Common use of Specific Performance Requirements Clause in Contracts

Specific Performance Requirements. 3.1 The child care facility applicant shall maintain the following staff/child ratios at all times: a. Birth through two (2) years shall have no less than one (1) adult to four (4) children, with no more than eight (8) children in a group; b. Age two (2) years shall have no less than one (1) adult to eight (8) children, with no more than sixteen (16) children in a group; c. Ages three (3) through four (4) years shall have no less than one (1) adult to ten (10) children with no more than twenty (20) children in a group; and d. Ages five (5) and up shall have no less than one (1) adult to every sixteen (16) children with no more than forty-eight (48) children in a group. 3.2 The provider will require all employees and volunteers who have direct supervision of children to submit to criminal background screening through the use of fingerprints. All staff and volunteers shall be registered with the Missouri Family Care Safety Registry. All staff and volunteers will meet the requirements pursuant to 210.1080, RSMo. When there are new employees or volunteers during the registration period, the new employee(s) or volunteer(s) must be reported to the Department of Social Services and must immediately, but no later than five (5) working days, to comply with the background screening requirement. 3.3 The provider shall maintain a valid Certificate of Registration through the Missouri Department of Social Services, Children’s Division (DSS/CD) throughout the entire agreement period. The provider shall comply with all registration requirements as established by ▇▇▇.▇▇, and all state and federal statutes and regulations. In the event the DSS/CD takes action to revoke the provider’s agreement, regardless of whether the provider appeals the decision of the revocation. All child care services must be provided at the physical location as specified on the DSS/CD Certificate of Registration. 3.4 The provider and all staff shall complete all trainings required by the Department within the timeframes outlined by the Department. At time of initial registration and when new employees begin employment, all staff must complete training in Pediatric First Aid/Cardiopulmonary Resuscitation certification from a DSS approved national model, and shall maintain certification. In addition, at the time of initial registration and when new employees begin employment, all staff must complete the DSS/CD Health and Safety Training. Following the first year of training, the provider and all staff shall complete two (2) hours of training available through the Missouri Workshop Calendar annually thereafter. Staff must complete required training during the registration period. The provider shall register with the Department’s designated professional developmental registry and secure a professional development identifier to complete and track required trainings. 3.5 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, or ▇▇▇▇▇▇ child(ren). 3.6 The provider shall report to the Child Abuse/Neglect Hotline (▇-▇▇▇-▇▇▇-▇▇▇▇) any instances of child abuse or neglect pursuant to state law (210.115, RSMo). 3.7 The provider shall provide parental access to the parent’s child(ren), the provider, and records on the parent’s child(ren) while their child(ren) are in care. 3.8 Only one provider may maintain a Certificate of Registration at a given address. 3.9 The provider shall notify the Department in writing at least thirty (30) days in advance of any changes in the program that will affect the quality, extent, timelines, or frequency of services delivered under the terms of this agreement and further agrees that no such changes shall be implemented without the prior written consent of the Department. The Department shall not be required to make payment for services rendered according to such changes unless the Department has agreed to the changes in writing prior to their delivery. 3.10 The provider shall refer families to Child Care Aware® of Missouri to find alternative child care arrangements in the event the provider is no longer able to provide child care services. Child Care Aware® of Missouri may be contacted online at ▇▇▇.▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇. 3.11 The provider shall maintain an active mailing and e-mail address for receipt of notices and correspondence required by this agreement and shall notify the Department in writing of any change within five (5) business days of the change in the provider’s official name, address of record, telephone number, email address, or change in the director of the facility, when new employees are hired, or when new volunteers begin. A physical address change will immediately terminate a Certificate of Registration and this agreement. 3.12 The provider shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of this agreement. The provider shall make all such records available to the Department or its designated representatives for a period of five (5) calendar years following the expiration date of this agreement. a. Adequate verification and full documentation shall mean that the provider’s records are such that: 1. An orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the provider’s services were, in fact, provided; and 2. Each service is verified by contemporaneous certification by the recipient of each service, to include when the service was provided, the extent of each service, all amounts received in payment by provider, to whom the service was provided, the extent or duration of services, and the authorization thereof. 3.13 Summer programs have the option to utilize the Child Care Business Information Solution (CCBIS) to track attendance of all children in the provider’s care. The CCBIS will use the attendance data gathered through the solution to calculate payment for children eligible for state or federally funded child care. Should the Summer program decide to utilize the CCBIS, the following shall apply: a. The Department will provide a Point of Service (POS) device to be installed in the provider’s facility and activated to accept attendance electronically. The provider may not possess, maintain, store, or use the secure identifier assigned to the child’s parent/guardian. 1. The Department will provide one (1) POS for every thirty (30) children enrolled with the provider. 