Mo. Code Regs. Ann. tit. 13, § 40-72.010
PURPOSE: Section 210.246, RSMo makes it unlawful for any person to establish or operate a residential care facility without having in full force a written license granted by the Missouri Division of Family Services. This rule establishes requirements which a group home must meet in order to qualify for a license. Group homes are small residential programs caring for twelve or less children.
PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.
(1) Legal Basis for Licensing. The Division of Family Services has responsibility for licensing those persons offering care to groups of children. The primary purpose of licensure is the protection of children. Sections 210.481–210.536, RSMo provide for the defining, licensing, inspection and regulation of group care for children. The law directs the division to publish rules for the licensing of residential facilities and to assist the agencies, groups or individuals subject to licensing in meeting these requirements for group child care.
(A) Definitions.
under the age of eighteen (18) and the word children means more than one (1) such individual.
partnership, association, firm, agency or institution acting in concert regardless of the name used.
Division of Family Services.
Services.
a maximum of two (2) years to a person authorizing him/her to provide care for children, subject to his/her compliance with the law and applicable rules published by the division.
newable legal document issued by the division, for a maximum of six (6) months, to a group home which is not currently meeting requirements for full licensure in accordance with sections 210.481–210.536, RSMo and applicable rules promulgated and issued by the division.
provide twenty-four (24)-hour care in their home to a group of children not related to them by blood, marriage or adoption.
employed to provide care and supervision for the children in the group home.
employees other than foster parents and child care staff.
and religious organization are defined as follows:
federal tax exempt status as a not-for-profit religious organization under Section 501(c) of the Internal Revenue Code of 1954; or
on which the child care facility is located is exempt from local taxation because it is used for religious purposes.
11. Types of care are—
vate home of foster parents who provide twenty-four (24)-hour care for seven to twelve (7–12) children under the custody and supervision of the division only. This type of care is not recommended for any child under the age of six (6) years;
home. A private home, independent of any agency auspices, of foster parents who provide twenty-four (24)-hour care for seven to twelve (7–12) children in the custody of parents, relatives, guardian or agencies. This type of care is not recommended for any child under the age of six (6) years;
home operated by a licensed child caring or child placing agency in a single dwelling or apartment owned, rented or leased by the agency. Child care staff are employed by the parent agency to provide twenty-four (24)- hour care for twelve (12) children or less. This type of care is not recommended for any child under the age of six (6) years; and 13 CSR 40-72
home privately operated by a person in a single dwelling or apartment which is owned, rented or leased by the person. Child care staff are employed to provide twenty-four (24)-hour care for twelve (12) children or less. This type of care is not recommended for any child under the age of six (6) years.
(2) Rules for Foster Family and Independent Foster Family Group Homes.
(A) Basic Requirements for Foster Families.
characteristics and have experienced relationships which will make it possible for them to perform the responsibilities entailed in caring for children. Foster parents shall be individuals who demonstrate affection, an ability to care for children and to be responsive to their needs, who can enjoy being foster parents; who can accept the individuality of each child; who give of themselves without expecting immediate returns; who have satisfactory interpersonal relationships; who have emotional stability and are able to function in relation to family responsibilities and employment; who have maturity and good physical health to enable them to provide appropriate care for children; who have a reputable character, values and ethical standards conducive to the well-being of children; who show flexibility in their ability to change their expectations, attitudes and behavior in relation to the needs and problems of children; who show ability to help in meeting problems of family living; to recognize the need for and who have the ability to accept a child’s relationship with his/her parents or a social agency or both.
at least one to six (1:6).
the foster family shall be such as to assure a favorable influence and atmosphere for the children accepted for care.
members of the foster family as to the advisability of the sharing of their home for twenty-four (24)-hour care with a group of children not related to the family.
cally self-sufficient.
ences shall attest to the characteristics, motivations and abilities of the foster family offering twenty-four (24)-hour care to children.
members.
and employed staff shall pass a complete physical examination within six (6) months prior to application. Their physician shall provide a statement that each employee or member of the family is free from communicable disease. A tuberculin test and/or chest X ray shall be completed if recommended by the physician.
and employed staff must be determined by a physician to be in good physical and mental health. The licensing agency shall review the examination reports.
examination is required every two (2) years. If the licensing agency has reason to question the physical or mental health of any member of the foster family or employed staff, the agency may require a mental or physical examination more frequently.
mum of twelve (12) children, including any children of the foster family. The number of children in residence at any given time shall not exceed the number for which it is licensed.
be gainfully employed.
(B) Care of the Child in the Group Home.
shall be made available to the children in the group home. Services include: family counseling; preventive and therapeutic medical services; psychological services; psychiatric services; remedial education; vocational counseling; recreation; and any other indicated social services.
