5 CSR 25-400.055 · 5 CSR 25-400.055 Annual Requirements (1) (A) states: An Annual Declaration for Licensed Facility form, revised 2021 and incorporated by reference in this rule. As published by the Missouri Department of Elementary and Secondary Education, PO Box 480, Jefferson City, MO 65102-0480 and available by the department at https://dese.mo.gov/childhood/forms, indicating the licensee’s intent to continue operating a licensed family child care home and agreement to comply with all statutes and department licensing rules;

The Annual Declaration was not submitted.

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5 CSR 25-400.055 · 5 CSR 25-400.055 Annual Requirements (2) (C) states: The child care provider shall conduct a Family Care Safety Registry check for all child care staff members within thirty (30) days prior to the anniversary date as printed on the license.

The Family Care Safety Registry check was not conducted for Elizabeth Hostetter and Sara Gallup. within thirty (30) days prior to the anniversary date.

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5 CSR 25-600.020 · 5 CSR 25-600.020 General Requirements (1) states: Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department.

Criminal background check results were not on file for Elizabeth Hostetter and Sara Gallup.

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5 CSR 25-600.020 · 5 CSR 25-600.020 General Requirements (1) states: Prior to the employment or presence of a child care staff member in a licensed, regulated, or registered child care facility not exempted by section 210.1080.13, RSMo, the child care provider shall request the results of a criminal background check for such child care staff member from the department.

Criminal background check results were not on file for Wyatt Lawson.

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5 CSR 25-400.045 · 5 CSR 25-400.045 Licensing Process (18) states: The number and ages of children a family child care home is authorized to have in care at any one time shall be specified on the license and shall not be exceeded except as permitted within these rules.

The number of children was/were exceeded as evidenced by 11 children were observed at the facility.

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5 CSR 25-400.085 · 5 CSR 25-400.085 Physical Requirements of the Family Day Care Home (3) (A) 4. states: An adult shall be outside with the children at all times if the play area is not fenced and adjoining the building exit, or unless the children are of school age and definite limits have been established as their boundaries. These children shall receive frequent and routine supervision.

When children were outdoors, there was inadequate adult supervision as evidenced by child(ren), age(s) 8 years old, was/were observed outdoors in an unfenced area with no caregiver present.

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5 CSR 25-400.085 · 5 CSR 25-400.085 Physical Requirements of the Family Day Care Home (1) (J) states: All flammable liquids, matches, cleaning supplies, poisonous materials, medicines, alcoholic beverages, hazardous personal care items or other hazardous items shall be inaccessible to children.

Hazardous items as follows were accessible to children: beer. The item(s) was/were located in an unlocked refrigerator on the back patio.

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5 CSR 25-400.085 · 5 CSR 25-400.085 Physical Requirements of the Family Day Care Home (1) (E) states: Children shall have no access to areas not approved for child care.

Children were not restricted to approved space as evidenced by a child was allowed to go to a home four houses down and across the street alone. Child A, age 8 years old, stated she goes to play with her friends down the street sometimes and she walks by herself. Provider Elizabeth Hostetter said there are two children who sometimes go to the neighbor's house and she did not know this was against the rules. One of her children usually walks the children to the neighbor's house. The neighbor said Child A and Child B, age 7 years old, usually walk by themselves or Provider Hostetter's 13-year-old child walks them down.

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5 CSR 25-400.105 · 5 CSR 25-400.105 The Child Care Provider and Other Child Care Personnel (2) (A) states: A family child care home may be licensed for up to ten (10) children. The following staff/child ratios must be maintained at all times and shall not be exceeded except as permitted under these rules: 1 caregiver present, with up to 4 children, all may be under age two (2); 1 caregiver present, with 5-6 children, 3 children may be under age two (2); 1 caregiver present, with 7-10 children, 2 children may be under age two (2); 2 caregivers present, with up to 8 children, 8 children may be under age two (2); 2 caregivers present, with up to 10 children, 4 children may be under age two (2).

Staff/child ratio requirements were not met as evidenced by three children under age two and eight children over age two were cared for by two caregiver(s).

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5 CSR 25-400.175 · 5 CSR 25-400.175 Child Care Program (1) (A) 3 states: Caregivers shall provide frequent, direct contact so children are not routinely left unobserved on the premises.

Caregiver did not provide frequent, direct contact as evidenced by a child was allowed to go to a home four houses down and across the street alone. Child A, age 8 years old, stated she goes to play with her friends down the street sometimes and she walks by herself. Provider Elizabeth Hostetter said there are two children who sometimes go to the neighbor's house and she did not know this was against the rules. One of her children usually walks the children to the neighbor's house. The neighbor said Child A and Child B, age 7 years old, usually walk by themselves or Provider Hostetter's 13-year-old child walks them down.

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5 CSR 25-400.175 · 5 CSR 25-400.175 Child Care Program (1) (A) 2 states: The provider or an assistant personally shall admit each child upon arrival and personally shall dismiss each child upon departure. Children shall be dismissed only to the parent(s), guardian, legal custodian, or to the individual(s) approved by the parent(s), guardian, or legal custodian.

The requirements for admitting and dismissing children were not met as evidenced by the provider or assistant did not personally dismiss each child upon departure.

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5 CSR 25-400.175 · 5 CSR 25-400.175 Child Care Program (1) (A) 1 states: Child care providers shall not leave any child without competent adult supervision.

Child(ren) was left without competent adult supervision as evidenced by a child was allowed to go to a home four houses down and across the street alone. Child A, age 8 years old, stated she goes to play with her friends down the street sometimes and she walks by herself. Provider Elizabeth Hostetter said there are two children who sometimes go to the neighbor's house and she did not know this was against the rules. One of her children usually walks the children to the neighbor's house. The neighbor said Child A and Child B, age 7 years old, usually walk by themselves or Provider Hostetter's 13-year-old child walks them down.

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