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EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
and is intended to be omitted in the law.
SECOND REGULAR SESSION
SENATE BILL NO. 1642
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHROER.
7068S.01I KRISTINA MARTIN, Secretary
AN ACT
To repeal sections 160.2705, 210.203, 210.211, 210.221, 210.231, 210.245, 210.252, and 210.256,
RSMo, and to enact in lieu thereof nine new sections relating to summer and day camps,
with penalty provisions.
Be it enacted by the General Assembly of the State of Missouri, as follows:
Section A. Sections 160.2705, 210.203, 210.211, 210.221, 1
210.231, 210.245, 210.252, and 210.256, RSMo, are repealed and 2
nine new sections enacted in lieu thereof, to be known as 3
sections 160.2705, 210.203, 210.211, 210.214, 210.221, 210.231, 4
210.245, 210.252, and 210.256, to read as follows:5
160.2705. 1. The department of social services shall 1
authorize Missouri-based nonprofit organizations meeting the 2
criteria of this section to establish and operate up to five 3
adult high schools, with: 4
(1) One adult high school to be located in a city not 5
within a county; 6
(2) One adult high school to be located in a county of 7
the third classification without a township form of 8
government and with more than forty-one thousand but fewer 9
than forty-five thousand inhabitants or a county contiguous 10
to that county; 11
(3) One adult high school to be located in a county of 12
the first classification with more than two hundred sixty 13
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thousand but fewer than three hundred thousand inhabitants 14
or a county contiguous to that county; 15
(4) One adult high school to be located in a county of 16
the first classification with more than one hundred fifty 17
thousand but fewer than two hundred thousand inhabitants; and 18
(5) One adult high school to be located in a county 19
with more than seven hundred thousand but fewer than eight 20
hundred thousand inhabitants, or a contiguous county. 21
2. The department of social services shall administer 22
funding to adult high schools subject to appropriations. 23
The department shall be responsible for granting and 24
maintaining authorization for adult high schools. For adult 25
high schools in operation prior to January 1, 2023, the 26
department shall maintain authorization for the nonprofit 27
organization to operate the schools, subject to compliance 28
with this section. No more than one organization shall be 29
authorized to operate an adult high school at each location 30
described in subsection 1 of this section. An organization 31
may establish satellite campuses for any adult high school 32
it is authorized to operate. The department shall 33
administer funding for satellite campuses subject to 34
appropriations. 35
3. On or before January 1, 2024, the department of 36
social services shall select an eligible Missouri-based 37
nonprofit organization to operate in a location described in 38
subdivision (5) of subsection 1 of this section. An 39
eligible organization shall: 40
(1) Demonstrate the ability to establish, within 41
twenty-one months of the receipt of the authorization, an 42
adult high school offering high school diplomas, an industry 43
certification program or programs, and child care for 44
children of the students attending the high schools; 45
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(2) Demonstrate the ability to commit at least five 46
hundred thousand dollars for the purpose of establishing the 47
necessary infrastructure at the adult high school; 48
(3) Demonstrate substantial and positive experience in 49
providing services, including industry certifications and 50
job placement services, to adults eighteen years of age or 51
older whose educational and training opportunities have been 52
limited by educational disadvantages, disabilities, 53
homelessness, criminal history, or similar circumstances; 54
(4) Establish a partnership with a state-supported 55
postsecondary education institution or more than one such 56
partnership, if a partnership or partnerships are necessary 57
in order to meet the requirements for an adult high school; 58
(5) Establish a comprehensive plan that sets forth how 59
the adult high schools will help address the need for a 60
sufficiently trained workforce in the surrounding region for 61
each adult high school; 62
(6) Establish partnerships and strategies for engaging 63
the community and business leaders in carrying out the goals 64
of each adult high school; 65
(7) Establish the ability to meet quality standards 66
through certified teachers and programs that support each 67
student in such student's goal to find a more rewarding job; 68
(8) Establish a plan for assisting students in 69
overcoming barriers to educational success including, but 70
not limited to, educational disadvantages, homelessness, 71
criminal history, disability, including learning disability 72
such as dyslexia, and similar circumstances; 73
(9) Establish a process for determining outcomes of 74
the adult high school, including outcomes related to a 75
student's ability to find a more rewarding job through the 76
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attainment of a high school diploma and job training and 77
certification; and 78
(10) Limit the administrative fee to no more than ten 79
percent. 80
4. (1) The department of elementary and secondary 81
education shall establish academic requirements for students 82
to obtain high school diplomas. 83
(2) Requirements for a high school diploma shall be 84
based on an adult student's prior high school achievement 85
and the remaining credits and coursework that would be 86
necessary for the student to receive a high school diploma 87
if such student were in a traditional high school setting. 88
The adult student shall meet the requirements with the same 89
level of academic rigor as would otherwise be necessary to 90
attain such credits. 91
(3) The adult high school authorized under this 92
section shall award high school diplomas to students who 93
successfully meet the established academic requirements. 94
The adult high school authorized under this section shall 95
confer the diploma as though the student earned the diploma 96
