PRINTER'S NO. 466
No. 414 Session of 1997
INTRODUCED BY BLAUM, MUNDY, SANTONI, COY, GEORGE, PISTELLA,
GIGLIOTTI, BUNT, BUXTON, OLASZ, JAROLIN, VAN HORNE, STURLA,
TIGUE, ROBINSON, STABACK, ITKIN, DeLUCA, STEELMAN,
YOUNGBLOOD, MELIO, VEON, EVANS, MANDERINO, WALKO, SURRA,
BELARDI, PLATTS, CORPORA, McCALL, GEIST, TRICH, ROONEY,
LAUGHLIN, TRELLO, COLAFELLA, CURRY, SHANER, JOSEPHS,
LaGROTTA, TANGRETTI, RAMOS, SCRIMENTI, JAMES, PETRARCA,
PETRONE, LUCYK, MIHALICH, EACHUS, BELFANTI, BOSCOLA, DeWEESE
AND MICHLOVIC, FEBRUARY 11, 1997
REFERRED TO COMMITTEE ON AGING AND YOUTH, FEBRUARY 11, 1997
AN ACT
1 Providing for dangerous child-day-care facilities; and
2 conferring powers and duties on the Department of Public
3 Welfare and law enforcement agencies.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Short title.
7 This act shall be known and may be cited as the Dangerous
8 Child-Day-Care Facilities Act.
9 Section 2. Definitions.
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Child day care." Care in lieu of parental care given for
14 part of a 24-hour day to a child under 16 years of age, away
15 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 Section 3. Dangerous facilities.
15 (a) Department responsibility.--If the department finds that
16 conditions exist which pose an immediate and serious threat to
17 health, safety or well-being of children being cared for in a
18 facility, the department shall immediately issue a temporary
19 order to the facility pending the outcome of a hearing under
20 subsection (d) and, if necessary, ensure the removal of the
21 children from the facility.
22 (1) The temporary order shall specify that the facility
23 shall be closed or that specific conditions must be remedied
24 as a condition of continued operation.
25 (2) The temporary order shall specify all conditions
26 that shall be immediately remedied by the facility.
27 (3) The temporary order shall specify the date and time
28 of any required action or closure of the facility.
29 (4) The temporary order shall specify the appeal rights
30 of the facility.
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1 (b) Corrective action.--Immediately following the issuance
2 of a temporary order under subsection (a) and until the hearing
3 under subsection (d), the department shall monitor the
4 facility's compliance with the temporary order.
5 (c) Law enforcement assistance.--The department may request
6 and shall receive assistance from law enforcement officials
7 whenever necessary to implement an order issued under this
8 section.
9 (d) Hearings.--Within seven business days of the issuance of
10 a temporary order under subsection (a), the department shall
11 schedule an administrative hearing. If the hearing examiner
12 rules that there was a violation of a statute or regulation
13 which posed an immediate and serious threat to health, safety or
14 well-being of the children being cared for in the facility, the
15 hearing examiner shall order continued compliance with the
16 temporary order, issue a new order or order the facility closed
17 until the conclusion of a certificate revocation procedure. The
18 decision of the hearing examiner shall be rendered within two
19 hours of the conclusion of the hearing.
20 (e) Certificate revocation.--Within three business days of
21 an order of closure under subsection (d), the department may
22 initiate certificate revocation proceedings under the act of
23 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
24 against the licensee or holder of a certificate of the facility.
25 (f) Supersedeas.--The appeal of an emergency order issued
26 under this section shall be deemed an application for a
27 supersedeas which shall be granted only if all of the following
28 apply:
29 (1) There is substantial likelihood of success on
30 appeal.
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1 (2) Continued operation of the facility pending appeal
2 will not jeopardize the life, health or safety of children
3 being cared for in a facility.
4 (g) Other entities.--Nothing in this section shall preclude
5 the department from closing or taking other emergency action
6 with regard to an entity supervised or licensed by the
7 department.
8 Section 4. Regulations.
9 The department shall promulgate regulations to administer
10 this act.
11 Section 5. Effective date.
12 This act shall take effect in 60 days.
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