CCS SS SCS HCS HB 490 & HCS HB 308 -- CHILD CARE AND ELDER CARE
PROVIDERS

This bill establishes a registry of background information on
child care and elder care workers and providers, accessible to
the public, and makes several changes to the law regarding
licensure of child care facilities and providers.  The
Department of Health and the Department of Social Services are
authorized to implement the provisions of the bill.

FAMILY CARE SAFETY ACT

Background information on certain child care workers, elder care
workers, and providers is consolidated and made available
through the Family Care Safety Act.  Child care and elder care
workers are those employed by a provider, as defined in the
bill, or those independently hired to provide care who receive
at least part of their salary from public funds.  Certain summer
camps, voluntary associations, and family members providing care
for an immediate family member are exempted from the provisions
of the bill.

By January 1, 2001, the Department of Health is to establish and
make available information on child care and elder care workers,
and child care and elder care providers through a Family Care
Safety Registry and Access Line.  Persons employed on or after
January 1, 2001, must complete the registration within 15 days
of beginning employment.  Those employed by providers currently
required by state law to conduct criminal background checks may
submit the registration form and employer verification that such
a check has been requested and received; for employees who are
registered with the registry, employers may access the registry
in lieu of conducting the required background check.  Child care
or elder care workers failing to register with the Family Care
Safety Registry, without good cause as determined by the
department, are guilty of a class B misdemeanor.  Others not
required by the provisions of the bill to register may
voluntarily do so.

The registry is to contain the following background information:

(1)  Missouri State Highway Patrol check of convictions, pleas
of guilty or nolo contendere, or suspended execution of sentence
to certain specified felonies;

(2)  Probable cause findings of child abuse or neglect through
the Department of Social Services;

(3)  Identification on the Division of Aging's employee
disqualification list;

(4)  Foster parent license and child care facility license
denials, revocations, and suspensions through the Department of
Social Services; and

(5)  Residential living facility and nursing home license
denials, revocations, suspensions, and probationary status.

The employee disqualification list, child abuse and neglect
information, and adult abuse information are deemed public
records for the purposes of the registry.

The costs of the criminal background check may be paid by the
registrant, by the provider if the registrant is so employed,
or, for those registrants receiving public assistance, by the
state through the terms of the self-sufficiency pact.

The Department of Health is to maintain a tollfree Family Care
Safety Telephone Access Service to allow members of the public
to access certain registry information.  Disclosure of
background information is to be given only to those providing
their name and address and who indicate the inquiry is for
employment purposes only.  In response to an inquiry of the
tollfree access line, the department may only confirm whether an
individual is listed in the registry, and whether the individual
is named in any of the background checks.  Specific information
may only be released after the department has received a signed
request with the inquirer's name, address, and reason for
requesting specific background information.  Any one who misuses
information obtained from the access line is guilty of a class B
misdemeanor.  The department is required to notify registrants
of the names and addresses of those making inquiries of the
access line.

The bill grants immunity from civil and criminal liability to
department staff providing information through the access line
as long as they do not act in bad faith or with ill intent.

By January 1, 2001, the Department of Health is required to
include in a report to the General Assembly certain
recommendations which include avoiding duplication in state
required background checks, the feasibility of transferring the
responsibility for background checks from certain providers to
the registry, and effecting internet access to the registry.

The bill also:  (1)  prohibits the Department of Health from
selling any portion of the registry for any purpose; (2)
requires the Department of Health to promote public awareness of
the family care safety registry and tollfree telephone service;
(3)  requires the Department of Health to collaborate with the
departments of Corrections, Public Safety, and Social Services
in comparing criminal and other background checks in order for
the registry information to be updated; and (4)  requires the
Department of Health to submit an annual report by July 1 of
each year on the operation of the registry and access line, and
include recommendations for improving the delivery of
information to the public.

The provisions relating to the Family Care Safety Act expire
January 1, 2004.

CHILD CARE FACILITIES AND PROVIDERS

Pertaining to child care facilities and providers, the bill:

(1)  Authorizes the Department of Health to deny an applicant a
license to operate a child care facility or place the applicant
on probation when the applicant fails to meet the statutory
requirements for such operation, or to revoke or suspend a
license when the licensee fails to renew or surrender the
license;

(2)  Requires the Department of Health to deny, suspend, place
on probation, or revoke a child care license if the local
governing body finds the license is prohibited by local law
related to the health and safety of children;

(3)  Requires the Department of Health to notify an applicant or
licensee of any proposed action regarding the license.  The
applicant or licensee then has the right to request a hearing
before the Administrative Hearing Commission;

(4)  Authorizes the Department of Health to suspend a license
simultaneously with the suspension notice if it finds there is a
threat of imminent bodily harm to the children in care.  The
licensee has the right to appeal the suspension;

