PURPOSE: This rule describes the procedures for application for licensure, the licensing investigation and provisions for continued licensing investigations after the initial license is granted.

1. (1) Licensing Authority.

   1. (A) According to section 210.221(3), RSMo, the department has the authority to issue uniform rules deemed necessary and proper to establish standards of service and care to be rendered by the provider. To implement the rules, the department shall be responsible for inspecting, evaluating and licensing all family day care homes.
   2. (B) The department or any other agency of Missouri that the department asks to assist it, is authorized to make an inspection and investigation of any proposed or operating family day care home, and of any personnel connected with that home to the extent that this inspection and investigation is required to determine if the family day care home will be, or is being, operated in accordance with state statutes and licensing rules for family day care homes.

2. (2) Persons Subject to Licensure.

   1. (A) Any person(s) planning to offer day care for more than four (4) unrelated children at any one (1) time, except those coming under the exceptions of the law, shall apply for licensure and meet the requirements of the licensing rules before accepting more than four (4) unrelated children for care.
   2. (B) Licensing rules shall not apply to children related to the provider as defined in 19 CSR 40-61.010(18). In order to document the exemption for related children, identifying information shall be on file at the home on related children as required by 19 CSR 40- 61.135 Admission Policies and Procedures.
   3. (C) In an incorporated family day care home, the exemption for related children does not apply as a corporation cannot have relatives.

3. (3) Licensing Process.

   1. (A) Upon receipt of an inquiry regarding day care licensing, an interview shall be held to discuss the licensing rules and the licensing process.
   2. (B) Upon receipt of a completed application for license, on the form provided by the department, a licensing investigation shall be made. If licensing rules are not met within six (6) months, the application shall be void and another application shall be filed.
   3. (C) The licensing investigation shall include an inspection of the entire premises of the day care home by the licensing representative.

   4. (D) Prior to the granting of a license, the following shall be submitted by the applicant:

      1. 1. A sketch or diagram of the home

showing the arrangement of the rooms, including the location of toilet and handwashing facilities, the kitchen and the doors. The licensing representative and the applicant shall measure the home jointly;

1. 2. A sketch or diagram of the outdoor

play area and placement of equipment, indicating if the area is fenced. The licensing representative and the applicant shall measure the area jointly;

1. 3. Written policies pertaining to the pro-

gram goals, admission, care and discharge of children;

1. 4. A schedule of daily activities for chil-

dren;

1. 5. A sample weekly menu;
2. 6. An itemized list of available materials

and equipment to be used by children;

1. 7. A statement of discipline and guid-

ance policies;

1. 8. The names and addresses of two (2)

references not related to the applicant who have knowledge of the applicant’s character, experience and ability;

1. 9. If a day care home is incorporated,

the names and addresses of two (2) references for the officer designated to be responsible for the daily operation of the facility and to meet the requirements of the child care provider. The references shall not be related to the officer designated by the corporation;

1. 10. Sample forms used, other than those

supplied by the department;

1. 11. Evidence of compliance, if applica-

ble, with local or state requirements, or both, for any nonpublic water supply or sewage disposal system;

1. 12. If the family day care home is incor-

porated, Articles of Incorporation, Certificate of Incorporation and the Annual Registration Report (if applicable) as issued by the Missouri secretary of state;

1. 13. Required information for assistants;

and

1. 14. Other information required by the

department to make a determination regarding licensure of the family day care home.

1. (E) Prior to the granting of a license, the provider shall meet the requirements of 19 CSR 30-61.086 Fire Safety.
2. (F) Prior to initial issuance of the license, the child care provider shall request and have on file the results of a criminal record review

1. (CRR) from the Missouri State Highway Patrol for the child care provider, all persons employed by the child care provider, and all adult household members. The child care provider shall request a criminal record review within ten (10) days following the employment of any person and within ten

2. (10) days after any adult becomes a household member. The department may request a criminal record review for any adult present in the family day care home when child care children are present. The criminal record reviews shall include records of criminal convictions, pending criminal charges, and suspended imposition of sentence during the term of probation. Requests for criminal record reviews shall be made on a form provided by the highway patrol.

   1. 1. When the department determines that

a nationwide check is warranted, the department may request a criminal record review from the Missouri State Highway Patrol for classification and search of fingerprints for any person seeking employment with the provider or for any person seeking issuance or renewal of a license as provided in sections 43.530 and 43.543, RSMo. Requests for criminal record reviews shall be made on a form provided by the highway patrol that shall be signed by the subject of the request. The provider shall submit the signed form to the department with two (2) sets of fingerprints for each person who is the subject of a criminal record review.

