PURPOSE: This rule establishes the governing provisions for foster care case management contracts to provide a comprehensive system of service delivery for children and their families as set forth in section 210.112, RSMo.

1. (1) This rule shall apply to the foster care case management contracts for the provision of case management services for youth placed in the custody or under the supervision of the Children’s Division (CD) as provided in section 210.112, RSMo, as well as govern the work of contractors and their subcontractors, officers, agents, and employees pursuant to those contracts. This regulation shall apply to any subcontractors of the contractor which provide foster care case management services. The safety and welfare of the children served under these contracts shall be the paramount consideration in all matters pertaining to these contracts.
2. (2) When providing case management services pursuant to the foster care case management contract with the Children’s Division, the contractor shall fully implement and comply with all requirements of federal and state law which apply to permanency planning and shall fully implement and comply with all written policies of the Children’s Division which do not conflict with those federal and state laws. This includes, but is not limited to, all regulations promulgated by the Children’s Division. The Children’s Division, in collaboration with the contractors, shall develop a mechanism for contractors to provide input and feedback regarding pending Children’s Division policy prior to implementation when such policy could have financial or programmatic impact on the contractor. Policy of the Children’s Division, laws, and regulations shall supersede any policy of the contractor when they conflict.
3. (3) Contractors shall provide a range of child welfare services including case management services for children in out-ofhome placements, family-centered services for parents and legal guardians from whose care the child was removed, and community resource development. Family-centered services shall be defined as the family-focused intervention method utilized by the Children’s Division when working with families to assist them in identifying their strengths and needs and to develop a family plan for change.

4. (A) Case management services shall include assessments, case planning, placement services, service planning, permanency planning, and concurrent planning. The contractor shall have ongoing contact with the child; the child’s out-of-home care provider; the parents or the guardian of the child in care, if parental/guardianship rights have not been terminated; the children remaining in the home; the court; and the members of the child’s Family Support Team as defined in the Children’s Division’s written policies. The contractor must provide case management services that respect the culture, ethnicity, and religious practices of the children and that of his/her family. The contractor shall document all case management services provided in the case record as well as in the automated case management system within the timeframes outlined in the contract and in the policies of the Children’s Division.

   1. 1. Assessments shall be defined as the consideration of all

social, psychological, medical, educational, and other factors to determine diagnostic data to be used as a basis for the case plan.

1. 2. Case planning is a process of negotiation between the

family case manager, the parent(s) or guardian(s) from whom the child was removed, and the juvenile officer, which describes the services and activities necessary for the purpose of achieving a permanent familial relationship for the child. The case plan shall include the permanency plan as defined in paragraph (3)(A)5. below, the concurrent plan as defined in paragraph (3)(A)6. below, the service plan as defined in paragraph (3)(A)4. below, the timeframes in which services will be delivered, and the timeframes for obtaining reports from service providers, when applicable.

1. A. Contractors shall develop a case plan no later than

thirty (30) days after referral of the child’s case to the contractor by the Children’s Division. The contractor shall submit case plans to the court in accordance with local court procedures.

1. B. The case plan shall be developed in accordance with

the written policies of the Children’s Division and applicable federal and state law. In the event that the policies of the Children’s Division conflict with applicable federal and state law, federal and state law shall prevail.

1. C. The contractor’s case manager shall give careful con-

sideration to the unique needs of each child and family when developing the case plan.

1. D. As necessary to effectuate the best interests of the

subject child, the case plan may be amended from time-totime.

1. 3. Placement services is the selection of, and placement

with, the most appropriate resource for children in out-ofhome care based on the assessment of the child’s unique needs and personality and the out-of-home care provider’s capacity and skills in meeting those needs.

1. A. The contractor’s case manager must utilize the least

restrictive out-of-home placement for a child.

1. (I) The best interests of the child in care shall govern

all placement decisions. When the placement would not be contrary to the best interest of the child, the contractor must give relatives of the child in care preference and first consideration to serve as the child’s out-of-home care provider. As required by applicable federal and state law, the contractor must conduct an immediate search to locate, contact, and, where appropriate, place the child in care with his/her grandparent(s). Therefore, grandparents of the child in care shall be given first consideration for placement before other relatives of the child in care are considered. Whenever the contractor decides that relative placement is contrary to the best interests of the child, the contractor shall document the reasons for this decision in the case plan.

