Missouri Revised Statutes













Chapter 210

Child Protection and Reformation

←210.241

Section 210.245.1

210.251→

August 28, 2015

Violations, penalties--prosecutor may file suit to oversee or prevent operation of day care center--attorney general may seek injunction, when.

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 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 and shall

be assessed a fine of up to two hundred 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 health and senior services proposes to deny,

suspend, place on probation or revoke a license, the department of health

and senior services 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 health and senior services. If no written request for a

hearing is received by the department of health and senior services 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 health and senior services shall

file a complaint with the administrative hearing commission within ninety

days of receipt of the request for a hearing.



3. The department of health and senior services may issue letters of

censure or warning without formal notice or hearing. Additionally, the

department of health and senior services may place a licensee on probation

pursuant to chapter 621.



4. The department of health and senior services 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 health and senior

services 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 health and senior services. 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 health and

senior services 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 health and senior services, 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 health and senior services, the department of health and

senior services 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, 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.



(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)





1999



1999



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 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 misdemeanor shall be subject to the

penalties provided by law.



2. If the department of health and senior services proposes to deny,

suspend, place on probation or revoke a license, the department of health and

senior services 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 health

and senior services. If no written request for a hearing is received by the

department of health and senior services 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

health and senior services shall file a complaint with the administrative

hearing commission within ninety days of receipt of the request for a hearing.



3. The department of health and senior services may issue letters of

censure or warning without formal notice or hearing. Additionally, the

department of health and senior services may place a licensee on probation

pursuant to chapter 621.



4. The department of health and senior services 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 health and senior services

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 health and

senior services. 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 health and senior services 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 health and senior services, 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 health and senior services, the department of health and senior

services 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, 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.



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