Establishes a registration process for certain children's homes

SECOND REGULAR SESSION
HOUSE BILL NO. 2241
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE GRAGG.
4733H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o amend chapter 210, RSMo, by adding thereto one new section relating to child protections
required for certain children's homes.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 210, RSMo, is amended by adding thereto one new section, to be
2 known as section 210.497, to read as follows:
210.497. 1. (1) In lieu of a license requi red under this chapter , a child car e
2 facility or organization that meets the requ irem ents set forth by a qualified association
3 may regi ster with a qualified association that:
4 (a) Is a well-established child car e organization that has been in place for a
5 minimum of twenty years;
6 (b) Publishes and r equir es compliance with the association's written policies and
7 standards for the car e of children;
8 (c) Files copies of the policies and standards with the children's division as
9 r equir ed under this section; and
10 (d) Has a board of directors able to conduct oversight of member organizations.
11 (2) Registration with a qualified association shall consist of annually filing with
12 the qualified association, on forms pr ovided by the qualified association, the name and
13 addr ess of the facility or organization; the capacity of, and the number of children being
14 car ed for in, the facility or organization; the names and addr esses of the officers and the
15 board of dir ectors or other governing body of the facility or organization, if applicable;
16 the name of the owner , operator , dir ector , or person in charge of the facility or
17 organization; and proof that the facility or organization is in compliance with the
EXPLANA TION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is
intended to be omitted from the law . Matter in bold-face type in the above bill is proposed language.
18 standards requ ired by applicable state law or local ordinance for fir e, safety , health, and
19 sanitary standards and for scr eening of personnel. A separate reg istration form shall be
20 filed for each such facility or organization.
21 (3) A register ed facility or organization that meets the r equir ements set forth by
22 the qualified association may apply to the childr en's division for eligibility to accept
23 foster childr en fro m the division. Each regi stered facility or organization that accepts
24 foster children shall annually provi de to the division the names, ages, and permanent
25 addr esses of foster children who ar e car ed for in or by the facility or organization and
26 the children who have been car ed for in or by the facility or organization during the past
27 calendar year; the length of each child's stay and the nature of each child's placement;
28 the names of all personnel; and pr oof that the facility or organization is in compliance
29 with all applicable reg ulations pr omulgated by the division and published minimum
30 standards that ar e filed with the division. Each facility or organization shall have the
31 r esponsibility to maintain the rele vant information described in this subdivision for
32 privately placed children and to confirm that such facility or organization has done so
33 on the regi stration application, as well as to confirm that state law shall be followed in
34 the event of an allegation of abuse or neglect.
35 (4) Upon verification that all req uirements for reg istration have been met, the
36 qualified association shall issue without charge a certificate of regist ration to the facility
37 or organization. The certificate of r egistration shall be valid for two years.
38 2. The standards developed by the qualified association shall ensur e child
39 welfar e and include clear guidelines for safety , investigational proced ures, complaints,
40 allegations of abuse or neglect, local health and safety r equir ements and written policies,
41 as well as policies on r egular backgr ound checks for screening employees of
42 participating facilities in addition to any such r equir ements under state and federal law .
43 3. Each child served by a facility or organization that regi sters under this section
44 shall be covere d by a written contract executed at the time of admission into the facility
45 or organization or prior to admission between the facility or organization and the
46 par ent, legal guardian, or agency having legal custody of the child. The paren t, legal
47 guardian, or agency having legal custody of the child shall be given a copy of the
48 contract at the time of its execution, and the facility or organization shall r etain the
49 original contract. Each contract shall:
50 (1) Enumerate the provi sion of services and accommodations pr ovided by the
51 facility or organization;
52 (2) State that the facility or organization is register ed under the provi sions of this
53 section;
54 (3) Contain the addr ess and telephone number of the qualified association;
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55 (4) Specify the financial charges, if any , to the par ent, legal guardian, or agency
56 having legal custody of the child;
57 (5) Contain a clear statement r egarding disciplinary pr ocedur es; and
58 (6) Authorize the owner , operator , dir ector , or person in charge, or his or her
59 designee, of the facility or organization to consent to r outine and emergency medical
60 car e on behalf of the paren t, legal guardian, or agency having legal custody of the child,
61 pr ovided the owner , operator , dir ector , or person in charge, or his or her designee, of the
62 facility or organization shall immediately notify the paren t, legal guardian, or agency
63 having legal custody of the child of medical car e being pr ovided on his or her behalf,
64 and prov ided that the facility or organization shall obtain specific consent for
65 nonemergency medical care fr om any agency having legal custody of the child when
66 feasible.
67
68 A copy of the contract signed by the par ent or guardian shall be filed with the qualified
69 association within ten days after the child enters the facility or organization. All
70 contracts between the facility or organization and an agency with legal custody shall be
71 individualized contracts based on assessments of the best intere sts of each child.