2. Physical care.
dental care shall be negotiated between the placing agency and group facility before admission of the child to the group facility.
services of licensed physician.
hospital care when recommended by a physician.
correction or treatment of all remedial defects.
physical examination, including any necessary tests or inoculations, immediately before admission and at least annually thereafter. Results of the physical examinations shall be on file in the group home.
tal examinations and any necessary correction of teeth or mouth shall be begun.
readily available and foster parents shall be knowledgeable of its use.
lished to insure good hygiene.
C. Nutrition.
tity shall be served and meet Department of Health’s dietary standards.
approved by the Department of Health. All milk shall be pasteurized.
snacks shall be provided and may be part of the daily food needs.
be established.
pared, served and stored under the conditions acceptable to Department of Health’s rules.
D. Clothing.
shall be of good quality and quantity.
group homes shall be similar to that worn by children in average homes in the community.
participate in the selection of their own clothing.
3. Education.
legal requirements regarding school attendance and child labor.
priate training opportunities, or both, shall be made available to all children in group homes.
dren shall be given the opportunity to attend the church of their choice, subject to parental approval of the biological parents.
5. Discipline.
structive, fair and consistent manner.
and related to the individual needs and behavior of the child.
ishment shall be used; for example, no child shall be confined in any dark spaces.
used.
meals as punishment.
home shall provide for leisure time programs and activities.
7. Earning and spending money.
opportunities for experience in earning or spending money or both based on age and individual requirements.
opportunities to earn money are not available.
8. Supervision.
able at all times. When there are more than six (6) children in residence with only one (1) foster parent, there shall be a plan for an assistant to be on call if there is an emergency.
parents provide for relief help in order that they may have some time away from the children and for themselves alone. Meeting the constant demands in daily care in a group of children can be an exhausting and exacting business. Time off allows for rest and the ability to remain alert and responsive.
ported in the foster family car, provision shall be made for proper insurance coverage. Safety locks on doors and a seat belt for each child should be provided.
(C) Physical Facility.
1. General requirements.
neighborhood that is readily accessible to school, recreational, religious and other community resources. Suitable indoor and outdoor play space shall be available to children of the appropriate age.
roundings used in whole or in part as a group home shall comply with all applicable state and local building, sanitation, zoning, fire and safety regulations.
enough to provide living accommodations for all residents and shall be suitably furnished and equipped.
sanitary condition and good repair.
facilities shall be provided and shall comply with Department of Health’s requirements.
guarded against insects and rodents.
other mechanical systems, home appliances and outlets shall be designed and maintained so that under normal conditions of use danger to the health and safety of the children from that equipment will be held to a minimum.
and ventilated.
(2) toilets for the children and one (1) tub or shower for each six (6) children. Separate bathing and toilet facilities should be provided for boys and girls where practical.
with space and equipment to serve all residents at the same time.
provide for food preparation, storage and service.
emergency instructions posted nearby for fire, police and medical assistance.
for evacuation of the group home in case of fire. Written instructions for evacuation should be posted in a conspicuous place and fire drills shall be held monthly to assure efficient evacuation of the facility in case of emergency. Children shall be instructed in the evacuation plan at time of admission.
2. Sleeping rooms.
sleep in the same room.
rooms and shall be above the lowest level of the ground.
bed with a space of at least three feet (3') on all sides of the bed except where it touches the wall.
shall be prohibited.
that night supervision will be available at all times.
for personal belongings and closet space for clothing shall be available for each child.
(D) Records and Reports.
child and to enable communication with the parents or person responsible for the child in the foster family group home and in an emergency situation. These shall include: child’s name, birth date and the date of admission; full name of both parents, or person or agency responsible for the child, family’s home address, work addresses, hours of work and telephone numbers; a written plan which outlines the steps necessary to obtain emergency care for the child and a written consent from the parent, person or agency responsible for the child giving permission to proceed with any routine and ordinary medical care; instructions for reaching the parent(s), guardian or agency; name, address and telephone number of the child’s or family’s physician or both; financial arrangements with the parents or others, including the rate of pay for care; record of all physical examinations, immunizations and other pertinent health information; record of any accidents, illnesses or unusual situation.
mitted as required.
(3) Rules for Independent and Satellite Group Homes.
(A) Incorporation and Bylaws. The group home or its parent body shall be incorporated. Bylaws shall be written and usually include the following:
as stated in the articles of incorporation;
ings, requirements regarding board members’ attendance at meetings and number necessary for a quorum;
tion of the board of directors;
tees and staff; and
(B) The Board of Directors.
parent agency of a satellite group home shall have a governing board which is representative of the community. The sources of an independent group home or satellite group home’s financing, the geographical area it encompasses and the groups that it serves determine to some extend the desirable composition of its board.
essary to conduct the business of the agency, but at least three (3) times annually.
