PRINTER'S NO. 1286
No. 1110 Session of 2001
INTRODUCED BY BIRMELIN, SAYLOR, ARMSTRONG, M. BAKER, BARLEY,
BARRAR, BASTIAN, BENNINGHOFF, CALTAGIRONE, CLARK, CLYMER,
COLEMAN, DAILEY, DALEY, EGOLF, FLEAGLE, FORCIER, GABIG,
GEIST, GODSHALL, HENNESSEY, HERSHEY, HORSEY, LEH, McILHATTAN,
MELIO, PETRARCA, ROHRER, SATHER, SCHULER, STERN, TANGRETTI,
E. Z. TAYLOR, WATSON, WILT, YEWCIC, YOUNGBLOOD, ZIMMERMAN,
TRELLO, STABACK AND STRITTMATTER, MARCH 21, 2001
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 21, 2001
AN ACT
1 Regulating religious child-care facilities; providing for the
2 powers and duties of the Department of Public Welfare; and
3 imposing penalties.
4 The General Assembly finds and declares as follows:
5 (1) The General Assembly recognizes that a significant
6 number of parents choose to obtain child care from religious
7 child-care facilities where training, values and guidance
8 that are consistent with the religious views and beliefs of
9 the parents will be imparted to the child. It is the policy
10 of the Commonwealth to preserve the primary right of parents
11 to choose the education, training and care of their children.
12 (2) The General Assembly further recognizes that
13 nonprofit religious child-care facilities believe the
14 provision of child care at a reasonable cost to parents to be
15 part of their religious mission to assist parents in the care
16 and upbringing of their children. Because of the religious
1 nature of such facilities, it is the policy of the
2 Commonwealth to refrain from subjecting them to unnecessary
3 regulation and undue governmental intrusion, particularly in
4 religiously sensitive areas relating to the selection of
5 employees, program content and guidance.
6 (3) At the same time, the General Assembly recognizes
7 its duty to protect the health and safety of children whose
8 parents choose to utilize religious child-care services by
9 assuring that religious child-care providers comply with
10 minimum health and safety requirements.
11 (4) It is the intent of the General Assembly to balance
12 these interests in protecting parental choice, religious
13 freedom and child safety at religious child-care facilities
14 by enacting the following provisions to govern the operation
15 of religious child-care facilities.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Short title.
19 This act shall be known and may be cited as the Religious
20 Child-Care Facilities Act.
21 Section 2. Definitions.
22 The following words and phrases when used in this act shall
23 have the meanings given to them in this section unless the
24 context clearly indicates otherwise:
25 "Aide." An individual who assists in the provision of care
26 for children at a facility, is at least 16 years of age, has had
27 at least 12 hours of child-care orientation on facility
28 procedures and has completed general first aid and fire safety
29 training. An aide must be directly supervised by a primary
30 caregiver or director.
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1 "Caregiver." An individual who provides child-care services
2 to children at a facility.
3 "Child care." Care in lieu of parental care given for part
4 of the 24-hour day to children under 16 years of age away from
5 their own homes.
6 "Department." The Department of Public Welfare of the
7 Commonwealth.
8 "Direct supervision." Oversight of an individual by a
9 supervisor who is onsite, knows the whereabouts of the
10 supervised individual and is responsible for the proper
11 execution of the supervised individual's duties. Direct
12 supervision does not require that the supervisor be physically
13 present with the supervised individual at all times.
14 "Director." The person who is in charge of a facility, is at
15 least 21 years of age and has completed a program of instruction
16 in general first aid training, including instruction in
17 childhood injury prevention and infectious diseases and has had
18 fire safety training and at least 1,040 hours of experience in
19 teaching or working with children.
20 "Filing religious child-care facility." A religious child-
21 care facility other than a nonfiling religious child-care
22 facility as defined in this act.
23 "Nonfiling religious child-care facility." A religious
24 child-care facility which provides child care:
25 (1) for children who are two years seven months of age
26 and older and who are enrolled in a school which is a
27 nonpublic nonlicensed school that has elected to file an
28 affidavit as described in section 1327(b) of the act of March
29 10, 1949 (P.L.30, No.14), known as the Public School Code of
30 1949;
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1 (2) for children who are two years seven months of age
2 and older who are enrolled in before-or-after school programs
3 or summer school programs offered by nonpublic nonlicensed
4 schools which have elected to file an affidavit as described
5 in section 1327(b) of the Public School Code of 1949;
6 (3) to fewer than four children;
7 (4) to children while their parents are on the premises
8 during religious instruction or during other youth activities
9 sponsored by religious entities; or
10 (5) free of charge.
