To repeal sections 43.540, 210.150, 210.245 and 610.120, RSMo 1994, and section 210.221, RSMo Supp. 1995, relating to the care or supervision of children, and to enact in lieu thereof fifteen new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 43.540, 210.150, 210.245 and 610.120, RSMo 1994, and section 210.221, RSMo Supp. 1995, are repealed and fifteen new sections enacted in lieu thereof to be known as sections 43.540, 210.150, 210.221, 210.245, 210.301, 210.303, 210.305, 210.307, 210.309, 210.311, 210.312, 210.314, 210.317, 210.319 and 610.120, to read as follows:

43.540. 1. As used in this section, the following terms mean:

(1) Criminal record review , a request to the highway patrol for information concerning any criminal history record for a felony or misdemeanor;

(2) Patrol , the Missouri state highway patrol;

(3) Provider , any licensed day care home, licensed day care center, licensed child placing agency, licensed residential care facility for children, licensed group home, licensed foster family group home, [or] licensed foster family home, or employment agency that refers a child care worker to parents or guardians as defined in subdivision (5) of section 289.005, RSMo;

(4) Youth services agency , any public or private agency, school, or association which provides programs, care or treatment for or which exercises supervision over minors.

2. Upon receipt of a written request from a youth service agency or a provider, with the written consent of the applicant or a copy of the application for employment signed by the person who is the subject of the request, the highway patrol shall conduct a criminal record review of an applicant for a paid or voluntary position with the agency or provider if such position would place the applicant in direct contact with minors.

3. Any request for information made pursuant to the provisions of this section shall be on a form provided by the highway patrol and shall be signed by the person who is the subject of the request or accompanied by a copy of the application for employment signed by the person who is the subject of the request.

4. The patrol shall respond in writing to the youth service agency or provider making a request for information under this section and shall inform such youth service agency or provider of the nature of the offense, and the date, place and court of disposition. Notwithstanding any other provision of law to the contrary, the youth service agency or provider making such request shall have access to all records of arrests resulting in an adjudication where the applicant was found guilty or entered a plea of guilty or nolo contendere in a prosecution under [sections 566.010 to 566.141, RSMo, or] chapters 566, 568 or 573, RSMo, or for a class A misdemeanor or a felony, or under the laws of any state or the United States for offenses described in [sections 566.010 to 566.141, RSMo] chapters 556, 568 or 573, RSMo, or for any felony, and during the period of any probation imposed by the sentencing court.

5. Any information received by a provider or a youth services agency under this section shall be used solely for the [providers] provider s or youth service [agencies ] agency s internal purposes in determining the suitability of an applicant or volunteer. The information shall be confidential and any person who discloses the information beyond the scope allowed in this section [shall be subject to] is guilty of a class A misdemeanor. The patrol shall inform, in writing, the provider or youth services agency of the requirements of this subsection and the penalties therein at the time it releases any information under this section.

6. Any application described in subsections 2 and 3 of this section shall contain language on a prominent part of the application which states that by signing the application, the applicant is consenting to a criminal record review to be conducted by the state highway patrol. In the alternative, separate written information may be provided to the applicant, before the application is signed, which clearly informs the applicant that by signing the application, the applicant is consenting to a criminal record review.

7. In addition to the provisions of subsection 6, the provider or youth agency shall provide written information to the applicant before the applicant signs the application, which describes the information obtainable and the process involved in conducting a criminal record review. The department of health and the department of social services may jointly promulgate rules in accordance with chapter 536, RSMo, relating to the preparation of written information pursuant to this subsection.

210.150. 1. The division of family services shall ensure the confidentiality of all reports and records made pursuant to sections 210.109 to 210.183 and maintained by the division, its local offices, the central registry, and other appropriate persons, officials, and institutions pursuant to sections 210.109 to 210.183. To protect the rights of the family and the child named in the report as a victim, the division of family services shall establish guidelines which will ensure that any disclosure of information concerning the abuse and neglect involving that child is made only to persons or agencies that have a right to such information. The division may require persons to make written requests for access to records maintained by the division. The division shall only release information to persons who have a right to such information. The division shall notify persons receiving information pursuant to subdivisions (2), (7), (8) and (9) of subsection 2 of this section of the purpose for which the information is released and of the penalties for unauthorized dissemination of information. Such information shall be used only for the purpose for which the information is released.

