Missouri Code of State Regulations › Title 5 - DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION › Division 25 - Office of Childhood › Chapter 400 - Licensing Rules for Family Child Care Homes › Section 5 CSR 25-400.105 - Description of Organization

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment clarifies that the facility
				  orientation requirement applies to caregivers employed on or after August 30,
				  2019, which is the date this requirement became effective in rule. Secondly,
				  this amendment adds an allowance for schoolage exemption for two (2) related
				  children in accordance with changes to section
				  210.211, RSMo, by SB 683, passed
				  during the Regular Session of the 101st General Assembly (2022). Thirdly, this
				  amendment updates child care training requirements to align with the
				  department's transition to a new professional development
				  system.
(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 employed on or after August 30, 2019,
				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.
(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 5 CSR 25-600.040 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
				5 CSR
				25-600.020 General Requirements.
(N) Child care staff members shall have
				qualifying background screening results on file as required by
				5 CSR
				25-600.020 General Requirements.
(O) Child care staff members with
				disqualifying background screening results as defined in 5 CSR 25600.040
				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 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.