Read the full stored bill text
SECOND REGULAR SESSION
SENATE BILL NO. 911
103RD GENERAL ASSEMBLY
INTRODUCED BY SENATOR SCHNELTING.
4382S.01I KRISTINA MARTIN, Secretary
AN ACT
To 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 1
one new section, to be known as section 210.497, to read as 2
follows:3
210.497. 1. (1) In lieu of a license required under 1
this chapter, a child care facility or organization that 2
meets the requirements set forth by a qualified association 3
may register with a qualified association that: 4
(a) Is a well-established child care organization that 5
has been in place for a minimum of twenty years; 6
(b) Publishes and requires compliance with the 7
association's written policies and standards for the care of 8
children; 9
(c) Files copies of the policies and standards with 10
the children's division as required under this section; and 11
(d) Has a board of directors able to conduct oversight 12
of member organizations. 13
(2) Registration with a qualified association shall 14
consist of annually filing with the qualified association, 15
on forms provided by the qualified association, the name and 16
address of the facility or organization; the capacity of, 17
SB 911 2
and the number of children being cared for in, the facility 18
or organization; the names and addresses of the officers and 19
the board of directors or other governing body of the 20
facility or organization, if applicable; the name of the 21
owner, operator, director, or person in charge of the 22
facility or organization; and proof that the facility or 23
organization is in compliance with the standards required by 24
applicable state law or local ordinance for fire, safety, 25
health, and sanitary standards and for screening of 26
personnel. A separate registration form shall be filed for 27
each such facility or organization. 28
(3) A registered facility or organization that meets 29
the requirements set forth by the qualified association may 30
apply to the children's division for eligibility to accept 31
foster children from the division. Each registered facility 32
or organization that accepts foster children shall annually 33
provide to the division the names, ages, and permanent 34
addresses of foster children who are cared for in or by the 35
facility or organization and the children who have been 36
cared for in or by the facility or organization during the 37
past calendar year; the length of the child's stay and the 38
nature of the child's placement; the names of all personnel; 39
and proof that the facility or organization is in compliance 40
with all applicable regulations promulgated by the division 41
and published minimum standards that are filed with the 42
division. Each facility or organization shall have the 43
responsibility to maintain the relevant information 44
described in this subdivision for privately placed children 45
and to confirm that such facility or organization has done 46
so on the registration application, as well as to confirm 47
that state law shall be followed in the event of an 48
allegation of abuse or neglect. 49
SB 911 3
(4) Upon verification that all requirements for 50
registration have been met, the qualified association shall 51
issue without charge a certificate of registration to the 52
facility or organization. The certificate of registration 53
shall be valid for two years. 54
2. The standards developed by the qualified 55
association shall ensure child welfare and include clear 56
guidelines for safety, investigational procedures, 57
complaints, allegations of abuse or neglect, local health 58
and safety requirements and written policies, as well as 59
policies on regular background checks for screening 60
employees of participating facilities in addition to any 61
such requirements under state and federal law. 62
3. Each child served by a facility or organization 63
that registers under this section shall be covered by a 64
written contract executed at the time of admission into the 65
facility or organization or prior to admission between the 66
facility or organization and the parent, legal guardian, or 67
agency having legal custody of the child. The parent, legal 68
guardian, or agency having legal custody of the child shall 69
be given a copy of the contract at the time of its 70
execution, and the facility or organization shall retain the 71
original contract. Each contract shall: 72
(1) Enumerate the provision of services and 73
accommodations provided by the facility or organization; 74
(2) State that the facility or organization is 75
registered under the provisions of this section; 76
(3) Contain the address and telephone number of the 77
qualified association; 78
(4) Specify the financial charges, if any, to the 79
parent, legal guardian, or agency having legal custody of 80
the child; 81
SB 911 4
(5) Contain a clear statement regarding disciplinary 82
procedures; and 83
(6) Authorize the owner, operator, director, or person 84
in charge, or his or her designee, of the facility or 85
organization to consent to routine and emergency medical 86
care on behalf of the parent, legal guardian, or agency 87
having legal custody of the child, provided the owner, 88
operator, director, or person in charge, or his or her 89
designee, of the facility or organization shall immediately 90
notify the parent, legal guardian, or agency having legal 91
custody of the child of medical care being provided on his 92
or her behalf, and provided that the facility or 93
organization shall obtain specific consent for nonemergency 94
medical care from any agency having legal custody of the 95
child when feasible. 96
A copy of the contract signed by the parent or guardian 97
shall be filed with the qualified association within ten 98
days after the child enters the facility or organization. 99
All contracts between the facility or organization and an 100
agency with legal custody shall be individualized contracts 101
based on assessments of the best interests of each child. 102
4. (1) There is hereby established the "Child 103
Protection Board" within the department of social services 104
to provide oversight of facilities and organizations 105
registered with qualified associations under this section 106
and to report to the director of the department as needed. 107
The board shall consist of thirteen members. The board 108
