PRINTER'S NO. 398
No. 385 Session of 1999
INTRODUCED BY MUNDY, SOLOBAY, MANDERINO, BUXTON, TULLI, BELARDI, GEIST, GEORGE, SEYFERT, COY, BEBKO-JONES, GIGLIOTTI, MARKOSEK, NICKOL, PESCI, STURLA, MAITLAND, HERMAN, SANTONI, LEDERER, SHANER, TRAVAGLIO, READSHAW, DRUCE, PLATTS, RUBLEY, TANGRETTI, DeWEESE, McILHINNEY, HENNESSEY, WOJNAROSKI, WILLIAMS, HALUSKA, VAN HORNE, GORDNER, TRELLO, WALKO, SAINATO, BROWNE, STABACK, HORSEY, MAHER, GODSHALL, DeLUCA, CURRY, STEELMAN, ORIE, HARHAI, McCALL, ROEBUCK, L. I. COHEN, BARRAR, SURRA, RAMOS, MELIO, JOSEPHS, COLAFELLA, ROBINSON, SCRIMENTI, M. COHEN, PETRARCA, TRICH, JAMES, YOUNGBLOOD AND THOMAS, FEBRUARY 8, 1999
REFERRED TO COMMITTEE ON AGING AND YOUTH, FEBRUARY 8, 1999
AN ACT 1 Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An 2 act to consolidate, editorially revise, and codify the public 3 welfare laws of the Commonwealth," providing for unannounced 4 inspections. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. The act of June 13, 1967 (P.L.31, No.21), known 8 as the Public Welfare Code, is amended by adding a section to 9 read: 10 Section 215. Regulations for Inspections Without Prior 11 Notice.--(a) For the purpose of conducting an inspection of a 12 child day care center or group child day care home as defined by 13 this act or by regulation, without prior notice, the department 14 shall be authorized to apply specific core health and safety
1 regulations that it has determined, if not enforced, would pose 2 a significant risk to the health and safety of a child. At all 3 times, the department shall retain the authority to enforce all 4 department regulations that pertain to the child day care 5 facility or agency. 6 (b) The department shall promulgate regulations that specify 7 the core health and safety regulations that it may apply for the 8 purpose of conducting an inspection without prior notice. Core 9 health and safety regulations shall include, but not be limited 10 to, regulations pertaining to staff-to-child ratios, group 11 sizes, prevention of disease, equipment safety, sanitation and 12 food handling. 13 (c) The department shall conduct at least one inspection 14 annually during operational hours without prior notice of child 15 day care centers and group child day care homes to determine the 16 standard of care being administered to the children for whom 17 child day care is provided. 18 (d) The department shall promulgate regulations to implement 19 this section. 20 Section 2. This act shall take effect in one year. A25L67MRD/19990H0385B0398 - 2 -