Missouri Code of State Regulations › Title 13 - DEPARTMENT OF SOCIAL SERVICES › Division 35 - Children's Division › Chapter 32 - Child Care › Section 13 CSR 35-32.070 - Registration Requirements for Child Care Providers Serving Four (4) or Less Unrelated Children

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: The purpose of this rule is to implement the
				  provisions of sections
				  210.025
				  and
				  210.027,
				  RSMo, for the purpose of registering child care providers and defining
				  eligibility for providers to receive state or federal funds for providing child
				  care services.
(1)
				Requirements for Registration. To receive a certificate of registration as a
				registered child care provider, the child care provider applicant shall meet
				the requirements set forth in this section.
(A) The child care provider applicant must
				have attained eighteen (18) years of age.
(B) The child care provider shall not care
				for more than four (4) unrelated children.
(C) A child care provider applicant shall-
1. Pass a background check as defined in 13
				CSR 35-32.050. Passing a background check shall include:
A. The child care provider shall not have
				received a substantiated child abuse and neglect report;
B. The child care provider shall not have
				been previously refused licensure or have experienced licensure suspension or
				revocation;
C. The child care
				provider cannot appear on the Department of Mental Health's Disqualification
				Registry pursuant to section
				630.170,
				RSMo;
D. The child care provider
				shall not be a registered sex offender or required to register as a sex
				offender in any state;
E. The child
				care provider applicant shall not have had a certificate of registration denied
				or revoked within the past six (6) months; and
F. A child care provider applicant shall not
				have pled guilty or nolo contendere to or been found guilty of-
(I) Any felony for an offense against the
				person as defined in Chapter 565, RSMo, or any other offense (misdemeanor or
				felony) against the person involving the endangerment of a child as prescribed
				by law;
(II) Any misdemeanor or
				felony for sexual offense as defined in Chapter 566, RSMo, for an offense
				against the family as defined in Chapter 568, RSMo, with the exception of the
				sale of fireworks to a child under the age of eighteen (18), for pornography or
				related offense as defined by Chapter 573, RSMo, for an offense relating to
				public assistance including, but not limited to, unlawful receipt, conversion
				or transfer of public benefits pursuant to sections
				578.377
				through
				578.381,
				RSMo, (sections
				570.400
				through
				570.404,
				RSMo, after January 1, 2017), perjury committed when obtaining public
				assistance pursuant to section
				578.385,
				RSMo, (section
				570.408,
				RSMo, after January 1, 2017); or
(III) Any similar crime in any federal,
				state, municipal, or other court of similar jurisdiction or any offenses or
				reports which will disqualify an applicant from receiving state or federal
				funds, including the following:
(a) The
				following crimes, in any degree, if considered a felony in the jurisdiction in
				which it was filed: murder, manslaughter, assault, kidnapping, felonious
				restraint, false imprisonment, interference with child custodial rights, adult
				abuse or stalking, burglary; or
(b)
				The following crimes, in any degree, if considered a felony or misdemeanor in
				the jurisdiction in which it was filed: rape, sodomy, prostitution, child
				molestation, bigamy, child abandonment, child endangerment, criminal nonsupport
				of a child, child abuse, elder abuse, robbery, arson, armed criminal action,
				unlawful possession/use/transfer of a firearm or weapon, unlawful
				promotion/possession/furnishing of obscene or pornographic material (including,
				but not limited to, child pornography), or human trafficking;
(c) The following crimes, in any degree, if
				considered a felony or misdemeanor in the jurisdiction in which it was filed
				and if involving the endangerment of a child or a child victim: assault,
				kidnapping, felonious restraint or false imprisonment, interference with child
				custodial rights; or
(d) The
				following crimes, in any degree, if considered a felony or misdemeanor in the
				jurisdiction in which it was filed and if filed within the past ten (10) years:
				unlawful possession, sale, transfer, or trafficking of a controlled substance
				or any similar crime;
(e) The
				following crimes, in any degree, if considered a felony in the jurisdiction in
				which it was filed and if committed against the Department of Social Services
				or any division thereof: fraud, stealing, or forgery; or
(f) Any municipal court offense for conduct
				which, if prosecuted in a court of general jurisdiction, would be an offense
				described in subparagraph (1)(C)1.F. above.
(D) The child care
				provider shall submit a "Risk Assessment for Tuberculosis" form, to be
				completed, signed, and dated by a medical professional no more than ninety (90)
				days prior to submission. If a child care provider has active, contagious
				tuberculosis, the child care provider must submit documentation showing that a
				medical professional has certified that the child care provider is
				non-infectious before the child care provider may become registered.
(E) Child care provider shall submit a
				statement completed, signed, and dated by a medical professional no more than
				ninety (90) days prior to submission on a prescribed form, regarding his/her
				opinion of the physical and mental health of the child care provider applicant
				and certifying that a physical examination was completed within the past ninety
				(90) days, that the child care provider applicant was free from communicable
				disease, and is not a threat to the health of children.
(F) Child care provider applicant and anyone
				residing with the child care provider applicant shall be legally allowed in the
				presence of children.
