PRIOR PRINTER'S NO. 2580                      PRINTER'S NO. 2626

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 2076 Session of 1995


        INTRODUCED BY GRUPPO, BAKER, KING, E. Z. TAYLOR, BARD, GEIST,
           DENT, MARSICO, KREBS, EGOLF, PLATTS, STERN, J. TAYLOR AND
           MAJOR, OCTOBER 5, 1995

        AS REPORTED FROM COMMITTEE ON AGING AND YOUTH, HOUSE OF
           REPRESENTATIVES, AS AMENDED, OCTOBER 17, 1995

                                     AN ACT

     1  Providing for the creation of a Statewide Child Day-Care
     2     Resource and Referral System in this Commonwealth; and
     3     imposing additional responsibilities upon the State Data
     4     Center and the Department of Public Welfare.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Child Day-
     9  Care Resource and Referral Act.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds and declares as follows:
    12         (1)  The demand for high quality, affordable, accessible
    13     child day care has increased dramatically in the last decade
    14     in correlation with a dramatic increase in the labor force
    15     participation rate of parents with young children.
    16         (2)  Approximately 275,000 children are currently in care
    17     through a variety of child day-care programs in this
    18     Commonwealth.

     1         (3)  A comprehensive, coordinated effort is needed to
     2     ensure that accurate, up-to-date child day-care information
     3     is readily available and easy to access.
     4         (4)  A Statewide child day-care resource and referral
     5     system can be extremely beneficial not only to working
     6     parents of all economic means by enabling them to make
     7     informed choices in selecting and purchasing the child day
     8     care that best meets their family's unique needs, it can also
     9     be of great value to existing and prospective child day-care
    10     providers in their efforts to build and maintain a safe, high
    11     quality child day-care service, to the business community by
    12     providing a comprehensive resource for them to use in
    13     responding to child day-care needs of their employees and to
    14     the community-at-large by contributing directly to the
    15     health, safety and well-being of this Commonwealth's children
    16     and their families.
    17  Section 3.  Definitions.
    18     The following words and phrases when used in this act shall
    19  have the meanings given to them in this section unless the
    20  context clearly indicates otherwise:
    21     "Child day-care resource and referral services."  A variety
    22  of child day-care services provided in accordance with this act,
    23  designed to ensure access to high quality, available, affordable
    24  child day care for all Pennsylvanians.
    25     "Department."  The Department of Public Welfare of the
    26  Commonwealth.
    27     "Local management agency."  A county entity established by
    28  the Department of Public Welfare pursuant to the Commonwealth's
    29  1991 Child-Care Development Block Grant Plan to manage
    30  subsidized child care and all nonentitlement child-care funds
    19950H2076B2626                  - 2 -

     1  and to coordinate those programs with the local county
     2  assistance programs.
     3     "State Data Center."  The Pennsylvania State Data Center
     4  (PSDC) Program, established through executive order of the
     5  Governor to improve access to and use of statistical resources
     6  available from the United States Bureau of the Census and other
     7  resources. Information and services are available through the
     8  PSDC office at Penn State Harrisburg, the Pennsylvania State
     9  Library and the network of Affiliate Data Centers located across
    10  this Commonwealth.
    11  Section 4.  Provision of child day-care resource and referral
    12                 services.
    13     All county local management agencies shall offer child day-
    14  care resource and referral services in accordance with the
    15  implementation schedule as required to be established by the
    16  department under section 11 10.                                   <--
    17  Section 5.  Establishment of central child day-care data base.
    18     The department shall work in cooperation with the State Data
    19  Center to establish and maintain a central child day-care data
    20  base TO BE PHYSICALLY LOCATED AT THE STATE DATA CENTER. The       <--
    21  State Data Center shall COMPILE ALL INFORMATION SUBMITTED TO      <--
    22  THEM BY LOCAL MANAGEMENT AGENCIES AND SHALL utilize their
    23  capabilities to conduct applied demographic analyses and to
    24  create statistical maps and graphics and census geographic
    25  reference maps, as well as any other resources they may have
    26  available in order to create a comprehensive, accurate and up-
    27  to-date reference base on child day care in this Commonwealth.
    28  THE DEPARTMENT SHALL DETERMINE THE NATURE AND SCOPE OF ALL        <--
    29  CENTRALIZED CHILD DAY-CARE DATA TO BE MAINTAINED AT THE STATE
    30  DATA CENTER PURSUANT TO THIS ACT. Local management agencies
    19950H2076B2626                  - 3 -

