PRINTER'S NO. 1987
No. 1460 Session of 2000
INTRODUCED BY MOWERY, TARTAGLIONE, CONTI, COSTA, TOMLINSON,
SCHWARTZ, WAUGH, HART, GERLACH, RHOADES, LEMMOND, MELLOW AND
BOSCOLA, JUNE 1, 2000
REFERRED TO AGING AND YOUTH, JUNE 1, 2000
AN ACT
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, defining the offense of making false
3 or fraudulent statements involving child day-care centers or
4 family child day-care homes; and making repeals.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Title 18 of the Pennsylvania Consolidated
8 Statutes is amended by adding a section to read:
9 § 4914. False or fraudulent statements involving child day-care
10 centers or family child day-care homes.
11 (a) Offense defined.--A facility person, owner or operator
12 of a facility commits a felony of the third degree if he
13 knowingly does any of the following:
14 (1) Fails, by false statement, misrepresentation,
15 impersonation or other fraudulent means, to disclose in any
16 application for voluntary or paid employment or licensure or
17 registration all information required under Article X of the
18 act of June 13, 1967 (P.L.31, No.21), known as the Public
1 Welfare Code, and related regulations and 23 Pa.C.S. § 6344
2 (relating to information relating to prospective child-care
3 personnel) and related regulations or a material fact used in
4 making a determination as to such person's qualifications to
5 be a facility person, owner or operator of a facility.
6 (2) Operates, maintains, conducts or attempts to operate
7 a child day-care center without having a license issued by
8 the department.
9 (3) Operates, maintains, conducts or attempts to operate
10 a family child day-care home without registering with the
11 department.
12 (4) Operates, maintains, conducts or attempts to operate
13 the facility under a license or registration that is
14 suspended, revoked or terminated.
15 (5) Misrepresents, by act or omission, to a parent or
16 guardian who has a child placed in the facility or is
17 inquiring as to placing a child in the facility, or to a
18 representative of the department, or to a representative of a
19 law enforcement agency, that the facility is duly licensed or
20 registered pursuant to the laws of this Commonwealth without
21 being so licensed or registered.
22 (6) Makes any other misrepresentation, by act or
23 omission, regarding the licensure or operation of the
24 facility to a parent or guardian who has a child placed in
25 the facility or is inquiring as to placing a child in the
26 facility, or to a representative of the department, or to a
27 representative of a law enforcement agency, including, but
28 not limited to, any misrepresentation as to:
29 (i) The number of children at the facility.
30 (ii) The part of the facility designated for child
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1 care.
2 (iii) The qualifications or credentials or training
3 of a facility person, owner or operator.
4 (b) Parent or guardian reliance on misrepresentation.--If a
5 facility person, owner or operator of a facility makes any
6 misrepresentation in violation of this section to a parent or
7 guardian who has placed a child in the facility, and the parent
8 or guardian relied upon the misrepresentation, and the child
9 suffers great bodily harm, permanent disfigurement, permanent
10 disability or death as a result of an intentional act or
11 negligence by the facility person, owner or operator, then the
12 facility person, owner or operator commits a felony of the
13 second degree.
14 (c) Definitions.--As used in this section, the following
15 words and phrases shall have the meanings given to them in this
16 subsection:
17 "Child day care." Care in lieu of parental care given for
18 part of the 24-hour day to children away from their own home.
19 "Child day-care center." The premises in which child day
20 care is provided at any one time for seven or more children
21 unrelated to the operator.
22 "Department." The Department of Public Welfare of the
23 Commonwealth.
24 "Facility." A child day-care center or family day-care home.
25 "Facility person." A group supervisor, assistant group
26 supervisor, aide, volunteer, food service person, janitorial
27 person or another adult who serves in or is employed by a child
28 day-care center or a family day-care home.
29 "Family child day-care home" or "family day-care home." A
30 home other than the child's own home, operated for profit or
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1 not-for-profit, in which child day care is provided at any time
2 to four through six children unrelated to the operator.
3 "Owner." The legal entity or individual who owns the child
4 day-care center or family day-care home.
5 "Operator." The legal entity or a person designated by the
6 legal entity to serve as the child day-care center director or
7 family day-care home administrator.
8 "Person." An individual, partnership, association or
9 corporation.
10 Section 2. Sections 1031 and 1078 of the act of June 13,
11 1967 (P.L.31, No.21), known as the Public Welfare Code, are
12 repealed.
13 Section 3. This act shall take effect in 60 days.
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