SB 393 - This act revises the laws regarding criminal background checks performed under the Family Care Safety Registry.
DEFINITIONS - This act modifies the definitions for "child care provider", "child care worker", and "employer" as well as adding a definition for "school district staff" to the list of definitions relating to the registry. Section 210.900
ADDITIONAL EMPLOYEES TO BE INCLUDED IN REGISTRY - This act requires certain employees of school districts, certain child care providers and individuals older than 17 years of age living with the provider, licensed and licensed-exempt child care providers, their employees and volunteers, and mental health providers to be included in the registry. Sections 168.133, 210.025, 210.221. 210.906.1 and 2
REGISTRY TO BE SOLE BACKGROUND CHECK REPOSITORY - This act specifies that the registry will be the sole background check repository for the state and requires all state departments and agencies to use the registry for background screening results.
SUBJECT TO APPROPRIATIONS, TECHNOLOGICAL AND INFRASTRUCTURE UPDATES TO THE REGISTRY - The Department of Health and Senior Services is required, subject to appropriations or with funds from the federal American Recovery and Reinvestment Act of 2009, to update and enhance the technological capabilities of the registry and implement a new interdepartmental uniform infrastructure and procedures for the Departments of Public Safety, Social Services, Mental Health, and Elementary and Secondary Education to use for background screening results. The Department of Health and Senior Services shall also use such funds for the processing of the results of employees of these departments who are not currently registered. Section 210.903.2
FINGERPRINTS AND CHECKS CONDUCTED BY THE MISSOURI STATE HIGHWAY PATROL - The State Highway Patrol is required to collect fingerprints and conduct state and national criminal background checks with the resulting information to be retained in and reported out by the registry. Section 210.903.2
DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION REPORTING REQUIREMENTS - The Department of Elementary and Secondary Education is required to report results to the registry. Under current law, the registry only contains background screening results from applicants reported by the Departments of Social Services, Mental Health, and Health and Senior Services. Section 210.903.3
The registry shall contain information on certain specified individuals through the Department of Elementary and Secondary Education's employee disqualification registry, teacher certifications and revocation lists, and school district staff disqualifications or denials. By January 1, 2012, the registry shall also contain information from the Department of Revenue's records for suspended and revoked driver's licenses. Section 210.903.3
TRANSPARENCY OF REGISTRY RECORDS - The contents of the registry shall include open and closed records and be accessible to the Departments of Health and Senior Services, Public Safety, Social Services, Mental Health, Elementary and Secondary Education and school districts. However, certain information which would violate federal privacy laws cannot be shared between departments. Section 210.903.4 and 5
APPEAL OF EMPLOYEE DISQUALIFICATION - If an employee is denied employment based on the results of screening reported by the registry, such individual may appeal, if applicable, directly from the department that disqualified him or her for employment. Section 210.903.6
SUBJECT TO APPROPRIATIONS, COST OF CHECKS TO BE PAID BY STATE -This act requires, subject to appropriations, the cost of criminal background checks to be paid by the state. Checks not covered by the state may be paid by the individual or by the provider. If no state appropriation is made to cover the cost of funding the checks and the applicant is employed, then the cost of the background check shall be paid by the employer if the cost of the background check when subtracted from the applicant's annual salary or wages results in the annualized salary or wages of the applicant to fall below the annualized full-time salary or wages for a minimum wage employee. Section 210.906.3
This act is substantially similar to HB 2437 (2010).