Chapter 660 Department of Social Services
660.185 - Limitation on state participation — expiration of program.
Not more than one-half the cost of instituting or maintaining the services provided for in this act* shall be appropriated or paid from the general revenue fund of this state, and this act* shall terminate thirty days after federal financial support is ended or curtailed which would cause more than fifty percent of the cost of providing or maintaining the services provided for in this act* to be paid by the state from its general revenue fund.
660.137 - Federal low income telephone assistance matching funds, compliance to obtain.
The public service commission, the department of social services, and participating providers of local exchange telecommunications service shall comply with all requirements expressly provided by federal order, regulation, and statute for eligible subscribers to qualify for, and to receive matching federal low income telephone assistance.
660.099 - General assembly may make additional appropriations, purposes.
1.The general assembly may appropriate funds in addition to the amount currently being provided per annum for nutrition services for the elderly.Funds so designated to provide nutrition services for the elderly shall be allocated to the Missouri department of health and senior services to be equitably distributed to each area agency on aging throughout the state of Missouri based upon formulas promulgated by the department of health and senior services.
2.The general assembly may appropriate funds in addition to the amount currently being provided per annum through the Missouri elderly and handicapped transportation program.Funds so designated to provide transportation for the elderly and developmentally disabled shall be allocated to the Missouri department of health and senior services to be equitably distributed to each area agency on aging throughout the state of Missouri based upon formulas promulgated by the department of health and senior services.
3.The general assembly may appropriate funds in addition to the amount currently being provided per annum for home-delivered meals for the elderly.Such additional funds shall be allocated to the Missouri department of health and senior services to be equitably distributed to each area agency on aging throughout the state of Missouri based upon formulas promulgated by the department of health and senior services.
660.023 - In-home services providers, telephone tracking system required, use of — rulemaking authority.
1.All in-home services provider agencies shall, by July 1, 2015, have, maintain, and use a telephone tracking system for the purpose of reporting and verifying the delivery of home- and community-based services as authorized by the department of health and senior services or its designee.Use of such system prior to July 1, 2015, shall be voluntary.At a minimum, the telephone tracking system shall:
(1)Record the exact date services are delivered;
(2)Record the exact time the services begin and exact time the services end;
(3)Verify the telephone number from which the services were registered;
(4)Verify that the number from which the call is placed is a telephone number unique to the client;
(5)Require a personal identification number unique to each personal care attendant; and
(6)Be capable of producing reports of services delivered, tasks performed, client identity, beginning and ending times of service and date of service in summary fashion that constitute adequate documentation of service.
2.The telephone tracking system shall be used to process payroll for employees and for submitting claims for reimbursement to the MO HealthNet division.
3.The department of health and senior services shall promulgate by rule the minimum necessary criteria of the telephone tracking system.Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2010, shall be invalid and void.
4.As new technology becomes available, the department may allow use of a more advanced* tracking system, provided that such system is at least as capable of meeting the requirements listed in subsection 1 of this section.
5.The department of health and senior services, in collaboration with other appropriate agencies, including in-home services providers, shall establish telephone tracking system pilot projects, implemented in two regions of the state, with one in an urban area and one in a rural area.Each pilot project shall meet the requirements of this section.The department of health and senior services shall, by December 31, 2013, submit a report to the governor and general assembly detailing the outcomes of these pilot projects.The report shall take into consideration the impact of a telephone tracking system on the quality of the services delivered to the consumer and the principles of self-directed care.
6.In the event that a consensus between in-home service providers and representatives from the executive branch cannot be reached, the telephony report issued to the general assembly and governor shall include a minority report which will detail those elements of substantial dissent from the main report.
7.No interested party, including in-home service providers, shall be required to contract with any particular vendor or provider of telephony services nor bear the full cost of the pilot program.
660.523 - Uniform rules for investigation of child sexual abuse cases — training provided for division, staff.
1.By January 1, 1991, using approved state child abuse and neglect federal grant funds, the department of social services shall develop uniform protocols for investigations of child sexual abuse cases pursuant to chapter 210 and shall provide training to children's division employees who investigate reports of such cases.
2.The department of social services shall develop separate protocols for multiple-suspect and multiple-victim cases.
660.327 - Withdrawal and deposits by persons applying or receiving public assistance — information to be furnished, procedure.
Any entity shall, upon request by the department, inform the department of the amount deposited in the entity to the credit of any person named in such request who is the applicant for or recipient of public assistance.The entity shall, after ten days' written notice to such person by the department also upon request of the department, furnish records of any deposits and withdrawals during the past five years concerning any applicant for or recipient of public assistance.
660.195 - Plan to terminate, when.
In the event that additional services in addition to those required by this act* are required by federal law, rule or court decision, the department of social services shall immediately cease to operate the plan and shall make no further emergency assistance grants.
660.372 - Board of directors — number — qualifications — powers — duties.
1.Each community action agency shall have a board of directors, as provided by the bylaws of the corporations, of not less than twelve nor more than thirty-six members.One-third of the members of the board shall be elected public officials, currently holding office, or their representatives, except that if the number of elected officials reasonably available and willing to serve is less than one-third of the membership of the board, membership on the board by appointive public officials may be counted in meeting such one-third requirement.At least one-third of the members shall be persons chosen in accordance with democratic selection procedures adequate to assure that they are representative of the poor in the area served, and the remainder of the members shall be officials or members of business, industry, labor, religious, welfare, education, or other major groups and interests in the community.
