PURPOSE: This rule explains what physical and environmental conditions are required for licensing. It further describes sleeping arrangements and fire and safety requirements.

1. (1) General Requirements.

   1. (A) The foster parent(s) shall be so located that they have access to schools, recreational, religious, or other community resources.
   2. (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.
   3. (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.
   4. (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.
   5. (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.
   6. (F) The interior of the home shall be free from an accumulation of visible dirt and any evidence of vermin and rodent infestations.
   7. (G) All rooms shall have proper lighting and ventilation. Windows and doors shall be screened as needed unless the area is air conditioned.
   8. (H) All interior doors shall be designed to permit the opening of a locked door from the outside in an emergency.
   9. (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.

   10. (J) Household swimming pools shall include the following safety requirements:

       1. 1. A barrier on all sides;
       2. 2. Access to the pool must have their methods of access

through the barrier equipped with a safety device, such as a bolt lock;

1. 3. Swimming pools must be equipped with a life saving

device, such as a ring buoy;

1. 4. If the swimming pool cannot be emptied after each use,

the pool must have a working pump and filtering system; and

1. 5. Hot tubs and spas must have safety covers that are

locked when not in use.

1. (K) Mobile Homes.

   1. 1. There shall be an exit(s) at each end(s) of the home.
   2. 2. The mobile home shall be skirted with latticed or solid

skirting and securely anchored by cable to the ground.

1. (L) The home shall have an operating kitchen facility.
2. (M) The home shall have at least one (1) toilet, sink, and tub or shower in operating condition.
3. (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.

4. (O) All foster parents, household members, and guests shall not use or possess illegal substances, marijuana, marijuanainfused 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. 1. The foster home when a child in division custody is

placed in the home;

1. 2. A vehicle when transporting a child in division custody;

or

1. 3. The presence of a child in division custody.
2. (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.
3. (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.
4. (R) Foster parents and household members shall not use marijuana or marijuana-infused products, or other legal substances (including alcohol or prescription or nonprescription drugs) if it creates an unsafe environment for the child, as determined by the division.
5. (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.
6. (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).
7. (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.

1. (2) Sleeping Arrangements.

   1. (A) Foster children shall not be permitted to sleep in any building, apartment, or other structure which is separate from the foster family home; nor shall any foster child be permitted to sleep in an unfinished attic, in an unfinished basement, or in a hall or any other room which is normally used for a purpose other than sleeping arrangements.
   2. (B) Foster children shall not be permitted to sleep in finished basement bedrooms or in bedrooms above the second floor of a single family dwelling unless suitable provision has been made for heating, ventilation, and humidity control and all exits from these bedrooms have been approved by the division.
   3. (C) At night a responsible adult shall sleep within call of the foster children.
   4. (D) Foster children of the opposite sex, who are six (6) years of age or older, shall not sleep in the same room. The best interest of the child in terms of safety and appropriateness must be considered with the age of any child.
   5. (E) Except as provided in subsection (F) below, foster children shall not sleep in the bedroom of an adult age twenty-one (21) years and older.
   6. (F) Foster children two (2) years of age or older shall not sleep in the bedroom of the foster parents except for special temporary care, such as during a child’s illness.
   7. (G) Foster children, including infants, shall never co-sleep or bed-share with foster parents.
   8. (H) Each bed or crib shall be of a size as to insure comfort of the foster child, shall have a firm mattress or an orthopedic supportive surface, in good, clean condition with waterproof covering, if needed, and suitable covers adequate to the season. All sleeping environments and practices for infants shall be consistent with safe sleep practices as determined by the division.
   9. (I) Each foster child under age two (2) shall have a separate bed. Each foster child over age two (2) shall have bed space equivalent to one-half (1/2) of a full-size bed. The abuse and neglect history of each child should be taken into consideration before allowing a child to share a bed with another child.
   10. (J) Separate and accessible drawer space for personal belongings and closet space for clothing shall be available for each foster child.
   11. (K) There shall be no surveillance cameras in areas of the home that violate the privacy of the foster youth, including, but not limited to, bathrooms and dressing areas.

2. (3) Fire and Safety Requirements.

   1. (A) All foster homes shall have a working telephone in the home or an agency approved form of emergency contact.
   2. (B) In all foster homes the telephone numbers of the fire department, police, doctor, and ambulance shall be posted at all times. The house number shall be plainly visible from the street in case of emergency.
   3. (C) The foster family shall have a plan for evacuation in case of fire. Foster children shall be instructed in the evacuation plan. The plan shall be posted. Fire drills shall be held.
   4. (D) Every room used for sleeping, living, or dining purposes shall have at least two (2) means of exit. At least one (1) of which shall be a door or stairway providing a means of unobstructed travel to the outside. An operable window will be considered as one (1) means of exit.
   5. (E) No room or space shall be occupied for living or sleeping purposes which is accessible only by a ladder, folding stairs, or through a trap door.
   6. (F) In apartment buildings where the foster family residence is on the second floor or above there shall be an exit stairway.
   7. (G) An operable smoke detector, with battery installed, shall be installed at a location where sleeping areas can be alerted.
   8. (H) A charged portable ABC fire extinguisher of at least five

3. (5) pound capacity shall be located near the kitchen area.

   1. (I) Heating appliances shall not be located in a place which blocks escape in case of malfunctioning which could result in a fire.
   2. (J) Fireplaces, wood stoves, heaters, radiators, or floor furnaces shall be protected as required by the fire inspector.
   3. (K) A carbon monoxide detector shall be required in all homes with gas appliances.
   4. (L) The foster family shall maintain first aid supplies.

4. (4) Firearms Requirements.

   1. (A) Any and all firearms and ammunition not being carried on one’s person shall be stored in locked areas or cabinets using keys or other locking mechanisms so as to be inaccessible to children.

   2. (B) Firearms and ammunition on one’s person in the presence of a foster child shall be held in a secured holster and not accessible to children subject to the following:

      1. 1. No firearms shall be present in any vehicle transporting

foster children unless the firearms are—

1. A. In a locked glove box;
2. B. In a locked container; or
3. C. In a secure holster inaccessible to children, when

carried or concealed on a person possessing a concealed carry permit.

1. 2. An exception to subparagraphs (4)(B)1.A. through C. of

this rule will be made for any governmental law enforcement employee transporting a foster child who must carry firearms and ammunition as part of their job responsibilities.

1. (C) No firearms possessed in violation of a state or federal law or a local government ordinance shall be present at any time in the home, on any household member, or in any vehicle in which the children are riding.

2. (D) Firearms and ammunition storage shall be made available for external viewing by Children’s Division staff to assure firearms and ammunition are inaccessible to children. External viewing by Children’s Division shall occur upon reasonable notice during reasonable hours for the purpose of foster home licensure, re-licensure, and quarterly visits. This rule shall not prohibit or hinder the Children’s Division’s ability to assure the safety and wellbeing of children and children’s living conditions. Firearms and ammunition storage shall be available for external viewing without prior notice as part of the periodic visits to the foster child’s home by the foster child’s legal custodian or if—

   1. 1. There is a reasonable basis to believe there is a violation

of subsections (4)(A) through (C) of this rule; or

1. 2. There are allegations of child abuse or neglect.

AUTHORITY: sections 207.020, 210.506, and 660.017, RSMo 2016.* Original rule filed July 18, 2006, effective Jan. 30, 2007. Amended: Filed Sept. 15, 2015, effective March 30, 2016. Amended: Filed June 22, 2020, effective Jan. 30, 2021.

*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.506, RSMo 1982, amended 1993, 1995; and 660.017, RSMo 1993, amended 1995.