Organization and Administration

PURPOSE: This rule defines the requirements for the organization and administration of family day care homes. (1) Each family child care home shall be organized according to written policies and procedures which clearly establish job responsibilities and lines of administrative authority. (2) If a family child care home is owned by a legal entity, the legal entity shall designate a person to be responsible for the daily operation of the facility and to meet the requirements of the child care provider. The department shall be notified in writing immediately if there is a change of the person designated to be responsible for the daily operation of the facility and to meet the requirements of the child care provider. (3) The person(s) or legal entity who owns a family child care home shall be responsible for meeting all debts and obligations incurred by the facility and for maintaining compliance with all licensing rules for family child care homes. (4) When the responsibility for the operation of a family child care home rests with a board of directors, the department shall be notified in writing immediately if there is a change of the board president or chairperson. (5) When a nonreligious organization having as its principal purpose the provision of child care services enters into an arrangement with a religious organization to provide continuing assistance in the maintenance or operation of a child care facility, the facility is not under the exclusive control of the religious organization and does not qualify for exemption from licensure under section 210.211.1(17), RSMo. (6) If the person(s) operating the facility claims exemption from licensure, s/he shall file all information requested by the department to make a determination of exemption prior to opening. Facilities may waive the right to apply for exemption and request voluntary licensure. These facilities shall comply with all licensing rules. AUTHORITY: section 161.092, RSMo 2016, and section 210.221.1(3), RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.060, 13 CSR 40-61.025, and 19 CSR 40-61.025. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.025, effective Dec. 9, 1993. Changed to 19 CSR 30-61.025 July 30, 1998. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Moved to 5 CSR 25-400.025, effective Aug. 30, 2021. Amended: Filed Oct. 7, 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.