(5)  Expands the availability of federal child and adult food
dollars to inspected but license-exempt facilities;

(6)  Requires the notice of parental responsibility that child
care facilities operated by religious organizations must provide
to the parents or guardians of children enrolled in the facility
to include notification that background checks have been
completed on all personnel;

(7)  Limits the fee for the criminal record review to the actual
costs incurred by the Missouri Highway Patrol in conducting the
review, not to exceed $10;

(8)  Allows owners and operators of licensed for-profit child
placing agencies or residential care facilities to be held
civilly liable for personal injury and property damage incidents
occurring outside the facility caused by juveniles who are in
the care of the facility but absent from the facility without
authorization or approval.  The state and other political
subdivisions are immune from civil liability regarding such
matters;

(9)  Requires applicants for state or federal funds for
providing child care in the home, either through direct payment
or through reimbursement to a child care beneficiary, and anyone
over the age of 18 in the home, to pass a criminal background
and child abuse or neglect check, unless mitigating
circumstances are demonstrated.  Beginning January 1, 2001, the
background checks can be satisfied through registration with the
Family Care Safety Registry, established by the bill.  A denial
of state or federal child care funds based upon the background
checks can be appealed; and

(10)  Authorizes the Department of Social Services to revoke the
registration of a registered child care provider paid with
public funds for due cause; requires these providers to be at
least age 18; requires these providers to install and maintain
smoke detectors in the residence, unless there are local
ordinances or regulations regarding smoke detectors; requires
that these providers inform families if the provider does not
have immediate access to a telephone; requires these providers
to be tested for tuberculosis; and requires that these providers
be made aware of local opportunities for first aid and child
care training.

HCS HB 490 -- FAMILY CARE SAFETY ACT (Hollingsworth)

This substitute establishes the Family Care Safety Act to
provide background information on certain child care workers,
elder care workers, and providers.  Child care and elder care
workers are those employed by a provider, as defined in the
substitute, or those independently hired to provide care who
receive at least part of their salary from public funds.
Certain summer camps, voluntary associations, and family members
providing care for an immediate family member are exempted from
the provisions of the substitute.

By January 1, 2001, the Department of Health is to establish and
make available information on child care and elder care workers,
and child care and elder care providers through a Family Care
Safety Registry and Access Line.  Persons employed on or after
January 1, 2001, must complete the registration within 15 days
of beginning employment.  In addition to requesting the
applicant's Social Security number, the registration form
provided by the department is to include information on
registrants' appeal rights and is to obtain the signed consent
for the background checks.  Those employed by providers
currently required by state law to conduct criminal background
checks may submit the registration form and employer
verification that such a check has been requested and received;
for employees who are registered with the registry, employers
may access the registry in lieu of conducting the required
background check.  Child care or elder care workers failing to
register with the Family Care Safety Registry, without good
cause as determined by the department, are guilty of a class B
misdemeanor.  Others not required by the provisions of the
substitute to register may voluntarily do so.

The registry is to contain the following background information:

(1)  Missouri State Highway Patrol check of convictions, pleas
of guilty or nolo contendere, or suspended execution of sentence
to certain specified felonies;

(2)  Probable cause findings of child abuse or neglect through
the Department of Social Services;

(3)  Foster parent license denials, revocations, and suspensions
through the Department of Social Services;

(4)  Identification on the Division of Aging's Employee
Disqualification List; and

(5)  Child care facility, residential living facility, and
nursing home license denials, revocations, and suspensions.

The employee disqualification list, child abuse and neglect
information, and adult abuse information are deemed public
records for the purposes of the registry.

The costs of the criminal background check may be paid by the
registrant, by the provider if the registrant is so employed,
or, for those registrants receiving public assistance, by the
state through the terms of the self-sufficiency pact.

The department is to maintain a toll free Family Care Safety
Telephone Access Service to allow members of the public to
access certain registry information.  Disclosure of background
information is to be given only to those providing their name
and address and who indicate the inquiry is for employment
purposes only.  In response to an inquiry of the toll free
access line, the department may only confirm whether an
individual is listed in the registry, and whether the individual
is named in any of the background checks.  Specific information
may only be released after the department has received a signed
request with the inquirer's name, address, and reason for
requesting specific background information.  Any one who misuses
information obtained from the access line is guilty of a class B
misdemeanor.  The department is required to notify registrants
of the names and addresses of those making inquiries of the
access line.

The substitute grants department staff providing information
through the access line immunity from civil and criminal
liability as long as they do not act in bad faith or with ill
intent.

By January 1, 2001, the Department of Health is required to
include in a report to the General Assembly certain
recommendations which include avoiding duplication in state
required background checks, the feasibility of transferring the
responsibility for background checks from certain providers to
the registry, and effecting internet access to the registry.

