Missouri Code of State Regulations › Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Division 25 - Office of Childhood › Chapter 600 - Child Care Comprehensive Background Screening › Section 5 CSR 25-600.040 - Background Screening Findings

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment replaces the phrase "family
				  child care home, group child care home, child care center, or license-exempt"
				  with "licensed, regulated, or registered child care," expanding the provisions
				  of this rule to registered child care facilities. This amendment also specifies
				  that the ineligibility to maintain a presence at family child care homes is
				  only during child care hours and includes minors certified as adults in the
				  commission of an offense, consistent with section
				  210.1080.5,
				  RSMo.
(1) Any child care
				staff member or prospective child care staff member shall be ineligible for
				employment or presence at a licensed, regulated, or registered child care
				facility not exempted by section
				210.1080.13, RSMo, if such
				person-
(A) Refuses to consent to the
				criminal background check as required by section
				210.1080,
				RSMo;
(B) Knowingly makes a
				materially false statement in connection with the criminal background check as
				required by section
				210.1080,
				RSMo;
(C) Is registered, or is
				required to be registered, on a state sex offender registry or repository or
				the National Sex Offender Registry;
(D) Is listed as a perpetrator of child abuse
				or neglect under sections
				210.109
				to
				210.183,
				RSMo or has any other finding of child abuse or neglect based on any other
				state's registry or database; or
(E) Has pled guilty or nolo contendere to or
				been found guilty of-
1. Any felony for an
				offense against the person as defined in Chapter 565, RSMo;
2. Any other offense against the person
				involving the endangerment of a child as prescribed by law;
3. Any misdemeanor or felony for a sexual
				offense as defined in Chapter 566, RSMo;
4. Any misdemeanor or felony for an offense
				against the family as defined in Chapter 568, RSMo;
5. Burglary in the first degree as defined in
				section
				569.160,
				RSMo;
6. Any misdemeanor or felony
				for robbery as defined in Chapter 570, RSMo;
7. Any misdemeanor or felony for pornography
				or related offense as defined in Chapter 573, RSMo;
8. Any felony for arson as defined in Chapter
				569, RSMo;
9. Any felony for armed
				criminal action as defined in section
				571.015,
				RSMo, unlawful use of a weapon as defined in section
				571.030,
				RSMo, unlawful possession of a firearm as defined in section
				571.070,
				RSMo, or the unlawful possession of an explosive as defined in section
				571.072,
				RSMo;
10. Any felony for making a
				terrorist threat as defined in section
				574.115,
				574.120,
				or
				574.125,
				RSMo;
11. A felony drug-related
				offense committed during the preceding five (5) years; or
12. Any similar offense in any federal,
				state, municipal, or other court of similar jurisdiction of which the director
				of the designated department has knowledge.