PRINTER'S NO. 560
No. 540 Session of 2001
INTRODUCED BY SCHWARTZ, WAGNER, HUGHES, STOUT, MELLOW,
TARTAGLIONE, BODACK, COSTA, MUSTO, LOGAN, STACK AND WILLIAMS,
FEBRUARY 16, 2001
REFERRED TO AGING AND YOUTH, FEBRUARY 16, 2001
AN ACT
1 Providing for supervision of child-care facilities; conferring
2 powers and duties on the Department of Public Welfare; making
3 an appropriation; and making a repeal.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 3. Administration
9 Section 301. Inspections.
10 Section 302. Inspection reports.
11 Section 303. Child safety disclosure form.
12 Section 304. Dangerous facilities.
13 Section 305. Family day-care homes.
14 Section 306. Facilities exempt from licensure or approval.
15 Section 307. Parental notification.
16 Section 308. Memorandum of understanding.
17 Section 309. Criminal and child abuse history.
18 Section 310. Regulations.
1 Chapter 51. Miscellaneous Provisions
2 Section 5101. Appropriation.
3 Section 5102. Repeal.
4 Section 5103. Effective date.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 CHAPTER 1
8 GENERAL PROVISIONS
9 Section 101. Short title.
10 This act shall be known and may be cited as the Protecting
11 Children in Care Act.
12 Section 102. Definitions.
13 The following words and phrases when used in this act shall
14 have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Child day care." Care in lieu of parental care given for
17 part of a 24-hour day to a child under 16 years of age away from
18 the child's home. The term does not include care in lieu of
19 parental care given to a child under 16 years of age in a place
20 of worship during religious services.
21 "Child day-care center." Any premises in which child day
22 care is provided simultaneously for seven or more children who
23 are not relatives of the provider of the child day care.
24 "Department." The Department of Public Welfare of the
25 Commonwealth.
26 "Facility." Any of the following:
27 (1) Child day-care center.
28 (2) Family day-care home.
29 (3) Premises where a subsidized care provider furnishes
30 child day care.
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1 "Family day-care home." A home in which child day care is
2 provided at any one time to four, five or six children who are
3 not relatives of the provider of the child day care.
4 "Subsidized care provider." A person who directly provides
5 child day-care services that are paid in whole or part from
6 Federal or Commonwealth funds and who is not required to be
7 licensed or registered by the Department of Public Welfare.
8 CHAPTER 3
9 ADMINISTRATION
10 Section 301. Inspections.
11 (a) Authority.--The department may enter and inspect a
12 facility that is regulated by the department. Prior notice shall
13 not be required.
14 (b) Access.--The department shall have free and full access
15 to the facility and the facility grounds, the children in the
16 facility, the records of the facility and the facility staff.
17 The department shall be given the opportunity to privately
18 interview children and staff.
19 (c) Inspections.--The department shall annually conduct at
20 least one onsite, unannounced inspection of each facility. The
21 inspection under this paragraph shall constitute the inspection
22 required by the act of June 13, 1967 (P.L.31, No.21), known as
23 the Public Welfare Code, and related regulations.
24 (d) Additional inspections.--The department shall conduct
25 additional inspections of facilities if any of the following
26 conditions exist:
27 (1) A history of substantial violations of department
28 regulations.
29 (2) A reasonable suspicion of violations of any statute
30 or regulation.
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1 (3) Indications of potential risk to the health, safety
2 or well-being of a child.
3 (4) Any other circumstances provided by regulation.
4 Section 302. Inspection reports.
5 (a) General rule.--The department shall issue a written
6 inspection report to the legal entity for a facility following
7 each onsite inspection of the facility. An inspection report
8 shall be issued regardless of whether there is a violation of
9 the rules.
10 (b) Display.--
11 (1) Each facility shall place the following at a
12 location in the facility that is readily visible and easily
13 accessed by families of the children in care and the general
14 public:
15 (i) The license or certificate and any waivers of
16 rules granted in accordance with department rules.
17 (ii) The most recent onsite inspection report issued
18 by the department.
19 (iii) The violation notice, if one has been issued
20 by the department, until the licensee notifies the
21 department that violations have been corrected.
22 (iv) Any order, if one has been issued by the
23 department, until the order is rescinded by the
24 department or upon a date otherwise fixed by the
25 department.