at a traditional high school. The diploma shall have no 97
differentiating marks, titles, or other symbols. 98
(4) Students at adult high schools may complete 99
required coursework at their own pace and as available 100
through the adult high school. They shall not be required 101
to satisfy any specific number of class minutes. The adult 102
high school may also make classes available to students 103
online as may be appropriate. However, students shall not 104
complete the majority of instruction of the school's 105
curriculum online or through remote instruction. For the 106
purposes of this subsection, synchronous instruction 107
connecting students to a live class conducted in a Missouri 108
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adult high school shall be treated the same as in-person 109
instruction. 110
(5) The department of elementary and secondary 111
education shall not create additional regulations or burdens 112
on the adult high school or the students attending the adult 113
high schools beyond certifying necessary credits and 114
ensuring that students have sufficiently mastered the 115
subject matter to make them eligible for credit. 116
5. An adult high school shall be deemed a secondary 117
school system for the purposes of subdivision [(16)] (15) of 118
subsection 1 of section 210.211. 119
210.203. The department of elementary and secondary 1
education shall maintain a record of substantiated, signed 2
parental complaints against child care facilities, summer 3
camps, or day camps licensed pursuant to this chapter, and 4
shall make such complaints and findings available to the 5
public upon request. 6
210.211. 1. It shall be unlawful for any person to 1
establish, maintain or operate a child care facility, or for 2
any person or organization to establish, maintain, or 3
operate a summer camp or day camp, for children, or to 4
advertise or hold himself or herself out as being able to 5
perform any of the services as defined in section 210.201, 6
without having in effect a written license granted by the 7
department of elementary and secondary education; except 8
that nothing in sections 210.203 to 210.245 shall apply to: 9
(1) Any person who is caring for six or fewer 10
children, including a maximum of three children under the 11
age of two, at the same physical address. For purposes of 12
this subdivision, children who live in the caregiver's home 13
and who are eligible for enrollment in a public 14
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kindergarten, elementary, or high school shall not be 15
considered in the total number of children being cared for; 16
(2) Any person who receives free of charge, and not as 17
a business, for periods not exceeding ninety consecutive 18
days, as bona fide, occasional and personal guests the child 19
or children of personal friends of such person, and who 20
receives custody of no other unrelated child or children; 21
(3) Any graded boarding school that is conducted in 22
good faith primarily to provide education; 23
(4) [Any summer or day camp that is conducted in good 24
faith primarily to provide recreation; 25
(5)] Any hospital, sanitarium, or home that is 26
conducted in good faith primarily to provide medical 27
treatment or nursing or convalescent care for children; 28
[(6)] (5) Any residential facility or day program 29
licensed by the department of mental health under sections 30
630.705 to 630.760 that provides care, treatment, and 31
habilitation exclusively to children who have a primary 32
diagnosis of mental disorder, mental illness, intellectual 33
disability, or developmental disability, as those terms are 34
defined in section 630.005; 35
[(7)] (6) Any school system as defined in section 36
210.201; 37
[(8)] (7) Any Montessori school as defined in section 38
210.201; 39
[(9)] (8) Any business that operates a child care 40
program for the convenience of its customers or its 41
employees if the following conditions are met: 42
(a) The business provides child care for customers' or 43
employees' children for no more than four hours per day; and 44
(b) Customers or employees remain on site while their 45
children are being cared for by the business establishment; 46
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[(10)] (9) Any home school; 47
[(11)] (10) Any religious organization academic 48
preschool or kindergarten for four- and five-year-old 49
children; 50
[(12)] (11) Any weekly Sunday or Sabbath school, a 51
vacation bible school, or child care made available while 52
the parents or guardians are attending worship services or 53
other meetings and activities conducted or sponsored by a 54
religious organization; 55
[(13)] (12) Any neighborhood youth development program 56
under section 210.278; 57
[(14)] (13) Any program serving only children enrolled 58
in grade six or above; 59
[(15)] (14) Any religious organization elementary or 60
secondary school; 61
[(16)] (15) Any private organization elementary or 62
secondary school system providing child care to children 63
younger than school age. If a facility or program is exempt 64
from licensure based upon this exception, such facility or 65
program shall submit documentation annually to the 66
department to verify its licensure-exempt status; 67
[(17)] (16) Any nursery school as defined in section 68
210.201; 69
[(18)] (17) Any child care facility maintained or 70
operated under the exclusive control of a religious 71
organization, not including summer camps or days camps as 72
defined in section 210.201. If a nonreligious organization 73
having as its principal purpose the provision of child care 74
services enters into an arrangement with a religious 75
organization for the maintenance or operation of a child 76
care facility, the facility is not under the exclusive 77
control of the religious organization; and 78
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[(19)] (18) Any FPE school. 79
2. Notwithstanding the provisions of subsection 1 of 80
this section, no child care facility shall be exempt from 81
licensure if such facility receives any state or federal 82
funds for providing care for children, except for federal 83
funds for those programs which meet the requirements for 84
participation in the Child and Adult Care Food Program 85
pursuant to 42 U.S.C. Section 1766. Grants to parents for 86
