HB 1145 -- Unlicensed Child Care Providers

Sponsor:  Gatschenberger

This bill establishes Nathan's Law and Sam Pratt's Law which
change the laws regarding child care providers.

In its main provisions, Nathan's Law:

(1)  Specifies that a child related by blood, marriage, or
adoption will be counted in the total number of children being
cared for as it applies to the determination if a provider needs
to be licensed except that a child living in the home who attends
a full day of school will not be included in the total.
Currently, these children are not counted in the total number;

(2)  Requires any child care facility which is exempt from
licensure to disclose its exempt status to the parents or
guardians of children in its care;

(3)  Assesses a fine of $200 per day, not to exceed $10,000, to
any person violating the provisions regarding licensure of child
care facilities for a second or subsequent time; and

(4)  Authorizes the Department of Health and Senior Services to
immediately close any illegally operating unlicensed child care
facility.   A local prosecutor may file suit for a permanent
order preventing the operation of the facility which will remain
in effect until the court determines that the child care facility
is in compliance with all licensing requirements.

In its main provisions, Sam Pratt's Law authorizes the
department, if it has been notified or has determined that
criminal charges are pending against an unlicensed child care
provider, to conduct an investigation in the same manner as an
investigation would occur for a licensed child care provider.  If
the department determines that the pending charges would
similarly result in the sanction of the license of the licensed
provider, it must notify the unlicensed child care provider that
he or she is prohibited from providing child care services
pending a resolution of the charges in favor of the provider.
Any unlicensed child care provider who continues to provide
services after notification by the department to cease will be
guilty of a class B misdemeanor for the first violation and a
class A misdemeanor for any subsequent violation.  The department
must report any known violation of these provisions to the
appropriate prosecuting attorney's office or law enforcement
agency.

Missouri House of Representatives
Last Updated January 9, 2012 at 5:41 pm