A person over eighteen, who provides or intends to provide child care, who is not required to be licensed or to consent to a criminal record review in order to provide child care or supervision, and who has voluntarily submitted information and fees required for determination of eligibility for entry into the careline registry, is a careline applicant.

The Department in coordination with the Department of Social Services, shall conduct a search of the central registry to determine if the applicant has been reported for child abuse or neglect. Upon complete review, the Department shall determine whether the applicant shall be granted or denied inclusion in the careline registry. If there is no disqualifying information, then the Department shall enter the applicant's name in the careline registry and the person shall be known as a registered careline provider.

The careline applicant or registered careline provider shall be disqualified if: the person has been convicted of a crime relevant to the person's occupation as a child care provider, or which raises questions about the person's qualifications; if the person has made any misleading or false statement or report of a material fact; or if there has been any attempt at fraud or deception, or if information discloses conduct which demonstrates that registration of that person would be adverse to the health and safety of children in Missouri.

An applicant, upon notification of disqualification, shall be advised of the right to appeal. Upon receipt of an appeal filed in writing at the Office of the Director of the Department within thirty days of notification, an administrative hearing shall be set. If the appeal is in favor of the disqualified person, the records shall be restored in the careline registry along with a copy of the hearing decision.

Registered careline providers shall be required to renew their registration periodically. The Department shall update reports of substantiated child abuse or neglect and shall review the information to determine whether a 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. Likewise, the Patrol and the Department may enter into an interagency agreement for updating information regarding criminal convictions. State employees shall be liable only for intentional acts or gross negligence which result in damages from a criminal record review.

The Department shall meet certain minimum guidelines, including the establishment and maintenance of careline hotline services, maintenance of the central registry, and ensuring the confidentiality of records. The Department shall use a competitive process to select and contract with an independent consultant for the purpose of evaluating the careline. 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 in which the program is established, with the final report submitted by January 1 of the fifth year.

An employment agency referring a child day care provider to parents or guardians shall disclose information about the careline program and registry to both the parents or guardians and the provider, and shall disclose to the parents whether the provider is a careline applicant or registered careline provider.

It shall be a Class B misdemeanor to falsely represent oneself as a careline applicant or a registered careline provider, or to fail to disclose, in a careline application, a conviction for a criminal offense or substantiated evidence of child abuse or neglect.

JOHN MESSMER