PRINTER'S NO. 2306
No. 1679 Session of 1990
INTRODUCED BY DAWIDA, JONES, BELAN AND AFFLERBACH, JUNE 18, 1990
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 18, 1990
AN ACT
1 Establishing the Office for Children; providing for licensing
2 and certification of child day-care providers; establishing a
3 child care resource and referral program; creating a Board of
4 Review to monitor the functioning of the Office for Children;
5 imposing a penalty for noncompliance with licensing and
6 registration requirements; and making a repeal.
7 The General Assembly of the Commonwealth of Pennsylvania
8 hereby enacts as follows:
9 Section 1. Short title.
10 This act shall be known and may be cited as the Office for
11 Children Act.
12 Section 2. Purpose.
13 The purpose of this act is to establish the Office for
14 Children which shall be responsible for all aspects of licensing
15 and registration of child day-care programs. The Office for
16 Children shall assume the licensing responsibilities presently
17 vested in the Department of Public Welfare, Department of
18 Environmental Resources, Department of Health and Department of
19 Labor and Industry. The Office for Children shall administer all
20 funds for child day care and be responsible for all services
1 related to child day care. These services shall include: child
2 day-care subsidy (currently administered by the Department of
3 Public Welfare), the Child Care Feeding Program (currently
4 administered by the Department of Education); AFDC child day-
5 care subsidy (currently funded by the Department of Public
6 Welfare and administered through the County Boards of
7 Assistance). The Office for Children shall operate a
8 comprehensive resource and referral network for all persons
9 interested in child day care.
10 Section 3. Definitions.
11 The following words and phrases when used in this act shall
12 have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Approval." Certification of compliance with this act and
15 all regulations issued by the office.
16 "Child." A person under 16 years of age.
17 "Child day care." Care in lieu of parental care given for
18 part of a 24-hour day to children under 16 years of age. The
19 term does not include child day care in places of worship during
20 religious services.
21 "Children with disabilities." Children who do not function
22 according to age-appropriate expectations in the areas of
23 affective, cognitive, communicative, perceptual-motor, physical
24 or social development to such an extent that they require
25 special health, program adjustment, or related services on a
26 regular basis in order to function in an adaptive manner.
27 "Day-care center." A facility in which care is provided for
28 seven or more children at any one time and in which the child-
29 care areas are not being used as a family residence.
30 "Direct-care giving staff." Those persons who are, at a
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1 given time, providing direct-care and supervision to children,
2 implementing daily program activities and interacting with
3 children.
4 "Drop-in care." A day-care center, group day-care home or
5 family day-care home which provides care for fewer than four
6 consecutive hours on an intermittent basis for a child that is
7 not a relative of the caregiver.
8 "Facility." A day-care center, group day-care home or family
9 day-care home in which child day-care services are provided.
10 "Family day-care home." A location, other than the child's
11 own home, operated for profit or not-for-profit, in which child
12 care is provided at any one time to four, five or six children
13 who are not relatives of the caregiver and in which the child-
14 care areas are being used as a family residence.
15 "Group day-care home." A facility, other than the child's
16 own home, operated for profit or not-for-profit, in which care
17 is provided for more than six but fewer than 12 children at any
18 one time and in which the child-care areas are being used as a
19 family residence.
20 "Night-care program." A day-care center, group day-care home
21 or family day-care home providing care for any child between the
22 hours of 7 p.m. and 7 a.m.
23 "Office." The Office for Children, located in the Department
24 of Commerce.
25 "Provider." A public or private organization or individual
26 who, for profit or not-for-profit, delivers day-care services
27 for children either directly or through contract.
28 "Relative." A parent, child, stepparent, stepchild,
29 grandparent, grandchild, brother, sister, half-brother, half-
30 sister, aunt, uncle, niece or nephew.
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1 "Resource and referral network." A system to identify the
2 full range of child day-care services, and to distribute
3 information to parents and providers.
4 "Subsidized child day care." A child day-care service for
5 eligible children, paid for in part or in full with Federal or
6 State money or Federal and State money.
7 Section 4. General requirements for license or registration
8 certificate to operate a child day-care program.
9 (a) License or certificate required.--A provider who
10 operates a day-care center or group day-care home shall have a
11 current, valid license from the office. A provider who operates
12 a family day-care home shall have a current, valid registration
13 certificate from the office. No provider may operate a day-care
14 center or group day-care home without a license or a family day-
15 care home without a registration certificate.