11 "Primary caregiver." An individual who is responsible for
12 the daily care of children at a facility, is at least 18 years
13 of age, has had general first aid and fire safety training and
14 has had at least 520 hours of experience in teaching or working
15 with children.
16 "Religious child-care facility." A premises that is operated
17 or controlled or supervised by a bona fide church, association
18 of churches or other religious body that is exempt from taxation
19 under § 501(c)(3) of the Internal Revenue Code of 1986 (Public
20 Law 99-514, 26 U.S.C. § 1 et seq.) and in which child care is
21 provided as part of the religious mission of that church,
22 association of churches or other religious body.
23 "Staff person." An individual who may be counted for
24 purposes of compliance with the staff-to-child ratios required
25 by this act. The term includes a director, primary caregiver or
26 aide and may also include an individual who meets those
27 qualifications but does not receive pay for that individual's
28 services.
29 Section 3. Duties of filing religious child-care facilities.
30 (a) Fire safety requirements.--
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1 (1) A filing religious child-care facility shall comply
2 with applicable State and local fire safety requirements,
3 shall adopt a written plan for emergency evacuation and shall
4 conduct a fire drill at least every 60 days and keep a
5 written record thereof on file at the facility.
6 (2) The filing religious child-care facility shall
7 insure that children are able to evacuate the entire building
8 into a public thoroughfare, or to a fire-safe area within two
9 and one-half minutes, unless a fire safety expert has
10 specified in writing that a longer evacuation time is safe.
11 (b) Compliance with other laws.--A filing religious child-
12 care facility shall comply with applicable State laws relating
13 to health and safety promulgated by the Department of
14 Agriculture, the Department of Environmental Protection, the
15 Department of Health, the Department of Labor and Industry and
16 the Department of Transportation and shall maintain an approved
17 first-aid kit for emergency treatment which shall be readily
18 available to staff.
19 (c) Parental right of access.--A filing religious child-care
20 facility shall allow a parent or guardian of a child for whom it
21 is providing care to have access, without prior notice, to the
22 facility during normal hours of operation or whenever such child
23 is in the care of a provider unless a court of competent
24 jurisdiction has limited the parental right of access to the
25 child and a copy of the court order is on file at the facility.
26 (d) Child Protective Services Law.--A filing religious
27 child-care facility shall comply with applicable provisions of
28 23 Pa.C.S. Ch. 63 (relating to child protective services),
29 including requirements for obtaining criminal background and
30 child abuse checks for employees and for reporting child abuse.
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1 (e) Staffing.--
2 (1) A filing religious child-care facility shall have:
3 (i) One or more persons who hold a current
4 certificate of completion of pediatric first aid training
5 at the facility when children are in care. Such pediatric
6 first aid training shall include choke-saving and rescue
7 breathing techniques.
8 (ii) At least one person at the facility who holds a
9 current certificate of completion of training in infant
10 and child cardiopulmonary resuscitation (CPR) when a
11 child, whose physician has determined that he is at
12 increased risk for needing heart resuscitation, is in
13 care at the facility.
14 (2) Staff-to-child ratios.--A filing religious child-
15 care facility shall maintain the following staff-to-child
16 ratios:
17 (i) A facility shall provide one staff person for
18 every four children who are from birth to one year of
19 age; one staff person for every five children who are
20 between one and two years of age; and one staff person
21 for every six children between two and three years of
22 age. All children shall be directly supervised by a staff
23 person.
24 (ii) When children are swimming or wading, a
25 facility shall provide one staff person for every child
26 from birth to one year of age; one staff person for every
27 two children who are between one and three years of age;
28 one staff person for every five children between three
29 and six years of age; and one staff person for every
30 eight school-age children. If children are in mixed age
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1 groups with no children younger than three years of age
2 in care, the staff ratio applicable for the majority of
3 children in care shall apply. Parents and adult
4 volunteers may be counted for purposes of determining
5 water safety ratios.
6 (f) Staff medical examinations.--
7 (1) A filing religious child-care facility shall require
8 that all prospective staff persons, prior to employment,
9 obtain a medical examination and health statement from a
10 licensed physician, certified registered nurse practitioner
11 or licensed physician's assistant. The examination shall
12 include tests to determine whether the individual is free of
13 serious communicable disease that may be spread through
14 casual contact and the health statement shall indicate
15 whether the individual has any such disease.
