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Missouri Senate Bill SB1111

Missouri 2024 Regular Session

Missouri Senate Bill SB1111 Compare Versions

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22 EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
33 and is intended to be omitted in the law.
44 SECOND REGULAR SESSION
5-[TRULY AGREED TO AND FINALLY PASSED ]
5+[PERFECTED]
66 SENATE SUBSTITUTE FOR
77 SENATE BILL NO. 1111
88 102ND GENERAL ASSEMBLY
9-2024
10-4268S.03T
9+INTRODUCED BY SENATOR BLACK.
10+4268S.03P KRISTINA MARTIN, Secretary
1111 AN ACT
1212 To repeal sections 210.201, 210.211, 210.252, and 210.275, RSMo, and to enact in lieu thereof ten
1313 new sections relating to the regulation of child care.
1414
1515 Be it enacted by the General Assembly of the State of Missouri, as follows:
1616 Section A. Sections 210.201, 210.211, 210.252, and 1
1717 210.275, RSMo, are repealed and ten new sections enacted in 2
1818 lieu thereof, to be known as sections 192.2550, 192.2552, 3
1919 192.2554, 192.2556, 192.2558, 192.2560, 210.201, 210.211, 4
2020 210.252, and 210.275, to read as follows:5
2121 192.2550. As used in sections 192.2550 to 192.2560, 1
2222 the following terms mean: 2
2323 (1) "Child", an individual who is under the age of 3
2424 seventeen; 4
2525 (2) "Department", the department of health and senior 5
2626 services; 6
2727 (3) "Eligible child", an individual who is under the 7
2828 age of six years and has complex medical needs requiring 8
2929 continuous skilled nursing intervention of at least four 9
3030 hours per day, as ordered by a physician; 10
3131 (4) "Person", any individual, firm, corporation, 11
32-partnership, association, agency, incorporated or 12
32+partnership, association, agency, incorporated or 12 SS SB 1111 2
3333 unincorporated organization, or other legal ent ity, 13
34-regardless of the na me used; 14 SS SB 1111 2
34+regardless of the name used; 14
3535 (5) "Prescribed pediatric extended care facility", a 15
3636 facility providing medically necessary multidisciplinary 16
3737 services to eligible children in a child care facility 17
3838 licensed by the department of elementary and se condary 18
3939 education under chapter 210. Multidisciplinary services 19
4040 include skilled nursing, personal care, nutritional 20
4141 assessment, developmental assessment, and speech, physical, 21
4242 and occupational therapy services, as ordered by a physician; 22
4343 (6) "Prescribed pediatric extended care provider" or 23
4444 "provider", the person or persons licensed or required to be 24
4545 licensed under sections 192.2550 to 192.2560 to establish, 25
4646 conduct, or maintain, a prescribed pediatric extended care 26
4747 facility. 27
4848 192.2552. 1. Beginning on August 28, 2025, it shall 1
4949 be unlawful for any person to establish, maintain, or 2
5050 operate a prescribed pediatric extended care facility, or to 3
5151 advertise or hold himself or herself out as being able to 4
5252 perform any of the serv ices of a prescribed pediatric 5
5353 extended care facility, without having in effect a written 6
5454 license granted by the department. 7
5555 2. Nothing in sections 192.2550 to 192.2560 shall be 8
5656 construed to apply to: 9
5757 (1) Any child care facility that provide s care to 10
5858 eligible children with a caregiver staffing ratio of not 11
5959 fewer than one licensed nurse present for every one eligible 12
6060 child present, unless said facility voluntarily applies for 13
6161 licensure as a prescribed pediatric extended care facility; 14
6262 (2) Any hospital, sanitarium, or home that is 15
6363 conducted in good faith primarily to provide medical 16
64-treatment or nursing or convalescent care for children; or 17
64+treatment or nursing or convalescent care for children; or 17 SS SB 1111 3
6565 (3) Any program licensed by the department of mental 18
66-health under sections 630.705 to 630.760 that provides care, 19 SS SB 1111 3
66+health under sections 630.705 to 6 30.760 that provides care, 19
6767 treatment, and habilitation exclusively to children who have 20
6868 a primary diagnosis of mental disorder, mental illness, 21
6969 intellectual disability, or developmental disability, as 22
7070 those terms are defined in section 630.005. 23
7171 192.2554. 1. The department shall have the following 1
7272 powers and duties: 2
7373 (1) After inspection, to grant licenses to persons to 3
7474 operate prescribed pediatric extended care facilities if 4
7575 satisfied as to the good character and int ent of the 5
7676 applicant and that such applicant is qualified and equipped 6
7777 to render care or service conducive to the welfare of 7
7878 children; 8
7979 (2) To inspect the conditions of the places in which 9
8080 the applicant operates a prescribed pediatric extended car e 10
8181 facility; inspect their books and records, premises, and 11
