Missouri Revised Statutes
Chapter 210
Child Protection and Reformation
←210.203
Section 210.211.1
210.215→
August 28, 2015
License required--exceptions--disclosure of licensure status, when.
210.211. 1. It shall be unlawful for any person to establish,
maintain or operate a child-care facility 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 health and senior services; except that
nothing in sections 210.203 to 210.245 shall apply to:
(1) Any person who is caring for four or fewer children. For
purposes of this subdivision, children who are related by blood, marriage
or adoption to such person within the third degree shall not be considered
in the total number of children being cared for;
(2) Any person who has been duly appointed by a court of competent
jurisdiction the guardian of the person of the child or children, or the
person who has legal custody of the child or children;
(3) 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;
(4) Any graded boarding school, summer camp, hospital, sanitarium or
home which is conducted in good faith primarily to provide education,
recreation, medical treatment, or nursing or convalescent care for
children;
(5) Any child-care facility maintained or operated under the
exclusive control of a religious organization. When 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;
(6) Any residential facility or day program licensed by the
department of mental health pursuant to sections 630.705 to 630.760 which
provides care, treatment and habilitation exclusively to children who have
a primary diagnosis of mental disorder, mental illness, intellectual
disability or developmental disability, as defined in section 630.005; and
(7) Any nursery school.
2. 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 (5) of subsection 1 of this
section.
3. Any child care facility not exempt from licensure shall disclose
the licensure status of the facility to the parents or guardians of
children for which the facility provides care. 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.
4. Any in-home licensed child care facility that is organized as a
corporation, association, firm, partnership, proprietorship, limited
liability company, or any other type of business entity in this state shall
qualify for the exemption for related children for children who are related
to the member of the corporation, association, firm, partnership,
proprietorship, limited liability company, or other type of business entity
who is responsible for the daily operation of the child care facility and
who meets the requirements of the child care provider. If more than one
member of the corporation, association, firm, partnership, proprietorship,
limited liability company, or other type of business entity is responsible
for the daily operation of the child care facility, the exemption for
related children shall only be granted for children who are related to one
of the members. All child care facilities under this subsection shall
disclose the licensure status of the facility to the parents or guardians
of children for which the facility provides care. A parent or guardian
shall sign a written notice indicating he or she is aware of the licensure
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.
(RSMo 1949 § 210.230, A.L. 1955 p. 685 § 210.210, A.L. 1982 H.B. 1171,
et al., A.L. 1989 S.B. 241, A.L. 1993 H.B. 376, A.L. 1999 H.B.
490 & H.B. 308, A.L. 2004 H.B. 1453, A.L. 2012 H.B. 1323, A.L.
2014 H.B. 1064 merged with H.B. 1831 merged with S.B. 869)
2012
2004
1999
2012
210.211. 1. It shall be unlawful for any person to establish,
maintain or operate a child-care facility 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 health and senior services; except that
nothing in sections 210.203 to 210.245 shall apply to:
(1) Any person who is caring for four or fewer children. For
purposes of this subdivision, children who are related by blood, marriage
or adoption to such person within the third degree shall not be considered
in the total number of children being cared for;
(2) Any person who has been duly appointed by a court of competent
jurisdiction the guardian of the person of the child or children, or the
person who has legal custody of the child or children;
(3) 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;
(4) Any graded boarding school, summer camp, hospital, sanitarium or
home which is conducted in good faith primarily to provide education,
recreation, medical treatment, or nursing or convalescent care for
children;
(5) Any child-care facility maintained or operated under the
exclusive control of a religious organization. When 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;
(6) Any residential facility or day program licensed by the
department of mental health pursuant to sections 630.705 to 630.760 which
provides care, treatment and habilitation exclusively to children who have
a primary diagnosis of mental disorder, mental illness, mental retardation
or developmental disability, as defined in section 630.005; and
(7) Any nursery school.
2. 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. 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 (5) of subsection 1 of this
section.
3. Any child care facility not exempt from licensure shall disclose
the licensure status of the facility to the parents or guardians of
children for which the facility provides care. 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.
2004
210.211. 1. It shall be unlawful for any person to establish, maintain
or operate a child-care facility 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 health and senior services; except that nothing in
sections 210.203 to 210.245 shall apply to:
(1) Any person who is caring for four or fewer children. For purposes of
this subdivision, children who are related by blood, marriage or adoption to
such person within the third degree shall not be considered in the total
number of children being cared for;
(2) Any person who has been duly appointed by a court of competent
jurisdiction the guardian of the person of the child or children, or the
person who has legal custody of the child or children;
(3) 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;
(4) Any graded boarding school, summer camp, hospital, sanitarium or
home which is conducted in good faith primarily to provide education,
recreation, medical treatment, or nursing or convalescent care for children;
(5) Any child-care facility maintained or operated under the exclusive
control of a religious organization. When 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;
(6) Any residential facility or day program licensed by the department
of mental health pursuant to sections 630.705 to 630.760 which provides care,
treatment and habilitation exclusively to children who have a primary
diagnosis of mental disorder, mental illness, mental retardation or
developmental disability, as defined in section 630.005; and
(7) Any nursery school.
2. 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. 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 (5) of subsection 1 of this section.
1999
210.211. 1. It shall be unlawful for any person to establish, maintain
or operate a child-care facility 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 health and senior services; except that nothing in sections
210.203 to 210.245 shall apply to:
(1) Any person who is caring for four or fewer children. For purposes
of this subdivision, children who are related by blood, marriage or adoption
to such person within the third degree shall not be considered in the total
number of children being cared for;
(2) Any person who has been duly appointed by a court of competent
jurisdiction the guardian of the person of the child or children, or the
person who has legal custody of the child or children;
(3) 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;
(4) Any graded boarding school, summer camp, hospital, sanitarium or
home which is conducted in good faith primarily to provide education,
recreation, medical treatment, or nursing or convalescent care for children;
(5) Any child-care facility maintained or operated under the exclusive
control of a religious organization. When 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;
(6) Any residential facility or day program licensed by the department
of mental health pursuant to sections 630.705 to 630.760, RSMo, which provides
care, treatment and habilitation exclusively to children who have a primary
diagnosis of mental disorder, mental illness, mental retardation or
developmental disability, as defined in section 630.005, RSMo; and
(7) Any nursery school.
2. 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. 1766. Grants to
parents for child care pursuant to sections 210.201 to 210.257 shall not be
construed to be funds received by the facility.
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