SB 336 - This act modifies the laws regarding licensing child care facilities in several ways. First, the requirement to have a child care facility license shall not apply to any person caring for six or fewer related or unrelated children, including a maximum of three children under age two, at the same physical address. Children who live in the caregiver's home and who are eligible for enrollment in a public kindergarten, elementary, or high school shall not be included in the total. Additionally, this act increases the criminal penalties for persons who violate the child care licensure statutes from an infraction with fine not to exceed two hundred dollars for the first offense to a Class C misdemeanor and a fine not to exceed seven hundred fifty dollars and from a Class A misdemeanor and a fine of up to two hundred dollars per day for subsequent offenses to a Class A misdemeanor and a fine of up to two thousand dollars per day.
The Department of Health and Senior Services may file suit for injunctive relief for cases of imminent bodily harm to a child in the care of an unlicensed, nonexempt child care facility. The Department shall not be subject to liability for failing to file suit under this provision.
This act creates a civil penalty, enforceable by the Department, for any person who operates an unlicensed, nonexempt child care facility. The Department shall send a written notice to such person of the Department's findings, along with educational materials about child care facility laws and the ways to become compliant with such laws, including attaining exempt status or becoming licensed. The person shall have 30 days to become compliant and if such person fails to do so, he or she shall be liable for a civil penalty of not less than $750 and not more than $2,000. The Department, or the Attorney General on the Department's behalf, may bring a civil action in Cole County against such person. The Department shall not be subject to liability for failing to file suit under this provision.
Finally, this act creates the "Family Child Care Provider Fund", which shall consist of appropriated funds. The Fund shall be used by the Department for the dissemination of information concerning compliance with child care facility laws, educational initiatives, and the provision of financial assistance, based on need as determined by the Department and available funds, for family child care homes to become licensed.
This act is identical to provisions in the truly agreed to and finally passed CCS/SS/SCS/HCS/HB 397 (2019) and similar to SB 712 (2018), SCS/SB 115 (2017), SB 850 (2016), SB 482 (2015), and HB 2097 (2014).
SARAH HASKINS