HB 3142 — Modifies and establishes provisions relating to overnight and residential camps

(4) Students at adult high schools may complete required coursework at their own pace and as available through the adult high school.

They shall not be required to satisfy any specific number of class minutes.

The adult high school may also make classes available to students online as may be appropriate.

However, students shall not complete the majority of instruction of the school's curriculum online or through remote instruction.

For the purposes of this subsection, synchronous instruction connecting students to a live class conducted in a Missouri adult high school shall be treated the same as in-person instruction.

(5) The department of elementary and secondary education shall not create additional regulations or burdens on the adult high school or the students attending the adult high schools beyond certifying necessary credits and ensuring that students have sufficiently mastered the subject matter to make them eligible for credit.

5.

An adult high school shall be deemed a secondary school system for the purposes of subdivision [(16)] (15) of subsection 1 of section 210.211.

210.203.

The department of elementary and secondary education shall maintain a record of substantiated, signed parental complaints against child care facilities, summer camps, or day camps licensed pursuant to this chapter, and shall make such complaints and findings available to the public upon request.

210.211.

1.

It shall be unlawful for any person to establish, maintain or operate a child care facility, or for any person or organization to establish, maintain, or operate a summer camp or day camp, for children, or to advertise or hold himself or herself out as being able to perform any of the services as defined in section 210.201, without having in effect a written license granted by the department of elementary and secondary education;

except that nothing in sections 210.203 to 210.245 shall apply to:

HB 3142 4 (1) Any person who is caring for six or fewer children, including a maximum of three children under the age of two, at the same physical address.

For purposes of this subdivision, children who live in the caregiver's home and who are eligible for enrollment in a public kindergarten, elementary, or high school shall not be considered in the total number of children being cared for;

(2) Any person who receives free of charge, and not as a business, for periods not exceeding ninety consecutive days, as bona fide, occasional and personal guests the child or children of personal friends of such person, and who receives custody of no other unrelated child or children;

(3) Any graded boarding school that is conducted in good faith primarily to provide education;

(4) [Any summer or day camp that is conducted in good faith primarily to provide recreation;

(5)] Any hospital, sanitarium, or home that is conducted in good faith primarily to provide medical treatment or nursing or convalescent care for children;

[(6)] (5) Any residential facility or day program licensed by the department of mental health under sections 630.705 to 630.760 that provides care, treatment, and habilitation exclusively to children who have a primary diagnosis of mental disorder, mental illness, intellectual disability, or developmental disability, as those terms are defined in section 630.005;

[(7)] (6) Any school system as defined in section 210.201;

[(8)] (7) Any Montessori school as defined in section 210.201;

[(9)] (8) Any business that operates a child care program for the convenience of its customers or its employees if the following conditions are met:

(a) The business provides child care for customers' or employees' children for no more than four hours per day;

and (b) Customers or employees remain on site while their children are being cared for by the business establishment;

[(10)] (9) Any home school;

[(11)] (10) Any religious organization academic preschool or kindergarten for four- and five-year-old children;

[(12)] (11) Any weekly Sunday or Sabbath school, a vacation bible school, or child care made available while the parents or guardians are attending worship services or other meetings and activities conducted or sponsored by a religious organization;

[(13)] (12) Any neighborhood youth development program under section 210.278;

[(14)] (13) Any program serving only children enrolled in grade six or above;

[(15)] (14) Any religious organization elementary or secondary school;

HB 3142 5 [(16)] (15) Any private organization elementary or secondary school system providing child care to children younger than school age.

If a facility or program is exempt from licensure based upon this exception, such facility or program shall submit documentation annually to the department to verify its licensure-exempt status;

[(17)](16) Any nursery school as defined in section 210.201;

[(18)] (17) Any child care facility maintained or operated under the exclusive control of a religious organization not including summer camps or days camps as defined in section 210.201.

If a nonreligious organization having as its principal purpose the provision of child care services enters into an arrangement with a religious organization for the maintenance or operation of a child care facility, the facility is not under the exclusive control of the religious organization;

and [(19)] (18) Any FPE school.

