HB 2376 Modifies provisions relating to youth services

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Current Bill Summary

- Prepared by Senate Research -


SCS/HCS/HB 2376 - This act modifies several provisions relating to youth services, including: (1) licenses issued by the Department of Revenue for homeless youth; (2) early learning programs; (3) gifted education; (4) educational funding for children in state custody; (5) transfer of authority of certain child care facility programs to the Department of Elementary and Secondary Education; (6) Children's Division employees, programs, and residential congregate settings; (7) day and summer camps; (8) parental complaints against child care facilities; (9) family child care homes; (10) neighborhood youth development programs; (11) background checks; and (12) licensed residential care facilities.

LICENSES ISSUED BY THE DEPARTMENT OF REVENUE (Sections 136.055, 302.178, and 302.181)

This act exempts homeless children, homeless youths, and unaccompanied youths, as defined by law, from certain fees collected by Department of Revenue fee offices. The act also adds these groups to the definition of "emancipated minor" for purposes of proving the supervised driving experience required to obtain an intermediate driver's license, and exempts emancipated minors from intermediate driver's license fees. The act provides that no fee shall be required or collected from a homeless child, homeless youth, or unaccompanied youth to obtain his or her first nondriver identification card.

A minor's status as a homeless child, homeless youth, or unaccompanied youth under the act shall be verified by a letter signed by a director or designee of a governmental or nonprofit agency providing services to homeless persons, by a local education agency liaison as described under federal law, by a school social worker or counselor, or by an attorney who is representing the minor in a legal matter.

These provisions are identical to provisions in HCS/SS#2/SB 823 (2022) and substantially similar to SCS/SB 1167 (2022).

EARLY LEARNING PROGRAMS (Section 161.217)

Currently, a voluntary early learning quality assurance report program exists as a pilot program and expires on August 28, 2022. This act removes the designation of the program as a pilot program and removes the expiration date.

This provision is identical to SB 846 (2022), HB 2365 (2022), and provisions of HCS/SCS/SB 982 (2022) and similar to SB 800 (2022) and a provision in HCS/HB 2376 (2022).

GIFTED EDUCATION (Section 162.720)

Under current law, when a sufficient number of children are determined to be gifted and their development requires programs or services beyond the level of those ordinarily provided in regular public school programs, school districts may establish special programs for such gifted children. Approval of such programs shall be made by the Department of Elementary and Secondary Education based upon project applications submitted by July 15 of each year.

Under this act, if 3% or more of students enrolled in a school district are identified as gifted, the district is required to establish a state-approved gifted program for gifted children. If a school district has an average daily attendance of 350 students or fewer, the district's gifted program shall not be required to provide services by a teacher certified to teach gifted education. Any teacher who provides gifted services through the program, and is not certified, shall annually participate in at least 6 hours of professional development focused on gifted development. The district shall pay for such professional development. These provisions shall apply to school years beginning on or after July 1, 2024.

Approval of such programs shall be made by the Department based upon project applications submitted at a time and in a form determined by the Department.

This provision is identical to HB 2366 (2022), substantially similar to SB 806 (2022), SCS/SB 151 (2021), and to provisions in the perfected HS/HCS/HB 306 (2021), and similar to SB 645 (2020), HB 112 (2019), HCS/SS/SB 218 (2019), HB 136 (2019), HB 1435 (2018), and HB 1030 (2017).

EDUCATIONAL FUNDING FOR CHILDREN IN STATE CUSTODY (Section 163.063)

For purposes of determining state and local funding for a child's education, if a child resides in a residential treatment facility and is unable to attend public school due to safety or behavioral concerns and the school district uses the residential facility to provide any portion of the child's education, the facility is entitled to at least 80% of state and local money paid to the school district on a per-pupil basis along with any additional funding provided through the Department of Elementary and Secondary Education.

This act requires school districts to provide annual accounting to the residential treatment facility and requires school districts to support or approve a facility plan for the foster child or provide for the child's education on the facility site.

It is the responsibility of the school district to provide for the education of the child and ensure the child receives education services substantially similar to the curriculum and standards of the district.

This provision is identical to a provision in SCS/HCS/HB 2151 (2022) and SCS/SB 1189 (2022).

TRANSFER OF AUTHORITY OF CERTAIN CHILD CARE FACILITY PROGRAMS TO THE DEPARTMENT OF ELEMENTARY AND SECONDARY EDUCATION (Sections 208.044, 208.046, 208.053, 210.027, 210.102, 210.203, 210.211, 210.221, 210.223, 210.231, 210.241, 210.245, 210.251, 210.252, 210.254, 210.255, 210.256, 210.258, 210.275, 210.1007, and 210.1080 and the repeal of Section 210.199)

This act modifies current law relating to child care subsidies and child care facility licensing by transferring supervision and implementation authority from the Department of Social Services and the Department of Health and Senior Services to the Department of Elementary and Secondary Education pursuant to the Governor's Executive Order creating the Office of Childhood within the Department of Elementary and Secondary Education.

These provisions are identical to provisions in the HCS/SCS/SB 982 (2022), HCS/SS#2/SB 823 (2022), SS/SCS/SB 683 (2022), and SCS/HCS/HB 2151 (2022).

CHILDREN'S DIVISION EMPLOYEES, PROGRAMS, AND RESIDENTIAL CONGREGATE SETTINGS (Sections 210.135, 210.140, 210.147, 210.715, 210.762, and 211.081)

This act modifies existing statutory immunity from liability for certain persons involved with reporting, investigating, or responding to allegations of child abuse or neglect to include employees of the Department of Social Services, as well as to include additional provisions of law under which such individuals' actions may receive immunity from liability.

