PURPOSE: This rule establishes who is ineligible for employment and who cannot be present at a family child care home, group child care home, child care center, or licenseexempt facility not subject to 210.1080.9, RSMo.

1. (1) Any child care staff member or prospective child care staff member shall be ineligible for employment or presence at a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, if such person—

   1. (A) Refuses to consent to the criminal background check as required by section 210.1080, RSMo;
   2. (B) Knowingly makes a materially false statement in connection with the criminal background check as required by section 210.1080, RSMo;
   3. (C) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;
   4. (D) Is listed as a perpetrator of child abuse or neglect under sections 210.109 to 210.183, RSMo or has any other finding of child abuse or neglect based on any other state’s registry or database; or

   5. (E) Has pled guilty or nolo contendere to or been found guilty of—

      1. 1. Any felony for an offense against the

person as defined in Chapter 565, RSMo;

1. 2. Any other offense against the person

involving the endangerment of a child as prescribed by law;

1. 3. Any misdemeanor or felony for a sex-

ual offense as defined in Chapter 566, RSMo;

1. 4. Any misdemeanor or felony for an

offense against the family as defined in Chapter 568, RSMo;

1. 5. Burglary in the first degree as defined

in section 569.160, RSMo;

1. 6. Any misdemeanor or felony for rob-

bery as defined in Chapter 570, RSMo;

1. 7. Any misdemeanor or felony for

pornography or related offense as defined in Chapter 573, RSMo;

1. 8. Any felony for arson as defined in

Chapter 569, RSMo;

1. 9. Any felony for armed criminal action

as defined in section 571.015, RSMo, unlawful use of a weapon as defined in section 571.030, RSMo, unlawful possession of a firearm as defined in section 571.070, RSMo, or the unlawful possession of an explosive as defined in section 571.072, RSMo;

1. 10. Any felony for making a terrorist

threat as defined in section 574.115, 574.120, or 574.125, RSMo;

1. 11. A felony drug-related offense com-

mitted during the preceding five (5) years; or

1. 12. Any similar offense in any federal,

state, municipal, or other court of similar jurisdiction of which the director of the designated department has knowledge.

1. (2) Adult household members eighteen (18) years of age and older, or household members who are under eighteen (18) years of age but have been certified as an adult for the commission of an offense, in a family child care home shall be ineligible to maintain a presence at a family child care home during child care hours if any one (1) or more of the provisions of section (1) of this rule applies to them.

AUTHORITY: section 161.092, RSMo 2016, and section 210.1080, RSMo Supp. 2021.* This rule originally filed as 19 CSR 30- 63.040. 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 25-600.040, 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.