3. Functions of the board shall include:
well-qualified administrator to provide a program for children according to policies set forth by the board.
ty program;
reviewing the general program plans and policies of the group home: operating procedures such as intake, release and day-to-day operations of the group home; job descriptions and responsibilities of all staff; personnel policies which include action to be taken regarding hiring, suspension, termination and any appeal procedures available; and
sentation and interpretation of the group home’s services.
(C) Finances.
which will provide a quality program of services for the group home.
by a certified public accountant shall be made available to the division upon request. The 13 CSR 40-72
division shall hold all these statements confidential.
shall be prepared and approved by the board before the beginning of each year.
(D) Personnel and Personnel Practices. Administration shall establish personnel policies and practices in compliance with the following guidelines:
When an administrator or project director is appointed by the board of directors, s/he shall—
or experience or both in the child care field;
in full charge of management of the group home in accordance with policies and procedures established by the board;
work with children;
in the formulation of policies and procedures and make reports regularly to the board;
tation to the board of all appropriate state laws and rules for child caring facilities;
ued education and professional growth of staff; and
maintaining good working relationships with other social agencies and, along with the board members, provide interpretation of the group home’s program to the community;
2. Social work staff.
shall have the responsibility to see that social services are provided to each child in care and his/her family.
the group home, s/he, as a minimum, shall have graduated from an accredited four (4)- year college or university. Supervision or consultation shall be provided by an individual who has achieved a graduate degree in social work or related behavioral sciences;
and selection of child care staff, careful consideration shall be given tot he implications of having staff’s biological children living in the group home.
genuine liking for young people and some understanding of their problems; practical experience in working with children; the ability to give of themselves without demanding a warm response from the children; good physical health with no disqualifying physical or mental handicaps; emotional maturity; flexibility; a sense of humor; commitment to helping problem youth; the ability to tolerate demanding and sometimes annoying behavior; the ability to set limits and have reasonable expectations of the children; the ability to work with the administrator or project director and other staff members to understand and evaluate the children to make plans for the child’s treatment or living program, and to carry out these plans; and the ability to communicate effectively with the children’s parents and community groups.
twenty-one (21) years of age.
two (2) work days off during each seven (7)- day period;
made for no less than one (1) staff member for each six (6) children in care and for at least one (1) adult to be available at all times;
5. Staff development.
training sessions shall be established for staff and volunteers.
should be made available through various resources such as workshops, seminars and child care associations;
6. Personnel policies and records.
outlined in subsection (3)(D) for each staff position shall be established and maintained on file.
written job description.
tained on each staff member and shall include job application; reports from references and former employer; the required annual health report; and an annual evaluation prepared by the immediate supervisor;
7. Volunteers.
unteers shall be specifically defined.
and supervision from a qualified staff member; and
8. Health requirements for staff.
a communicable disease shall not be employed.
contact with children shall have a physical examination before employment and annually thereafter. A statement regarding the health status of each such employee shall be signed by a licensed physician and be on file.
yearly tuberculin skin or chest X ray, tests for venereal diseases and any other indicated laboratory procedures.
(E) Program.
1. Intake policies.
shall be written and shall include acceptable referral sources, admission criteria and other forms or reports necessary before a child is considered for placement. Admission procedures, policies and planning shall include preparation of the child and parents as appropriate with preadmission visits planned for both parent and child whenever possible.
ria for admission for its appropriateness to the program of the group home. C.Criteria for admission to a group home shall include the following:
sex for the facility in question;
tribute to a group living experience;
employed in the community, able to utilize community resources and to move about the community freely with a minimum of supervision;
not be admitted except on an emergency basis not to exceed a period of thirty (30) days, unless the children are members of a sibling group and it is considered to be in their best interest to remain together.
dence at any given time shall not exceed the number for which the facility is licensed.
shall be required from the person legally responsibility for the child.
written and available to both parent and child before or at time of admission.
on the child without permission from the person legally responsible for the child.
ily. The group home shall collaborate with the child, parent, referring agency or parent agency in preparing a written plan for services for the child and family. This plan for services shall include:
tions for providing services to the child and family including social work services on a regular basis for each child; responsibilities assumed by parents, agency and court and tentative plans for discharge;
the child and family where indicated including: family counseling; preventive and therapeutic medical services; psychological services; psychiatric services; remedial education; vocational counseling, recreation; and any other indicated social services;
services for the child and family at least every six (6) months;
a well-planned, individualized program with the decision being made in a conference with appropriate staff or other group home representative, the referring or parent agency and the child’s family; and
arrangement with the referring agency to assure aftercare services to the child in his/her new environment.
