Effective - 28 Aug 2022, 3 histories
210.245. Violations, penalties — prosecutor may file suit to oversee or prevent operation of day care center — attorney general may seek injunction, when — unlicensed facilities, civil penalty — fund established, use of moneys. — 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 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 is located may file suit for a preliminary and permanent order overseeing or preventing the operation of a child-care facility 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 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 elementary and secondary education may request that the attorney general seek an injunction of the operation of such child-care facility.
6. In cases of imminent bodily harm to children in the care of a child-care facility, including an unlicensed, nonexempt facility, the department may file suit in the circuit court of the county in which the child-care facility is located for injunctive relief, which may include removing the children from the facility, overseeing the operation of the facility or closing the facility. 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 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 laws and regulations, including licensed or exempt status; educational initiatives relating to, inter alia, 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.
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(L. 1955 p. 685, A.L. 1993 H.B. 376, A.L. 1999 H.B. 490 & H.B. 308, A.L. 2012 H.B. 1323, A.L. 2019 H.B. 397, A.L. 2022 S.B. 683)
Structure Missouri Revised Statutes
Title XII - Public Health and Welfare
Chapter 210 - Child Protection and Reformation
Section 210.004 - Law enforcement agencies, record of custody of child.
Section 210.027 - Direct payment recipients, child care providers — department's duties.
Section 210.030 - Blood tests of pregnant women.
Section 210.040 - Blood test results — confidential.
Section 210.050 - Reporting required.
Section 210.060 - Noncompliance a misdemeanor — penalty.
Section 210.070 - Prophylactic eye drops at birth — objection to, when.
Section 210.080 - Report of infant eye inflammation, by whom.
Section 210.100 - Violation a misdemeanor.
Section 210.108 - Dominic James Memorial Foster Care Reform Act, statutes involved.
Section 210.110 - Definitions.
Section 210.113 - Accreditation goal, when to be achieved.
Section 210.114 - Qualified immunity for private contractor, when — exceptions.
Section 210.116 - Sharing of information with child welfare agencies and law enforcement, when.
Section 210.117 - Child not reunited with parents or placed in a home, when.
Section 210.120 - Medical institution staff members, duties of.
Section 210.127 - Diligent search for biological parents required, when.
Section 210.130 - Oral reports, when and where made — contents of reports.
Section 210.135 - Immunity from liability, when — exception — preliminary evaluation required, when.
Section 210.140 - Privileged communication not recognized, exception.
Section 210.150 - Confidentiality of reports and records, exceptions — violations, penalty.
Section 210.165 - Penalty for violation.
Section 210.166 - Medical neglect of child, who may bring action — procedure.
Section 210.171 - Definitions.
Section 210.172 - Powers and duties of board.
Section 210.180 - Division employees to be trained.
Section 210.183 - Alleged perpetrator to be provided written description of investigation process.
Section 210.188 - Report to general assembly and governor, contents.
Section 210.194 - Rules, guidelines and protocols — confidentiality requirements.
Section 210.201 - Definitions.
Section 210.203 - Complaints against child care facilities, open records to be kept by department.
Section 210.231 - Department of elementary and secondary education may delegate powers.
Section 210.241 - Judicial review.
Section 210.256 - Violations, penalties — injunction, procedure.
Section 210.257 - Rules, procedure to adopt.
Section 210.278 - Exempt from licensure, when.
Section 210.481 - Definitions.
Section 210.484 - Residential care facilities license required.
Section 210.496 - Refusal to issue, suspension or revocation of licenses — grounds.
Section 210.501 - Application for licensure, form, contents.
Section 210.506 - Rules, procedure — promulgation, persons to be consulted.
Section 210.516 - Exceptions to license requirement — division may not require documentation.
Section 210.521 - Assistance for division in licensure of foster homes.
Section 210.531 - Violations or false statements, penalty.
Section 210.537 - County foster parent associations may be established, duties of division.
Section 210.539 - State health insurance, foster parents may purchase, when.
Section 210.543 - Specialized foster parents, training, fiscal incentives.
Section 210.545 - Respite care facilities for foster families — rules and regulations — procedure.
Section 210.564 - Citation of law — foster care bill of rights.
Section 210.566 - Foster parents' bill of rights.
Section 210.570 - Text of compact.
Section 210.580 - Compact binding, when.
Section 210.590 - Courts and agencies to cooperate to promote purposes of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.620 - Compact enacted, text of compact.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.625 - Financial responsibility for child, how fixed.
Section 210.630 - Definitions — governor's appointment of administrator authorized.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.635 - Placement authority of courts, retention of jurisdiction.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.640 - Placements from nonparty states, procedure for.
Section 210.650 - Contingent effective date.
Section 210.652 - Electronic exchanging of data and documents.
Section 210.680 - Rulemaking authority.
Section 210.761 - Right to testify at foster care hearings, qualifications, limitation.
Section 210.762 - Family support team meetings to be held, when — who may attend — form to be used.
Section 210.764 - Certain case records available for review by parents or guardians.
Section 210.790 - Foster parent standing for court proceedings.
Section 210.817 - Definitions.
Section 210.818 - Relationship not dependent on marriage.
Section 210.819 - Parent and child relationship, how established.
Section 210.822 - Presumption of paternity — rebuttal of presumption, standard of proof.
Section 210.828 - Statute of limitations, exception — notification form required, when.
Section 210.829 - Jurisdiction, venue, severance — effect of failure to join action for necessaries.
Section 210.830 - Parties — guardian ad litem, when appointed.
Section 210.834 - Blood tests — expert defined.
Section 210.836 - Evidence relating to paternity.
Section 210.838 - Pretrial recommendation — actions, effect of party's refusal to accept.
Section 210.841 - Judgment or order, contents — amount of support, presumption.
Section 210.844 - Applicability of certain statutes.
Section 210.845 - Modification of decree, when — procedure, burden.
Section 210.846 - Hearings and records, confidentiality — inspection allowed, when.
Section 210.848 - Action to declare mother and child relationship.
Section 210.849 - Birth records.
Section 210.850 - Uniformity of application and construction.
Section 210.851 - Citation of law.
Section 210.852 - Application to actions commenced prior to effective date.
Section 210.853 - Parenting plan in paternity actions.
Section 210.875 - Children's services commission study, purpose.
Section 210.877 - Courts and agencies to provide information.
Section 210.900 - Definitions.
Section 210.903 - Family care safety registry and access line established, contents.
Section 210.912 - Right to appeal, procedure.
Section 210.915 - Departmental collaboration on registry information — rulemaking authority.
Section 210.918 - Toll-free telephone service maintained for access to information.
Section 210.922 - Use of registry information by certain departments, when.
Section 210.924 - Rulemaking authority.
Section 210.927 - Annual report, when, contents.
Section 210.936 - Registry information deemed public record.
Section 210.1030 - Task force created, members, duties — termination date.
Section 210.1210 - Policy recommendations.
Section 210.1250 - Citation of law.
Section 210.1253 - Definitions.
Section 210.1259 - Director of facility to provide notice — facility registration — inapplicability.
Section 210.1262 - Notification, filing, contents.
Section 210.1263 - Background checks required, when.
Section 210.1265 - Fire, safety, health, and sanitation inspections, facility to comply.
Section 210.1268 - Operation without proper notification, court injunction, when.
Section 210.1280 - Facility compliance list to be maintained, contents.
Section 210.1283 - Failure to complete a background check, penalty.