Adoption Services

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment changes the division, chapter
				  location and number, and updates references to other
				  regulations.
(1) General
				Program Requirements.
(A) A child placing
				agency shall maintain and make available to its clients information on
				resources in the community which may be of use to foster or adoptive parents,
				birth parents, children and adult adoptees.
(B) A child placing agency shall ensure
				access to its services by eligible persons with disabilities.
(C) A child placing agency shall maintain and
				keep on file a grievance procedure for clients.
(D) A child placing agency or adoption
				intermediary shall be in compliance with all applicable laws including
				Interstate Compact on the Placement of Children (ICPC), Interstate Compact on
				Adoption and Medical Assistance (ICAMA), and Indian Child Welfare Act
				(ICWA).
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 80 - Payment of Residential Facilities › Section 13 CSR 35-80.010 - Residential Foster Care Maintenance Methodology

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes a methodology for
				  determination of the costs associated with the provision of foster care
				  maintenance based on the statutory criteria contained in
				  42 U.S.C.
				  672 /675(4)(A) and related rates for
				  residential care agencies.
(1) Objectives. This rule establishes a
				methodology for determination of the costs associated with the provision of
				foster care maintenance based on the statutory criteria contained in
				42 U.S.C.
				672 /675(4)(A) and related rates for
				residential care agencies.
(2)
				General Principles.
(A) Four (4)
				child-specific foster care maintenance rates shall be determined in accordance
				with section (3) Residential Foster Care Maintenance Rate
				Methodology.
(B) Residential child
				caring agencies will be required to complete a cost report detailing their most
				recent fiscal year's operating costs. Providers must also submit audited
				financial statements with their report for verification purposes.
(C) Foster care maintenance costs shall be
				obtained from residential care providers using the standard cost report
				completed in accordance with applicable instructions.
1. In order to be considered "Foster Care
				Maintenance," agency costs shall first meet the general definition as ascribed
				within federal regulation, accompanying clarification or audit finding and be
				allowable as defined within OMB Circular A-122, OMB Circular A-87, and the
Child Welfare Policy Manual
.
2. Reported agency costs shall be reasonable
				in nature as defined with OMB Circular A-122 and OMB Circular A-87.
3. Cost must be appropriately allocated to
				all benefiting programs or services offered by an agency.
4. The calculation of the foster care
				maintenance rate must consider any applicable credits or payments received
				either directly from federal or state funding sources or indirectly via
				contracted services or reimbursement.
(D) Statewide foster care maintenance costs
				shall be rebased every three (3) years.
(E) The Department of Social Services (DSS)
				will submit budget items for the General Assembly's consideration to revise
				rates in accordance with the results of the rate setting methodology. Rates
				will be adjusted in accordance with the Truly Agreed and Finally Passed
				appropriation by the General Assembly subject to veto by the
				Governor.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 1 - Organization › Section 13 CSR 40-1.010 - Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the descriptions for
				  the functions and general organization of the Family Support Division to
				  reflect current Department of Social Services' structure and
				  operations.
PURPOSE: In accordance with requirements in section
				  536.023,
				  RSMo, this rule describes the functions and general organization of the Family
				  Support Division of the Department of Social Services.
(1) General Function. The Family Support
				Division, hereinafter referred to as the division, was established by Executive
				Order 03-02 to administer the income maintenance (IM) programs, the child
				support (CS) program, and rehabilitation services for the blind (RSB) programs
				for the state, as established by federal and state laws. The legal basis for
				establishing the division is provided in sections
				207.010
				and
				454.400,
				RSMo.
(2) Central Office. The
				division's central office is located at 615 Howerton Court, PO Box 2320,
				Jefferson City, MO 65102-2320; telephone: (573) 751-3221; TDD telephone:
				1-800-735-2966; online:
www.dss.mo.gov/fsd
. The division
				director is located at the central office and is responsible for the division's
				overall organization, management, policy formulation, and delivery of services,
				as set forth in federal and state laws and regulations.
(3) IM Programs. The location of each IM
				office, descriptions of IM services, and access to on-line services is provided
				for the public at
www.dss.mo.gov
and
www.dss.mo.gov/fsd
. IM services
				include:
(A) Programs for food security-
1. Supplemental Nutrition Assistance Program
				(SNAP), known in Missouri as the Food Stamp Program; and
2. Food Distribution programs;
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.010 - General Application Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates changes in procedures
				  and policies and removes forms from this rule.
(1) Any person shall have the right to file
				an application included herein for any type of assistance or service
				administered by the Family Support Division. The Family Support Division shall
				inform the applicant of the types of assistance and services which are
				available, the requirements of eligibility, and additional information
				necessary, if any, to determine eligibility.
(2) Applications must be approved or denied
				in accordance with the timeframes established by federal and state law except
				when-
(A) The application is incomplete or is
				missing information that is necessary to complete an eligibility determination;
				or
(B) The division cannot reach a
				decision because the applicant or an examining physician delays or fails to
				provide the information necessary to make an eligibility
				determination.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.020 - General Reinvestigation Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the names of the
				  division and statutory rule-making authority as well as deleting a reference to
				  a program that no longer exists and replaces the name with the replacement
				  program. It also adds a reference to requirements regarding annual reviews of
				  federally-funded Medicaid programs. It also allows for information obtained
				  from Food Stamp recertifications to be used for reinvestigations, gives
				  participants at least ten (10) days to comply with a request as part of a
				  reinvestigation, and affords hearing rights to participants.
PURPOSE: This rule provides general guidelines for
				  conducting annual reviews (reinvestigations) of a participant's eligibility for
				  programs administered by the Family Support Division.
(1) The Family Support Division shall
				reinvestigate all Temporary Assistance, Supplemental Aid to the Blind, Blind
				Pension, Supplemental Payments, MO HealthNet, and Supplemental Nursing Care
				cases at least once every twelve (12) months.
(A) The division shall conduct
				reinvestigations for MO HealthNet, Supplemental Aid to the Blind, Supplemental
				Payments, and Supplemental Nursing Care in compliance with section
				208.990,
				RSMo and any other federal requirements relevant to these programs that are not
				referenced by that statute.
(B)
				Reinvestigations for Blind Pension and Temporary Assistance shall be
				supplemented by more frequent reinvestigations whenever deemed
				advisable.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.040 - Definition of Abandonment of Residence

