210.201. Definitions.
Definitions.
210.201. As used in sections 210.201 to 210.257, the following termsmean:
(1) "Child", an individual who is under the age of seventeen;
(2) "Child-care facility", a house or other place conducted ormaintained by any person who advertises or holds himself out as providingcare for more than four children during the daytime, for compensation orotherwise, except those operated by a school system or in connection with abusiness establishment which provides child care as a convenience for itscustomers or its employees for no more than four hours per day, but achild-care facility shall not include any private or religious organizationelementary or secondary school, a religious organization academic preschoolor kindergarten for four- and five-year-old children, a home school, asdefined in section 167.031, RSMo, a weekly Sunday or Sabbath school, avacation Bible school or child care made available while the parents orguardians are attending worship services or other meetings and activitiesconducted or sponsored by a religious organization. If a facility orprogram is exempt from licensure based on the school exception establishedin this subdivision, such facility or program shall submit documentationannually to the department to verify its licensure-exempt status; exceptthat, under no circumstances shall any public or religious organizationelementary or secondary school, a religious organization academic preschoolor kindergarten for four- and five-year-old children, a home school, asdefined in section 167.031, RSMo, a weekly Sunday or Sabbath school, avacation Bible school or child care made available while the parents orguardians are attending worship services or other meetings and activitiesconducted or sponsored by a religious organization be required to submitdocumentation annually to the department to verify its licensure-exemptstatus;
(3) "Person", any person, firm, corporation, association, institutionor other incorporated or unincorporated organization;
(4) "Religious organization", a church, synagogue or mosque; anentity that has or would qualify for federal tax-exempt status as anonprofit religious organization under Section 501(c) of the InternalRevenue Code; or an entity whose real estate on which the child-carefacility is located is exempt from taxation because it is used forreligious purposes.
(RSMo 1949 §§ 210.200, 210.210, A.L. 1955 p. 685 § 210.200, A.L. 1982 H.B. 1171, et al., A.L. 1989 S.B. 241, A.L. 1993 H.B. 376, A.L. 2002 S.B. 923, et al., A.L. 2004 H.B. 1453)Prior revision: 1929 § 14133
(1989) Where definitions in statute are clear and unambiguous, department may not promulgate a regulation which is in conflict with the statute. (Mo.App.) Div. of Family Serv. v. Patterson Schools, 772 S.W.2d 823.