child care pursuant to sections 210.201 to 210.257 shall not 87
be construed to be funds received by a person or facility 88
listed in subdivisions (1) and [(18)] (17) of subsection 1 89
of this section. 90
3. Every child care facility, summer camp, or day camp 91
shall disclose the licensure status of the facility or camp 92
to the parents or guardians of children for which the 93
facility provides care or for which the camp provides a 94
recreational program. No child care facility exempt from 95
licensure shall represent to any parent or guardian of 96
children for which the facility provides care that the 97
facility is licensed when such facility is in fact not 98
licensed. A parent or guardian utilizing an unlicensed 99
child care facility shall sign a written notice indicating 100
he or she is aware of the unlicensed status of the 101
facility. The facility shall keep a copy of this signed 102
written notice on file. All child care facilities shall 103
provide the parent or guardian enrolling a child in the 104
facility with a written explanation of the disciplinary 105
philosophy and policies of the child care facility. 106
4. Up to two children who are five years of age or 107
older and who are related within the third degree of 108
consanguinity or affinity to, adopted by, or under court 109
appointed guardianship or legal custody of a child care 110
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provider who is responsible for the daily operation of a 111
licensed family child care home that is organized as a 112
corporation, association, firm, partnership, limited 113
liability company, sole proprietorship, or any other type of 114
business entity in this state shall not be included in the 115
number of children counted toward the maximum number of 116
children for which the family child care home is licensed 117
under section 210.221. If more than one member of the 118
corporation, association, firm, partnership, limited 119
liability company, or other business entity is responsible 120
for the daily operation of the licensed family child care 121
home, then the related children of only one such member 122
shall be excluded. A family child care home caring for 123
children not counted in the maximum number of children, as 124
permitted under this subsection, shall disclose this to 125
parents or guardians on the written notice required under 126
subsection 3 of this section. If a family child care home 127
begins caring for children not counted in the maximum number 128
of children after a parent or guardian has signed the 129
written notice required under subsection 3 of this section, 130
the family child care home shall provide a separate notice 131
to the parent or guardian that the family child care home is 132
caring for children not counted in the maximum number of 133
children for which the family child care home is licensed 134
and shall keep a copy of the signed notice on file. 135
5. Nothing in this section shall prevent the 136
department from enforcing licensing regulations promulgated 137
under this chapter, including, but not limited to, 138
supervision requirements and capacity limitations based on 139
the amount of child care space available. 140
6. Nothing in this section shall prevent the 141
department from promulgating rules or regulations relating 142
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to supervision requirements and capacity limitations for 143
summer camps or day camps. 144
210.214. 1. This section shall be known and may be 1
cited as the "Heaven's 27 Camp Safety Act". 2
2. As used in this section, the following terms mean: 3
(1) "Cabin" or "cabins", structures used to provide 4
temporary sleeping quarters for campers; 5
(2) "Camper" or "campers", minors who are attending a 6
summer camp or day camp on a day care or boarding basis; 7
(3) "Department", the department of elementary and 8
secondary education; 9
(4) "Flood plain", any area within a one-hundred-year 10
flood plain, as designated by the Federal Emergency 11
Management Agency. "Flood plain" includes any area removed 12
from the one-hundred-year flood plain by a letter of map 13
amendment, a letter of map revision based on fill, or a 14
substantially similar administrative process conducted by 15
the Federal Emergency Management Agency; 16
(5) "Floodway", an area identified on the most recent 17
flood hazard map published by the Federal Emergency 18
Management Agency; 19
(6) "Governmental entity", this state or a state 20
agency or political subdivision of this state; 21
(7) "Minor", a person under eighteen years of age. 22
3. A person holding a license issued under section 23
210.221 shall: 24
(1) Renew the license annually by submitting a renewal 25
application on a date determined by department through rule 26
on a form provided by the department; and 27
(2) Submit a renewal application no later than the 28
thirtieth day after the date the person: 29
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(a) Alters the boundaries of a summer camp or day camp 30
operated by the person; or 31
(b) Completes any renovation to one or more existing 32
cabins located on the premises of the camp that: 33
a. Increases or decreases the number of beds in an 34
affected cabin; or 35
b. Alters the method of ingress or egress to an 36
affected cabin. 37
4. The department shall review the camper-to-counselor 38
ratios for overnight stays at summer camps, or day camps 39
when applicable, and establish, through rule, minimum camper- 40
to-counselor ratios for overnight stays at summer camps, or 41
day camps when applicable. 42
5. (1) A summer camp or day camp operator shall 43
include in a prominent place on the summer camp's or day 44
camp's publicly accessible internet website a clearly marked 45
link to the summer camp or day camp program web page on the 46
department's internet website for campers, parents, and camp 47
staff, and volunteers to use to report the camp's 48
noncompliance with this section. 49
(2) The department shall investigate each complaint 50
filed with the department for a summer camp or day camp to 51
ensure that the summer camp or day camp operator is: 52
(a) Properly implementing the camp's approved 53
emergency plan submitted as required under subsection 6 of 54
this section; and 55