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates changes in the
				  division name.
(1) When it is
				known that a recipient of public assistance or Blind Pension has left the
				state, the Family Support Division shall determine the reason for the absence
				and, if it is established that the recipient has abandoned his/her Missouri
				residence, assistance will be discontinued.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.060 - Definitions Relating to AFDC

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule defines certain requirements in
				  determining eligibility for Aid to Families with Dependent
				  Children.
(1) Continued
				absence from the home is defined as absence resulting from any one (1) of the
				following reasons: divorce; desertion; separation; confinement in a penal,
				medical or custodial institution; physical restoration; or training program
				developed by vocational rehabilitation if the plan necessitates absence from
				the home of the parent.
(2) Home is
				interpreted to mean a family setting maintained or in the process of being
				established as evidenced by the assumption or continuance of responsibility for
				the child. Usually the child shares the family household with the parent or
				relative. A home exists as long as the parent or relative takes responsibility
				for the care and control of the child, even though circumstances may require
				temporary absence of either the child or the parent (or relative) from the
				customary family setting.
(Original rule filed Feb. 20, 1947, effective
				March 2, 1947.)
(3) The
				statement physical or mental defect, illness or disability exists which
				prevents the parent from performing any substantially gainful activity means
				that the incapacity is expected to last at least thirty (30) days and is of a
				debilitating nature as to substantially reduce or eliminate the parent's
				ability to support or to care for the child considering the limited employment
				opportunities of handicapped individuals. This will be met under the following
				circumstances:
(A) Incapacitated parent
				working for an employer-the family is eligible if it can be determined that,
				because of his/her incapacity, the parent is working substantially less time on
				the job than an able-bodied person would spend or that s/he is working for a
				substantially lower wage rate than the usual wage paid for the type of work
				being done;
(B) Incapacitated
				parent who is selfemployed-the family is eligible if it can be determined that,
				because of his/her c, s/he cannot perform the major activities which his/her
				job requires;
(C) Incapacitated
				parent who is unemployed-the family is eligible if it can be determined that,
				because of his/her incapacity, s/he is prevented from engaging in fulltime
				employment on a regular basis at the normal wage rate for that employment;
				and
(D) The parent is receiving Old
				Age Supplemental Disability Income or Supplemental Security Income benefits on
				the basis of disability or blindness.
(Original rule filed Oct. 24,
				1949, effective Nov. 3, 1949. Amended: Feb. 6, 1975, effective Feb. 16,
				1975.)
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.070

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.080 - Definitions Relating to Institutions

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment adds an incorporation by
				  reference of the Code of Federal Regulations, pursuant to section
				  536.031,
				  RSMo. Specifically, the amendment incorporates a Medicaid rule-
				  42 CFR
				  435.1010 -that defines the terms "public
				  institution," "inmate or resident of a public institution," "patient," and
				  "medical institution."
PUBLISHER'S NOTE: The secretary of state has
				  determined that the publication of the entire text of the material which is
				  incorporated by reference as a portion of this rule would be unduly cumbersome
				  or expensive. This material as incorporated by reference in this rule shall be
				  maintained by the agency at its headquarters and shall be made available to the
				  public for inspection and copying at no more than the actual cost of
				  reproduction. This note applies only to the reference material. The entire text
				  of the rule is printed here.
(1) Definitions-
(A) "Public institution" shall be defined
				according to the definition in
				42 CFR section
				435.1010;
(B) "Inmate or resident of a public
				institution" shall be defined according to the definition of "inmate of a
				public institution" in
				42 CFR section
				435.1010.
1. This definition includes, but is not
				limited to, an inmate serving time for a criminal offense, or who is being
				confined in a local, state, or federal prison, jail, detention facility, or
				other penal facility, regardless of adjudication status;
(C) "Patient" shall be defined according to
				the definition in
				42 CFR section
				435.1010;
(D) "Medical institution" shall be defined
				according to the definition in
				42 CFR section
				435.1010;
(E) "Maintained" shall mean, for purposes of
				this regulation, a blind person who is "maintained" in a private institution
				that provides food and shelter to four (4) or more persons unrelated to the
				proprietor; and
(F) "Private
				institution" shall mean an "institution," as defined in
				42 CFR section
				435.1010, that does not meet the definition
				of a public institution.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.090

