PRIOR PRINTER'S NOS. 2577, 2625 PRINTER'S NO. 2892
No. 2073 Session of 1995
INTRODUCED BY LEDERER, GRUPPO, YOUNGBLOOD, BLAUM, KELLER,
BUTKOVITZ, McGEEHAN, KIRKLAND, BISHOP AND WASHINGTON,
OCTOBER 4, 1995
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
DECEMBER 11, 1995
AN ACT
1 Requiring all child day-care facilities in this Commonwealth to
2 have one or more persons competent in first aid techniques
3 and cardiopulmonary resuscitation (CPR) at the facility when
4 one or more children are in care; PROVIDING FOR THE CREATION <--
5 OF A STATEWIDE CHILD DAY-CARE RESOURCE AND REFERRAL SYSTEM;
6 IMPOSING ADDITIONAL RESPONSIBILITIES UPON THE DEPARTMENT OF
7 PUBLIC WELFARE; AND PROVIDING FOR UNANNOUNCED INSPECTIONS,
8 FOR DANGEROUS FACILITIES, FOR REGISTRATION, FOR A TOLL-FREE
9 TELEPHONE NUMBER, FOR A CHILD DAY-CARE CONSUMER GUIDE AND FOR
10 INSPECTION OF FAMILY CHILD DAY-CARE HOMES.
11 The General Assembly of the Commonwealth of Pennsylvania
12 hereby enacts as follows:
13 CHAPTER 1 <--
14 GENERAL PROVISIONS
15 SECTION 101. SHORT TITLE.
16 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE CHILD CARE
17 FIRST AID-CPR, RESOURCE-REFERRAL, INSPECTION AND DANGEROUS
18 FACILITIES ACT.
19 SECTION 102. DEFINITIONS.
20 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS ACT SHALL
1 HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
2 CONTEXT CLEARLY INDICATES OTHERWISE:
3 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE
4 COMMONWEALTH.
5 CHAPTER 3
6 FIRST AID - CPR
7 Section 1 301. Short title. <--
8 This act CHAPTER shall be known and may be cited as the <--
9 Child-care First Aid and CPR FIRST AID-CPR Act. <--
10 Section 2 302. Definitions. <--
11 The following words and phrases when used in this act CHAPTER <--
12 shall have the meanings given to them in this section unless the
13 context clearly indicates otherwise:
14 "Child day-care center." The premises in which care is
15 provided at any one time for seven or more children unrelated to
16 the operator.
17 "DEPARTMENT." THE DEPARTMENT OF PUBLIC WELFARE OF THE <--
18 COMMONWEALTH AND ITS AUTHORIZED AGENTS.
19 "FACILITY." A CHILD DAY-CARE CENTER, FAMILY CHILD DAY-CARE
20 HOME OR GROUP CHILD DAY-CARE HOME.
21 "Family child day-care home." A home other than the child's
22 own home, operated for profit or not for profit, in which child
23 day care is provided at any one time to four, five or six
24 children unrelated to the operator.
25 "Group child day-care home." The premises in which care is
26 provided at one time for more than six but fewer than 16 older
27 school-age-level children or more than six but fewer than 13
28 children of another age level who are unrelated to the operator.
29 The term includes a facility located in a residence or another
30 premises.
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1 "PROVIDER PROFILE." INFORMATION SPECIFIC TO EACH REGULATED <--
2 CHILD DAY-CARE PROVIDER CONTAINED IN A SIMPLE AND EASILY
3 UNDERSTANDABLE INFORMATION SHEET WHICH SHALL INCLUDE, BUT NOT BE
4 LIMITED TO, THE FOLLOWING:
5 (1) NAME, ADDRESS AND TELEPHONE NUMBER OF THE PROVIDER
6 OF CHILD DAY-CARE SERVICES.
7 (2) TYPE OF CHILD DAY-CARE PROVIDER.
8 (3) THE EXPIRATION DATE OF THE PROVIDER'S CERTIFICATION
9 OF COMPLIANCE OR REGISTRATION CERTIFICATE.
10 (4) HOURS OF OPERATION.
11 (5) TYPICAL ENROLLMENT BY AGE LEVEL.
12 (6) A BRIEF LIST OR DESCRIPTION OF SERVICES PROVIDED OR
13 AVAILABLE.
14 Section 3 303. General staff requirement. <--
15 (a) General rule.--All child day-care centers, group child
16 day-care homes and family child day-care homes, as regulated
17 under 55 Pa. Code Chs. 3270 (relating to child day care
18 centers), 3280 (relating to group child day care homes) and 3290
19 (relating to family child day care homes), shall have one or
20 more persons competent in WHO HOLD A CURRENT CERTIFICATE OF <--
21 COMPLETION OF pediatric first aid techniques TRAINING at the <--
22 facility when day-care children are in care. Such pediatric
23 first aid techniques TRAINING shall include choke-saving and <--
24 rescue breathing techniques. In addition, at least one person at
25 the facility must be competent MUST HOLD A CURRENT CERTIFICATE <--
26 OF COMPLETION OF TRAINING in infant and child cardiopulmonary
27 resuscitation (CPR) when a child who has an increased risk for
28 needing heart resuscitation is in care at the facility. This
29 requirement shall be in addition to the current requirement for
30 infant and child CPR at it relates to lifeguard training.
