JEFFERSON CITY — The members of the Missouri Senate today (4-18) gave their initial stamp of approval to measures designed to strengthen protections for some of the state’s youngest citizens.  Senate Bill 448 would change provisions relating to child care providers in the Show-Me State and create “Sam Pratt’s Law.”

More specifically, SB 448 would require any child care facility that is exempt from licensure to disclose its licensure-exempt status to the parents or guardians who have children attending the facility.  In addition, the legislation would increase the penalty for violations of child care licensure provisions to include a fine of $200 per day, not to exceed a total of $10,000 for subsequent offenses.

Senate Bill 448 also creates Sam Pratt’s Law, which states that in any case involving abuse, neglect or the death of a child, the court may impose as a condition of release that a defendant would be prohibited from receiving compensation for child care services pending final disposition of his or her case.  The provision is named for a young Missourian, William “Sam” Pratt, who died in an unlicensed home day care facility in 2009.

Lawmakers also perfected SB 758, sponsored by Sen. Jay Wasson, R-Nixa.  The measure changes the laws regarding hotline calls and investigations of child abuse and neglect to the Children’s Division under the Missouri Department of Social Services.

In a case involving the death or serious injury of a child after a report has been made, the Children’s Division would conduct a preliminary evaluation (no later than three days if a child’s death occurs) to determine whether it is necessary to conduct a review regarding the ability of the circuit manager or case worker(s) to competently perform their duties.  If the division determines a review and assessment is necessary, it would be completed no later than three days after the child’s death.

Also, the bill would require the Children’s Division to review a case when three or more calls regarding the same child are made to its hotline within a 72-hour time period to determine if the calls meet the criteria and statutory definition for a child abuse and neglect report to be accepted.  The division’s review would include contacting the hotline caller(s) to collect information if the calls meet the criteria for harassment.  A hotline worker would be required to instruct the person making the hotline call to contact 911 when a child may be in immediate danger.

Senate Bill 758 also addresses home visits.  Division workers responding to a child abuse and neglect investigation would be prohibited from calling prior to a home visit or leaving a business card, pamphlet or other similar identifying information at a residence if workers have a reason to believe:

• No person is present at the time of the home visit and the alleged perpetrator resides in the home or the child’s safety may be compromised if the alleged perpetrator becomes aware of the visit.
• The alleged perpetrator becomes aware of the attempted visit.
• The family has a history of domestic violence or fleeing the community.

The legislation also requires a division worker responding to or investing a child abuse and neglect report to, if the alleged perpetrator is present during the visit, provide written material to the individual, informing the person of his or her rights regarding the visit, including the right to contact an attorney.  The alleged perpetrator would be given no longer than five minutes to read the material or have the material read to him or her before the visit begins.  However, this provision would not apply when the child faces an immediate threat or danger or if the person responding to or investing a report feels threatened or in danger.

Both SB 448 and SB 758 need a final passing vote before moving on to the House of Representatives for further consideration.

For more information about these measures and other bills moving through the Missouri Senate, visit www.senate.mo.gov.  To contact the Senate Newsroom, call (573) 751-3824 or email: newsroom@senate.mo.gov.