2. Only the following persons shall have access to investigation records contained in the central registry:

(1) Appropriate federal, state or local criminal justice agency personnel, or any agent of such entity, with a need for such information under the law to protect children from abuse or neglect;

(2) A physician or a designated agent who reasonably believes that the child being examined may be abused or neglected;

(3) Appropriate staff of the division and of its local offices, including interdisciplinary teams which are formed to assist the division in investigation, evaluation and treatment of child abuse and neglect cases or a multidisciplinary provider of professional treatment services for a child referred to the provider;

(4) Any child named in the report as a victim, or a legal representative, or the parent, if not the alleged perpetrator, or guardian of such person when such person is a minor, or is mentally ill or otherwise incompetent, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. The division shall provide a method for confirming or certifying that a designee is acting on behalf of a subject;

(5) Any alleged perpetrator named in the report, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. However, the investigation reports will not be released to any alleged perpetrator with pending criminal charges arising out of the facts and circumstances named in the investigation records until an indictment is returned or an information filed;

(6) A grand jury, juvenile officer, prosecuting attorney, law enforcement officer involved in the investigation of child abuse or neglect, juvenile court or other court conducting abuse or neglect or child protective proceedings, and other federal, state and local government entities, or any agent of such entity, with a need for such information in order to carry out its responsibilities under the law to protect children from abuse or neglect;

(7) Any person engaged in a bona fide research purpose, with the permission of the director; provided, however, that no information identifying the child named in the report as a victim or the reporters shall be made available to the researcher, unless the identifying information is essential to the research or evaluation and the child named in the report as a victim or, if the child is less than eighteen years of age, through the child s parent, or guardian provides written permission;

(8) Any child care facility; child placing agency; residential care facility, including group homes; juvenile courts; public or private elementary schools; public or private secondary schools; or any other public or private agency exercising temporary supervision over a child or providing or having care or custody of a child who [may] shall request an examination of the central registry from the division for all employees and volunteers or prospective employees and volunteers, who do or will provide services or care to children. Any agency or business recognized by the division of family services or business which provides training and places or recommends people for employment or for volunteers in positions where they will provide services or care to children [may] shall request the division to provide an examination of the central registry. Such agency or business shall provide verification of its status as a recognized agency. Requests for examinations shall be made to the division director or the director s designee in writing by the chief administrative officer of the above homes, centers, public and private elementary schools, public and private secondary schools, agencies, or courts. The division shall respond in writing to that officer. The response shall include information pertaining to the nature and disposition of any report or reports of abuse or neglect revealed by the examination of the central registry. This response shall not include any identifying information regarding any person other than the alleged perpetrator of the abuse or neglect;

(9) Any person who inquires about a child abuse or neglect report involving a specific child care facility, child placing agency, residential care facility, public and private elementary schools, public and private secondary schools, juvenile court or other state agency. The information available to these persons is limited to the nature and disposition of any report contained in the central registry and shall not include any identifying information pertaining to any person mentioned in the report;

(10) Any state agency acting pursuant to statutes regarding a license of any person, institution, or agency which provides care for or services to children;

(11) Any child fatality review panel established pursuant to section 210.192 or any state child fatality review panel established pursuant to section 210.195.

3. Only the following persons shall have access to records maintained by the division pursuant to section 210.152 for which the division has received a report of child abuse and neglect and which the division has determined that there is insufficient evidence or in which the division proceeded with the family assessment and services approach:

(1) Appropriate staff of the division;

(2) Any child named in the report as a victim, or a legal representative, or the parent or guardian of such person when such person is a minor, or is mentally ill or otherwise incompetent. The names or other identifying information of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. The division shall provide for a method for confirming or certifying that a designee is acting on behalf of a subject;

(3) Any alleged perpetrator named in the report, but the names of reporters shall not be furnished to persons in this category. Prior to the release of any identifying information, the division of family services shall determine if the release of such identifying information may place a person s life or safety in danger. If the division makes the determination that a person s life or safety may be in danger, the identifying information shall not be released. However, the investigation reports will not be released to any alleged perpetrator with pending criminal charges arising out of the facts and circumstances named in the investigation records until an indictment is returned or an information filed;

