PRINTER'S NO. 1518
No. 1229 Session of 1989
INTRODUCED BY BRIGHTBILL, SALVATORE, ROCKS, REIBMAN, PETERSON, BELAN, STEWART, LEWIS, PECORA, SHAFFER AND LYNCH, SEPTEMBER 26, 1989
REFERRED TO PUBLIC HEALTH AND WELFARE, SEPTEMBER 26, 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 * * * 19890S1229B1518 - 2 -
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. 17 "Small-site day care center" means any home in which child 18 day care is provided at any one time to four through six 19 children who are not relatives of the caregiver. 20 * * * 21 Section 2. The act is amended by adding sections to read: 22 Section 1010. Small-Site Day Care Centers.--(a) Small-site 23 day care centers shall be subject to separate licensing. 24 (b) An agency-affiliated small-site day care facility that 25 provides child day care only to children who are referred by the 26 affiliated small-site day care agency shall be deemed licensed 27 under subsection (a). 28 Section 1011. Administration of Public Funds for Small-Site 29 Day Care Centers.--(a) If the department expends State or 30 Federal funds for small-site day care services, the services 19890S1229B1518 - 3 -
1 must be provided through agency-affiliated small-site day care 2 centers. 3 (b) Small-site day care agencies receiving public funds 4 directly or indirectly from the department for small-site day 5 care services shall be responsible for performing the following 6 functions, as specified by contract between the small-site day 7 care agency and affiliated small-site day care centers: 8 (1) The recruitment, screening, selection and 9 termination of contractual relationships with small-site day 10 care centers and caregivers. 11 (2) The provision of training and technical assistance 12 to affiliated small-site day care center caregivers. 13 (3) The intake and referral of children to affiliated 14 small-site day care centers. 15 (4) The monthly and sometimes unannounced monitoring and 16 inspection of affiliated small-site day care centers. 17 (5) The furnishing of appropriate child care equipment 18 to affiliated small-site day care centers. 19 (6) The purchase of adequate liability insurance on 20 behalf of small-site day care centers if insurance is 21 actually available at reasonable rates. 22 (7) The application for public funds for nutrition and 23 food programs on behalf of affiliated small-site day care 24 facilities. 25 (8) The assurance of the provision of nutritious meals 26 and snacks by affiliated small-site day care centers. 27 (9) The evaluation of participating children's 28 development, of affiliated small-site day care center 29 caregiver's daily program and of the caregiver's performance. 30 (10) The provision of consultation and assistance to 19890S1229B1518 - 4 -
1 parents and their participating children. 2 (11) The referral of children and parents to health and 3 social services when appropriate. 4 (c) In recognition of the services provided by small-site 5 day care agencies to their affiliated small-site day care 6 centers under subsection (b), small-site day care agencies shall 7 receive or retain not less than twenty-five percent nor more 8 than thirty-three percent of the public funds made available for 9 each child receiving services through the agencies. 10 Section 3. The Department of Public Welfare shall promulgate 11 regulations to implement this act. 12 Section 4. The sum of $500,000, or as much thereof as may be 13 necessary, is hereby appropriated to the Department of Public 14 Welfare for the fiscal year July 1, 1989, to June 30, 1990, to 15 carry out the purposes of this act. 16 Section 5. This act shall take effect as follows: 17 (1) Section 1 (section 1001) and section 2 (sections 18 1010 and 1011) shall take effect in 180 days. 19 (2) The remainder of this act shall take effect July 1, 20 1989, or immediately, whichever is later. F1L67VDL/19890S1229B1518 - 5 -