8282 numbers of children to be served, provided that the 12
8383 department shall not interview a child without the consent 13
8484 of the child's parents or guardian; examine their officers 14
8585 and agents; and deny, immediately suspend, place on 15
8686 probation, or revoke the license of such persons as fail to 16
8787 obey the provisions of sections 192.2550 to 192.2560. The 17
8888 director may revoke or suspend a license when the licensee 18
8989 surrenders the license; and 19
9090 (3) To promulgate rules and regulations the department 20
9191 deems necessary or proper in order to establish standards of 21
9292 service and care to be rendered by such licensees to 22
9393 children. Such rules and regulations shall include, at a 23
9494 minimum, requirements related to th e following: 24
9595 (a) Staffing; 25
96- (b) Fire safety; 26
96+ (b) Fire safety; 26 SS SB 1111 4
9797 (c) Sanitation, including infection control; 27
98- (d) Equipment; and 28 SS SB 1111 4
98+ (d) Equipment; and 28
9999 (e) Record keeping. 29
100100 2. (1) The department shall have the right to enter 30
101101 the premises of any prescribed pediatr ic extended care 31
102102 facility or potential facility pursuant to an announced 32
103103 inspection at any time during the hours of operation of a 33
104104 facility to determine compliance with sections 192.2550 to 34
105105 192.2560 and applicable rules promulgated pursuant thereto. 35
106106 Entry shall also be granted for investigative purposes 36
107107 involving complaints regarding the operations of a 37
108108 prescribed pediatric extended care facility. The department 38
109109 may make inspections, announced to the applicant for or 39
110110 holder of a license twenty -four hours in advance of the 40
111111 inspection, as it deems necessary to carry out the 41
112112 provisions of sections 192.2550 to 192.2560. 42
113113 (2) Notwithstanding the provisions of subdivision (1) 43
114114 of this subsection, the department may make unannounced 44
115115 inspections as necessary to investigate allegations of abuse 45
116116 or neglect of a child served by the facility. 46
117117 3. The applicant for or holder of a license shall 47
118118 cooperate with the investigation and inspection. 48
119119 4. Failure to comply with any lawful request of t he 49
120120 department in connection with the investigation and 50
121121 inspection is a ground for refusal to issue a license or for 51
122122 the revocation of a license. 52
123123 5. Any prescribed pediatric extended care facility may 53
124124 request a variance from a rule or regulation p romulgated 54
125125 pursuant to sections 192.2550 to 192.2560. The request for 55
126126 a variance shall be made in writing to the department and 56
127127 shall include the reasons the facility is requesting the 57
128-variance. The department shall not approve any variance 58
128+variance. The department shall not approve any variance 58 SS SB 1111 5
129129 request that endangers the health or safety of the children 59
130-served by the facility. 60 SS SB 1111 5
130+served by the facility. 60
131131 6. Any rule or portion of a rule, as that term is 61
132132 defined in section 536.010, that is created under the 62
133133 authority delegated in sections 192.2550 to 192.2560 shall 63
134134 become effective only if it complies with and is subject to 64
135135 all of the provisions of chapter 536 and, if applicable, 65
136136 section 536.028. This section and chapter 536 are 66
137137 nonseverable and if any of the powers vested with the 67
138138 general assembly pursuant to chapter 536 to review, to delay 68
139139 the effective date, or to disapprove and annul a rule are 69
140140 subsequently held unconstitutional, then the grant of 70
141141 rulemaking authority and any rule proposed or adopted after 71
142142 August 28, 2024, shall be invalid and void. 72
143143 192.2556. 1. All applicants for or holders of a 1
144144 license to operate a prescribed pediatric extended care 2
145145 facility shall have an active, nonsuspended license to 3
146146 operate a child care facility issued by the department of 4
147147 elementary and secondary e ducation. 5
148148 2. All persons employed by the prescribed pediatric 6
149149 extended care facility for compensation, including contract 7
150150 employees or self-employed individuals, and individuals or 8
151151 volunteers whose activities involve the care or supervision 9
152152 of children for a prescribed pediatric extended care 10
153153 provider or unsupervised access to children who are cared 11
154154 for or supervised by a prescribed pediatric extended care 12
155155 provider shall be considered a child care staff member, as 13
156156 that term is defined in secti on 210.1080, and shall comply 14
157157 with all requirements under that section and regulations 15
158158 promulgated pursuant thereto. 16
159159 192.2558. 1. If the department proposes to deny, 1
