H1276B1686A02024 DMS:CMD 06/09/15 #90 A02024
AMENDMENTS TO HOUSE BILL NO. 1276
Sponsor: REPRESENTATIVE CONKLIN
Printer's No. 1686
Amend Bill, page 1, line 7, by inserting after "parents,"
for information relating to certified or registered day-care
home residents,
Amend Bill, page 1, line 9, by inserting after "compliance"
, for education and training
Amend Bill, page 2, line 8, by inserting a bracket before
"day-care"
Amend Bill, page 2, line 8, by inserting after "day-care"
] child-care
Amend Bill, page 5, line 17, by inserting after "amended"
and the subsection is amended by adding a paragraph
Amend Bill, page 5, by inserting after line 30
(16) An adult household member who is a person
responsible for the child's welfare and provides services to
a child in a family living home, community home for
individuals with an intellectual disability or host home for
children which are subject to licensure by the department
under Articles IX and X of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code.
Amend Bill, page 6, line 9, by inserting a bracket before
"registered"
Amend Bill, page 6, line 9, by inserting after "day-care"
] licensed child-care
Amend Bill, page 7, line 1, by inserting after "General"
may have access to only the reports in the possession of
the entity being audited and
Amend Bill, page 7, lines 4 and 5, by striking out "and (d)
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(6)" and inserting
, (d)(4.1), (5), (6)
Amend Bill, page 7, line 5, by inserting after "(8)"
and (e)
Amend Bill, page 7, lines 6 and 7, by striking out "a
subsection" and inserting
subsections
Amend Bill, page 8, by inserting between lines 5 and 6
(8) An individual 18 years of age or older who resides
for at least 30 days in a calendar year in the following
homes which are subject to licensure by the department under
Articles IX and X of the act of June 13, 1967 (P.L.31,
No.21), known as the Public Welfare Code:
(i) A family living home.
(ii) A community home for individuals with an
intellectual disability.
(iii) A host home for children.
This paragraph does not include an individual with an
intellectual disability or chronic psychiatric disability
receiving services in a home.
Amend Bill, page 11, by inserting between lines 7 and 8
(4.1) If a foster parent, prospective adoptive parent,
or an individual over 18 years of age residing in the home is
arrested for or convicted of an offense that would constitute
grounds for denying approval under this chapter or is named
as a perpetrator in a founded or indicated report, the foster
parent or prospective adoptive parent shall provide the
foster family care agency or the agency listed to provide
adoption services with written notice not later than 72 hours
after the arrest, conviction or notification that the [foster
parent] individual was named as a perpetrator in the
Statewide database.
(5) Foster parents and prospective adoptive parents
shall be required to report any other change in the [foster]
family household composition within 30 days of the change for
review by the foster family care agency or the agency listed
to provide adoption services. If any individual over 18 years
of age, who has resided outside this Commonwealth at any time
within the previous five-year period, begins residing in the
home of an approved foster family or a prospective adoptive
family, that individual shall, within 30 days of beginning
residence, submit to the foster family care agency or the
agency listed to provide adoption services a certification
obtained from the Statewide database, or its equivalent in
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each state in which the person has resided within the
previous five-year period, as to whether the person is named
as a perpetrator. If the certification shows that the person
is named as a perpetrator within the previous five-year
period, the foster family care agency or the agency listed to
provide adoption services shall forward the certification to
the department for review. If the department determines that
the person is named as the equivalent of a perpetrator of a
founded report within the previous five-year period and the
person does not cease residing in the home immediately, the
county agency shall immediately seek court authorization to
remove the foster child or children from the home. In
emergency situations when a judge cannot be reached, the
county agency shall proceed in accordance with the
Pennsylvania Rules of Juvenile Court Procedure.
Amend Bill, page 12, by inserting between lines 27 and 28
(d.3) Family living homes, community homes for individuals
with an intellectual disability and host homes.--
(1) The following shall apply to an individual over 18
years of age residing in a family living home, a community
home for individuals with an intellectual disability or a
host home providing community residential rehabilitation
services, which are subject to licensure by the department
under Articles IX and X of the Public Welfare Code:
(i) If an individual is arrested for or convicted of
an offense that would constitute grounds for denying
approval under this chapter, or is named as a perpetrator
in a founded or indicated report, the individual shall
provide the agency with written notice not later than 72
hours after the arrest, conviction or notification that
the individual was named as a perpetrator in the
Statewide database.
