Licensing Process

PURPOSE: This rule describes the procedures for application for licensure, the licensing investigation, and provisions for continued licensing investigations after the initial license is granted. 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 AND SECONDARY EDUCATION here. (1) An applicant shall complete the licensing orientation available on the department’s website to learn about the licensing process and rules. (2) Upon receipt of a completed Application for License to Operate a Child Care Facility form, a licensing inspection shall be made. See Application for License to Operate a Child Care Facility form, revised 2021, 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 amendment or additions. If licensing rules are not met within six (6) months, the application shall be void and another application shall be filed. (3) The licensing process shall include an inspection of the entire premises of the child care home by the licensing representative. (4) Prior to the granting of a license, the following shall be submitted by the applicant: (A) A sketch or diagram of the home showing the arrangement of the rooms, including the location of toilet and handwashing facilities, the kitchen, and the doors. The licensing representative and the applicant shall measure the home jointly; (B) A sketch or diagram of the outdoor play area and placement of equipment, indicating if the area is fenced. The licensing representative and the applicant shall measure the area jointly; (C) Written policies provided to parents shall include: 1. Program goals; 2. Admission, care, and discharge of children; 3. Narrative description of child care practices and concepts; and 4. Discipline and guidance policies; (D) A schedule of daily activities for children; (E) A sample weekly menu; (F) An itemized list of available materials and equipment to be used by children; (G) Written policies and procedures which clearly establish job responsibilities and lines of administrative authority; (H) Listing of all household members and assistant(s); (I) Sample forms used, other than those supplied by the department; (J) Evidence of compliance with local or state, or both, sanitation requirements; (K) Documentation as required by the Missouri Secretary of State and state law to verify the legal entity is in good standing if a family child care home is owned by a legal entity; (L) Required information for assistants; (M) A written disaster and emergency plan; (N) A written safe sleep policy, if licensed to care for children under twelve (12) months of age; (O) A completed safety plan, if a sex offender resides within one thousand feet (1,000’) of the family child care home; and (P) Other information required by the department to make a determination regarding licensure of the family child care home. (5) Prior to the granting of a license, the provider shall meet the requirements of 5 CSR 25-400.086 Fire Safety. (6) The child care provider and child care staff members, as defined by 5 CSR 25-600.010 Definitions, shall have qualifying background screening results on file as required by 5 CSR 25600.020 General Requirements, prior to initial issuance of the license. (7) Background screening information received by the provider shall be retained in the individual’s file in a confidential manner and available for review. (8) Medical examination reports for the provider and child care assistant(s), as required by 5 CSR 25-400.125 Medical Examination Reports, shall be on file at the home and available for review. (9) Medical examination reports shall be on file at the home within thirty (30) days following the admission of each infant, toddler, or preschool child as required by 5 CSR 25-400.125 Medical Examination Reports. A health report for school-age children shall be on file as required by 5 CSR 25-400.125. (10) Enrollment information for each child shall be on file at the home as required by 5 CSR 25-400.135 Admission Policies and Procedures. (11) Prior to the granting of a license, the child care provider shall be in compliance with state statutes and licensing rules for family child care homes. (12) Once granted, the license shall be posted near the entrance of the home where it may be seen easily by parents or others who visit. (13) The name(s), address(es), and telephone number(s) shall be posted prominently near the license for all of the following, as applicable: (A) The child care provider(s); (B) Facility owner(s); (C) Board president or chairperson; or (D) All manager(s) and/or member(s). (14) The license shall not be transferable and shall apply only to the person(s) and address shown on the license. (15) The license shall be the property of the department and shall be subject to discipline by the director upon failure of the provider to comply with state statutes and/or licensing rules for family child care homes. (16) If a facility’s license is revoked or denied due to failure to comply with state statutes and/or licensing rules, the department shall not accept a subsequent application from the provider for that facility within twelve (12) months after the effective date of revocation or denial or within twelve (12) months after all appeal rights have been exhausted, whichever is later. (17) The license shall become null and void if— (A) Revoked; (B) The owner closes the facility; (C) The facility changes ownership; or (D) In the case of licenses not held by legal entities, the death of the licensee(s). (18) The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules. (19) All child care provided on the premises of a licensed family child care home shall be in compliance with the licensing rules, the conditions specified on the license, and the conditions of any variances granted to the licensee. (20) The provider shall permit the department access to the facility, premises, and records during all inspections. (21) The provider shall not deny a child admission to, or the benefits of, any program provided by the family child care home on the basis of race, sex, religion, or national origin. AUTHORITY: section 161.092, RSMo 2016, and sections 210.221.1(3) and 210.1080, RSMo Supp. 2021.* This rule previously filed as 13 CSR 40-61.020, 13 CSR 40-61.045, and 19 CSR 40-61.045. Original rule filed March 29, 1991, effective Oct. 31, 1991. Changed to 19 CSR 40-61.045, 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. Amended: Filed Sept. 12, 1995, effective March 30, 1996. Changed to 19 CSR 30-61.045 July 30, 1998. Amended: Filed Feb. 18, 1999, effective Sept. 30, 1999. Emergency amendment filed Feb. 15, 2019, effective Feb. 25, 2019, expired Aug. 23, 2019. Amended: Filed Feb. 15, 2019, effective Aug. 30, 2019. Amended: Filed Aug. 31, 2020, effective Feb. 28, 2021. Moved to 5 CSR 25-400.045, 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; 210.221.1(3), RSMo 1949, amended 1955, 1987, 1993, 1995, 1999, 2015, 2019, 2020; and 210.1080, RSMo 2018, amended 2019, 2020.