2.The governing board shall determine personnel, fiscal and program policies and approve proposals for financial assistance and the disbursement of funds.
660.376 - Rules and regulations — department of social services, authority.
Each community action agency shall be governed by rules and regulations promulgated by the department of social services as it relates to the community services block grant program.
660.017 - Rules, procedure.
The department of social services may adopt, appeal and amend rules necessary to carry out the duties assigned to it.All rules shall be promulgated pursuant to the provisions of this section and chapter 536.No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
660.147 - Eligible persons, department's powers and duties.
The department of social services shall provide to the participating local exchange telecommunications companies information identifying persons who the department finds are eligible to receive economy rate telephone service.The department of social services shall on an annual basis during the time period that applications for utilicare assistance under sections 660.100 to 660.135 are normally accepted validate a list of those persons receiving economy rate telephone service as provided by the local telecommunications companies to determine continued eligibility.
660.143 - Installation cost to be reduced, how determined — changes in service or disconnecting because no longer eligible, charges prohibited.
1.When initial installation or connection of service for an eligible subscriber for economy rate telephone service occurs, the applicable and approved rate for such installation or connection shall be a significantly reduced one which shall be determined by the commission.
2.A local exchange telecommunications company which elects to provide economy rate telephone service may not require the payment of an order processing charge or line change charge for an eligible subscriber's change to economy rate telephone service from any other class of residential service.If a subscriber to economy rate telephone service no longer qualifies as an eligible subscriber under sections 660.137 to 660.149, that subscriber may not be charged a fee for disconnecting from economy rate telephone service and connecting to another class of telephone service, except that the commission may allow the local exchange telecommunications company by commission regulations to charge a fee for eligible subscribers who frequently change, initiate, or terminate service.
660.343 - Requested information to be provided, when — failure to provide, penalty — attorney general's powers and duties.
Any entity which has received a request from the department as provided by sections 660.327 and 660.330 shall provide the requested information within sixty days of receipt of the request.Willful failure of an entity to provide the requested information within such period shall result in liability to the state for civil penalties of up to ten dollars for each day thereafter.The attorney general shall, upon request of the department, bring an action in a circuit court of competent jurisdiction to recover the civil penalty.The court shall have the authority to determine the amount of the civil penalty to be assessed.
660.512 - Rulemaking under authority of chapter 210.
No rule or portion of a rule promulgated under the authority of chapter 210 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
660.012 - Department of social services administrative trust fund created — disbursements — reports — lapse prohibited, exception.
1.The treasurer of the state shall establish in the state treasury a "Department of Social Services Administrative Trust Fund" which shall be funded annually by appropriations and deposits thereto.
2.This fund shall contain moneys transferred or paid to the department for goods and services provided by the department or its divisions to any governmental entity or to the public.
3.The commissioner of administration shall approve disbursements from the fund at the request of the director of the department or his designee in accordance with appropriations made therefor.
4.The provisions of section 33.080 notwithstanding, moneys in the fund shall not lapse, unless and then only to the extent to which the unencumbered balance at the close of any fiscal year exceeds one-twelfth of the amount either appropriated or paid or transferred to the fund during such fiscal year, whichever is greater.
5.The director of the department shall prepare an annual report of all receipts and disbursements from the fund.
660.653 - Policy council or committee, members' qualifications, duties.
Each head start program shall have a head start policy council or committee, with not less than fifty-one percent of the members of such council or committee being parents of children enrolled in a head start program.The remaining members of such council or committee may be community representatives from the geographic area serviced by the program.Pursuant to federal regulations, the head start policy council or committee shall, in partnership with the head start grantee or delegate agency, provide policy direction for the local head start program.
660.657 - Grantees, duties — health services advisory committee — promulgation of policies, requirements.
1.Head start grantees shall take an active role in community planning to encourage strong communication, cooperation and the sharing of information among the agencies and their community partners, and to improve the delivery of community services to children and families.Head start grantees shall take affirmative steps to establish ongoing collaborative relationships with community organizations in order to promote access for children and their families to community services that are responsive to their needs, and to ensure that early head start and head start programs respond to community needs.Head start grantees shall perform outreach to encourage volunteers from the community to participate in early head start and head start programs.To enable the effective participation of children with disabilities and their families, a head start grantee shall make specific efforts to develop interagency agreements with local education agencies and other organizations within the grantee's service area.
2.Each head start grantee directly operating an early head start or head start program, shall establish and maintain a health services advisory committee which includes professionals and volunteers from the community.Head start grantees shall also establish and maintain such other service advisory committees as they deem appropriate to address program service issues, such as the development of community partnerships, and to help agencies respond to community needs.
3.A head start grantee shall establish and maintain procedures to support successful transitions for enrolled children and families from head start and other child care and development programs into elementary school, preschool programs or other child care settings.
4.Each head start grantee, with the concurrence of the head start policy council or committee, may promulgate and implement local policies and procedures that shall be consistent with federal and state laws and regulations.
660.026 - Funding for federally qualified health centers, uses — report to the director.
Subject to appropriation, the director of the department of social services, or the director's designee, may contract with and provide funding support to federally qualified health centers, as defined in 42 U.S.C.Section 1396d(l)(2)(B)*, in this state.Funds appropriated pursuant to this section shall be used to assist such centers in ensuring that health care, including dental care, and mental health services is available to needy persons in this state.Such funds may also be used by centers for capital expansion, infrastructure redesign or other similar uses if federal funding is not available for such purposes.No later than forty-five days following the end of each federal fiscal year, the centers shall report to the director of the department of social services the number of patients served by age, race, gender, method of payment and insurance status.