Notwithstanding the provisions of subsection 1 of this section, no child care facility shall be exempt from licensure if such facility receives any state or federal funds for providing care for children, except for federal funds for those programs which meet the requirements for participation in the Child and Adult Care Food Program pursuant to 42 U.S.C.

Section 1766.

Grants to parents for child care pursuant to sections 210.201 to 210.257 shall not be construed to be funds received by a person or facility listed in subdivisions (1) and (18) of subsection 1 of this section.

3.

Every child care facility, summer camp, or day camp shall disclose the licensure status of the facility or camp to the parents or guardians of children for which the facility provides care or for which the camp provides a recreational program.

No child care facility exempt from licensure shall represent to any parent or guardian of children for which the facility provides care that the facility is licensed when such facility is in fact not licensed.

A parent or guardian utilizing an unlicensed child care facility shall sign a written notice indicating he or she is aware of the unlicensed status of the facility.

The facility shall keep a copy of this signed written notice on file.

All child care facilities shall provide the parent or guardian enrolling a child in the facility with a written explanation of the disciplinary philosophy and policies of the child care facility.

4.

Up to two children who are five years of age or older and who are related within the third degree of consanguinity or affinity to, adopted by, or under court appointed guardianship or legal custody of a child care provider who is responsible for the daily operation of a licensed family child care home that is organized as a corporation, association, firm, partnership, limited liability company, sole proprietorship, or any other type of business entity in this state shall not be included in the number of children counted toward the maximum number of children for which the family child care home is licensed under section 210.221.

If more than one member of the corporation, association, firm, partnership, limited HB 3142 6 liability company, or other business entity is responsible for the daily operation of the licensed family child care home, then the related children of only one such member shall be excluded.

A family child care home caring for children not counted in the maximum number of children, as permitted under this subsection, shall disclose this to parents or guardians on the written notice required under subsection 3 of this section.

If a family child care home begins caring for children not counted in the maximum number of children after a parent or guardian has signed the written notice required under subsection 3 of this section, the family child care home shall provide a separate notice to the parent or guardian that the family child care home is caring for children not counted in the maximum number of children for which the family child care home is licensed and shall keep a copy of the signed notice on file.

5.

Nothing in this section shall prevent the department from enforcing licensing regulations promulgated under this chapter, including, but not limited to, supervision requirements and capacity limitations based on the amount of child care space available.

6.

Nothing in this section shall prevent the department from promulgating rules or regulations relating to supervision requirements and capacity limitations for summer camps or day camps.

210.214.

1.

This section shall be known and may be cited as the "Summer and Day Camp Emergency Response Act".

2.

(2) "Camper" or "campers", minors who are attending aan summerovernight camp or dayresidential camp on a day care or boarding basis;

(3) "Commissioner","Director", the commissionerdirector of the department of elementarysocial andservices; secondary education;

(4) "Department", the department of elementarysocial andservices; secondary education;

(8)EXPLANATION "Minor",— aMatter personenclosed underin eighteenbold-faced yearsbrackets of[thus] age.in the above bill is not enacted and is intended to be omitted from the law.

Matter in bold-face type in the above bill is proposed language.

HCS HB 3142 2 (8) "Minor", a person under eighteen years of age;

(9) "Overnight camp", a program operated by a person or organization that includes the hours between 9:00 p.m.

and 6:00 a.m.

but not for two or more sequential overnights;

(10) "Residential camp", a program operated by a person or organization that includes the hours between 9:00 p.m.

and 6:00 a.m.

for two or more sequential overnights.

A(1) No person holdingor aorganization licenseshall issuedestablish, maintain, or operate an overnight camp or residential camp for minors, or to advertise or hold himself or herself or itself out as being able to perform any of the services provided under this chaptersection, shall:without having in effect a written license granted by the department.

HB(2) 3142Every 7overnight (1)camp Renewor theresidential licensecamp annuallyshall bydisclose submittingthe alicensure renewalstatus applicationof onthe acamp dateto determinedthe byparents departmentor ruleguardians onof athe formminors providedfor bywhich the department;camp provides a recreational program.

and(3) (2)SubmitNothing ain renewalthis applicationsubsection noshall laterprevent than the thirtiethdepartment dayfrom afterpromulgating therules dateor theregulations person:relating to supervision requirements and capacity limitations for overnight camps or residential camps.