Current through Register Vol. 49, No. 14, July 15, 2024
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.100 - Definitions Relating to PTD

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment removes a case reference in
				  the statutory rulemaking authority section of this rule.
(1) Permanent and Total Disability (PTD)
				means that the individual has some physical or mental impairment, disease or
				loss from which recovery or substantial improvement cannot be expected and
				which substantially precludes him/her from engaging in any occupation within
				his/her competence, such as holding a job or homemaking.
*Original authority: 207.020, RSMo 1945, amended 1961,
					 1965, 1977, 1981, 1982, 1986.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.110 - Persons Whose Expenses and Income Are Included in Determining Cash Payments

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule outlines those persons whose
				  income and expenses must be included in determining the amount of the cash
				  payment.
(1) The requirements
				of the following persons who are members of the household shall be included in
				the Aid to Families with Dependent Children (AFDC) grant: eligible children
				under the age of eighteen (18) or age eighteen (18) and in secondary school or
				the equivalent vocational or technical school if expected to graduate before or
				in the month the child turns nineteen (19), natural or adoptive parents of one
				(1) or more of the eligible children and any needy nonparent caretaker relative
				or related or unrelated guardian. The nonparent caretaker relative or the
				guardian, if found to be eligible for inclusion, has the option to be excluded
				from the assistance group.
(Original rule filed April 12, 1948,
				effective April 22, 1948. Amended: Oct. 20, 1967, effective Oct. 30, 1967.
				Amended: Oct. 17, 1969, effective Oct. 27, 1969. Amended: Feb. 6, 1975,
				effective Feb. 16, 1975.)
(A) When a
				person in an AFDC household meets eligibility requirements for AFDC and
				Supplemental Aid to the Blind (SAB) or Blind Pension (BP), the person must
				receive AFDC and will be ineligible for SAB or B P.
1. No special Aid to the Blind (AB) or BP
				expenses nor AB or BP income exemptions will be allowed in determining
				eligibility for AFDC.
2. If the
				AFDC household is determined to be ineligible, that person may apply as a
				single SAB or BP applicant and, if eligible, that person may receive SAB or BP
				only.
Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 2 - Income Maintenance › Section 13 CSR 40-2.130 - Maximum Cash Payment Amounts

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule states the maximum payment amounts
				  and exceptions to these amounts for the various assistance
				  programs.
(1) When the
				appropriation for General Relief (GR) assistance payments is not sufficient to
				make full payments on the basis of maximum legal allowance, all GR payments
				(except for the types listed in this rule) will be subject to a percentage of
				reduction. An exception will be made for each GR person whose budget includes
				an allowance for intermediate or residential II nursing home care. This type of
				case will be known as a Full Grant Case. No reduction will be applied to the GR
				payment made to that person.
(Original rule filed May 13, 1948,
				effective May 23, 1948. Amended Sept. 1, 1972, effective Sept. 10,
				1972.)
(2) Maximum
				Supplemental Aid to the Blind (SAB) Payments.
(A) For those persons who apply for Aid to
				the Blind (AB) on or after January 1, 1974, the maximum amount of payment they
				may receive is authorized in 209.040, RSMo; provided, however, that if the
				person is a resident of a residential care facility or an intermediate care or
				skilled nursing facility (ICF/SNF) and not eligible for Medicaid nursing care
				benefits; the maximum payment will be as authorized in section (7) of this
				rule.
(B) Persons who are eligible
				for vendor payments in their behalf for skilled nursing home care or ICF care
				will not be eligible for SAB payments.
(C) The amount of the SAB payment will be
				determined by subtracting the amount of any Supplemental Security Income (SSI)
				benefit from the amount of the maximum SAB payment, as described here. The
				amount of the SAB payment will be the remainder, rounded to the nearest dollar,
				except that if the remainder is one cent through forty-nine cents
				(1[CENT]-49[CENT]), the claimant will be eligible for an AB supplemental
				payment of one dollar ($1).
(Original rule filed Nov. 29, 1973,
				effective Dec. 9, 1973. Amended Sept. 26, 1975, effective Oct. 6,
				1975.)