Area and county offices received memorandums in March regarding child care providers who had criminal convictions while receiving child care subsidies.  As a result of these findings, Governor Carnahan issued an Executive Order on April 1, 1999, introducing a collaborative effort to inform parents of a service to have caregivers screened for:

• Certain criminal conviction;
• Probable cause Child Abuse and Neglect referral;
• Foster care license revocation, and;
• Child care license revocation.

In addition to the background screenings, registered home child care providers are required to:

• be at least 18 years of age;
• be tested for Tuberculosis (TB);
• notify parents if the provider does not have immediate access to a telephone; and
• install and maintain an adequate number of smoke detectors in the residence where child care is provided.

The information contained in this memorandum details instructions for county office staff to follow in implementing the various requirements from this legislation.  The instructions are specific to the steps to follow in handling provider registration.

Staff is instructed when circumstances warrant action toward denying or closing a child care provider's registration, the child care assistance household must be notified in conjunction with the notification to the provider.

Staff will use the IM-32cc as notice to child care assistance households of the proposed action to deny or close their child care provider's registration.  This letter will be mailed to the household at the same time an IM-80 or IM-32cc is sent to the child care provider.  Details on the use of the IM-80 and IM-32cc for child care providers affected by this legislation are discussed later in this memorandum.

County office staff are instructed to assist households who will need to change child care providers due to the impact of this policy.  Staff should make referrals to any community resource that could assist the household in locating an alternative child care provider.  Some resources to consider are:

• Child Care Resource and Referral Agencies;
• Department of Health, Bureau of Child Care;
• Head Start;
• United Way Agencies and;
• Community Action Agencies.

PROCESS FOR CHILD CARE PROVIDERS WHO ARE CURRENTLY REGISTERED:

Those registered home child care providers who are already active in our registration system with license exemption codes of FOL, OPU, and OPL are being sent system generated letters notifying them of the new requirements as a result of House Bill 490. Included with the letter are two copies of the Request for Child Abuse or Neglect/Criminal Record (SHP-159).  A copy of the letter and form is attached to this memorandum.  The provider is instructed to complete one form.  An additional form is supplied to be completed on any household member age 18 or older. Providers are instructed to contact the County office if additional forms are needed.  If contacted, the return address section of the SHP-159 should be completed with the County office address, to the attention of the Income Maintenance Child Care Unit before sending the form to the child care provider.  Include the provider vendor number in the lower right hand corner so staff will be able to connect household members completing the form with a provider.

Registered home child care providers must return the completed forms to the County office no later than September 7, 1999.

Foster Care License Screening:

When the completed forms are received in the County office, local staff are to complete the screening for Foster Care License Revocation.  Foster care information must be obtained through the Children's Services unit in the county office.  County offices will need to work out an arrangement between Income Maintenance and Children's Services identifying a staff person to complete the foster care license revocation screening.  Once that process is established, the information obtained must be shared with the Income Maintenance staff person regarding the findings of the screening relating to revocation.

The Children's Services staff person cannot release identifying information about specific incidents of license revocation due to client confidentiality.  In order to complete all the screenings required in a timely fashion, County offices are asked to complete the screening for Foster Care License Revocation the same day the SHP-159 is received.  If the screening reveals no history, a copy of the SHP-159 should be made and placed with the registration forms, then forwarded on to the Background Screening and Investigation Unit (BSIU) in Jefferson City.  The process for handling these providers who do have a history will be discussed later in this memorandum.

Child Care License Screening:

House Bill 490 also states that anyone who has had a child care license revoked, suspended or rejected is not eligible to receive payment from the Division of Family Services as a registered home child care provider.  A tape match is being conducted with the Department of Health Bureau of Child Care to complete this screening on our current registered home child care providers.  County office staff will receive a listing of any registered home provider that results from this match.  County office staff will send an IM-80 at that time notifying the provider they are no longer eligible to receive payment as a registered home child care provider.

Department of Health, Bureau of Child Care has agreed to provide a listing of child care license revocations, suspensions, or rejections to Central Office on a regular basis.  County offices will be notified by Central Office when a provider has had a child care license revoked, suspended, or rejected.  This information will be shared with all county offices to avoid a provider being registered, inadvertently, in a different county from which they were denied licensure.

Steps to Process Initial Background Screening for Current Providers:

Those providers receiving the screening notice have multiple screenings to complete as well as additional information to provide within given time periods in order to remain a registered provider.  The screening process that will be initiated with these letters and forms will require tracking by the County office.  Below are the steps that must be completed by any currently registered home child care provider.

