210.516. Exceptions to license requirement--division may not require documentation. - Missouri Statutes

Exceptions to license requirement--division may not requiredocumentation.

210.516. 1. It shall be unlawful for any person toestablish, maintain, or operate a foster home, residential carefacility, or child placing agency, or to advertise or holdhimself out as being able to perform any of the services asdefined in sections 210.481 to 210.536, without having in fullforce and effect a license issued by the division; provided,however, that nothing in sections 210.481 to 210.536 shall applyto:

(1) Any residential care facility operated by a person inwhich the care provided is in conjunction with an educationalprogram for which a tuition is charged and completion of theprogram results in meeting requirements for a diploma recognizedby the state department of elementary and secondary education;

(2) Any camp, hospital, sanitarium, or home which isconducted in good faith primarily to provide recreation, medicaltreatment, or nursing or convalescent care for children;

(3) Any person who receives free of charge, and not as abusiness, for periods of time not exceeding ninety consecutivedays, the child of personal friends of such person as anoccasional and personal guest, and who receives custody of noother unrelated child;

(4) Any child placing agency operated by the department ofmental health or any foster home or residential care facilityoperated or licensed by the department of mental health undersections 630.705 to 630.760, RSMo, which provides care,treatment, and habilitation exclusively to children who have aprimary diagnosis of mental disorder, mental illness, mentalretardation or developmental disability, as defined in section630.005, RSMo;

(5) Any foster home arrangement established and operated byany well-known religious order or church and any residential carefacility or child placement agency operated by such organization;or

(6) Any institution or agency maintained or operated by thestate, city or county.

2. The division shall not require any foster home,residential care facility, or child placing agency which believesitself exempt from licensure as provided in subsection 1 of thissection to submit any documentation in support of the claimedexemption; however said foster home, residential care facility,or child placing agency is not precluded from furnishing suchdocumentation if it chooses to do so.

(L. 1982 H.B. 1171, et al. §§ 210.516, 210.521)