PURPOSE: This rule sets forth the requirements for personnel practices, including staff qualifications, contract personnel, caseload size, and nonpaid staff. (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.

1. (2) Administrative Personnel.

   1. (A) The agency shall employ staff to perform administrative, supervisory, social service and direct care functions which may be combined only upon the approval of the governing board.
   2. (B) Staff members shall meet the requirements for each function, for direct and nondirect care functions, when such functions are combined as approved by the governing board.

   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 three (3) years experience in the management or supervision of child placing or residential care personnel and programs; or

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

a human service area of study from an accredited school and five (5) years experience in the management or supervision of child placing or residential care personnel and programs; or

1. 3. If the administrator is responsible

only for administrative functions such as personnel and fiscal matters, and is not responsible for direct supervision of the programs and services of the agency, the agency may then employ an administrator who has a bachelor’s degree from an accredited school and two (2) years experience in child placing or residential care services. However, in this case, the agency shall employ a person, responsible for the direct supervision of the agency’s services, who meets the qualifications set forth in 13 CSR 40-73.035(2)(C)1. or 2.

1. (D) The administrator’s responsibilities include:

   1. 1. Developing, implementing and main-

taining policies and procedures for program and fiscal operation under the direction of the governing board;

1. 2. Keeping the governing board

informed of the program and management of the agency;

1. 3. Interpreting and implementing recog-

nized standards for child welfare services;

1. 4. Ensuring that the agency achieves and

maintains compliance with the requirements of the licensing rules; 13 CSR 40-73

1. 5. Employing, evaluating and discharg-

ing staff members, in accordance with the agency’s established personnel policies; and

1. 6. Ensuring the maintenance of current

client’s records and statistics.

1. (E) When the position of administrator is vacated, the governing board shall within five

1. (5) working days submit a plan for interim management to the division for approval. The plan is to include:

   1. 1. Provisions for recruitment of a per-

manent administrator;

1. 2. The name of the designee and his/her

qualifications; and

1. 3. His/her responsibilities.
2. (F) The administrator shall designate in writing a qualified staff person to be in charge when s/he is absent.

1. (3) Supervisor of Placement Services.

   1. (A) In an agency where the administrator operates primarily in an administrative capacity and is not directly involved in child placing activities, a person shall be employed as supervisor of placement services.

      1. 1. A supervisor of placement services

employed after the effective date of these rules shall have one (1) of the following:

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

or a human service area of study from an accredited school plus three (3) years experience in child placing services; or

1. B. A bachelor’s degree in social work

or a human service area of study from an accredited school plus five (5) years experience in child placing services and possess a current license as a clinical social worker in the state of Missouri.

1. 2. A supervisor of placement services

responsibilities include:

1. A. The supervision, management,

training and evaluation of all professional staff, students and consultants involved in placement services;

1. B. The supervision of volunteers

whose work involves direct contact with clients;

1. C. The approval of decisions regard-

ing family and child eligibility for service, maternity and child care, transportation and placement arrangements, finalization, and any other changes in the child’s legal status; and

1. D. The implementation of the agen-

cy’s adoption program(s) and services, and recommendations regarding changes to the program.

1. 3. When the position of supervisor of

placement services is vacated, the agency shall submit a plan within five (5) working days for interim supervision to the division. The plan is to include:

1. A. Provisions for recruitment of a

permanent supervisor of placement services;

1. B. The name of the designee and

his/her qualifications; and

1. C. His/her responsibilities.

1. (4) 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.

      1. 1. An agency shall arrange or make

appropriate referrals for medical, legal, psychiatric, psychological or other professional services to birth parents, children, or foster and adoptive parents, as necessary.

1. 2. The agency shall not require clients to

use medical, legal, psychological, psychiatric or other consultants used by the agency. The agency may use consultants and/or persons selected by agency clients. The agency can reserve the right to request a second opinion from a neutral source.