Step 1:  Those providers that complete and return a SHP-159 form will continue through the screening process.  All SHP-159's should be forwarded on to BSIU immediately after completing the Foster Care License Revocation screening.  If the Foster Care License Revocation screening reveals a match, the provider is to be sent an IM-80 notifying them they are no longer eligible to be a registered home child care provider.

Those providers who fail to return the SHP-159 by September 7, 1999 will be sent an IM-80 notifying them that their registration will be closed in ten days, and they will not be eligible for payment after that date until the screening process has been completed.  County offices will determine which providers to close based on the listing they receive and comparing it to those providers who submit the SHP-159 by September 7, 1999.

Step 2:  Those providers who remain as eligible registered home child care providers on the listing after completing Step 1 must be forwarded to BSIU for the Child Abuse/Neglect screening.  If no history of CA/N is revealed, BSIU will forward the SHP-159 on to the Missouri State Highway Patrol for the Criminal Record Check.

Those providers that complete Step 1, but are found to have a history of CA/N through BSIU will be returned to the County office.  The County office will send an IM-80 notifying the provider they are no longer eligible to receive payment as a registered home child care provider.

Step 3:  Those providers that are sent on to the Missouri State Highway Patrol will be screened for any Criminal Record history.  If there is no "hit" this information will be returned to the County office.

Not all felonies or misdemeanors disqualify a person as a registered home child care provider.  If there is a "hit" found by the criminal record review the SHP-159 will be sent to Central Office.  Central Office staff will investigate and determine if the criminal history disqualifies the individual as an eligible registered home child care provider.  The County office will be notified to send an IM-80 informing the provider they are no longer eligible to receive payment as a registered home child care provider.

Note:  If a child care provider fails to return the SHP-159 to the county office by September 7, 1999, staff will initiate action to close their registration by sending an IM-80.  If the form is returned to the office while the IM-80 is pending, reimbursement to the provider may continue, pending the findings of the background screenings.  If the findings of the screenings indicates a match, staff will initiate the closing process indicating the reason for closing on the IM-80 as appropriate to the match made.

Step 4:  Once the screening process has been completed, remaining registered home child care providers must supply the county offices with proof of their age and social security number no later than October 1, 1999.  Although this information is available on the SHP-159, the registered home providers must provide proof of this information (copy of birth certificate, drivers license, social security card).  If the county office has not received the information by that time, the provider's registration is to be closed.  The County office will send an IM-80 notifying the provider they are no longer eligible to receive payment as a registered home child care provider.

Step 5:  Any registered home providers that have completed all the above screenings and requirements from the listing have been instructed to provide the county offices with proof of tuberculosis testing as quickly as possible.  Testing is available at most local health agencies for a nominal fee, but the frequency of the testing varies from one to another.  County offices need to contact their local health agency to determine a reasonable period of time to allow all registered vendors to be tested.  Any registered home child care provider who has not sent proof of tuberculosis testing to the county offices by December 31, 1999, is to have their registration closed.  The County office will send an IM-80 notifying the provider they are no longer eligible to receive payment as a registered home child care provider.

Specified Relative Providers:

Previous policy, IM#-78 dated September 9, 1996 allowed certain specified relatives (great grandparents, grandparents, aunts, uncles and siblings of the child needing care as long as the sibling does not reside in the home of the child) to be exempt from the Health and Safety Certification requirements of all other providers.  Due to changes enacted by House Bill 490, all registered home child care providers are now required to complete the Child Care Provider Health and Safety Certification (IM-92).  County office staff will receive a listing of all registered home child care providers that indicate a relative is providing care through the individual authorization screen.  Staff will be responsible for sending these parents/providers the Health and Safety Certification and ensuring it is returned to the county office.  If a provider does not complete the Health and Safety Certification in a timely manner, staff are instructed to close the provider's registration.

PROCESS FOR INITIAL OR RE-REGISTERING HOME CHILD CARE PROVIDERS:

At the time of initial registration and at re-registration, home child care providers will be required to sign and submit an additional form as part of the registration process.  This form is also required of any household member age 18 or older living in the home of the child care provider.  The SHP-159, Request for Child Abuse or Neglect/Criminal Record, will be used to gather information to be submitted for background screening.  The information screened will include CA/N probable cause determination, Foster Care License or Child Care License revocation, and certain Criminal Convictions.

