PRIOR PRINTER'S NO. 97 PRINTER'S NO. 267
No. 89 Session of 1997
INTRODUCED BY GODSHALL, BLAUM, DeLUCA, COY, MAITLAND, BOSCOLA,
HALUSKA, M. N. WRIGHT, MUNDY, BUNT, RAMOS, EGOLF, BROWN,
BARD, HERMAN, MANDERINO, GRUPPO, OLASZ AND L. I. COHEN,
JANUARY 28, 1997
AS REPORTED FROM COMMITTEE ON AGING AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, FEBRUARY 4, 1997
AN ACT
1 Providing for supervision of child-care facilities; and <--
2 conferring powers and duties on the Department of Public
3 Welfare; AND MAKING A REPEAL. <--
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 CHAPTER 1
7 GENERAL PROVISIONS
8 Section 101. Short title.
9 This act shall be known and may be cited as the Child-care
10 Facilities Supervision Act.
11 Section 102. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Child day care." Care in lieu of parental care given for
16 part of a 24-hour day to a child under 16 years of age, away
17 from the child's home. The term does not include care in lieu of
1 parental care given to a child under 16 years of age in a place
2 of worship during religious services.
3 "Child day-care center." Any premises in which child day
4 care is provided simultaneously for seven or more children who
5 are not relatives of the operator.
6 "Department." The Department of Public Welfare of the
7 Commonwealth.
8 "Facility." Any of the following:
9 (1) Child day-care center.
10 (2) Family day-care home.
11 "Family day-care home." A home in which child day care is
12 provided at any one time to four, five or six children who are
13 not relatives of the operator.
14 CHAPTER 3
15 ADMINISTRATION
16 Section 301. Inspections.
17 (a) Authority.--The department has the power to enter and
18 inspect a facility that is regulated by the department. Prior
19 notice is not required.
20 (b) Access.--The department shall have free and full access
21 to the facility and the facility grounds, the children in the
22 facility, the records of the facility and facility staff. The
23 department shall be given the opportunity to privately interview
24 children and staff.
25 (c) Inspections.--The department shall annually conduct the <--
26 following:
27 (1) For a child day-care center, THE DEPARTMENT SHALL <--
28 ANNUALLY CONDUCT at least one onsite, unannounced inspection
29 of each facility. The inspection under this paragraph shall
30 constitute the inspection required by the act of June 13,
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1 1967 (P.L.31, No.21), known as the Public Welfare Code, and
2 related regulations.
3 (2) For a family day-care home, inspections shall be
4 conducted as provided or as deemed appropriate by the <--
5 department. CONDUCTED AT SUCH TIMES AS THE DEPARTMENT DEEMS <--
6 APPROPRIATE.
7 (d) Additional inspections.--The department shall conduct
8 additional inspections of facilities if any of the following
9 conditions exist:
10 (1) A history of substantial violations of department
11 regulations.
12 (2) A reasonable suspicion of violations of any statute
13 or regulation.
14 (3) Indications of potential risk to the health, safety
15 or well-being of a child.
16 (4) Any other circumstances provided by regulation.
17 Section 302. Inspection reports.
18 (a) General rule.--The department shall issue a written
19 inspection report to the legal entity for the facility following
20 each on-site inspection of the facility. An inspection report
21 shall be issued whether or not there are violations of the
22 rules.
23 (b) Display.--
24 (1) Each facility shall place the following at a <--
25 location in the facility that is readily visible and easily
26 accessed by families of the children in care and the general
27 public:
28 (1) (I) The license OR CERTIFICATE and any waivers <--
29 of rules granted in accordance with department rules.
30 (2) (II) The most recent on-site inspection report <--
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1 issued by the department.
2 (3) (III) The violation notice, if one has been <--
3 issued by the department, until the licensee notifies the
4 department that violations have been corrected.
5 (4) Any negative enforcement action order, if one has <--
6 (IV) ANY ORDER, IF ONE HAS been issued by the <--
7 department, until the enforcement action ORDER is <--
8 rescinded by the department or upon a date otherwise
9 fixed by the department.
10 (5) The documents listed in paragraphs (1), (2) and (3) <--
11 (2) THE DOCUMENTS LISTED IN PARAGRAPH (1) shall include <--
12 the name, address and telephone number of a contact within
13 the department for additional information about the license
14 OR CERTIFICATE for the facility. <--
15 Section 303. Dangerous facilities.
16 (a) Department responsibility.--
17 (1) If the department finds that conditions exist which <--
18 pose an immediate or AND serious threat to health, safety or <--
19 well-being of children being cared for in a facility, the
20 department shall immediately issue a temporary order to the
21 facility pending the outcome of a hearing under subsection
22 (d) and, if necessary, ensure the removal of the children
23 from the facility.
