FCSR FOR IN-HOME AND CONSUMER DIRECTED SERVICES
HB1350 was enacted into law as section 192.2495 RSMo effective August 28, 2018.
Providers are responsible for ensuring aides are registered with the Family Care Safety Registry (FCSR), that screenings are done at the time of hire and before any contact with a participant, and an application for a Good Cause (GCW) has been submitted, if applicable. It is also a good business practice to check the FCSR annually. Documentation of the FCSR screening and GCW, if applicable, must be maintained by the provider for five years and be readily available when requested by MMAC. One suggested way of documenting the decision is to make a note on the screening with the date and name of the person that reviewed the information.
Under section 192.2495, not every finding (hit) requires a GCW. For example, local ordinance violations, misdemeanor DWIs, and most other misdemeanors do not require a GCW. Even if the crime is not listed below and is considered a lesser crime, the provider may choose not to hire an applicant. Most court reports list the state statute that was violated under the headings “State Code” and “Statute Citation”. Comparing the state statute found on the report to the list below will help guide the provider in deciding if a GCW is required.
Per section 192.2495 RSMo, anyone who has been found guilty, plead guilty, or plead nolo contendere to any felony violations under the RSMo sections listed below must obtain a GCW.
- 568.045 Endangering the welfare of a child in the first degree
- 568.050 Endangering the welfare of a child in the second degree
- 568.060 Abuse or neglect of a child
- 568.175 Trafficking in children
- 570.025 Robbery in the second degree
- 570.023 Robbery in the first degree
- 570.030 Stealing
- 570.040 Stealing 3rd offense (prior to January 1, 2017)
- 570.090 Forgery
- 570.145 Financial exploitation of the elderly person or person with a disability
- 570.23 Identity theft
- 576.080 Supporting terrorism
- 577.010 Driving while intoxicated or 577.012 Driving with excessive blood alcohol content and who is alleged and found by the court to be an aggravated or chronic offender under section 577.023 (Felony DWI)
- Any felony offense under section 579 or (previously) Chapter 195
- Any offense (including misdemeanors) requiring registration under section 589.400
Anyone who is listed on the department of mental health employee disqualification registry under section 630.170; or has a finding on the child abuse and neglect registry under sections 210.109 to 210.183 must also obtain a GCW.
Employee background screening requirements may vary slightly among different programs, and it is important for providers to conduct background screenings appropriately. The following regulation sections describe requirements for providers ensuring aides are registered with the Family Care Safety Registry (FCSR), that screenings are done at the time of hire, and when a Good Cause Waiver must be requested. Background screening requirements for in-home services aides are found at 19 CSR 15-7.021 (24) (A) 4 and 19 CSR 15-8.400 for CDS attendants. Also see section 192.2495 RSMo, Personal Care Manual, and Division of Senior and Disability Services Memo PN-18-17, VM-18-17 dated August 28, 2018.
Click here to review the MMAC September 2019 presentation: FCSR Screenings 101 and Good Cause Waiver.