Effective - 28 Aug 2018, 3 histories
210.487. Background checks for foster families, requirements — costs, paid by whom — rulemaking authority. — 1. When conducting investigations of persons for the purpose of foster parent licensing, the division shall:
(1) Conduct a search for all persons over the age of seventeen in the applicant's household and for any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime for evidence of full orders of protection. The office of state courts administrator shall allow access to the automated court information system by the division. The clerk of each court contacted by the division shall provide the division information within ten days of a request;
(2) Obtain fingerprints for any person over the age of seventeen in the applicant's household and for any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime in the same manner set forth in subsection 2 of section 210.482. The highway patrol shall assist the division and provide the criminal fingerprint background information, upon request, under and in accordance with the provisions of section 43.540; and
(3) Determine whether any person over the age of seventeen residing in the home and any child less than seventeen years of age residing in the applicant's home who the division has determined has been certified as an adult for the commission of a crime is listed on the child abuse and neglect registry. For any children less than seventeen years of age residing in the applicant's home, the children's division shall inquire of the applicant whether any children less than seventeen years of age residing in the home have ever been certified as an adult and been convicted of or pled guilty or nolo contendere to any crime.
2. After the initial investigation is completed under subsection 1 of this section:
(1) No person who submits fingerprints under subsection 1 of this section or section 210.482 shall be required to submit additional fingerprints under this section or section 210.482 unless the original fingerprints retained by the division are lost or destroyed;
(2) The highway patrol shall provide ongoing electronic updates to criminal history background checks of those persons previously submitted as part of the licensing or approval process under subsection 1 of this section. Ongoing electronic updates for such persons and for those in their households shall terminate when such persons cease to be applicant or licensed foster parents; and
(3) The children's division and the department of health and senior services may waive the requirement for a fingerprint background check for any subsequent recertification.
3. Subject to appropriation, the total cost of fingerprinting required by this section may be paid by the state, including reimbursement of persons incurring fingerprinting costs under this section.
4. The division may make arrangements with other executive branch agencies to obtain any investigative background information.
5. The division may promulgate rules that are necessary to implement the provisions of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2004, shall be invalid and void.
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(L. 2004 H.B. 1453 merged with S.B. 762, A.L. 2007 S.B. 84, A.L. 2013 S.B. 110, A.L. 2018 H.B. 1350 merged with S.B. 819)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 210 - Child Protection and Reformation
Section 210.004 - Law enforcement agencies, record of custody of child.
Section 210.027 - Direct payment recipients, child care providers — department's duties.
Section 210.030 - Blood tests of pregnant women.
Section 210.040 - Blood test results — confidential.
Section 210.050 - Reporting required.
Section 210.060 - Noncompliance a misdemeanor — penalty.
Section 210.070 - Prophylactic eye drops at birth — objection to, when.
Section 210.080 - Report of infant eye inflammation, by whom.
Section 210.100 - Violation a misdemeanor.
Section 210.108 - Dominic James Memorial Foster Care Reform Act, statutes involved.
Section 210.110 - Definitions.
Section 210.113 - Accreditation goal, when to be achieved.
Section 210.114 - Qualified immunity for private contractor, when — exceptions.
Section 210.116 - Sharing of information with child welfare agencies and law enforcement, when.
Section 210.117 - Child not reunited with parents or placed in a home, when.
Section 210.120 - Medical institution staff members, duties of.
Section 210.127 - Diligent search for biological parents required, when.
Section 210.130 - Oral reports, when and where made — contents of reports.
Section 210.135 - Immunity from liability, when — exception — preliminary evaluation required, when.
Section 210.140 - Privileged communication not recognized, exception.
Section 210.150 - Confidentiality of reports and records, exceptions — violations, penalty.
Section 210.165 - Penalty for violation.
Section 210.166 - Medical neglect of child, who may bring action — procedure.
Section 210.171 - Definitions.
Section 210.172 - Powers and duties of board.
Section 210.180 - Division employees to be trained.
Section 210.183 - Alleged perpetrator to be provided written description of investigation process.
Section 210.188 - Report to general assembly and governor, contents.
Section 210.194 - Rules, guidelines and protocols — confidentiality requirements.
Section 210.201 - Definitions.
