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 35-71.020 - Basic Residential Treatment for Children and Youth Core Requirements (Applicable To All Agencies)- Basis for Licensure and Licensing Procedures

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the process through
				  which a residential care facility may obtain and renew a license and the
				  division's authority to monitor a facility's compliance with the rules in this
				  chapter through on-site visits and record reviews.
(1) Licensing Authority. Any person who
				establishes, maintains, or operates a residential care facility, other than
				persons exempt from licensure requirements under section
				210.516, RSMo, must apply for
				and receive a license from the division prior to accepting any child for
				care.
(2) Application Procedures.
(A) The applicant facility shall complete an
				application with the division on forms available on the division's
				website.
(B) The application shall
				be signed by an individual with the express authority to sign on behalf of the
				facility.
(C) In addition to the
				required application, the facility shall submit the following information in
				support of the application on forms provided by the division or as separate
				attachments:
1. Articles of incorporation or
				organization, bylaws, and a list of any board officers with such officers'
				contact information;
2. Signed and
				dated copy of the division's civil rights agreement;
3. Proposed budget for a period of not less
				than one (1) year, including sources of income;
4. Documentation of professional and
				commercial liability insurance, worker's compensation insurance, fire and
				disaster insurance, and insurance for any vehicles operated by the facility
				(coverage must include personal injury protection for passengers);
5. Document setting forth the authority and
				responsibilities delegated to the executive director by the board of
				directors;
6. Chart depicting
				facility's organizational structure;
7. Personnel manual;
8. Job titles and job descriptions for all
				staff;
9. Name, phone number, and
				email address of the designated caregiver authorized by the facility to use the
				reasonable and prudent parent standard pursuant to 210.665, RSMo, if
				applicable;
10. Projected staffing
				plan for the anticipated capacity;
11. Staff training plan;
12. Certification that all individuals
				required to complete a background check and to be found eligible for employment
				or presence at the facility pursuant to
				13 CSR
				35-71.015 have completed the required background check
				and have been found eligible for employment or presence by the
				division;
13. Verification of the
				education, licensing credentials, and experience of all professional
				staff;
14. Résumés
				for all professional and administrative staff;
15. Evidence of compliance with local
				building and zoning requirements;
16. Floor plan of the facility that
				identifies the specific use of each room;
17. Evidence of compliance with the fire
				safety requirements required by the State Fire Marshal;
18. Local health department inspection
				certificates.
A. The facility shall submit
				local health department inspection certificates for food service and
				water/sewer, if applicable, for all counties, cities, and towns that require
				such certificates in which the facility operates.
B. If the facility is unable, after
				exercising diligent efforts, to obtain a local inspection certificate, then the
				facility shall submit a statement describing the efforts made to obtain the
				certificate(s) and the reason why it was unable to obtain the certificate. The
				facility shall attach copies of any correspondence to or from any local health
				departments declining to conduct an inspection or to provide a
				certificate;
19.
				Documentation that any pool on the grounds is operated in accordance with all
				applicable ordinances;
20. Program
				and/or policy manual for the facility that contains the following materials:
A. Description of specific program models,
				including methods of treatment;
B.
				Description of the recreational program;
C. Document outlining the respective
				educational responsibilities of the facility and any local education authority,
				as applicable;
D. Personnel health
				verification policy;
E. Intake
				policy;
F. Health and sick care
				protocol for residents;
G.
				Medication policy, including psychotropic medications;
H. Medical record retention policy for
				residents;
I. Confidentiality
				policy;
J. Visitation
				policy;
K. Critical incident
				reporting policy;
L. Child abuse
				and neglect reporting policy;
M.
				Discipline policy for residents;
N.
				Restraint policy using a recognized and approved physical restraint
				program;
O. Locked isolation
				policy; and
P. Volunteer policy;
				and
21. Description of
				facility's religious requirements and practices, if applicable.
(D) The application will be
				complete when the residential care facility submits a completed application
				with all of the required supporting documents and information, including all
				required inspection certificates.
(E) Upon receipt of the completed application
				form and supporting documentation, the division will send a request to the
				State Fire Marshal to conduct a fire and safety inspection and provide the
				residential care facility and the division with a copy of the approved fire and
				safety inspection.