Good Cause Waiver
- Has An Application Been Submitted?
- Family Care Safety Registry
- Frequently Asked Questions
- How to Apply
Section 660.317, RSMo, requires regulated health care employers, such as a long-term care facility, hospital, home health agency, in-home service provider and consumer directed services programs under contract with the Department of Health and Senior Services, hospice, or adult day care provider to obtain background screenings prior to hiring an employee. For in-home services providers, consumer directed services providers, and home health agencies, this includes checking the Family Care Safety Registry (FCSR) (Sections 210.900 – 210.936, RSMo.). This statute states that an individual with a certain type of finding identified in their background screening cannot be hired by these employers. However, in certain circumstances, the individual has the right to apply for a Good Cause Waiver (GCW), that if granted, would not correct or remove the finding, but would allow them to be employed.
Conditional employment may be considered under the following circumstances:
- An individual who has committed a crime against persons and is, therefore, disqualified from employment in a regulated nursing home, hospital, adult day care, or hospice.
An individual who has a finding reported by the FCSR cannot be employed by a regulated home health agency or in-home service provider under contract with the Department of Health and Senior Services or as a consumer directed program attendant. Findings reported by the FCSR include substantiated child abuse/neglect findings, 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.
NOTE: An individual who has been placed on the Department of Health and Senior Services’ EDL is not eligible to receive a GCW. In addition, they are automatically disqualified from working in a regulated long-term care facility, hospital, home health agency, hospice, adult day care or by an in home service provider under contract with the Department of Health and Senior Services or as an attendant through the consumer directed program.
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 List.
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 ask to have a GCW verified. The employer will need to provide the individuals full name and social security number in order to obtain verification of the waiver.
- Emailing the FCSR at firstname.lastname@example.org.
- The status of an application may also be checked at: Has An Application Been Submitted?