Attached to this memorandum is a copy of the SHP-159.  The form is a three part carbon form to be completed and signed by the parent and the registered provider and any member of the provider's household age 18 or older.  Form instructions for the completion of the SHP-159 are also attached to this memorandum.

Step 1:  Staff are instructed to assist the parent and provider/household member with the completion of the form to insure its accuracy.  The provider's signature on the form allows staff the authority to complete the screenings using identifying information supplied by the provider on the SHP-159 (i.e., Social Security Number, date of birth, provider DVN, etc.).  In the bottom block of the form, there is a place for a return address.  Staff are to complete this section with the County office indicated in the return address to the attention of the Income Maintenance Child Care Unit.  Staff also need to print the provider DVN in the lower right hand corner of the SHP-159 in order to track which provider a particular household member may be a part of.  If this is a new provider without a DVN, write in the head of household DCN for which the child care assistance application was made.

Step 2:  The form will be returned to the County office where a Foster Care License Revocation screening will be completed.  This should be done the same day the form is received in the county office based on the process previously discussed in this memorandum.

Step 3:  If no history is found on the Foster Care License screening, staff will then check the listing of Child Care License Revocations, Suspensions and Rejections provided by the Department of Health Bureau of Child Care, as discussed previously in this memorandum.

Step 4:  If no history is revealed on the Child Care License screening, the form will be forwarded to the Background Screening Investigation Unit (BSIU).  BSIU will complete the screening for Child Abuse/Neglect and forward the form on to the Missouri State Highway Patrol for a Criminal Record check if no history is discovered in the CA/N screening.

Step 5:  The Missouri State Highway Patrol will conduct the Criminal Record check.  The results will be sent directly to the county office if there is  no "hit".  Not all felonies/misde-meanors disqualify the individual as a registered home child care provider.  If there is a "hit" found by the criminal record review, the SHP-159 will be sent to Central Office. Central Office staff will investigate and determine if the criminal history disqualifies the individual as an eligible registered home child care provider.  The County office will be notified, and if determined to be an ineligible provider, the County office will notify the provider they are not eligible to receive payment as a registered home child care provider.

The County office staff will have the authority to share the results of the screenings with the parent excluding any specific identifying information about the victims of the Child Abuse/ Neglect history.

Because this process is specific to registered home providers used by parents applying for child care assistance, we will be able to waive the need for a notary public as well as the fee attached to the criminal background screening.  The turn around time for the receipt of the information from the screenings should be minimal.  If the background screening information is not received in time for the family's child care assistance application to be processed, continue to determine their eligibility and place them on a waiting list for lack of provider.  Once the information is received, depending on the findings, the family may be released from the waiting list and the child/ren may be authorized for payment.

Under no circumstances will a provider be registered in the FAMIS Provider Registration System prior to the completion of all screenings and the provider deemed eligible as a registered home child care provider.

APPEAL PROCESS:

Those individuals who are determined to be an ineligible registered home child care provider may appeal this decision following normal Administrative Hearing processes.

Until revisions to some of the child care forms are complete, staff should utilize the IM-80 to notify existing providers when they have been determined ineligible to receive payment as a registered child care provider.  Leave the "Case Name" field blank, put the vendor number in the "Case Number" field, and mark "Other" listing "Discontinue your Child Care Provider Registration".

The provider may use the bottom portion of the IM-80 to request a hearing, or they may contact the County office directly and request a hearing using the IM-87.  Only the child care provider may request a hearing based on the denial of their eligibility as a registered home child care provider.  This is the only type of appeal that the provider may request.  The head of household cannot request a hearing based on the denial of a registered provider as the household is not being denied or losing any benefits.

The provider may supply information regarding mitigating circumstances while the IM-80 is pending.  In these situations, the information must be forwarded to the Child Care Program and Policy Unit for consideration.  The provider will not receive payments after the date the IM-80 expires under any circumstances.  If Central Office staff determine the provider may continue as an eligible registered home provider, payment may be reinstated at that time.

For initial and re-registering child care providers, use the IM-32CC to notify both the child care provider and parent(s) when the provider has been determined ineligible to receive payment as a registered child care provider.  When notifying the provider, list the vendor number or social security number in the "Case DCN" field, and indicate the reason for denial in the comments section.  The provider will have up to 90 days to request a hearing.

