New Rules for Child Care Providers
Each year the Missouri Legislature meets from January through mid-May. The effects of our work are generally not felt until late summer, however. According to the Missouri Constitution, most new laws take effect on Aug. 28. One change enacted in 2019 already has garnered a lot of attention.
A comprehensive package of reforms relating to children’s health and safety, House Bill 397 includes changes to foster home placement, child relocation, child support enforcement, modernization of the Amber Alert system and major revisions to sex trafficking laws. New rules affecting child care providers have prompted the most calls and emails, however.
HB 397 limits the number of children that can be supervised in an unlicensed child care facility, but the law has ramifications for licensed providers, as well. The law also increases penalties for operating a child care facility in violation of state law.
Effective Aug. 28, 2019, a state license is not required to operate a child care facility that serves no more than six children. The new law raises the threshold for licensing from four children, but imposes new restrictions. Only three children under the age of 2 will be allowed at an unlicensed care facility, and an exemption for children related to the provider has been eliminated. Under the new law, school age children – age 5 or older – who live in the home are not included in the total number of children under care, but all other children count.
Several lawmakers have heard from in-home child care providers who expressed concern that watching grandchildren, nieces and nephews would now push them over the limit and require them to become licensed. In one case, a woman was caring for 18 children, but was previously exempt from licensure because all but four of the children were relatives.
Although some caregivers are upset with the new rules, it’s important to stress that the changes are intended to protect the safety of children and prevent tragic injuries or death. In fact, lawmakers commonly referred to these new provisions as “Nathan’s Law,” in memory of an infant who died at an illegal facility in Jefferson County in 2007. The new, more stringent, standards have been debated at the State Capitol for more than a decade, and many legislators and concerned parents fought hard for their passage.
Licensed providers are also affected by HB 397. Under the new law, all children under care, including those related to the provider, will count toward the licensed capacity of a facility. In order to maintain consistency with the provisions affecting unlicensed providers, the Missouri Department of Health and Senior Services may allow variances for school-age children who live in a licensed provider’s home. Requests for variances will be considered on a case-by-case basis.
The law also raises the consequences for operating an illegal child care facility. Exceeding the provisions of the law will no longer be an infraction, but a Class C misdemeanor. Subsequent offenses will be charged as Class A misdemeanors. Penalties have risen, as well. The fine for first offense violations is now $750. Repeat offenders face fines up to $2,000 per day, not to exceed $10,000.
As lawmakers considered this legislation, we heard testimony that 54 children died at in-home day care centers in Missouri in the span of just 55 months. These new provisions will not prevent all future deaths under the watch of a child care provider, licensed or not, but they do bring a higher level of accountability to the child care industry in Missouri. I encourage all my constituents who use or provide child care services to become familiar with the new rules and embrace them in the spirit they were intended. For more information, visit health.mo.gov/safety/childcare.
It’s my honor to serve as your senator for the 16th District. If you have questions or need any assistance, please call my office at 573-751-5713 or log onto my webpage at https://www.senate.mo.gov/brown for more information.