Protection and Care of the Child

PURPOSE: This rule sets forth the provisions for protection of the child, including child abuse and/or neglect, exploitation, confidentiality, discipline and child management, clothing, family identity and relationships, religious requirements, and educational program. (1) An agency shall make an oral report within twenty-four (24) hours to the division followed by a written report within five (5) working days after the occurrence of an unusual incident, such as the death or serious injury of a child, alleged child abuse or neglect, or both, a fire which required the services of the fire department, or any time the agency has been served with any adverse legal action. (A) Protecting the Child in Care—Child Abuse or Neglect (CA/N). 1. An agency shall have written procedures for any alleged incident of child abuse or neglect, or both, which shall include: A. Reporting the alleged incident as required by the CA/N reporting law, sections 210.110–210.165, RSMo; B. Conducting an internal investigation of the alleged incident; and C. Providing a written report of the agency’s internal investigation to the division licensing unit. 2. No person who is alleged as a perpetrator in an incident of child abuse or neglect, or both, shall have direct contact with child(ren) until an investigation is complete unless the administrator determines that the safety of the child(ren) is not threatened. 3. If the investigation determines reason to suspect child abuse or neglect, or both, the agency shall submit a written report to the licensing unit outlining corrective action taken by the agency. If the agency fails to take timely appropriate action to prevent future abuse or neglect, or both, the division may revoke the license. (B) Exploitation of Children. 1. Exploitation of children shall be prohibited. 2. Exploitation of children shall include, but not be limited to, the use of a child or his/her picture or name for solicitation for funds or publicity or the use of a child to advance an agency’s religious or political beliefs without the written consent of the child’s parent(s), guardian, or legal custodian and court order, if applicable. (C) Confidentiality. 1. An agency shall have written procedures for the maintenance and security of client records. This shall include a staff review of the procedures for confidentiality and a signed statement indicating that staff have reviewed the procedures. The agency shall secure records against loss, tampering, or unauthorized use by— A. Protection of the confidentiality of records when in use and keeping them under lock when not in use; B. Staff and professional consultants seeking access only to the records with which they are professionally involved; C. Staff not disclosing or permitting the disclosure of any information concerning the child or his/her family, directly or indirectly, to any unauthorized person; and D. Staff being informed of the requirement that they must observe the procedures for protecting confidentiality after termination of employment. 2. Records shall be made available to the division or its authorized and identified agents, either upon written or verbal request. This includes division staff who are involved in child abuse/neglect reporting/investigation. 3. A consent for release of information signed by the parent(s), guardian, or legal custodian must be provided before records are released to any person other than those specified in these rules. The consent must specify what information may be released, to whom, for what purpose and for what period of time. 4. All requests for access to a child’s records shall be documented in the record providing the name of the individual making the request, the date and the desired materials. If access was refused, the grounds for refusal shall be documented. (D) Discipline and Child Management. 1. An agency shall have written policies regarding discipline and behavior management, which shall be explained and made available to a child’s parent(s), guardian, or legal custodian, or both, staff and to the child, if age appropriate. 2. The procedures shall be within each child’s ability to understand and achieve. 3. The policies shall identify the type of children served, describe anticipated behavioral problems, set forth acceptable methods of dealing with the behaviors, and detail the required qualifications and training of foster parents. All discipline shall be consistent with the service plan developed for the child. 4. All discipline shall be reasonable and appropriate to the child’s age and level of development. All discipline shall be limited to the least restrictive appropriate method and administered by appropriately trained care givers. 5. Encouragement and praise of good behavior shall be used instead of focusing on unacceptable behavior. 