26 (2) The documents listed in paragraph (1) shall include
27 the name, address and telephone number of a contact within
28 the department for additional information about the license
29 or certificate for the facility.
30 Section 303. Child safety disclosure form.
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1 (a) Contents of form.--Prior to child day-care services
2 being provided, an operator of a facility shall provide to the
3 parents of a child to be placed in care a completed child safety
4 disclosure form. The child safety disclosure form shall:
5 (1) Be on a form provided by the department.
6 (2) List the following regulatory requirements to which
7 the facility operator is subject and others as deemed
8 appropriate by the department:
9 (i) Any State licensing or registration requirement.
10 (ii) Any local government licensing or registration
11 requirement.
12 (iii) Child abuse and criminal history clearance.
13 (iv) Health and safety standards.
14 (v) Annual inspection.
15 (vi) Limit on number of children in care.
16 (vii) Posting of license or certificate of
17 registration.
18 (3) Include proof of compliance with any statute or
19 regulation under paragraph (2) to which the facility operator
20 is subject.
21 (4) List the telephone numbers of agencies where parents
22 can call to confirm the facility operator's safety record or
23 to file a complaint about safety or quality of care.
24 (5) Inform parents that copies of State regulations
25 governing the facility operator are available upon request.
26 (b) Parent signature required.--A facility operator must
27 obtain a signature of a parent as proof that the child safety
28 disclosure form was presented to the parent prior to the
29 commencement of child day-care services.
30 Section 304. Dangerous facilities.
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1 (a) Department responsibility.--
2 (1) If the department finds that conditions exist which
3 pose an immediate and serious threat to health, safety or
4 well-being of children being cared for in a facility, the
5 department shall immediately issue a temporary order to the
6 facility pending the outcome of a hearing under subsection
7 (d) and, if necessary, ensure the removal of the children
8 from the facility.
9 (2) The temporary order shall specify that the facility
10 shall be closed or that specific conditions must be remedied
11 as a condition of continued operation.
12 (3) The temporary order shall specify all conditions
13 that shall be immediately remedied by the facility.
14 (4) The temporary order shall specify the date and time
15 of any required action or closure of the facility.
16 (5) The temporary order shall specify the appeal rights
17 of the facility.
18 (b) Corrective action.--Immediately following the issuance
19 of a temporary order under subsection (a) and until the hearing
20 under subsection (d), the department shall monitor the
21 facility's compliance with the temporary order.
22 (c) Law enforcement assistance.--The department may request
23 and shall receive assistance from law enforcement officials
24 whenever necessary to implement an order issued under this
25 section.
26 (d) Hearings.--Within seven business days of the issuance of
27 a temporary order under subsection (a), the department shall
28 schedule an administrative hearing. If the hearing examiner
29 rules that there was a violation of a statute or regulation
30 which posed an immediate and serious threat to health, safety or
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1 well-being of the children being cared for in the facility, the
2 hearing examiner shall order continued compliance with the
3 temporary order, issue a new order or order the facility closed
4 for a specified period of time. The decision of the hearing
5 examiner shall be rendered within two hours of the conclusion of
6 the hearing.
7 (e) Revocation.--If the department determines that the
8 circumstances resulting in closure were substantially the fault
9 of the licensee or certificate holder, the department shall
10 initiate revocation proceedings under the act of June 13, 1967
11 (P.L.31, No.21), known as the Public Welfare Code, against the
12 licensee or holder of a certificate of the facility.
13 (f) Supersedeas.--The appeal of a temporary order issued
14 under this section shall be deemed an application for a
15 supersedeas which shall be granted only if all of the following
16 apply:
17 (1) There is substantial likelihood of success on
18 appeal.
19 (2) The continued operation of the facility pending
20 appeal will not jeopardize the life, health or safety of
21 children being cared for in a facility.
22 (g) Other entities.--Nothing in this section shall preclude
23 the department from closing or taking other emergency action
24 with regard to an entity supervised or licensed by the
25 department.
26 Section 305. Family day-care homes.
27 (a) Criminal and child abuse history.--In addition to the
28 requirements of 23 Pa.C.S. § 6344 (relating to information
29 relating to prospective child-care personnel), an individual who
30 applies to the department for a registration certificate to
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1 operate a family day-care home shall include criminal and child
2 abuse reports required by 23 Pa.C.S. § 6344(b) for every
3 individual 18 years of age or older who resides in the home for
4 at least 30 days in a calendar year.
