(Effective: 02/26/2025)
3.3 License Denial and Revocation
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 Missouri Revisor of Statutes – Revised Statutes of Missouri, RSMo Chapter 210.481 to 210.566), and the rules of the Children’s Division promulgated there under;
(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 or 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.
Administrative Hold is used during the period of evaluation and considers whether identified concerns have been addressed.
The worker must obtain the applicant’s signature on the home assessment whether or not the license is being granted or denied. The applicant’s signature only means the applicant acknowledges receiving the findings, not that they agree with those findings.
When recommending revocation, cite action taken by the agency to help the family resolve the situation causing the problem(s). Describe what services have been offered to the family and the results.
Recommend revocation of license status using the Resource Home Adverse Action Report, CS-20 put in hyperlink, through supervisory lines to the Regional Director’s office:
1. Identify and document the areas of non-compliance;
2. In the summary, cite licensing rule(s) on which the decision is based and describe efforts made to assist the family. The summary must contain clear and cogent facts to support staff’s recommendations for revocation of license.
3. When adverse action is CAN related, submit a copy of Child Abuse and Neglect Investigation or Family Assessment Summary, CPS-1.
If it is decided the resource parents should no longer provide out-of-home care, immediately start the revocation procedure. Do not allow license simply to expire.
Receive confirmation from Regional Director of agreement with revocation recommendation.
• Notify resource family by personal contact of recommended adverse action.
• Additionally, notify the resource family by registered mail with the Notification of Resource Home Adverse Action letter, CS-20a, of revocation, citing licensing rule(s).
• The notification by registered mail should include details of the foster and relative foster parents right to the fair hearing process.
If Children’s Division does not receive a response from the Resource Parent within thirty (30) calendar days of when they received the notice, or if the agency decision is upheld in fair hearing process, close the vendor with the close reason of revocation.
In order to comply with due process, do not enter a revocation in FACES until the thirty (30) day time frame has expired or until the agency decision is upheld if the resource parent files an appeal.
• Retrieve all foster parent identification cards and approval certificates issued to the resource providers.
• Record revocation activities.
• Close record.
Complete the following steps in FACES before the expiration date:
1. Close the vendor with close reason Discontinued Services
2. In the comments box enter the following statement:
The home is being closed due to licensing issues which resulted in a revocation notice, and the fair hearing has not occurred and will occur after the expiration date (enter the expiration date).
After the expiration date has been entered do the following:
3. Enter all the information on the Vendor Appeal Screen
4. If Children’s Division’s decision to revoke the license is overturned, a new application for the home to continue providing foster care services may be opened.
5. If the revocation decision is affirmed, enter a new application using the same date as the closure, deny the application and in the comments enter the following statement:
The home was closed (date) due to licensing concerns. The fair hearing occurred after the expiration of the license. The decision to revoke the license was affirmed through the fair hearing process. Therefore, this application is being entered and denied to document the revocation of the license.
If the Regional Director or designee does not uphold revocation recommendation, continue licensure status.
License Denial
Recommend denial using the Resource Home Adverse Action Report, CS-20 , through supervisory lines to the Regional Director:
1. Include a summary of the licensing rules on which the decision is based.
2. When an adverse action is CAN related, submit to the Regional Director or designee a copy of the Child Abuse and Neglect Investigation Family Assessment Summary (CPS-1), and Safety Assessment (CD-17).
3. When recommended adverse action is denial, submit a copy of the home assessment to the Regional Director or designee.
4. Receive confirmation from the Regional Director or designee of denial decision.
5. Notify applicant, by personal contact, of recommended adverse action.
6. Additionally, notify the applicant by registered mail with the Notification of Resource Home Adverse Action letter, CS-20a, of adverse action taken and of procedure for fair hearing.
7. If no response is received within thirty (30) calendar days of written notice or after agency decision is upheld in fair hearing process, close the license in FACES with a close reason of denial. Do not enter the denial of the application until the applicant has completed all the due process time frames. Refer to Section 6 Chapter 7 regarding the Children’s Division’s licensing decision appeal processes.
8. It is important to understand the difference between denial and withdrawn. When there is a concern with the family becoming resource parents the application should not be withdrawn but denied. The applicant is normally denied due to concerns with not meeting some of the competencies.
9. If an applicant wants to withdraw that is within their rights. They may withdraw for many reasons: finds out it is not the right time or fit for them, they are moving out of state or out of the county, or family members become ill. If a client withdraws they can come back and foster but if they are denied that is not necessarily the case.