(a)4. Alters the boundaries of a summer camp or day camp operated by the person;

(1) The department shall have the following powers and duties:

(a) After inspection, to grant licenses to persons to operate an overnight camp or residential camp if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render services to minors at the camp.

Each license shall specify the effective date;

(b) To inspect the conditions of the overnight camp or residential camp;

inspect the camp's premises and minors being served;

or deny, suspend, place on probation, or revoke the license of any person or organization that fails to obey the provisions of this section or the rules and regulations made by the department;

(c) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees;

and (d) To determine what records shall be kept by such persons and organizations and the form thereof, and the methods to be used in keeping such records.

(2) The department may deny an application for a license if the department determines that an overnight camp or residential camp would operate such camp in an unsafe or hazardous manner.

The department may, after inspection, find the licensure, denial of licensure, suspension, or revocation to be in the best interest of the state.

5.

A person holding a license issued under this section shall:

HCS HB 3142 3 (1) Renew the license annually by submitting a renewal application on a date determined by department rule on a form provided by the department;

and (2) Submit a renewal application no later than the thirtieth day after the date the person:

(a) Alters the boundaries of an overnight camp or residential camp operated by the person;

4.

The department shall review the camper-to-counselor ratios for overnight stays at summer camps, or day camps when applicable, and provide to the commissioner recommendations regarding minimum camper-to-counselor ratios.

The commissioner, by rule, shall establish minimum camper-to-counselor ratios for overnight stays at summer camps, or day camps when applicable.

5.

(1) A summer camp or day camp operator shall include in a prominent place on the summer camp's or day camp's publicly accessible internet website a clearly marked link to the summer camp or day camp program web page on the department's internet website for campers, parents, and camp staff and volunteers to use to report the camp's noncompliance with this chapter.

(2) The department shall investigate each complaint filed with the department for a summer camp or day camp to ensure that the summer camp or day camp operator is:

(a) Properly implementing the camp's approved emergency plan submitted as required under subsection 6 of this section;

and (b) Complying with the provisions of this chapter.

(3) A department investigation under this section shall include an inspection to ensure the summer camp's or day camp's compliance with this chapter.

The inspection shall be performed in the same manner as required under this chapter.

(1) EachThe summerdepartment shall not issue a license or renew a license for an overnight camp or dayresidential camp shallunder complythis withsection allif fire,the safety,overnight health,camp andor sanitationresidential inspectionscamp thatoperator mayis benot requiredin bycompliance statewith lawsubsection 10 of this section or locala ordinance.rule adopted under such subsection.

(2) The commissioner,department shall suspend an overnight camp or residential camp license issued by rule,the shalldepartment requireif athe summerovernight camp or dayresidential camp operator is in theviolation emergencyof plansubsection to10 doof thethis following:section.

(a)The Specifydepartment mustermay zonesreinstate forthe camperslicense andonly campon staffor toafter gatherthe indate anthe emergencydepartment eventdetermines thatthe requiresovernight evacuationcamp fromor anyresidential locationcamp withinand the premisesoperator are in compliance with subsection 10 of thethis camp;section.

7.

(1) Each overnight camp or residential camp staff member or volunteer who is eighteen years of age or older shall be subject to criminal background check.

(2) Each overnight camp or residential camp shall have at least one staff member who has certified training in cardiopulmonary resuscitation.

8.

The department shall review the camper-to-counselor ratios for overnight stays at overnight camps or residential camps and provide to the director recommendations regarding minimum camper-to-counselor ratios.

The director, by rule, shall establish minimum camper-to-counselor ratios for overnight stays at overnight camps, or residential camps when applicable.

9.

The department shall investigate each complaint filed with the department for an overnight camp or residential camp to ensure that the overnight camp or residential camp operator is properly implementing the camp's approved emergency plan submitted as required under subsection 10 of this section.

