Missouri Senate

House Committee Substitute

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 HCS/SCS/SB 982 (2022), HCS/SS#2/SB 823 (2022), SCS/HCS/HB 2376 (2022), and SCS/HCS/HB 2151 (2022).

CHILDREN'S DIVISION CONTRACTORS (Sections 210.109 and 210.112)

This act authorizes the Children's Division to contract for services designed to ascertain child safety when conducting child abuse and neglect investigations.

DILIGENT SEARCHES (Sections 210.127, 210.305, and 210.565)

Under current law, the Children's Division shall conduct a diligent search for the biological parent or parents of a child in the custody of the Division if the location or identity of such parent or parents is unknown. This act requires such search to be active, thorough, and timely and if a child is removed from a home and placed in the custody of the Division, the search shall be conducted immediately following the removal of a child.

Additionally, current law requires the Division to immediately begin diligent efforts to locate and place a child with a suitable grandparent when an initial emergency placement of a child is deemed necessary. This act changes "diligent efforts" to "diligent search" and expands the search to include relatives other than grandparents. A diligent search for relatives shall occur within thirty days from the time the emergency placement is deemed necessary for the child. The Division shall continue to search for suitable relatives for the child's placement until a suitable relative is identified and located or the court excuses further search.

Finally, whenever a court determines that a foster home placement with a child's relative is appropriate, the Division shall complete a diligent search to locate and notify the child's grandparents, adult siblings, parents of siblings, and all other relatives of the child's possible placement.

These provisions are identical to provisions in the perfected SCS/HCS/HB 2151 (2022) and HB 1563 (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 the SCS/HCS/SB 2151, SCS/HCS/HB 2376 (2022), and SCS/SB 916 (2022), substantially similar to HCS/HB 1550 (2022), and similar to HB 1191 (2021).

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 identical to provisions in SCS/HCS/HB 2151 (2022), substantially similar to SCS/HCS/HB 2376 (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 SCS/HCS/HB 2151 (2022) and SCS/HCS/HB 2376 (2022).

BACKGROUND CHECKS (Section 210.493)

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 identical to a provision in SCS/HCS/HB 2376 (2022) and SCS/HB 2623 (2022).

THE "CORRECTIONAL CENTER NURSERY PROGRAM" (Section 217.940, 217.941, 217.942, 217.943, 217.944, 217.945, 217.946, and 217.947)

This act establishes the "Correctional Center Nursery Program" which requires the Department of Corrections to establish a correctional center nursery in one or more of the correctional centers for women operated by the Department by July 1, 2025. The program allows eligible inmates and children born to them while in the custody of the Department to reside together in the institution for up to eighteen months post-delivery. Nothing in this act shall affect, modify, or interfere with the inmate's custodial rights to the child nor establish legal custody of the child with the Department.

An inmate is eligible for the program if:

• She delivers the child while in custody of the Department;

• She gives birth on or after the program is implemented;

• She has a presumptive release date of 18 months or less from the date she applies to participate in the program;

• She has no dangerous felony, sexual offense, or offenses against the family convictions; and

• She meets any other criteria established by the Department.

To participate in the program, the inmate must agree to abide by certain requirements set forth in the act. Any inmate's participation in the program can be terminated by the Department for reasons set forth in the act.

The Division of Child Support Enforcement shall collect support payments made under the assignment and such payments shall be deposited in the inmate's banking account. The Department may accept donations on behalf of the program, but no donations shall be made on behalf of one particular inmate or child. Any financial donations for a specific inmate shall be made through the inmate banking system.

This act also established the "Correctional Center Nursery Program Fund" which shall be used to maintain the program.

This act provides that neither the Department of Corrections, nor the program, shall be subject to regulation, licensing, or oversight by the Department of Health and Senior Services, Department of Social Services, Children's Division, juvenile officer of any jurisdiction, or Office of Childhood unless the Department of Corrections agrees to voluntary regulation, licensing, or oversight.

Finally, the operation of a correctional center nursery program under this act and the presence of inmates' children in the program shall not be considered a dangerous condition that would result in the waiver of sovereign immunity.

These provisions are identical to provisions in the perfected SCS/HCS/HB 2151 (2022) and substantially similar to the perfected SS/SCS/SB 834 (2022).

CHILD CUSTODY (Section 452.415)

This act modifies the effective date of certain provisions of law relating to child custody. Those provisions, as they existed on August 28, 2021, shall apply to all pending actions and proceedings brought as of that date, except that actions on appeal shall be governed by the law in effect at the time of the judgment or decree becoming final. Any amendments to such sections thereafter shall apply to all pending actions and proceedings brought on or after August 28, 2021, except as otherwise provided.

This provision is substantially to a provision in HCS/SS#2/SB 823 (2022) and SCS/SB 839 (2022).

GUARDIANSHIP OR CONSERVATORSHIP OF GRANDCHILDREN (Section 475.050)

Under this act, grandparents seeking guardianship or conservatorship of a minor child shall not be required to submit background reports to the court, unless such reports are requested by any other party to the proceeding, the child's guardian ad litem, or the court.

SARAH HASKINS