6. The agency shall have written policies and procedures prohibiting discipline which may adversely affect a child’s health or physical or psychological well-being. The following forms of discipline shall not be used: A. Cruel or unusual punishment; B. Excessive or inappropriate work; C. Denial of meals, shelter, clothing, essential personal daily needs, and the program provided by the individual service plan; D. Verbal abuse, ridicule, or humiliation; E. Permission for a child to discipline another child; F. Chemical restraints; G. Mechanical restraints; H. Denial of planned visits, telephone calls, or mail contacts with family; I. The use of foods intended to produce an adverse reaction; J. Physical or emotional abuse; K. Confinement in any space not designed for detainment of human beings; or for long periods of time; L. Requirement that a child remain silent for long periods of time or other unreasonable verbal restrictions; M. Corporal punishment including, but not limited to slapping, hitting, spanking, paddling, shaking, belting, or marching; N. Standing rigidly in one (1) spot or use of excessive physical exercises such as running laps or doing push-ups or any method which harms or endangers the child; O. Locked isolation for the purpose of discipline; P. Denial of opportunity for a minimum of eight (8) hours of sleep in a twentyfour- (24-) hour period; and Q. Withholding of meals, mail, allowances, or family visits. 7. The agency shall assure that children are appropriately supervised while in care. (E) Clothing. 1. An agency shall establish minimum clothing requirements for each child in care. 2. An agency shall assure that clothes are provided to each child. Clothes shall be individually selected and fitted, appropriate to the season, and kept in a state of good repair and cleanliness. Each child’s clothing shall be identified as his/her own. 3. An agency shall assure shoes are provided to each child which shall be kept in good repair. 4. When possible, children shall be permitted to participate in the selection and purchase of their own clothing. 5. Donated clothing shall be used only if it is in good condition. 6. Possessions and clothing belonging to a child while in residence shall be released to him/her upon discharge. (F) Family Identity and Relationships. 1. An agency shall develop written visitation policies. 2. An agency shall encourage and support contacts between a child and his/her family while the child is in care, unless the rights of the parent(s) to contact the child have been terminated, restricted by court order, or limited by parent. The frequency of contact shall be determined by the child’s parent(s), guardian, or legal custodian in consultation with agency staff. An agency shall enable the family to visit and remain involved in their child’s care as well as actively participate in relationship building. 3. Privacy shall be provided for visits with family members, relatives, and friends, for telephone calls and for written communications unless otherwise indicated by the service plan. 4. Flexible visiting hours shall be provided for the parent(s) or legal guardian. (G) Religious Requirements. 1. Upon admission, an agency shall provide a written description of the agency’s religious requirements and practices, which shall be made available to the parent(s), guardian or legal custodian, and, when appropriate, to the child. 2. If the agency requires mandatory religious observance or mandatory church attendance, consent of the parent(s), or guardian or legal custodian, or both, shall be obtained and explained to the child upon admission. 3. Opportunity for religious experience and attendance at religious activities and services shall be made available to each child within the religious preference of his/her family and in agreement with any service plan. 4. The child’s parent(s), guardian, or legal custodian shall provide written authorization regarding any change in religious affiliation by the child while s/he is in care. (H) Educational Program. The administrator shall be responsible for ensuring compliance with Missouri statutes pertaining to the child(ren)’s education. 1. An agency shall not admit a child unless an educational program appropriate to the child’s need can be obtained. 2. The educational progress of a child shall be continually evaluated and the progress shall be included in the child’s three (3) month service plan review according to 13 CSR 35-73.075(2)(A). 3. Children excluded from school shall be provided education, training, or work experience consistent with their needs and abilities. 4. An agency shall maintain contact and cooperation with a child’s school systems to provide a coordinated approach to meeting the educational needs of each child. 5. An agency shall provide appropriate space, adequate lighting, supervision for quiet study after school hours, and access to reference materials and school supplies. 6. Children shall be permitted and encouraged to participate in extracurricular activities such as sports, art, and music, to the extent of their interests, abilities, and talents. AUTHORITY sections 207.020 and 660.017, RSMo 2016.* This rule originally filed as 13 CSR 40-73.050. Original rule filed Sept. 18, 1956, effective Sept. 28, 1956. Refiled: March 12, 1976. Amended: Filed Nov. 6, 1981, effective Feb. 11, 1982. Amended: Filed Oct. 13, 1982, effective Jan. 13, 1983. Rescinded: Filed Jan. 14, 1997, effective July 30, 1997. Readopted: Filed Feb. 6, 1997, effective July 30, 1997. Moved to 13 CSR 3573.050 and amended: Filed Sept. 7, 2018, effective April 30, 2019. *Original authority: 207.020, RSMo 1945, amended 1961, 1965, 1977, 1981, 1982, 1986, 1993, 2014 and 660.017, RSMo 1993, amended 1995.