660.122 - Services disconnected or discontinued for failure to pay — eligibility for assistance (cold weather rule).
Funds appropriated under the authority of sections 660.100 to 660.136 may be used to pay the expenses of reconnecting or maintaining service to households that have had their primary or secondary heating or cooling source disconnected or service discontinued because of their failure to pay their bill.Any qualified household or other household which has as its head a person who is elderly or disabled, as defined in section 660.100, shall be eligible for assistance under this section if the income for the household is no more than one hundred fifty percent of the current federal poverty level or sixty percent of the state median income and if moneys have been appropriated by the general assembly to the utilicare stabilization fund established pursuant to section 660.136.Payments under this section shall be made directly to the primary or secondary heating or cooling source supplier.Any primary or secondary heating or cooling source supplier subject to the supervision and regulation of the public service commission shall, at any time during the period of the cold weather rule specified in the cold weather rule as established and as amended by the public service commission, reconnect and provide services to each household eligible for assistance under this section in compliance with the terms of such cold weather rule.All home energy suppliers receiving funds under this section shall provide service to eligible households consistent with their contractual agreements with the department of social services.
660.526 - Child sexual abuse cases, annual training required by children's division.
The children's division shall ensure that all employees and persons with contracts with the division and who specialize in either the treatment, prosecution, or investigation of child sexual abuse cases receive a minimum of fifteen hours of annual training.Such training shall be in the investigation, prosecution, treatment, nature, extent and causes of sexual abuse.
660.190 - Limitation on expenditures.
Not more than three hundred thousand dollars from general revenue shall be appropriated by the general assembly for the support of the program established by this act* for the first fiscal year and not more than three percent of any funds appropriated shall be used for the administrative expenses involved in administering the program.No funds shall be expended under the provisions of this act* until there is a specific appropriation for that purpose.
660.690 - Protection against spousal impoverishment and premature placement in institutional care, determination of eligibility for Medicaid and medical assistance benefits.
In order to protect the community spouse of an individual living in a residential care facility or assisted living facility, as defined in section 198.006, from impoverishment and to prevent premature placement in a more expensive, more restrictive environment, the family support division shall comply with the provisions of subsection 6 of section 208.010 when determining the eligibility for benefits pursuant to section 208.030.
660.180 - Director to make regulations.
The director of the department of social services, or his delegate, is authorized, subject to the provisions of this act*, to promulgate regulations not inconsistent with this act* as necessary to qualify for maximum federal funds, subject to section 660.185 and the appropriation of state funds for this program.
660.136 - Utilicare stabilization fund created — used for utilicare program.
1.The "Utilicare Stabilization Fund" is hereby created in the state treasury to support the provisions of sections 660.100 to 660.136.Funds for the utilicare program may come from state, federal or other sources including funds received by this state from the federal government under the provisions of the Community Opportunities Accountability and Training and Educational Services Act of 1998 (Title III, Section 301-309, Public Law 93.568), together with any interest or other earnings on the principal of this fund.Except as provided in subsection 3, moneys in the utilicare stabilization fund shall be used for the purposes established in the Federal Low Income Home Energy Assistance Program and sections 660.100 to 660.136.
2.The provisions of section 33.080 to the contrary notwithstanding, money in this fund shall not be transferred and placed to the credit of general revenue until the amount in the fund at the end of the biennium exceeds two times the amount of the appropriation from the fund for the preceding fiscal year.The amount, if any, in the fund, which shall lapse, is that amount in the fund which exceeds the appropriate multiple of the appropriations from the fund for the preceding fiscal year.Moneys in the utilicare fund not needed currently for the purposes designated in sections 660.100 to 660.136 may be invested by the state treasurer in the manner that other moneys of the state are authorized by law to be invested.All interest, income and returns from moneys of the utilicare stabilization fund shall be deposited in the state treasury to the credit of the utilicare stabilization fund.
3.When the utilicare stabilization fund receives a transfer pursuant to section 470.270, the moneys from that transfer shall be held in the fund for one full year after the date of transfer and shall be used to pay for heating or cooling assistance as provided in sections 660.100 to 660.136.Any moneys remaining at the end of that year shall be deposited in the state treasury to the credit of the general revenue fund of the state.
660.528 - Pilot project by department to formulate community response to child abuse and neglect.
The department of social services shall engage community-based public and private organizations in Jackson County to participate in a pilot project for the purpose of formulating a community response to child abuse and neglect, including hot line investigations, assessments and their dispositions.
660.175 - Department's duties — no reduction in other benefits.
The availability of emergency assistance shall not relieve the department of social services of any duty to cooperate with other agencies to reduce dependency nor its obligation to provide assistance in the form of general relief orders in emergency situations not covered by this plan.Receipt of assistance under this plan shall not reduce, offset, or eliminate entitlement to any other assistance provided to any qualified family under any other state or federal program, except as may be required by federal law or regulation.
660.075 - Intermediate care facility for intellectually disabled — certificate of authorization needed for provider agreement — exception — certificates not to be issued, when — notice to department, when.
1.The MO HealthNet division shall not issue a provider agreement to an intermediate care facility for the intellectually disabled provider after May 29, 1991, unless and until the department of mental health transmits a certification of authorization to provide services, provided, however, a profit or not-for-profit provider may operate a single home of six beds or less without issuance of a certificate to the MO HealthNet division.Such certification shall be provider specific and shall contain the number of beds authorized.
