Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 40 - Family Support Division › Chapter 72 - Group Homes Facilities › Section 13 CSR 40-72.010 - Group Homes Offering Residential Care

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: Section 210.246, RSMo makes it unlawful for
				  any person to establish or operate a residential care facility without having
				  in full force a written license granted by the Missouri Division of Family
				  Services. This rule establishes requirements which a group home must meet in
				  order to qualify for a license. Group homes are small residential programs
				  caring for twelve or less children.
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. Therefore, the material which is so incorporated is on file with
				  the agency who filed this rule, and with the Office of the Secretary of State.
				  Any interested person may view this material at either agency's headquarters or
				  the same will be made available at the Office of the Secretary of State at a
				  cost not to exceed actual cost of copy reproduction. The entire text of the
				  rule is printed here. This note refers only to the incorporated by reference
				  material.
(1) Legal Basis for
				Licensing. The Division of Family Services has responsibility for licensing
				those persons offering care to groups of children. The primary purpose of
				licensure is the protection of children. Sections 210.481-210.536, RSMo provide
				for the defining, licensing, inspection and regulation of group care for
				children. The law directs the division to publish rules for the licensing of
				residential facilities and to assist the agencies, groups or individuals
				subject to licensing in meeting these requirements for group child care.
(A) Definitions.
1. Child means an individual who is under the
				age of eighteen (18) and the word children means more than one (1) such
				individual.
2. Person is any
				individual, corporation, partnership, association, firm, agency or institution
				acting in concert regardless of the name used.
3. Director is the director of the Division
				of Family Services.
4. Division is
				the Division of Family Services.
5.
				License is a legal document issued for a maximum of two (2) years to a person
				authorizing him/her to provide care for children, subject to his/her compliance
				with the law and applicable rules published by the division.
6. Provisional license means the nonrenewable
				legal document issued by the division, for a maximum of six (6) months, to a
				group home which is not currently meeting requirements for full licensure in
				accordance with sections 210.481-210.536, RSMo and applicable rules promulgated
				and issued by the division.
7.
				Foster parent(s) are individuals who provide twenty-four (24)-hour care in
				their home to a group of children not related to them by blood, marriage or
				adoption.
8. Child care staff means
				persons employed to provide care and supervision for the children in the group
				home.
9. Staff means full- and
				part-time employees other than foster parents and child care staff.
10. Well-known religious order, church and
				religious organization are defined as follows:
A. A church, synagogue or mosque;
B. An entity that would qualify for federal
				tax exempt status as a not-for-profit religious organization under Section
				501(c) of the Internal Revenue Code of 1954; or
C. An entity where the real property on which
				the child care facility is located is exempt from local taxation because it is
				used for religious purposes.
11. Types of care are-
A. Foster family group home. A private home
				of foster parents who provide twenty-four (24)-hour care for seven to twelve
				(7-12) children under the custody and supervision of the division only. This
				type of care is not recommended for any child under the age of six (6)
				years;
B. Independent foster family
				group home. A private home, independent of any agency auspices, of foster
				parents who provide twenty-four (24)-hour care for seven to twelve (7-12)
				children in the custody of parents, relatives, guardian or agencies. This type
				of care is not recommended for any child under the age of six (6)
				years;
C. Satellite group home. A
				group home operated by a licensed child caring or child placing agency in a
				single dwelling or apartment owned, rented or leased by the agency. Child care
				staff are employed by the parent agency to provide twenty-four (24)-hour care
				for twelve (12) children or less. This type of care is not recommended for any
				child under the age of six (6) years; and
D. Independent group home. A group home
				privately operated by a person in a single dwelling or apartment which is
				owned, rented or leased by the person. Child care staff are employed to provide
				twenty-four (24)-hour care for twelve (12) children or less. This type of care
				is not recommended for any child under the age of six (6) years.