16 (b) Application for license or registration certificate.--
17 (1) A provider shall submit an application to the
18 office. The application shall be on forms prepared and
19 furnished by the office.
20 (2) Application for renewal of a license or registration
21 certificate shall be made every year.
22 (3) Fees for application or renewal shall be:
23 (i) Day-care center - $50 per year.
24 (ii) Group day-care home - $20 per year.
25 (iii) Family day-care home - $10 per year.
26 (c) Determination of compliance.--Upon receipt of an
27 application the office shall determine whether the applicant has
28 complied with all applicable regulations. Compliance for day-
29 care centers and group day-care homes shall be determined
30 through an on-site compliance inspection. Compliance for family
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1 day-care homes may be determined through an on-site compliance
2 inspection or through provider self-certification.
3 Section 5. Rules and regulations.
4 (a) General rule.--The office shall have the power to adopt
5 rules and regulations establishing minimum licensing and
6 certification standards. The rules and regulations shall
7 include, but not be limited to, requirements for the following:
8 (1) Physical site.
9 (2) Equipment.
10 (3) Fire safety.
11 (4) Nutrition
12 (5) Staff child ratio.
13 (6) Staff qualifications.
14 (7) Group size.
15 (8) Health and sanitation.
16 (b) Enforcement.--The rules and regulations shall be
17 enforced through licensing and registration.
18 Section 6. Types of licenses and registration certificates.
19 (a) Regular license or registration certificate.--A regular
20 license or registration certificate shall be issued if the
21 provider is in full or substantial compliance with applicable
22 rules and regulations. Substantial compliance shall be
23 determined by the office. A regular license or registration
24 certificate shall be issued for a period of one year.
25 (b) Provisional license or registration certificate.--A
26 provisional license or registration certificate shall be issued
27 if the provider is in reasonable compliance with applicable
28 rules and regulations. Reasonable compliance shall be determined
29 by the office. A provisional license shall be issued for the
30 period of time the office has allowed for corrections to be
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1 made. In no event, however, shall a provisional license be
2 issued for more than six months. No more than two provisional
3 licenses or registration certificates may be issued to a
4 provider in any consecutive period.
5 Section 7. Denial, nonrenewal or revocation of license or
6 registration certificate.
7 (a) Grounds for denial, nonrenewal or revocation.--The
8 office shall deny, refuse to renew or revoke a license or
9 registration certificate for any of the following reasons:
10 (1) Noncompliance with rules and regulations.
11 (2) Fraud or deceit in the licensing or registration
12 process.
13 (3) Lending, borrowing or using the license or
14 registration certificate of another provider, or in any way
15 knowingly aiding the improper issuance of a license or
16 registration certificate.
17 (4) Gross incompetence, negligence or misconduct in
18 operating a facility.
19 (5) Mistreating or abusing children cared for in the
20 facility.
21 (b) Notice.--If the office denies, refuses to renew or
22 revokes a license or registration certificate, it shall give
23 written notice of its decision by certified mail.
24 (c) Appeal.--Denial, nonrenewal or revocation of a license
25 or registration certificate or assessment of a fine may be
26 appealed under the provisions of Title 2 of the Pennsylvania
27 Consolidated Statutes (relating to administrative law and
28 procedure).
29 Section 8. General requirements for subsidized child day care.
30 (a) Availability of affordable child care.--The office shall
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1 assure that safe, affordable child care is available to low and
2 moderate income families.
3 (b) Administration of funds.--The office shall administer
4 all funds for subsidized child day care, AFDC child day care,
5 and the Child Care Feeding Program. The office shall establish
6 fees for providers and a sliding fee scale for parents. All fees
7 shall be reviewed and published each year.
8 (c) Eligibility guidelines for families.--The office shall
9 establish eligibility guidelines for all families. Eligibility
10 guidelines shall be reviewed and published each year. A copy of
11 the guidelines shall be made available to all providers and
12 caretakers. A family's eligibility for subsidized child day care
13 shall include, but not be limited to, the following criteria:
14 (1) Income guidelines established by the office.
15 (2) Need of the caretaker, based on employment or
16 participation in an approved training program.
17 (3) Age of the child.