3. Records and reports.
A. Care records.
file a record of each child’s birth date, correct name, names of parents and relatives and name of the contact person with the referring agency.
health history of the child, including immunizations and an account of any illness or injury suffered while in care of the group home.
statement regarding plan of services for the child and his/her family.
record.
the record concerning the child’s release. This should include the date of discharge, the name, address and relationship of the person(s) taking him/her and the circumstances of release.
tial.
rate listings of children in care and statistical reports that give the complete scope of the services provided.
available upon request to any authorized licensing agent of the division. Records may be destroyed three (3) years after the date of the child’s discharge.
(F) Care in the Group Home.
1. Physical care.
dental care shall be negotiated between the placing agency and group facility before admission of the child to the group facility.
services of a qualified physician licensed in the state of Missouri.
hospital care when recommended by a physician.
correction or treatment for remediation of defects.
physical examination, tests or inoculations for each child immediately before admission and at least annually thereafter. Results of the physical examination shall be on record in the group home for these children and for any child placed by a parent agency.
annual dental examination for each child.
readily available and child care and other staff shall be knowledgeable of its use.
tative medical care should be a major part of the health services.
lished to insure good personnel hygiene.
C. Nutrition.
served and meet Department of Health’s standards.
approved by the Department of Health. All milk shall be pasteurized.
snacks shall be provided and may be part of the daily food needs.
be established.
pared, served and stored under conditions acceptable to Department of Health’s rules.
D. Clothing.
shall be of good quality and quantity.
worn by children in average homes in the community.
participate in the selection of their own clothing.
2. Education.
legal requirements regarding school attendance and child labor.
priate training opportunities or both shall be made available.
Children shall be given the opportunity to attend the church of their choice, subject to parental approval.
4. Discipline.
structive, fair and consistent manner.
and related to the individual needs of the child.
ishment shall be used, for example, no child shall be confined in any dark spaces.
used.
meals as punishment.
home shall provide leisure time activities.
6. Earning and spending money.
opportunities for experience in earning or spending money or both based on age and individual requirements.
opportunities to earn money are not available.
(G) Physical Facility.
1. General requirements.
neighborhood that is readily accessible to school, recreational, religious and other community resources.
roundings used in whole or in part as a group home shall comply with all applicable state and local building, sanitation, zoning, fire and safety regulations.
provide living accommodations for all residents, including separate and comfortable quarters for child care staff. The facility shall be suitably furnished and equipped.
tary condition and good repair.
facilities shall be provided and shall comply with Department of Health’s requirements.
guarded against insects and rodents.
other mechanical systems, home appliances and outlets shall be designed and maintained so that under normal conditions of use, danger to the health and safety of the children from that equipment will be held to a minimum.
and ventilated.
toilet for every four (4) children and one (1) tub or shower for each six (6) children. Separate bathing and toilet facilities should be provided for boys and girls where practical. There should also be separate toilet facilities for child care staff.
with space and equipment to serve all residents.
provide for food preparation, storage and service.
emergency instructions posted nearby for fire, police and medical assistance. 13 CSR 40-72
should be posted in a conspicuous place. Fire drills shall be held monthly. Children shall be instructed in the evacuation plan at time of admission.
2. Sleeping rooms.
sleep in the same room.
rooms and shall be above the lowest level of the ground.
bed with a space of at least three feet (3') on all sides of the bed except where it touches the wall.
shall be prohibited.
that night supervision will be available at all times.
for personal belongings and closet space for clothing shall be available for each child.
(H) Hearing and Judicial Review.
Any person or organization aggrieved by a final decision of the division with regard to the license issuance, license revocation or license denial shall be entitled to a hearing and review by the director or his/her designee.
ing. Ten (10) days’ written notice, specifying reason for proposed revocation shall be given an agency before a revocation occurs. If a request for a hearing, either written or verbal is received within the ten (10)-day period, revocation shall not occur until the decision of the director is issued.
Any agency wishing to appeal the administrative decision of the director shall be entitled to judicial review as provided in Chapter 536, RSMo.
AUTHORITY: sections 210.481–210.536, RSMo 1986.* Original rule filed Dec. 17, 1975, effective Dec. 27, 1975. Refiled: March 12, 1976. Amended: Filed Oct. 13, 1982, effective Jan. 13, 1983. Amended: Filed Oct. 7, 1987, effective March 25, 1988. Amended: Filed Sept. 11, 1989, effective Dec. 28, 1989.
*Original authority: 210.481–210.536, see Missouri Revised Statutes.