2.Notwithstanding any other provision of law to the contrary, any provider intending to operate an intermediate care facility for the intellectually disabled in excess of those beds in existence on May 29, 1991, shall give notice to the department of mental health of any intent to do so between July first and October first of the fiscal year preceding the fiscal year in which they intend to operate such facility.
3.In addition to other good cause as established by administrative rules promulgated by the director of the department of mental health, such intermediate care facility for the intellectually disabled operations as may be accommodated within the home and community-based waiver for the developmentally disabled shall be refused certificates of authorization by the department of mental health.The MO HealthNet division shall refuse intermediate care facility for the intellectually disabled provider agreements to providers to whom the department of mental health has refused certificates of authorization.
660.520 - State technical assistance team for child sexual abuse cases, duties — counties may develop team, members — availability of records.
1.There is hereby established in the department of social services a special team, to be known as the "state technical assistance team", to assist in cases of child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality.It shall be the priority of the team to focus on those cases in which more than one report has been received.The team shall:
(1)Provide assistance, expertise, and training to child protection agencies and multidisciplinary teams for the investigation and prosecution of child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality cases;
(2)Assist in the investigation of child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality cases, upon the request of a local, county, state, or federal law enforcement agency, county, state, or federal prosecutor, a representative of the family courts, medical examiner, coroner, juvenile officer, or department of social services staff.Upon being requested to assist in an investigation, the state technical assistance team shall notify appropriate parties specified in this subdivision of the team's involvement.State technical assistance team investigators licensed as peace officers by the director of the department of public safety pursuant to chapter 590 shall be deemed to be peace officers within the state of Missouri while acting in an investigation or on behalf of a child.The power of arrest of a state technical assistance team investigator acting as a peace officer shall be limited to offenses involving child abuse, child neglect, child sexual abuse, child exploitation, child pornography, child fatality, or in situations of imminent danger to the investigator or another person;
(3)Assist county multidisciplinary teams to develop and implement protocols for the investigation and prosecution of child abuse, child neglect, child sexual abuse, child exploitation, child pornography, or child fatality cases.
2.The team may call upon the expertise of the office of the attorney general, the Missouri office of prosecution services, the state highway patrol, the department of health and senior services, the department of mental health or any other agency or institution.
3.Each county may develop a multidisciplinary team for the purpose of determining the appropriate investigative and therapeutic action to be initiated on complaints referenced in subsection 1 of this section reported to the children's division.The multidisciplinary team may include, but is not limited to, a prosecutor, or his or her representative, an investigator from the children's division, a physician, a representative from a mental health care services agency and a representative of the police agency of primary jurisdiction.
4.All reports and records made and maintained by the state technical assistance team or local law enforcement relating to criminal investigations conducted pursuant to this section, including arrests, shall be available in the same manner as law enforcement records, as set forth in sections 610.100 to 610.200, and to the individuals identified in subdivision (13) of subsection 2 of section 210.150. All other records shall be available in the same manner as provided for in section 210.150.
660.620 - Office of advocacy and assistance for senior citizens established in office of lieutenant governor, duties and procedure.
1.There is hereby established an "Office of Advocacy and Assistance for Senior Citizens" within the office of lieutenant governor.
2.The senior citizen advocate shall coordinate activities with the long-term care ombudsman program, as defined in section 192.2300, on complaints made by or on behalf of senior citizens residing in long-term care facilities.
3.The senior citizen advocate shall conduct a suitable investigation into any actions complained of unless the senior citizen advocate finds that the complaint pertains to a matter outside the scope of the authority of the senior citizen advocate, the complainant has no substantive or procedural interest which is directly affected by the matter complained about, or the complaint is trivial, frivolous, vexatious or not made in good faith.
4.After completing his or her investigation of a complaint, the senior citizen advocate shall inform the complainant, the agency, official or employee of action recommended by the senior citizen advocate.The senior citizen advocate shall make such reports and recommendations to the affected agencies, the governor and the general assembly as the advocate deems necessary to further the purposes of sections 660.620 and 660.625.
5.The senior citizen advocate shall, in conjunction with the department of health and senior services, act as a clearinghouse for information pertaining to and of interest to senior citizens and shall disseminate such information as is necessary to inform senior citizens of their rights and of governmental and nongovernmental services available to them.
660.330 - Delinquent support obligations with unsatisfied judgment, information to be furnished, procedure.
Any entity shall, upon request by the department, inform the department of the last known address of any person or of any moneys deposited on behalf of any person named in the request who owes a duty of support to or for any applicant for or recipient of public assistance wherein such support obligation has been assigned to the department or any of its divisions either by written assignment or operation of law and the department or division has obtained an unsatisfied judgment for such child support and after ten days' written notice has been provided to such person.Before any such information is provided, the department shall provide to the entity an affidavit with specificity that all of the requirements of this section have been met.
660.130 - Rules, regulations, forms — rule requirements.
The department of social services shall design the forms and issue rules and regulations necessary to carry out the provisions of sections 660.100 to 660.136.No rule or portion of a rule promulgated under the authority of sections 660.100 to 660.136 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.Such rules shall provide that in order for a homeowner to be eligible such homeowner shall have met federal energy conservation guidelines for insulation, or have made application for insulation under the department of natural resources program or like program offered in the state of Missouri.Large notices of the availability of this program shall be posted in application areas and local offices of the family support division.
660.138 - Definitions.
