PURPOSE: This rule sets forth the requirements for personnel practices, including staff qualifications, staff/child ratios, staff training and nonpaid staff.

1. (1) Employee Qualifications. The agency shall employ staff who are qualified by education, training and experience for their assigned responsibilities. A current employee who has qualified for a position under the previous rule and is serving in that position shall be exempt from meeting any increased requirements defined by these rules.

2. (2) Administrative and Supervisory Personnel.

   1. (A) The agency shall employ staff to perform administrative, supervisory, service and direct care functions which may be combined only upon the approval of the division.
   2. (B) When nondirect care functions have been approved by the division and are combined, the staff member shall meet the requirements for each function.

   3. (C) The administrator shall be at least twenty-five (25) years of age and shall have one (1) of the following:

      1. 1. A master’s degree in social work,

counseling, social work administration, or a related human service degree, from an accredited school and two (2) years’ experience in the management or supervision of child care personnel and programs;

1. 2. A bachelor’s degree in social work or

a human service area of study from an accredited school and four (4) years’ experience in the management or supervision of child care personnel and programs; or

1. 3. If the administrator is responsible

only for personnel, fiscal management and physical facilities, and is not responsible for the programs and services of the institution, the institution may employ an administrator who has a bachelor’s degree from an accredited school and two (2) years’ experience in child care services. However, in this case, the agency shall employ a program director who meets the qualifications set forth in 13 CSR 40-71.070(2)(C)1.

1. (D) When the position of administrator is vacated, the governing body immediately shall designate a qualified person to act as administrator and shall notify the licensing unit.
2. (E) The administrator shall designate in writing a qualified staff to be in charge when s/he is absent.
3. (F) The program director shall have one

1. (1) of the following:

   1. 1. A master’s degree in social work or a

human service area of study from an accredited school; or

1. 2. A bachelor’s degree in social work or

a human service area or study from an accredited school plus two (2) years’ experience in child care services.

1. (3) Professional Personnel.

   1. (A) An agency shall obtain any professional services required for the implementation of the individual service plan of a child when these services are not available from staff.
   2. (B) Professional staff who perform casework or group work tasks, counseling with children and their families, therapeutic services, or planning of services for children and their families, shall have a master’s degree in social work, psychology, counseling or a closely related clinical field from an accredited college. Staff may have a bachelor’s degree in social work, psychology, counseling or a related area of study from an accredited school if s/he is under the direct supervision of a person with a master’s degree in social work, psychology, recreation and expressive therapies, counseling or a closely related clinical field.
   3. (C) Fullor part-time professional staff including psychologists, psychiatrists, social workers, counselor physicians, teachers and nurses, shall meet the licensing or certification requirements of their profession in Missouri.
   4. (D) The agency shall have at least one (1) professional staff for every twenty (20) children in care.
   5. (E) The agency shall designate a supervisor for professional staff when six (6) or more staff are employed. The supervisor shall have at least two (2) years’ clinical experience.

2. (4) Direct Care Staff—Staff/Child Ratios.

   1. (A) Direct care staff shall be responsible, mature individuals of reputable character who exercise sound judgment and display the capacity to provide good care for children.
   2. (B) Direct care staff shall be at least twenty-one (21) years of age and shall have at least a high school diploma or general educational development (GED) certificate. A staffing plan shall be developed which allows for consistency of care through communication between different shifts of care regarding activities or special needs or problems of children.
   3. (C) The ratio of direct care staff to children shall be dependent on the needs of the children, but the staff/child ratio during waking hours shall not be less than one to four (1:4) for infants and children through six (6) years of age.
   4. (D) The staff/child ratio during waking hours shall not be less than one to six (1:6) for children six (6) to eight (8) years of age.
   5. (E) The staff/child ratio during waking hours shall not be less than one to ten (1:10) for children eight (8) years of age and over.
   6. (F) For children over six (6) years of age, the staff/child ratios during sleeping hours, for staff on duty but asleep, shall not be less than one to twelve (1:12). If staff on duty remain awake, a ratio of not less than one to twenty (1:20) shall be required.
   7. (G) Staff in agencies serving children ages birth through six (6) years shall be awake during sleeping hours with a ratio of not less than one to six (1:6).
   8. (H) Any children of live-in staff shall be included in the required staff/child ratios.
   9. (I) The division may require a higher staff/child ratio if on-site review indicates a need for more supervision to maintain control, discipline and adequate care, or the division may approve a lower staff/child ratio if onsite review indicates adequate care, discipline and control can be maintained at a lower staff/child ratio.
   10. (J) Staff/child ratios shall be maintained at all group off-grounds activities.