10.

(1) Each overnight camp or residential camp shall comply with all fire, safety, health, and sanitation inspections that may be required by state law or local ordinance.

(2) The director, by rule, shall require an overnight camp or residential camp operator in the emergency plan to do the following:

HCS HB 3142 4 (a) Specify muster zones for campers and camp staff to gather in an emergency event that requires evacuation from any location within the premises of the camp;

HB 3142 8 b.

or (ii)While(ii) While under the supervision of camp staff;

(3) The commissioner,director, by rule, shall require aan summerovernight camp or dayresidential camp operator to, at each summerovernight camp or dayresidential camp the operator operates:

HCS HB 3142 5 (4) In developing aan summerovernight camp's or dayresidential camp's emergency plan, aan summerovernight camp or dayresidential camp operator shall annually submit the initial or updated plan to the department for approval in the form and manner prescribed by the department.

HB 3142 9 (5) If the department determines aan summerovernight camp's or dayresidential camp's submitted emergency plan does not meet the minimum standards prescribed by department rules, the summerovernight camp or dayresidential camp operator shall revise and resubmit the plan no later than the forty-fifth day after the date the operator receives notice from the department of the plan's deficiencies.

(6) AAn summerovernight camp or dayresidential camp operator shall include any updated summerovernight camp or dayresidential camp emergency plan as an attachment to each application to renew the operator's license under subsection 35 of this section.

(7) Notwithstanding any provision of law, no later than the tenth business day following the date the department approves aan summerovernight camp's or dayresidential camp's emergency plan or, if the department determines the plan is deficient under subdivision (5) of this subsection, the operator shall provide a copy of the plan to:

(8) In developing aan summerovernight camp's or dayresidential camp's emergency plan, aan summerovernight camp or dayresidential camp operator may consult with an emergency management director described by subdivision (7) of this section.

(10) AAn summerovernight camp or dayresidential camp operator shall:

(a) Provide the most recent version of aan summerovernight camp's or dayresidential camp's emergency plan submitted under this subsection to the parent or legal guardian of:

and HCS HB 3142 6 (c) Ensure that the parent or legal guardian signs and submits to the operator a statement acknowledging receipt of the notice required under paragraph (b) of this subdivision.

(11) Not more than forty-eight hours after each summerovernight camp or dayresidential camp session begins, the summerovernight camp or dayresidential camp operator or aan summerovernight camp or dayresidential camp staff member shall conduct a mandatory safety orientation that:

HB 3142 10 (a) Notifies each camper of the camp's boundaries and any hazards present on the camp premises;

(12) At least once a year, aan summerovernight camp or dayresidential camp operator shall:

(a) Provide each summerovernight camp or dayresidential camp staff member and volunteer with a copy of the camp's most recent emergency plan;

(b) Ensure each staff member and volunteer successfully completes training on the camp's emergency planplan; in compliance with any minimum standards and required hours established by department rule;

(13) AAn summerovernight camp or dayresidential camp operator shall conspicuously post in each cabin on the summerovernight camp or dayresidential camp premises the proper evacuation route described in the summerovernight camp or dayresidential camp's emergency plan.

7.11.

(1) TheAny departmentperson shallor notorganization issuethat amakes licensematerially orfalse renewstatements ain licenseorder forto obtain a summerlicense camp or daythe camprenewal thereof under this section ifshall be guilty of a class C misdemeanor for the summerfirst campoffense orand dayshall campbe operatorassessed isa fine not into complianceexceed withseven subsectionhundred 6fifty dollars and shall be guilty of thisa sectionclass orA misdemeanor and shall be assessed a rulefine adoptedof underup suchto subsection.two thousand dollars per day, not to exceed a total of ten thousand dollars for subsequent offenses.

HCS HB 3142 7 (2) TheIf the department shallproposes suspendto adeny, summersuspend, campplace oron dayprobation campor licenserevoke issueda bylicense, the department ifshall theserve summerupon campthe applicant or daylicensee campwritten operatornotice is in violation of subsectionthe 6proposed ofaction thisto section.be taken.

