Mo. Code Regs. tit. 13 § 35-71.040
Current through Register Vol. 49, No. 20, October 15, 2024
Section 13 CSR 35-71.040 - Organization and AdministrationPURPOSE: This rule sets forth the requirements for the incorporation, administration, and financing of an agency.
(1) Each agency shall be incorporated and shall submit to the division its articles of incorporation and certificate of incorporation.(2) An agency shall have a governing body responsible for establishing its policies, determining its programs, guiding its development, and providing its leadership. A list of the names, addresses, and place of employment of the current members of the governing board shall be kept on file at the agency and available for review.(3) Voting members of the board of directors shall not be employed by and/or do not receive financial compensation from the agency. Any employee who serves as a member of the board of directors shall sign a statement acknowledging his/her understanding of and agreement with this rule. Such statement shall be part of the personnel file.(4) The governing body shall be responsible for- (A) Developing and maintaining a program of orientation and training for all new members of the governing body;(B) Determining the size, selection, function, and organization of the governing body;(C) Keeping minutes of each meeting of the governing body, which shall reflect its actions pertaining to and affecting the care and safety of children;(D) Meeting as often as necessary, but at least four (4) times a year, to conduct the business of the agency, at least one (1) of which shall be held at an operating site;(E) Conducting an on site visit to each operating site annually by at least a committee of the governing body;(F) Ensuring an agency's continuous compliance with Missouri law and applicable licensing rules;(G) Ensuring the agency's continuous compliance with all applicable federal, state, or local laws or regulations governing the operation of the agency;(H) Ensuring that an agency's standards of practice shall be professional, ethical, and responsive to client needs;(I) Appointing the executive director and delegating responsibility to the director to administer the agency in all of its activities, functions, and services;(J) Performing and retaining a written evaluation of the executive director on an annual basis;(K) Providing the division a written statement which sets forth the kind and extent of authority delegated to the executive director;(L) Ensuring that all operating sites are maintained, staffed, and equipped to implement the agency's program effectively;(M) Making available for review by the division the written policies and procedures of the agency, and evaluating the policies and procedures biennially to determine that the interests of children and families are being served;(N) Meeting with division staff when requested;(O) Providing written notification to the division within five (5) working days when there is a change of executive directors, board president, or the organizational structure of the agency;(P) Reporting a criminal act of an employee in the performance of employment duties to law enforcement and/or the prosecuting attorney and providing immediate oral report followed by a written report to the division five (5) working days after the occurrence of the criminal act that specifies the agency's corrective action plan; and(Q) Ensuring that no unrelated business is established at the licensed agency operating site without providing the division with a written request and receiving written permission from the division.(5) Financial Management. (A) The governing body shall approve an annual budget which shall be on file at the agency and submitted to the licensing unit;(B) If an agency has annual gross revenues of five hundred thousand dollars ($500,000) or more, the agency shall be audited annually by an independent certified public accountant and a copy shall be submitted to the division. Agencies with an annual gross income of less than five hundred thousand dollars ($500,000) shall provide documentation of an annual financial review;(C) The treasurer, administrator, and any other persons handling funds shall be bonded, as determined by the governing body;(D) The governing body shall ensure that insurance for public liability, worker's compensation, fire and disaster insurance on the property, and agency vehicles is maintained; and(E) The governing body shall be responsible for providing and maintaining adequate funds for the operation of the agency. AUTHORITY: section 210.506, RSMo 2000.* This rule originally filed as 13 CSR 40-71.040. Original rule filed Nov. 9, 1978, effective Feb. 11 , 1979. Emergency rescission and emergency rule filed Nov. 1, 1993, effective Nov. 12, 1993, expired March 11 , 1994. Emergency rescission and emergency rule filed March 2, 1994, effective March 12, 1994, expired July 9, 1994. Rescinded and readopted: Filed Nov. 1, 1993, effective June 6, 1994. Emergency amendment filed July 25, 2008, effective Aug. 4, 2008, expired Jan. 30, 2009. Moved to 13 CSR 35-71.040 and amended: Filed July 25, 2008, effective Jan. 30, 2009. Amended: Filed Dec. 16, 2013, effective June 30, 2014. *Original authority: 210.506, RSMo 1982, amended 1993, 1995.