PURPOSE: This rule sets forth the requirements for the day care provider and assistants, and number and age limitations of children in care and staff training.

1. (1) General Requirements.

   1. (A) The provider routinely shall be present during the hours of highest attendance a minimum of forty (40) hours per week.
   2. (B) The provider shall name an assistant caregiver who shall be available to substitute during his/her absence or to meet staff/child ratios.
   3. (C) Caregivers shall be eighteen (18) years of age or older, have knowledge of the needs of children, and be sensitive to the capabilities, interests, and problems of children in care.
   4. (D) Caregivers shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children. 19 CSR 30-61
   5. (E) Caregivers shall be capable of handling emergencies promptly and intelligently.
   6. (F) All caregivers shall cooperate with the department.
   7. (G) The provider shall not be engaged in any other employment while on duty at the family day care home.
   8. (H) The provider shall have available a copy of the Licensing Rules for Family Day Care Homes in Missouri. Providers and assistants shall review and be knowledgeable of the rules at the time they begin work, and shall be able to understand and apply the rules which relate to their respective responsibilities.
   9. (I) All child care providers and assistants shall acquaint themselves with the child abuse and neglect law and shall make a report of any suspected child abuse or neglect to the Division of Family Services at the toll free number, 1-800-392-3738.
   10. (J) The provider or others in the home shall not be under the influence of alcohol or illegal drugs while child care is being provided. The child care provider or other child care personnel shall not be in a state of impaired ability due to use of medication while providing child care.
   11. (K) The provider, other household members, and other child care personnel shall be screened for child abuse/neglect. Any investigated allegation of child abuse or neglect involving these persons in which the investigator finds reasonable cause to believe that this person is the alleged perpetrator of child abuse or neglect shall be evaluated by the department. After review, the department may prohibit this person from being present in the home during child care hours.
   12. (L) The child care provider shall request and have on file the results of a criminal record review from the Missouri State Highway Patrol as defined by 19 CSR 30- 61.045 Initial Licensing Information and 19 CSR 30-61.055 License Renewal. This shall include the results of a criminal record review 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 (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 SENIOR SERVICES

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 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. Any information received by the

department that indicates that the subject of the criminal record review poses a threat to the safety or welfare of children shall be evaluated by the department. After review, the department may prohibit such person from being present on the premises of the family day care home during child care hours.

1. 3. Information received by the provider

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

1. (M) If an employee reports licensing deficiencies in the home, the child care provider shall not take any action against the employee because of the report that would adversely affect his/her employment or terms or conditions of employment.
2. (N) The provider shall have documentation on file at the home of current certification in age-appropriate first aid and cardiopulmonary resuscitation (CPR) training. The training shall be certified by a nationally-recognized organization, such as the American Red Cross, American Heart Association, or an equivalent certification approved by the department. At least one (1) caregiver with current certification in age-appropriate first aid and CPR must be on site at all times when children are present. First aid/CPR training may count toward the annual clock hour training requirement.

1. (2) Licensing Capacities.

   1. (A) If there is one (1) adult provider, the home may be licensed for up to six (6) children including a maximum of three (3) children under age two (2), or for up to ten (10) children including a maximum of two (2) children under age two (2), or both. If only four (4) children are present, all the children may be under the age of two (2).
   2. (B) If the provider has an assistant present, the home may be licensed for up to ten (10) children including a maximum of four (4) children under age two (2) or for up to eight

2. (8) children who may all be under age two (2).

   1. (C) A family day care home may be licensed at maximum capacity for a period of eighteen (18) consecutive hours of the twenty-four (24)-hour day. For the remaining six
3. (6) hours of the twenty-four (24)-hour day, care may be provided for one-third (1/3) the licensed capacity of the home.

4. (3) Assistants.

   1. (A) An approved assistant shall be available. If there is a change of assistants, the provider shall notify the Child Care Licensing Unit immediately.
   2. (B) All assistants shall submit to the department the names and addresses of two

5. (2) references not related to them who have knowledge of their character, experience, and ability.

   1. (C) All assistants shall be screened for child abuse/neglect.
   2. (D) An assistant who is employed or volunteers more than five (5) hours per week shall provide a medical examination report according to 19 CSR 40-61.125 Medical Examination Reports.
   3. (E) The names, addresses, and telephone numbers of all assistants shall be posted with other emergency numbers in the home.
   4. (F) Parents shall be notified of any absence of the provider and informed of the name of the assistant on duty.

6. (4) Child Care Training.

   1. (A) The provider shall obtain at least twelve (12) clock hours of child care-related training during each year of employment in training which is approved by the department in health, safety, nutrition, guidance and discipline, appropriate activities and learning experiences for children, positive communication and interaction with parents, planning and setting up an appropriate environment for children, professional and administrative practices, or other child-related areas. Any assistant working more than five (5) hours per week shall meet the same training requirements.
   2. (B) All training for the provider and assistants shall be documented with the dates, the number of hours of training completed, the subject, and the name of the individual(s) who conducted the training. This information shall be on file at the home and available for review.

AUTHORITY: section 210.221, RSMo 2000.* This rule previously filed as 13 CSR 40- 61.090, 13 CSR 40-61.105, and 19 CSR 40- 61.105. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.105, 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. Changed to 19 CSR 30- 61.105 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Amended: Filed Jan. 28, 2011, effective July 30, 2011. *Original authority: 210.221, RSMo 1949, amended 1955, 1987, 1993, 1995, 1999.