As used in sections 660.137 to 660.149, the following terms mean:
(1)"Basic access line", a telephone line which provides switched voice residential communications service from the local exchange telecommunication company central office to the customer's premises which enables the customer to originate and terminate long distance and local calling;
(2)"Commission", the public service commission;
(3)"Economy rate telephone service", a class of local exchange telephone service provided to eligible subscribers which is designed to meet their minimum residential communication needs excluding all extras and fringe benefits including call waiting, call forwarding and other such services but providing access to telephone service for emergency calls and for the maintenance of necessary social contacts;
(4)"Eligible subscriber", an individual who has been certified by the department of social services to be eligible to receive utilicare benefits pursuant to sections 660.100 to 660.135;
(5)"Zone or mileage charges", any charges required for receipt of a basic access line which are based upon distance, by mileage or zones, of the customer from the company central office.
660.165 - Limitation on periods of emergency — when assistance to be granted.
Subject to the sufficiency of funds appropriated for this program, emergency assistance grants may be authorized by the director of the department of social services, or his delegate, when a finding is made that an individual family emergency exists.Such emergency assistance may be authorized during only one period of thirty consecutive days in any twelve-consecutive-month period, including payments which are to meet needs which arose before the thirty-day period or which extend beyond the thirty-day period.The program shall provide that a finding that an emergency does or does not exist will be made and, if applicable, assistance will be granted within three days after receipt by the department of a properly completed application.
660.110 - Coordination and administration of heating and cooling assistance programs into the Utilicare program by department of social services.
The department of social services shall be responsible for coordination of all federal heating assistance programs into the utilicare program and shall provide plans for the implementation and administration of these programs.The department may contract with local not-for-profit community agencies which render energy assistance pursuant to affiliation or contract with the United States Community Service Administration or another federal agency to distribute the federal moneys, to administer the federal heating and cooling assistance programs in accordance with the plan developed by the department and to provide certain administrative services in connection with the utilicare program which may include the processing of utilicare applications and any other service which the department deems practical.Insofar as possible, within the provisions of federal law and regulations, all payments made from funds available from the Crude Oil Windfall Profit Tax Act of 1980 and other federal sources shall be made directly to energy suppliers in a manner similar to payments made under the state utilicare program.
660.010 - Department of social services created — divisions and agencies assigned to department — duties, powers — director's appointment.
1.There is hereby created a "Department of Social Services" in charge of a director appointed by the governor, by and with the advice and consent of the senate.All the powers, duties and functions of the director of the department of public health and welfare, chapters 191 and 192, and others, not previously reassigned by executive reorganization plan number 2 of 1973 as submitted by the governor under chapter 26 except those assigned to the department of mental health, are transferred by type I transfer to the director of the department of social services and the office of the director, department of public health and welfare is abolished.The department of public health and welfare is abolished.All employees of the department of social services shall be covered by the provisions of chapter 36 except the director of the department and the director's secretary, all division directors and their secretaries, and no more than three additional positions in each division which may be designated by the division director.
2.It is the intent of the general assembly in establishing the department of social services, as provided herein, to authorize the director of the department to coordinate the state's programs devoted to those unable to provide for themselves and for the rehabilitation of victims of social disadvantage.The director shall use the resources provided to the department to provide comprehensive programs and leadership striking at the roots of dependency, disability and abuse of society's rules with the purpose of improving service and economical operations.The department is directed to take all steps possible to consolidate and coordinate the field operations of the department to maximize service to the citizens of the state.
3.All references to the division of welfare shall hereafter be construed to mean the department of social services or the appropriate division within the department.
4.The state's responsibility under public law 452 of the eighty-eighth Congress and others, pertaining to the Office of Economic Opportunity, is transferred by type I transfer to the department of social services.
5.The state's responsibility under public law 73, Older Americans Act of 1965, of the eighty-ninth Congress is transferred by type I transfer to the department of social services.
6.All the powers, duties and functions vested by law in the curators of the University of Missouri relating to crippled children's services, chapter 201, are transferred by type I transfer to the department of social services.
7.All the powers, duties and functions vested in the state board of training schools, chapter 219 and others, are transferred by type I transfer to the "Division of Youth Services" hereby authorized in the department of social services headed by a director appointed by the director of the department.The state board of training schools shall be reconstituted as an advisory board on youth services, appointed by the director of the department.The advisory board shall visit each facility of the division as often as possible, shall file a written report with the director of the department and the governor on conditions they observed relating to the care and rehabilitative efforts in behalf of children assigned to the facility, the security of the facility and any other matters pertinent in their judgment.Copies of these reports shall be filed with the legislative library.Members of the advisory board shall receive reimbursement for their expenses and twenty-five dollars a day for each day they engage in official business relating to their duties.The members of the board shall be provided with identification means by the director of the division permitting immediate access to all facilities enabling them to make unannounced entrance to facilities they wish to inspect.
660.149 - Exemption from sales and use taxes — gross receipt tax, exemption or reduction may be made by political subdivisions.
1.In addition to the exemptions granted under the provisions of section 144.030, economy rate telephone service shall also be specifically exempted from the provisions of sections 144.010 to 144.510 and 144.600 to 144.745, and from the computation of the tax levied, assessed or payable under sections 144.010 to 144.510 and 144.600 to 144.745.
2.Notwithstanding any other provision of the law to the contrary, any local political subdivision may choose to reduce or exempt from its gross receipts tax on economy rate telephone service.
660.141 - Economy rates, how established, applications — limited to one residence.
