Legislative Column for Aug. 29, 2019
It might come as a surprise to many young people today, but there was a time when children were raised almost entirely in their own homes. Typically Dad went off to work, while Mom stayed home and managed the house. Little children relied on their mothers for supervision and older kids came home from school to find a parent waiting for them. With few exceptions, those days are long gone.
Today, it’s much more common for both parents to work, or for a child to be raised by a single parent who works outside the home. Often, parents pass their children off to a child care provider on their way to work each morning, and pick them up when their shift is through. Sometimes, children attend large child care centers with a staff of assistants. More often than not, especially in rural Missouri, parents rely on individual providers who care for a few children in their homes.
Most of these in-home child care providers operate under the radar. In the past, a provider could watch up to four children without having to obtain a license from the Missouri Department of Health and Senior Services. In truth, many in-home providers served far more than four children. The state didn’t count children who were related by blood, marriage or adoption, so a caregiver might supervise several grandchildren, nieces and nephews along with four unrelated children and not submit to licensing.
That all changed on Aug. 28, when House Bill 397 became law. Passed during the 2019 legislative session, HB 397 removes the exemption for related children. School-age children (age 5 and up) who live in the home are still exempt, but all other children will count when determining whether a provider should be licensed by the state. The new law does raise the allowable number of children in an unlicensed facility from four to six, but no more than three can be under the age of 2. For licensed facilities, related children will be included when evaluating the facility’s capacity.
The new law also raises the consequences for exceeding the licensing requirements. First-time violations will now be a Class C misdemeanor. Subsequent offenses will be charged as Class A misdemeanors. Penalties have risen, as well. The fine for first-offense violations is now $750. Repeat offenders face fines up to $2,000 per day, not to exceed $10,000.
The new rules are the result of a decade-long effort to reform Missouri’s child care laws. Proponents referred to the measure as “Nathan’s Law,” in honor of a child who died under the care of an unlicensed facility in 2007. The new standards reflect the recommendations of national child care experts and fire safety officials. HB 397, which also includes a number of other provisions relating to children’s health and safety, passed overwhelmingly in the House of Representatives and unanimously in the Senate. Lawmakers supported the measure because they believed the safety of our children should be our highest priority.
Every young parent knows the difficulty of finding safe, reliable and affordable care for their children. It’s one of the most daunting challenges of our modern age. But we can’t sacrifice safety for convenience. The law regarding unlicensed child care facilities has changed in Missouri. I encourage parents and providers alike to become familiar with the new requirements and accept them in the spirit they were intended. For more information about child care facility licensing and regulations, visit health.mo.gov/safety/childcare.
It is my great honor to represent the citizens of the 33rd Senatorial District. Although the Legislature has adjourned for 2019, I remain your senator throughout the year. If there’s anything that I can do to assist you, please feel free to contact my Capitol office at (573) 751-1882.