(ii) The adult household member who is providing
services to a child in the home shall be required to
report any other change in the household composition
within 30 days of the change for review by the agency. If
any individual over 18 years of age, who has resided
outside this Commonwealth at any time within the previous
five-year period, begins residing in the home, that
individual shall, within 30 days of beginning residence,
submit to the agency a certification obtained from the
Statewide database, or its equivalent in each state in
which the individual has resided within the previous
five-year period, as to whether the person is named as a
perpetrator. If the certification shows that the person
is named as a perpetrator within the previous five-year
period, the agency shall forward the certification to the
department for review.
(2) This subsection shall not apply to an individual
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with an intellectual disability or chronic psychiatric
disability receiving services in a home.
(3) As used in this subsection, the term "agency" means
a family living home agency, community home agency for
individuals with an intellectual disability or a host home
agency.
(e) Self-employed family [day-care] child-care providers.--
Self-employed family [day-care] child-care providers who apply
for a [certificate of registration] license with the department
shall submit with their [registration] licensure application the
information set forth under subsection (b) for review in
accordance with this section.
* * *
Section 6. Section 6344.1 heading, (a) and (c) of Title 23
are amended to read:
§ 6344.1. Information relating to certified or [registered day-
care] licensed child-care home residents.
(a) General rule.--In addition to the requirements of
section 6344 (relating to employees having contact with
children; adoptive and foster parents), an individual who
applies to the department for a certificate of compliance or a
[registration certificate] license to provide child day care in
a residence shall include criminal history record and child
abuse record information required under section 6344(b) for
every individual 18 years of age or older who resides in the
home for at least 30 days in a calendar year.
* * *
(c) Effect on certification or [registration] licensure.--
The department shall refuse to issue or renew a certificate of
compliance or [registration certificate] license or shall revoke
a certificate of compliance or [registration certificate]
license if the day-care home provider or individual 18 years of
age or older who has resided in the home for at least 30 days in
a calendar year:
(1) is named in the Statewide database as the
perpetrator of a founded report committed within the
immediately preceding five-year period; or
(2) has been convicted of an offense enumerated in
section 6344(c).
* * *
Amend Bill, page 12, line 28, by striking out "6" and
inserting
7
Amend Bill, page 17, by inserting between lines 27 and 28
Section 8. Section 6383(c)(1), (2) and (3) of Title 23 are
amended to read:
§ 6383. Education and training.
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* * *
(c) Training of persons subject to department regulation.--
(1) The following persons shall be required to meet the
child abuse recognition and reporting training requirements
of this subsection:
(i) Operators of institutions, facilities or
agencies which care for children and are subject to
supervision by the department under Article IX of the
Public Welfare Code, and their employees who have direct
contact with children.
(ii) Foster parents.
(iii) Operators of facilities and agencies which
care for children and are subject to licensure by the
department under Article X of the Public Welfare Code and
their employees who have direct contact with children.
(iv) Caregivers in family [day care] child-care
homes which are subject to [registration] licensure by
the department under [Subarticle (c) of] Article X of the
Public Welfare Code and their employees who have direct
contact with children.
(v) The adult household member who is a person
responsible for the child's welfare and is providing
services to a child in a family living home, a community
homes for individuals with an intellectual disability or
a host home which are subject to licensure by the
department under Articles IX and X of the Public Welfare
Code.
(2) Within six months of the effective date of this
subsection, operators and caregivers shall receive three
hours of training prior to the issuance of a license[,] or
approval [or registration] certificate and three hours of
training every five years thereafter.
(3) Employees who have direct contact with children and
foster parents shall receive three hours of training within
six months of the issuance of a license[,] or approval [or
registration] certificate and three hours of training every
five years thereafter. New employees and new foster parents
shall receive three hours of training within 90 days of hire
or approval as a foster parent and three hours of training
every five years thereafter.
* * *
Amend Bill, page 17, line 28, by striking out "7" and
inserting
9
Amend Bill, page 18, line 16, by striking out "8" and
inserting
10
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