(G) All
				individuals residing with the child care provider applicant over the age of
				seventeen (17) shall pass-
1. A search of the
				Family Care Safety Registry as described in sections
				210.903
				through
				210.936,
				RSMo; and
2. State-based child
				abuse and neglect registries and databases in Missouri and in the state where
				the child care provider household member resides, and each state where such
				person resided during the preceding five (5) years;
3. State-based sex offender registry or
				repository in Missouri and in the state where the child care provider household
				member resides, and each state where such person resided during the preceding
				five (5) years;
4. No individual
				residing with the child care provider applicant over the age of seventeen (17)
				shall have received a substantiated child abuse and neglect report, appear on
				the Department of Mental Health employee disqualification list, or be a
				registered sex offender or required to register as a sex offender in any
				state.
(H) The
				department shall not pay for any costs associated with the requirements of
				registration.
(I) The child care
				provider applicant must cooperate and allow for an unannounced on-site
				inspection by the division or designee at initial application. The on-site
				inspections shall ensure that the child care provider applicant's home is in
				compliance with the following health, safety, fire, and other requirements:
1. Local ordinances, codes, and regulations.
A. The child care provider applicant's home
				shall meet local ordinances, codes, and regulations, particularly with regard
				to fire safety and smoke or carbon monoxide detectors.
B. If there are no local ordinances or
				regulations regarding smoke and carbon monoxide detectors that apply to the
				child care provider applicant's home, the child care provider applicant shall-
(I) Install and maintain operable smoke and
				carbon monoxide detectors in accordance with the manufacturer's
				instructions;
(II) Install and
				maintain all detectors on the ceiling or wall at a point centrally located in a
				corridor or other area giving access to rooms used for providing child care
				services in the home unless the manufacturer's instructions provide otherwise;
				and
(III) Ensure that when
				activated, the detectors shall provide an alarm in the structure or
				room;
2.
				Physical Space: The physical space of the child care provider applicant's home
				must meet the following criteria:
A. It must
				be clean, free of insects and vermin;
B. It must have working heating and cooling
				systems;
C. It must have potable,
				running water, at least one (1) flush-able toilet and one (1) sink for hand
				washing accessible to children;
D.
				Hygiene items such as toilet paper, soap, hand drying towels (paper or cloth)
				must be accessible to children;
E.
				The food preparation area clean and equipped to prepare snacks and
				meals;
F. It must have inside space
				for play and napping;
G. Hazardous
				materials must be inaccessible to children;
H. Smoking in the home is prohibited while
				children are present;
I. Weapons
				and ammunition stored in locked cabinets inaccessible to children; and
J. Smoke detectors and fire
				extinguisher present;
3.
				Outdoor play area: The outdoor play area must meet the following criteria:
A. It must be an area safe, maintained, and
				no hazards;
B. The outdoor area
				must either be continuously fenced to ensure that the children cannot leave and
				others cannot enter the premises without supervision; or, if not fenced, child
				care provider must have a division approved, supervision plan for when children
				are in outdoor play area;
C. Pools
				and open water areas are not accessible to children without adult supervision;
				and
D. Play equipment is
				well-constructed and free from hazards;
4. Emergency preparedness and response plan
				available and posted;
5. Animals:
				Any animals present on the premises must meet the following criteria:
A. They must be non-threatening to
				children;
B. None of the animals
				may have a history of attacking or injuring human beings or other
				animals;
C. The animals must be
				disease free and have all required vaccinations according to state and local
				law;
D. Indoor and outdoor areas
				used by children are free of animal excrement; and
E. Litter boxes are not located in food
				preparation or serving area and inaccessible to children;
6. The child care provider applicant's home
				must be free of illegal substances and criminal activity.
(J) The child care provider applicant shall
				register with Opportunities in a Professional Education Network (OPEN) and
				secure a Missouri Professional Development Identifier (MOPD-ID) to track and
				successfully complete all required trainings as approved by the division. The
				child care provider shall provide satisfactory, written documentation of
				successful completion to the division. The child care provider applicant shall
				successfully complete training which includes, but is not limited to:
1. First Aid and Cardiopulmonary
				Resuscitation (CPR);
2. Child Care
				Subsidy Orientation;
3. Prevention
				of Sudden Infant Death Syndrome and Safe Sleeping;
4. Prevention of Shaken Baby Syndrome and
				Abusive Head Trauma;
5. Emergency
				Disaster Response and Planning;
6.
				Mandatory Child Abuse and Neglect (CA/N) Reporting;
7. Prevention and Control of Infectious
				Diseases (including immunizations);
8. Administration of Medication, consistent
				with standards for parental consent;
9. Prevention and Response to Food Allergy
				Emergencies;
10. Building and
				Physical Premises Safety; including identification of and protection from
				hazards that can cause bodily injury;
11. Handling and Storage of Hazardous
				Materials and the Appropriate Disposal of Bio-Contaminants; and
12. Transportation of Children.
(K) If a child care provider
				applicant has an outstanding debt owed to the state due to a previous child
				care overpayment, the child care provider applicant must participate in a
				repayment plan pursuant to 13 CSR 35-32.050 to become registered with the
				division.