16 (2) A staff person who is not free of such disease may
17 not be employed or utilized by a facility unless the health
18 statement indicates that the individual will not pose a
19 serious threat to the health of children in care.
20 (3) The health statement shall be maintained on file at
21 the facility.
22 (g) Child medical examination and immunization.--A filing
23 religious child-care facility shall require that each child who
24 enrolls in the facility has obtained a medical examination from
25 a licensed physician, certified registered nurse practitioner or
26 licensed physician's assistant within the 12 months preceding
27 enrollment and has obtained age-appropriate immunizations. A
28 record of the medical examination and immunization shall be
29 maintained on file at the facility no later than 60 days
30 following enrollment unless the child is exempt from
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1 immunization pursuant to 28 Pa. Code § 23.84 (relating to
2 exemption from immunization) and the facility has written
3 documentation of that exemption.
4 (h) Renewal of caregiver training.--A filing religious
5 child-care facility shall require that caregivers renew their
6 required training on or before expiration of any certification
7 for such training, if applicable, or every three years.
8 (i) Affidavit from facility.--
9 (1) All filing religious child-care facilities shall
10 file an affidavit with the department which states the
11 following:
12 (i) The name, address and telephone number of the
13 facility.
14 (ii) The name and address of the religious entity or
15 entities that control, operate or supervise the facility.
16 (iii) The name of the director or chief
17 administrator of the facility.
18 (iv) That the facility is in compliance with
19 applicable Federal and State civil rights statutes.
20 (2) A facility shall file an amended affidavit with the
21 department within 30 days if any information contained in the
22 affidavit which previously was submitted, changes.
23 (j) Facility plan.--
24 (1) A filing religious child-care facility shall have a
25 written plan outlining its own:
26 (i) Procedures for handling medical emergencies,
27 including maintenance of emergency contact information
28 for each child in care.
29 (ii) Program of typical daily activities.
30 (iii) Health and safety procedures, including drop-
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1 off and pick-up procedures and procedures for dispensing
2 medications.
3 (iv) Procedures for food handling.
4 (v) Procedures for maintaining sanitary conditions.
5 (vi) Fee schedules.
6 (vii) Staff qualifications.
7 (2) The plan shall be provided to parents and guardians
8 prior to enrollment of their children in the facility.
9 (k) General health and safety maintained.--A filing
10 religious child-care facility shall maintain ventilation,
11 temperature, lighting and heat sources so as not to endanger the
12 health or safety of children in care. No child may be exposed to
13 hazardous materials and conditions such as toxins and poisons,
14 unprotected electrical outlets and firearms.
15 (l) Insurance.--All filing religious child-care facilities
16 shall have comprehensive general liability insurance to cover
17 persons who are on the premises. A current copy of the insurance
18 policy shall be on file at the facility.
19 Section 4. Time for filing and compliance with qualifications.
20 (a) Time for filing.--All religious child-care facilities
21 which are operating on the effective date of this act and which
22 do not qualify as nonfiling facilities shall file with the
23 department the affidavit required by section 3(i) within 90
24 days. All other religious child-care facilities which are
25 required to file under this act must do so at least 14 days
26 before commencement of operations.
27 (b) Existing personnel.--The existing director and child
28 caregivers of a religious child-care facility which is required
29 by this act to file and which has been in operation prior to the
30 effective date of this act shall be permitted to continue to
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1 provide child care at the facility under this act, provided that
2 these individuals satisfy the requirements for their respective
3 duties and obtain required medical examinations and health
4 statements within one year of the effective date of this act.
5 Section 5. Powers and duties of department.
6 (a) Inspections.--
7 (1) The department shall conduct at least one annual
8 unannounced visit and inspection of each filing religious
9 child-care facility in which care is provided to seven or
10 more children. The inspection shall be conducted during
11 normal operating hours or at other times when children are
12 being cared for at the facility to determine whether the
13 facility is in compliance with the requirements of this act.
14 (2) The department shall visit and inspect other filing
15 facilities in which care is provided to fewer than seven
16 children as deemed appropriate by the department.
17 (3) The department shall conduct additional inspections
18 of a filing facility if it has reasonable cause to believe
19 that the inspections are necessary to protect the health and
20 safety of children in care at the facility.
