Missouri 2025 Regular Session

Missouri Senate Bill SB571 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	EXPLANATION-Matter enclosed in bold-faced brackets [thus] in this bill is not enacted
3	3	and is intended to be omitted in the law.
4	4	FIRST REGULAR SESSION
5	5	SENATE BILL NO. 571
6	6	103RD GENERAL ASSEMBLY
7	7	INTRODUCED BY SENATOR COLEMAN.
8	8	2156S.01I KRISTINA MARTIN, Secretary
9	9	AN ACT
10	10	To repeal section 210.221, RSMo, and to enact in lieu thereof one new section relating to child
11	11	care facility licenses.
12	12
13	13	Be it enacted by the General Assembly of the State of Missouri, as follows:
14	14	Section A. Section 210.221, RSMo, is repealed and one new 1
15	15	section enacted in lieu thereof, to be known as section 210.221, 2
16	16	to read as follows:3
17	17	210.221. 1. The department of elementary and 1
18	18	secondary education shall have the following powers and 2
19	19	duties: 3
20	20	(1) After inspection, to grant licenses to persons to 4
21	21	operate child-care facilities if satisfied as to the good 5
22	22	character and intent of the applicant and that s uch 6
23	23	applicant is qualified and equipped to render care or 7
24	24	service conducive to the welfare of children. Each license 8
25	25	shall specify its effective dates and whether it is 9
26	26	temporary, the kind of child-care services the licensee is 10
27	27	authorized to perform, the number of children that can be 11
28	28	received or maintained, and their ages; 12
29	29	(2) To inspect the conditions of the homes and other 13
30	30	places in which the applicant operates a child -care 14
31	31	facility, inspect their books and records, premises and 15
32	32	children being served, examine their officers and agents, 16
33	33	deny, suspend, place on probation or revoke the license of 17
34	34	such persons as fail to obey the provisions of sections 18 SB 571 2
35	35	210.201 to 210.245 or the rules and regulations made by the 19
36	36	department of elementary and secondary education. The 20
37	37	commissioner also may revoke or suspend a license when the 21
38	38	licensee surrenders the license; 22
39	39	(3) To promulgate and issue rules and regulations the 23
40	40	department deems necessary or proper in order to establish 24
41	41	standards of service and care to be rendered by such 25
42	42	licensees to children. No rule or regulation promulgated by 26
43	43	the department shall in any manner restrict or interfere 27
44	44	with any religious instruction, philosophies or ministries 28
45	45	provided by the facility and shall n ot apply to facilities 29
46	46	operated by religious organizations which are not required 30
47	47	to be licensed; 31
48	48	(4) To approve training concerning the safe sleep 32
49	49	recommendations of the American Academy of Pediatrics in 33
50	50	accordance with section 210.223; [and] 34
51	51	(5) To determine what records shall be kept by such 35
52	52	persons and the form thereof, and the methods to be used in 36
53	53	keeping such records, and to require reports to be made to 37
54	54	the department at regular intervals ; and 38
55	55	(6) To grant a temporary child care license to a child 39
56	56	care provider who is not on probation or who does not have a 40
57	57	current letter of censure, upon submittal of a complete 41
58	58	license application to the department of elementary and 42
59	59	secondary education to expand an existing site or to ad d a 43
60	60	new location; provided, that the child care provider 44
61	61	completes any background check required for licensure and 45
62	62	also submits a fire safety and a sanitation inspection 46
63	63	approved for the site being expanded or added. Temporary 47
64	64	licenses shall be valid for a duration of no longer than 48
65	65	twelve months from the date of issuance or until the 49
66	66	department makes a final determination on full licensure . 50 SB 571 3
67	67	2. Any child-care facility may request a variance from 51
68	68	a rule or regulation promulgated pursuant to th is section. 52
69	69	The request for a variance shall be made in writing to the 53
70	70	department of elementary and secondary education and shall 54
71	71	include the reasons the facility is requesting the 55
72	72	variance. The department shall approve any variance request 56
73	73	that does not endanger the health or safety of the children 57
74	74	served by the facility. The burden of proof at any appeal 58
75	75	of a disapproval of a variance application shall be with the 59
76	76	department of elementary and secondary education. Local 60
77	77	inspectors may grant a variance, subject to approval by the 61
78	78	department of elementary and secondary education. 62
79	79	3. The department shall deny, suspend, place on 63
80	80	probation or revoke a license if it receives official 64
81	81	written notice that the local governing body has found tha t 65
82	82	license is prohibited by any local law related to the health 66
83	83	and safety of children. The department may deny an 67
84	84	application for a license if the department determines that 68
85	85	a home or other place in which an applicant would operate a 69
86	86	child-care facility is located within one thousand feet of 70
87	87	any location where a person required to register under 71
88	88	sections 589.400 to 589.425 either resides, as that term is 72
89	89	defined in subsection 3 of section 566.147, or regularly 73
90	90	receives treatment or services, exclu ding any treatment or 74
91	91	services delivered in a hospital, as that term is defined in 75
92	92	section 197.020, or in facilities owned or operated by a 76
93	93	hospital system. The department may, after inspection, find 77
94	94	the licensure, denial of licensure, suspension or r evocation 78
95	95	to be in the best interest of the state. 79
96	96	4. Any rule or portion of a rule, as that term is 80
97	97	defined in section 536.010, that is created under the 81
98	98	authority delegated in sections 210.201 to 210.245 shall 82 SB 571 4
99	99	become effective only if it compli es with and is subject to 83
100	100	all of the provisions of chapter 536 and, if applicable, 84
101	101	section 536.028. All rulemaking authority delegated prior 85
102	102	to August 28, 1999, is of no force and effect and repealed. 86
103	103	Nothing in this section shall be interpreted to r epeal or 87
104	104	affect the validity of any rule filed or adopted prior to 88
105	105	August 28, 1999, if it fully complied with all applicable 89
106	106	provisions of law. This section and chapter 536 are 90
107	107	nonseverable and if any of the powers vested with the 91
108	108	general assembly pursuant to chapter 536 to review, to delay 92
109	109	the effective date, or to disapprove and annul a rule are 93
110	110	subsequently held unconstitutional, then the grant of 94
111	111	rulemaking authority and any rule proposed or adopted after 95
112	112	August 28, 1999, shall be invalid and void. 96
113	113	