1. (II) Placements in residential treatment shall be based

on an individualized, independent assessment of each child’s needs in the manner required by law, regulation, and CD policy. Such placements shall be considered for children in care who need structured and therapeutic intervention. Placement in a residential treatment facility must be of a limited duration and treatment during this time must be focused on enabling the child in care to transition to family and/or community-based care as soon as possible. The contractor shall prioritize methods of reducing or eliminating a child’s need for residential treatment through community-based services and supports.

1. (III) In coordination with the child in care’s Family

Support Team, the contractor shall periodically reassess the placement of the child to determine whether the placement is consistent with the child’s permanency plan and is meeting the child’s needs.

1. (IV) As required by the written policies of the Children’s

Division, the contractor shall convene Family Support Team meetings to discuss any change in placement.

1. B. The contractor shall exercise reasonable and continu-

ing efforts to preserve, foster, and encourage the relationships between siblings of children under case management with the contractor unless it is contrary to the safety or welfare of one (1) or more of the siblings to do so.

1. (I) Whenever reasonably possible, the contractor shall

place a child in out-of-home care with any siblings who are also removed from their home. The contractor shall make reasonable efforts to place siblings in the same placement unless doing so would be contrary to the safety or welfare of any of the siblings.

1. (II) The contractor must make arrangements for regu-

lar, frequent, and continuing visitation between siblings who are not in the same placement unless it is contrary to the safety or welfare of one (1) or more of the siblings to do so.

1. (III) Unless it is contrary to the safety or welfare of

one (1) or more of the siblings to do so, the contractor shall reunite siblings at the earliest time possible when circumstances change and different caregivers are no longer required.

1. (IV) The contractor shall document in the case file its

efforts to place siblings in the same home and, if not placed in the same home, its efforts to maintain the sibling relationship. If the contractor determines that placement of siblings in the same placement or visitation between the siblings is contrary to the safety or welfare of the siblings, the contractor shall document the reasons therefore in the case file.

1. C. When an appropriate placement is available and

it is in the best interests of the child to do so, placements of children in care shall be made in the child’s home community.

1. D. Unless otherwise ordered or authorized by the court,

placement of children in care shall be with a licensed out-ofhome care provider.

1. E. The contractor’s case manager shall not place a child

in a home in which any person residing in the home has been found guilty of, or pled guilty to, any crimes identified in section 210.117, RSMo.

1. 4. Service planning is the provision of any services indi-

cated and identified as needed through an assessment and case plan, or ordered by the juvenile court.

1. 5. Permanency planning is determining the permanent

plan which best meets the needs of the child in care and which complies with the applicable requirements of federal law. Contractors shall provide ninety (90) calendar days of services to the child and family after a child is reunified with their parent(s) to assure a continued successful outcome as defined in the contract. Contractors shall provide ninety (90) calendar days of services to the child and family after a child is reunified with their legal guardian(s), from whom they were removed, to assure a continued successful outcome as defined in the contract. The permanency plan shall consider—

1. A. The child’s need for a continuing relationship with

his/her parent(s) or legal guardian(s) prior to the child’s removal from the home;

1. B. The ability and willingness of the child’s parent(s)

or legal guardian(s) to actively perform their functions as the child’s caregiver with regards to the needs of the child;

1. C. The interaction and interrelationship of a child with

the child’s parent(s) or legal guardian(s) from whom they were removed, the child’s out-of-home care provider, siblings, and any other person who may have a significant impact upon the child’s best interest;

1. D. The child’s adjustment to his/her out-of-home place-

ment, school, and community;

1. E. The mental and physical health of all individuals in-

volved, including any history of abuse of or by any individuals involved; and

1. F. Any other information and factors that may be rele-

vant to the care, safety, and welfare of each child.

1. 6. A permanency plan shall include an individualized

primary permanency plan and a concurrent permanency plan for each child. Concurrent permanency planning is a process of pursuing a primary permanency goal for a child in care, such as reunification, while simultaneously establishing and implementing an alternative permanency plan for that child. The contractor shall make active, reasonable efforts to finalize the primary and concurrent permanency plan and shall document those efforts in the case file. The permanency plan shall be developed at the earliest possible opportunity and in no case later than thirty (30) days after case referral. The plan shall be submitted to the court in the manner prescribed by law or as otherwise ordered by the court. As required by Children’s Division written policies, the permanency plan shall be periodically reviewed and, where appropriate, may be modified if modification is in the best interests of the child as recommended by the child’s Family Support Team or as ordered by the court.