160-place on probation, or revoke a license, the department 2
160+place on probation, or revoke a license, the department 2 SS SB 1111 6
161161 shall serve upon the applicant or licensee written notice of 3
162-the proposed action to be taken. The notice shall contain a 4 SS SB 1111 6
162+the proposed action to be taken. The notice shall contain a 4
163163 statement of the type of action proposed, the basis for it, 5
164164 the date the action will become effective, and a statement 6
165165 that the applicant o r licensee shall have thirty days to 7
166166 request in writing a hearing before the administrative 8
167167 hearing commission and that such request shall be made to 9
168168 the department. If no written request for a hearing is 10
169169 received by the department within thirty days of the 11
170170 delivery or mailing by certified mail of the notice to the 12
171171 applicant or licensee, then the proposed discipline shall 13
172172 take effect on the thirty -first day after such delivery or 14
173173 mailing of the notice to the applicant or licensee. If the 15
174174 applicant or licensee makes a written request for a hearing, 16
175175 the department shall file a complaint with the 17
176176 administrative hearing commission within thirty days of 18
177177 receipt of the request for a hearing. 19
178178 2. The department shall immediately suspend and 20
179179 propose to revoke any prescribed pediatric extended care 21
180180 facility license if the department of elementary and 22
181181 secondary education immediately suspends the licensee's 23
182182 license to operate a child care facility. The immediate 24
183183 suspension of the license to oper ate a child care facility 25
184184 shall be sufficient grounds for the department of health and 26
185185 senior services to immediately suspend and revoke the 27
186186 prescribed pediatric extended care license. 28
187187 3. The department shall immediately suspend and 29
188188 propose to revoke any prescribed pediatric extended care 30
189189 license if the department of elementary and secondary 31
190190 education revokes the licensee's license to operate a child 32
191191 care facility. The revocation of the license to operate a 33
192-child care facility shall be sufficient grounds for the 34
193-department of health and senior services to immediately 35 SS SB 1111 7
192+child care facility shall be suffic ient grounds for the 34 SS SB 1111 7
193+department of health and senior services to immediately 35
194194 suspend and revoke the prescribed pediatric extended care 36
195195 license. 37
196196 4. The department may immediately suspend any license 38
197197 simultaneously with the notice of the proposed a ction to be 39
198198 taken in subsection 1 of this section if the department 40
199199 finds that there is a threat of imminent bodily harm to the 41
200200 children in the care of the prescribed pediatric extended 42
201201 care facility. 43
202202 5. The notice of immediate suspension shall i nclude 44
203203 the basis of the immediate suspension and the appeal rights 45
204204 of the licensee pursuant to this section. The licensee may 46
205205 appeal the decision to immediately suspend the license to 47
206206 the department. The appeal shall be filed within ten days 48
207207 from the delivery or mailing by certified mail of the notice 49
208208 of appeal. A hearing shall be conducted by the department 50
209209 within fifteen days from the date the appeal is filed. The 51
210210 immediate suspension shall continue in effect until the 52
211211 conclusion of the proce edings, including review thereof, 53
212212 unless sooner withdrawn by the department or stayed by a 54
213213 court of competent jurisdiction. 55
214214 6. Any person aggrieved by a final decision of the 56
215215 department made in the administration of sections 192.2550 57
216216 to 192.2560 shall be entitled to judicial review thereof as 58
217217 provided in chapter 536. 59
218218 7. In cases of imminent bodily harm to children in the 60
219219 care of a prescribed pediatric extended care facility, 61
220220 including an unlicensed facility not exempt under section 62
221221 192.2552, the department may file suit in the circuit court 63
222222 of the county in which the prescribed pediatric extended 64
223223 care facility is located for injunctive relief, which may 65
224-include removing children from the facility, overseeing the 66
225-operation of the facility, or closing the facility. The 67 SS SB 1111 8
224+include removing children from the facility, overseeing the 66 SS SB 1111 8
225+operation of the facil ity, or closing the facility. The 67
226226 department may request that the attorney general bring the 68
227227 action in place of the department. Failure by the 69
228228 department to file suit under the provisions of this 70
229229 subsection shall not be construed as creating any civi l 71
