Mo. Code Regs. tit. 13 § 35-60.090

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

Section 13 CSR 35-60.090 - Denial or Revocation of License

PURPOSE: This rule addresses the procedures for license denial or revocation and the right for a hearing for a foster parent who is aggrieved by denial or revocation of his/her license, as required by section 210.526, RSMo.

(1) The division may deny a license to an applicant, or may revoke the license of a licensee, if the applicant or anyone in the applicant's household-

(A) Fails consistently to comply with the applicable provisions of sections 208.400 to 208.535, RSMo, and the rules of the Children's Division promulgated thereunder;

(B) Violates any of the provisions of its license;

(C) Violates state laws and/or rules relating to the protection of children;

(D) Furnishes or makes any misleading or false statements or reports to the division;

(E) Refuses to submit to the division any reports or refuses to make available to the division any records required by the division in conducting an investigation;

(F) Fails or refuses to admit authorized representatives of the division into his/her home at any reasonable time for the purpose of investigation;

(G) Fails or refuses to submit to an investigation by the division;

(H) Fails to provide, maintain, equip, and keep in safe and sanitary condition the premises established or used for the care of children being served, as required by law, rule, or ordinance applicable to the location of the foster home;

(I) Fails to provide financial resources adequate for the satisfactory care of and service to children being served and the upkeep of the premises; or

(J) Abuses or neglects children, or is the subject of reports of child abuse or neglect which upon investigation result in a court adjudicated, probable cause and/or preponderance of evidence finding, or is found guilty, pleads guilty to, or pleads nolo contedere to felony crimes against a person to include, but not limited to, felony possession, distribution or manufacturing of controlled substance crimes as specified in Chapters 195, 565, 566, 567, 568, and 573, RSMo, or a substantially similar offense if committed in another state or country. The division may also deny or revoke a license to any person(s) who are on the respective Department of Health and Senior Services and/or the Department of Mental Health lists that exclude child or adult care employment and/or licensure.

(2) The division shall provide written notice of denial or revocation of a license. The notice shall-

(A) Inform the applicant or licensee of the nature of the decision;

(B) State generally the factual and legal basis for the division's decision;

(C) State the effective date of the application, if applicable; and

(D) Notify the licensee of his/her right to seek administrative review.

(3) At any time during the denial or revocation process, the division may issue an amended notice of denial or revocation if additional, relevant information is discovered.

(4) Any notice for revocation shall be given ten (10) days prior to the effective date of the action.

(5) The licensee or applicant may not reapply for licensure within one (1) year from the date of denial or revocation. If a licensee or applicant for license has previously had an application for foster parent license denied or revoked by the State of Missouri or any other state or country, the applicant shall fully disclose the reasons for the denial or revocation and shall establish by preponderance of the evidence that the reasons for the license denial or revocation have been cured or no longer exist.

(6) The Children's Division will retain the option not to renew a foster home license in cases where a licensed foster home has not accepted a placement over a two- (2-) year period.

(7) Hearing on Administrative Review.

(A) The applicant/licensee who is aggrieved by the decision of the division to deny a license application, deny license renewal, or revoke an existing license shall have the right to a hearing on administrative review of the division's decision.

(B) The licensee or applicant for a license may appeal the decision of the division to deny or revoke the license by filing a written request for administrative review with the division within thirty (30) days after the date of the notice of denial or revocation. The request for administrative review shall set forth the basis of the applicant/licensee's objection to the division's decision.

(C) The division may attempt to resolve the issue with the aggrieved party with an informal meeting prior to the hearing.

(D) If renewal of a license is denied and an administrative review hearing is properly requested, the applicant's current license shall be placed on administrative hold pending the entry of an order after the administrative review hearing.

(E) If an existing license is revoked and an administrative review hearing is properly requested, the license shall be placed on administrative hold pending the entry of an order after the administrative review hearing.

(F) If the licensee or applicant for a license requests an administrative review hearing, the division shall hold said hearing following the procedures for an administrative review hearing in contested cases as set forth in Chapter 536, RSMo. The Administrative Hearings Unit of the Division of Legal Services of the Department of Social Services (Administrative Hearings Unit) shall hold all hearings. The Administrative Hearings Unit shall be authorized to issue subpoenas and subpoenas duces tecum pursuant to section 536.077, RSMo.

(G) After the hearing, the Administrative Hearings Unit shall issue a written decision and, except in default cases or cases disposed of by stipulation, consent order, or agreed settlement, the decision, including orders refusing licenses, shall include or be accompanied by, findings of fact and conclusions of law. The findings of fact shall be stated separately from the conclusions of law and shall include a concise statement of the findings on which the agency bases its order. Immediately upon deciding any contested case, the agency shall give written notice of its decision by delivering or mailing such notice to each party, or his/her attorney of record, and shall upon request furnish him/her with a copy of the decision, order and findings of fact and conclusions of law.

(H) The decision of the Administrative Hearings Unit shall be the final decision of the division. Any person aggrieved by a final decision of the division shall be entitled to judicial review as provided in sections 210.526 and 536.100 through 536.140, RSMo.

13 CSR 35-60.090

Adopted by Missouri Register February 1, 2016/Volume 41, Number 03, effective 3/31/2016