Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 60 - Licensing of Foster Family Homes › Section 13 CSR 35-60.040 - Physical and Environmental Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule explains what physical and
				  environmental conditions are required for licensing. It further describes
				  sleeping arrangements and fire and safety requirements.
PURPOSE: This proposed amendment changes the title of
				  the rule and explains what is required in a physical structure. The amendment
				  also addresses the use of legal and illegal substances, including drugs and
				  alcohol, by the foster family. It further describes sleeping arrangements and
				  fire and safety requirements, and clarifies firearms and ammunition safety
				  requirements.
(1) General
				Requirements.
(A) The foster parent(s) shall
				be so located that they have access to schools, recreational, religious or
				other community resources.
(B) The
				home shall be so constructed, arranged, and maintained as to provide adequately
				for the health and safety of all occupants. It shall be of size and space and
				shall have furnishings and equipment to accommodate comfortably both the foster
				family and foster children in their care.
(C) The division may require inspection of
				the home by fire, health, sanitation or safety officials when in the agency's
				judgment such expert opinion is needed to assist in making a decision about the
				safety of the home for the care of foster children. The home must comply with
				all local, county and state ordinances.
(D) All flammable liquids, matches, cleaning
				supplies, poisonous materials, medication, marijuana (as defined in
				19 CSR
				30-95.010(20) ) or marijuana-infused
				products (as defined in
				19 CSR
				30-95.010(21) ) for medical use (as
				defined in 19 CSR
				30-95.010(27) ), alcohol, or other
				hazardous items shall be stored so as to be inaccessible to the children,
				taking into consideration the age and mental capacities of the
				children.
(E) Private water supply
				shall be safe for human consumption and testing may be required at the time of
				licensing. The cost of testing will be covered by the applicant. If the private
				water supply is found to be unsafe for human consumption, an alternative source
				for drinking water shall be made available. The home's water heater shall be
				set in accordance with the manufacturer's recommendations regarding
				temperature.
(F) The interior of
				the home shall be free from an accumulation of visible dirt and any evidence of
				vermin and rodent infestations.
(G)
				All rooms shall have proper lighting and ventilation. Windows and doors shall
				be screened as needed unless the area is air conditioned.
(H) All interior doors shall be designed to
				permit the opening of a locked door from the outside in an emergency.
(I) The home shall have space for indoor play
				and access to outdoor play space. The outdoor play space shall be fenced when
				in the judgment of the division, nearby street traffic, railroad tracks, lake,
				river, swimming pool, or other potential hazards suggest the necessity for such
				protections.
(J) Household swimming
				pools shall include the following safety requirements:
1. A barrier on all sides;
2. Access to the pool must have their methods
				of access through the barrier equipped with a safety device, such as a bolt
				lock;
3. Swimming pools must be
				equipped with a life saving device, such as a ring buoy;
4. If the swimming pool cannot be emptied
				after each use, the pool must have a working pump and filtering system;
				and
5. Hot tubs and spas must have
				safety covers that are locked when not in use.
(K) Mobile Homes.
1.
				There shall be an exit(s) at each end(s) of the home.
2. The mobile home shall be skirted with
				latticed or solid skirting and securely anchored by cable to the
				ground.
(L) The home
				shall have an operating kitchen facility.
(M) The home shall have at least one (1)
				toilet, sink, and tub or shower in operating condition.
(N) For the purposes of this regulation, the
				terms "marijuana," "marijuana-infused products," and "medical use," shall mean
				the terms as they are defined in
				19 CSR
				30-95.010.
(O) All foster parents, household members,
				and guests shall not use or possess illegal substances, marijuana,
				marijuana-infused products, or use tobacco products, such as cigarettes,
				cigars, pipes, or electronic smoking devices that include, but are not limited
				to, e-cigarettes, vape pens, or vaporizers in:
1. The foster home when a child in division
				custody is placed in the home;
2. A
				vehicle when transporting a child in division custody; or
3. The presence of a child in division
				custody.
(P) Foster
				parents shall not use illegal substances. Foster parents shall not use alcohol,
				prescription and non-prescription medication, marijuana or marijuana-infused
				products to the extent that it would leave the individual in an impaired
				physical or mental state and prevent the individual from parenting the
				child.
(Q) Foster parents and
				household members who seek to use or cultivate marijuana for medical use must
				follow all rules and procedures as set forth by the Department of Health and
				Senior Services in 19 CSR 30-95.010 through
				19 CSR
				30-95.110.
(R) Foster parents and household members
				shall not use marijuana or marijuana-infused products, or other legal
				substances (including alcohol or prescription or non-prescription drugs) if it
				creates an unsafe environment for the child, as determined by the
				division.
(S) Foster parents and
				household members who are qualifying patients, as defined in
				19 CSR
				30-95.010(36), for medical marijuana
				use must obtain a new physician certification annually and obtain
				identification cards from the Department of Health and Senior Services in
				accordance with 19 CSR 30-95.030 in order to use
				and/or cultivate marijuana for medical use. All foster parents and household
				members shall, upon request, provide the division with a copy of the physician
				certification and identification card(s) as defined in
				19 CSR
				30-95.010(17), as applicable.
(T) All cultivation by the
				qualifying patient shall take place in an enclosed, locked facility as defined
				in 19 CSR
				30-95.010(12) with the plant
				specifications set forth in
				19 CSR
				30-95.030(4).
(U) Children in the division's custody shall
				not have access to the enclosed, locked facility, or otherwise be exposed to
				hazardous environmental conditions due to the use, cultivation, or storage of
				marijuana or marijuana-infused products.