(b) Complying with the provisions of this section. 56
(3) A department investigation under this section 57
shall include an inspection to ensure the summer camp's or 58
day camp's compliance with this section. The inspection 59
shall be performed in the same manner as other inspections 60
required under this chapter. 61
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6. (1) Each summer camp or day camp shall comply with 62
all fire, safety, health, and sanitation inspections that 63
may be required by state law or local ordinance. 64
(2) The department shall require a summer camp or day 65
camp operator in the emergency plan to do the following: 66
(a) Specify muster zones for campers and camp staff to 67
gather in an emergency event that requires evacuation from 68
any location within the premises of the camp; 69
(b) Establish procedures for responding to an 70
emergency event, including: 71
a. A lost camper; 72
b. A fire on the premises of the camp; 73
c. A severe injury, severe illness, serious accident, 74
or death of one or more campers, visitors, camp staff, or 75
camp volunteers that occurs: 76
(i) On the camp premises; or 77
(ii) While under the supervision of camp staff; 78
d. An aquatic emergency if the camp borders a 79
watercourse, lake, pond, or any other body of water; 80
e. An epidemic; 81
f. An unauthorized or unknown individual present on 82
the camp's premises; 83
g. A transportation emergency; and 84
h. Any other natural disaster or emergency event 85
required under department rules; 86
(c) Establish procedures to identify and account for 87
each camper affected by the emergency event; 88
(d) Establish procedures to notify and communicate 89
with: 90
a. Local law enforcement agencies; 91
b. Camp administrative and medical services staff; and 92
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c. The parents or legal guardians of each camper 93
identified under paragraph (c) of this subdivision; and 94
(e) Designate a camp emergency preparedness 95
coordinator. 96
(3) The department shall require a summer camp or day 97
camp operator to, at each summer camp or day camp the 98
operator operates: 99
(a) Maintain at the camp an operable radio capable of 100
providing real-time weather alerts issued by the National 101
Weather Service or a similar professional weather service; 102
(b) Install and maintain at the camp an emergency 103
warning system that is capable of alerting all campers and 104
camp occupants of an emergency; 105
(c) Monitor safety alerts issued: 106
a. By the National Weather Service or a similar 107
professional weather service; and 108
b. By local river authorities, if applicable to the 109
camp, or through other local emergency notification systems; 110
and 111
(d) Certify the operator's compliance with this 112
subdivision. 113
(4) In developing a summer camp's or day camp's 114
emergency plan, a summer camp or day camp operator shall 115
annually submit the initial or updated plan to the 116
department for approval in the form and manner prescribed by 117
the department. 118
(5) If the department determines a summer camp's or 119
day camp's submitted emergency plan does not meet the 120
minimum standards prescribed by department rules, the summer 121
camp or day camp operator shall revise and resubmit the plan 122
no later than the forty-fifth day after the date the 123
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operator receives notice from the department of the plan's 124
deficiencies. 125
(6) A summer camp or day camp operator shall include 126
any updated summer camp or day camp emergency plan as an 127
attachment to each application to renew the operator's 128
license under subsection 3 of this section. 129
(7) Notwithstanding any provision of law to the 130
contrary, no later than the tenth business day following the 131
date the department approves a summer camp's or day camp's 132
emergency plan or, if the department determines the plan is 133
deficient under subdivision (5) of this subsection, the 134
operator shall provide a copy of the plan to: 135
(a) The director of the emergency management agency of 136
the county in which the camp is located; and 137
(b) The law enforcement agency or county sheriff's 138
office where the camp is located. 139
(8) In developing a summer camp's or day camp's 140
emergency plan, a summer camp or day camp operator may 141
consult with an emergency management director described by 142
subdivision (7) of this section. 143
(9) The department shall store in a digital database 144
each emergency plan submitted to the department under this 145
section and provide access to that database to the state 146
emergency management agency. 147
(10) A summer camp or day camp operator shall: 148
(a) Provide the most recent version of a summer camp's 149
or day camp's emergency plan submitted under this subsection 150
to the parent or legal guardian of: 151
a. A camper who is participating in a camp session; or 152
b. A prospective camper who is registered to 153
participate in a future camp session; 154
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(b) Notify the parent or legal guardian of a camper or 155
prospective camper described in paragraph (a) of this 156
subdivision if any area of the camp is located within a 157
flood plain; and 158
(c) Ensure that the parent or legal guardian signs and 159
submits to the operator a statement acknowledging receipt of 160
the notice required under paragraph (b) of this subdivision. 161
(11) Not more than forty-eight hours after each summer 162
camp or day camp session begins, the summer camp or day camp 163
operator or a summer camp or day camp staff member shall 164
conduct a mandatory safety orientation that: 165
(a) Notifies each camper of the camp's boundaries and 166
any hazards present on the camp premises; 167
(b) Instructs each camper on behavioral expectations 168
in an emergency event; and 169
(c) Provides each camper with developmentally 170
appropriate instruction on the appropriate actions and 171
procedures to follow in an emergency event, in accordance 172
with the camp's emergency plan required under this 173
subsection. 174
(12) At least once a year, a summer camp or day camp 175
operator shall: 176
(a) Provide each summer camp or day camp staff member 177
