PURPOSE: This rule establishes procedures for the submission, investigation and evaluation of criminal and child abuse/neglect records for persons making application or reapplication for licensure, approval or certification as foster, adoptive or relative care providers for the Division of Family Services.

1. (1) Criminal and Child Abuse/Neglect Criminal Record Checks.

   1. (A) All foster, adoptive and relative care providers, prior to being granted licensure/relicensure, approval/reapproval or certification/recertification status, shall submit to the division an application for background screening and investigation upon the form required by the division.

   2. (B) Duties of the Division.

      1. 1. Upon receipt of an application for a

background screening and investigation by the local office of the division, the division shall determine that the application is acceptable for review. An acceptable application is one that contains identifying data and background information that is legible, complete and properly entered on the required form. Applications without required signatures shall not be acceptable.

1. 2. Applications determined to be unac-

ceptable for review shall be returned in their entirety to the applicant within twenty (20) working days. The returned application shall be accompanied by a brief explanation of its deficiency.

1. 3. For acceptable applications, the divi-

sion shall conduct the background screening and investigation.

1. 4. At any time after an application for

background screening and investigation is received, the division may request further 13 CSR 40-59

information from the applicant or provider and delay its review until the information is received or continue the review while awaiting further information from the applicant or provider. If a request for further information is made, the division may refuse to license/relicense, approve/reapprove or certify/recertify the provider who is the subject of the review until the information is reported in full by the provider.

1. 5. Information obtained regarding harm-

ful acts to a child is provided to local division staff who are completing the home study. Findings of harmful acts do not automatically preclude licensure/approval/certification. The relevance of the findings to child-caring responsibilities will be determined by division staff.

AUTHORITY: sections 207.020 and 210.486, RSMo 1986.* Original rule filed March 22, 1990, effective June 28, 1990.

*Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986 and 210.486, RSMo 1986.