HB 2437 -- Family Care Safety Registry

Sponsor:  Grisamore

This bill changes the laws regarding criminal background checks
conducted under the Family Care Safety Registry.  In its main
provisions, the bill:

(1)  Requires certain employees of school districts; certain
child care providers and individuals older than 17 years of age
living with the provider; licensed and non-licensed child care
providers, their employees, and volunteers; and mental health
providers to be included in the registry;

(2)  Specifies that the registry will be the sole background
check repository for the state and requires all state departments
and agencies to utilize the registry for background screening
results;

(3)  Requires the State Highway Patrol to collect fingerprints
and conduct state and national criminal background checks with
the resulting information to be retained in and reported out by
the registry;

(4)  Requires the Department of Health and Senior Services,
subject to appropriations or with funds from the federal American
Recovery and Reinvestment Act of 2009, commonly known as the
federal economic stimulus act, to update and enhance the
technological capabilities of the registry and implement a new
interdepartmental uniform infrastructure and procedures for the
departments of Public Safety, Social Services, Mental Health, and
Elementary and Secondary Education to use for background
screening results and to fund the processing of the results of
employees of these departments who are not currently registered.
The departments must use the moneys disbursed by the Department
of Health and Senior Services to make the necessary
technological, administrative, and procedural adjustments to
ensure the interagency operability needed for implementation of
the new infrastructure and procedures;

(5)  Requires, subject to appropriation, the cost of criminal
background checks to be paid by the state.  Checks not covered by
the state may be paid by the individual or by the provider.  If
no funding is made to cover the costs of the criminal background
check, the applicant is employed, and the cost of the background
check when subtracted from the applicant's annual salary or wages
results in the annualized salary or wages of the applicant below
the annualized full-time salary or wages for a minimum wage
employee, the cost of the background check must be paid by the
employer;

(6)  Requires the Department of Elementary and Secondary
Education to report results to the registry.  Currently, the
registry only contains background screening results from
applicants reported by the departments of Social Services, Mental
Health, and Health and Senior Services;

(7)  Specifies that the registry will contain information on
certain specified individuals through the Department of
Elementary and Secondary Education's employee disqualification
registry and teacher certifications and revocations lists; school
district staff disqualifications or denials; and Department of
Revenue records as of January 1, 2011, for suspended and revoked
driver's licenses;

(8)  Specifies that the contents of the registry will include
open and closed records and be accessible to the five departments
and school districts.  However, certain information which would
violate federal laws cannot be shared between departments; and

(9)  Allows the background screening applicant to appeal directly
to the department that disqualified him or her for employment, if
applicable, when the denial is based on results found in the
registry.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:14 pm