FIRST REGULAR SESSION
SENATE COMMITTEE SUBSTITUTE FOR
SENATE BILL NO. 48
91ST GENERAL ASSEMBLY
TERRY L. SPIELER, Secretary.
0178S.04C
AN ACT
To repeal sections 210.900, 210.903, 210.906, 210.909, 210.915, 210.921, 210.927, 210.930 and 210.936, RSMo 2000, relating to dependent care, and to enact in lieu thereof nine new sections relating to the same subject, with penalty provisions.
Section A. Sections 210.900, 210.903, 210.906, 210.909, 210.915, 210.921, 210.927, 210.930 and 210.936, RSMo 2000, are repealed and nine new sections enacted in lieu thereof, to be known as sections 210.900, 210.903, 210.906, 210.909, 210.915, 210.921, 210.927, 210.930 and 210.936, to read as follows:
210.900. 1. Sections 210.900 to 210.936 shall be known and may be cited as the "Family Care Safety Act".
2. As used in sections 210.900 to 210.936, the following terms shall mean:
(1) "Child-care provider", any licensed or license-exempt child-care home, any licensed or license-exempt child-care center, child-placing agency, residential care facility for children, group home, foster family group home, foster family home, employment agency that refers a child-care worker to parents or guardians as defined in section 289.005, RSMo. The term "child-care provider" does not include summer camps or voluntary associations designed primarily for recreational or educational purposes;
(2) "Child-care worker", any person who is employed by a child-care provider, or receives state or federal funds, either by direct payment, reimbursement or voucher payment, as remuneration for child-care services;
(3) "Department", the department of health;
(4) "Elder-care provider", any operator licensed pursuant to chapter 198, RSMo, or any person, corporation, or association who provides in-home services under contract with the department of social services, or any employer of nurses or nursing assistants of home health agencies licensed pursuant to sections 197.400 to 197.477, RSMo, or any nursing assistants employed by a hospice pursuant to sections 197.250 to 197.280, RSMo, or that portion of a hospital for which subdivision (3) of subsection 1 of section 198.012, RSMo, applies;
(5) "Elder-care worker", any person who is employed by an elder-care provider, or who receives state or federal funds, either by direct payment, reimbursement or voucher payment, as remuneration for elder-care services;
(6) "Patrol", the Missouri state highway patrol;
(7) "Personal-care attendant" or "personal-care worker", a person who performs routine tasks as defined in section 178.661, RSMo, necessary for a physically disabled person to enter and maintain employment or to live independently; or
(8) "Personal-care provider", any person, corporation, or association who provides personal care services under contract with the department of mental health;
(9) "Related child care", child care provided only to a child or children by such child's or children's grandparents, great-grandparents, aunts or uncles, or siblings living in a residence separate from the child or children;
[(8)] (10) "Related elder care", care provided only to an elder by an adult child, a spouse, a grandchild, a great-grandchild or a sibling of such elder.
210.903. 1. To protect children [and], the elderly, and disabled individuals in this state, and to promote family and community safety by providing information concerning family caregivers, there is hereby established within the department of health a "Family Care Safety Registry and Access Line" which shall be available by January 1, 2001.
2. The family care safety registry shall contain information on child-care workers' [and], elder-care workers', and personal-care workers' background and on child-care, [and] elder-care and personal-care providers through:
(1) The patrol's criminal record check system pursuant to section 43.540, RSMo, including state and national information, to the extent possible;
(2) Probable cause findings of abuse and neglect pursuant to sections 210.109 to 210.183 or financial exploitation of the elderly or disabled, pursuant to section 570.145, RSMo;
(3) The division of aging's employee disqualification list pursuant to section 660.315, RSMo, or the abuse and neglect registry pursuant to sections 660.250 to 660.295, RSMo;
(4) Records provided by the department of mental health regarding employees disqualified pursuant to section 630.170, RSMo;
(5) Foster parent licensure denials, revocations and involuntary suspensions pursuant to section 210.496;
[(5)] (6) Child-care facility license denials, revocations and suspensions pursuant to sections 210.201 to 210.259; and
[(6)] (7) Residential living facility and nursing home license denials, revocations, suspensions and probationary status pursuant to chapter 198, RSMo.
210.906. 1. Every child-care [worker and], elder-care or personal-care worker hired on or after January 1, 2001, shall complete a registration form provided by the department. The department shall make such forms available no later than January 1, 2001, and may, by rule, determine the specific content of such form, but every form shall:
(1) Request the valid Social Security number of the applicant;
(2) Include information on the person's right to appeal the information contained in the registry pursuant to section 210.912;
(3) Contain the signed consent of the applicant for the background checks required pursuant to this section; and
(4) Contain the signed consent for the release of information contained in the background check for employment purposes only.
2. Any person hired on or after January 1, 2001, shall complete a registration form within fifteen days of the beginning of such person's employment. Any person employed as a child-care [worker or], elder-care or personal-care worker who fails to submit a completed registration form to the department of health as required by sections 210.900 to 210.936 and any employer who fails to confirm an employee's registration without good cause, as determined by the department, is guilty of a class B misdemeanor.
3. The costs of the criminal background check may be paid by the individual applicant, or by the provider if the applicant is so employed, or for those applicants receiving public assistance, by the state through the terms of the self-sufficiency pact pursuant to section 208.325, RSMo. Any moneys remitted to the patrol for the costs of the criminal background check shall be deposited to the credit of the criminal record system fund as required by section 43.530, RSMo.
4. Any person not required to register pursuant to the provisions of sections 210.900 to 210.936 may also be included in the registry if such person voluntarily applies to the department for registration and meets the requirements of this section and section 210.909, including submitting to the background checks in subsection 1 of section 210.909.