and volunteer with a copy of the camp's most recent 178
emergency plan; 179
(b) Ensure each staff member and volunteer 180
successfully completes training on the camp's emergency plan 181
in compliance with any minimum standards and required hours 182
established by department rule; 183
(c) Instruct each staff member and volunteer on the 184
proper procedures to follow in an emergency event under the 185
plan; and 186
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(d) Maintain written records documenting each staff 187
member's and volunteer's successful completion of the 188
training required under this subdivision. 189
(13) A summer camp or day camp operator shall 190
conspicuously post in each cabin on the summer camp or day 191
camp premises the proper evacuation route described in the 192
summer camp or day camp's emergency plan. 193
(14) An emergency plan submitted to, received by, or 194
accessed by the department, the Missouri state emergency 195
management agency, an emergency management agency director, 196
or any other governmental entity under this subsection is 197
confidential and not subject to disclosure under chapter 610. 198
7. (1) The department shall not issue a license or 199
renew a license for a summer camp or day camp under this 200
section if the summer camp or day camp operator is not in 201
compliance with subsection 6 of this section or a rule 202
adopted under such subsection. 203
(2) The department shall suspend a summer camp or day 204
camp license issued by the department if the summer camp or 205
day camp operator is in violation of subsection 6 of this 206
section. The department may reinstate the license only on 207
or after the date the department determines the summer camp 208
or day camp and the operator are in compliance with 209
subsection 6 of this section. 210
8. The department shall promulgate all necessary rules 211
and regulations for the administration of this section. Any 212
rule or portion of a rule, as that term is defined in 213
section 536.010, that is created under the authority 214
delegated in this section shall become effective only if it 215
complies with and is subject to all of the provisions of 216
chapter 536 and, if applicable, section 536.028. This 217
section and chapter 536 are nonseverable and if any of the 218
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powers vested with the general assembly pursuant to chapter 219
536 to review, to delay the effective date, or to disapprove 220
and annul a rule are subsequently held unconstitutional, 221
then the grant of rulemaking authority and any rule proposed 222
or adopted after August 28, 2026, shall be invalid and void. 223
210.221. 1. The department of elementary and 1
secondary education shall have the following powers and 2
duties: 3
(1) After inspection, to grant licenses to persons to 4
operate child care facilities or to grant licenses to 5
persons or organizations to operate summer camps or day 6
camps if satisfied as to the good character and intent of 7
the applicant and that such applicant is qualified and 8
equipped to render care or service conducive to the welfare 9
of children or to render recreational activities to 10
children. Each license shall specify the effective date and 11
whether the license is temporary, the kind of child-care 12
services the licensee is authorized to perform, the number 13
of children that can be received or maintained, and their 14
ages; 15
(2) To inspect the conditions of the homes and other 16
places in which the applicant operates a child care facility 17
or to inspect the conditions of the property in which the 18
person or organization operates a summer camp or day camp, 19
inspect their books and records, premises and children being 20
served, examine their officers and agents, deny, suspend, 21
place on probation or revoke the license of such persons as 22
fail to obey the provisions of sections 210.201 to 210.245 23
or the rules and regulations made by the department of 24
elementary and secondary education. The commissioner also 25
may revoke or suspend a license when the licensee surrenders 26
the license; 27
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(3) To promulgate and issue rules and regulations the 28
department deems necessary or proper in order to establish 29
standards of service and care to be rendered by such 30
licensees to children. No rule or regulation promulgated by 31
the department shall in any manner restrict or interfere 32
with any religious instruction, philosophies or ministries 33
provided by the facility and shall not apply to facilities 34
operated by religious organizations which are not required 35
to be licensed; 36
(4) To approve training concerning the safe sleep 37
recommendations of the American Academy of Pediatrics in 38
accordance with section 210.223; and 39
(5) To determine what records shall be kept by such 40
persons or organizations and the form thereof, and the 41
methods to be used in keeping such records, and to require 42
reports to be made to the department at regular intervals. 43
2. (1) In addition to the powers and duties under 44
subsection 1 of this section, the department of elementary 45
and secondary education has the power and duty to grant a 46
temporary child care license. The temporary child care 47
license shall be granted to a child care provider who: 48
(a) Is not on probation or has not been on probation 49
within the last twelve months; 50
(b) Is not in the process of having a license revoked 51
or has not had a license revoked within the last twelve 52
months; or 53
(c) Does not have a current letter of censure; 54
upon submittal of a complete license application to the 55
department of elementary and secondary education by the 56
child care provider, to expand an existing site or to add a 57
new location. 58
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(2) The child care provider shall complete all of the 59
following in order to obtain a temporary child care license 60
to expand an existing site or add a new location: 61
(a) State and local fire inspections as provided under 62
section 210.252; 63
(b) State and local sanitation inspections as provided 64
under section 210.252; 65
(c) City inspections; 66
(d) Staff background checks and health screenings; and 67
(e) Required staff training and any ongoing required 68
