Rules & Laws

Laws

Regulations

  • 5 CSR 25-300 License-Exempt Child Care Facilities
  • 5 CSR 25-400 Licensing Rules for Family Child Care Homes
  • 5 CSR 25-500 Licensing Rules for Group Child Care Homes and Child Care Centers
  • 5 CSR 25-600 Child Care Comprehensive Background Screening

Proposed Rule Updates 

The Office of Childhood (OOC) filed proposed rule changes with the Secretary of State’s office and Joint Committee on Administrative Rules. Drafts of the proposed amendments filed are available below, including an overview chart describing the proposed changes. As you review the proposed amendments, any language the OOC is proposing to remove will be [italicized and in brackets] and any language OOC is proposing to add will be in bold. The information provided only highlights the proposed rule changes meaning there are other requirements in rule that will remain the same. Please note that the official text of the proposed rules will appear in the July 17, 2023, edition of the Missouri Register. 

These proposed rules will not go into effect until the public has had an opportunity to submit written comments. The instructions for submitting comments are located after the text of each rule. Comments on the proposed changes can also be submitted by taking our survey. The survey will be open through August 17, 2023. 

 

Exemptions

Certain child care facilities are not required to obtain a child care license from the Department of Elementary and Secondary Education (DESE). To document the exemption, these programs may file a Program Evaluation Questionnaire (PEQ) with DESE in order to obtain an exemption assessment. The exemption process questionnaire is reviewed in our central office. Depending on the type of licensing exemption a program may qualify for, that program may still be required to comply with certain child care laws and regulations. 

Exemptions are set forth in Missouri Statute, sections 210.201 and 210.211, RSMo. Anyone who is caring for six or fewer children, including a maximum of three children under the age of two, at the same physical address is not required to be licensed and does not have to report he/she is providing child care. For the purposes of this exemption, children who live in the caregiver’s home and who are eligible for enrollment in public kindergarten, elementary, or high school shall not be considered in the total number of children under the provider's care.

Any private organization elementary or secondary school system providing child care to children younger than school age, including Private school systems, religious school systems, and Montessori schools, must submit the PEQ and the School Review Form for Child Care Exemptions, along with all required paperwork, for review by DESE in order to obtain an exemption determination. This form must be submitted to DESE on an annual basis after the exemption determination to ensure the program continues to meet exemption requirements.”

Nursery schools and child care programs maintained and operated under the exclusive control of a religious organization are license-exempt under Section 210.211, RSMo. These programs must file a Program Evaluation Questionnaire (PEQ) with the Office of Childhood to obtain an exemption determination. These types of license exemptions require a program to comply with certain child care laws and regulations in accordance with Section 210.252, RSMo.