24 (1) (2) The temporary order shall specify that the <--
25 facility shall be closed or that specific conditions must be
26 remedied as a condition of continued operation.
27 (2) (3) The temporary order shall specify all conditions <--
28 that shall be immediately remedied by the facility.
29 (3) (4) The temporary order shall specify the date and <--
30 time of any required action or closure of the facility.
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1 (4) (5) The temporary order shall specify the appeal <--
2 rights of the facility.
3 (b) Corrective action.--Immediately following the issuance
4 of a temporary order under subsection (a) and until the hearing
5 under subsection (d), the department shall monitor the
6 facility's compliance with the temporary order.
7 (c) Law enforcement assistance.--The department may request
8 and shall receive assistance from law enforcement officials
9 whenever necessary to implement an order issued under this
10 section.
11 (d) Hearings.--Within seven business days of the issuance of
12 a temporary order under subsection (a), the department shall
13 schedule an administrative hearing. If the hearing examiner
14 rules that there was a violation of a statute or regulation
15 which posed an immediate and serious threat to health, safety or
16 well-being of the children being cared for in the facility, the
17 hearing examiner shall order continued compliance with the
18 temporary order, issue a new order or order the facility closed
19 until the conclusion of a certificate revocation procedure. FOR <--
20 A SPECIFIED PERIOD OF TIME. The decision of the hearing examiner
21 shall be rendered within two hours of the conclusion of the
22 hearing.
23 (e) Certificate revocation.--Within three business days of <--
24 an order of closure under subsection (d), the department may
25 (E) REVOCATION.--IF THE DEPARTMENT DETERMINES THAT THE <--
26 CIRCUMSTANCES RESULTING IN CLOSURE WERE SUBSTANTIALLY THE FAULT
27 OF THE LICENSEE OR CERTIFICATE HOLDER, THE DEPARTMENT SHALL
28 initiate certificate revocation proceedings under the act of <--
29 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
30 against the licensee or holder of a certificate of the facility.
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1 (f) Supersedeas.--The appeal of an emergency order issued
2 under this section shall be deemed an application for a
3 supersedeas which shall be granted only if all of the following
4 apply:
5 (1) There is substantial likelihood of success on
6 appeal.
7 (2) Continued operation of the facility pending appeal
8 will not jeopardize the life, health or safety of children
9 being cared for in a facility.
10 (g) Other entities.--Nothing in this section shall preclude
11 the department from closing or taking other emergency action
12 with regard to an entity supervised or licensed by the
13 department.
14 Section 304. Family day-care homes.
15 (a) Criminal AND CHILD ABUSE history.--In addition to the <--
16 requirements of 23 Pa.C.S. § 6344 (relating to information
17 relating to prospective child-care personnel), an individual who
18 applies to the department for a registration certificate to
19 operate a family day-care home shall include a report of <--
20 criminal history record information from the Pennsylvania State
21 Police and a certification from the department regarding founded
22 reports as defined in 23 Pa.C.S. § 6303 (relating to
23 definitions) for every CRIMINAL AND CHILD ABUSE REPORTS REQUIRED <--
24 BY 23 PA.C.S. § 6344(B) FOR EVERY individual 18 years of age or
25 older who resides in the home for at least 30 days in a calendar
26 year.
27 (b) Effect.--The department shall refuse to issue or renew a
28 registration certificate or shall revoke a registration
29 certificate if the family day-care home provider, an employee of
30 the provider or individual 18 years of age or older who has
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1 resided in the home for 30 days in a calendar year:
2 (1) is named in the central register on child abuse
3 established under 23 Pa.C.S. Ch. 63 (relating to child
4 protective services) as the perpetrator of a founded report
5 of child abuse OR A FOUNDED REPORT FOR SCHOOL EMPLOYEE <--
6 committed within the five-year period immediately preceding
7 the verification pursuant to this section; or
8 (2) has been convicted of an offense enumerated in 23
9 Pa.C.S. § 6344(c).
10 Section 305. Regulations.
11 The department may SHALL promulgate regulations to administer <--
12 this act.
13 CHAPTER 51
14 MISCELLANEOUS PROVISIONS
15 SECTION 5101. REPEAL. <--
16 THE ACT OF JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC
17 WELFARE CODE, IS REPEALED INSOFAR AS IT IS INCONSISTENT WITH
18 THIS ACT.
19 Section 5101 5102. Effective date. <--
20 This act shall take effect in 60 days.
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