training. 69
(3) Prior to obtaining a temporary child care license 70
under this subsection for another facility, the child care 71
provider shall have operated a child care facility for at 72
least thirteen months. The new facility shall be subject to 73
an inspection, without notification of the inspection, by 74
the office of childhood within sixty days of the opening of 75
the new facility. 76
(4) Temporary child care licenses shall be valid for a 77
duration of no longer than twelve months from the date of 78
issuance or until the department makes a final determination 79
on full licensure. 80
(5) If the child care facility is an existing child 81
care facility but there is a change in ownership of the 82
facility, such facility shall be subject to an inspection, 83
without notification of the inspection, by the office of 84
childhood within sixty days of the change in ownership. 85
3. Any child care facility, summer camp, or day camp 86
may request a variance from a rule or regulation promulgated 87
pursuant to this section. The request for a variance shall 88
be made in writing to the department of elementary and 89
secondary education and shall include the reasons the 90
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facility or camp is requesting the variance. The department 91
shall approve any variance request that does not endanger 92
the health or safety of the children served by the facility 93
or camp. The burden of proof at any appeal of a disapproval 94
of a variance application shall be with the department of 95
elementary and secondary education. Local inspectors may 96
grant a variance, subject to approval by the department of 97
elementary and secondary education. 98
4. The department shall deny, suspend, place on 99
probation or revoke a license if it receives official 100
written notice that the local governing body has found that 101
license is prohibited by any local law related to the health 102
and safety of children. The department may deny an 103
application for a license if the department determines that 104
a home or other place in which an applicant would operate a 105
child care facility, summer camp, or day camp is located 106
within one thousand feet of any location where a person 107
required to register under sections 589.400 to 589.425 108
either resides, as that term is defined in subsection 3 of 109
section 566.147, or regularly receives treatment or 110
services, excluding any treatment or services delivered in a 111
hospital, as that term is defined in section 197.020, or in 112
facilities owned or operated by a hospital system. The 113
department may, after inspection, find the licensure, denial 114
of licensure, suspension or revocation to be in the best 115
interest of the state. 116
5. Any rule or portion of a rule, as that term is 117
defined in section 536.010, that is created under the 118
authority delegated in sections 210.201 to 210.245 shall 119
become effective only if it complies with and is subject to 120
all of the provisions of chapter 536 and, if applicable, 121
section 536.028. All rulemaking authority delegated prior 122
SB 1642 21
to August 28, 1999, is of no force and effect and repealed. 123
Nothing in this section shall be interpreted to repeal or 124
affect the validity of any rule filed or adopted prior to 125
August 28, 1999, if it fully complied with all applicable 126
provisions of law. This section and chapter 536 are 127
nonseverable and if any of the powers vested with the 128
general assembly pursuant to chapter 536 to review, to delay 129
the effective date, or to disapprove and annul a rule are 130
subsequently held unconstitutional, then the grant of 131
rulemaking authority and any rule proposed or adopted after 132
August 28, 1999, shall be invalid and void. 133
210.231. The department of elementary and secondary 1
education may designate to act for it, with full authority 2
of law, any instrumentality of any political subdivision of 3
the state of Missouri deemed by the department of elementary 4
and secondary education to be competent, to investigate and 5
inspect licensees and applicants for a license. Local 6
inspection of child care facilities, summer camps, or day 7
camps may be accomplished if the standards employed by local 8
personnel are substantially equivalent to state standards 9
and local personnel are available for enforcement of such 10
standards. 11
210.245. 1. Any person who violates any provision of 1
sections 210.201 to 210.245, or who for such person or for 2
any other person makes materially false statements in order 3
to obtain a license or the renewal thereof pursuant to 4
sections 210.201 to 210.245, shall be guilty of a class C 5
misdemeanor for the first offense and shall be assessed a 6
fine not to exceed seven hundred fifty dollars and shall be 7
guilty of a class A misdemeanor and shall be assessed a fine 8
of up to two thousand dollars per day, not to exceed a total 9
of ten thousand dollars for subsequent offenses. In case 10
SB 1642 22
such guilty person is a corporation, association, 11
institution or society, the officers thereof who participate 12
in such misdemeanor shall be subject to the penalties 13
provided by law. 14
2. If the department of elementary and secondary 15
education proposes to deny, suspend, place on probation or 16
revoke a license, the department of elementary and secondary 17
education shall serve upon the applicant or licensee written 18
notice of the proposed action to be taken. The notice shall 19
contain a statement of the type of action proposed, the 20
basis for it, the date the action will become effective, and 21
a statement that the applicant or licensee shall have thirty 22
days to request in writing a hearing before the 23
administrative hearing commission and that such request 24
shall be made to the department of elementary and secondary 25
education. If no written request for a hearing is received 26
by the department of elementary and secondary education 27
within thirty days of the delivery or mailing by certified 28
mail of the notice to the applicant or licensee, the 29
proposed discipline shall take effect on the thirty-first 30
day after such delivery or mailing of the notice to the 31
applicant or licensee. If the applicant or licensee makes a 32
