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

MISSOURI STATUTES AND CODES

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

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

210.245. 1. Any person who violates any provision of sections 210.201to 210.245, or who for such person or for any other person makes materiallyfalse statements in order to obtain a license or the renewal thereof pursuantto sections 210.201 to 210.245, shall be guilty of an infraction for the firstoffense and shall be assessed a fine not to exceed two hundred dollars andshall be guilty of a class A misdemeanor for subsequent offenses. In casesuch guilty person is a corporation, association, institution or society, theofficers thereof who participate in such misdemeanor shall be subject to thepenalties 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 andsenior services shall serve upon the applicant or licensee written notice ofthe proposed action to be taken. The notice shall contain a statement of thetype of action proposed, the basis for it, the date the action will becomeeffective, and a statement that the applicant or licensee shall have thirtydays to request in writing a hearing before the administrative hearingcommission and that such request shall be made to the department of health andsenior services. If no written request for a hearing is received by thedepartment of health and senior services within thirty days of the delivery ormailing by certified mail of the notice to the applicant or licensee, theproposed discipline shall take effect on the thirty-first day after suchdelivery or mailing of the notice to the applicant or licensee. If theapplicant or licensee makes a written request for a hearing, the department ofhealth and senior services shall file a complaint with the administrativehearing commission within ninety days of receipt of the request for a hearing.

3. The department of health and senior services may issue letters ofcensure or warning without formal notice or hearing. Additionally, thedepartment of health and senior services may place a licensee on probationpursuant to chapter 621, RSMo.

4. The department of health and senior services may suspend any licensesimultaneously with the notice of the proposed action to be taken insubsection 2 of this section, if the department of health and senior servicesfinds 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 theappeal rights of the licensee pursuant to this section. The licensee mayappeal the decision to suspend the license to the department of health andsenior services. The appeal shall be filed within ten days from the deliveryor mailing by certified mail of the notice of appeal. A hearing shall beconducted by the department of health and senior services within ten days fromthe date the appeal is filed. The suspension shall continue in effect untilthe conclusion of the proceedings, including review thereof, unless soonerwithdrawn by the department of health and senior services, dissolved by acourt of competent jurisdiction or stayed by the administrative hearingcommission. Any person aggrieved by a final decision of the department madepursuant to this section shall be entitled to judicial review in accordancewith chapter 536, RSMo.

5. In addition to initiating proceedings pursuant to subsection 1 ofthis section, or in lieu thereof, the prosecuting attorney of the county wherethe child-care facility is located may file suit for a preliminary andpermanent order overseeing or preventing the operation of a child-carefacility for violating any provision of sections 210.201 to 210.245. Theorder shall remain in force until such a time as the court determines that thechild-care facility is in substantial compliance. If the prosecuting attorneyrefuses to act or fails to act after receipt of notice from the department ofhealth and senior services, the department of health and senior services mayrequest that the attorney general seek an injunction of the operation of suchchild-care facility.

6. In cases of imminent bodily harm to children in the care of achild-care facility, the department may file suit in the circuit court of thecounty in which the child-care facility is located for injunctive relief,which may include removing the children from the facility, overseeing theoperation of the facility or closing the facility.