(4) Any child fatality review panel established pursuant to section 210.192 or any state child fatality review panel established pursuant to section 210.195;

(5) Appropriate criminal justice agency personnel or juvenile officer;

(6) Multidisciplinary agency or individual including a physician or physician s designee who is providing services to the child or family, with the consent of the parent or guardian of the child or legal representative of the child;

(7) Any person engaged in bona fide research purpose, with the permission of the director; provided, however, that no information identifying the subjects of the reports or the reporters shall be made available to the researcher, unless the identifying information is essential to the research or evaluation and the subject, or if a child, through the child s parent or guardian, provides written permission.

4. After a period of not less than one year following a finding by the division, any person who is the subject of a report where there is insufficient evidence of abuse or neglect may petition the circuit court to order the records removed from the division and destroyed. The division shall be named as respondent. Venue shall be in the county where the person resides, or in circuits with split venue in the venue in which the alleged perpetrator resides. If the alleged perpetrator is not a resident of the state, proper venue shall be in Cole County, naming the division of family services as respondent.

5. Any person who knowingly violates the provisions of this section, or who permits or encourages the unauthorized dissemination of information contained in the information system or the central registry and in reports and records made pursuant to sections 210.109 to 210.183, shall be guilty of a class A misdemeanor.

210.221. 1. The department of health shall have the following powers and duties:

(1) After inspection, to grant licenses to persons to operate child care facilities if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children, and to renew the same when expired. No license shall be granted for a term exceeding two years. Each license shall specify the kind of child care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages and sex;

(2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility, inspect their books and records, premises and children being served, examine their officers and agents, and suspend or revoke the license of such persons as fail to obey the provisions of sections 210.201 to 210.245, 210.301 to 210.319, or the rules and regulations made by the department of health;

(3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children. No rule or regulation promulgated by the division shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed; and

(4) To determine what records shall be kept by such persons and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

2. Any child care facility may request a variance from a rule or regulation promulgated pursuant to this section. The request for a variance shall be made in writing to the department of health and shall include the reasons the facility is requesting the variance. The department shall approve any variance request that does not endanger the health or safety of the children served by the facility. The burden of proof at any appeal of a disapproval of a variance application shall be with the department of health. Local inspectors may grant a variance, subject to approval by the department of health.

3. No rule or portion of a rule promulgated under the authority of sections 210.201 to 210.245 shall become effective unless it has been promulgated pursuant to the provisions of section 536.024, RSMo.

210.245. 1. Any person who violates any provision of sections 210.201 to 210.245, 210.310 to 210.319, or who for himself or for any other person makes materially false statements in order to obtain a license or the renewal thereof under sections 210.201 to 210.245, or 210.310 to 210.319, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses. In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

2. In addition to initiating proceedings under subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child care facility is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child care facility for violating any provision of sections 210.201 to 210.245, or 210.310 to 210.319. The order shall remain in force until such a time as the court determines that the child care facility is in substantial compliance. If the prosecuting attorney refuses to act or fails to act within thirty days of receipt of notice from the department of health, the department of health may request that the attorney general seek an injunction of the operation of such child care facility.

3. In cases of imminent bodily harm to children in the care of a child care facility, the department may file suit in the circuit court of the county in which the child care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility.

210.301. 1. As used in sections 210.301 to 210.319 of this act, the following terms mean:

(1) Careline applicant , a person who:

(a) Has voluntarily submitted the information required to determine the person s eligibility for entry in the careline registry; and

(b) Is employed by a provider, as defined in subdivision (3) of subsection 1 or any youth services agency as defined in subdivision (4) of subsection 1 of section 43.540, RSMo;

(2) Central repository , shall have the same meaning as in subdivision (1) of section 43.500, RSMo;

(3) Child , any person, regardless of physical or mental condition, under eighteen years of age;

(4) Criminal history record information , shall have the same meaning as defined in subdivision (3) of section 43.500, RSMo;

(5) Criminal record review , shall have the same meaning as defined in subdivision (1) of subsection 1 of section 43.540, RSMo;

(6) Department , the department of health;

(7) Patrol , the Missouri state highway patrol;

(8) Registered careline provider , a careline applicant who has met the provisions of this act.