shall consist of eleven members appointed by the governor 109
with the advice and consent of the senate, without regard to 110
political affiliation. Two members shall be members of the 111
house of representatives, one from each party appointed by 112
SB 911 5
the speaker of the house of representatives. The members of 113
the board shall serve for a term of four years. 114
(2) The board shall be composed of: 115
(a) Two foster parents; 116
(b) A member in a leadership position of a faith-based 117
child care agency, provided that such agency has been in 118
existence at least twenty years; 119
(c) Five members of faith-based child care agencies; 120
(d) A member with expertise in nutrition; 121
(e) A teacher with a certificate of license to teach 122
issued by the state board of education or any other educator 123
or administrator required to maintain a professional license 124
issued by the state board of education; and 125
(f) A guardian ad litem. 126
Faith-based child care agencies, foster care agencies, child 127
welfare associations, mental health organizations, and 128
similar entities may recommend members for appointment. 129
(3) The board shall hold an annual meeting at which it 130
shall elect from its membership a chair and secretary. The 131
chair may call for additional meetings as may be required, 132
provided that notice of every meeting shall be given to each 133
member at least ten days prior to the date of the meeting. 134
(4) The board shall establish procedures, provide 135
written opinions and recommendations as to any changes to 136
the standards to the children's division, and provide policy 137
suggestions for improvement to the department of social 138
services and to facilities or organizations. 139
(5) For any complaint or allegation of child abuse or 140
neglect at a facility or organization in which a facility or 141
organization registered under this section could be 142
aggrieved by the substantiated finding of abuse or neglect 143
SB 911 6
by the children's division, the board shall independently 144
review the decision and make recommendations to the division 145
regarding whether any action should be taken affecting the 146
registration of the facility or organization. Nothing in 147
this subdivision shall be construed to deny the state the 148
authority to investigate any allegations of child abuse or 149
neglect. 150
(6) The board may recommend to the director of the 151
children's division that the director place a participating 152
facility or organization on a corrective action plan or 153
deny, suspend, or revoke the registration of a participating 154
facility or organization that fails to comply with the 155
standards established by the qualified association or 156
regulations promulgated to implement the provisions of this 157
section. 158
(7) The director of the children's division may place 159
a participating facility or organization on a corrective 160
action plan or revoke, suspend, or deny a registration of a 161
participating or prospective facility or organization upon 162
the finding that the facility or organization knowingly 163
allowed personnel or other persons subject to background 164
checks under section 210.493 to work, volunteer, or engage 165
in any prohibited activity at the facility or organization 166
without eligibility determinations; violations of the 167
regulations promulgated to implement the provisions of this 168
section; or findings of abuse or neglect occurring within 169
the facility or organization. The director shall retain the 170
decision-making authority to supersede any other 171
recommendation. The director shall not arbitrarily or 172
capriciously revoke, suspend, or deny a registration of a 173
participating or prospective facility or organization. The 174
participating or prospective facility or organization shall 175
SB 911 7
retain the right to appeal to the administrative hearing 176
commission for a final determination under chapter 621. 177
(8) The children's division shall notify the board and 178
the qualified association within ten days of the suspension 179
or revocation of the registration. 180
(9) The board shall make any other recommendations to 181
participating facilities or organizations and to the 182
children's division as the board deems appropriate. 183
5. Any facility or organization that meets the 184
requirements of the qualified association may apply for a 185
license under this chapter. A facility or organization that 186
has applied for and received a license is no longer eligible 187
to operate under the provisions of this section. 188
6. After a facility or organization obtains a 189
registration under this section, a child shall be allowed to 190
be placed by the children's division within the facility or 191
organization provided the facility or organization complies 192
with the regulations promulgated to implement the provisions 193
of this section. 194
7. All personnel, whether paid or unpaid, of any 195
facility or organization registered under this section shall 196
undergo background checks as provided under section 210.493. 197
8. Nothing in this section shall be construed to 198
negate the necessity of facilities that have registered with 199
the qualified association from following applicable state 200
law and local ordinance pertaining to health, safety, and 201
sanitary standards, and for the screening of both paid and 202
unpaid personnel. 203
9. The children's division shall promulgate 204
regulations to implement the provisions of this section. 205
This section shall not be effective until the regulations 206
SB 911 8
are promulgated. These rules shall be promulgated by August 207
28, 2027. 208
10. Any rule or portion of a rule, as that term is 209
defined in section 536.010, that is created under the 210
authority delegated in this section shall become effective 211
only if it complies with and is subject to all of the 212
provisions of chapter 536 and, if applicable, section 213
536.028. This section and chapter 536 are nonseverable and 214
if any of the powers vested with the general assembly 215
pursuant to chapter 536 to review, to delay the effective 216
date, or to disapprove and annul a rule are subsequently 217
held unconstitutional, then the grant of rulemaking 218
authority and any rule proposed or adopted after August 28, 219
2026, shall be invalid and void. 220
✓