The substitute also:  (1) prohibits the department from selling
any portion of the registry for any purpose; (2) requires the
Department of Health to promote public awareness of the family
care safety registry and toll free telephone service; (3)
requires the Department of Health to collaborate with the
departments of Corrections, Public Safety, and Social Services,
in comparing criminal and other background checks, in order for
the registry information to be updated; (4) authorizes, subject
to appropriation, the use of state and federal funds allocated
for early childhood education or child care, or both, to be used
to fund the provisions of this substitute; and (5) requires the
department to submit an annual report by July 1 of each year, on
the operation of the registry and access line, and include
recommendations for improving the delivery of information to the
public.

The Department of Health and the Department of Social Services
are authorized to promulgate rules to implement the provisions
of this substitute.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$65,342 in FY 2000, $739,073 in FY 2001, and $762,190 in FY
2002.  Estimated Increase to Criminal Record System Fund of $0
in FY 2000, $112,501 in FY 2001, and $491,128 in FY 2002.

HCS HB 490 -- FAMILY CARE SAFETY ACT

SPONSOR:  Gunn (Hollingsworth)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Social
Services, Medicaid and the Elderly by a vote of 13 to 3 and 1
present.

This substitute establishes the Family Care Safety Act to
provide background information on certain child care workers,
elder care workers, and providers.  Child care and elder care
workers are those employed by a provider, as defined in the
substitute, or those independently hired to provide care who
receive at least part of their salary from public funds.
Certain summer camps, voluntary associations, and family members
providing care for an immediate family member are exempted from
the provisions of the substitute.

By January 1, 2001, the Department of Health is to establish and
make available information on child care and elder care workers,
and child care and elder care providers through a "Family Care
Safety Registry and Access Line."  Persons employed on or after
January 1, 2001, must complete the registration within 15 days
of beginning employment.  In addition to requesting the
applicant's Social Security number, the registration form
provided by the department is to include information on
registrants' appeal rights and is to obtain the signed consent
for the background checks.  Those employed by providers
currently required by state law to conduct criminal background
checks may submit the registration form and employer
verification that such a check has been requested and received;
for employees who are registered with the registry, employers
may access the registry in lieu of conducting the required
background check.  Child care or elder care workers failing to
register with the Family Care Safety Registry, without good
cause as determined by the department, are guilty of a class B
misdemeanor.  Others not required by the provisions of the
substitute to register may voluntarily do so.

The registry is to contain the following background information:

(1)  Missouri State Highway Patrol check of convictions, pleas
of guilty or nolo contendere, or suspended execution of sentence
to certain specified felonies;

(2)  Probable cause findings of child abuse or neglect through
the Department of Social Services;

(3)  Foster parent license denials, revocations, and suspensions
through the Department of Social Services;

(4)  Identification on the Division of Aging's Employee
Disqualification List; and

(5)  Child care facility, residential living facility, and
nursing home license denials, revocations, and suspensions.

The employee disqualification list, child abuse and neglect
information, and adult abuse information are deemed public
records for the purposes of the registry.

The costs of the criminal background check may be paid by the
registrant, by the provider if the registrant is so employed,
or, for those registrants receiving public assistance, by the
state through the terms of the self-sufficiency pact.

The department is to maintain a toll free Family Care Safety
Telephone Access Service to allow members of the public to
access certain registry information.  Disclosure of background
information is to be given only to those providing their name
and address, who indicate the inquiry is for employment purposes
only.  In response to an inquiry of the toll free access line,
the department may only confirm whether an individual is listed
in the registry, and whether the individual is named in any of
the background checks.  Specific information may only be
released after the department has received a signed request with
the inquirer's name, address and reason for requesting specific
background information.  Any one who misuses information
obtained from the access line is guilty of a class B
misdemeanor.  The department is required to notify registrants
of the names and addresses of those making inquiries of the
access line.

The substitute grants department staff providing information
through the access line immunity from civil and criminal
liability as long as they do not act in bad faith or with ill
intent.

By January 1, 2001, the Department of Health is required to
include in a report to the General Assembly certain
recommendations which include avoiding duplication in state
required background checks, the feasibility of transferring the
responsibility for background checks from certain providers to
the registry, and effecting internet access to the registry.

The substitute also:  (1)  requires the Department of Health to
promote public awareness of the family care safety registry and
toll free telephone service; (2)  requires the Department of
Health to collaborate with the departments of Corrections,
Public Safety, and Social Services, in comparing criminal and
other background checks, in order for the registry information
to be updated; (3)  authorizes, subject to appropriation, the
use of state and federal funds allocated for early childhood
education or child care, or both, to be used to fund the
provisions of this substitute; and (4)  requires the department
to submit an annual report by July 1 of each year, on the
operation of the registry and access line, and include
recommendations for improving the delivery of information to the
public.

