Changes in child care
laws coming to Missouri this month
JEFFERSON CITY, Mo. -- Last month, Governor Mike Parson signed
House Bill 397 which modifies current laws to protect children in child care
settings. The Missouri General Assembly passed this bill during the last
legislative session, and it contains numerous provisions that will impact
children and child care facilities and aim to prevent tragic incidents from
occurring. These changes, which will go into effect on Aug. 28 include the
following:
·
For
unlicensed child care providers, the total number of children in care was
increased from four to six, including a maximum of three children who are under
two years of age. Children who live in the home and who are five years old and
older will not be included in the total number of children in care. All other
children will be included in the total number of children in care.
·
For
licensed child care facilities, all children, including related children, will
count in the license capacity, regardless of facility ownership.
·
For
unlicensed, illegal child care providers:
o The offense of providing illegal child
care has been raised from an infraction to a Class C misdemeanor for the first
offense and a Class A misdemeanor for subsequent offenses. The penalties were
also increased to a fine up to $750 for the first offense and up to $2,000 per
day, not to exceed $10,000 for subsequent offenses.
o
DHSS
is now required to file for civil penalties, between $750 and $2,000, for the
provision of unlicensed illegal child care. The department must provide written
notice of the violation, educational materials about Missouri’s child care laws
and regulations, how a facility may become exempt or licensed, and penalties
for operating an unlicensed, nonexempt child care facility. DHSS must also
provide the individual with 30 days to become compliant, including attaining
exempt status or becoming licensed. Civil penalties will not be assessed
against those providers who are criminally charged for providing illegal child
care.
·
DHSS
is now provided with the explicit authority to deny an application for
licensure if the child care facility is located within 1,000 feet of a location
where a person required to register as a sex offender resides or regularly
receives treatment or services, excluding those provided by a hospital.
“We are committed to working
with child care providers and families during this transition,” said Dr.
Randall Williams, director of DHSS. “Together, we want to ensure that Missouri
children are being provided the safe care that families deserve.”
For
more information about regulations and licensure in child care, visit https://health.mo.gov/safety/childcare/index.php.
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