1. (B) Community resource development is the recruitment, assessment, training, maintenance, and retention of out-ofhome care providers. It shall also include the development of those services which shall best meet the needs of the child and family.

   1. 1. The contractor shall conduct community resource devel-

opment activities to obtain appropriate out-of-home resource providers to enable the contractor to perform its duties under the contract.

1. 2. Unless such policies conflict with applicable state law,

the contractor shall ensure background investigations are conducted on all out-of-home care providers as required by law, regulation, and the written policies of the Children’s Division.

1. 3. The contractor shall utilize a training curriculum which

meets or exceeds the resource development standards set forth in the written policies of the Children’s Division. The contractor shall obtain approval from the Children’s Division designee prior to finalizing the curriculum and content for the training sessions.

1. (C) The contractor may directly provide or contract for the services required by this rule in accordance with the proposal submitted in response to the Request for Proposal or Invitation for Bid for the contract awarded for such services. However, any subcontractors employed by the contractor must comply with all requirements of this regulation.

1. (4) The contractor shall ensure that all children under the age of ten (10) years old referred to the contractor receive a Healthy Children and Youth assessment within thirty (30) days of entering care, as often as necessary for the provision of follow-up care and treatment, and at least annually thereafter. Such assessments will be utilized to determine treatment services which will meet the child’s psychological and social needs. When the assessment indicates intensive twenty-four- (24-) hour treatment services, appropriate services will be provided. A written report of the assessments and documentation that the prescribed treatment has been timely provided to the child (or good cause why the treatment was delayed or not provided) shall be documented and maintained in the case file.

2. (5) The contractor shall deliver all services through qualified professionals who have substantial, current and relevant training, education, and experience and who are competent to deliver case management services. The contractor’s personnel must meet or exceed all of the applicable accreditation, licensing, and/or certification requirements of their profession set by the state of Missouri, if such licensure or certification is required by their profession for the performance of their specific job function. The contractor’s personnel must meet the education and experience expectations outlined in the most current child placing rules set forth at 13 CSR 40-73.035.

   1. (A) The contractor shall maintain a personnel file for each employee which shall be accessible to the Children’s Division upon request for the purpose of verifying compliance with this regulation and the requirements of its contract with the Children’s Division. At a minimum, the file must include complete and current criminal record checks, background investigations, resumes, degrees or diplomas, date of employment, training records, performance appraisals, commendations, disciplinary actions, and other related actions. Background checks, including fingerprint-based criminal background checks, shall be periodically updated as requested by the Children’s Division or otherwise required by law. Contractors shall immediately notify the Children’s Division of any act or occurrence which may impact their employee’s ability, qualifications, or certification to provide services under the contract.
3. (6) The contractors shall deliver all services through professionals who have substantial and relevant training. The contractor’s personnel providing case management services or direct supervision of case management services must successfully complete the same training curriculum as the Children’s Division’s personnel which provide case management services or direct supervision of case management services. This applies to both pre-service and in-service training as required by the Children’s Division. Contractors may provide or require additional training as they deem appropriate, provided that the additional training is consistent with the Children’s Division’s regulations, policies, and procedures. Contractor’s personnel attending Children’s Division pre-service training will be scheduled for the first available session with openings.
4. (A) The contractor’s personnel who recruit, train, and assess foster parents serving children with elevated needs, or who provide ongoing support to such foster parents, must successfully complete specific training which is designed for the elevated needs program. Elevated needs shall be defined as provided in 13 CSR 35-60.070. Training for elevated needs providers must be provided by the Children’s Division or by the contractor’s staff utilizing curriculum which has been previously approved by the Children’s Division.
5. (B) The contractor’s personnel who train staff who are tasked to recruit, train, and assess foster parents serving children with elevated needs must successfully complete a Train-the-Trainer session provided by the Children’s Division or by another entity approved to provide such training by the Children’s Division.

