Mo. Code Regs. tit. 13 § 35-71.050
Current through Register Vol. 49, No. 21, November 1, 2024.
Section 13 CSR 35-71.050 - Staff Qualifications and RequirementsPURPOSE: This rule sets forth the requirements for personnel practices, including staff qualifications, staff/child ratios, staff training and nonpaid staff.
(1) Employee Qualifications. (A) The agency shall employ staff who are qualified by education, training, and experience for their assigned responsibilities. A current employee who has qualified for a position under the previous rule and is serving in that position shall be exempt from meeting any increased requirements defined by these rules.(2) Administrative and Supervisory Personnel. (A) The agency shall employ staff to perform administrative, supervisory, service and direct care functions which may be combined only upon the approval of the division.(B) When indirect care functions have been approved by the division and are combined, the staff member shall meet the requirements for each function.(C) The administrator shall be at least twenty-five (25) years of age and shall have one (1) of the following: 1. A master's degree in social work, counseling, social work administration, or a related human service degree, from an accredited school and two (2) years' experience in the management or supervision of child care personnel and programs;2. A bachelor's degree in social work or a human service area of study from an accredited school and four (4) years' experience in the management or supervision of residential treatment for children and youth personnel and programs; or3. If the administrator/executive director is responsible only for personnel, fiscal management and physical plants, and is not responsible for the programs and services of the agency, the agency may employ an administrator who has a bachelor's degree from an accredited school and two (2) years' experience in residential treatment for children and youth services. However, in this case, the agency shall employ a program director who meets the qualifications set forth in 13 CSR 35-71.130(1)(A) 1. and 2.(D) When the position of administrator/executive director is vacated, the governing body immediately shall designate a qualified person to act as administrator/executive director and the board president/designee shall notify the licensing unit in writing within five (5) working days.(E) The administrator/executive director shall designate in writing a qualified staff to be in charge when s/he is absent.(F) The program director shall have one (1) of the following: 1. A master's degree in social work or a human service area of study from an accredited school; or2. A bachelor's degree in social work or a human service area or study from an accredited school plus two (2) years' experience in residential treatment for children and youth services.(3) Professional Personnel. (A) An agency shall obtain any professional services required for the implementation of the individual service plan of a child when these services are not available from staff.(B) Professional staff who perform casework, group work tasks, or planning of services for children and their families, will have at least a bachelor's degree in social work, psychology, counseling or a related field from an accredited college. Professional staff performing individual and/or family therapy shall have a master's degree in social work, psychology, counseling, or closely related field of study from an accredited college.(C) Full- or part-time professional staff including psychologists, psychiatrists, social workers, counselor physicians, teachers and nurses, shall meet the licensing or certification requirements of their profession in Missouri.(D) The agency shall have at least one (1) professional staff for every twenty (20) children in care.(E) The agency shall designate a supervisor for professional staff when six (6) or more staff are employed. The supervisor shall have a master's degree in social work, psychology, counseling, or closely related field of study and at least two (2) years' clinical experience.(F) Agencies, who by mission, serve a medically fragile and/or drug and alcohol affected population shall employ or contract with and schedule a licensed nurse for not less than twenty (20) hours per week. At least one (1) staff shall be present at all times who is trained in infant/child cardio pulmonary resuscitation.(4) Direct Care Staff-Staff/Child Ratios. (A) Direct care staff shall be responsible, mature individuals of reputable character who exercise sound judgment, display the capacity to provide good care and supervision of children and must demonstrate competence in their duties in the following areas: 1. Protecting and nurturing children;2. Meeting child developmental needs and addressing child developmental delays;3. Supporting relationships between children and families;4. Working as a member of a professional team; and5. Supporting children with lifetime relationships.(B) Direct care staff shall be at least twenty-one (21) years of age and shall have at least a high school diploma or general educational development certificate. A staffing plan shall be developed which allows for consistency of care through communication between different shifts of care regarding activities or special needs or problems of children.(C) The ratio of direct care staff to children shall be dependent on the needs of the children, but the staff/child ratio during waking hours shall not be less than one to four (1:4) for children birth to six (6) years of age.(D) The staff/child ratio during waking hours shall not be less than one to six (1:6) for children six (6) to eight (8) years of age.(E) The staff/child ratio during waking hours shall not be less than one to ten (1:10) for children eight (8) years of age and over.(F) Staff in agencies serving children ages birth through six (6) years shall be awake during sleeping hours with a ratio of not less than one to six (1:6).(G) For children ages six (6) to eight (8) years of age, the staff/child ratios during sleeping hours, for staff on duty but asleep, shall not be less than one to ten (1:10). If staff on duty remain awake, a ratio of not less than one to twelve (1:12) shall be required.(H) For children over eight (8) years of age, the staff/child ratios during sleeping hours, for staff on duty but asleep, shall not be less than one to ten (1:10). If staff on duty remain awake, a ratio of not less than one to twelve (1:12) shall be required. Reference Chart
The ratio of direct care staff to children shall be dependent on the needs of the children.