72 4. (1) There is hereb y established the "Child Pr otection Board" within the
73 department of social services to provi de oversight of facilities and organizations
74 r egister ed with qualified associations under this section and to rep ort to the dir ector of
75 the department as needed. The board shall consist of thirteen members. The board
76 shall consist of eleven members appointed by the governor with the advice and consent
77 of the senate, without rega rd to political affiliation. T wo members shall be members of
78 the house of r epresent atives, one fro m each party appointed by the speaker of the house
79 of repr esentatives. The members of the board shall serve for a term of four years.
80 (2) The board shall be composed of:
81 (a) T wo foster par ents;
82 (b) A member in a leadership position of a faith-based child care agency ,
83 pr ovided that such agency has been in existence at least twenty years;
84 (c) Five members of faith-based child care agencies;
85 (d) A member with expertise in nutrition;
86 (e) A teacher with a certificate of license to teach issued by the state board of
87 education or any other educator or administrator requ ired to maintain a profession al
88 license issued by the state board of education; and
89 (f) A guardian ad litem.
90
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91 Faith-based child care agencies, foster car e agencies, child welfar e associations, mental
92 health organizations, and similar entities may r ecommend members for appointment.
93 (3) The board shall hold an annual meeting at which it shall elect fr om its
94 membership a chair and secr etary . The chair may call for additional meetings as may
95 be r equir ed, provi ded that notice of every meeting shall be given to each member at least
96 ten days prior to the date of the meeting.
97 (4) The board shall establish pr ocedur es, provide written opinions and
98 r ecommendations as to any changes to the standards to the children's division, and
99 pr ovide policy suggestions for improv ement to the department of social services and to
100 facilities or organizations.
101 (5) For any complaint or allegation of child abuse or neglect at a facility or
102 organization in which a facility or organization regi stered under this section could be
103 aggrieved by the substantiated finding of abuse or neglect by the children 's division, the
104 board shall independently review the decision and make reco mmendations to the
105 division regard ing whether any action should be taken affecting the r egistration of the
106 facility or organization. Nothing in this subdivision shall be construed to deny the state
107 the authority to investigate any allegations of child abuse or neglect.
108 (6) The board may recomme nd to the direc tor of the children 's division that the
109 dir ector place a participating facility or organization on a corr ective action plan or
110 deny , suspend, or r evoke the registra tion of a participating facility or organization that
111 fails to comply with the standards established by the qualified association or reg ulations
112 pr omulgated to implement the pro visions of this section.
113 (7) The dir ector of the children 's division may place a participating facility or
114 organization on a corre ctive action plan or revo ke, suspend, or deny a regi stration of a
115 participating or pr ospective facility or organization upon the finding that the facility or
116 organization knowingly allowed personnel or other persons subject to backgroun d
117 checks under section 210.493 to work, volunteer , or engage in any pr ohibited activity at
118 the facility or organization without eligibility determinations; violations of the
11 9 r egulations pr omulgated to implement the pr ovisions of this section; or findings of
120 abuse or neglect occurring within the facility or organization. The dir ector shall retai n
121 the decision-making authority to supersede any other r ecommendation. The dir ector
122 shall not arbitrarily or capriciously rev oke, suspend, or deny a r egistration of a
123 participating or pro spective facility or organization. The participating or pr ospective
124 facility or organization shall ret ain the right to appeal to the administrative hearing
125 commission for a final determination under chapter 621.
126 (8) The childr en's division shall notify the board and the qualified association
127 within ten days of the suspension or revocation of the r egistration.
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128 (9) The board shall make any other r ecommendations to participating facilities
129 or organizations and to the childr en's division as the board deems appr opriate.
130 5. Any facility or organization that meets the re quir ements of the qualified
131 association may apply for a license under this chapter . A facility or organization that
132 has applied for and r eceived a license is no longer eligible to operate under the
133 pr ovisions of this section.
134 6. After a facility or organization obtains a r egistration under this section, a
135 child shall be allowed to be placed by the childre n's division within the facility or
136 organization pr ovided the facility or organization complies with the reg ulations
137 pr omulgated to implement the pro visions of this section.
138 7. All personnel, whether paid or unpaid, of any facility or organization
139 r egister ed under this section shall undergo backgrou nd checks as pr ovided under
140 section 210.493.
141 8. Nothing in this section shall be construed to negate the necessity of facilities
142 that have registe red with the qualified association fr om following applicable state law
143 and local ordinance pertaining to health, safety , and sanitary standards, and for the
144 scr eening of both paid and unpaid personnel.
145 9. The children's division shall pr omulgate regu lations to implement the
146 pr ovisions of this section. This section shall not be effective until the regula tions are
147 pr omulgated. These rules shall be pr omulgated on or befor e August 28, 2027.
148 10. Any rule or portion of a rule, as that term is defined in section 536.010, that
149 is cr eated under the authority delegated in this section shall become effective only if it
150 complies with and is subject to all of the pr ovisions of chapter 536 and, if applicable,
151 section 536.028. This section and chapter 536 ar e nonseverable and if any of the powers
152 vested with the general assembly pursuant to chapter 536 to revi ew , to delay the
153 effective date, or to disappr ove and annul a rule are subsequently held unconstitutional,
154 then the grant of rulemaking authority and any rule pro posed or adopted after August
155 28, 2026, shall be invalid and void.
✔
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