6. (7) The contractor must submit all required information to the family care safety registry on behalf of all professional personnel assigned to provide services under the contract prior to such personnel providing service to children in care. Such information shall be updated on an annual basis thereafter. Any personnel who reside in another state and work in the state of Missouri, or who have relocated to the state of Missouri within the last five (5) years, shall provide documentation of background screening(s) from their state of origin to include, but not limited to, child abuse/neglect and criminal background screening check(s), prior to such personnel providing service. If the employee continues to reside in another state while performing case management services for the contractor, the out-of-state check shall be done annually. The contractor’s professional personnel assigned to the contract must have background investigations, including fingerprint-based criminal background checks, submitted to the Children’s Division via a form provided by the Children’s Division prior to such professional personnel providing services under the contract.

   1. (A) The form shall be submitted no later than fifteen (15) calendar days after the effective date of the contract for all professional personnel.
   2. (B) The form shall be submitted for each new or anticipated professional personnel assigned to provide services under the contract prior to such personnel providing services.

   3. (C) When child abuse/neglect or criminal activity is discovered through the background investigation of any professional personnel assigned to provide services under the contract, the contractor must review the information to determine the relevance of such finding to the provision of case management services.

      1. 1. The contractor shall not allow individuals to perform

case management duties when his/her background investigation reveals that he/she has been found guilty, pled guilty, or has been convicted of—

1. A. A felony conviction for child abuse or neglect or

spousal abuse;

1. B. A felony or misdemeanor conviction for any crime

in which a child was a victim or a crime against children, to include, but not limited to, any offense involving child pornography;

1. C. Any crime involving violence and/or sexual offenses,

including, but not limited to, rape, domestic violence, domestic assault, armed criminal action, sexual assault, or homicide;

1. D. Failure to report suspected child abuse to the child

abuse and neglect hotline as required by section 210.115, RSMo;

1. E. A felony conviction for physical assault, battery, or a

drug-related offense within the past five (5) years; or

1. F. Any other crime listed in section 210.117, RSMo.
2. 2. The contractor must submit a written request to the

Children’s Division designee when the contractor desires to hire an individual with a history of child abuse/neglect or criminal activity which does not meet the criteria identified in paragraph (7)(C)1. above. The Children’s Division designee shall review the request and provide a written response indicating if the individual may provide case management services.

1. A. The contractor or the individual or both may request

an administrative review no later than thirty (30) days from the date of Children’s Division decision if they dispute such decision. If the Children’s Division does not receive a timely request for administrative review the Children’s Division’s decision shall be final.

1. B. The request for an administrative review shall be in

writing and generally set out the reasons for the request.

1. C. The Children’s Division shall schedule an adminis-

trative review within five (5) business days of receipt of the request. The administrative review shall take place before the Children’s Division designee. The Children’s Division shall notify the contractor and/or the individual of the date and time of the review. The review may be continued at the request of the contractor or the individual, but the employment exclusion shall remain in effect pending the administrative review.

1. D. The review shall be informal, the rules of evidence

shall not apply, and both the contractor and the Children’s Division may submit any information relevant to the appealed decision. The purpose of the review will be to determine the potential employee’s suitability for employment under the contract.

1. (I) The contractor’s personnel application must in-

clude an authorization for the Children’s Division to release information which directly relates the employee’s suitability for employment under the contract.

1. (II) Upon completion of the administrative hearing,

the Children’s Division designee will submit a recommendation to the director of the Children’s Division. The director may affirm or reverse the initial decision. Such decision shall be final.

1. (D) The contractor must submit a written request to the Children’s Division designee when the contractor desires to hire a current or former child welfare employee of the Children’s Division. The Children’s Division will review the request and provide a written response indicating if the individual may provide the case management services. The administrative review process described in paragraph (7)(C)2. above shall be utilized when the contractor disputes the decision.

   1. 1. The administrative review process described in para-

graph (7)(C)2. above shall not apply when the contractor does not have a signed, written authorization for the Children’s Division to release information to the contractor.

1. (E) The contractor’s personnel may be dismissed at the discretion of the contractor. However, an employee of the contractor shall be dismissed if required pursuant to section 207.085, RSMo.