written request for a hearing, the department of elementary 33
and secondary education shall file a complaint with the 34
administrative hearing commission within ninety days of 35
receipt of the request for a hearing. 36
3. The department of elementary and secondary 37
education may issue letters of censure or warning without 38
formal notice or hearing. Additionally, the department of 39
elementary and secondary education may place a licensee on 40
probation pursuant to chapter 621. 41
SB 1642 23
4. The department of elementary and secondary 42
education may suspend any license simultaneously with the 43
notice of the proposed action to be taken in subsection 2 of 44
this section, if the department of elementary and secondary 45
education finds that there is a threat of imminent bodily 46
harm to the children in care. The notice of suspension 47
shall include the basis of the suspension and the appeal 48
rights of the licensee pursuant to this section. The 49
licensee may appeal the decision to suspend the license to 50
the department of elementary and secondary education. The 51
appeal shall be filed within ten days from the delivery or 52
mailing by certified mail of the notice of appeal. A 53
hearing shall be conducted by the department of elementary 54
and secondary education within ten days from the date the 55
appeal is filed. The suspension shall continue in effect 56
until the conclusion of the proceedings, including review 57
thereof, unless sooner withdrawn by the department of 58
elementary and secondary education, dissolved by a court of 59
competent jurisdiction or stayed by the administrative 60
hearing commission. Any person aggrieved by a final 61
decision of the department made pursuant to this section 62
shall be entitled to judicial review in accordance with 63
chapter 536. 64
5. In addition to initiating proceedings pursuant to 65
subsection 1 of this section, or in lieu thereof, the 66
prosecuting attorney of the county where the child-care 67
facility, summer camp, or day camp is located may file suit 68
for a preliminary and permanent order overseeing or 69
preventing the operation of a child-care facility, summer 70
camp, or day camp for violating any provision of sections 71
210.201 to 210.245. The order shall remain in force until 72
such a time as the court determines that the child-care 73
SB 1642 24
facility, summer camp, or day camp is in substantial 74
compliance. If the prosecuting attorney refuses to act or 75
fails to act after receipt of notice from the department of 76
elementary and secondary education, the department of 77
elementary and secondary education may request that the 78
attorney general seek an injunction of the operation of such 79
child-care facility, summer camp, or day camp. 80
6. In cases of imminent bodily harm to children in the 81
care of a child-care facility, summer camp, or day camp, 82
including an unlicensed, nonexempt facility, the department 83
may file suit in the circuit court of the county in which 84
the child-care facility, summer camp, or day camp is located 85
for injunctive relief, which may include removing the 86
children from the facility or camp, overseeing the operation 87
of the facility or camp, or closing the facility or camp. 88
Failure by the department to file suit under the provisions 89
of this subsection shall not be construed as creating any 90
liability in tort or incurring other obligations or duties 91
except as otherwise specified. 92
7. Any person who operates an unlicensed, nonexempt 93
child-care facility, summer camp, or day camp in violation 94
of the provisions of sections 210.201 to 210.245 shall be 95
liable for a civil penalty of not less than seven hundred 96
fifty dollars and not more than two thousand dollars. The 97
department shall serve upon such person written notice of 98
the department's findings as to the child-care facility's 99
unlicensed, nonexempt status, along with educational 100
materials about Missouri's child-care facility laws and 101
regulations, how a facility may become exempt or licensed, 102
and penalties for operating an unlicensed, nonexempt child- 103
care facility. The notice shall contain a statement that 104
the person shall have thirty days to become compliant with 105
SB 1642 25
sections 210.201 to 210.245, including attaining exempt 106
status or becoming licensed. The person's failure to do so 107
shall result in a civil action in the circuit court of Cole 108
County or criminal charges under this section. If, following 109
the receipt of the written notice, the person operating the 110
child-care facility fails to become compliant with sections 111
210.201 to 210.245, the department may bring a civil action 112
in the circuit court of Cole County against such person. 113
The department may, but shall not be required to, request 114
that the attorney general bring the action in place of the 115
department. No civil action provided by this subsection 116
shall be brought if the criminal penalties under subsection 117
1 of this section have been previously ordered against the 118
person for the same violation. Failure by the department to 119
file suit under the provisions of this subsection shall not 120
be construed as creating any liability in tort or incurring 121
other obligations or duties except as otherwise specified. 122
8. There shall be established the "Family Child Care 123
Provider Fund" in the state treasury, which shall consist of 124
such funds as appropriated by the general assembly. The 125
state treasurer shall be custodian of the fund. In 126
accordance with sections 30.170 and 30.180, the state 127
treasurer may approve disbursements. The fund shall be a 128
dedicated fund and moneys in the fund shall be used solely 129
by the department for the dissemination of information 130
concerning compliance with child-care facility, summer camp, 131
or day camp laws and regulations, including licensed or 132
exempt status; educational initiatives relating to, inter 133
alia, child care, safe sleep practices, and child nutrition; 134
and the provision of financial assistance on the basis of 135
need for family child-care homes to become licensed, as 136
determined by the department and subject to available moneys 137
SB 1642 26
in the fund. Notwithstanding the provisions of section 138
