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, 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 group day care homes and child day care centers.
   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 child-care facility, and of any personnel connected with that facility to the extent that this inspection and investigation is required to determine if the facility will be, or is being, operated in accordance with state statutes and licensing rules for group day care homes and day care centers.

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) Group day care homes shall meet all the requirements of these rules unless otherwise indicated in these rules.
   3. (C) Licensing rules shall not apply to children related to the owner(s) of the facility as defined in 19 CSR 40-62.010(17). In order to document the exemption for related children, identifying information shall be on file at the facility on related children as required by 19 CSR 40-62.132 Admission Policies and Procedures.
   4. (D) In an incorporated facility, the exemption for related children does not apply since 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 facility 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 facility

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

1. 2. A sketch or diagram of the outdoor

play area and placement of equipment. 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 each

age group in care (infant/toddler, preschool and school-age);

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

and equipment to be used by children;

1. 7. A written narrative description of

child care practices and concepts, including discipline and guidance policies;

1. 8. A staff sheet;
2. 9. If a facility is not incorporated, 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. 10. If a group day care home is incor-

porated, 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 group day care home provider. The references shall not be related to the officer designated by the corporation;

1. 11. Sample forms used, other than those

supplied by the department;

1. 12. Evidence of compliance with a fire

and safety inspection as conducted by the state fire marshal or his/her designee;

1. 13. Evidence of compliance with local

or state, or both, sanitation requirements;

1. 14. Evidence of compliance, if applica-

ble, with local building and zoning requirements;

1. 15. If the facility is incorporated,

Articles of Incorporation, Certificate of Incorporation and the Annual Registration Report (if applicable) (see 19 CSR 40- 61.055) as issued by the Missouri secretary of state;

1. 16. Written policies and procedures

which clearly establish job responsibilities and lines of administrative authority. This shall include a statement of the kind and extent of authority and the duties delegated to the director employed to carry out the program;

1. 17. Official verification of the center

director or group day care home provider's education and experience; and

1. 18. Other information required by the

department to make a determination regarding licensure of the facility.

1. (E) Medical examination reports for all adults working in the facility, as required by

19 CSR 40-62.122 Medical Examination Reports, shall be on file at the facility and available for review.

1. (F) Medical examination reports shall be on file at the facility within thirty (30) days following the admission of each infant, toddler or preschool child as required by 19 CSR 40-62.122 Medical Examination Reports. A health report for school-age children shall be on file as required by 19 CSR 40-62.122.
2. (G) Enrollment information for each child shall be on file at the facility as required by

19 CSR 40-62.132 Admission Policies and Procedures.

1. (H) Identifying information shall be on file at the facility for each child to be cared for who is related to the facility owner(s) as required by 19 CSR 40-62.132 Admission Policies and Procedures.
2. (I) The facility owner(s), board president or chairperson and the center director or group day care home provider shall be screened for child abuse/neglect prior to initial issuance of the license.
3. (J) The child abuse/neglect screening request form shall be submitted to the department for all personnel employed during child care hours, with a copy on file at the facility.
4. (K) The facility shall not provide care for more than four (4) unrelated children until it is in compliance with state statutes and licensing rules for group day care homes and day care centers.
5. (L) 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.
6. (M) 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 facility where it may be seen easily by parents or others who visit. Thereafter, the official license shall be posted near the entrance of the facility.
7. (N) The address and telephone number of the Child Care Licensing Unit shall be posted near the license.
8. (O) 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 group day care homes and day care centers. 19 CSR 30-62
9. (P) The name(s), address(es) and telephone number(s) of the facility owner(s), or the board president or chairperson, or his/her designee shall be posted prominently near the license.
10. (Q) The license shall not be transferable and shall apply only to the person(s) and address shown on the license.
11. (R) If there is a change of ownership of the facility, the new owner(s) shall meet the requirements of the current licensing rules. A licensing investigation shall be made as required by 19 CSR 40-62.042 Initial Licensing Information.
12. (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 group day care homes and day care centers. The license shall be returned to the department if revoked or not renewed.
13. (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. Any subsequent application shall be reviewed by the Day-Care Licensing Review Board prior to a decision being made to grant a license.
14. (U) The number and ages of children the facility is authorized to have in care at any one (1) time shall be specified on the license and shall not be exceeded except as permitted within these rules.
15. (V) All day care provided on the premises of a licensed facility shall be in compliance with the licensing rules and the conditions specified on the license.
16. (W) Upon issuance of the license, a licensing representative shall visit the facility 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.
17. (X) Upon the department’s receipt of a complaint regarding the facility, a complaint investigation shall be made as determined necessary by the department.
18. (Y) The provider shall permit the department access to the facility, premises and records during all visits.
19. (Z) A child care provider shall not deny a child admission to, or the benefits of, any program provided by the facility on the basis of race, sex, religion or national origin.
20. (AA) Licensing records are public records and may be reviewed by appointment with the Child Care Licensing Unit as authorized by sections 610.010—610.150, RSMo.

AUTHORITY: section 210.221.1(3), RSMo 1994. This rule previously filed as 13 CSR 40-62.021, 13 CSR 40-62.042 and 19 CSR 40-62.042. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.042, effective Dec. 9, 1992. 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 30-62.042 July 30, 1998. *Original authority 1949, amended 1955, 1987, 1993, 1995.