The departmentnotice mayshall reinstatecontain a statement of the licensetype onlyof onaction orproposed, afterthe basis for it, the date the departmentaction determineswill thebecome summereffective, campand a statement that the applicant or daylicensee campshall andhave thethirty operatordays areto request in compliancewriting witha subsectionhearing 6before ofthe thisadministrative section.hearing commission and that such request shall be made to the department.

8.If no written request for a hearing is received by the department within thirty days of the delivery or mailing by certified mail of the notice to the applicant or licensee, the proposed discipline shall take effect on the thirty-first day after such delivery or mailing of the notice to the applicant or licensee.

If the applicant or licensee makes a written request for a hearing, the department shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing.

(3) The department may issue letters of censure or warning without formal notice or hearing.

Additionally, the department may place a licensee on probation under chapter 621.

(4) The department may suspend any license simultaneously with the notice of the proposed action to be taken in subdivision (2) of this subsection if the department finds that there is a threat of imminent bodily harm to the minors at the overnight camp or residential camp.

The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee under this subsection.

The licensee may appeal the decision to suspend the license to the department.

The appeal shall be filed within ten days from the delivery or mailing by certified mail of the notice of appeal.

A hearing shall be conducted by the department within ten days from the date the appeal is filed.

The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

Any person aggrieved by a final decision of the department made under this section shall be entitled to judicial review in accordance with chapter 536.

(5) In addition to initiating proceedings under subdivision (1) of this subsection, or in lieu thereof, the prosecuting attorney of the county where the overnight camp or residential is located may file suit for a preliminary and permanent order overseeing or preventing the operation of the overnight camp or residential camp for violating any provision of this section.

The order shall remain in force until such a time as the court determines that the overnight camp or residential camp is in substantial compliance.

If the prosecuting attorney refuses to act or fails to act after receipt of notice from the HCS HB 3142 8 department, the department may request that the attorney general seek an injunction of the operation of such camp.

12.

The provisions of this section shall not apply to any overnight camp or residential camp offered by an institution of higher education located in this state.

13.

This section and chapter 536 are nonseverable HB 3142 11 and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2026, shall be invalid and void.

210.221.

1.

The department of elementary and secondary education shall have the following powers and duties:

(1) After inspection, to grant licenses to persons to operate child care facilities or to grant licenses to persons or organizations to operate summer camps or day camps if satisfied as to the good character and intent of the applicant and that such applicant is qualified and equipped to render care or service conducive to the welfare of children or to render recreational activities to children.

Each license shall specify the effective date and whether the license is temporary, the kind of child-care services the licensee is authorized to perform, the number of children that can be received or maintained, and their ages;

(2) To inspect the conditions of the homes and other places in which the applicant operates a child care facility or to inspect the conditions of the property in which the person or organization operates a summer camp or day camp, inspect their books and records, premises and children being served, examine their officers and agents, deny, suspend, place on probation or revoke the license of such persons as fail to obey the provisions of sections 210.201 to 210.245 or the rules and regulations made by the department of elementary and secondary education.

The commissioner also may revoke or suspend a license when the licensee surrenders the license;

(3) To promulgate and issue rules and regulations the department deems necessary or proper in order to establish standards of service and care to be rendered by such licensees to children.

No rule or regulation promulgated by the department shall in any manner restrict or interfere with any religious instruction, philosophies or ministries provided by the facility and shall not apply to facilities operated by religious organizations which are not required to be licensed;

(4) To approve training concerning the safe sleep recommendations of the American Academy of Pediatrics in accordance with section 210.223;

and (5) To determine what records shall be kept by such persons or organizations and the form thereof, and the methods to be used in keeping such records, and to require reports to be made to the department at regular intervals.

2.

(1) In addition to the powers and duties under subsection 1 of this section, the department of elementary and secondary education has the power and duty to grant a temporary child care license.

The temporary child care license shall be granted to a child care provider who:

(a) Is not on probation or has not been on probation within the last twelve months;

HB 3142 12 (b) Is not in the process of having a license revoked or has not had a license revoked within the last twelve months;

or (c) Does not have a current letter of censure;

upon submittal of a complete license application to the department of elementary and secondary education by the child care provider, to expand an existing site or to add a new location.

