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 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 consideration of amelioration.
Recommend revocation of license status using the Resource Home Adverse Action Report, CS-20, through supervisory lines to the Regional Director’s office:
- Identify and document the areas of non-compliance;
- In the summary, cite licensing rule(s) on which the decision is based. The summary must contain clear and cogent facts to support staff’s recommendations for revocation of license.
- 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.
- Notify resource family by registered mail with the Notification of Resource Home Adverse Action letter, CS-20a, of revocation, citing licensing rule(s).
- Notify foster and relative foster parents of their right to the fair hearing process.
- If no resource parent response within thirty (30) calendar days of notice, or after agency decision is upheld in fair hearing process, close the vendor with the close reason of revocation. Do not enter a revocation in FACES until the time frames have been met for due process.
- Retrieve all foster parent identification cards and approval certificates issued to the resource providers.
- Record revocation activities.
- Close record.
If the Regional Director or designee does not uphold revocation recommendation, continue licensure status.
The worker must obtain the applicant’s signature on the home assessment indicating agreement. The applicant’s signature is also needed if the worker has decided to deny licensure. The signature indicates that the applicant has reviewed the assessment.
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.
When a home is on Administrative Hold due to pursuing revocation of the license, certain steps in FACES must be completed before the license expiration date.
- If it is 30 days prior to the license expiration date, and
- If the children have been removed, and
- The fair hearing has not happened and /or is scheduled for after the expiration date of the license,
Complete the following steps in FACES before the expiration date:
- Close the vendor with close reason Discontinued Services
- 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).
- Enter all the information on the Vendor Appeal Screen
- 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.
- If the Children’s 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.