General Requirements

PURPOSE: This rule requires child care staff members to complete criminal background screening and have a qualifying result pursuant to section 210.1080, RSMo. (1) Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department. (2) A prospective child care staff member may begin work for a child care provider if: (A) The prospective child care staff member has received notice from the department that the individual is eligible for employment or presence in a child care setting; or (B) The prospective child care staff member has received notice from the department that the individual is temporarily eligible for employment or presence in a child care setting based on the qualifying results of either a Federal Bureau of Investigation fingerprint check or a search of the Missouri criminal registry or repository with the use of fingerprints. Pending completion of the criminal background check, an individual working with a temporary eligibility notice shall be supervised at all times by a child care staff member who received a qualifying result on the criminal background check within the past five (5) years. (3) Child care providers shall request the results of a criminal background check for all child care staff members, unless the requirements of section (4) of this rule are met by the child care provider and proof is submitted to the department. (4) A child care provider shall not be required to submit a request for a criminal background check for a child care staff member if— (A) The staff member received a qualifying criminal background check within five (5) years before the latest date on which such a submission may be made and while employed by or seeking employment by another child care provider within Missouri; (B) The first provider received a qualifying criminal background check result, consistent with this chapter, for the staff member; and (C) The staff member is employed by a child care provider within Missouri or has been separated from employment from a child care provider within Missouri for a period of not more than one hundred eighty (180) consecutive days; or (D) The individual meets the definition of child care provider, but is not responsible for the oversight or direction of the child care facility and does not have independent access to the child care facility. Such staff members shall be accompanied by an individual with a qualifying criminal background check in order to be present at the child care facility during child care hours. (5) Criminal background checks shall be completed for each child care staff member every five (5) years. AUTHORITY: section 161.092, RSMo 2016, and section 210.1080, RSMo Supp. 2021.* This rule originally filed as 19 CSR 3063.020. 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 25-600.020, 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.