On July 11, Governor Mike Parson signed HB 397, a child protection bill which included “Nathan’s Law” to protect and strengthen the safety of young children receiving care and education in unlicensed, in-home childcare providers. The law will go into effect on August 28.
“For over a decade, families of children who have died in unlicensed care have urged the general assembly to take action by fixing the lax laws to prevent future tragedies,” said Senator Jill Schupp. “Finally, after the tireless and persistent work of so many, the loophole has been closed and more accountability standards for providers are in place. I am thankful to all who have helped make this legislation protecting our vulnerable young children, law in the State of Missouri.”
According to a news release, current law in Missouri allows an unlicensed, in-home childcare provider to care for four or fewer unrelated children in addition to an unlimited number of related children up to the third degree. Beginning August 28, these providers may care for a total of six children, and no more than three under the age of 2.
“Since November, at least two infant fatalities occurred in Missouri when unlicensed in-home providers were attempting to care for more children than allowed by law,” said Craig Stevenson, director of policy and advocacy at Kids Win Missouri. “Our state’s infants will be safer under this new law. We are grateful for Sen. Schupp’s work to bring stakeholders from across the state together to create a workable solution.”
The legislation also increases the criminal penalties for those who violate the childcare licensure statutes and creates a civil penalty enforceable by the Department of Health and Senior Services, while ensuring adequate due process protections for providers who are operating in good faith.
“This change in law lowers child-to-adult ratios, which are proven to ensure that young children get enough one-on-one attention from an adult who is available to care for each child’s unique needs,” Robin Phillips, CEO of Child Care Aware® of Missouri said. “These individualized relationships help infants, toddlers, and preschoolers thrive in their development as well as reduce stress and feelings of being overwhelmed for both the child and the adult.”