2. (F) Except for employment and workers’ compensation matters, the contractor must disclose any relevant litigation within the past five (5) years involving the contractor, the contractor’s employees, officers, agents, and/or subcontractors within five (5) business days from the date the contractor receives a demand or is served with process, whichever takes place first. Individuals and entities who submit a response to an Request for Proposals (RFP) or Invitation for Bid (IFB) shall also disclose this information during the procurement process. The contractor shall disclose the names of the parties (initials may be used in lieu of party name for minors); the court and case number in which the case was filed; and a brief description of the claims or criminal charges brought. The contractor shall include a copy of the complaint or petition if requested by the Department of Social Services or the division.

   1. 1. Relevant litigation under this agreement is defined as

any civil claims, judgments, or out-of-court settlements and/ or criminal charges which are pending or have been disposed of by a finding or plea of guilt, an Alford plea, or a plea of nolo contendere regarding the following:

1. A. Allegations of child abuse or neglect;
2. B. Personal injury to a client;
3. C. Violent acts, including but not limited to, domestic

violence and other crimes against persons;

1. D. Acts against the family, which include, but are not

limited to Orders of Protection, and criminal charges denominated as offenses against the family;

1. E. Fraud and/or misrepresentation;
2. F. Sexual offenses, including pornography, and any reg-

istration on a sexual offender registry;

1. G. Weapons offenses;
2. H. Controlled substance offenses; or
3. I. Any other claims or charges which relate to the deliv-

ery of foster care case management services to children.

1. 2. The contractor must also disclose any pending investi-

gation or assessment or “substantiated finding” of any contractor’s employee, officer, agent, and/or subcontractor within five (5) business days from the date of notification.

1. 3. Substantiated finding is defined as a court adjudication,

or determination by the state agency or any court of a probable cause and/or preponderance of the evidence finding, or substantially similar findings in this state or any other.

1. 4. Failure of the contractor to disclose relevant litigation,

pending investigations, assessment, or “substantiated finding” as specified herein, shall be considered a breach of the contract and subject to appropriate and available remedies by the State of Missouri.

1. 5. The Children’s Division may share information about

any disclosed litigation, pending investigations, assessments, or “substantiated findings” with all state and federal agencies, law enforcement agencies, state and federal auditors, children and families, Family Support Team (FST), and any courts, in the sole discretion of the Children’s Division on a need to know basis as determined by the state agency and consistent with applicable state law.

1. (8) Contractors shall have a proven record of providing quality child welfare services within the state of Missouri.

   1. (A) Contracts shall be awarded through a competitive bid process to—

      1. 1. Children’s services providers and agencies contracted

with the state of Missouri on or before July 1, 2005, to provide a comprehensive system of service delivery for children and their families; or

1. 2. Public and private not-for-profit or limited liability

corporations owned exclusively by not-for-profit children’s services providers and agencies with a proven record of providing child welfare services within the state of Missouri.

1. (B) The contractor and/or contractor’s subcontractors performing case management and resource development services must be licensed as a child placing agency by the state of Missouri.
2. (C) The contractor’s case management program must be accredited by one (1) or more of the following national accrediting bodies: the Council on Accreditation (COA); the Joint Commission; or the Commission on Accreditation of Rehabilitation Facilities. The Children’s Division will accept proof of accreditation in good standing as prima facie evidence of completion of the requirements for licensure under sections 210.481 to 210.511, RSMo, only as provided in 13 CSR 35-35.140.

3. (D) The contractor must have personnel available to the Children’s Division, out-of-home care providers, juvenile court personnel, guardians ad litems, and children in out-of-home care twenty-four (24) hours a day, seven (7) days a week.

   1. 1. The contractor’s case manager must provide services

after normal working hours and on weekends as necessary.

1. (E) A case manager’s caseload may not exceed COA standards.
2. (F) The contractor’s supervisor-to-worker ratio may not exceed COA standards.

1. (9) Children’s Division shall award contracts through a competitive bid process, subject to appropriation.
2. (10) Subject to appropriation, the Children’s Division shall continue to offer contracts in areas of the state where eligible providers are capable of providing a broad range of services. Subject to appropriation, the Children’s Division may consider expansion of the contracts to areas of the state where Children’s Division’s staff caseloads exceed COA standards.

