210.221. Licenses to be issued by department of health and senior services--duty to fix standards and make investigations--rule variance granted when, procedure. - Missouri Statutes

Licenses to be issued by department of health and seniorservices--duty to fix standards and make investigations--rulevariance granted when, procedure.

210.221. 1. The department of health and senior services shall have thefollowing powers and duties:

(1) After inspection, to grant licenses to persons to operate child-carefacilities if satisfied as to the good character and intent of the applicantand that such applicant is qualified and equipped to render care or serviceconducive to the welfare of children, and to renew the same when expired. Nolicense shall be granted for a term exceeding two years. Each license shallspecify the kind of child-care services the licensee is authorized to perform,the number of children that can be received or maintained, and their ages andsex;

(2) To inspect the conditions of the homes and other places in which theapplicant operates a child-care facility, inspect their books and records,premises and children being served, examine their officers and agents, deny,suspend, place on probation or revoke the license of such persons as fail toobey the provisions of sections 210.201 to 210.245 or the rules andregulations made by the department of health and senior services. Thedirector also may revoke or suspend a license when the licensee fails to renewor surrenders the license;

(3) To promulgate and issue rules and regulations the department deemsnecessary or proper in order to establish standards of service and care to berendered by such licensees to children. No rule or regulation promulgated bythe division shall in any manner restrict or interfere with any religiousinstruction, philosophies or ministries provided by the facility and shall notapply to facilities operated by religious organizations which are not requiredto be licensed; and

(4) To determine what records shall be kept by such persons and the formthereof, and the methods to be used in keeping such records, and to requirereports to be made to the department at regular intervals.

2. Any child-care facility may request a variance from a rule orregulation promulgated pursuant to this section. The request for a varianceshall be made in writing to the department of health and senior services andshall include the reasons the facility is requesting the variance. Thedepartment shall approve any variance request that does not endanger thehealth or safety of the children served by the facility. The burden of proofat any appeal of a disapproval of a variance application shall be with thedepartment of health and senior services. Local inspectors may grant avariance, subject to approval by the department of health and senior services.

3. The department shall deny, suspend, place on probation or revoke alicense if it receives official written notice that the local governing bodyhas found that license is prohibited by any local law related to the healthand safety of children. The department may, after inspection, find thelicensure, denial of licensure, suspension or revocation to be in the bestinterest of the state.

4. Any rule or portion of a rule, as that term is defined in section536.010, RSMo, that is created under the authority delegated in sections210.201 to 210.245 shall become effective only if it complies with and issubject to all of the provisions of chapter 536, RSMo, and, if applicable,section 536.028, RSMo. All rulemaking authority delegated prior to August 28,1999, is of no force and effect and repealed. Nothing in this section shallbe interpreted to repeal or affect the validity of any rule filed or adoptedprior to August 28, 1999, if it fully complied with all applicable provisionsof law. This section and chapter 536, RSMo, are nonseverable and if any ofthe powers vested with the general assembly pursuant to chapter 536, RSMo, toreview, to delay the effective date or to disapprove and annul a rule aresubsequently held unconstitutional, then the grant of rulemaking authority andany rule proposed or adopted after August 28, 1999, shall be invalid and void.

(RSMo 1949 § 210.240, A.L. 1955 p. 685 § 210.220, A.L. 1987 S.B. 277, A.L. 1993 H.B. 376 merged with S.B. 52, A.L. 1995 S.B. 3, A.L. 1999 H.B. 490 & H.B. 308)

Prior revision: 1929 § 14135