Age Range | Level of Care | Direct Care Staff to Resident Ratio |
Awake | Asleep |
Birth to 6 years | Basic Core | One (1) staff per four (4) children | One (1) staff per six (6) children. Staff must remain awake. |
6-8 years | Basic Core | One (1) staff per six (6) children | One (1) staff per ten (10) children (If the staff is on duty, but also sleeping). Or One (1) staff per twelve (12) children (if staff on duty remain awake). |
Over 8 years | Basic Core | One (1) staff per ten (10) children | One (1) staff per ten (10) children (If the staff is on duty, but also sleeping). Or One (1) staff per twelve (12) children (if staff on duty remain awake). |
(I) Agencies must have two (2) staff available at all times, even if their staff/child ratio is lower than required above. One (1) staff may be sleeping, but available for emergency situations. When an agency has multiple cottages/units on campus or in a large congregate care setting, an awake, roving, staff may serve the purpose of maintaining the required staff/child ratio by maintaining a presence in the cottages/units on a rotating, regular, and timely basis.(J) Appropriate staff/child ratios must be maintained at all times.(K) Any children of live-in staff shall be included in the required staff/child ratios.(L) The division may require a higher staff/child ratio if on site review indicates a need for more supervision to maintain control, discipline, and adequate care, or the division may approve a lower staff/child ratio if on site review indicates adequate care, discipline, and control can be maintained at a lower staff/child ratio.(M) Staff/child ratios shall be maintained at all group off-grounds activities.(N) Agencies employing twelve (12) or more direct care staff shall designate staff to be primarily responsible for supervising, evaluating, and monitoring the daily work and progress of the direct care workers who shall have one (1) of the following: 1. A bachelor's degree and one (1) year of work experience in a residential treatment agency for children and youth;2. Two (2) years' college and two (2) years' work experience in a residential treatment agency for children and youth; or3. A high school diploma and three (3) years' work experience in a residential treatment agency for children and youth.(5) Relief Staff. The agency shall provide planned relief for direct care staff and shall have qualified relief staff to substitute for direct care staff for sick leave, vacation, relief time, and other absences.(6) Interns. Graduate or undergraduate interns in a field work placement at the agency shall be subject to the general personnel policies of the agency, but shall not be considered or used as substitutes for employed staff.(7) Educational Staff. An agency operating an on-grounds school shall demonstrate compliance with the Missouri State Department of Elementary and Secondary Education certification requirements for teachers/administrators/counselors.(8) Recreational and Activity Staff. (A) The agency shall develop and coordinate the agency's recreational and activity programs by designating staff qualified by experience, education or training, or both, or certified to carry out the program outlined in the recreation plan.(B) An agency shall assign recreational/activity staff on basis of experience, education, and/or training in working with groups of children whose recreational needs and interests vary. Additional training shall be provided for this staff to enhance his/her ability to perform his/her assigned duties.(9) Clerical Staff. Clerical staff shall be employed as needed for general clerical duties such as typing, recordkeeping, bookkeeping, and filing. Clerical staff shall not supervise or assist in the care of children without being qualified according to these rules.(10) Other Staff. An agency shall employ, as needed, cooks, kitchen helpers, maintenance, custodial, and other support staff to perform housekeeping and maintenance functions.(11) Volunteers. If an agency uses volunteers as part of its program of services, the agency shall have written policies which include: (A) A clear description of the agency's purposes and goals;(B) A clear job description for the director of volunteers and for each category of volunteers;(C) A clear differentiation of functions and activities appropriate for paid staff members and volunteers in policy-making, advocacy, administrative, and direct service roles. If volunteers are counted toward the staff/child ratio, an agency supervisory employee must be present and available at the operating site;(D) A process for screening and selecting volunteers, who have direct contact with children similar to that used for paid staff members;(E) A defined line of supervision, with clear written expectations of the supervisor and the volunteers;(F) Orientation, preservice and in-service training activities in the volunteers' specified roles;(G) Procedures for monitoring and evaluating volunteer activities and contributions;(H) Procedures for observing professional ethics and confidentiality;(I) Procedures for reimbursement of travel and other expenses; and(J) Procedures for handling conflicts between paid staff members and volunteers.(12) Visiting Resources. (A) Visiting resources shall be approved by individual resident's parent(s), legal guardian, or legal custodian. AUTHORITY: sections 210.481, 210.486, 210.506, and 210.511, RSMo 2000.* This rule originally filed as 13 CSR 40-71.050. Original rule filed Nov. 9, 1978, effective Feb. 11, 1979. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11, 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Moved to 13 CSR 35-71.050, effective Oct. 30, 2008. Amended: Filed Dec. 16, 2013, effective June 30, 2014. *Original authority: 210.481, RSMo (1982), amended 1985; 210.486 and 210.506, RSMo (1982), amended 1993; and 210.511, RSMo (1982).