HB 562 Modifies the Children's Services Commission as well as provisions regarding child care providers and enacts a task force on prematurity and infant morality

     Handler: Schmitt

Current Bill Summary

- Prepared by Senate Research -

SCS/HCS/HB 562 - This act modifies provisions relating to the well-being of children.


(Sections 210.101, 210.102)

This act modifies the membership of the Missouri Children's Services Commission. One of the two judges on the commission, and four of the legislative members are eliminated. Representatives from the departments of higher education and corrections and five members, at least one of whom shall be from a third class county, appointed by the governor are added to the commission. Additional duties are added to the state plan to be developed by the commission.

This provision is substantially similar to a provision in SCS/HB 464 (2011).


This act establishes a 23-member Missouri Task Force on Prematurity and Infant Mortality within the Children's Services Commission to measurably reduce the state's pre-term birth and infant mortality rates by proposing evidence-based legislation, regulation, and public policy changes. Six of the 23 members shall be members of the General Assembly with two members appointed by the Speaker of the House of Representatives, one by the Minority Leader of the House of Representatives, two by the President Pro Tem of the Senate, and one by the Minority Leader of the Senate. The task force shall meet initially by October 15, 2011, and at least quarterly thereafter.

By March 1, 2012, the task force shall submit a report to the Governor and the General Assembly on the current on the current state of prematurity in Missouri. Final recommendations including any legislation shall be submitted to the Governor and General Assembly by January 15, 2013. A final report evaluating the impact of implementing those recommendations shall be submitted by January 15, 2015. The task force shall expire January 31, 2015, or upon the submission of a final report, whichever is earlier.

These provisions are identical to HCS/HB 630 (2011).


This act authorizes the Department of Health and Senior Services to investigate child care providers who are exempt from licensure if the department learns or is notified that such provider has pending criminal charges, except that the provisions of this act shall not apply to any child care provider who is providing care only to children who are related by blood, marriage or adoption to such provider in the third degree. The exception is also extended to any child-care facility maintained or operated under the exclusive control of a religious organization.

The department is also authorized to prohibit a licensure exempt child care provider from continuing to provide child care services if there are criminal charges pending against him or her that would similarly result in licensure actions for a licensed child care provider. Such licensure exempt provider shall be prohibited from continuing services pending a resolution of such criminal charges in favor of the provider.

Any licensure exempt child care provider who continues to provide child care services after notification by the department to stop such services shall be guilty of a Class B misdemeanor for the first violation and a Class A misdemeanor for any subsequent violation.

The department shall report any known violation to an appropriate prosecuting attorney's office or law enforcement agency. SECTION 210.265

This provision is substantially similar to SB 339 (2011) and HB 156 (2011).


Under current law, a child care provider may be exempt from licensure if the person is caring for four or fewer children and children who are related to the provider are not considered in the total number of children being cared for. This act provides that such relative children shall be included in the total number of children being counted, except that children of such person who live in the home and attend school for a full school day shall not be included in the total number cared for. Any child-care facility exempt from licensure shall disclose the licensure-exempt status to the parents or guardians of children for which the facility provides care.

This act increases the penalty for violations of child care licensure provisions to include a fine of two hundred dollars per day, not to exceed a total of ten thousand dollars for subsequent offenses.

This act also authorizes the Department of Health and Senior Services to immediately close any illegally operating unlicensed child-care facility. The prosecuting attorney of the county where such illegal child-care facility is located may file suit for a permanent order preventing the operation of a child-care facility. The order shall remain in effect until such time as the court determines that the child-care facility is in compliance with all licensure requirements. Any person who operates an illegal unlicensed child-care facility shall be subject to penalties prescribed under the act. SECTIONS 210.209, 210.211, 210.245

This provision is substantially similar to SB 339 (2011) and HB 603(2011).


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