PURPOSE: This rule clarifies the terms used in the licensing rules for residential care agencies.

1. (1) Chemical restraints are drugs which are prescribed or administered to temporarily restrain a child who presents a likelihood of serious physical harm to him/herself or others.
2. (2) Child is any individual under eighteen
3. (18) years of age as defined in section 210.481(1), RSMo.
4. (3) Child abuse/neglect background check is, at a minimum, a search of the Family Care Safety Registry for residential child care agency staff child abuse/neglect history pursuant to sections 210.903 through 210.936, RSMo.
5. (4) Criminal background check is, at a minimum, a search of the Family Care Safety Registry for residential child care agency staff criminal history pursuant to sections 210.903 through 210.936, RSMo.
6. (5) Director is the director of the Children’s Division.
7. (6) Division is the Children’s Division of the Department of Social Services of Missouri as defined in section 210.481(3), RSMo.
8. (7) Facility is any building of a licensed agency in which children reside.
9. (8) Family Care Safety Registry pursuant to sections 210.903 through 210.936, RSMo, is established to protect children, the elderly, and disabled individuals in the state and to promote community safety by providing information concerning family caregivers as established within the Department of Health and Senior Services. The registry contains information on child-care workers’ and personal-care workers’ background and childcare, elder-care, and personal-care providers as specified in section 210.903.2(1)–(8), RSMo.
10. (9) Intensive residential treatment is provided in a living unit of an agency for gravely, emotionally disturbed youth that has the capability of providing a highly structured and secure environment to prevent runaway behavior, address the likelihood of rage and physical aggression, and minimizes the likelihood of youth injuring themselves or others. Intensive residential treatment may be achieved through a combination of staffing patterns, architectural design of the facility, electronic monitoring of the facility and its exits, or other means necessary to assure safety.
11. (10) License is the legal document issued to an agency by the division for a period not to exceed two (2) years which authorizes the agency to provide twenty-four (24)-hour care for children, subject to compliance with sections 2l0.481–210.536, RSMo, and the applicable rules promulgated by the division (section 210.481(6), RSMo).
12. (11) Mechanical restraints are any device, instrument, or physical object used to confine or limit a child’s freedom of movement, except when necessary for orthopedic, surgical, and other medical purposes, or when necessary, to transport a child that may abscond or cause injury during transportation. Support devices used in normal situations to achieve proper body position and balance are not mechanical restraints.
13. (12) Physical restraint is physical holding involving restriction of a child’s voluntary movement to temporarily restrain an agitated, violent, or aggressive child who presents a likelihood of serious physical harm to him/herself or others or of doing serious property damage.
14. (13) Residential care agency is an agency providing twenty-four (24)-hour care and treatment to children who are unrelated to the person operating the agency and who are unattended by a parent or guardian (as defined in section 210.481(10), RSMo, as residential care facility).
15. (14) Social services is the provision of direct services, by plan, to the child and family to identify and resolve problems which negatively have affected his/her development, behavior, and social functioning.
16. (15) Staff are persons employed by an agency. 13 CSR 35-71
17. (16) Transitional living services are services provided to older adolescents that combine life skills training with opportunities to practice same. The goal of such services is to prepare the youth for successful adult living in the community upon their discharge from residential care.
18. (17) Volunteer is any person who provides direct services to children within an agency, either on or off the premises, without financial compensation.

19. (18) Well-known religious order, church, and religious organization are defined as follows:

    1. (A) A church, synagogue, or mosque;
    2. (B) An entity that would qualify for federal tax exempt status as a not-for-profit religious organization under section 501(c) of the Internal Revenue Code of 1954; or
    3. (C) An entity where the real property on which the child care facility is located is exempt from local taxation because it is used for religious purposes.

AUTHORITY: section 210.506, RSMo 2000.* This rule originally filed as 13 CSR 40- 71.010. Original rule filed May 9, 1956, effective May 19, 1956. Refiled March 12, 1976. Rescinded and readopted: Filed Nov. 8, 1978, effective Feb. 11, 1979. Rescinded and readopted: Filed Oct. 13, 1982, effective Jan. 13, 1983. Amended: Filed Oct. 7, 1987, effective March 25, 1988. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Emergency amendment filed July 25, 2008, effective Aug. 4, 2008, expired Jan. 30, 2009. Moved to 13 CSR 35-71.010 and amended: Filed July 25, 2008, effective Jan. 30, 2009.

*Original authority: 210.506, RSMo 1982, amended 1993, 1995.