2. A careline registry and hotline is hereby established in the department for the purpose of protection of children. The careline registry shall be used for voluntary registration of child care providers. Any person who submits to the department a completed careline application supplied by the department and two sets of fingerprints, as described in subsections 1 and 2 of section 210.303 of this act shall be known as a careline applicant and the department shall enter in the careline registry the person s name, identification card number and an indicator that the person has submitted the application and fingerprints. The department shall coordinate with the department of social services to conduct a search of the central registry, established under section 210.145, to determine if the applicant has been reported for child abuse or neglect.

3. Notwithstanding any other provision of law to the contrary, a prospective careline applicant may initiate a criminal record review pursuant to subdivision (1) of subsection 1 of section 43.540, RSMo, if the applicant possesses any one of the following identification cards:

(1) A valid Missouri driver s license;

(2) A valid identification card issued by the state department of revenue;

(3) A valid alien registration card; or

(4) A valid numbered photo identification card issued by an agency of the state in which the applicant last resided.

210.303. 1. In order to initiate a criminal record review, each careline applicant shall obtain two sets of fingerprints from a law enforcement agency or other local agency authorized by the patrol to take fingerprints on standard forms supplied by the patrol. The agency taking the fingerprints shall inscribe the serial number from the identification card described in subsection 3 of section 210.301 of this act and provide any other information required by the patrol on the standard form. The law enforcement agency or other local agency authorized to take fingerprints may charge a reasonable fee to offset the costs of fingerprinting for the purposes of this section.

2. The careline applicant shall submit the fingerprints to the department, accompanied by a copy of the completed careline application and a money order or check payable to the state of Missouri to cover the fees for the required searches. Fees for a criminal record review shall not exceed the fees in section 43.530, RSMo. Each request shall be limited to one individual.

3. If warranted, the patrol shall forward the second set of fingerprints to the Federal Bureau of Investigation, Identification Division, for searching of the federal criminal history files. All payments received by the patrol for purposes of criminal record reviews shall be transmitted to the department of revenue for deposit in the state treasury to the credit of the criminal record system fund as required under section 43.530, RSMo.

4. Upon completion of the review, the department shall consider and determine whether the careline applicant shall be granted or denied inclusion in the careline registry. If no reported information is found which would disqualify the applicant as a child care provider, the department shall enter that finding in the person s record in the careline registry and shall notify the person of the action. This person shall be known as a registered careline provider.

5. A careline applicant or registered careline provider shall not be registered if, in any of the searches or in any report that is received by the department subsequent to those searches, any of the following information is found:

(1) The person has been convicted of a crime relevant to the person s occupation as a child care provider or there is substantiated information that the person has committed child abuse or neglect;

(2) The person has furnished or made any misleading or false statement or report of a material fact or practiced or attempted to practice any fraud or deception in the person s application or reports to the department; or

(3) The review discloses conduct which demonstrates that initial or continuing registration of the person would be adverse to the health and safety of children in this state.

6. The department shall notify any such person in writing of the determination that he or she is disqualified from inclusion and records concerning the person shall be removed from the careline registry immediately.

7. If the department denies inclusion in the careline registry pursuant to subsection 5 of this section, its written notification also shall advise the person of the right to appeal the denial. Upon receipt of an appeal filed in writing at the office of the director within thirty days of the receipt of the notification, an administrative hearing shall be set for the appeal. The hearing shall be conducted in accordance with procedures and timelines to be established by rules promulgated by the department, pursuant to the provisions of section 536.024, RSMo. If the appeal is decided in favor of the disqualified person, the records shall be restored in the careline registry along with a copy of the hearing decision. If the appeal is decided against the disqualified person, that person may seek judicial review of such decision pursuant to sections 536.100 to 536.150, RSMo.

210.305. 1. The department shall require registered careline providers to renew their registration periodically in accordance with rules and regulations promulgated by the department. Registered careline providers may be charged a reasonable fee for renewal of their registration, which shall be transmitted to the department of revenue for deposit in the general revenue fund.