18 (d) Eligibility guidelines for providers.--The office shall
19 establish eligibility guidelines for all providers. These
20 guidelines shall include, but not be limited to, the following
21 criteria:
22 (1) A provider shall have a current, valid child day-
23 care license or registration certificate.
24 (2) A provider shall comply with all rules and
25 regulations and complete all forms required by the office.
26 (3) A provider shall not charge a fee other than the fee
27 required by the office.
28 Section 9. Child-care resource and referral program.
29 (a) Establishment.--The office shall be responsible for
30 establishing a resource and referral program to serve all
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1 families and providers in this Commonwealth. Each resource and
2 referral office shall serve a specific, local geographical area.
3 (b) Components of program.--The child-care resource and
4 referral program shall provide, but not be limited to, the
5 following:
6 (1) Identification of the full range of licensed or
7 registered child day-care program. The office shall include
8 all public and private providers and list all providers
9 receiving Federal, State or local subsidies.
10 (2) Establishment of a referral process which responds
11 to parents' and caretakers' need for information. Referrals
12 shall be made only to licensed or registered child day-care
13 programs.
14 (3) Maintenance on ongoing documentation of requests for
15 referral services.
16 (4) Provision for technical assistance to existing and
17 potential providers of child day-care programs.
18 Section 10. Phase in of Office for Children.
19 There is established the Office for Children within the
20 Department of Commerce. The office shall be phased in over a
21 three-year period and shall be monitored every six months by a
22 Board of Review. This Board of Review shall be made up of the
23 following:
24 (1) One member appointed by the Governor.
25 (2) Two members of the Senate; the members shall be from
26 different political parties.
27 (3) Two members of the House of Representatives; the
28 members shall be from different political parties.
29 (4) Secretary of the Department of Commerce.
30 (5) Secretary of the Department of Public Welfare.
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1 (6) Secretary of the Department of Health.
2 (7) Secretary of the Department of Labor and Industry.
3 (8) Secretary of the Department of Environmental
4 Resources.
5 (9) Secretary of the Department of Community Affairs.
6 (10) Secretary of the Department of Education.
7 (b) Pilot program.--The three-year phase in shall be
8 operated as a pilot program - one component of the pilot program
9 shall be established in the western part of the Commonwealth and
10 another component of the pilot program shall be established in
11 the eastern part of the Commonwealth. All aspects of the pilot
12 program shall be studied by the Board of Review. A pilot program
13 is an efficient, cost-effective means of administering a complex
14 system and working out the problems on a small scale.
15 (c) Purpose of pilot program.--The purpose of the pilot
16 program is three fold:
17 (1) To bring together the various departments now
18 concerned with the delivery of child day care.
19 (2) To address changes and consolidate the child day-
20 care licensing regulations.
21 (3) To review ways of expending the economic base for
22 subsidizing child day-care programs.
23 (d) Rules and regulations.--The office shall promulgate
24 rules and regulations by the end of the three year pilot
25 program. During this period, there shall be no disruption in
26 service in the child day-care program. Licensing rules and
27 regulations shall be revised to include current, applicable
28 rules and regulations of the Department of Public Welfare, the
29 Department of Labor and Industry, the Department of
30 Environmental Resources, the Department of Education and the
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1 Department of Health. The result of the revision shall be one
2 comprehensive set of rules and regulations which shall be
3 administered by the office. Any recommended changes in the rules
4 and regulations shall be implemented by the pilot program for at
5 least six months. Recommended changes shall be reviewed by a
6 committee of recognized experts in the field, State officials,
7 providers and consumers of child day-care services. The
8 committee shall report findings and recommendations to the Board
9 of Review.
10 Section 11. Funding for the pilot program.
11 Revenue from the annual licensing and registration fees shall
12 be used to fund the pilot program. There shall be no additional
13 cost to the Commonwealth.
14 Section 12. Penalty.
15 A provider who operates a facility without the license or
16 registration certificate required by this act shall be assessed
17 a fine of not less than $20 nor more than $300 for each day that
18 the provider is in violation of this act.
19 Section 13. Repeals.
20 Articles IX and X of the act of June 13, 1967 (P.L.31,
21 No.21), known as the Public Welfare Code, are repealed insofar
22 as they relate to licensing of child day-care programs.
23 Section 14. Effective date.
24 This act shall take effect immediately.
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