   11. (K) Agencies employing twelve (12) or more direct care staff shall designate staff to be primarily responsible for supervising, evaluating and monitoring the daily work and progress of the direct care workers who shall have one (1) of the following:

       1. 1. A bachelor’s degree and one (1) year

of work experience in a residential care agency;

1. 2. Two (2) years’ college and two (2)

years’ work experience in a residential care agency; or

1. 3. A high school diploma and four (4)

years’ work experience in a residential care agency.

1. (5) Relief Staff. The agency shall provide planned relief for direct care staff and shall have qualified relief staff to substitute for direct care staff for sick leave, vacation, relief time and other absences.
2. (6) Students. Graduate or undergraduate students in a field work placement at the agency shall be subject to the general personnel policies of the agency, but shall not be considered or used as substitutes for employed staff. 13 CSR 35-71
3. (7) Educational Staff. An agency operating an on grounds school shall demonstrate compliance with the Missouri State Department of Elementary and Secondary Education certification requirements.

4. (8) Recreational and Activity Staff.

   1. (A) The administrator shall develop and coordinate the agency’s recreational and activity programs using staff qualified by experience, education or training, or both, or certified to carry out the program outlined in the recreation plan.
   2. (B) An agency shall assign recreational staff on basis of experience in working with groups of children whose recreational needs and interests vary.
5. (9) Clerical Staff. Clerical staff shall be employed as needed for general clerical duties such as typing, recordkeeping, bookkeeping and filing. Clerical staff shall not supervise or assist in the care of children without being qualified according to these rules.
6. (10) Other Staff. An agency shall employ, as needed, cooks, kitchen helpers, maintenance, custodial and other support staff to perform housekeeping and maintenance functions.

7. (11) Volunteers. If an agency uses volunteers as part of its program of services, the agency shall have written policies which include:

   1. (A) A clear description of the agency’s purposes and goals;
   2. (B) A clear job description for the director of volunteers and for each category of volunteers;
   3. (C) A clear differentiation of functions and activities appropriate for paid staff members and volunteers in policy-making, advocacy, administrative and direct service roles;
   4. (D) A process for screening and selecting volunteers, who have direct contact with children similar to that used for paid staff members;
   5. (E) A defined line of supervision, with clear written expectations of the supervisor and the volunteers;
   6. (F) Orientation, preservice and in-service training activities in the volunteers’ specified roles;
   7. (G) Procedures for monitoring and evaluating volunteer activities and contributions;
   8. (H) Procedures for observing professional ethics and confidentiality;
   9. (I) Procedures for reimbursement of travel and other expenses; and
   10. (J) Procedures for handling conflicts between paid staff members and volunteers.

8. (12) Visiting Resources.

   1. (A) An agency shall have written policies for the use of visiting resources which are approved by the division. The policies shall be made available to a child’s parent(s), guardian or legal custodian and to the child when appropriate.
   2. (B) The agency shall request from the division a check of the Child Abuse and Neglect Central Registry Unit (CRU) to determine whether a child abuse or neglect report, or both, has been received on all visiting resources. Results of the CRU checks shall be on file at the agency.

AUTHORITY: sections 210.481 and 210.511, RSMo (1986), 210.486 and 210.506, RSMo (Cum. Supp. 1993).* This rule originally filed as 13 CSR 40-71.050. 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. Moved to 13 CSR 35-71.050, effective Oct. 30, 2008. *Original authority: 210.481, RSMo (1982), amended 1985; 210.486 and 210.506, RSMo (1982), amended 1993; and 210.511, RSMo (1982).