230230 liability or incurring other obligations or duties, except 72
231231 as otherwise specified. 73
232232 192.2560. 1. Nothing contained in sections 192.2550 1
233233 to 192.2560 shall permit the public disclosure by the 2
234234 department of confidential medical, soci al, personal, or 3
235235 financial records of any child in the care of any prescribed 4
236236 pediatric extended care facility, except when disclosed in a 5
237237 manner which does not identify any child or when ordered to 6
238238 do so by a court of competent jurisdiction. Such records 7
239239 shall be accessible without court order for examination and 8
240240 copying only to the following persons or offices, or to 9
241241 their designees: 10
242242 (1) The department or any person or agency designated 11
243243 by the department; 12
244244 (2) The department of element ary and secondary 13
245245 education or any person or agency designated by the 14
246246 department of elementary and secondary education; 15
247247 (3) The department of social services or any person or 16
248248 agency designated by the department of social services; 17
249249 (4) The attorney general; 18
250250 (5) Any appropriate law enforcement agency; 19
251251 (6) Any appropriate prosecutor's office; and 20
252252 (7) The child's parent or guardian, or any other 21
253253 person designated by the child's parent or guardian. 22
254254 2. Inspection reports an d written reports of 23
255255 investigations of complaints and complaints received by the 24
256-department relating to the quality of care of children in 25
257-the care of a prescribed pediatric extended care provider 26 SS SB 1111 9
256+department relating to the quality of care of children in 25 SS SB 1111 9
257+the care of a prescribed pediatric extended care provider 26
258258 shall be accessible to the public for examination and 27
259259 copying, provided that such reports are disclosed in a 28
260260 manner which does not identify the complainant or any 29
261261 particular child. 30
262262 210.201. As used in sections 210.201 to 210.257, the 1
263263 following terms mean: 2
264264 (1) "Child", an individua l who is under the age of 3
265265 seventeen; 4
266266 (2) "Child care", care of a child away from his or her 5
267267 home for any part of the twenty -four-hour day for 6
268268 compensation or otherwise. Child care is a voluntary 7
269269 supplement to parental responsibility for the child 's 8
270270 protection, development, and supervision; 9
271271 (3) "Child-care facility" or "child care facility", a 10
272272 house or other place conducted or maintained by any person 11
273273 who advertises or holds himself or herself out as providing 12
274274 child care for any part of t he twenty-four-hour day for 13
275275 compensation or otherwise if providing child care to more 14
276276 than: 15
277277 (a) Six children; or 16
278278 (b) Three children under two years of age; 17
279279 (4) "Child care provider" or "provider", the person or 18
280280 persons licensed or requ ired to be licensed under section 19
281281 210.221 to establish, conduct, or maintain a child care 20
282282 facility; 21
283283 (5) "Day camp", a program operated by a person or 22
284284 organization between the hours of 6:00 a.m. and 7:00 p.m., 23
285285 when a local school system is not in session requiring 24
286286 actual pupil attendance, and with the primary function of 25
287287 providing a recreational program for children five years of 26
288-age or older who are enrolled in kindergarten or any grade 27
289-above kindergarten, but providing no child care for children 28 SS SB 1111 10
288+age or older who are enrolled in kindergarten or any grade 27 SS SB 1111 10
289+above kindergarten, but providing no child care for child ren 28
290290 under five years of age who are not yet enrolled in 29
291291 kindergarten in the same space or in the same outdoor play 30
292292 area simultaneously; 31
293293 (6) "Montessori school", a child care program that is 32
294294 either accredited by, actively seeking accreditation by, or 33
295295 maintains an active school membership with the American 34
296296 Montessori Society, the Association Montessori 35
297297 Internationale, the International Montessori Counsel, or the 36
298298 Montessori Educational Programs International; 37
299299 (7) "Neighborhood youth develop ment program", as 38
300300 described in section 210.278; 39
301301 (8) "Nursery school", a program operated by a person 40
302302 or an organization with the primary function of providing an 41
303303 educational program for preschool -age children for no more 42
304304 than four hours per day p er child; 43
305305 (9) "Person", any individual, firm, corporation, 44
306306 partnership, association, agency, or an incorporated or 45
307307 unincorporated organization regardless of the name used; 46
308308 (10) "Religious organization", a church, synagogue or 47
