SB 925 - This act modifies several provisions relating to child care facilities, including: (1) definitions; (2) non-expiring licenses; and (3) background checks.DEFINITIONS (Sections 210.201, 210.211, 210.252, 210.254, and 210.1080)
This act defines "child care" for the purpose of child care facility licensure as the care of a child away from his or her own home for any part of the 24-hour day for compensation or otherwise. "Child care" is a voluntary supplement to parental responsibility for the child's protection, development, and supervision. A "child-care facility" shall be a house or other place conducted or maintained by any person who advertises or holds himself or herself out as providing child care for more than six children or for more than three children under two years of age, for any part of the 24-hour day, for compensation or otherwise.
Further, this act modifies the list of license-exempt child care facilities in current law by moving entities previously listed in the current definition of a "child-care facility" to said list and adds other exemptions, including Montessori schools and neighborhood youth programs.
NON-EXPIRING LICENSES (Section 210.221)
Currently, child-care facility licenses may be granted for up to two years and are subject to renewal upon expiration. This act repeals this provision.
BACKGROUND CHECKS (Sections 210.025 and 210.1080)
This act modifies the definition of a "child care staff member" to include individuals residing in a family child care home who are 17 years or older prior to January 1, 2021, or 18 years or older on or after January 1, 2021, or those less than 17 years old prior to January 1, 2021, or less than 18 years old on or after January 1, 2021, who have been certified as an adult for the commission of a crime.
This act requires the child care provider, prior to the employment or presence of a child care staff member in a license-exempt child care facility or an unlicensed, registered child care facility, to request the results of a criminal background check from the Department of Social Services and, prior to employment or presence in a licensed child care facility, to request a similar check from the Department of Health and Senior Services. If the staff member is listed as a perpetrator of child abuse or neglect or has pled guilty or nolo contendere to one of a list of specified offenses, then that staff member shall be ineligible for employment or presence at the child care facility and shall be disqualified from receipt of state or federal funds for providing child care. Household members in a family child care home who would be ineligible for presence in the home under this act shall not maintain a presence in the licensed family child care home during child care hours. A child care provider may be disqualified from receipt of state or federal child care funds if such person, residing in the home where such child care is being provided, has been refused licensure or has experienced licensure suspension or revocation.
A child care staff member or prospective child care staff member may appeal a finding of ineligibility to the Department that made the determination. If the finding of ineligibility was based on an offense from a specified list, then only the accuracy or completeness of the information in the background check may be appealed. If the finding of ineligibility was based on any other offense not contained in the list, the appeal may challenge accuracy or completeness, as well as offer mitigating information to seek an eligibility exception. The appeal shall be filed with the Department within 10 days from the mailing of the notice of ineligibility. The department receiving the appeal shall forward the appeal to the Child Care Background Screening Review Committee, consisting of the directors of the Departments of Health and Senior Services and Social Services, or their designees, for a final decision. Such decision shall be considered a non-contested final agency decision under state law.
This act repeals provisions of current law regarding criminal background checks performed by the Children's Division for certain child care providers.
This act is substantially similar to provisions in the truly agreed to and finally passed SS/SCS/HCS/HB 1414 (2020).
SARAH HASKINS