5. The provisions of sections 210.900 to 210.936 shall not extend to related child care [and], related elder care or related personal-care.
210.909. 1. Upon submission of a completed registration form by a child-care worker [or], elder-care worker or personal-care attendant, the department, [in coordination with the department of social services,] shall:
(1) Determine if a probable cause finding of child abuse or neglect involving the applicant has been recorded pursuant to [section 210.145] sections 210.109 to 210.183 or if there is a probable cause finding of financial exploitation of the elderly or disabled pursuant to section 570.145, RSMo;
(2) Determine if the applicant has been refused licensure or has experienced involuntary licensure suspension or revocation pursuant to section 210.496;
(3) Determine if the applicant has been placed on the employee disqualification list pursuant to section 660.315, RSMo, or the abuse and neglect registry pursuant to sections 660.250 to 660.295, RSMo;
(4) Determine if the applicant has been disqualified for employment pursuant to section 630.170, RSMo;
[(4)] (5) Determine through a request to the patrol pursuant to section 43.540, RSMo, whether the applicant has any conviction, plea of guilty or nolo contendere, or a suspended execution of sentence to a felony charge of any offense pursuant to chapters 198, 334, 560, 565, 566, 568, 569, 573, 575 and 578, RSMo; and
[(5)] (6) If the background check involves a provider, determine if a facility has been refused licensure or has experienced licensure suspension, revocation or probationary status pursuant to sections 210.201 to 210.259 or chapter 198, RSMo.
2. Upon completion of the background check described in subsection 1 of this section, the department shall include information in the registry for each registrant as to whether any felony convictions, employee disqualification listings, [pursuant to section 660.315, RSMo,] registry listings, probable cause findings, pleas of guilty or nolo contendere, or license denial, revocation or suspension have been documented through the records checks authorized pursuant to the provisions of sections 210.900 to 210.936.
3. The department shall notify such registrant in writing of the results of the determination recorded on the registry pursuant to this section.
210.915. The department of corrections, the department of public safety [and], the department of social services and the department of mental health shall collaborate with the department to compare records on child-care [and], elder-care and personal-care workers, and the records of persons with criminal convictions and the background checks pursuant to subdivisions (1) to (6) of subsection 2 of section 210.903, and to enter into any interagency agreements necessary to facilitate the receipt of such information and the ongoing updating of such information. The department[, in coordination with the department of social services,] shall promulgate rules and regulations concerning such updating, including subsequent background reviews as listed in subsection 1 of section 210.909.
210.921. 1. The department shall not provide any registry information pursuant to this section unless the department obtains [by asking for] the name and address of the person calling, and determines that the inquiry is for employment purposes only. For purposes of sections 210.900 to 210.936, "employment purposes" includes direct employer-employee relationships, prospective employer-employee relationships, and screening and interviewing of persons or facilities by those persons contemplating the placement of an individual in a [child-or] child-care, elder-care or personal-care setting. Disclosure of background information concerning a given applicant recorded by the department in the registry shall be limited to:
(1) Confirming whether the individual is listed in the registry; and
(2) Indicating whether the individual has been listed or named in any of the background checks listed in subsection 2 of section 210.903. If such individual has been so listed, the department of health shall only disclose the name of the background check in which the individual has been identified. Any specific information related to such background check shall only be disclosed after the department has received a signed request from the person calling, with the person's name, address and reason for requesting the information.
2. Any person requesting registry information shall be informed that the registry information provided pursuant to this section consists only of information relative to the state of Missouri and does not include information from other states or information that may be available from other states.
3. Any person who uses the information obtained from the registry for any purpose other than that specifically provided for in sections 210.900 to 210.936 is guilty of a class B misdemeanor.
4. When any registry information is disclosed pursuant to subdivision (2) of subsection 1 of this section, the department shall notify the registrant of the name and address of the person making the inquiry.
5. The department of health staff providing information pursuant to sections 210.900 to 210.936 shall have immunity from any liability, civil or criminal, that otherwise might result by reason of such actions; provided, however, any department of health staff person who releases registry information in bad faith or with ill intent shall not have immunity from any liability, civil or criminal. Any such person shall have the same immunity with respect to participation in any judicial proceeding resulting from the release of registry information. The department is prohibited from selling the registry or any portion of the registry for any purpose including "employment purposes" as defined in subsection 1 of this section.
210.927. The department of health shall make an annual report, no later than July first of each year, to the speaker of the house of representatives and the president pro tem of the senate on the operation of the family care safety registry and toll-free telephone service, including data on the number of information requests received from the public, identification of any barriers encountered in administering the provisions of sections 210.900 to 210.936, recommendations for removing or minimizing the barriers so identified, and any recommendations for improving the delivery of information on child-care [workers and], elder-care and personal-care workers to the public.
210.930. By January 1, 2001, the department shall provide a report to the speaker of the house and president pro tem of the senate with recommendations on:
(1) Ensuring that thorough background checks are conducted on all providers pursuant to sections 210.900 to 210.936 without duplicating background checks that are required or have been conducted pursuant to other provisions in state law;
(2) Ensuring that data obtained from background checks which are currently available or may be required by law after August 28, 1999, are included in the registry;
(3) The feasibility of transferring the responsibility of conducting background checks on providers to the registry;
(4) [Providing information and access to the registry for personal care attendants for the disabled;
(5)] Including a national screening process on a voluntary and mandatory basis within the registry; and
[(6)] (5) Effecting Internet access to the registry.
210.936. For purposes of providing background information pursuant to sections 210.900 to 210.936, reports and related information pursuant to sections 198.070 and 198.090, RSMo, sections 210.109 to 210.183, section 630.170 and sections 660.300 to 660.315, RSMo, shall be deemed public records.