PURPOSE: This rule sets forth the requirements for the incorporation, administration and financing of an agency.

1. (1) Each agency shall be incorporated and shall submit to the division its Articles of Incorporation and Certificate of Incorporation.

2. (2) An agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development, and providing its leadership. Voting members of the board of directors shall not be employed by the agency. The governing body shall be responsible for—

   1. (A) Developing and maintaining a program of orientation and training for all new members of the governing body;
   2. (B) Determining the size, selection, function and organization of the governing body;
   3. (C) Keeping minutes of each meeting of the governing body, which shall reflect its actions pertaining to and affecting the care and safety of children;
   4. (D) Meeting as often as necessary, but at least four (4) times a year, to conduct the business of the agency;
   5. (E) Conducting an on-site visit to each facility annually by at least a committee of the governing body;
   6. (F) Ensuring an agency’s continuous compliance with Missouri law and applicable licensing rules;
   7. (G) Ensuring the agency’s continuous compliance with all applicable federal, state or local laws or regulations governing the operation of the agency;
   8. (H) Ensuring that an agency’s standards of practice shall be professional, ethical and responsive to client needs;
   9. (I) Appointing the executive director and delegating responsibility to the director to administer the agency in all of its activities, functions and services;
   10. (J) Performing and retaining a written evaluation of the executive director on an annual basis;
   11. (K) Providing the division a written statement which sets forth the kind and extent of authority delegated to the executive director;
   12. (L) Ensuring that all facilities are maintained, staffed and equipped to implement the agency’s program effectively;
   13. (M) Making available for review by the division the written policies and procedures of the agency, and evaluating the policies and procedures biennially to determine that the interests of children and families are being served;
   14. (N) Meeting with division staff when requested;
   15. (O) Providing written notification to the division within five (5) working days when there is a change of executive directors, board president, or the organizational structure of the agency; and
   16. (P) Reporting a criminal act of an employee in the performance of employment duties to law enforcement and/or the prosecuting attorney and providing immediate oral report followed by a written report to the division five (5) working days after the occurrence of the criminal act that specifies the agency’s corrective action plan.

3. (3) Financial Management.

   1. (A) The governing body shall approve an annual budget which shall be on file at the agency and submitted to the licensing unit.
   2. (B) The agency shall be audited annually by an independent certified public accountant and a copy shall be submitted to the division.

AUTHORITY: section 210.506, RSMo 2000.* This rule originally filed as 13 CSR 40- 71.040. Original rule filed Nov. 9, 1978, effective Feb. 11, 1979. 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 35-71.040 and amended: Filed July 25, 2008, effective Jan. 30, 2009. *Original authority: 210.506, RSMo 1982, amended 1993, 1995.