Mo. Code Regs. tit. 19 § 30-63.040

Current through Register Vol. 49, No. 21, November 1, 2024.

Section 19 CSR 30-63.040 - Background Screening Findings

PURPOSE: This amendment adds criteria that would cause a child care staff member to be ineligible for employment or presence at a family child care home, group child care home, child care center, or license-exempt facility to comply with section 210.1080.4, RSMo 2020.

(1) Any child care staff member or prospective child care staff member shall be ineligible for employment or presence at a family child care home, group child care home, child care center, or license-exempt facility not exempted by section 210.1080.13, RSMo if such person-

(A) Refuses to consent to the criminal background check as required by section 210.1080, RSMo;

(B) Knowingly makes a materially false statement in connection with the criminal background check as required by section 210.1080, RSMo;

(C) Is registered, or is required to be registered, on a state sex offender registry or repository or the National Sex Offender Registry;

(D) Is listed as a perpetrator of child abuse or neglect under sections 210.109 to 210.183, RSMo or has any other finding of child abuse or neglect based on any other state's registry or database; or

(E) Has pled guilty or nolo contendere to or been found guilty of-

1. Any felony for an offense against the person as defined in Chapter 565, RSMo;

2. Any other offense against the person involving the endangerment of a child as prescribed by law;

3. Any misdemeanor or felony for a sexual offense as defined in Chapter 566, RSMo;

4. Any misdemeanor or felony for an offense against the family as defined in Chapter 568, RSMo;

5. Burglary in the first degree as defined in section 569.160, RSMo;

6. Any misdemeanor or felony for robbery as defined in Chapter 570, RSMo;

7. Any misdemeanor or felony for pornography or related offense as defined in Chapter 573, RSMo;

8. Any felony for arson as defined in Chapter 569, RSMo;

9. Any felony for armed criminal action as defined in section 571.015, RSMo, unlawful use of a weapon as defined in section 571.030, RSMo, unlawful possession of a firearm as defined in section 571.070, RSMo, or the unlawful possession of an explosive as defined in section 571.072, RSMo;

10. Any felony for making a terrorist threat as defined in section 574.115, 574.120, or 574.125, RSMo;

11. A felony drug-related offense committed during the preceding five (5) years, or

12. Any similar offense in any federal, state, municipal, or other court of similar jurisdiction of which the director of the designated department has knowledge.

(2) Adult household members eighteen (18) years of age and older in a family child care home shall be ineligible to maintain a presence at a family child care home if any one (1) or more of the provisions of section (1) of this rule applies to them.

19 CSR 30-63.040

Adopted by Missouri Register March 15, 2019/Volume 44, Number 6, effective 2/25/2019

Amended by Missouri Register July 15, 2019/Volume 44, Number 14, effective 9/3/2019

Amended by Missouri Register January 15, 2021/Volume 46, Number 2, effective 2/28/2021