2. The Department or its designee will provide training to the provider on the use of the POS device and/or CCBIS. 3. The POS device will be associated electronically to the address where the provider provides child care and may not be used at other locations. 4. The Department has the right not to pay for child care units in which the parent/guardian fails to enter attendance as required at the time of drop off or pick up. 3.14 If the Summer program chooses to utilize the CCBIS, it shall be used for all children enrolled who are authorized for Child Care Subsidy following the establishment of POS device(s) within the location where child care is provided. a. The provider will require all parents/guardians or other authorized sponsors to utilize the POS device to check children into the provider’s care and out of the provider’s care each day child care is provided. b. The provider will review daily reports from the CCBIS to determine if any children in attendance were not checked in or out of the facility using the POS device. 1. Any subsidy children, who were not checked in or out through the POS device, must be corrected by the parent, guardian or authorized sponsor. 2. Failure to have the correction made by the end of the following service month may result in the provider not receiving payment for units of care in which check in time or check out time are not entered in the CCBIS. c. The provider must have internet access with WIFI capabilities in order to utilize the POS device. 3.15 If the Summer program chooses not to utilize the CCBIS, the child care provider must continue to keep and maintain adequate, legible, genuine, and complete records of each subsidy child in care. Daily attendance records must include the child’s first and last name, date and times child was signed in and signed out, and parent and provider signatures. These records must be available to the Department or its designated representatives for up to five (5) years after the child has left care. 3.16 The Department has the right to recover from the provider all funds for which adequate verification and full documentation of services are not maintained (i.e. inadequate or lack of attendance records). 3.17 The Department has the right to recover any overpayments found during the course of an audit or other review by recoupment, repayment, or any other collection method allowed by law or Department policy. 3.18 The child care provider shall maintain an accurate register for all children who receive care from the provider. a. At a minimum, the register shall contain the following information for each child served under the agreement with the Department: 1. The child’s full name and date of birth; 2. The name, address, e-mail address, phone number, and other necessary contact information for each person legally responsible for each child;

Specific Performance Requirements. 3.1 The child care facility applicant shall maintain the following staff/child ratios at all times: a. : Birth through two (2) years shall have no less than one (1) adult to four (4) children, with no more than eight (8) children in a group; b. ; Age two (2) years shall have no less than one (1) adult to eight (8) children, with no more than sixteen (16) children in a group; c. ; Ages three (3) through four (4) years shall have no less than one (1) adult to ten (10) children with no more than twenty (20) 20 children in a group; and d. and Ages five (5) and up shall have no less than one (1) adult to every sixteen (16) children with no more than forty-eight (48) children in a group. 3.2 The provider will require all employees and volunteers who have direct supervision of children to submit to criminal background screening through the use of fingerprints. All staff and volunteers shall be registered with the Missouri Family Care Safety Registry. All staff and volunteers will meet the requirements pursuant to 210.1080210.025, RSMo. When there are new employees or volunteers during the registration period, the new employee(s) or volunteer(s) must be reported to the Department of Social Services and must immediately, but no later than five (5) working days, to comply with the background screening requirement. 3.3 3.5 The provider shall maintain a valid Certificate of Registration through the Missouri Department of Social Services, Children’s Division (DSS/CD) throughout the entire agreement period. The provider shall comply with all registration requirements as established by ▇▇▇.▇▇DSS/CD, and all state and federal statutes and regulations. In the event the DSS/CD takes action to revoke the provider’s Certificate of Registration, the Department reserves the right to terminate the provider’s agreement, regardless of whether the provider appeals the decision of the revocation. All child care services must be provided at the physical location as specified on the DSS/CD Certificate of Registration. 3.4 3.6 The provider and all staff shall complete all trainings required by the Department within the timeframes outlined by the Department. At time of initial registration and when new employees begin employment, all staff must complete training in Pediatric First Aid/Cardiopulmonary Resuscitation certification from a DSS approved national model, and shall maintain certification. In addition, at the time of initial registration and when new employees begin employment, all staff must complete the DSS/CD Health and Safety Trainingtraining. Verification of completed trainings shall be tracked through Opportunities in a Professional Education Network (OPEN). The provider’s staff shall register and maintain current registration in OPEN. Following the first year of training, the provider and all staff shall complete two six (26) hours of training available through the Missouri MO Workshop Calendar annually thereafter. Staff must complete required training during the registration period. The provider shall register with the Department’s designated professional developmental registry and secure a professional development identifier to complete and track required trainings. 3.5 The provider shall not be authorized or paid for the provision of services to their own children; this includes biological, adopted, or ▇▇▇▇▇▇ child(ren). 