309309 mosque; an entity that has or would qualify for federal tax - 48
310310 exempt status as a nonprofit religious organization under 49
311311 Section 501(c) of the Internal Revenue Code; or an entity 50
312312 whose real estate on which the child -care facility is 51
313313 located is exempt from taxation becau se it is used for 52
314314 religious purposes; 53
315315 (11) "School-age child", any child five years of age 54
316316 or older who is in kindergarten or above; 55
317317 (12) "School system", a program established primarily 56
318318 for education and that meets the following criteria: 57
319319 (a) Provides education in at least the first to the 58
320320 sixth grade; and 59 SS SB 1111 11
321321 (b) Provides evidence that the school system's records 60
322322 will be accepted by a public or private school for the 61
323323 transfer of any student; 62
324324 [(12)] (13) "Summer camp", a pro gram operated from May 63
325325 to September by a person or organization with the primary 64
326326 function of providing a summer recreational program for 65
327327 children five years of age or older and providing no child 66
328328 care for children under five years of age in the same sp ace 67
329329 or in the same outdoor play area simultaneously. 68
330330 210.211. 1. It shall be unlawful for any person to 1
331331 establish, maintain or operate a child -care facility for 2
332332 children, or to advertise or hold himself or herself out as 3
333333 being able to perform any of the services as defined in 4
334334 section 210.201, without having in effect a written license 5
335335 granted by the department of elementary and secondary 6
336336 education; except that nothing in sections 210.203 to 7
337337 210.245 shall apply to: 8
338338 (1) Any person who is caring for six or fewer 9
339339 children, including a maximum of three children under the 10
340340 age of two, at the same physical address. For purposes of 11
341341 this subdivision, children who live in the caregiver's home 12
342342 and who are eligible for enrollment in a public 13
343343 kindergarten, elementary, or high school shall not be 14
344344 considered in the total number of children being cared for; 15
345345 (2) Any person who receives free of charge, and not as 16
346346 a business, for periods not exceeding ninety consecutive 17
347347 days, as bona fide, occasional and personal guests the child 18
348348 or children of personal friends of such person, and who 19
349349 receives custody of no other unrelated child or children; 20
350350 (3) Any graded boarding school that is conducted in 21
351351 good faith primarily to provid e education; 22 SS SB 1111 12
352352 (4) Any summer or day camp that is conducted in good 23
353353 faith primarily to provide recreation; 24
354354 (5) Any hospital, sanitarium, or home that is 25
355355 conducted in good faith primarily to provide medical 26
356356 treatment or nursing or convalescent care for children; 27
357357 (6) Any residential facility or day program licensed 28
358358 by the department of mental health under sections 630.705 to 29
359359 630.760 that provides care, treatment, and habilitation 30
360360 exclusively to children who have a primary diagnosis of 31
361361 mental disorder, mental illness, intellectual disability, or 32
362362 developmental disability, as those terms are defined in 33
363363 section 630.005; 34
364364 (7) Any school system as defined in section 210.201; 35
365365 (8) Any Montessori school as defined in section 36
366366 210.201; 37
367367 (9) Any business that operates a child care program 38
368368 for the convenience of its customers or its employees if the 39
369369 following conditions are met: 40
370370 (a) The business provides child care for customers' or 41
371371 employees' children for no more than four hours per day; and 42
372372 (b) Customers or employees remain on site while their 43
373373 children are being cared for by the business establishment; 44
374374 (10) Any home school as defined in section 167.031; 45
375375 (11) Any religious organization academic preschool or 46
376376 kindergarten for four - and five-year-old children; 47
377377 (12) Any weekly Sunday or Sabbath school, a vacation 48
378378 bible school, or child care made available while the parents 49
379379 or guardians are attending worship services or other 50
380380 meetings and activities c onducted or sponsored by a 51
381381 religious organization; 52
382382 (13) Any neighborhood youth development program under 53
383383 section 210.278; 54 SS SB 1111 13
384384 (14) Any program serving only children enrolled in 55
385385 grade six or above; 56
386386 (15) Any religious organization elementary or 57
387387 secondary school; 58
388388 [(15)] (16) Any private organization elementary or 59
389389 secondary school system providing child care to children 60
