Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 61 - Licensing Rules for Family Child Care Homes › Section 19 CSR 30-61.105 - The Child Care Provider and Other Child Care Personnel

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment updates the term "day care"
				  to "child care" in the chapter and rule names and throughout the rule. This
				  amendment also adds a requirement that providers and assistants report
				  suspected child abuse or neglect to DSS Children's Division; updates general
				  requirements for assistants and background screening requirements for child
				  care staff members; and adds details regarding staff/child
				  ratios.
(1) General
				Requirements.
(A) The provider routinely
				shall be present during the hours of highest attendance a minimum of forty (40)
				hours per week.
(B) The provider
				shall name an assistant caregiver who shall be available to substitute during
				his/her absence or to meet staff/child ratios.
(C) Caregivers shall be eighteen (18) years
				of age or older, have knowledge of the needs of children, and be sensitive to
				the capabilities, interests, and problems of children in care.
(D) Caregivers shall be of good character and
				intent and shall be qualified to provide care conducive to the welfare of
				children.
(E) Caregivers shall be
				capable of handling emergencies promptly and intelligently.
(F) All caregivers shall cooperate with the
				department.
(G) The provider shall
				not be engaged in any other employment while on duty at the family child care
				home.
(H) The provider shall have
				available a copy of the Licensing Rules for Family Child Care Homes in
				Missouri. Providers and assistants shall review and be knowledgeable of the
				rules at the time they begin work, and shall be able to understand and apply
				the rules which relate to their respective responsibilities.
(I) All child care providers and assistants
				shall acquaint themselves with the child abuse and neglect law and shall make a
				report of any suspected child abuse or neglect to the Children's Division at
				the toll-free number 1-800-392-3738 or online at
https://apps.dss.mo.gov/OnlineCanReporting/default.aspx
.
(J) The child care provider shall ensure that
				within seven (7) days of employment or volunteering and before being left alone
				with children that caregivers receive a facility orientation. The child care
				provider shall ensure that documentation verifying completion of the facility
				orientation is maintained and on file for review by the department for each
				caregiver. The facility orientation shall include:
1. A tour of the facility, indoors and
				outdoors; and
2. A review of the
				following:
A. Licensing rules;
B. The facility's license and its
				limitations, if any;
C. The
				facility's written child care practices, including procedures for medication
				administration, child illness, discipline, and guidance policies;
D. The daily schedule;
E. The assigned duties and responsibilities
				of staff;
F. The names and ages of
				the children for whom the staff member will be responsible, including any
				special health, nutritional or developmental needs;
G. The location of children's
				records;
H. The facility's safe
				sleep policy, if applicable;
I. The
				facility's disaster emergency plan and the location of emergency information;
				and
J. The mandated responsibility
				to report any suspected child abuse or neglect to the Children's Division at
				the toll-free number 1-800-392-3738 or online at
https://apps.dss.mo.gov/OnlineCanReporting/default.aspx
.
(K) The provider,
				assistant(s), volunteers, or others in the home shall not be under the
				influence of alcohol or illegal drugs while child care is being provided or in
				any vehicles used by the program. The child care provider or other child care
				personnel shall not be in a state of impaired ability due to use of medication
				while providing child care.
(L) The
				department shall evaluate any information received that indicates that the
				subject of the criminal record review poses a threat to the safety or welfare
				of children. In addition to those individuals automatically disqualified from
				presence at a child care facility by 19 CSR 30-63. 040 Background Screening
				Findings, the department may also prohibit the presence of any person on the
				premises of the family child care home during child care hours that has a
				criminal history that the department determines to be evidence that said person
				poses a threat to the safety and welfare of children.
(M) The provider shall request the results of
				a criminal background check for child care staff members as required by
				19 CSR
				30-63.020 General Requirements.
(N) Child care staff members shall have
				qualifying background screening results on file as required by
				19 CSR
				30-63.020 General Requirements.
(O) Child care staff members with
				disqualifying background screening results as defined in 19 CSR 30-63. 040
				Background Screening Findings, shall be prohibited from being present on the
				premises of the facility during child care hours.
(P) The child care provider shall conduct a
				Family Care Safety Registry screening prior to employment for any newly hired
				child care staff member who has a qualifying criminal background check
				result.
(Q) Background screening
				information received by the provider shall be retained in the individual's file
				in a confidential manner and available for review.
(R) If an employee reports licensing
				deficiencies in the home, the child care provider shall not take any action
				against the employee because of the report that would adversely affect his/her
				employment or terms or conditions of employment.
(S) The provider shall have documentation on
				file at the home of current certification in age-appropriate first aid and
				cardiopulmonary resuscitation (CPR) training. The training shall be certified
				by a nationally-recognized organization, such as the American Red Cross,
				American Heart Association, or an equivalent certification, include an
				in-person skills assessment, and be approved by the department. At least one
				(1) caregiver with current certification in age-appropriate first aid and CPR
				must be on site at all times when children are present. First aid/CPR training
				may count toward the annual clock hour training requirement.