(2) The child care provider shall complete all of the following in order to obtain a temporary child care license to expand an existing site or add a new location:

(a) State and local fire inspections as provided under section 210.252;

(b) State and local sanitation inspections as provided under section 210.252;

(c) City inspections;

(d) Staff background checks and health screenings;

and (e) Required staff training and any ongoing required training.

(3) Prior to obtaining a temporary child care license under this subsection for another facility, the child care provider shall have operated a child care facility for at least thirteen months.

The new facility shall be subject to an inspection, without notification of the inspection, by the office of childhood within sixty days of the opening of the new facility.

(4) Temporary child care licenses shall be valid for a duration of no longer than twelve months from the date of issuance or until the department makes a final determination on full licensure.

(5) If the child care facility is an existing child care facility but there is a change in ownership of the facility, such facility shall be subject to an inspection, without notification of the inspection, by the office of childhood within sixty days of the change in ownership.

3.

Any child care facility, summer camp, or day camp may request a variance from a rule or regulation promulgated pursuant to this section.

The request for a variance shall be made in writing to the department of elementary and secondary education and shall include the reasons the facility or camp is requesting the variance.

The department shall approve any variance request that does not endanger the health or safety of the children served by the facility or camp.

The burden of proof at any appeal of a disapproval of a variance application shall be with the department of elementary and secondary education.

Local inspectors may grant a variance, subject to approval by the department of elementary and secondary education.

4.

The department shall deny, suspend, place on probation or revoke a license if it receives official written notice that the local governing body has found that license is prohibited by any local law related to the health and safety of children.

The department may deny an application for a license if the department determines that a home or other place in HB 3142 13 which an applicant would operate a child care facility, summer camp, or day camp is located within one thousand feet of any location where a person required to register under sections 589.400 to 589.425 either resides, as that term is defined in subsection 3 of section 566.147, or regularly receives treatment or services, excluding any treatment or services delivered in a hospital, as that term is defined in section 197.020, or in facilities owned or operated by a hospital system.

The department may, after inspection, find the licensure, denial of licensure, suspension or revocation to be in the best interest of the state.

5.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 210.201 to 210.245 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.

Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

210.231.

The department of elementary and secondary education may designate to act for it, with full authority of law, any instrumentality of any political subdivision of the state of Missouri deemed by the department of elementary and secondary education to be competent, to investigate and inspect licensees and applicants for a license.

Local inspection of child care facilities, summer camps, or day camps may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

210.245.

1.

Any person who violates any provision of sections 210.201 to 210.245, or who for such person or for any other person makes materially false statements in order to obtain a license or the renewal thereof pursuant to sections 210.201 to 210.245, shall be guilty of a class C misdemeanor for the first offense and shall be assessed a fine not to exceed seven hundred fifty dollars and shall be guilty of a class A misdemeanor and shall be assessed a fine of up to two thousand dollars per day, not to exceed a total of ten thousand dollars for subsequent offenses.

In case such guilty person is a corporation, association, institution or society, the officers thereof who participate in such misdemeanor shall be subject to the penalties provided by law.

2.

If the department of elementary and secondary education proposes to deny, suspend, place on probation or revoke a license, the department of elementary and secondary education shall serve upon the applicant or licensee written notice of the proposed action to be HB 3142 14 taken.

The notice shall contain a statement of the type of action proposed, the basis for it, the date the action will become effective, and a statement that the applicant or licensee shall have thirty days to request in writing a hearing before the administrative hearing commission and that such request shall be made to the department of elementary and secondary education.

If no written request for a hearing is received by the department of elementary and secondary education within thirty days of the delivery or mailing by certified mail of the notice to the applicant or licensee, the proposed discipline shall take effect on the thirty-first day after such delivery or mailing of the notice to the applicant or licensee.

If the applicant or licensee makes a written request for a hearing, the department of elementary and secondary education shall file a complaint with the administrative hearing commission within ninety days of receipt of the request for a hearing.