33.080 to the contrary, any moneys remaining in the fund at 139
the end of the biennium shall not revert to the credit of 140
the general revenue fund. The state treasurer shall invest 141
moneys in the fund in the same manner as other funds are 142
invested. Any interest and moneys earned on such 143
investments shall be credited to the fund. 144
210.252. 1. All buildings and premises used by a 1
child-care facility to care for more than six children 2
except those exempted from the licensing provisions of the 3
department of elementary and secondary education pursuant to 4
subdivisions (1) to [(16)] (15) of subsection 1 of section 5
210.211[,] or all buildings and premises used by a summer 6
camp or day camp shall be inspected annually for fire and 7
safety by the state fire marshal, the marshal's designee or 8
officials of a local fire district and for health and 9
sanitation by the department of elementary and secondary 10
education or the department's designee, including officials 11
of the department of health and senior services, or 12
officials of the local health department. Evidence of 13
compliance with the inspections required by this section 14
shall be kept on file and available to parents of children 15
enrolling in the child-care facility. 16
2. Local inspection of child-care facilities, summer 17
camps, or day camps may be accomplished if the standards 18
employed by local personnel are substantially equivalent to 19
state standards and local personnel are available for 20
enforcement of such standards. 21
3. Any child-care facility, summer camp, or day camp 22
may request a variance from a rule or regulation promulgated 23
pursuant to this section. The request for a variance shall 24
be made in writing to the department of elementary and 25
SB 1642 27
secondary education and shall include the reasons the 26
facility or camp is requesting the variance. The department 27
shall approve any variance request that does not endanger 28
the health or safety of the children served by the facility 29
or camp. The burden of proof at any appeal of a disapproval 30
of a variance application shall be with the department of 31
elementary and secondary education. Local inspectors may 32
grant a variance, subject to approval by the department of 33
elementary and secondary education. 34
4. The department of elementary and secondary 35
education shall administer the provisions of sections 36
210.252 to 210.256, with the cooperation of the state fire 37
marshal, the department of health and senior services, local 38
fire departments and local health agencies. 39
5. The department of elementary and secondary 40
education shall promulgate rules and regulations to 41
implement and administer the provisions of sections 210.252 42
to 210.256. Such rules and regulations shall provide for 43
the protection of children in all child-care facilities, 44
summer camps, or day camps whether or not such facility or 45
camp is subject to the licensing provisions of sections 46
210.201 to 210.245. 47
6. The department of health and senior services, after 48
consultation with the department of elementary and secondary 49
education, may promulgate rules and regulations to implement 50
and administer the provisions of this section related to 51
sanitation requirements. Such rules and regulations shall 52
provide for the protection of children in all child-care 53
facilities, summer camps, or day camps whether or not such 54
facility or camp is subject to the licensing provisions of 55
sections 210.201 to 210.245. 56
SB 1642 28
7. Any rule or portion of a rule, as that term is 57
defined in section 536.010, that is created under the 58
authority delegated in sections 210.252 to 210.256 shall 59
become effective only if it complies with and is subject to 60
all of the provisions of chapter 536 and, if applicable, 61
section 536.028. All rulemaking authority delegated prior 62
to August 28, 1999, is of no force and effect and repealed. 63
Nothing in this section shall be interpreted to repeal or 64
affect the validity of any rule filed or adopted prior to 65
August 28, 1999, if it fully complied with all applicable 66
provisions of law. This section and chapter 536 are 67
nonseverable and if any of the powers vested with the 68
general assembly pursuant to chapter 536 to review, to delay 69
the effective date or to disapprove and annul a rule are 70
subsequently held unconstitutional, then the grant of 71
rulemaking authority and any rule proposed or adopted after 72
August 28, 1999, shall be invalid and void. 73
210.256. 1. Any person who violates any provision of 1
sections 210.252 to 210.255, or who for such person or for 2
any other person makes a materially false statement in the 3
notice of parental responsibility required by sections 4
210.254 and 210.255, shall be guilty of an infraction for 5
the first offense and shall be assessed a fine not to exceed 6
two hundred dollars and shall be guilty of a class A 7
misdemeanor for subsequent offenses. In case such guilty 8
person is a corporation, association, institution, or 9
society, the officers thereof who participate in such 10
violation shall be subject to the same penalties. 11
2. In addition to initiating proceedings pursuant to 12
subsection 1 of this section, or in lieu thereof, the 13
prosecuting attorney of the county where the child-care 14
facility, summer camp, or day camp is located may file suit 15
SB 1642 29
for a preliminary and permanent order overseeing or 16
preventing the operation of a child-care facility, summer 17
camp, or day camp for violating any provision of section 18
210.252. The injunction shall remain in force until such 19
time as the court determines that the child-care facility, 20
summer camp, or day camp is in substantial compliance. 21
3. In cases of imminent bodily harm to children in the 22
care of a child-care facility, summer camp, or day camp, the 23
department of elementary and secondary education may apply 24
to the circuit court of the county in which the child-care 25
facility, summer camp, or day camp is located for injunctive 26
relief, which may include removing the children from the 27
facility or camp, overseeing the operation of the facility 28
or camp, or closing the facility or camp. 29
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