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 35-71.040 - Organization and Administration

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule sets forth the requirements for
				  the incorporation, administration, and financing of an agency.
(1) Each agency shall be incorporated and
				shall submit to the division its articles of incorporation and certificate of
				incorporation.
(2) An agency shall
				have a governing body responsible for establishing its policies, determining
				its programs, guiding its development, and providing its leadership. A list of
				the names, addresses, and place of employment of the current members of the
				governing board shall be kept on file at the agency and available for
				review.
(3) Voting members of the
				board of directors shall not be employed by and/or do not receive financial
				compensation from the agency. Any employee who serves as a member of the board
				of directors shall sign a statement acknowledging his/her understanding of and
				agreement with this rule. Such statement shall be part of the personnel
				file.
(4) The governing body shall
				be responsible for-
(A) Developing and
				maintaining a program of orientation and training for all new members of the
				governing body;
(B) Determining the
				size, selection, function, and organization of the governing body;
(C) Keeping minutes of each meeting of the
				governing body, which shall reflect its actions pertaining to and affecting the
				care and safety of children;
(D)
				Meeting as often as necessary, but at least four (4) times a year, to conduct
				the business of the agency, at least one (1) of which shall be held at an
				operating site;
(E) Conducting an
				on site visit to each operating site annually by at least a committee of the
				governing body;
(F) Ensuring an
				agency's continuous compliance with Missouri law and applicable licensing
				rules;
(G) Ensuring the agency's
				continuous compliance with all applicable federal, state, or local laws or
				regulations governing the operation of the agency;
(H) Ensuring that an agency's standards of
				practice shall be professional, ethical, and responsive to client
				needs;
(I) Appointing the executive
				director and delegating responsibility to the director to administer the agency
				in all of its activities, functions, and services;
(J) Performing and retaining a written
				evaluation of the executive director on an annual basis;
(K) Providing the division a written
				statement which sets forth the kind and extent of authority delegated to the
				executive director;
(L) Ensuring
				that all operating sites are maintained, staffed, and equipped to implement the
				agency's program effectively;
(M)
				Making available for review by the division the written policies and procedures
				of the agency, and evaluating the policies and procedures biennially to
				determine that the interests of children and families are being
				served;
(N) Meeting with division
				staff when requested;
(O) Providing
				written notification to the division within five (5) working days when there is
				a change of executive directors, board president, or the organizational
				structure of the agency;
(P)
				Reporting a criminal act of an employee in the performance of employment duties
				to law enforcement and/or the prosecuting attorney and providing immediate oral
				report followed by a written report to the division five (5) working days after
				the occurrence of the criminal act that specifies the agency's corrective
				action plan; and
(Q) Ensuring that
				no unrelated business is established at the licensed agency operating site
				without providing the division with a written request and receiving written
				permission from the division.