1.Notwithstanding the provisions of section 392.220 to the contrary, the public service commission may designate one or more classes of economy rate telephone service for eligible subscribers pursuant to the provisions of this section.
2.The rates to be charged to eligible subscribers for economy rate telephone service shall be:
(1)Determined by the commission separately for each local exchange telecommunications company which elects to provide the service, however, the commission may hear and decide issues relating to the provision of the service common to all such companies in one proceeding;
(2)Set at levels which enhance the affordability to eligible subscribers of such service in comparison to other comparable levels of service offered by the local exchange telecommunications company.
Such rates shall not apply to any service or charge other than that for a basic access line, including any mileage or zone charges, except as provided in this section.
3.Every local exchange telecommunications company which elects to provide economy rate telephone service shall accept applications for economy rate telephone service according to a procedure approved by the commission.
4.An economy rate telephone service subscriber shall not be provided with more than one basic access line in his or her principal place of residence.An applicant for economy rate telephone service may report only one address in this state as the principal place of residence.
660.145 - Rules and regulations by commission — economy rate telephone service fund established, purpose — fund not to lapse at end of fiscal year.
1.The commission shall promulgate such rules and regulations as are necessary to implement the provisions of sections 660.138 to 660.149.Such rules and regulations shall take into consideration available federal programs to reduce telephone costs to specified subscribers.No rule or portion of a rule promulgated under the authority of sections 660.138 to 660.149 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
2.The general revenues of the state shall be used to fund the discount provided to eligible subscribers of economy rate telephone service.The amount of the discount shall determine the amount of the waiver of the federal interstate subscriber line charge in section 660.139.
3.There is hereby created the "Economy Rate Telephone Service Fund" which shall be administered by the commission and which shall contain such moneys as appropriated to it by the general assembly.Moneys in the fund shall be kept separate from all other funds of the commission and shall be expended for the purpose specified in subsection 4* of this section and for no other purpose.
4.Each participating local exchange telecommunications company shall determine and report quarterly to the commission the costs incurred for providing economy rate telephone service.Upon appropriation by the general assembly, the commission shall authorize reimbursement for those costs from the economy rate telephone service fund.
5.Notwithstanding the provisions of section 33.080, the unexpended balance in the economy rate telephone service fund at the end of each fiscal year shall not be transferred into general revenue.
660.345 - Immunity from civil liability for providing requested information.
Any entity, officer, agent, or employee of such entities participating in good faith in providing the requested information under sections 660.327, 660.330 and this section shall be immune from civil liability that might otherwise result from the release of such information to the department.
660.155 - Grants may be made, to whom.
The plan formulated by the department of social services under section 8* shall provide for one-time financial grants, which may be money payments or vendor payments or payments in kind, to qualified families during defined periods of emergency need.Such grants shall be made pursuant to regulations specified in the plan, which shall be in accordance with and approved by the United States Department of Health, Education and Welfare, and shall be known as "Emergency Assistance Grants".
660.355 - Application or receipt of public assistance to be deemed consent to request for information.
The application for or the receipt of public assistance shall be deemed consent by any such applicant or recipient for the department to request any information regarding such applicant or recipient from any entity.
660.100 - Financial assistance for heating — definitions.
1.The department of social services is directed to establish a plan for providing financial assistance to elderly households, disabled households and qualified individual households for the payment of charges for the primary or secondary heating or cooling source for the household.This plan shall be known as "Utilicare".
2.For purposes of sections 660.100 to 660.136, the term "elderly" shall mean having reached the age of sixty-five and the term "disabled" shall mean totally and permanently disabled or blind and receiving federal Social Security disability benefits, federal supplemental security income benefits, veterans administration benefits, state blind pension pursuant to sections 209.010 to 209.160, state aid to blind persons pursuant to section 209.240, or state supplemental payments pursuant to section 208.030. For the purposes of sections 660.100 to 660.136, but not for the purpose of determining "eligible subscribers" pursuant to subdivision (4) of section 660.138, the term "qualified individual household" shall mean a household in which:
(1)One or more residents of the state of Missouri reside and whose combined household income is less than or equal to one hundred and fifty percent of the current federal poverty level or sixty percent of the state median income for the relevant household; and
(2)While the Federal Low Income Home Energy Assistance Program remains in effect, the household is also determined to be eligible for assistance under such program and related state programs of the Missouri department of social services.
660.200 - Rules, procedure.
No rule or portion of a rule promulgated under the authority of sections 660.150 to 660.200 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024.
660.750 - Liaisons for faith-based organizations to be designated, duties.
1.This act shall be known as the "Faith-Based Organization Liaison Act".
2.The director of the department of social services shall designate existing regional department employees to serve as liaisons to faith-based organizations in their regions.
3.The director shall ensure that the primary function of each employee designated as a liaison under this section is to:
(1)Communicate with faith-based organizations regarding the need for private community services to benefit persons in need of assistance who otherwise would require financial or other assistance under public programs administered by the department;
(2)Promote the involvement of faith-based organizations in working to meet community needs for assistance;
(3)Coordinate the department's efforts to promote involvement of faith-based organizations in providing community services with similar efforts of other state agencies; and
(4)Provide clear guidance to faith-based organizations of all the rights and responsibilities afforded to them under federal law, including but not limited to federal equal treatment, charitable choice regulations, and the establishment clause of the United States Constitution.
4.No liaison shall discriminate against any faith-based organization in carrying out the provisions of this section.
660.650 - Definitions.
