PURPOSE: This rule sets forth the requirements for child abuse/neglect and criminal background screenings, medical examinations, personnel records, job descriptions, and staff orientation and training.

1. (1) General Requirements.

   1. (A) The agency shall have a written statement of personnel practices which are approved by the governing body and provided to all staff at the time of employment.
   2. (B) The agency shall evaluate and investigate application information carefully to determine whether employment of an applicant is in the best interests of the children in care.
   3. (C) The agency shall require that each employee, intern, volunteer, and any contracted personnel secure and provide to the agency upon initial employment and annually thereafter, a child abuse/neglect and criminal background screening utilizing the family care safety registry from the Department of Health and Senior Services.
   4. (D) Any employee who resides in another state and works in the state of Missouri, or who has relocated to the state of Missouri within the last five (5) years, shall provide documentation of background screening(s) from those states to include, but not limited to, child abuse/neglect and criminal background screening check(s). When an employee who lived in another state or states within the last five (5) years now resides in the state of Missouri, the documentation of child abuse/neglect and criminal background screenings check(s) from the previous state(s) only needs to be completed upon initial employment. If the employee continues to reside in another state, the out-of-state check shall be done annually. An agency shall exclude from employment (effective August 4, 2008) staff who are found guilty, plead guilty, or plead no contest to felony crimes against persons as specified in Chapters 565, 566, 567, 568, and 573, RSMo, and (effective the date of this amendment) felony possession, delivery, distribution, manufacturing, or production of controlled substance crimes as specified in Chapter 195, RSMo, or the same serious crimes against persons regardless of the state or country in which the crime was committed and/or court adjudicated, probable cause, and/or preponderance of evidence child sexual abuse and/or serious child physical abuse and/or serious child neglect. An agency shall also exclude from employment persons who are on the respective Department of Health and Senior Services and/or the Department of Mental Health lists that exclude child or adult care employment and/or licensure.
   5. (E) If an employee is hired with a child abuse/neglect/criminal history that does not otherwise exclude the employee from employment, the agency administrator/executive director shall document in writing in the employee’s file the reason for hiring the employee and how children in residence at the operating site will be protected.
   6. (F) Prior to the employment of any person for a position requiring credit hours, a degree, or both from an accredited college or university, a resume and an official college transcript, or a copy of the diploma, shall be on file at the agency. Any person employed in a position requiring general educational development certificate or high school diploma shall provide documentation of such within thirty (30) days of employment.
   7. (G) An agency shall require the names of at least three (3) persons for each staff person, who are unrelated to the staff member, who can provide character references.
   8. (H) An agency shall require references for each staff person from all previous employers within the last five (5) years and a history of any previous employment in child care settings.
   9. (I) All references shall be contacted and documented by the agency with letters or verification in the record of verbal contacts, providing the date, person making the contact, and the content of the contact.
   10. (J) The agency shall require an annual driver record check for any staff who transport residents. No staff with a suspended or revoked driver’s license or record of driving while under the influence of alcohol or any other intoxicating substance within the last five (5) years shall transport residents.

2. (2) Medical Examinations.

   1. (A) All employees, interns, volunteers, and contracted personnel shall be free of signs of highly communicable disease or other evidence of ill health which poses a threat to children. This shall be verified by a medical examination by a licensed physician, certified nurse practitioner, advanced practice nurse in a collaborative practice agreement with a licensed physician, or a registered nurse who is under the supervision of a licensed physician before employment, or within ten (10) days following employment, and biennially thereafter.
   2. (B) Medical examinations shall include tests and/or procedures that indicate they are free from communicable disease including, but not limited to, tuberculosis and hepatitis when recommended by a licensed physician.
   3. (C) Staff shall be free of any conditions which would adversely affect their ability to care for, or pose a threat to children.
   4. (D) If the division has reason to question the capabilities of any person working directly with children, the division may require additional examinations.

3. (3) Personnel Records. Personnel records shall be maintained for each employee, intern, volunteer, and contracted employee as indicated below.

   1. (A) For an employee, the personnel record shall include—

      1. 1. Verification of education and experi-

ence, and a copy of professional license, if applicable;

1. 2. Verification of the names of three (3)

persons, unrelated to the staff member, who can provide character references;

1. 3. Verification of employer references

for the past five (5) years and a history of any previous employment in child care settings;

1. 4. A copy of the job description signed

and dated by the employee;

1. 5. Reports of initial and biennial medi-

cal examinations that indicate that they appear to be free from communicable disease;

1. 6. Results of annual checks of the fami-

ly care safety registry;

1. 7. Results of background screenings

from other states in which employees have resided and/or have lived or worked within the past five (5) years, including an annual out-of-state check if the person resides in another state;

1. 8. The date of employment, date of sep-

aration, reason(s) for separation;

1. 9. Copies of an initial six (6) months’

performance evaluation and each subsequent annual evaluation;

1. 10. Results of an annual driver record

check for any employee, intern, volunteer, and any contracted personnel who transport residents;

1. 11. A signed and dated copy of the con-

fidentiality statement;

1. 12. A signed and dated copy of the dis-

cipline policy;

1. 13. A signed and dated copy of the man-

dated child abuse/neglect reporting policy;

1. 14. A signed and dated copy of an

acknowledgement of receipt of program and personnel policies;

1. 15. A signed and dated copy of the

acknowledgment of completed agency orientation;

1. 16. Documentation of staff training;
2. 17. Documentation of current first

aid/cardio pulmonary resuscitation training and certification; and

1. 18. Documentation of current medical

aid certification, when applicable.