This act modifies existing statutory exceptions against recognizing privileged communications in situations of child abuse or neglect to include cooperation with the Children's Division in its activities under additional provisions of law, including child abuse or neglect investigations, termination of parental rights, and adoption and foster care.

Under current law, all information provided at a family support team meeting relating to the removal of a child from the child's home is confidential. This act modifies this provision so that all information provided at the meeting is confidential.

Under this act, the Department of Social Services shall establish programs to implement the provisions of the federal Family First Prevention Services Act by providing support to children and their families to prevent foster care placements when doing so is safe for the children and by limiting the use of residential setting placements.

If a child is placed in a residential congregate setting, the Children's Division shall arrange for a qualified individual to complete an assessment of the child within 30 days to determine the child's placement options and short-term and long-term goals, as specified in the act. The Children's Division shall assemble a family support team for the child. A qualified individual working with the child to develop the child's assessment shall have unlimited access to the child's records, including medical, educational, mental health, and placement records. The assessment shall be provided to all parties in a juvenile proceeding and admitted into evidence, with redactions as needed.

Within 60 days of the start of a placement in a residential setting, the court shall assess the appropriateness of the child's placement and make specific findings of fact, as described in the act. The court shall reassess the appropriateness for the child to remain in a residential setting placement at every subsequent hearing, but not less than every 6 months, until the child is discharged to a less restrictive, non-residential setting.

This act modifies current law regarding family support team meetings to permit biological family members and relatives, as appropriate, as well as professionals who are a resource to the child's family, to participate in the family support team meetings. In the case of a child who is age 14 or older, the team shall include members selected by the child. The Children's Division may exclude an individual from a meeting or make alternative arrangements for an individual to express his or her views if the individual becomes disruptive.

These provisions are identical to provisions in HCS/SS#2/SB 823 (2022), SCS/HCS/HB 2151 (2022) and HCS/SCS/SB 982 (2022).

DAY AND SUMMER CAMPS (Sections 210.201 and 210.211)

This act modifies child care facility licensure statutes by adding "day camps", as defined in the act, to the list of facilities exempt from licensure. Under this act, every child care facility shall disclose the licensure status of the facility and parents or guardians utilizing an unlicensed child care facility shall sign a written notice acknowledging the unlicensed status of the facility.

These provisions are identical to provisions in SCS/HCS/HB 2151 (2022), SS/SCS/SB 683 (2022), and SCS/SB 916 (2022), substantially similar to HCS/HB 1550 (2022), and similar to HB 1191 (2021).

PARENTAL COMPLAINTS AGAINST CHILD CARE FACILITIES (Section 210.203)

Currently, the Department of Health and Senior Services shall maintain a record of substantiated, signed parental complaints against child care facilities and shall make those complaints and findings available to the public upon request. Under this act, the identifying information of individual making the complaint shall not be made publicly available.

FAMILY CHILD CARE HOMES (Sections 210.211 and B)

This act excludes from the number of children counted toward the maximum number of children for which a family child care home is licensed up to two children who are five years or older and who are related within the third degree of consanguinity or affinity to, adopted by, or under court appointed guardianship or legal custody of a child care provider who is responsible for the daily operation of a licensed family child care home organized as a legal entity in Missouri. If more than one member of the legal entity is responsible for the daily operation of the family child care home, then the related children of only one such member shall be excluded. A family child care home caring for such children shall provide notice to parents or guardians as specified in the act. Additionally, nothing in the act shall prohibit the Department of Elementary and Secondary Education from enforcing existing licensing regulations, including supervision requirements and capacity limitations based on the amount of child care space available.

This provision has an emergency clause.

This provision is substantially similar to provisions in the perfected SS/SCS/SB 683 (2022), SCS/HCS/HB 2151 (2022), SCS/SB 132 (2021), and provisions in SCS/HS/HB 432 (2021) and similar to SB 1026 (2020) and HB 1257 (2020).

NEIGHBORHOOD YOUTH DEVELOPMENT PROGRAMS (Section 210.278)

Under current law, neighborhood youth development programs that provide activities to children ages 6 to 17 are exempt from child care licensure. This act changes the age range to 5 to 18.

This provision is identical to SB 826 (2022) and provisions in the perfected SS/SCS/SB 683 (2022) and SCS/HCS/HB 2151 (2022).

BACKGROUND CHECKS (Section 210.493)

Additionally, this act modifies provisions of current law relating to background checks of individuals in connection with licensed residential care facilities and licensed child placing agencies. Current law requires officers, managers, and support staff to undergo background checks and this act repeals that provision. This act requires the background check to include a state background check and removes the requirement to check the National Crime Information Center's National Sex Offender Registry.

This provision is substantially similar to a provision in the perfected HB 2623 (2022).

LICENSED RESIDENTIAL CARE FACILITIES (Section 210.1450)

This act requires, before January 1, 2024, certain licensed residential care facilities contracted with the Department of Social Services to obtain national accreditation, as specified in the act, and to apply to the Department for designation as a qualified residential treatment program. Subject to appropriations, the Department shall provide grants to licensed residential care facilities seeking accreditation.

Additionally, the Department of Social Services shall seek a waiver of the Institutions for Mental Diseases (IMD) exclusion for qualified residential treatment programs with the federal government within 90 days of the effective date of this provision, as specified in the act.

This provision has an emergency clause.

This provision is identical to HCS/HB 2013 (2022).

SARAH HASKINS


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