3.6 The provider shall report to the Child Abuse/Neglect Hotline (▇-▇▇▇-▇▇▇-▇▇▇▇) any instances of child abuse or neglect pursuant to state law (210.115, RSMo). 3.7 The provider shall provide parental access to the parent’s child(ren), the provider, and records on the parent’s child(ren) while their child(ren) are in care. 3.8 Only one provider may maintain a Certificate of Registration at a given address. 3.9 The provider shall notify the Department in writing at least thirty (30) days in advance of any changes in the program that will affect the quality, extent, timelines, or frequency of services delivered under the terms of this agreement and further agrees that no such changes shall be implemented without the prior written consent of the Department. The Department shall not be required to make payment for services rendered according to such changes unless the Department has agreed to the changes in writing prior to their delivery. 3.10 The provider shall refer families to Child Care Aware® of Missouri to find alternative child care arrangements in the event the provider is no longer able to provide child care services. Child Care Aware® of Missouri may be contacted online at ▇▇▇.▇▇.▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ or by calling ▇-▇▇▇-▇▇▇-▇▇▇▇. 3.11 The provider shall maintain an active mailing and e-mail address for receipt of notices and correspondence required by this agreement and shall notify the Department in writing of any change within five (5) business days of the change in the provider’s official name, address of record, telephone number, email address, or change in the director of the facility, when new employees are hired, or when new volunteers begin. A physical address change will immediately terminate a Certificate of Registration and this agreement. 3.12 The provider shall maintain adequate, legible, genuine, current, and complete records of services rendered under the terms of this agreement. The provider shall make all such records available to the Department or its designated representatives for a period of five (5) calendar years following the expiration date of this agreement. a. Adequate verification and full documentation shall mean that the provider’s records are such that: 1. An orderly examination by a reasonable person is possible and can be conducted without the use of information extrinsic to the records and that such an examination can readily determine that the provider’s services were, in fact, provided; and 2. Each service is verified by contemporaneous certification by the recipient of each service, to include when the service was provided, the extent of each service, all amounts received in payment by provider, to whom the service was provided, the extent or duration of services, and the authorization thereof. 3.13 Summer programs have the option to utilize the Child Care Business Information Solution (CCBIS) to track attendance of all children in the provider’s care. The CCBIS will use the attendance data gathered through the solution to calculate payment for children eligible for state or federally funded child care. Should the Summer program decide to utilize the CCBIS, the following shall apply: a. The Department will provide a Point of Service (POS) device to be installed in the provider’s facility and activated to accept attendance electronically. The provider may not possess, maintain, store, or use the secure identifier assigned to the child’s parent/guardian. 1. The Department will provide one (1) POS for every thirty (30) children enrolled with the provider. 2. The Department or its designee will provide training to the provider on the use of the POS device and/or CCBIS. 3. The POS device will be associated electronically to the address where the provider provides child care and may not be used at other locations. 4. The Department has the right not to pay for child care units in which the parent/guardian fails to enter attendance as required at the time of drop off or pick up. 3.14 If the Summer program chooses to utilize the CCBIS, it shall be used for all children enrolled who are authorized for Child Care Subsidy following the establishment of POS device(s) within the location where child care is provided. a. The provider will require all parents/guardians or other authorized sponsors to utilize the POS device to check children into the provider’s care and out of the provider’s care each day child care is provided. b. The provider will review daily reports from the CCBIS to determine if any children in attendance were not checked in or out of the facility using the POS device. 1. Any subsidy children, who were not checked in or out through the POS device, must be corrected by the parent, guardian or authorized sponsor. 2. Failure to have the correction made by the end of the following service month may result in the provider not receiving payment for units of care in which check in time or check out time are not entered in the CCBIS. c. The provider must have internet access with WIFI capabilities in order to utilize the POS device. 3.15 If the Summer program chooses not to utilize the CCBIS, the child care provider must continue to keep and maintain adequate, legible, genuine, and complete records of each subsidy child in care. Daily attendance records must include the child’s first and last name, date and times child was signed in and signed out, and parent and provider signatures. These records must be available to the Department or its designated representatives for up to five (5) years after the child has left care. 3.16 The Department has the right to recover from the provider all funds for which adequate verification and full documentation of services are not maintained (i.e. inadequate or lack of attendance records). 3.17 The Department has the right to recover any overpayments found during the course of an audit or other review by recoupment, repayment, or any other collection method allowed by law or Department policy. 3.18 The child care provider shall maintain an accurate register for all children who receive care from the provider. a. At a minimum, the register shall contain the following information for each child served under the agreement with the Department: 1. The child’s full name and date of birth; 2. The name, address, e-mail address, phone number, and other necessary contact information for each person legally responsible for each child;