Section 210.203 - Complaints against child care facilities, open records to be kept by department.
Section 210.231 - Department of elementary and secondary education may delegate powers.
Section 210.241 - Judicial review.
Section 210.256 - Violations, penalties — injunction, procedure.
Section 210.257 - Rules, procedure to adopt.
Section 210.278 - Exempt from licensure, when.
Section 210.481 - Definitions.
Section 210.484 - Residential care facilities license required.
Section 210.496 - Refusal to issue, suspension or revocation of licenses — grounds.
Section 210.501 - Application for licensure, form, contents.
Section 210.506 - Rules, procedure — promulgation, persons to be consulted.
Section 210.516 - Exceptions to license requirement — division may not require documentation.
Section 210.521 - Assistance for division in licensure of foster homes.
Section 210.531 - Violations or false statements, penalty.
Section 210.537 - County foster parent associations may be established, duties of division.
Section 210.539 - State health insurance, foster parents may purchase, when.
Section 210.543 - Specialized foster parents, training, fiscal incentives.
Section 210.545 - Respite care facilities for foster families — rules and regulations — procedure.
Section 210.564 - Citation of law — foster care bill of rights.
Section 210.566 - Foster parents' bill of rights.
Section 210.570 - Text of compact.
Section 210.580 - Compact binding, when.
Section 210.590 - Courts and agencies to cooperate to promote purposes of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.630 - Definitions — governor's appointment of administrator authorized.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.650 - Contingent effective date.
Section 210.652 - Electronic exchanging of data and documents.
Section 210.680 - Rulemaking authority.
Section 210.761 - Right to testify at foster care hearings, qualifications, limitation.
Section 210.762 - Family support team meetings to be held, when — who may attend — form to be used.
Section 210.764 - Certain case records available for review by parents or guardians.
Section 210.790 - Foster parent standing for court proceedings.
Section 210.817 - Definitions.
Section 210.818 - Relationship not dependent on marriage.
Section 210.819 - Parent and child relationship, how established.
Section 210.822 - Presumption of paternity — rebuttal of presumption, standard of proof.
Section 210.828 - Statute of limitations, exception — notification form required, when.
Section 210.829 - Jurisdiction, venue, severance — effect of failure to join action for necessaries.
Section 210.830 - Parties — guardian ad litem, when appointed.
Section 210.834 - Blood tests — expert defined.
Section 210.836 - Evidence relating to paternity.
Section 210.838 - Pretrial recommendation — actions, effect of party's refusal to accept.
Section 210.841 - Judgment or order, contents — amount of support, presumption.
Section 210.844 - Applicability of certain statutes.
Section 210.845 - Modification of decree, when — procedure, burden.
Section 210.846 - Hearings and records, confidentiality — inspection allowed, when.
Section 210.848 - Action to declare mother and child relationship.
Section 210.849 - Birth records.
Section 210.850 - Uniformity of application and construction.
Section 210.851 - Citation of law.
Section 210.852 - Application to actions commenced prior to effective date.
Section 210.853 - Parenting plan in paternity actions.
Section 210.875 - Children's services commission study, purpose.
Section 210.877 - Courts and agencies to provide information.
Section 210.900 - Definitions.
Section 210.903 - Family care safety registry and access line established, contents.
Section 210.912 - Right to appeal, procedure.
Section 210.915 - Departmental collaboration on registry information — rulemaking authority.
Section 210.918 - Toll-free telephone service maintained for access to information.
Section 210.922 - Use of registry information by certain departments, when.
Section 210.924 - Rulemaking authority.
Section 210.927 - Annual report, when, contents.
Section 210.936 - Registry information deemed public record.
Section 210.1030 - Task force created, members, duties — termination date.
Section 210.1210 - Policy recommendations.
Section 210.1250 - Citation of law.
Section 210.1253 - Definitions.
Section 210.1259 - Director of facility to provide notice — facility registration — inapplicability.
Section 210.1262 - Notification, filing, contents.
Section 210.1263 - Background checks required, when.
Section 210.1265 - Fire, safety, health, and sanitation inspections, facility to comply.
Section 210.1268 - Operation without proper notification, court injunction, when.
Section 210.1280 - Facility compliance list to be maintained, contents.
Section 210.1283 - Failure to complete a background check, penalty.