If a provider's registration has been closed, staff will need to check into the reason why the registration was closed and read the comments screen in order to determine the actual reason.  A provider may have been closed due to a "hit" on their background screening, which would make them ineligible to re-register in the future.  They may have a household member that had a "hit:" on the background screening, and would be ineligible to re-register until providing proof that household member no longer resides in their home.  It is imperative staff check the comments section for this reason.  This can be done by accessing FMFA.  Type the DVN and press "enter".  Press "F16" for services, which takes you to the FMFC screen.  On the command column, type an "S" next to CHC and press "F18" to view comments.

Other changes as a result of House Bill 490 have been incorporated into the Child Care Provider Registration/Direct Payment Information form (IM-91), Child Care Provider Health and Safety Certification form (IM-92), Child Care Provider Agreement (IM-93), and Child Care Provider Registration, Health and Safety Certification, Background Screening, and Invoicing Information (IM-91A).  These form revisions and instructions will be discussed in a separate memorandum.
 

PAYMENT PROCESSES:

The results of the background screening may be shared with the parent applying for child care assistance.  Depending on the results found, the decision for registering and paying the provider may vary.

Scenario 1:
A provider completes the SHP-159 answering "No" to the listed criteria, and the background screening results indicate a positive match in one or more of the criteria identified in this memorandum.  The provider WILL NOT be registered as a child care provider with the state.  Additionally, the provider will not be eligible for ANY state child care subsidy payment either by direct payment or through parent reimbursement.

Staff will notify child care assistance households of the decision to deny their chosen provider for registration immediately upon receipt of the final screening results.  Assist households whose providers are not eligible for registration in locating an alternative child care provider.  Utilize all community resources, including Child Care Resource and Referral Agencies, in the parent's search.  During the process of locating an alternative provider, the parent's child care case will remain on a waiting list for lack of provider.  Once a suitable provider is found, immediately remove the child care case from the waiting list and authorize the family for payment assistance for child care services.

Scenario 2:
A provider completes the SHP-159 answering "No" to each of the criteria.  The background screening is completed and supports the provider's declaration.  The provider may be registered as an appropriate registered home child care provider and will be eligible for direct subsidy payment following our current registration and payment processes.  Authorization for payment may be backdated to the date of request for child care assistance.

Scenario 3:
A provider completes the SHP-159 answering "Yes" to any of the listed criteria.  The background screening is completed verifying the provider's declaration.  In this situation, the child care assistance household will be notified of the decision to deny their chosen provider for registration, as previously discussed in this memorandum.  The parent will be given the opportunity to seek alternative child care arrangements.

• Review this memorandum with all appropriate staff.

 
• Effective immediately, begin applying the background screening policy for all registered providers and household members age 18 and older at the time of initial registration and at each re-registration.

 
• Effective immediately, begin using the SHP-159 as described in this memorandum.

 
• Effective immediately, register only those providers who meet the criteria as outlined in this memorandum.

Dear Registered Child Care Provider,

     Recently the Governor signed into law House Bill 490, requiring background screenings for home child care providers registered with the Division of Family Services.  The legislation requires all current and newly registered home providers and anyone 18 years of age or older living in the home of the provider to complete the following screenings:

• Child Abuse and Neglect;
• Criminal Record Review;
• Child Care Licensing History, and;
• Foster Care Licensing History

• a probable cause finding of child abuse or neglect; 
• a refusal, suspension or revocation of a child care or foster care license; or 
• certain criminal records, 

     In addition to the background screenings, legislation requires all registered home providers to:

• be at least 18 years of age; 
• provide proof of a tuberculosis test (TB); 
• install and maintain smoke detectors where child care is provided; and
• notify parents if you do not have access to a phone.

     Contact your doctor or local public health agency for information on tuberculosis (TB) testing.  Most public health agencies provide this service for a nominal fee.  You will be given the test initially, and then you will need to return 36-72 hours later to have the test read.  If the test indicates you have tuberculosis, medication is available free of charge through the local health agencies.  You will need to submit proof that you have been tested for tuberculosis to the local Division of Family Services as quickly as possible.  Since the frequency of testing varies throughout the state, the Division of Family Services county offices will determine how quickly proof of tuberculosis testing must be submitted in order to continue as a registered home child care provider.  Registration will be terminated for any provider who has not submitted evidence of testing by December 31, 1999.

     As a result of House Bill 490, the Division of Family Services is required to make registered home child care providers aware of local opportunities for training in first aid and child care.  You may contact your local Division of Family Services office to obtain this information.

     If you have any questions about this legislation, please contact your local Division of Family Services office.

DC/JR/pjw