3. (11) The contract may not result in the loss of federal funding. The contractor shall therefore comply with and implement the requirements of all relevant federal and state laws, regulations, and policies including, but not limited to, those listed below which pertain to the child under case management by the contractor. In the event of a discrepancy between the policies of the Children’s Division and federal or state law, the contractor shall comply with the federal or state law–

   1. (A) Missouri rules and regulations governing child placing agencies;
   2. (B) Missouri laws pertaining to the services described in the contract;
   3. (C) The rules of procedure for the juvenile courts;
   4. (D) Any court order pertaining to an assigned case;
   5. (E) Interstate Compact on the Placement of Children/Juveniles;
   6. (F) The Indian Child Welfare Act;
   7. (G) Multi-Ethnic Placement Act of 1994;
   8. (H) Children’s Division written policies pertaining to the services described in the contract;
   9. (I) Children’s Division policy directives to provide services through best child welfare practices;
   10. (J) Children’s Division Federal Program Improvement Plan;
   11. (K) Federal laws, rules, and regulations including, but not limited to, Title IV-E of the Social Security Act, as amended, and the Health Insurance Portability and Accountability Act, as amended;

   12. (L) All federal and state laws and all policies and resolutions of the Missouri Department of Social Services regarding disclosure of confidential information and statements to the public and news media about any case assigned under the terms of the contract.

       1. 1. The contractor’s policies and procedures shall be open to

the public upon request.

1. 2. The contractor is not prohibited from making public

statements about the contractor, general policies and procedures of the contractor, and other issues of public importance not otherwise prohibited by law, regulation, or policy; and

1. (M) Local initiatives pertaining to services which a case manager provides to children in out-of-home placements and their families which have been approved by the Children’s Division state office.

1. (12) All contracts and contractors shall be subject to oversight and inspection by the Missouri Department of Social Services and/or the Children’s Division to assure compliance with standards which shall be consistent with applicable federal standards, but not less than the standards and policies utilized by the Children’s Division. The contractor shall allow reasonable and timely site visits by the Missouri Department of Social Services and/or the Children’s Division.

   1. (A) The contractor shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of the contract which are not part of the child’s record for a period of five (5) calendar years following the expiration of the contract. This shall include, but is not limited to, resource records, expenditures, invoices, and other documentation pertaining to payments made under the terms of the contract.
   2. (B) Adequate and complete documentation shall mean the contractor’s records are such that an orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine the contractor’s reported services were, in fact, provided; to whom the services were provided; and the extent and duration of such services. At a minimum, the required records shall consist of service authorization forms and copies of invoices submitted to the Children’s Division for payment.
   3. (C) The contractor’s failure to maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of the contract for a period of five (5) calendar years shall be deemed a material breach of the contract and the contractor shall repay to the Children’s Division all amounts received for any services which are not adequately verified and fully documented by the contractor’s records.
   4. (D) The contractor shall indemnify and hold harmless the state of Missouri, the Missouri Department of Social Services and its agents, officers, and employees from any and all liability, loss, damages, or expenses which the Missouri Department of Social Services, the Children’s Division, or the state of Missouri may sustain, incur, or be required to pay by reason of any person’s injury, death, property loss, or damage sustained and/or suffered because of any act or omission by the contractor, its employees, or subcontractors that results from violation of a law, regulation, or policy of the Missouri Department of Social Services or the Children’s Division. This includes, but is not limited to, court costs and attorney fees incurred by or charged to the Missouri Department of Social Services or the Children’s Division as the result of such act or omission by the contractor, its officers, employees, agents, representatives, or subcontractors.
   5. (E) In the event the court finds the contractor liable for sanctions or otherwise holds the contractor in contempt as a result of the contractor’s violation of any law, rule, court order, or procedure or policy of Missouri Department of Social Services or the Children’s Division, the contractor shall be solely responsible for the payment of any fines, penalties, or sanctions, including attorney fees and costs, that arise under any such action. Additionally, the contractor shall save, indemnify, and hold the state of Missouri harmless, including its agencies, employees, and assigns, from every expense, liability, or payment arising out of such sanction, fine, or penalty assessed against the contractor or against the Missouri Department of Social Services, the Children’s Division, or the department’s Division of Legal Services as a result of the actions of the contractor, including court costs, attorney fees, and litigation expenses.

