PRINTER'S NO. 438
No. 418 Session of 1995
INTRODUCED BY DENT, GRUPPO, BROWNE, PITTS, GODSHALL, BROWN,
VAN HORNE, M. N. WRIGHT, L. I. COHEN, ARGALL, FARGO,
YOUNGBLOOD, STERN, DEMPSEY, BATTISTO, CLARK, BAKER, CARONE,
WOGAN, SATHER, PETTIT, McCALL, FLICK, DRUCE, MAITLAND,
GAMBLE, THOMAS, ROONEY, J. TAYLOR, HANNA, HENNESSEY, LEH,
E. Z. TAYLOR, TRUE, VANCE, MELIO, LAUGHLIN, TRELLO, SEMMEL,
RAYMOND, PLATTS, BUNT, NICKOL, MUNDY, CIVERA AND DeLUCA,
JANUARY 31, 1995
REFERRED TO COMMITTEE ON AGING AND YOUTH, JANUARY 31, 1995
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," further defining
4 "facility"; defining "group child day-care home"; and further
5 providing for fees and for regulations of the Department of
6 Public Welfare.
7 The General Assembly finds and declares as follows:
8 (1) That in-home child day care, care provided in family
9 child day-care homes and group child day-care homes, is the
10 largest segment of regulated child day care in use in this
11 Commonwealth. Further, it is found that many parents choose
12 in-home child day care for their children primarily due to
13 the in-home, noninstitutional environment within which their
14 child is cared for.
15 (2) That it is in the best interest of the general
16 public to ensure that in-home child day care will continue to
17 be available and that any policies or regulations of this
1 Commonwealth that may severely limit parental choice by
2 reducing the amount of in-home child day care shall be
3 contrary to the intent of the General Assembly.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definition of "facility" in section 1001 of
7 the act of June 13, 1967 (P.L.31, No.21), known as the Public
8 Welfare Code, amended December 21, 1988 (P.L.1883, No.185), is
9 amended and the section is amended by adding a definition to
10 read:
11 Section 1001. Definitions.--As used in this article--
12 * * *
13 "Facility" means an adult day care center, child day care
14 center, [family day care home] group child day care home,
15 boarding home for children, mental health establishment,
16 personal care home, nursing home, hospital or maternity home, as
17 defined herein, and shall not include those operated by the
18 State or Federal governments or those supervised by the
19 department.
20 "Group child day care home" means any home in which child day
21 care is provided at one time for more than six, but fewer than
22 sixteen older school-age level children or more than six but
23 fewer than thirteen children of another age level who are
24 unrelated to the operator.
25 * * *
26 Section 2. Section 1006 of the act, amended December 21,
27 1988 (P.L.1883, No.185), is amended to read:
28 Section 1006. Fees.--Annual licenses shall be issued when
29 the proper fee, if required, is received by the department and
30 all the other conditions prescribed in this act are met. For
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1 personal care homes, the fee shall be an application fee. The
2 fees shall be:
3 Facility Annual Fee
4 Adult day care center $ 15
5 Mental health establishment 50
6 Personal care home-- 0 - 20 beds 15
7 -- 21 - 50 beds 20
8 -- 51 - 100 beds 30
9 --101 beds and above 50
10 No fee shall be required for the annual license in the case
11 of child day care centers, [family day care homes] group child
12 day care homes, boarding homes for children or for public or
13 nonprofit mental institutions.
14 Section 3. Section 1021 of the act is amended to read:
15 Section 1021. Regulations.--(a) The department is hereby
16 authorized and empowered to adopt regulations establishing
17 minimum standards for building, equipment, operation, care,
18 program and services and for the issuance of licenses.
19 (b) Regulations pertaining to group child day care homes
20 will establish the minimum and reasonable standards of safety
21 and care which will be required in group child day care homes,
22 will ensure that care is provided in an in-home, non-
23 institutional environment and will recognize the vital role
24 which parents and guardians play in monitoring the care provided
25 in group child day care homes.
26 Section 4. Section 1076 of the act, added December 5, 1980
27 (P.L.1112, No.193), is amended to read:
28 Section 1076. Regulations.--The department is hereby
29 authorized and empowered to adopt regulations establishing
30 minimum and reasonable standards for the operation of family day
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1 care homes and the issuance of registration certificates. These
2 regulations will establish the minimum standards of safety and
3 care which will be required in family day care homes, will
4 ensure that care is provided in an in-home, non-institutional
5 environment, and will recognize the vital role which parents and
6 guardians play in monitoring the care provided in family day
7 care homes.
8 Section 5. This act shall take effect in 60 days.
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