PURPOSE: The purpose of this rule is to define the requirements for child care providers licensed by the Department of Health and Senior Services, section for Child Care Regulations, who wish to contract with the division to receive state or federal funds for providing child care services.

1. (1) Requirements to Contract. To receive a contract from the department to receive state or federal funds, a licensed child care provider and staff shall meet the following requirements:

   1. (A) The child care provider shall be fully licensed and in good standing with the Department of Health and Senior Services, section for Child Care Regulations;
   2. (B) The licensed child care provider and all staff shall be legally allowed in the presence of children;
   3. (C) The department shall not pay for any costs associated with the requirements of licensure or requirements to contract with the department;

   4. (D) The licensed child care provider and all staff shall register with Opportunities in a Professional Education Network (OPEN) and secure a Missouri Professional Development Identifier (MOPD-ID) to track and complete trainings. The licensed child care provider and all staff shall complete the following training prior to a contract being issued, which includes, but is not limited to:

      1. 1. First Aid and Cardiopulmonary Resuscitation (CPR);
      2. 2. Prevention of Sudden Infant Death Syndrome and Safe

Sleeping, if serving children two (2) years old or younger;

1. 3. Prevention of Shaken Baby Syndrome and Abusive Head

Trauma, if serving children two (2) years old or younger;

1. 4. Emergency Disaster Response and Planning;
2. 5. Mandatory Child Abuse and Neglect (CA/N) Reporting;
3. 6. Prevention and Control of Infectious Diseases (including

immunizations);

1. 7. Administration of Medication, consistent with standards

for parental consent;

1. 8. Prevention and Response to Food Allergy Emergencies;
2. 9. Building and Physical Premises Safety; including

identification of and protection from hazards that can cause bodily injury;

1. 10. Handling and Storage of Hazardous Materials and the

Appropriate Disposal of Bio-Contaminants; and

1. 11. Transportation of Children, if providing transportation

as part of child care services.

1. (E) If a licensed child care provider seeking to contract with the division has an outstanding debt owed to the state due to a previous child care overpayment, the licensed child care provider must participate in a repayment plan pursuant to 13 CSR 35-32.110 to become contracted with the division;
2. (F) A licensed child care provider shall require all staff to meet all requirements listed in section (1) within ninety (90) days of becoming employed or volunteering. A staff member shall not provide direct supervision of children until the staff member has met the eligibility criteria set forth in section (1). A licensed child care provider may not be eligible for a contract if the licensed child care provider was denied a contract, or a previous contract was terminated for cause, and the underlying issues causing denial or termination of the contract have not been resolved;
3. (G) A licensed child care provider may not be eligible for a contract if the owner, director, board member, officer, shareholder, agent, agent registered with the secretary of state’s office, or any other person with decision making authority over the facility, was denied a contract, or a previous contract was terminated for cause, and previous owner, director, board member, officer, shareholder, agent, agent registered with the secretary of state’s office, or any other person with decision making authority over the facility remains in a position to make decisions on behalf of the facility.

1. (2) Contract.

   1. (A) Upon receipt of a request to contract, the division shall make a determination as to whether the licensed child care provider is eligible to enter into a contract with the department for state or federal funds for child care services.

   2. (B) If the division determines the licensed child care provider meets all eligibility requirements, the division may issue a contract to the licensed child care provider. The licensed child care provider shall sign a contract, agreeing to all terms including, but not limited to:

      1. 1. Child care provider and staff shall not be engaged in

other employment while providing child care services;

1. 2. Child care provider shall maintain records pursuant to

13 CSR 35-32.130;

1. 3. Child care provider shall notify all custodial parents and

legal guardians of the child care provider’s—

1. A. Phone number;
2. B. Discipline policy; and
3. C. Emergency preparedness and response plan;
4. 4. Child care provider shall ensure custodial parents and

legal guardians have access to their child(ren);

1. 5. Child care provider shall report child deaths and serious

injuries to the division within twenty-four (24) hours of the incident, using a form provided by the division. This includes, but is not limited to:

1. A. The death of a child if the child died while at the child

care provider;

1. B. The death of a child enrolled at the child care provider

if the child died of a contagious disease; or

1. C. A serious injury to a child that occurs while the child is

at the child care provider or away from the child care provider’s facility, but still in the care of the child care provider, which results in the child being treated by a medical professional or admitted to a hospital;

1. 6. Child care provider shall cooperate with any

investigations, audits, or other requests of the division;

1. 7. Child care provider shall follow all statutes, regulations,

and policies of the division;

1. 8. Child care providers must report the following changes

to the division in writing within ten business (10) days: physical address, mailing address, telephone number, email address, or any other circumstance, incident, or occurrence which would alter any information provided in the child care provider’s original application for contract;

1. 9. Child care provider shall not utilize physical or corporal

punishment including, but not limited to, spanking, slapping, shaking, biting, or pulling hair;

1. 10. Child care provider shall submit to monitoring by

division or its designee for compliance with contractual or regulatory obligations. Such monitoring may include, but is not limited to:

1. A. Providing attendance records at the request of the

division or its designee;

1. B. Submitting to unannounced or announced on-site

inspections; or

1. C. Other monitoring as determined necessary by the

division;

1. 11. Child care provider shall attend annual training as

approved by the division and provide documentation of the successful completion of all training to the division through the Opportunities in a Professional Education Network (OPEN).

