HCS HB 308 -- CHILD CARE FACILITIES (Dougherty)

This substitute makes several changes to the law regarding
licensure of child care facilities.  In its main provisions, the
substitute:

(1)  Authorizes the Department of Health to deny an applicant a
license to operate a child care facility when the applicant
fails to meet the statutory requirements for such operation, or
to revoke or suspend a license when the licensee fails to renew
or surrender the license;

(2)  Requires the Department of Health to notify an applicant or
licensee of any proposed action regarding the license.  The
applicant or licensee then has the right to request a hearing
before the Administrative Hearing Commission;

(3)  Authorizes the Department of Health to suspend a license
simultaneously with the notice if it finds there is a threat of
imminent bodily harm to the children in care.  The licensee has
the right to appeal the suspension;

(4)  Expands the availability of federal child and adult food
dollars to inspected but license-exempt facilities;

(5)  Requires the notice of parental responsibility that child
care facilities operated by religious organizations must provide
to the parents or guardians of children enrolled in the facility
to include notification that background checks have been
completed on all personnel; and

(6)  Limits the fee for the criminal record review to the actual
costs incurred by the Missouri Highway Patrol in conducting the
review, not to exceed $10.

In addition, under this substitute, owners and operators of
child placing agencies or residential care facilities licensed
pursuant to sections 210.481 to 210.536 can be held civilly
liable for personal injury and property damage incidents
occurring outside of the facility caused by juveniles in their
care.  The state and other political subdivisions are immune
from civil liability regarding such matters.

The substitute also requires applicants for state or federal
funds for providing child care in the home, either through
direct payment or through reimbursement to a child care
beneficiary, and anyone over the age of 14 in the home, to pass
a criminal background and child abuse or neglect check, unless
mitigating circumstances are demonstrated.  A denial of state or
federal child care funds based upon the checks can be appealed.

The substitute also authorizes the Department of Social Services
to revoke the registration of a registered provider for due
cause; to require providers to be at least age 18; to require
providers to install and maintain smoke detectors in the
residence, unless there are local ordinances or regulations
regarding smoke detectors; to require providers to be tested for
tuberculosis; and to make providers aware of local opportunities
for first aid and child care training.  The Department of Health
is authorized to promulgate rules and regulations to implement
the provisions of the substitute.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$98,983 in FY 2000, $100,380 in FY 2001, and $102,965 in FY
2002.  Estimated Net Increase to Criminal Record System Fund of
$143,429 in FY 2000, $57,563 in FY 2001, and $56,155 in FY 2002.

HCS HB 308 -- CHILD CARE FACILITIES

SPONSOR:  Dougherty

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Youth and Families by a vote of 15 to 3.

This substitute makes several changes to the law regarding
licensure of child care facilities.  In its main provisions, the
substitute:

(1)  Authorizes the Department of Health to deny an applicant a
license to operate a child care facility when the applicant
fails to meet the statutory requirements for such operation, or
to revoke or suspend a license when the licensee fails to renew
or surrender the license;

(2)  Requires the Department of Health to notify an applicant or
licensee of any proposed action regarding the license.  The
applicant or licensee then has the right to request a hearing
before the Administrative Hearing Commission;

(3)  Authorizes the Department of Health to suspend a license
simultaneously with the notice if it finds there is a threat of
imminent bodily harm to the children in care.  The licensee has
the right to appeal the suspension;

(4)  Expands the availability of federal child and adult food
dollars to inspected but license-exempt facilities;

(5)  Adds required personnel background check information to the
notice of parental responsibility that child care facilities
operated by religious organizations must provide to the parents
or guardians of children enrolled in the facility; and

(6)  Limits the fee for the criminal record review to the actual
costs incurred by the Missouri Highway Patrol in conducting the
review.

This bill has a penalty provision.

FISCAL NOTE:  No impact on state funds.

PROPONENTS:  Supporters say that this bill is necessary to
protect the safety of children by expanding the ability of the
Department of Health to suspend or deny child care facility
licenses and by requiring license-exempt facilities to obtain
personnel background checks.  Additionally, the bill is needed
to allow more children to receive better nutrition.

Testifying for the bill were Representative Dougherty;
Department of Health; and Immanuel Lutheran Church and School.

OPPONENTS:  There was no opposition voiced to the committee.

Julie Jinkens McNitt, Legislative Analyst

HB 308 -- Child Care Facilities

Sponsor:  Dougherty

This bill makes several changes to the law regarding licensure
of child care facilities.  In its main provisions, the bill:

(1)  Authorizes the Department of Health to deny an applicant a
license to operate a child care facility when the applicant
fails to meet the statutory requirements for such operation, or
to revoke or suspend a license when the licensee fails to renew
or surrender the license;

(2)  Requires the Department of Health to notify an applicant or
licensee of any proposed action regarding the license.  The
applicant or licensee then has the right to request a hearing
before the Administrative Hearing Commission;

(3)  Authorizes the Department of Health to suspend a license
simultaneously with the notice if it finds there is a threat of
imminent bodily harm to the children in care.  The licensee has
the right to appeal the suspension;

(4)  Expands the availability of federal child and adult food
dollars to inspected but license-exempt facilities; and,

(5)  Adds required personnel background check information to the
notice of parental responsibility that child care facilities
operated by religious organizations must provide to the parents
or guardians of children enrolled in the facility.

This bill has a penalty provision.