SCS/SB 115 - This act modifies the laws regarding licensing child care facilities in several ways. First, when determining whether a facility must be licensed, a child related by blood, marriage, or adoption shall be counted in the total number of children being cared for only if the person is also caring for at least two other children for pecuniary gain who are unrelated by blood, marriage, or adoption to the caregiver within the third degree, and only if the children are not being cared for due to extenuating circumstances not exceeding 30 days within one calendar year. Additionally, a child living in the caregiver's home who is eligible for enrollment in a public kindergarten or elementary school shall not be included in the total.
This act also requires all child care facilities to disclose the licensure status of the facility to the parents or guardians of children for which the facility provides care.
Finally, this act increases the existing fines for persons who make materially false statements in order to obtain or renew a license from a fine not to exceed two hundred dollars for the first offense to a fine not to exceed five hundred dollars and from a fine of up to two hundred dollars per day for subsequent offenses to a fine of up to five hundred dollars per day. Additionally, the Department of Health and Senior Services may close any illegally operating unlicensed child care facility upon documentation of the illegal status of the facility or the finding of an emergency based on the harm or imminent harm to the children involved, subject to statutory procedures for license suspensions and revocations. A local prosecutor may file suit for a permanent order preventing the operation of the facility that shall remain in effect until the court determines that the child care facility is in compliance with all licensing requirements. Any operator of a facility closed under this provision that is later found to have been legal shall have the right to exercise any rights and remedies that may be available at law or in equity.
This act is substantially similar to SB 850 (2016) and similar to SB 482 (2015) and HB 2097 (2014).