As used in sections 660.650 to 660.657, the following terms shall mean:
(1)"Early head start program", any head start program as defined in subdivision (4) of this subsection which provides services to children age three and under, and their families;
(2)"Head start delegate agency", any organization that operates a head start program pursuant to a contract with a head start grantee;
(3)"Head start grantee", any private not-for-profit or public organization that operates a head start program pursuant to federal law and regulations.A head start grantee shall be responsible for the administration of a local head start program and, in partnership with the head start policy council, provide policy direction for the program; and
(4)"Head start program", a community program that is operated in compliance with federal performance standards pursuant to 42 U.S.C. Section 9801, and 45 CFR Section 1301, et seq., and that provides comprehensive services to children and their families.The program shall focus on preschool children from low-income families who have not reached the age of compulsory school attendance.A head start program shall encompass early child development and health services, family and community partnerships, and program design and management.Head start services include, but are not limited to, health, education, parent involvement, nutrition, social services, special services for children with disabilities and other services to help children and their families attain their full potential.
660.150 - Plan to be established.
The department of social services is directed to devise and formulate a program of emergency financial assistance to needy families with children under twenty-one years of age which will qualify the state of Missouri for federal funds pursuant to Sections 603 and 606 of Title 42, United States Code, and such portions of the code of federal regulations as may apply to said sections.Upon receiving approval of the state plan from the United States Department of Health, Education and Welfare, the department shall implement the plan.
660.350 - Disclosure of information, penalty.
The disclosure of any information provided to the entity by the department or the disclosure of any information regarding the identity of any applicant for or recipient of public assistance, by an officer or employee of any entity, or by any person receiving such information from such employee or officer is prohibited.Any person violating this section shall be guilty of a class A misdemeanor.
660.105 - Eligibility for assistance — income defined.
Every qualified individual household for which an application is made, and every applicant household in which the head of the household or spouse is elderly or disabled and the income for the prior calendar year does not exceed one hundred and fifty percent of the current federal poverty level or sixty percent of the state median income, shall be an "eligible household" and shall be entitled to receive assistance under the utilicare program if moneys have been appropriated by the general assembly to the utilicare stabilization fund established pursuant to section 660.136. "Income" shall be as defined in section 135.010.
660.115 - Utilicare payment, procedure.
1.For each eligible household, an amount not exceeding eight hundred dollars for each fiscal year may be paid from the utilicare stabilization fund to the primary or secondary heating source supplier, or both, including suppliers of heating fuels, such as gas, electricity, wood, coal, propane and heating oil.For each eligible household, an amount not exceeding eight hundred dollars for each fiscal year may be paid from the utilicare stabilization fund to the primary or secondary cooling source supplier, or both; provided that the respective shares of overall funding previously received by primary and secondary heating and cooling source suppliers on behalf of their customers shall be substantially maintained.
2.For an eligible household, other than a household located in publicly owned or subsidized housing, an adult boarding facility, an intermediate care facility, a residential care facility* or a skilled nursing facility, whose members rent their dwelling and do not pay a supplier directly for the household's primary or secondary heating or cooling source, utilicare payments shall be paid directly to the head of the household, except that total payments shall not exceed eight percent of the household's annual rent or one hundred dollars, whichever is less.
660.015 - Salary — expenses of the department.
The director of the department of social services shall receive as compensation for his or her services the salary provided by statute and additional reimbursement for necessary traveling expenses and other necessary expenditures incurred in the performance of official duties.Compensation for the director and employees of the department of social services and funds for other expenses incident to the performance of their duties prescribed by authority of this and other laws shall be payable from appropriations made in the same manner as for other departments.
660.340 - Cost of record search.
The department shall reimburse any entity for the cost of computer time expended by the entity in making a search of its records as a result of a request made pursuant to sections 660.325 to 660.355, at a reasonable rate.If the request asks for records of any deposits and withdrawals during the past five years, and the entity cannot obtain such information by automated search of its records, the department shall reimburse the entity at the rate of six dollars per man hour expended.
660.335 - Requests by department for information, form — content.
Requests made by the department pursuant to sections 660.327 and 660.330 shall be in writing and shall include sufficient information to identify each person named in the request in a form that is compatible with the record-keeping methods of the entity.Requests may be made in the form of magnetic computer tape.
660.135 - Expenditures — utilicare stabilization fund.
1.The utilicare stabilization fund for any fiscal year shall be funded, subject to appropriations, by the general assembly.
2.The department of social services shall, in coordination with the department of economic development, apply a portion of the funds appropriated annually by the general assembly to the utilicare stabilization fund established pursuant to section 660.136 to the low income weatherization assistance program of the department of economic development; provided that any project financed with such funds shall be consistent with federal guidelines for the Weatherization Assistance Program for Low-Income Persons as authorized by 42 U.S.C. Section 6861.
660.139 - Waiver of interstate line charges for companies providing economy rates — procedure — effect on economy rates.
Every local exchange telecommunications company which elects to provide economy rate telephone service shall apply to the Federal Communications Commission for the appropriate waiver of the monthly interstate subscriber line charge.Upon federal approval, the discount provided by the local exchange telecommunications company to subscribers of economy rate telephone service shall be increased to include the extent of the monthly waiver of the interstate subscriber line charge.
660.360 - Welfare fraud telephone hot line, attorney general, duties.
The department of social services shall establish and maintain a statewide toll-free telephone service which shall be operated eight hours per day during the work week to receive complaints of suspected public assistance fraud.This service shall receive reports over a single statewide toll-free number.
