210.025. Criminal background checks, persons receiving state or federal funds for child care, procedure--rulemaking authority.

MISSOURI STATUTES AND CODES

210.025. Criminal background checks, persons receiving state or federal funds for child care, procedure--rulemaking authority.

Criminal background checks, persons receiving state or federal fundsfor child care, procedure--rulemaking authority.

210.025. 1. To qualify for receipt of state or federal funds forproviding child-care services in the home either by direct payment orthrough reimbursement to a child-care beneficiary, an applicant and anyperson over the age of seventeen who is living in the applicant's homeshall be required to submit to a criminal background check pursuant tosection 43.540, RSMo, and a check of the central registry for child abuseestablished in section 210.145. Effective January 1, 2001, therequirements of this subsection or subsection 2 of this section shall besatisfied through registration with the family care safety registryestablished in sections 210.900 to 210.936. Any costs associated with suchchecks shall be paid by the applicant.

2. Upon receipt of an application for state or federal funds forproviding child-care services in the home, the family support divisionshall:

(1) Determine if a finding of child abuse or neglect by probablecause prior to August 28, 2004, or by a preponderance of the evidence afterAugust 28, 2004, involving the applicant or any person over the age ofseventeen who is living in the applicant's home has been recorded pursuantto section 210.145 or 210.221;

(2) Determine if the applicant or any person over the age ofseventeen who is living in the applicant's home has been refused licensureor has experienced licensure suspension or revocation pursuant to section210.221 or 210.496; and

(3) Upon initial application, require the applicant to submit tofingerprinting and request a criminal background check of the applicant andany person over the age of seventeen who is living in the applicant's homepursuant to section 43.540, RSMo, and section 210.487, and inquire of theapplicant whether any children less than seventeen years of age residing inthe applicant's home have ever been certified as an adult and convicted of,or pled guilty or nolo contendere to any crime.

3. Except as otherwise provided in subsection 4 of this section, uponcompletion of the background checks in subsection 2 of this section, anapplicant shall be denied state or federal funds for providing child careif such applicant, any person over the age of seventeen who is living inthe applicant's home, and any child less than seventeen years of age who isliving in the applicant's home and who the division has determined has beencertified as an adult for the commission of a crime:

(1) Has had a finding of child abuse or neglect by probable causeprior to August 28, 2004, or by a preponderance of the evidence afterAugust 28, 2004, pursuant to section 210.145 or section 210.152;

(2) Has been refused licensure or has experienced licensuresuspension or revocation pursuant to section 210.496;

(3) Has pled guilty or nolo contendere to or been found guilty of anyfelony for an offense against the person as defined by chapter 565, RSMo,or any other offense against the person involving the endangerment of achild as prescribed by law; of any misdemeanor or felony for a sexualoffense as defined by chapter 566, RSMo; of any misdemeanor or felony foran offense against the family as defined in chapter 568, RSMo, with theexception of the sale of fireworks, as defined in section 320.110*, RSMo,to a child under the age of eighteen; of any misdemeanor or felony forpornography or related offense as defined by chapter 573, RSMo; or of anysimilar crime in any federal, state, municipal or other court of similarjurisdiction of which the director has knowledge or any offenses or reportswhich will disqualify an applicant from receiving state or federal funds.

4. An applicant shall be given an opportunity by the division tooffer any extenuating or mitigating circumstances regarding the findings,refusals or violations against such applicant or any person over the age ofseventeen or less than seventeen who is living in the applicant's homelisted in subsection 2 of this section. Such extenuating and mitigatingcircumstances may be considered by the division in its determination ofwhether to permit such applicant to receive state or federal funds forproviding child care in the home.

5. An applicant who has been denied state or federal funds forproviding child care in the home may appeal such denial decision inaccordance with the provisions of section 208.080, RSMo.

6. If an applicant is denied state or federal funds for providingchild care in the home based on the background check results for any personover the age of seventeen who is living in the applicant's home, theapplicant shall not apply for such funds until such person is no longerliving in the applicant's home.

7. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in thissection shall become effective only if it complies with and is subject toall of the provisions of chapter 536, RSMo, and, if applicable, section536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this sectionshall be interpreted to repeal or affect the validity of any rule filed oradopted prior to August 28, 1999, if it fully complied with all applicableprovisions of law. This section and chapter 536, RSMo, are nonseverableand if any of the powers vested with the general assembly pursuant tochapter 536, RSMo, to review, to delay the effective date or to disapproveand annul a rule are subsequently held unconstitutional, then the grant ofrulemaking authority and any rule proposed or adopted after August 28,1999, shall be invalid and void.