PURPOSE: This rule defines overlap care and sets forth the requirements for overlap care.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. This material as incorporated by reference in this rule shall be maintained by the agency at its headquarters and shall be made available to the public for inspection and copying at no more than the actual cost of reproduction. This note applies only to the reference material. The entire text of the rule is printed here.

1. (1) There may be situations (for example, to accommodate parents’ work shifts, beforeand after-school care or beforeand after-summer camp care) when the number of children in care may exceed the licensed capacity of the facility at the time of overlap. The number in care shall never be more than onethird (1/3) over the licensed capacity of the facility at the time of overlap. The overlap period(s) shall not exceed two (2) hours total in any twenty-four- (24-) hour child-care day. The two (2) hours of available overlap time may be utilized in smaller time periods.
2. (2) Overlap care shall not be provided until a Child Care Facility Overlap Request form has been submitted and written approval has been received from the department. The Child Care Facility Overlap Request form, promulgated 2021, is incorporated by reference in this rule, as published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https:// dese.mo.gov/childhood/forms. This rule does not incorporate any subsequent amendments or additions.
3. (3) Any changes in the hours of overlap care shall require a new overlap request form be submitted and approved.
4. (4) All procedures for admitting children shall be followed if a provider chooses to enroll children for overlap care.
5. (5) Staff/child ratios shall be maintained during overlap periods.
6. (6) Overlap shall be granted to an infant/toddler unit or to a preschool/school-age unit based on the licensed capacity of each unit. Overlap for infant/toddler units shall be calculated separately from the overlap of preschool/school-age units, with the required staff/child ratios maintained for each group. A provider may not use the time period for one (1) unit to increase the overlap period for the other unit.
7. (7) The overlap period(s) shall not exceed two (2) hours total daily for both infant/toddler and preschool/school-age children.
8. (8) Overlap approval shall not be granted to facilities licensed exclusively for beforeand after-school child care programs.

AUTHORITY: section 161.092, RSMo 2016, and section 210.221.1(3), RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-62.150, 13 CSR 40-62.162, and 19 CSR 40-62.162. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.162, 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- 62.162 July 30, 1998. Moved to 5 CSR 25-500.162, effective Aug. 30, 2021. Amended: Filed Oct. 12, 2021, effective May 30, 2022. *Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020.