The Department of Health and the Department of Social Services
are authorized to promulgate rules to implement the provisions
of this substitute.

FISCAL NOTE:  Estimated Net Cost to General Revenue Fund of
$65,342 in FY 2000, $739,073 in FY 2001, and $762,190 in FY
2002.  Estimated Increase to Criminal Record System Fund of $0
in FY 2000, $112,501 in FY 2001, and $491,128 in FY 2002.

PROPONENTS:  Supporters say that the bill promotes efficiency in
state government, improves services to the public, and helps
make families safer by requiring certain workers to have
background checks and by consolidating background information on
child care and elder care workers in a "one-stop shop" telephone
access service.

Testifying for the bill were Representative Hollingsworth;
American Association of Retired Persons; Citizens for Missouri's
Children; Dale and Debra Linneman; and Sally McDowell.

OPPONENTS:  Those who oppose the bill say that it is unclear
whether additional paperwork and background checks will be
required for those providers already required by law to have
criminal background checks run on their employees.

Testifying against the bill was Missouri Hospital Association.

Debra Cheshier, Senior Legislative Analyst

HB 490 -- Family Care Safety Act

Co-Sponsors:  Hollingsworth, Gaw

This bill establishes the Family Care Safety Act to provide
criminal background information on certain child care workers,
elder care workers, and providers.  Child care and elder care
workers are those employed by a provider, as defined in the
bill, or those independently hired to provide care who receive
at least part of their salary from public funds.  Summer camps
and voluntary associations designed for recreational or
educational purposes are not included in the definition of child
care provider.  Certain family members providing care for an
immediate family member are also exempted from the provisions of
the bill.

By January 1, 2001, the Department of Health is to establish and
make available information on child care and elder care workers,
and child care and elder care providers through a Family Care
Safety Registry and Access Line.  Persons employed as a child
care or elder care worker prior to January 1, 2001, must
register with this registry by January 1, 2001.  Those employed
after this date must complete the registration within 15 days of
beginning employment.  In addition to requesting the applicant's
Social Security number, the registration form provided by the
department is to include information on registrants' appeal
rights and is to obtain the signed consent for the background
checks.  Those employed by providers currently required by state
law to conduct criminal background checks are to submit the
registration form and employer verification that such a check
has been requested and received.  Child care or elder care
workers failing to register with the Family Care Safety
Registry, without good cause as determined by the department,
are guilty of a class B misdemeanor.  Others not required by the
provisions of the bill to register may voluntarily do so.

The registry is to contain the following background information:

(1)  Missouri State Highway Patrol check of convictions, pleas
of guilty or nolo contendere, or suspended execution of sentence
to certain specified felonies;

(2)  Probable cause findings of child abuse or neglect through
the Department of Social Services;

(3)  Foster parent license denials, revocations, and suspensions
through the Department of Social Services;

(4)  Identification on the Division of Aging's Employee
Disqualification List; and

(5)  Child care facility, residential living facility, and
nursing home license denials, revocations, and suspensions.

The costs of the criminal background check may be paid by the
registrant, by the provider if the registrant is so employed,
or, for those registrants receiving public assistance, by the
state through the terms of the self-sufficiency pact.

The department is to maintain a toll free Family Care Safety
Telephone Access Service to allow members of the public to
access certain registry information.  Disclosure of background
information is to be given only to those providing their name
and address, who indicate the inquiry is for employment purposes
only.  In response to an inquiry of the toll free access line,
the department may only confirm whether an individual is listed
in the registry, and whether the individual is named in any of
the background checks.  Specific information may only be
released after the department has received a signed request from
the inquirer, including the inquirer's name and address and
reason for requesting specific background information.  Any one
who misuses information obtained from the access line is guilty
of a class A misdemeanor.  The department is required to notify
registrants of the names and addresses of those making inquiries
of the access line.

The bill grants department staff providing information through
the access line immunity from civil and criminal liability as
long as they do not act in bad faith or with ill intent.

The bill also:

(1)  Requires the Department of Health to promote public
awareness of the family care safety registry and toll free
telephone service;

(2)  Requires the Department of Health to collaborate with the
Departments of Corrections, Public Safety, and Social Services,
in comparing criminal and other background checks, in order for
the registry information to be updated;

(3)  Authorizes, subject to appropriation, the use of state and
federal funds allocated for early childhood education or child
care, or both, to be used to fund the provisions of this bill;
and

(4)  Requires the department to submit an annual report by July
1 of each year, on the operation of the registry and access
line, and include recommendations for improving the delivery of
information to the public.

The Department of Health and the Department of Social Services
are authorized to promulgate rules to implement the provisions
of this bill.