2. The department, in coordination with the department of social services, shall compare the list of registered careline providers against the central registry, established under section 210.143, RSMo, on a quarterly basis. The department shall review the information reported from this comparison to determine if a currently registered careline provider should be disqualified. The department of health and the department of social services may enter into an interagency agreement to determine procedures and financing of the provision and updating of information for comparison of the careline registry with the central registry, and for searches of the central registry performed under subsection 2 of section 210.301.

3. The patrol and the department may enter into an interagency agreement to determine procedures and financing of the provision and continual updating of information on criminal convictions to the careline registry pursuant to the actions required in subsections 2 to 6 of section 210.303 of this act.

210.307. Notwithstanding any provision of law to the contrary, state officials or employees shall not be liable for any damages caused by their conduct in connection with a criminal record review pursuant to sections 210.301 to 210.319 of this act except for intentional acts or gross negligence.

210.309. The department shall:

(1) Establish and maintain a careline hotline service, which may be toll-free, to allow parents and guardians, employment agencies, child care referral groups and registries, child care programs that do not receive state subsidies and are exempt from state licensing laws and others to determine if a child care provider is a careline applicant or a registered careline provider;

(2) Develop a statewide promotion plan for the purposes of publicizing the existence, benefits, and methods of accessing the careline hotline for both parents and child care providers, and distribute careline applications statewide;

(3) Collect data for the purposes of evaluations conducted under section 210.319 of this act;

(4) Accept other public and private financial support for the careline registry and careline hotline;

(5) Ensure that criminal record review and central registry information is continually maintained and updated in the careline registry; and

(6) Ensure that information obtained from the department under sections 210.301 to 210.319 of this act shall be confidential and may be disseminated only to the person who is the subject of the criminal record review and to the participants in a hiring or approval process upon written request from the careline applicant or registered careline provider. Information obtained from the department under this act shall not be used for any purpose other than that for which it was disseminated.

210.311. It shall be a class B misdemeanor for a person to falsely represent or present oneself as a careline applicant or a registered careline provider.

210.312. It shall be a class B misdemeanor for a person to fail to disclose in a careline application a conviction for a criminal offense or the existence of substantiated information that the person has committed child abuse or neglect.

210.314. 1. As used in this section:

(1) Child care agency shall mean providers and youth service agencies as defined in section 43.540, exercising temporary supervision over a child or providing or having care or custody of child;

(2) Child care worker , shall include providers and youth services agencies as defined in section 43.540, who are assigned to provide or assist with the care or treatment for or supervision over minors;

(3) Criminal history , shall include any conviction or a plea of guilty to a misdemeanor or felony charge and shall also include any suspended imposition of sentence or a suspended execution of sentence.

2. (1) Except as provided in subdivision (2) of this subsection, beginning August 28, 1996, any applicant for the position of child care worker or other employee at a child care agency where such person would have direct contact with minors shall be a registered careline provider, as defined in section 210.301, shall provide documentation to establish that the person is a careline applicant as defined in section 210.301, or shall, prior to employment by a child care agency, disclose to the administrators of the child care agency the applicant s criminal history, whether the applicant has been reported for abuse or neglect pursuant to section 198.070, RSMo, whether the applicant is listed in the central registry as provided in section 198.032, RSMo, and whether the applicant is listed on the employee disqualification list for in-house service clients as provided in section 660.315, RSMo.

(2) Any person employed by a child care agency on August 28, 1996, shall be a registered careline provider, as defined in section 210.301, or shall disclose to the administrators of the child care agency by October 1, 1996, the person s criminal history, whether the person has been reported for abuse or neglect pursuant to section 198.070, RSMo, whether the person is listed in the central registry as provided in section 198.032, RSMo, and whether the person is listed on the employee disqualification list for in-house service clients as provided in section 660.315, RSMo.

3. (1) Within three business days from the date a person is employed as a child care worker for a position where such person would have direct contact with minors, a person who operates or administers a child care agency shall:

(a) Contact the careline hotline service established and maintained by the department of social services, pursuant to section 210.309, to determine whether such person is a registered careline provider; or

(b) Apply for a copy of the person s criminal history from the Missouri highway patrol pursuant to section 43.540, and shall inquire whether the person has been reported for abuse or neglect pursuant to section 198.070, RSMo, whether the person is listed in the central registry as provided in section 198.032, RSMo, whether the person is listed in the employee disqualification list for in-house service clients as provided in section 660.315, RSMo, or with any other source allowed by law.