2. (13) The Children’s Division shall monitor and evaluate contractors based on objective, consistent, and performance-based criteria as provided in both 13 CSR 35-35.100 and the contract. In the event of a conflict between 13 CSR 35-35.100 and the contract, the regulation shall prevail over the contract.

   1. (A) A percentage of children under the jurisdiction of the juvenile court and in the care of the contractor must achieve permanency within a twelve (12)-month period as specified in the contract. For purposes of this section, permanency shall be defined as reunification with the child’s parent(s), reunification with the child’s guardian(s), a finalized adoption, or the establishment of a legal guardianship for the child.
   2. (B) A percentage of children under the jurisdiction of the juvenile court and in the care of the contractor must not have substantiated child abuse/neglect reports with the out-of-home care provider listed as the perpetrator within a twelve (12)- month period as specified in the contract.
   3. (C) A percentage of children under the jurisdiction of the juvenile court and in the care of the contractor must not reenter Children’s Division custody or supervision within twelve

3. (12) months of their previous exit from such custody or within twelve (12) months of the date of reunification as specified in the contract.

   1. (D) Children in the custody of, or under the supervision of, the Children’s Division and whose cases are being managed by the contractor must receive comprehensive and quality services as measured by the evaluation tool set forth in 13 CSR 35-35.100.
4. (14) The contractor shall participate and cooperate with any program evaluation and improvement plan, including on-going record keeping, evaluation, and reporting in accordance with the program evaluation design, and preparation for, and participation in, the federal Child and Family Service Review, or any other performance initiative required of, or by, the Children’s Division. Any program evaluation will include the same outcome measures for the contractors and the Children’s Division within a specified region.
5. (15) If the contractor does not comply with its obligations under this regulation, or breaches its contract with the Children’s Division, or the Children’s Division has reasonable cause to suspect that any child or children’s safety or welfare may be at risk the Children’s Division shall have the discretion to halt new referrals of cases to the contractor, transfer cases to other performing providers, terminate the contract, and seek any remedies which may be available in law and equity for breach of contract. The Children’s Division may take immediate action as the Children’s Division in its discretion may deem necessary to ensure the safety, welfare, and best interests of children served by the contractor. If the Children’s Division determines that the contractor has failed to meet the outcome measures specified in the contract, the Children’s Division may reduce the contractor’s caseload or cancel the contract in its entirety. The contractor shall be allowed an opportunity to review the outcomes prior to the development of the final outcomes report. The contractor shall be responsible for any updates in the automated case management system which are necessary to correct the outcomes. The Children’s Division shall correct any programming errors identified by the contractor.

6. (16) In addition to those measures authorized in section (15) above, if the contractor does not meet the performance and/or outcome goals specified in the contract and in 13 CSR 35-35.100, or otherwise fails to comply with this regulation, any other laws or regulations, or the contract, the Children’s Division may elect to require the contractor to implement a corrective action plan to remedy any deficiencies in performance. Failure of the contractor to take action as indicated in the practice improvement plan within ninety (90) calendar days, or the number of days specified in the practice improvement plan, shall be considered a breach of contract. Thereafter, the Children’s Division may terminate the contract or pursue any other remedies in law or equity available to the Children’s Division. The written corrective action plan shall address—

   1. (A) Reasons why the goal was not achieved;
   2. (B) Steps taken to meet the goal;
   3. (C) Individual(s) responsible for necessary action; and
   4. (D) Timeframe for meeting the defined goal.
7. (17) All contractors, whether accredited, licensed or not, shall fully comply with the information sharing requirements set forth in 13 CSR 35-35.140(5).

AUTHORITY: sections 207.020 and 660.017, RSMo 2016, section 210.112.8, RSMo Supp. 2021,* and Young v. Children’s Division, State of Missouri Department of Social Services, 284 S.W.3d 553 (Mo. 2009). This rule originally filed as 13 CSR 35-32.020. Original rule filed Feb. 28, 2011, effective Oct. 30, 2011. Emergency amendment filed June 11, 2021, effective July 1, 2021, expired Feb. 24, 2022. Moved to 13 CSR 35-35.120 and amended: Filed June 11, 2021, effective Jan. 30, 2022. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.112, RSMo 2004, amended 2005, 2011, 2018, 2020; and 660.017, RSMo 1993, amended 1995.