5 CSR 25-500.032
Organization and Administration
PURPOSE: This rule defines the requirements for the organization
and administration of group day care homes and child day care
centers.
(1) Each child care facility shall be organized according to
written policies and procedures which clearly establish job
responsibilities and lines of administrative authority.
(2) If a group 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 group child care home 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 group child
care home provider.
(3) When the responsibility for the operation of a facility 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.
(4) The person(s) or legal entity who owns a child care facility
shall be responsible for meeting all debts and obligations
incurred by the facility and for maintaining compliance with
all licensing rules for group child care homes and child care
centers.
(5) When a nonreligious organization, having as its principal
purpose the provision of child care services, enters into an
arrangement with a well-known religious order to provide
continuing assistance in the maintenance or operation of a
child care facility, the facility is not under the exclusive control
of the well-known religious order 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 40-62.061, 13
CSR 40-62.032, and 19 CSR 40-62.032. Original rule filed March 29,
1991, effective Oct. 31, 1991. Changed to 19 CSR 40-62.032, effective
Dec. 9, 1993. Changed to 19 CSR 30-62.032 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 25-500.032, effective Aug. 30, 2021. Amended: Filed
Oct. 12, 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.