     1  shall be provided on a regular basis AT LEAST ANNUALLY AND AT NO  <--
     2  CHARGE with information developed regarding child day care in
     3  their specific geographic areas. EACH LOCAL MANAGEMENT AGENCY     <--
     4  SHALL MAINTAIN A COMPREHENSIVE DATA BASE ON CHILD DAY-CARE
     5  SUPPLY AND DEMAND IN THE GEOGRAPHIC AREA.
     6  Section 6.  Resource and referral services offered.
     7     Local management agencies shall make available, either
     8  directly or through contracts with existing resource and
     9  referral agencies, at a minimum, the following services:
    10         (1)  Identification of all State-approved child day-care
    11     providers in their specific geographic area and A profile of   <--
    12     each provider to indicate the types of services they provide
    13     and the costs of such services.
    14         (2)  Maintenance of a regularly updated resource file
    15     that demonstrates supply and demand of services.
    16         (3)  Maintenance of a resource and referral service for
    17     child day-care users and assistance, if requested, in
    18     evaluating child day-care needs and appropriateness of types
    19     of child day care.
    20         (4)  Establishment of a public education program to
    21     inform consumers and provide referral counseling about child
    22     day-care options through such means as printed materials,
    23     TELEPHONE CONTACTS, education sessions or workshops and        <--
    24     resource libraries.
    25         (5)  Provision OF information and technical assistance to  <--
    26     providers and prospective providers, as requested. Types of
    27     information to be made available shall include, but not be
    28     limited to, information regarding career opportunities in the
    29     field, continuing education, training opportunities,
    30     accreditation programs, regulatory requirements, food
    19950H2076B2626                  - 4 -

     1     programs and demographic information to determine the
     2     existence of markets for services.
     3         (6)  Provision of technical assistance, information and    <--
     4     workshops for SERVE AS A RESOURCE TO employers who are trying  <--
     5     to meet the child day-care needs of their employees.
     6         (7)  Collection and maintenance of data, as may be useful
     7     in State and local planning efforts, on the number and usage
     8     of different child day-care providers, the type, availability
     9     and cost of child day care in their particular geographic
    10     area and demographic information to determine whether or not
    11     a market exists for child day-care services in a given area.
    12  Section 7.  Standard operation OPERATING procedures.              <--
    13     Local management agencies, as providers of child day-care
    14  resource and referral services shall:
    15         (1)  Conduct business during hours convenient to working
    16     parents, including some evening and weekend hours, if deemed
    17     necessary.
    18         (2)  Have the authority to establish reasonable fees A     <--
    19     REASONABLE RANGE OF FEES for services, with the approval of
    20     the department.
    21         (3)  Advertise their services. and any fees for such       <--
    22     services. ALL RECIPIENTS OF SERVICES SHALL BE INFORMED OF      <--
    23     APPLICABLE FEES PRIOR TO THE PROVISION OF SUCH SERVICES, AS
    24     DESIGNATED IN THIS ACT.
    25         (4)  Tailor their services PROVIDED FOR IN THIS ACT to     <--
    26     the geographically defined area in which they are located.
    27         (5)  Seek opportunities to provide educational and
    28     consumer awareness programs.
    29         (6)  Utilize, to the maximum extent, the most cost-
    30     effective means of providing child-care CHILD DAY-CARE         <--
    19950H2076B2626                  - 5 -

     1     resource and referral services in accordance with this act,
     2     including, but not limited to, public-private partnerships,
     3     where deemed appropriate, and contractual arrangements with
     4     existing providers of resource and referral services.
     5         (7)  Maintain confidentiality of records. Information
     6     contained in the records shall not be publicly disclosed in
     7     such a manner so as to identify individuals. Certain
     8     nonidentifying information may, however, be collected in
     9     aggregate form for the purposes of data collection.
    10         (8)  Report to the department on a regular basis
    11     information regarding:
    12             (i)  The number of parents and children served.
    13             (ii)  The extent of assistance given to providers,
    14         parents, businesses and others.
    15             (iii)  Fees charged for resource and referral
    16         services given PROVIDED FOR IN THIS ACT.                   <--
    17             (iv)  The impact of the resource and referral
    18         services on quality and availability of child day care in
    19         their particular geographically defined area.
    20             (v)  Any recommendations that may contribute to the
    21         improvement of the provision of child day-care resource
    22         and referral services.
    23  Section 9 8.  Annual report.                                      <--
    24     The department shall submit an annual report to the General
    25  Assembly which shall include the information required to be
    26  submitted to them by the local management agencies, as outlined
    27  under section 7. This report shall also include any
    28  recommendations of the department for improvements to the
    29  Statewide resource and referral system, as well as the
    30  availability of private, corporate and government funding for
    19950H2076B2626                  - 6 -

     1  resource and referral services.
     2  Section 10 9.  Regulations.                                       <--
     3     The department shall, in the manner provided by law,
     4  promulgate the rules and regulations necessary to establish
     5  child day-care resource and referral services to be offered in
     6  accordance with this act.
     7  Section 11 10.  Resource and referral services implementation.    <--
     8     (a)  Implementation schedule.--The department shall establish
     9  a three-year implementation schedule for the provision of child
    10  day-care resource and referral services through local management
    11  agencies. Such implementation schedule shall provide for the
    12  establishment of a resource and referral services program in at
    13  least 12 local management agencies throughout this Commonwealth
    14  no later than January 1, 1997. The department shall, in
    15  determining which local management agencies are included in the
    16  first phase of implementation, consider such factors as
    17  geographic distribution of State-approved child day-care
    18  programs and availability of existing resource and referral
    19  services to the local management agencies.
    20     (b)  Local agencies.--All local management agencies in the
    21  Commonwealth shall have available resource and referral
    22  services, in accordance with this act, not later than January 1,
    23  1999.
    24  Section 12 11.  Effective date.                                   <--
    25     This act shall take effect as follows:
    26         (1)  Section 8 5 shall take effect in six months.          <--
    27         (2)  The remainder of this act shall take effect
    28     immediately.


    I29L67DGS/19950H2076B2626        - 7 -