5 (b) Effect.--The department shall refuse to issue or renew a
6 registration certificate or shall revoke a registration
7 certificate if the family day-care home provider, an employee of
8 the provider or individual 18 years of age or older who has
9 resided in the home for 30 days in a calendar year:
10 (1) is named in the central register on child abuse
11 established under 23 Pa.C.S. Ch. 63 (relating to child
12 protective services) as the perpetrator of an indicated or
13 founded report of child abuse or a founded report for a
14 school employee; or
15 (2) has been convicted of an offense enumerated in 23
16 Pa.C.S. § 6344(c).
17 Section 306. Facilities exempt from licensure or approval.
18 (a) Requirements.--Subsidized care providers shall:
19 (1) Be subject to health and safety requirements
20 established by law or regulation for family day-care homes.
21 (2) File with the department criminal and child abuse
22 reports required by 23 Pa.C.S. § 6344 (relating to
23 information relating to prospective child-care personnel)
24 prior to the department authorizing the use of Federal or
25 Commonwealth funds.
26 (b) Enforcement.--The department may use the procedures
27 under Article X of the act of June 13, 1967 (P.L.31, No.21),
28 known as the Public Welfare Code, to prohibit subsidized care
29 providers from furnishing child day-care services if any of the
30 following apply:
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1 (1) The individual is named in the Statewide central
2 register of child abuse as the perpetrator of an indicated or
3 founded report of child abuse committed within the
4 immediately preceding five-year period.
5 (2) A person is named in an indicated or founded report
6 for school employee, as described in 23 Pa.C.S. § 6303(c)
7 (relating to definitions), committed within the immediately
8 preceding five-year period.
9 (3) The individual has been convicted of an offense set
10 forth in 23 Pa.C.S. § 6344(c).
11 Section 307. Parental notification.
12 (a) General rule.--The department shall provide notice by
13 certified mail to a parent of a child in the care of a family
14 day-care home provider or a subsidized care provider if the
15 provider:
16 (1) Has been arrested for a crime that would be reported
17 on a criminal background check required under 23 Pa.C.S. §
18 6344 (relating to information relating to prospective child-
19 care personnel).
20 (2) Is the subject of a report of child abuse filed by a
21 parent of a child in care or a person required by law to
22 report suspected cases of child abuse.
23 (b) Time of notice.--Notice under subsection (a) shall be
24 sent within 24 hours of the department being notified of an
25 arrest or report of abuse.
26 (c) Exception to confidentiality requirements.--
27 Notwithstanding any other provision of law to the contrary,
28 provider information that relates to a report of child abuse or
29 arrest may be disclosed in accordance with subsection (a).
30 Section 308. Memorandum of understanding.
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1 The department shall enter into a memorandum of understanding
2 with the child protective services agency in each county in this
3 Commonwealth. The memorandum of understanding shall set forth
4 the respective responsibilities of the department and the agency
5 in cases in which the agency receives a report of child abuse at
6 a facility, including, but not limited to, ascertaining whether
7 a facility is properly licensed or registered under State law or
8 municipal ordinance.
9 Section 309. Criminal and child abuse history.
10 An individual required by this act or other law or regulation
11 to file a criminal or child abuse report under 23 Pa.C.S. §
12 6344(c) (relating to information relating to prospective child
13 care personnel) shall file the report or reports annually.
14 Section 310. Regulations.
15 The department shall promulgate regulations to administer
16 this act.
17 CHAPTER 51
18 MISCELLANEOUS PROVISIONS
19 Section 5101. Appropriation.
20 The sum of $2,000,000, or as much thereof as may be
21 necessary, is hereby appropriated to the Department of Public
22 Welfare for the fiscal year July 1, 2001, to June 30, 2002, to
23 carry out the provisions of this act.
24 Section 5102. Repeal.
25 The act of June 13, 1967 (P.L.31, No.21), known as the Public
26 Welfare Code, is repealed insofar as it is inconsistent with
27 this act.
28 Section 5103. Effective date.
29 This act shall take effect in 60 days.
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