1. (B) Interns, volunteers, and contracted employees who have direct contact with children shall include—

   1. 1. Copy of professional credentials (if

applicable);

1. 2. Documentation of initial and biennial

medical examinations that indicates that they are free from communicable disease including, but not limited to, tuberculosis and hepatitis;

1. 3. Results of annual checks of the fami-

ly care safety registry;

1. 4. Results of background screenings from

other states in which interns/volunteers who have direct contact with children have resided and/or have lived or worked within the past five (5) years, including an annual out-of-state check if the person resides in another state;

1. 5. A signed and dated copy of the con-

tract or any agreement outlining purpose of presence on site;

1. 6. A signed and dated copy of the confi-

dentiality policy;

1. 7. A signed and dated copy of the disci-

pline policy;

1. 8. A signed and dated copy of the man-

dated child abuse/neglect reporting policies;

1. 9. A signed and dated copy of the

acknowledgement of receipt of policies related to their agreement/contract; and

1. 10. Documentation of staff orientation

participation. (4) Job Descriptions. An agency shall establish a written job description for each position, which shall be made available to staff at the time of employment. Each description shall describe the duties and responsibilities of the position; address supervision, required knowledge, skills and abilities, minimum experience, educational requirements; and shall include examples of work performed. Each employee shall be given a copy of the job description for his/her position. A copy of the job description shall be signed and dated by the employee and placed in his/her file.

1. (5) Staff Orientation. Immediately before or within one (1) week following appointment, an employee, intern, volunteer, and any contracted personnel shall be oriented to the agency’s programs, practices, and the duties and expectations of his/her position. The orientation program shall include, but not be limited to:

   1. (A) Agency philosophy and history;
   2. (B) Agency policies;
   3. (C) Agency staff roles;
   4. (D) The family’s role in the child’s care and the worker’s role and responsibilities in relation to the family;
   5. (E) Complete description of the agency’s program model;
   6. (F) Health and safety procedures, including the use of universal health care precautions;
   7. (G) Crisis intervention procedures;
   8. (H) Record keeping requirements;
   9. (I) Cultural diversity;
   10. (J) Separation and attachment issues;
   11. (K) Confidentiality;
   12. (L) Substance abuse;
   13. (M) Recognition of suicidal tendencies and appropriate intervention;
   14. (N) The procedure for identifying and reporting child abuse or neglect, or both, in accordance with sections 210.110–210.165, RSMo;
   15. (O) Agency recreation program philosophy, policy, procedures, rules, and expectations;
   16. (P) Legal rights of children and their families, including basic information on the constitutional rights of children and their families while children are in care and basic information on the Missouri juvenile justice system; and
   17. (Q) Procedures to follow in an emergency.

2. (6) Staff Training.

   1. (A) An agency shall establish and submit to the licensing unit an annual written plan of training each year for all employees and contracted personnel.

      1. 1. Employees and contracted personnel

shall have forty (40) hours of training during 13 CSR 35-71

the first year of employment and forty (40) hours annually each subsequent year; and

1. 2. Direct care staff and immediate super-

visors must maintain certification in a certified medication training program, crisis management, a current recognized and approved physical restraint program (where applicable), first aid, and cardio pulmonary resuscitation.

1. (B) All training must be documented on a training database/training log with the dates, location, subject, number of hours earned and person(s) who conducted the training.
2. (C) The training may include, but not be limited to, short-term courses, seminars, institutes, workshops, and in-service training provided on site by qualified professionals. Activities related to supervision of the staff member’s routine tasks shall not be considered training activities for the purpose of this rule.

3. (D) The training plan shall include, but not be limited to:

   1. 1. Developmental needs of children;
   2. 2. Child management techniques;
   3. 3. Basic group dynamics;
   4. 4. Appropriate discipline, crisis interven-

tion, de-escalation techniques, and behavior management techniques;

1. 5. The direct care and professional staff

roles in the operating site;

1. 6. Interpersonal communication;
2. 7. Proper, safe methods, and techniques

of physical restraint;

1. 8. First aid and cardio pulmonary resus-

citation training;

1. 9. Medication training and/or certifica-

tion;

1. 10. Suicide prevention;
2. 11. Legal rights of children and their

families, including basic information on the constitutional rights of children and their families while children are in care and basic information on the Missouri juvenile justice system; and

1. 12. Water safety for those agencies allow-

ing water activities.

AUTHORITY: section 210.506, RSMo 2000.* This rule originally filed as 13 CSR 40- 71.045. Emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Original rule 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- 71.045 and amended: Filed July 25, 2008, effective Jan. 30, 2009. Amended: Filed Dec. 16, 2013, effective June 30, 2014.

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