Regulatory and Contractual Violations of Registered Child Care Providers

PURPOSE: This rule sets forth the investigation of complaints made on registered child care providers. (1) Investigation. (A) Any member of the public may notify the division of a regulatory or contractual violation of a registered child care provider. The division or designee shall investigate regulatory or contractual violations. (B) Any member of the public wishing to notify the division of child abuse or neglect shall do so in accordance with section 210.145, RSMo. (C) Registered child care providers shall fully cooperate with any investigation conducted by the division or designee. This includes, but is not limited to, providing information or documentation requested by the division or designee. (D) Upon conclusion of an investigation, the division or designee shall notify the child care provider in writing. The notification shall include— 1. A description of the complaint; 2. Whether the division has substantiated the complaint; and 3. If substantiated, the child care provider’s right to an administrative review. (2) Administrative Review. (A) The child care provider may request an administrative review of the decision to substantiate the violation by providing a written request for an administrative review within ten (10) days of the notification. The child care provider may submit additional documentation for consideration with the request for an administrative review. The division may, but is not required to, review documentation received after the request for administrative review. (B) The 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 child care provider timely requests a telephone conference, the division shall notify the child care provider in writing of the date, time, and telephone number at which the child care provider may present evidence. In such circumstances, the 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 child care provider may experience. (C) If a child care provider makes a timely request for administrative review, the division will not include the provider in the list described in section (3) until the administrative review process is complete and a final decision has been made. (D) The division shall— 1. Review the investigation of the violation and any written materials timely provided by the child care provider; 2. Conduct a telephone conference, if timely requested by the child care provider; and 3. Upon completion of the administrative review, notify the child care provider of the results of the administrative review in writing. The results of the administrative review may uphold or overturn the substantiated complaint. (E) The results of the administrative review shall be final. (3) Public Access. (A) The division shall maintain a record of final, substantiated regulatory violations of registered child care providers and compliance actions taken against child care providers. Such record shall include the name of the child care provider, date of the violation, a description of the substantiated contractual or regulatory violation, and any corrective action taken. (B) The division shall maintain a record of the date and results of any on-site inspection of a registered child care provider, including any regulatory violations found during the on-site inspection. (C) The division shall make its records available for public viewing on the division’s website. 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 35-32.120. Original rule filed Jan. 3, 2017, effective Aug. 30, 2017. Moved to 5 CSR 25-200.120, 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.