PRIOR PRINTER'S NO. 1518 PRINTER'S NO. 1823
No. 1229 Session of 1989
INTRODUCED BY BRIGHTBILL, SALVATORE, ROCKS, REIBMAN, PETERSON,
BELAN, STEWART, LEWIS, PECORA, SHAFFER AND LYNCH,
SEPTEMBER 26, 1989
SENATOR PETERSON, PUBLIC HEALTH AND WELFARE, AS AMENDED,
DECEMBER 12, 1989
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 the
4 regulation of small-site day-care centers; conferring powers
5 and duties upon the Department of Public Welfare; and making
6 an appropriation.
7 The General Assembly finds and declares as follows:
8 (1) The significant increase in the existence of two-
9 parent wage-earning families during the past several years
10 has resulted in child day-care services becoming a necessity
11 for the healthy operation of today's economy.
12 (2) The availability of affordable day-care services for
13 low-income wage earners is essential to efforts to increase
14 economic independence and reduce the welfare rolls.
15 (3) Several thousand children in this Commonwealth today
16 receive day-care services in small-site day-care homes
17 serving between four and six children, not including those
18 related to the small-site day-care home caregiver.
19 (4) The vast majority of proven child abuse which has
1 occurred during the past several years in day-care facilities
2 in this Commonwealth has occurred in unlicensed, registered
3 and unregistered small-site day-care homes, and not in
4 licensed day-care centers and group homes.
5 (5) The existing system of registration for small-site
6 day-care homes is ineffective and, therefore, misleading to
7 the general public.
8 (6) Licensing of small-site day-care homes is necessary
9 to protect the health and safety of thousands of children who
10 are receiving services in small-site day-care homes.
11 (7) Returning small-site day-care homes to the
12 Commonwealth's licensing requirements will result in one,
13 single licensing system which will apply equally to all day-
14 care facilities in this Commonwealth, and will end the
15 present confusing, dual system of licensing some day-care
16 services and registering day-care services provided in
17 certain settings.
18 (8) Day-care services provided to children in small-site
19 day-care homes should be required to meet standards of health
20 and safety similar to those presently promulgated for
21 licensed day-care facilities.
22 The General Assembly of the Commonwealth of Pennsylvania
23 hereby enacts as follows:
24 Section 1. The definition of "facility" in section 1001 of
25 the act of June 13, 1967 (P.L.31, No.21), known as the Public
26 Welfare Code, amended December 21, 1988 (P.L.1883, No.185), is
27 amended and the section is amended by adding definitions to
28 read:
29 Section 1001. Definitions.--As used in this article--
30 * * *
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1 "Agency-affiliated small-site day care center" means a small-
2 site day care center which operates through a contractual
3 arrangement with a small-site day care agency.
4 * * *
5 "Facility" means an adult day care center, child day care
6 center, family day care home, boarding home for children, small-
7 site day care center, mental health establishment, personal care
8 home, nursing home, hospital or maternity home, as defined
9 herein, and shall not include those operated by the State or
10 Federal governments or those supervised by the department.
11 * * *
12 "Small-site day care agency" means a social service agency
13 which administers small-site day care programs through
14 contractual arrangements with small-site day care center
15 caregivers by performing certain common administrative functions
16 in support of agency-affiliated small-site day care centers. A <--
17 THIRD CLASS COUNTY WHICH OPERATES UNDER A HOME RULE CHARTER AND
18 WHICH HAS A LOCAL MANAGEMENT AGENCY DEMONSTRATION PROJECT IN
19 PLACE ON OR BEFORE NOVEMBER 30, 1989, MAY CONTINUE THE PROJECT,
20 WHICH AGENCY AND PROJECT SHALL BE DEEMED TO MEET THE PURPOSE AND
21 REQUIREMENTS OF THIS ACT.
22 "Small-site day care center" means any home in which child
23 day care is provided at any one time to four through six
24 children who are not relatives of the caregiver. ANY HOME IN <--
25 WHICH CHILD DAY CARE IS PROVIDED AT ANY ONE TIME TO THREE OR
26 LESS CHILDREN WHO ARE NOT RELATIVES OF THE CAREGIVER IS NOT
27 SUBJECT TO THE REQUIREMENTS OF SECTION 1010.
28 * * *
29 Section 2. The act is amended by adding sections to read:
30 Section 1010. Small-Site Day Care Centers.--(a) Small-site
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1 day care centers shall be subject to separate licensing.
2 (b) An agency-affiliated small-site day care facility that
3 provides child day care only to children who are referred by the
4 affiliated small-site day care agency shall be deemed licensed
5 under subsection (a).
6 Section 1011. Administration of Public Funds for Small-Site
7 Day Care Centers.--(a) If the department expends State or
8 Federal funds for small-site day care services, the services
9 must be provided through agency-affiliated small-site day care
10 centers.
11 (b) Small-site day care agencies receiving public funds
12 directly or indirectly from the department for small-site day
13 care services shall be responsible for performing the following
14 functions, as specified by contract between the small-site day
15 care agency and affiliated small-site day care centers:
16 (1) The recruitment, screening, selection and
17 termination of contractual relationships with small-site day
18 care centers and caregivers.
19 (2) The provision of training and technical assistance
20 to affiliated small-site day care center caregivers.
21 (3) The intake and referral of children to affiliated
22 small-site day care centers.
23 (4) The monthly and sometimes unannounced monitoring and
24 inspection of affiliated small-site day care centers.
25 (5) The furnishing of appropriate child care equipment
26 to affiliated small-site day care centers.
27 (6) The purchase of adequate liability insurance on
28 behalf of small-site day care centers if insurance is
29 actually available at reasonable rates.
30 (7) The application for public funds for nutrition and
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1 food programs on behalf of affiliated small-site day care
2 facilities.
3 (8) The assurance of the provision of nutritious meals
4 and snacks by affiliated small-site day care centers.
5 (9) The evaluation of participating children's
6 development, of affiliated small-site day care center
7 caregiver's daily program and of the caregiver's performance.
8 (10) The provision of consultation and assistance to
9 parents and their participating children.
10 (11) The referral of children and parents to health and
11 social services when appropriate.
12 (c) In recognition of the services provided by small-site
13 day care agencies to their affiliated small-site day care
14 centers under subsection (b), small-site day care agencies shall
15 receive or retain not less than twenty-five percent nor more
16 than thirty-three percent of the public funds made available for
17 each child receiving services through the agencies.
18 Section 3. The Department of Public Welfare shall promulgate
19 regulations to implement this act.
20 Section 4. The sum of $500,000, 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, 1989, to June 30, 1990, to
23 carry out the purposes of this act.
24 Section 5. This act shall take effect as follows:
25 (1) Section 1 (section 1001) and section 2 (sections
26 1010 and 1011) shall take effect in 180 days.
27 (2) The remainder of this act shall take effect July 1,
28 1989, or immediately, whichever is later.
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