Mo. Code Regs. Ann. tit. 13, § 40-71.045
Personnel
Effective Jun 6, 1994sections 210.150 and 210.152, RSMo (Cum. Supp. 1991), 210.481 and 210.511, RSMo (1986) and 210.486 and 210.506, RSMo (Cum. Supp. 1993).* 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. *Original authority: 210.150, RSMo (1975), amended 1980, 1982, 1985, 1986, 1988, 1991; 210.481, RSMo (1982), amended 1985 and 210.486 and 210.506, RSMo (1982), amended 1993; and 210.511, RSMo (1982)Family Support Division
PURPOSE: This rule sets forth the requirements for child abuse/neglect checks, medical examinations, personnel records, job descriptions and staff orientation and training.
(1) General Requirements.
- (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.
- (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.
- (C) The agency shall require that each employee secure and provide to the agency a Criminal Records Check from a state or local law enforcement agency.
- (D) 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.
- (E) 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; employer 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. All references shall be 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.
(2) Child Abuse and Neglect Central Registry Unit (CRU) Checks.
- (A) The agency shall request from the division a check of the Child Abuse and Neglect CRU to determine whether a child abuse or neglect report, or both, has been received on staff members and volunteers working directly with children. The CRU checks shall be submitted either at the time of employment or within ten (10) days following employment. Results of the checks shall be on file at the agency.
- (B) The agency shall require each staff person to read and sign a statement defining child abuse and neglect and outlining responsibilities to report all child abuse and neglect incidents as required by statute.
(3) Medical Examinations.
- (A) All persons employed by an agency who work directly with children 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 physical 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.
- (B) Medical examination reports shall include a tuberculin skin test, a chest X ray or appropriate follow-up of a previous examination that indicates the individual is free of contagion.
- (C) Staff shall be free of any conditions which would adversely affect their ability to care for children or pose a threat to children.
- (D) If the division has reason to question the capabilities of any person working directly with children, the division may require additional examinations.
(4) Personnel Records. Personnel records shall be maintained for each staff member and shall include:
- (A) Verification of education and experience;
- (B) Verification of the names of three (3) persons, unrelated to the staff member, who can provide character references;
- (C) Verification of employer references for the past five (5) years and a history of any previous employment in child care settings;
- (D) A copy of the job description signed by the employee;
- (E) Reports of initial and subsequent physical examinations;
- (F) Results of checks of the Child Abuse and Neglect CRU;
- (G) The date of employment, date of separation, reason(s) for separation;
- (H) Copies of an initial six (6) months’ performance evaluation and each subsequent annual evaluation; and
- (I) Results of the Criminal Records Check.
- (5) 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.
(6) Staff Orientation. Immediately before or following appointment, a staff member 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:
- (A) Agency philosophy and history;
- (B) Agency policies;
- (C) Agency staff roles;
- (D) The family’s role in the child’s care and the worker’s role and responsibilities in relation to the family;
- (E) Complete description of the agency’s program model;
- (F) Health and safety procedures, including the use of universal health care precautions;
- (G) Crisis intervention procedures;
- (H) Recordkeeping requirements;
- (I) Cultural diversity;
- (J) Separation and attachment issues;
- (K) Confidentiality;
- (L) Substance abuse;
- (M) Recognition of suicidal tendencies and appropriate intervention;
- (N) The procedure for identifying and reporting child abuse or neglect, or both, in accordance with sections 210.110-210.165, RSMo; and
- (O) Agency recreation program philosophy, policy, procedures, rules and expectations.
(7) Staff Training.
(A) An agency shall establish and submit to the licensing unit an annual written plan for at least forty (40) hours of training each year for the executive director, child care staff, professional staff, and recreation and activity staff. All training must be documented with the dates, location, the subject and the name of the person(s) who conducted the training. 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.
- (B) The training plan shall include, but
not be limited to:
- 1. Developmental needs of children;
- 2. Child management techniques;
- 3. Basic group dynamics;
- 4. Appropriate discipline, crisis inter-
vention, de-escalation techniques and behavior management techniques;
- 5. The direct care and professional staff
roles in the facility;
- 6. Interpersonal communication;
- 7. Proper, safe methods and techniques
of restraint;
- 8. First aid and cardiopulmonary resus-
citation (CPR) training; and
- 9. Suicide prevention.
AUTHORITY: sections 210.150 and 210.152, RSMo (Cum. Supp. 1991), 210.481 and 210.511, RSMo (1986) and 210.486 and 210.506, RSMo (Cum. Supp. 1993).* 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. *Original authority: 210.150, RSMo (1975), amended 1980, 1982, 1985, 1986, 1988, 1991; 210.481, RSMo (1982), amended 1985 and 210.486 and 210.506, RSMo (1982), amended 1993; and 210.511, RSMo (1982).