3.

The department of elementary and secondary education may issue letters of censure or warning without formal notice or hearing.

Additionally, the department of elementary and secondary education may place a licensee on probation pursuant to chapter 621.

4.

The department of elementary and secondary education may suspend any license simultaneously with the notice of the proposed action to be taken in subsection 2 of this section, if the department of elementary and secondary education finds that there is a threat of imminent bodily harm to the children in care.

The notice of suspension shall include the basis of the suspension and the appeal rights of the licensee pursuant to this section.

The licensee may appeal the decision to suspend the license to the department of elementary and secondary education.

The appeal shall be filed within ten days from the delivery or mailing by certified mail of the notice of appeal.

A hearing shall be conducted by the department of elementary and secondary education within ten days from the date the appeal is filed.

The suspension shall continue in effect until the conclusion of the proceedings, including review thereof, unless sooner withdrawn by the department of elementary and secondary education, dissolved by a court of competent jurisdiction or stayed by the administrative hearing commission.

Any person aggrieved by a final decision of the department made pursuant to this section shall be entitled to judicial review in accordance with chapter 536.

5.

In addition to initiating proceedings pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child-care facility, summer camp, or day camp is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child-care facility, summer camp, or day camp for violating any provision of sections 210.201 to 210.245.

The order shall remain in force until such a time as the court determines that the child-care facility, summer camp, or day camp is in substantial compliance.

If the prosecuting attorney refuses to act or fails to act after receipt of notice from the department of elementary and secondary education, the department of HB 3142 15 elementary and secondary education may request that the attorney general seek an injunction of the operation of such child-care facility, summer camp, or day camp.

6.

In cases of imminent bodily harm to children in the care of a child-care facility, summer camp, or day camp, including an unlicensed, nonexempt facility, the department may file suit in the circuit court of the county in which the child-care facility, summer camp, or day camp is located for injunctive relief, which may include removing the children from the facility or camp, overseeing the operation of the facility or camp, or closing the facility or camp.

Failure by the department to file suit under the provisions of this subsection shall not be construed as creating any liability in tort or incurring other obligations or duties except as otherwise specified.

7.

Any person who operates an unlicensed, nonexempt child-care facility, summer camp, or day camp in violation of the provisions of sections 210.201 to 210.245 shall be liable for a civil penalty of not less than seven hundred fifty dollars and not more than two thousand dollars.

The department shall serve upon such person written notice of the department's findings as to the child-care facility's unlicensed, nonexempt status, along with educational materials about Missouri's child-care facility laws and regulations, how a facility may become exempt or licensed, and penalties for operating an unlicensed, nonexempt child- care facility.

The notice shall contain a statement that the person shall have thirty days to become compliant with sections 210.201 to 210.245, including attaining exempt status or becoming licensed.

The person's failure to do so shall result in a civil action in the circuit court of Cole County or criminal charges under this section.

If, following the receipt of the written notice, the person operating the child-care facility fails to become compliant with sections 210.201 to 210.245, the department may bring a civil action in the circuit court of Cole County against such person.

The department may, but shall not be required to, request that the attorney general bring the action in place of the department.

No civil action provided by this subsection shall be brought if the criminal penalties under subsection 1 of this section have been previously ordered against the person for the same violation.

Failure by the department to file suit under the provisions of this subsection shall not be construed as creating any liability in tort or incurring other obligations or duties except as otherwise specified.

8.

There shall be established the "Family Child Care Provider Fund" in the state treasury, which shall consist of such funds as appropriated by the general assembly.

The state treasurer shall be custodian of the fund.

In accordance with sections 30.170 and 30.180, the state treasurer may approve disbursements.

The fund shall be a dedicated fund and moneys in the fund shall be used solely by the department for the dissemination of information concerning compliance with child-care facility, summer camp, or day camp laws and regulations, including licensed or exempt status;

educational initiatives relating to, inter alia, HB 3142 16 child care, safe sleep practices, and child nutrition;

and the provision of financial assistance on the basis of need for family child-care homes to become licensed, as determined by the department and subject to available moneys in the fund.