21 (4) The department shall conduct an onsite unannounced
22 inspection, within 24 hours, excluding days that the
23 department has determined the facility is not in operation,
24 upon receipt of a complaint alleging an immediate and serious
25 risk to the health or safety of a child in care at a filing
26 facility. Complaints prompting an inspection pursuant to this
27 subsection shall include severe injury or death of a child in
28 care, allegations of child abuse or conditions or practices
29 that create an immediate and serious risk to a child.
30 (5) At its first inspection of a filing facility
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1 pursuant to this act, the department shall provide the
2 facility with a copy of this act.
3 (b) Enforcement of substantial compliance.--
4 (1) Whenever, upon visitation and inspection, the
5 department finds that a filing facility is in substantial
6 noncompliance with this act, the department shall give
7 written notice to the facility concerning the nature of the
8 alleged noncompliance and shall direct the director or chief
9 administrator of the facility to comply with this act.
10 (2) If substantial compliance does not occur within 30
11 days of the date of the notice, the department may thereafter
12 institute appropriate legal proceedings in the court of
13 common pleas of the county in which the facility is located
14 to enforce substantial compliance.
15 (c) Emergency closure of dangerous facilities.--
16 (1) If the department finds that conditions exist that
17 pose an immediate and serious risk to the health or safety of
18 children in care at a filing facility, the department shall
19 take immediate action necessary to protect such children.
20 (2) The department may also apply to the court of common
21 pleas of the county in which the facility is located for
22 immediate injunctive relief, including removal of children
23 from the facility or closure of the facility. In such case,
24 the department shall bear the burden of proving that
25 conditions exist that pose an immediate and serious risk to
26 the health or safety of children in care that necessitate the
27 relief requested.
28 (d) Filing fee prohibited.--The department may not charge a
29 filing fee for filing religious child-care facilities.
30 Section 6. Autonomy of religious child-care facilities.
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1 (a) Program and selection of personnel and children.--The
2 department, any other governmental agency, political subdivision
3 or other governmental entity shall not attempt to exercise
4 authority over the program, curriculum, ministry, teaching or
5 instruction offered in a religious child-care facility. Nor
6 shall any such governmental entity attempt to exercise authority
7 over the selection of personnel for, or children who enroll in,
8 a religious child-care facility.
9 (b) Other laws preempted.--The department shall not have any
10 authority over religious child-care facilities, except as
11 specifically provided for in this act. All ordinances, rules,
12 regulations or other requirements of any political subdivision
13 which purport to regulate a religious child-care facility are
14 hereby preempted and superseded, except as provided under
15 section 3(a) or as provided by any generally applicable building
16 code or zoning ordinance.
17 Section 7. Other provisions.
18 (a) Voluntary compliance.--Any nonfiling religious child-
19 care facility may voluntarily become a filing religious child-
20 care facility by filing an affidavit with the department
21 pursuant to section 3(i) and complying with the provisions of
22 this act. Nothing in this act shall be construed to prevent a
23 religious child-care facility from voluntarily obtaining a
24 certificate of compliance or license from the department in lieu
25 of filing pursuant to this act and of complying with this act.
26 (b) Public school code affidavits.--Any nonfiling religious
27 child-care facility that provides care for children who are two
28 years seven months and older and are enrolled in a school that
29 is registered as, or is part of a nonpublic nonlicensed school
30 that files an affidavit as described in section 1327(b) of the
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1 act of March 10, 1949 (P.L.30, No.14), known as the Public
2 School Code of 1949, shall only be required to comply with
3 health and safety requirements imposed upon nonpublic
4 nonlicensed schools and shall meet the requirements of section
5 3(g).
6 Section 8. Penalties.
7 A person commits a misdemeanor of the second degree if, with
8 intent to mislead a public servant in performing his official
9 function, he makes a false statement which he does not believe
10 to be true in an affidavit required to be filed by section 3(i).
11 Section 9. Eligibility for governmental assistance.
12 A religious child-care facility which files, pursuant to this
13 act and is in substantial compliance with this act, shall be
14 deemed an eligible provider of child-care services for which
15 Federal, State or local assistance is available to parents. The
16 department shall not submit any State plan to the Federal
17 Government for funding of child-care services which would limit
18 the ability of filing religious child-care facilities to accept
19 certificates, vouchers or other forms of disbursement provided
20 to parents for child-care services unless such limits are
21 expressly required by Federal law.
22 Section 10. Effective date.
23 This act shall take effect in 90 days.
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