(2) A child care provider shall disclose to the parent or guardian of a child, before the child is placed under the temporary supervision of the child care provider, in the care and custody of the child care provider or, if the child care provider is an employment agency as defined in subdivision (5) of section 289.005, RSMo, before making a placement of a child care worker:

(a) Factual information about the careline program and registry; and

(b) Whether the provider or child care worker is or is not either a careline applicant or a registered careline provider.

4. (1) A person who operates or administers a child care agency is responsible for the payment of any fees required to process criminal history reports or other information required under subsections 2 through 5 of this section where the applicant is not a registered careline provider.

(2) A child care agency may require a person who applies to the child care agency for employment as a child care worker or other employee for a position with the child care agency where such person would have direct contact with minors to pay the cost of fees described in subdivision (1) to the child care agency at the time the person submits an application for employment or to reimburse the child care agency for the cost of fees described in subdivision (1).

5. A person, other than a person denied employment or dismissed under this chapter who in good faith denies employment to an individual or dismisses an individual from employment under this chapter, who testifies or participates in an investigation or an administrative or a judicial proceeding arising from this chapter, or who makes a report for the purposes of abuse or neglect pursuant to section 198.070, RSMo, the central registry as provided in section 198.032, RSMo, or the employee disqualification list for in-house service clients as provided in section 660.315, RSMo, is immune from both civil and criminal liability arising from those actions.

6. Each child care agency shall maintain a personnel record for each child care worker or other employees of the child care agency that includes the child care worker s or other employee s criminal history and other information required by this section. The personnel records of each facility shall be available for inspection by the department of social services, the department of health, the prosecuting attorney of the county where the child care agency is located, and the attorney general, as provided in section 210.245 to assure compliance with this section.

210.317. The department shall, in consultation with representatives of private industry, parents, child care resource and referral agencies and the pediatric health sector, review recommendations concerning the operation of the careline registry and telephone service.

210.319. 1. The department shall use a competitive process to select and contract with an independent consultant for the purpose of evaluating the careline. The evaluation shall at a minimum address the following:

(1) The extent to which the careline s registration system identifies persons seeking child care employment who have a reported criminal conviction or about whom there is substantiated child abuse information;

(2) The level of participation by parents, guardians and child care providers;

(3) The total public cost for investigation, registration or denial of registration per applicant; and

(4) Obstacles to maximizing the benefits of the careline registry.

2. The department shall develop a schedule for transmitting periodic evaluation reports to the general assembly, beginning on or before September thirtieth of the second calendar year in which the program established by this act is in operation. The final report shall be submitted to the general assembly on or before January first of the fifth year in which the program is in operation.

610.120. 1. Records required to be closed shall not be destroyed; they shall be inaccessible to the general public and to all persons other than the defendant except as provided in this section and section 43.507, RSMo, and sections 210.301 to 210.319. They shall be available to the sentencing advisory commission created in section 558.019, RSMo, for the purpose of studying sentencing practices, and only to courts, law enforcement agencies, child care agencies, department of revenue for driving record purposes, facilities as defined in section 198.006, RSMo, in-home services provider agencies as defined in section 660.250, RSMo, the division of workers compensation for the purposes of determining eligibility for crime victims compensation pursuant to sections 595.010 to 595.075, RSMo, and federal agencies for purposes of prosecution, sentencing, parole consideration, criminal justice employment, child care employment, nursing home employment and to federal agencies for such investigative purposes as authorized by law or presidential executive order. These records shall be made available for the above purposes regardless of any previous statutory provision which had closed such records to certain agencies or for certain purposes. All records which are closed records shall be removed from the records of the courts, administrative agencies, and law enforcement agencies which are available to the public and shall be kept in separate records which are to be held confidential and, where possible, pages of the public record shall be retyped or rewritten omitting those portions of the record which deal with the defendant s case. If retyping or rewriting is not feasible because of the permanent nature of the record books, such record entries shall be blacked out and recopied in a confidential book.

2. As used in this section, the term child care includes providers and youth services agencies as those terms are defined in section 43.540, RSMo, elementary and secondary school teachers, and elementary and secondary school bus drivers, whether such drivers are employed by a school or an entity which has contracted with the school to provide transportation services.