LOW-WAGE TRAP ELIMINATION ACT

This act, to be known as the "Low-Wage Trap Elimination Act", requires the Children's Division within the Department of Social Services, subject to appropriations, to implement a child care subsidy benefit pilot program in at least one rural county and in at least one urban child care center that serves at least 300 families by January 1, 2013, to be known as the "Hand-Up Program".

The Program will be voluntary, and shall be designed such that a participating recipient will not be faced with a sudden loss of full child care benefits should the recipient's income rise above the maximum allowable monthly income for persons to full receive child care benefits. The recipient shall be permitted to continue to receive such benefits if the recipient pays a premium to be applied only to that portion of the recipient's income above such maximum allowable monthly income for the receipt of child care benefits.

The premium shall be 44 percent of the recipient's excess adjusted gross income over the maximum allowable monthly income for the applicable family size for the receipt of child care benefits. The premium shall be paid on a monthly basis by the participating recipient. The Division shall develop a payroll deduction program in conjunction with the Department of Revenue, and shall promulgate rules for the payment of premiums owed under the Hand-Up Program. Participating recipients who fail to pay the premium owed shall be removed permanently from the Program after 60 days of non-payment. Participating recipients may be eligible to receive child care service benefits at income levels all the way up to the level at which a person's premium equals the value of the child care service benefits received by the recipient.

Only those recipients who currently receive child care benefits as of joining the Program and who had been receiving child care service benefits continuously on or before August 28, 2012, shall be eligible to participate in the Program. Only those recipients who agree to the terms of the Hand-Up Program during a 90 day sign-up period shall be allowed to participate in the Program. A participating recipient shall be allowed to opt out of the Program at any time, but such person shall not be allowed to participate in the program a second time.

The "Hand-Up Program Premium Fund", is created and shall consist of premiums collected under this act. All premiums received under the Program shall be deposited in the fund out of which the cost of administering the hand-up program shall be paid, as well as the necessary payments to the federal government, if required by federal law, and to the state general revenue fund. Child care benefits provided under the Hand-Up Program shall continue to be paid for as under the existing state child care assistance program.

This act contains a three-year sunset provision.

This provision is identical to the perfected version of SB 727 (2012).

HOTLINE CALLS AND INVESTIGATIONS

In a case involving the death or serious injury of a child after a report has been made, the Children's Division shall conduct a preliminary evaluation in order to determine whether a review of the ability of the circuit manager or case worker or workers to perform their duties competently is necessary. Any preliminary evaluation shall be completed no later than three days after the child's death. If the division determines a review and assessment is necessary, it shall be completed no later than three days after the child's death. SECTION 210.135

The Children's Division is also required to review a case when three or more calls regarding the same child are made to the hotline within a 72-hour time period to determine if the calls meet the criteria and statutory definition for a child abuse and neglect report to be accepted. The review shall include contacting the hotline caller or callers to collect information if the calls meet the criteria for harassment. A hotline worker is required to instruct an individual making a hotline call to call 911 when a child may be in immediate danger. SECTION 210.145.4 and 6

These provisions are identical to the perfected version of SB 758 (2012).

HOME VISITS BY CHILDREN'S DIVISION WORKERS

Division workers responding to a child abuse and neglect investigation are prohibited from calling prior to a home visit or leaving a business card, pamphlet, or other similar identifying information at a residence if the worker has a reasonable basis to believe (1) no person is present at the time of home visit and the alleged perpetrator resides in the home or the child's safety may be compromised if the alleged perpetrator becomes aware of the visit; (2) the alleged perpetrator becomes aware of the attempted visit; or (3) the family has a history of domestic violence or fleeing the community.

If the alleged perpetrator is present during the visit, a division worker responding to or investigating a child abuse and neglect report shall provide written material to the alleged perpetrator informing the person of his or her rights regarding the visit, including the right to contact an attorney. The alleged perpetrator shall be given a reasonable amount of time, not to exceed five minutes, to read the material or have the material read to him or her before the visit commences. This requirement shall not apply in a case where the child faces an immediate threat or danger or if the person responding to or investigating a report feels threatened or in danger or physical harm. SECTION 210.145.6

These provisions are identical to the perfected version of SB 758 (2012).

CHILD CARE PROVIDERS

Any child-care facility not exempt from licensure shall disclose the licensure status of the facility to the parents or guardians of children for which the facility provides care. No child care facility exempt from licensure shall represent to any parent or guardian of children for which the facility provides care that the facility is licensed when such facility is in fact not licensed. SECTION 210.211

This act increases the penalty for violations of child care licensure provisions to include a fine of up to two hundred dollars per day, not to exceed a total of ten thousand dollars for subsequent offenses. SECTION 210.245

These provisions are substantially similar to the perfected version of SB 448 (2012).

SAM PRATT'S LAW

This act provides that in any case involving abuse, neglect, or death of a child, any court of competent jurisdiction may impose as a condition of release of a defendant that such defendant be prohibited from providing child care services for compensation pending final disposition of the case. The court shall notify the department of health and senior services and the department of social services when it makes such a determination, as well as the final disposition of the case. SECTION 544.456

These provisions are substantially similar to the perfected version of SB 448 (2012).

ADRIANE CROUSE