1. (B) Professional staff who perform social 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. Professional 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 qualified supervisor of placement services (13 CSR 40-73.035(3)).
2. (C) Fullor part-time professional staff including psychologists, psychiatrists, social workers, counselors, physicians, teachers and nurses, shall meet the licensing or certification requirements of their profession in Missouri.
3. (D) The agency shall designate a supervisor for professional staff when six (6) or more professional staff are employed. The supervisor shall have at least three (3) years clinical experience. Supervision of contracted employees shall constitute part of the supervisor’s work load.

1. (5) Contracted Personnel.

   1. (A) An agency assumes responsibility for work performed by a contracted person when such services are performed under the auspices of said agency.
   2. (B) All official child placing activities and written documentation shall be processed through the child placing agency.
   3. (C) All contracted personnel must meet the staff qualifications for the position they are being contracted to fill.
   4. (D) Supervision of all contracted personnel must be provided by a qualified supervisor of placement services from that agency.

   5. (E) A file shall be maintained for each contracted personnel which includes:

      1. 1. A copy of the signed contract;
      2. 2. Verification of education and experi-

ence;

1. 3. Verification of character references

from three (3) persons, unrelated to the staff member;

1. 4. Verification of employer references

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

1. 5. A copy of the job description signed

by the contractor;

1. 6. Reports of initial and subsequent

biennial physical examinations;

1. 7. Results of annual checks of the Child

Abuse and Neglect Central Registry Unit (CA/N CRU) Checks;

1. 8. Copies of an annual performance

evaluation;

1. 9. Results of the annual criminal records

check; and

1. 10. Documentation of orientation and

annual staff training.

1. (F) Caseload sizes shall be proportionate to the number of hours worked on a monthly basis.
2. (G) Contracted personnel shall not collect fees from clients unless authorized by the contract with the agency.

1. (6) Students.

   1. (A) 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. A written plan for using students will include:

      1. 1. A plan for the selection, orientation,

training, assignment and evaluation of students;

1. 2. A description of what services the

student is responsible for and what arrangement the agency has for supervising the students;

1. 3. A signed statement of their under-

standing of confidentiality;

1. 4. A copy of the written plan shall be

given to each student, his/her school, and to the supervising staff members; and

1. 5. A plan for coverage of caseload in

students absence.

1. (7) Clerical Staff Shall Be Employed as Needed.

   1. (A) Clerical staff shall not supervise or assist in the care of children without being qualified according to these rules.
   2. (B) Clerical staff shall sign a statement of their understanding of confidentiality.

2. (8) An agency shall not be wholly dependent upon the use of volunteers to ensure the provision of services. If an agency uses volunteers as part of its program of services, the agency shall have written policies which include:

   1. (A) A description of the agency’s purposes and goals;
   2. (B) A job description for the director of volunteers and for each category of volunteers;
   3. (C) A differentiation of functions and activities appropriate for paid staff members and volunteers;
   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 written expectations of the supervisor and the volunteers;
   6. (F) Orientation and training in the volunteers’ specified roles;
   7. (G) Procedures for monitoring and evaluating volunteer activities;
   8. (H) Maintaining a file for each volunteer, who works directly with children including applications, verification of CA/N CRU and criminal records checks, and task assignments and annual evaluations;
   9. (I) Procedures for observing professional ethics and confidentiality;
   10. (J) Procedures for reimbursement of travel and other expenses; and
   11. (K) Procedures for handling conflicts between paid staff members and volunteers.

3. (9) Cases to be counted in the agency caseload are—

   1. (A) Children in agency custody including children for whom any court jurisdiction has been entered who are still waiting a final order;
   2. (B) Children not in the custody of the agency, but who are being supervised in a foster or adoptive home, group home, or institution; and

   3. (C) The agency shall have at least one (1) professional staff for every—

      1. 1. Twenty (20) children in alternative

care;

1. 2. Thirty-five (35) children under post-

placement supervision;

1. 3. Thirty (30) active adoptive or birth

families; or

1. 4. A reasonable combination thereof.

AUTHORITY: sections 210.481–210.536, RSMo (1994) and (Cum. Supp. 1996).* Original rule filed Feb. 6, 1997, effective July 30, 1997. *Original authority: Please see the Missouri Revised Statutes 1994 and Cumulative Supplement 1996.