Good Cause Waiver
Section 192.2495, RSMo, requires regulated health care employers, such as long term care facilities, hospitals, home health agencies, hospices, adult day care providers, and in-home services providers and consumer directed services programs under contract with the Department of Health and Senior Services, to obtain background screenings prior to hiring an employee. In-home services providers, consumer directed services providers, and home health agencies are required to conduct background screenings by checking the Family Care Safety Registry (FCSR) (Sections 210.900 - 210.936, RSMo). Findings reported by the FCSR include substantiated child abuse or neglect, open criminal records, sex offender registry, placement on the Department of Health and Senior Services Employee Disqualification List (EDL), placement on the Department of Mental Health’s Employee Disqualification Registry, or denial/revocation/suspension of a foster parent license or child care provider license. Section 192.2495 states that an individual with a certain type of criminal history finding identified in their background screening cannot be hired by these employers. It further states that an individual with any FCSR finding cannot be hired by a regulated home health agency, or an in-home services provider or consumer directed services program under contract with the Department of Health and Senior Services.
An individual who has been disqualified from employment with one of the above provider types has the right to apply for a Good Cause Waiver (GCW), which, if granted, would not correct or remove the finding, but would remove the hiring restriction and allow the individual to be employed. This includes those individuals who have committed a crime against persons and thus have been disqualified from employment in a regulated nursing home, hospital, adult day care or hospice; and those individuals who have any FCSR finding and thus have been disqualified from employment by a regulated home health agency or in-home services provider or consumer directed services program under contract with the Department of Health and Senior Services (see NOTE 1 below)..
NOTE 1: An individual who has been placed on the Department of Health and Senior Services EDL is not eligible to receive a GCW. Such individuals are automatically disqualified from working in a regulated long-term care facility, hospital, hospice, adult day care, home health agency or for an in-home services provider or consumer directed services program under contract with the Missouri Department of Health and Senior Services.
NOTE 2: The Good Cause Waiver process is not applicable to those seeking employment with a child care provider licensed by the Department of Health and Senior Services. If you are seeking employment with a licensed child care provider and have a finding reported by the FCSR, please go to: Background Screening Process. The GCW process is not applicable to any other employer not included in section 192.2495 RSMo.
To apply for a Good Cause Waiver from the Department of Health and Senior Services, an individual must:
- Complete an Application for Good Cause Waiver form, MO 886-3654 (07-08). You may click on the link above or contact the Good Cause Waiver Program toll-free, at 1-866-422-6872 to request a packet be mailed or faxed to you.
- Complete an Explanation of Background Screening Finding form for EACH arrest/investigation that resulted in the disqualifying offense or incident. Include what happened, how it happened, why it happened, when and where it happened, any person present at the time, and the circumstances from your point of view. Include why you feel your Good Cause Waiver should be approved.
- Attach one sponsorship letter from a current or potential employer, training agency or school. If you are not able to obtain a sponsor, submit as a substitute, three (3) character references from persons knowledgeable of your character and employment history. The reference letters cannot be from someone related to or residing with you.
- Attach your employment history since the age of 18, including time period worked for each employer.
Include (if applicable):
- If the disqualifying finding is substantiated child abuse/neglect finding and/or foster parent denial/revocation/suspension finding, attach the investigation report from the Department of Social Services (DSS). This report is approximately 10 pages long and is available to you upon telephone or written request from your local DSS office.
- If you have ever been refused a license, certificate, or registration by any public or governmental licensing board, agency or regulatory authority, please explain the incident that led to the disciplinary action.
- If you have any pending felony or misdemeanor charges, include a statement explaining the circumstances and certified copies of the charging documents for all pending criminal charges.
- Explain any pending charges of child abuse, neglect or endangerment.
- Explain any pending charges that might result in the denial, revocation, or involuntary suspension of a foster parent license.
Explain any pending charges that might lead to your inclusion on the Department of Mental Health Employee Disqualification Registry.
If an individual being considered for employment reveals the existence of a GCW or reveals the existence of an otherwise disqualifying finding, it is the employer’s responsibility to verify whether a GCW was granted and if the waiver is still valid. An Employer may verify the status by:
- Calling the FCSR toll-free access line at 1-866-422-6872 and asking to have a GCW verified. The employer will need to provide the individual’s full name and social security number in order to obtain verification of the waiver.
- Emailing the FCSR at firstname.lastname@example.org.