1. (C) If the division determines the licensed child care provider fails to meet all requirements to contract, the division shall provide written notice of the denial to contract with the licensed child care provider. The notice shall—

   1. 1. Inform the child care facility of the nature of the

decision;

1. 2. State generally the factual and legal basis for the

division’s decision, if applicable; and

1. 3. Notify the child care facility of the right to seek

administrative review.

1. (D) Corrective Action. The division may require the licensed child care provider to submit and implement a corrective action plan to resolve any health or safety concerns, regulatory violations, or contractual violations. The division shall provide written notification to the licensed child care provider of the requirement to submit and implement a corrective action plan, identifying the specific performance, regulatory requirements, or contractual requirements not being met and the expected corrective resolution.

   1. 1. The licensed child care provider shall submit a written

corrective action plan to the division within ten (10) days of notice.

1. 2. The corrective action plan must include the actions

the licensed child care provider proposes to take to remedy concerns, time frames for achieving such, the staff responsible for the necessary action, the improvement that is expected, a description of how progress will be measured, and a description of the actions to be taken to prevent the situation from recurring.

1. 3. The division shall notify the licensed child care provider

in writing if the corrective action plan is approved or if modifications are required. In the event the division requires changes to the corrective action plan, the licensed child care provider shall submit a revised corrective action plan within ten (10) days of notice that changes are required.

1. (E) Termination of Contract. The division may immediately terminate a licensed child care provider’s contract upon written notice if—

   1. 1. The licensed child care provider allows staff to work

within the child care facility who have a substantiated CA/N report;

1. 2. The licensed child care provider committed an

intentional violation;

1. 3. The licensed child care provider failed to report child

abuse and neglect;

1. 4. The licensed child care provider employs individuals

or allows volunteers who are not mentally, emotionally, or physically fit to care for children as determined by a medical professional or mental health professional;

1. 5. The licensed child care provider employs individuals or

allows volunteers who are not legally allowed in the presence of children;

1. 6. The licensed child care provider failed to cooperate in

a Welfare Investigative Unit investigation, Child Abuse and Neglect investigation or assessment, compliance review, or audit; or

1. 7. The Department of Health and Senior Services, section

for Child Care Regulations, takes action to immediately suspend or revoke licensed child care provider’s license;

1. 8. If a condition exists that negatively impacts the health

and/or safety of the children and the child care provider fails to rectify the issues in a timely manner;

1. 9. The licensed child care provider fails to successfully

submit or complete the requirements of a corrective action plan within the time period specified in the plan; or

1. 10. The licensed child care provider is non-compliant with

contractual requirements.

1. 11. The division shall provide written notice of the

termination. The notice shall—

1. A. Inform the child care facility of the nature of the

termination of the contract; and

1. B. State generally the factual and legal basis for the

division’s decision; and

1. C. Notify the child care provider of his/her right to seek

administrative review.

1. (3) Administrative Review.

   1. (A) The licensed child care provider may request an administrative review of the decision to deny a contract by providing a written request for an administrative review within ten (10) days of the notification. The licensed child care provider may submit additional documentation for consideration with the request for an administrative review. Documentation received after the request may not be considered by the division.
   2. (B) The licensed child care provider may request the opportunity to present additional information by telephone conference call by making such a request in writing with the request for administrative review. If the licensed child care provider timely requests a telephone conference call, the division shall notify the licensed child care provider in writing of the date, time, and telephone number at which the licensed child care provider may present information. In such circumstances, the licensed child care provider is responsible for ensuring that he/she is able to present information via telephone on the date/time provided, and that he/she has a working telephone and stable connection. The division shall not be responsible for any technical difficulties the licensed child care provider may experience.

   3. (C) The division shall—

      1. 1. Review the denial/termination of contract and any

written materials provided by the licensed child care provider;

1. 2. Conduct a telephone conference call, if timely requested

by the licensed child care provider; and

1. 3. Upon completion of the administrative review, the

division shall notify the licensed child care provider of the results of the administrative review in writing. This decision shall be the final decision of the agency.

AUTHORITY: sections 207.020, 210.025, and 210.027, RSMo 2016,* 42 U.S.C. section 9858, et. seq., Executive Order 03-03. This rule originally filed as 13 CSR 35-32.090. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.090, effective Aug. 28, 2021. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014; 210.025, RSMo 1999, amended 2004; and 210.027, RSMo 1999, amended 2014.