660.160 - Department may define emergency situations.
For the purposes of this plan, individual family emergencies may be declared by the department of social services when any crisis situation exists with respect to a family which threatens the family and creates urgent needs with respect to food, clothing, utilities or shelter for such family and which results from a sudden occurrence or set of circumstances which cause an immediate or extraordinary food, clothing, utility or shelter need for such family.No funds shall be allocated for the payment of utility expenses unless the applicant is determined to be ineligible for available assistance under the Federal Utility Crisis Intervention Program.
660.374 - Funding — agency's share of funds, how determined — use of state revenue.
1.In the event that the Congress of the United States approves a block grant system to fund social programs, the state may, subject to appropriation, use such block grant funds or in-kind services to provide a level of financial assistance for community action agencies to carry out community action programs through the community services block grants pursuant to the federal Community Services Block Grant Act and other such federal funding sources which may be appropriate.Each agency shall in accordance with section 660.376 receive a portion of available Community Services Block Grant Act funds based on that agency's poverty population relative to the state's total poverty population.Poverty levels shall be determined by the department of social services using criteria established by the United States Office of Management and Budget.
2.In the event that federal funds are not available for the support of community action agencies, state funds may be appropriated or expended therefor, however only in an amount as defined in subsection 1 of this section.
660.370 - Definitions.
As used in sections 660.370 to 660.374, unless the context requires otherwise, the following words and terms shall mean:
(1)"Community action agency", a not-for-profit corporation which has authority under its charter and bylaws to receive funds to administer community action programs and which was officially designated as a community action agency or a community action program under the provisions of federal law Section 210 of the Economic Opportunity Act of 1964 for fiscal year 1981, unless such community action agency or a community action program lost its designation pursuant to the aforementioned act as a result of failure to comply with the provisions of such act;
(2)"Community action program", a community based and operated program which includes an intake assessment and referral capability in each of its counties and is designed to include a number of projects or components to provide a range of services and activities having* a measurable and potentially major impact on causes and conditions of poverty in the community or those areas of the community where poverty is a particularly acute problem.These services and activities may include, but are not limited to, activities designed to provide opportunities for eligible persons to:
(a)Secure and retain meaningful employment;
(b)Attain an adequate education;
(c)Make better use of available income;
(d)Obtain and maintain adequate housing and suitable living environment;
(e)Obtain emergency assistance through grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment related assistance;
(f)Maximize the role community action agencies play in supportive mechanisms available to Missouri families;
(g)Remove obstacles and solve problems which block the achievement of self-sufficiency;
(h)Achieve greater participation in the affairs of the community; and
(i)Make more effective use of other programs.
660.170 - Eligibility for assistance.
Eligibility for emergency assistance to needy families with children shall be as authorized in the state plan approved by the United States Department of Health, Education and Welfare.
660.325 - Definitions.
As used in sections 660.327 to 660.355, unless the context clearly indicates otherwise, the following terms mean:
(1)"Department", the Missouri department of social services or any division thereof;
(2)"Entity" includes any bank, trust company, savings and loan association, credit union, insurance company, or any corporation, association, partnership, or individual receiving or accepting money or its equivalent on deposit as a business in the state of Missouri;
(3)"Public assistance", assistance received by or paid on behalf of any person under chapter 205, 207, 208, or 209.
660.025 - Grants from department of social services, purposes — rulemaking procedure.
Subject to appropriation from general revenue, the director of social services shall offer grants, on a competitive basis, to programs which are engaged in the resettling of refugees and legal immigrants for the purpose of arranging for day care, transportation or other services that will facilitate a refugee's or immigrant's accessing of English language services.The department of social services may promulgate rules to govern the grant program, pursuant to the provisions of chapter 536.Any rule or portion of a rule, as that term is defined in section 536.010, that is promulgated by the department of social services under the authority of this section, shall become effective only if the department has fully complied with all of the requirements of chapter 536 including but not limited to, section 536.028, if applicable, after August 28, 1998.All rulemaking authority delegated prior to August 28, 1998, is of no force and effect and repealed as of August 28, 1998, however nothing in this act* shall be interpreted to repeal or affect the validity of any rule adopted and promulgated prior to August 28, 1998.If the provisions of section 536.028 apply, the provisions of this section are nonseverable and if any of the powers vested with the general assembly pursuant to section 536.028 to review, to delay the effective date, or to disapprove and annul a rule or portion of a rule are held unconstitutional or invalid, the purported grant of rulemaking authority and any rule so proposed and contained in the order of rulemaking shall be invalid and void, except that nothing in this act* shall affect the validity of any rule adopted and promulgated prior to August 28, 1998.
660.125 - False claims.
Any false claim knowingly made in an application for * assistance under the utilicare program or any false claim knowingly made by the recipient of such assistance or by a supplier of the primary or secondary heating or cooling source or of heating fuel in a request for payment under the utilicare program shall be deemed a false declaration as defined in section 575.060.
660.525 - Treatment for child sexual abuse victims provided by division, when.
The children's division may provide treatment services for child sexual abuse victims in instances where the perpetrator is not listed in section 210.110 as a person responsible for the care, custody and control of the child, if treatment funds are available and such treatment services are requested by the family of the child.
660.625 - Advocate to maintain confidentiality, exception.
The senior citizen advocate shall maintain confidentiality with respect to all matters, including the identities of the complainants or witnesses coming before the senior citizen advocate unless the complainant consents to the use of his or her name in the course of the investigation.