HB 2249 Modifies provisions relating to background checks for child care providers and child care facility liability insurance coverage

     Handler: Riddle

Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 2249 - This act modifies existing law regarding background checks for child care providers receiving federal or state funds for providing chid care services. An applicant provider, persons employed by the provider, and other individuals and volunteers involved in caring for children for the provider or who are 17 or older and reside in the provider's child care home shall be required to submit to a background check prior to the application's approval and every 5 years thereafter, as well as submit to an annual check of the central registry for child abuse.

Prior to employment in a family child care home, a group child care home, a child care center, or a license-exempt child care facility, the child care provider shall request the results of a criminal background check for the individual from the Department of Health and Senior Services. Prospective staff members may begin working as soon as the background check has been requested, but shall be supervised at all times. Current staff members shall have background checks performed by January 31, 2019. A staff member shall be ineligible for employment or adult household member shall be ineligible to stay in a family child care home if the staff member or household member refuses to consent to the background check, knowingly makes a false statement in connection with the check, is registered or required to be registered as a sex offender, has a finding of child abuse and neglect, or has been convicted of certain felonies or violent misdemeanors.

A child care provider shall not be required to submit a request for a criminal background check if the staff member has received such a check within the past five years while employed with a Missouri child care provider and the Department of Health and Senior Services provided the results of the check to that provider.

The Department shall process the background check request as soon as possible, but not to exceed 45 days following the request. The Department shall provide the child care provider information on the staff member or adult household member's eligibility, but shall not reveal to the provider any information on the reason for disqualification. However, the Department shall provide such reason for disqualification to the staff member or adult household member, as well as include information about the process to appeal the Department's decision.

Additionally, this act requires license-exempt religious child care facilities to comply with the background check provisions under this act.

These provisions are identical to provisions in SCS/SB 985 (2018) and substantially similar to provisions in the truly agreed to and finally passed CCS/SS/SCS/HB 1350 (2018) and SCS/HCS/HB 2042 (2018).

Finally, this act requires all licensed child care facilities to report annually to the Department of Health and Senior Services whether the facility has liability insurance coverage and if so, shall provide the Department with proof of coverage. The Department shall publish and annually update its website whether each facility has coverage and shall provide coverage information for a facility upon request.

This provision is identical to HB 1430 (2018).

SARAH HASKINS


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