390390 younger than school age. If a facility or program is exempt 61
391391 from licensure based upon this exception, such facility or 62
392392 program shall submit documentation annually to the 63
393393 department to verify its licensure -exempt status; 64
394394 [(16)] (17) Any nursery school as defined in section 65
395395 210.201; and 66
396396 [(17)] (18) Any child care facility maintained or 67
397397 operated under the exclusive control of a religious 68
398398 organization. If a nonreligious organization having as its 69
399399 principal purpose the provision of child care services 70
400400 enters into an arrangement with a religious organization for 71
401401 the maintenance or operation of a child car e facility, the 72
402402 facility is not under the exclusive control of the religious 73
403403 organization. 74
404404 2. Notwithstanding the provisions of subsection 1 of 75
405405 this section, no child -care facility shall be exempt from 76
406406 licensure if such facility receives any stat e or federal 77
407407 funds for providing care for children, except for federal 78
408408 funds for those programs which meet the requirements for 79
409409 participation in the Child and Adult Care Food Program 80
410410 pursuant to 42 U.S.C. Section 1766. Grants to parents for 81
411411 child care pursuant to sections 210.201 to 210.257 shall not 82
412412 be construed to be funds received by a person or facility 83
413413 listed in subdivisions (1) and [(17)] (18) of subsection 1 84
414414 of this section. 85 SS SB 1111 14
415415 3. Every child care facility shall disclose the 86
416416 licensure status of the facility to the parents or guardians 87
417417 of children for which the facility provides care. No child 88
418418 care facility exempt from licensure shall represent to any 89
419419 parent or guardian of children for which the facility 90
420420 provides care that the facilit y is licensed when such 91
421421 facility is in fact not licensed. A parent or guardian 92
422422 utilizing an unlicensed child care facility shall sign a 93
423423 written notice indicating he or she is aware of the 94
424424 unlicensed status of the facility. The facility shall keep 95
425425 a copy of this signed written notice on file. All child 96
426426 care facilities shall provide the parent or guardian 97
427427 enrolling a child in the facility with a written explanation 98
428428 of the disciplinary philosophy and policies of the child 99
429429 care facility. 100
430430 4. Up to two children who are five years of age or 101
431431 older and who are related within the third degree of 102
432432 consanguinity or affinity to, adopted by, or under court 103
433433 appointed guardianship or legal custody of a child care 104
434434 provider who is responsible for the dail y operation of a 105
435435 licensed family child care home that is organized as a 106
436436 corporation, association, firm, partnership, limited 107
437437 liability company, sole proprietorship, or any other type of 108
438438 business entity in this state shall not be included in the 109
439439 number of children counted toward the maximum number of 110
440440 children for which the family child care home is licensed 111
441441 under section 210.221. If more than one member of the 112
442442 corporation, association, firm, partnership, limited 113
443443 liability company, or other business entity is responsible 114
444444 for the daily operation of the licensed family child care 115
445445 home, then the related children of only one such member 116
446446 shall be excluded. A family child care home caring for 117 SS SB 1111 15
447447 children not counted in the maximum number of children, as 118
448448 permitted under this subsection, shall disclose this to 119
449449 parents or guardians on the written notice required under 120
450450 subsection 3 of this section. If a family child care home 121
451451 begins caring for children not counted in the maximum number 122
452452 of children after a parent or guardian has signed the 123
453453 written notice required under subsection 3 of this section, 124
454454 the family child care home shall provide a separate notice 125
455455 to the parent or guardian that the family child care home is 126
456456 caring for children not counted in the maximum number of 127
457457 children for which the family child care home is licensed 128
458458 and shall keep a copy of the signed notice on file. 129
459459 5. Nothing in this section shall prevent the 130
460460 department from enforcing licensing regulations promulgated 131
461461 under this chapter, including, but not limited to, 132
462462 supervision requirements and capacity limitations based on 133
463463 the amount of child care space available. 134
464464 210.252. 1. All buildings and premises used by a 1
465465 child-care facility to care for more tha n six children 2