Notwithstanding the provisions of section 33.080 to the contrary, any moneys remaining in the fund at the end of the biennium shall not revert to the credit of the general revenue fund.

The state treasurer shall invest moneys in the fund in the same manner as other funds are invested.

Any interest and moneys earned on such investments shall be credited to the fund.

210.252.

1.

All buildings and premises used by a child-care facility to care for more than six children except those exempted from the licensing provisions of the department of elementary and secondary education pursuant to subdivisions (1) to [(16)] (18) of subsection 1 of section 210.211[,] or all buildings and premises used by a summer camp or day camp shall be inspected annually for fire and safety by the state fire marshal, the marshal's designee or officials of a local fire district and for health and sanitation by the department of elementary and secondary education or the department's designee, including officials of the department of health and senior services, or officials of the local health department.

Evidence of compliance with the inspections required by this section shall be kept on file and available to parents of children enrolling in the child-care facility.

2.

Local inspection of child-care facilities, summer camps, or day camps may be accomplished if the standards employed by local personnel are substantially equivalent to state standards and local personnel are available for enforcement of such standards.

3.

Any child-care facility, summer camp, or day camp may request a variance from a rule or regulation promulgated pursuant to this section.

The request for a variance shall be made in writing to the department of elementary and secondary education and shall include the reasons the facility or camp is requesting the variance.

The department shall approve any variance request that does not endanger the health or safety of the children served by the facility or camp.

The burden of proof at any appeal of a disapproval of a variance application shall be with the department of elementary and secondary education.

Local inspectors may grant a variance, subject to approval by the department of elementary and secondary education.

4.

The department of elementary and secondary education shall administer the provisions of sections 210.252 to 210.256, with the cooperation of the state fire marshal, the department of health and senior services, local fire departments and local health agencies.

5.

The department of elementary and secondary education shall promulgate rules and regulations to implement and administer the provisions of sections 210.252 to 210.256.

Such rules and regulations shall provide for the protection of children in all child-care facilities, summer camps, or day camps whether or not such facility or camp is subject to the licensing provisions of sections 210.201 to 210.245.

HB 3142 17 6.

The department of health and senior services, after consultation with the department of elementary and secondary education, may promulgate rules and regulations to implement and administer the provisions of this section related to sanitation requirements.

Such rules and regulations shall provide for the protection of children in all child-care facilities, summer camps, or day camps whether or not such facility or camp is subject to the licensing provisions of sections 210.201 to 210.245.

7.

Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in sections 210.252 to 210.256 shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028.

All rulemaking authority delegated prior to August 28, 1999, is of no force and effect and repealed.

Nothing in this section shall be interpreted to repeal or affect the validity of any rule filed or adopted prior to August 28, 1999, if it fully complied with all applicable provisions of law.

This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536 to review, to delay the effective date or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 1999, shall be invalid and void.

210.256.

1.

Any person who violates any provision of sections 210.252 to 210.255, or who for such person or for any other person makes a materially false statement in the notice of parental responsibility required by sections 210.254 and 210.255, shall be guilty of an infraction for the first offense and shall be assessed a fine not to exceed two hundred dollars and shall be guilty of a class A misdemeanor for subsequent offenses.

In case such guilty person is a corporation, association, institution, or society, the officers thereof who participate in such violation shall be subject to the same penalties.

2.

In addition to initiating proceedings pursuant to subsection 1 of this section, or in lieu thereof, the prosecuting attorney of the county where the child-care facility, summer camp, or day camp is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child-care facility, summer camp, or day camp for violating any provision of section 210.252.

The injunction shall remain in force until such time as the court determines that the child-care facility, summer camp, or day camp is in substantial compliance.

3.

In cases of imminent bodily harm to children in the care of a child-care facility, summer camp, or day camp, the department of elementary and secondary education may apply to the circuit court of the county in which the child-care facility, summer camp, or day camp is located for injunctive relief, which may include removing the children from the HB 3142 18 facility or camp, overseeing the operation of the facility or camp, or closing the facility or camp.