Mo. Code Regs. tit. 13 § 35-73.020

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

Section 13 CSR 35-73.020 - Organization and Administration

PURPOSE: This rule sets forth the requirements for the incorporation, administration and financing of the agency.

(1) Legal Basis for Operation. Agencies which are incorporated in the state of Missouri shall submit to the division their Articles of Incorporation and Certificate of Incorporation.

(2) An agency shall have a governing board, advisory board or designated individual responsible for establishing its policies, determining its programs, guiding its development and providing its leadership. The governing board, advisory board or designated individual shall be responsible for-

(A) Developing and maintaining a program of orientation and training for all new members of the governing board or advisory board;

(B) Developing, maintaining and incorporating provisions for amending a set of bylaws regulating the size, method of selection, structure, function, organization, decision making and authority of the governing board or advisory board;

(C) Keeping minutes of each meeting of the governing board or advisory board which shall reflect its official actions;

(D) Meeting as often as necessary, but at least four (4) times a year to conduct the business of the agency;

(E) Continuing compliance with all applicable federal, state or local laws, or regulations governing the operation and services of the agency;

(F) Assuring that an agency's standards of practice be professional, ethical and responsive to client's needs;

(G) Appointing the administrator and delegating responsibility to that person to administer the agency in all of its activities, functions and services;

(H) Performing and retaining a written evaluation of the administrator on an annual basis;

(I) Providing the division a written statement which sets forth the kind and extent of authority delegated to the administrator;

(J) Assuring that all facilities are maintained, staffed and equipped to implement the agency's program effectively;

(K) Evaluating the written policies, program, procedures, and fee structures annually to determine that the interests of children and families are being served, and submitting the evaluation in writing to the division;

(L) Meeting with division staff when requested;

(M) Providing written notification to the division within five (5) working days when there is a change of administrator, governing board president or the organizational structure of the agency;

(N) Adequately protecting the legal rights of children served by the agency;

(O) Informing the division in writing of any legal action brought against the agency which affects any child or children in care, personnel, or conduct of the agency; and

(P) Maintaining a written list of the names, addresses, and title of each member of the governing board or advisory board which shall be provided upon request.

(3) The agency shall be responsible for financial management.

(A) The agency shall approve an annual budget which shall be on file at the agency and submitted to the licensing unit.

(B) The agency shall monitor the financial affairs of the agency and establish an accounting system capable of tracking income and expenditures.

(C) The agency shall be audited biennially by an independent certified public accountant and a copy shall be submitted to the division.

(D) The treasurer and all other persons authorized to handle funds of an agency shall furnish the agency fidelity bonds in amounts to be determined by the governing board. The expense of such bonds shall be borne by the agency.

(E) The agency shall develop written policy on management and security of client fees.

(4) The agency shall have a written policy covering conflict of interest, which shall include at a minimum the following provisions:

(A) Governing board members shall exempt themselves from voting on, or participating in, decisions that have or could have a monetary benefit or a benefit of any other nature upon them or their immediate family;

(B) The agency shall not use any business that is owned or operated by a governing board member or in which a governing board member has a financial interest, or shall not use the services of a governing board member unless the governing board can document that the goods or services were obtained at a competitive price;

(C) Governing board members seeking foster care or adoptive placement services from the agency shall resign from the governing board during the period(s) when such services are received. The requirements shall also apply when a person from a governing board member's immediate family seeks agency services;

(D) The agency shall not require clients to use the consultant services of a governing board member or of a governing board member's family;

(E) A governing board member shall not use a governing board position for personal benefit or for the benefit of family or friends who are seeking services from the governing board member's agency;

(F) While employees or their spouses can be members of the governing board, such membership shall not comprise more than forty percent (40%) of the composition of the governing board; and

(G) Any potential conflict of interest shall be declared by a governing board member and the minutes shall record declaration and abstention from the vote when a conflict exists.

(5) Agency Ethics.

(A) Agencies must not make or facilitate financial payments or offer other incentives for referrals.

(B) Agencies shall not influence decisions of clients by offering financial or other incentives.

(C) Agencies shall not coerce clients in any manner.

(D) All professional agency staff shall maintain the ethical codes of their respective professions.

13 CSR 35-73.020

AUTHORITY sections 210.481-210.536, (1994) and (Cum. Supp. 1996).* This rule originally filed as 13 CSR 40-73.020. Original rule filed Sept. 18, 1956, effective Sept. 28, 1956. Refiled: March 12, 1976. Amended: Filed Nov. 6, 1981, effective Feb. 11, 1982. Rescinded: Filed Jan. 14, 1997, effective July 30, 1997. Readopted: Filed Feb. 6, 1997, effective July 30, 1997. Moved to 13 CSR 35-73.020, effective June 30, 2018.