466466 except those exempted from the licensing provisions of the 3
467467 department of elementary and secondary education pursuant to 4
468468 subdivisions (1) to [(15)] (16) of subsection 1 of section 5
469469 210.211, shall be inspected annually for fire and safety b y 6
470470 the state fire marshal, the marshal's designee or officials 7
471471 of a local fire district and for health and sanitation by 8
472472 the department of elementary and secondary education or the 9
473473 department's designee, including officials of the department 10
474474 of health and senior services, or officials of the local 11
475475 health department. Evidence of compliance with the 12
476476 inspections required by this section shall be kept on file 13
477477 and available to parents of children enrolling in the child - 14
478478 care facility. 15 SS SB 1111 16
479479 2. Local inspection of child-care facilities may be 16
480480 accomplished if the standards employed by local personnel 17
481481 are substantially equivalent to state standards and local 18
482482 personnel are available for enforcement of such standards. 19
483483 3. Any child-care facility may re quest a variance from 20
484484 a rule or regulation promulgated pursuant to this section. 21
485485 The request for a variance shall be made in writing to the 22
486486 department of elementary and secondary education and shall 23
487487 include the reasons the facility is requesting the v ariance. 24
488488 The department shall approve any variance request that does 25
489489 not endanger the health or safety of the children served by 26
490490 the facility. The burden of proof at any appeal of a 27
491491 disapproval of a variance application shall be with the 28
492492 department of elementary and secondary education. Local 29
493493 inspectors may grant a variance, subject to approval by the 30
494494 department of elementary and secondary education. 31
495495 4. The department of elementary and secondary 32
496496 education shall administer the provisions of sections 33
497497 210.252 to 210.256, with the cooperation of the state fire 34
498498 marshal, the department of health and senior services, local 35
499499 fire departments and local health agencies. 36
500500 5. The department of elementary and secondary 37
501501 education shall promulgate rules and regulations to 38
502502 implement and administer the provisions of sections 210.252 39
503503 to 210.256. Such rules and regulations shall provide for 40
504504 the protection of children in all child -care facilities 41
505505 whether or not such facility is subject to the licens ing 42
506506 provisions of sections 210.201 to 210.245. 43
507507 6. The department of health and senior services, after 44
508508 consultation with the department of elementary and secondary 45
509509 education, may promulgate rules and regulations to implement 46
510510 and administer the pro visions of this section related to 47 SS SB 1111 17
511511 sanitation requirements. Such rules and regulations shall 48
512512 provide for the protection of children in all child -care 49
513513 facilities whether or not such facility is subject to the 50
514514 licensing provisions of sections 210.201 to 210.245. 51
515515 7. Any rule or portion of a rule, as that term is 52
516516 defined in section 536.010, that is created under the 53
517517 authority delegated in sections 210.252 to 210.256 shall 54
518518 become effective only if it complies with and is subject to 55
519519 all of the provisions of chapter 536 and, if applicable, 56
520520 section 536.028. All rulemaking authority delegated prior 57
521521 to August 28, 1999, is of no force and effect and repealed. 58
522522 Nothing in this section shall be interpreted to repeal or 59
523523 affect the validity of any rule filed or adopted prior to 60
524524 August 28, 1999, if it fully complied with all applicable 61
525525 provisions of law. This section and chapter 536 are 62
526526 nonseverable and if any of the powers vested with the 63
527527 general assembly pursuant to chapter 536 to review, to delay 64
528528 the effective date or to disapprove and annul a rule are 65
529529 subsequently held unconstitutional, then the grant of 66
530530 rulemaking authority and any rule proposed or adopted after 67
531531 August 28, 1999, shall be invalid and void. 68
532532 210.275. Any program licensed by the department of 1
533533 elementary and secondary education pursuant to this chapter 2
534534 providing child care to only school-age children [that is 3
535535 located and operated on elementary or secondary school 4
536536 property] shall comply with the child -care licensure 5
537537 provisions in this chapter; except that, for safety, health 6
538538 and fire purposes, all buildings and premises for any such 7
539539 programs shall be deemed to be in compliance with the child - 8
540540 care licensure provisions in this chapter. 9
541541