HCS HB 1444 -- LICENSURE OF HOMES FOR CHILDREN

SPONSOR:  Smith (Barry)

COMMITTEE ACTION:  Voted "do pass" by the Committee on Children,
Families and Health by a vote of 9 to 8.

This substitute revises provisions pertaining to civil liability
for certain facilities for children and the licensure exemption
of certain facilities for children by the Division of Family
Services.

In its main provisions, the substitute:

(1)  Allows any owner or operator of a tax-exempt residential
care facility operated by a well-known religious order or church
to be civilly liable for any injury or damage caused by a child
who is absent from the facility without authorization;

(2)  Requires tax-exempt residential care facilities operated by
a well-known religious order or church to be inspected annually
for compliance with fire and safety codes by a local fire
district or the State Fire Marshal.  In addition, the facilities
are required to be inspected for compliance with health and
sanitation codes by officials from the local health department or
the Department of Health and Senior Services;

(3)  Allows any residential care facility to request a variance
concerning inspections from the Department of Social Services;

(4)  Requires the Department of Social Services to implement the
provisions of the substitute in consultation with the State Fire
Marshal, local fire districts, the Department of Health and
Senior Services, and local health departments.  The Department of
Social Services is also required to provide technical assistance
to residential care facilities;

(5)  Prohibits the Department of Social Services or any
governmental entity from interfering with a facility's program
requirements, curriculum, personnel matters, ministry, teaching,
instruction, and selection of children for enrollment;

(6)  Requires the Department of Social Services to provide a
written notice to a residential care facility if the facility
fails to comply with the department's rules after providing
technical assistance.  If the facility remains non-compliant 20
days after receiving the initial notice, the department is
required to notify the county prosecutor regarding the non-
compliance of the facility;

(7)  Requires residential care facilities owned or operated by a
well-known religious order or church to provide two copies of a
notice of parental responsibility to parents or guardians who
enroll their children in the facilities.  The contents of the
notice are contained in the substitute;

(8)  Requires a signed copy of the notice of parental
responsibility and copies of the annual fire, safety, health, and
sanitation inspections to be filed with the Department of Health
and Senior Services five days prior to the start of the operation
and annually thereafter;

(9)  Contains penalty provisions for persons, associations,
organizations, or institutions who violate the fire, safety, and
parental notification provisions of the substitute;

(10)  Allows a county prosecutor where a residential facility is
located to file suit for a preliminary and permanent order
overseeing and preventing the operation of a facility for
violating the fire, safety, health, and parental notifications
provisions of the substitute.  The order will remain in force
until the court determines that the facility is substantially
compliant;

(11)  Removes the exemption for licensure from the following
facilities:  residential care facilities providing tuition-based
educational programs which meet criteria recognized by the
Department of Elementary and Secondary Education; camps,
sanitariums, or homes providing recreational, medical treatment,
or nursing care; and foster home arrangements, residential care
facilities, or child placing agencies established and operated by
a well-known religious order or church that qualifies or would
qualify for federal tax exempt status as a non-profit religious
organization under section 501 (c) of the Internal Revenue Code;

(12)  Prohibits the exemption from extending to residential care
facilities if these facilities receive state or federal funds for
child care; and

(13)  Requires foster homes, residential care facilities, and
child placing agencies to forfeit their licensure exempt status
upon notification by the Division of Family Services that the
division has received a total of three reports of child abuse and
neglect involving the facility, its administrator, or employees
that resulted in a substantiated report of probable cause to
suspect child abuse or neglect.

FISCAL NOTE:  Not available at time of printing.

PROPONENTS:  Supporters say that some religious entities who
operate child placing agencies and residential care facilities
currently submit information for licensure to the Department of
Social Services on a voluntary basis.  Problems with the current
exemption for religious entities who operate these facilities
include the non-registration of the facilities with the Division
of Family Services and problems complying with health and safety
standards.  The bill would ensure a sanitary, safe, and
protective environment for children who access or live in these
facilities.

Testifying for the bill were Representative Smith; Evangelical
Children's Homes; and Citizens for Missouri's Children.

OPPONENTS:  Those who oppose the bill say that the bill would
increase the costs for religious entities who operate residential
care facilities.  Opponents also state that they currently comply
with local and state health, fire, and safety laws and
regulations.  Prior language which removed the exemption from
licensure for religious entities operating these facilities was
not necessary, and current law on issues such as the reporting of
child abuse are sufficient.  This language was revised in the
substitute.

Testifying against the bill were Representative Kelley (47);
Heartland of Northeast Missouri; Missouri Association of
Christian Child Care Agencies; Mountain Park Baptist Church and
Boarding Academy; Shiloh Christian Children's Ranch; Kirk Short;
Missouri Family Network; and Mary Neiswonger.  In addition,
numerous persons went on record in opposition to the bill.

Joseph Deering, Legislative Analyst

Missouri House of Representatives
Last Updated October 11, 2002 at 9:01 am