PURPOSE: This rule sets forth the general, educational and training requirements for staff.

1. (1) General Staff Requirements.

   1. (A) Day care personnel shall be of good character and intent and shall be qualified to provide care conducive to the welfare of children.
   2. (B) Day care personnel shall cooperate with the department.
   3. (C) Individuals eighteen (18) years of age or older shall be counted in meeting the required staff/child ratios.
   4. (D) Caregivers shall be capable of carrying out assigned responsibilities and shall be willing and able to accept training and supervision.
   5. (E) Caregivers shall have knowledge of the needs of children and shall be sensitive to the capabilities, interests and problems of children in care.
   6. (F) Caregivers shall be capable of handling emergencies promptly and intelligently.
   7. (G) Caregivers, other personnel or volunteers shall not be under the influence of alcohol or illegal drugs while on the premises. These individuals shall not be in a state of impaired ability due to use of medication while on the premises.
   8. (H) The provider shall have available a copy of the Licensing Rules for Group Day Care Homes and Child Day Care Centers in Missouri. All caregivers and volunteers working directly with children shall be required to review and be knowledgeable of the rules at the time they begin work and shall be able to understand and apply those rules which relate to their respective responsibilities.
   9. (I) Caregivers shall not be engaged in major housekeeping, cleaning or maintenance activities during the hours of child care, but may do routine cleanup to maintain order and sanitation in the facility.
   10. (J) All staff 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.
   11. (K) Volunteers counted in staff/child ratios, caregivers and other personnel shall be screened for child abuse/neglect. The screening shall be requested by the provider within ten (10) days of any individual beginning employment or volunteering in the facility. Any investigated allegation of child abuse or neglect involving these persons in which the investigator finds reasonable cause to believe that the individual is the alleged perpetrator of child abuse or neglect, shall be evaluated by the department. After review, the department may prohibit the person from being present in the facility during child care hours. A copy of the screening request and the response shall be filed in the employee’s record.

   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- 62.042 Initial Licensing Information and 19 CSR 30-62.052 License Renewal. The child care provider shall request a criminal record review within ten (10) days following a change of the facility owner(s), board president or chairperson, the center director or group day care home provider, employees of the provider, or volunteers counted in staff/child ratios. The department may request a criminal record review from the Missouri State Highway Patrol for any adult present in the facility 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 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 facility 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) Any person present at the facility during the hours in which child care is provided shall not present a threat to the health, safety or welfare of the children.
2. (N) If an employee reports licensing deficiencies in the facility, 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.

1. (2) Center Director or Group Day Care Home Provider.

   1. (A) General Requirements.

      1. 1. The group day care home provider or

the individual designated as the center director shall be responsible for planning, monitoring and managing the facility’s daily program.

1. 2. Center directors and group day care

home providers routinely shall be on duty during the hours of highest attendance a minimum of forty (40) hours per week. If the facility operates less than forty (40) hours per week, the center director or group day care home provider shall be on duty at least fifty percent (50%) of the operating hours.

1. 3. The duties and responsibilities of the

center director or group day care home provider shall be defined clearly in writing.

1. 4. In the absence of the center director

or group day care home provider, another responsible individual shall be designated to be in charge of the facility.

1. 5. The center owner(s), or the board

president or chairperson shall notify the department immediately when there is a change of directors and shall submit child abuse/neglect screening information as required by 19 CSR 40-62.042 Initial Licensing Information.

1. (B) Education and Experience Requirements.

   1. 1. General requirements.

      1. A. A child development associate

1. (CDA) credential shall be considered the equivalent of twelve (12) months’ experience and six (6) college semester hours in childrelated courses toward meeting the educational and experience requirements for director of any size facility.

   1. B. All experience must have been

responsible, supervised, full-time (a minimum of thirty-five (35) hours per week) paid experience in working with children in a child care setting. Part-time experience may be prorated to a full-time equivalent.

1. C. Each month of full-time experi-

ence may be substituted for two (2) college semester hours in unspecified courses, but not for the required child-related courses.

1. D. All college semester hours must

have been received from an accredited college or university.

1. E. The required courses may include

child-related courses in early childhood education, elementary education, child development, child psychology, nutrition, first aid, recreation, nursing, health, marriage and family, social work, sociology or other related areas as approved by the department.

1. F. Official verification of the educa-

tion and experience of the group day care home provider or center director shall be on file with the Child Care Licensing Unit prior to beginning employment.

1. G. Any college transcript used for

verification of education must be an official transcript bearing the seal of the college or university.

1. 2. Group day care home provider. The

group day care home provider shall have at least thirty (30) college semester hours, with six (6) of the thirty (30) hours in child-related courses; or twelve (12) months’ experience and six (6) college semester hours in child-related courses; or a CDA credential.

1. 3. Center director.

   1. A. Any individual approved as a qual-

ified center director under the previous licensing rules and employed in a center in that position as of the effective date of these rules shall be exempt from these requirements for continued employment in the same center, or for employment in another center of the same or smaller licensed capacity category. If the same individual is to be employed in another center in a larger licensed capacity category, s/he shall meet the educational and experience requirements of that category.

1. B. Day care center directors employed

after the effective date of these rules shall meet the following education or experience requirements, or both, as determined by the licensed capacity of the center in which they are to serve: Licensed Capacity of the Center

Up to 20 Children

21—60 Children

61—99 Children

100 or More Children Education and Experience Requirements for Center Director

Thirty (30) college semester hours, with six (6) of the thirty (30) hours in child-related courses; or twelve (12) months’ experience with six (6) college semester hours in child-related courses; or a CDA credential.

Sixty (60) college semester hours. Twelve (12) of the hours must be in child-related courses; or twenty-four (24) months’ experience and twelve (12) college semester hours in child-related courses.

Ninety (90) college semester hours. Eighteen (18) of the ninety (90) hours must be in child-related courses; or thirty-six (36) months’ experience and eighteen (18) college semester hours in child-related courses.

One hundred twenty (120) college semester hours. Twenty-four (24) of the one hundred twenty (120) hours must be in child-related courses. Six (6) of the twenty-four (24) college semester hours may include courses in business or management; or four (4) years’ experience and twenty-four (24) college semester hours in childrelated courses. Six (6) of the twenty-four (24) college semester hours may include courses in business or management. (3) Child Care Training.

1. (A) The center director, group day care home provider, all other caregivers and those volunteers who are counted in staff/child ratios 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.
2. (B) All training 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 facility and available for review.

AUTHORITY: section 210.221.1(3), RSMo Supp. 1998.* This rule previously filed as 13 CSR 40-62.091, 13 CSR 40-62.102 and 19 CSR 40-62.102. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.102, 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 30-62.102 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.