PURPOSE: This rule provides definitions to be used in the interpretation and enforcement of 19 CSR 30-63.

1. (1) Child care provider is a person licensed, regulated, or registered to provide child care within the state of Missouri, including the member(s), manager(s), shareholder(s), director(s), and officer(s) of any entity licensed, regulated, or registered to provide child care within the state of Missouri.
2. (2) Child care staff member is a child care provider; persons employed by the child care provider for compensation, including contract employees or self-employed individuals; individuals or volunteers whose activities involve the care or supervision of children for a child care provider or unsupervised access to children who are cared for or supervised by a child care provider; or individuals residing in a family child care home who are eighteen (18) years of age and older.
3. (3) Commissioner is the Commissioner of Education for the Missouri Department of Elementary and Secondary Education.

4. (4) Criminal background check includes the following:

   1. (A) A Federal Bureau of Investigation fingerprint check;
   2. (B) A search of the National Crime Information Center’s National Sex Offender Registry; and

   3. (C) A search of the following registries, repositories, including the Family Care Safety Registry, or databases in Missouri, the state where the child care staff member resides, and each state where such staff member resided during the preceding five (5) years:

      1. 1. The state criminal registry or reposi-

tory, with the use of fingerprints being required in the state where the staff member resides and optional in other states;

1. 2. The state sex offender registry or

repository; and

1. 3. The state-based child abuse and

neglect registry and database.

1. (5) Department is the Missouri Department of Elementary and Secondary Education.
2. (6) Qualifying result or qualifying criminal background check is a finding that a child care staff member or prospective child care staff member is eligible for employment or presence in a child care setting.

AUTHORITY: section 161.092, RSMo 2016, and section 210.1080, RSMo Supp. 2021.* This rule originally filed as 19 CSR 30- 63.010. Emergency rule filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Original rule filed Feb. 15, 2019, effective Aug. 30, 2019. Emergency amendment filed Aug. 31, 2020, effective Sept. 15, 2020, expired March 13, 2021. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-600.010, effective Aug. 30, 2021. Amended: Filed Oct. 8, 2021, effective May 30, 2022.

*Original authority: 161.092, RSMo 1963, amended 1973, 2002, 2003, 2013, 2014, and 210.1080, RSMo 2018, amended 2019.