1. 2. Information received by the provider

shall be retained in the individual’s file in a confidential manner.

1. (G) The child care provider, other household members and other child care personnel shall be screened for child abuse/neglect prior to initial issuance of the license.
2. (H) Medical examination reports for the provider and child care assistants as required by 19 CSR 30-61.125 Medical Examination Reports, shall be on file at the home and available for review.
3. (I) Medical examination reports shall be on file at the home within thirty (30) days following the admission of each infant, toddler or preschool child as required by 19 CSR 30- 61.125 Medical Examination Reports. A health report for school-age children shall be on file as required by 19 CSR 30-61.125.
4. (J) Enrollment information for each child shall be on file at the home as required by 19 CSR 30-61.135 Admission Policies and Procedures.
5. (K) Identifying information shall be on file at the home for each child to be cared for who is related to the provider and not living in the home as required by 19 CSR 30-61.135 Admission Policies and Procedures.
6. (L) The child care provider shall not provide care for more than four (4) unrelated children until the home is in compliance with state statutes and licensing rules for family day care homes.
7. (M) After approval by a licensing representative and a licensing supervisor, a temporary license may be granted by the department for a period not to exceed sixty (60) days.
8. (N) The official license shall be granted for up to two (2) years and may be renewed upon reapplication and reinvestigation. Until the official license is received, the temporary license shall be posted near the entrance of the home where it may be seen easily by parents or others who visit. Thereafter, the official license shall be posted near the entrance of the home.
9. (O) The address and telephone number of the Child Care Licensing Unit shall be posted near the license.
10. (P) The granting of a license shall be denied by the director upon failure of the applicant to comply with state statutes and licensing rules for family day care homes.
11. (Q) The license shall not be transferable and shall apply only to the person(s) and address shown on the license.
12. (R) If there is a change of ownership of a family day care home, the new owner(s) shall meet the requirements of the current licensing rules. A licensing investigation shall be made as required by 19 CSR 30-61.045 Initial Licensing Information.
13. (S) The license shall be the property of the department and shall be subject to revocation by the director upon failure of the provider to comply with state statutes and licensing rules for family day care homes. The license shall be returned to the department if revoked or not renewed.
14. (T) If a facility’s license is revoked or denied due to failure to comply with state statutes and licensing rules, the department shall not accept a subsequent application from the provider for that facility within twelve (12) months after the effective date of revocation or denial or within twelve (12) months after all appeal rights have been exhausted, whichever is later.
15. (U) The number and ages of children a family day care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules.
16. (V) All day care provided on the premises of a licensed family day care home shall be in compliance with the licensing rules and the conditions specified on the license.
17. (W) Upon issuance of the license, a licensing representative shall visit the family day care home throughout the licensing period for supervision and consultation. Both announced and unannounced visits shall be made. Visits shall be at varying times during the hours child care is provided, with the entire premises subject to inspection.
18. (X) Upon the department’s receipt of a complaint regarding the facility, a complaint investigation shall be made as determined necessary by the department.
19. (Y) The provider shall permit the department access to the facility, premises and records during all visits.
20. (Z) A licensed child care provider shall not deny a child admission to, or the benefits of, any program provided by the family day care 19 CSR 30-61

home on the basis of race, sex, religion or national origin.

1. (AA) Licensing records are public records and may be reviewed by appointment with the Child Care Licensing Unit as authorized in sections 610.010–610.150, RSMo.

AUTHORITY: section 210.221.1(3), RSMo Supp. 1998.* This rule previously filed as 13 CSR 40-61.020, 13 CSR 40-61.045 and 19 CSR 40-61.045. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.045, effective Dec. 9, 1993. Emergency amendment filed Aug. 18, 1993, effective Aug. 28, 1993, expired Dec. 25, 1993. Emergency amendment filed Jan. 4, 1994, effective Jan. 14, 1994, expired May 13, 1994. Amended: Filed Aug. 18, 1993, effective April 9, 1994. Amended: Filed Sept. 12, 1995, effective March 30, 1996. Changed to 19 CSR 30-61.045 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. *Original authority: 210.221.1(3), RSMo, 1949, amended 1955, 1987, 1993, 1995..