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1 (b) Training.--
2 (1) Competence is completion COMPLETION of training that <--
3 shall be documented by the signature and title of a
4 representative of the training entity and shall include the
5 date training was completed. Documentation shall be retained
6 in the facility in that person's file.
7 (2) First PEDIATRIC FIRST aid and CPR training shall be <--
8 renewed on or before expiration of certification or AND AT <--
9 LEAST every three years, as applicable. <--
10 CHAPTER 5 <--
11 CHILD DAY-CARE RESOURCE AND
12 REFERRAL SYSTEM
13 SECTION 501. SHORT TITLE.
14 THIS CHAPTER SHALL BE KNOWN AND MAY BE CITED AS THE CHILD
15 DAY-CARE RESOURCE AND REFERRAL LAW.
16 SECTION 502. LEGISLATIVE FINDINGS.
17 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
18 (1) THE DEMAND FOR HIGH QUALITY, AFFORDABLE, ACCESSIBLE
19 CHILD DAY CARE HAS INCREASED DRAMATICALLY IN THE LAST DECADE
20 IN CORRELATION WITH A DRAMATIC INCREASE IN THE LABOR FORCE
21 PARTICIPATION RATE OF PARENTS WITH YOUNG CHILDREN.
22 (2) APPROXIMATELY 190,000 CHILDREN ARE CURRENTLY IN CARE
23 THROUGH A VARIETY OF CHILD DAY-CARE PROGRAMS IN THIS
24 COMMONWEALTH.
25 (3) A COMPREHENSIVE, COORDINATED EFFORT IS NEEDED TO
26 ENSURE THAT ACCURATE, UP-TO-DATE CHILD DAY-CARE INFORMATION
27 IS READILY AVAILABLE AND EASY TO ACCESS.
28 (4) LOCAL CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES
29 ARE BENEFICIAL TO:
30 (I) WORKING PARENTS OF ALL ECONOMIC MEANS BY
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1 ENABLING THEM TO MAKE INFORMED CHOICES IN SELECTING AND
2 PURCHASING THE CHILD DAY CARE THAT BEST MEETS THEIR
3 FAMILY'S UNIQUE NEEDS;
4 (II) EXISTING AND PROSPECTIVE CHILD DAY-CARE
5 PROVIDERS IN THEIR EFFORTS TO DEVELOP AND MAINTAIN SAFE,
6 HIGH-QUALITY CHILD DAY-CARE SERVICES;
7 (III) BUSINESSES BY PROVIDING A COMPREHENSIVE
8 RESOURCE FOR THEM TO USE IN RESPONDING TO CHILD DAY-CARE
9 NEEDS OF THEIR EMPLOYEES; AND
10 (IV) THE COMMUNITY-AT-LARGE BY CONTRIBUTING DIRECTLY
11 TO THE HEALTH, SAFETY AND WELL-BEING OF THIS
12 COMMONWEALTH'S CHILDREN AND THEIR FAMILIES.
13 SECTION 503. DEFINITIONS.
14 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS CHAPTER
15 SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SECTION UNLESS THE
16 CONTEXT CLEARLY INDICATES OTHERWISE:
17 "CHILD DAY CARE." CARE IN LIEU OF PARENTAL CARE, GIVEN FOR
18 PART OF THE 24-HOUR DAY TO CHILDREN UNDER 16 YEARS OF AGE, AWAY
19 FROM THEIR OWN HOMES. THE TERM DOES NOT INCLUDE CHILD DAY CARE
20 FURNISHED IN PLACES OF WORSHIP DURING RELIGIOUS SERVICES.
21 "CHILD DAY-CARE RESOURCE AND REFERRAL AGENCY." A PUBLIC OR
22 PRIVATE NONPROFIT ENTITY THAT PERFORMS FUNCTIONS RELATED TO
23 CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES. THE TERM INCLUDES
24 AN ASSOCIATION OR A CORPORATION.
25 "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES." THE TERM
26 INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
27 (1) THE PROVISION OF UPDATED INFORMATION TO THE PARENTS,
28 EMPLOYERS AND INDIVIDUALS IN A COMMUNITY REGARDING THE
29 AVAILABILITY, COST AND QUALITY OF CHILD DAY-CARE SERVICES IN
30 A DEFINED GEOGRAPHIC AREA.
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1 (2) ASSISTANCE TO PARENTS SO THEY CAN MAKE INFORMED
2 DECISIONS REGARDING APPROPRIATE, AFFORDABLE CHILD DAY-CARE
3 SERVICES FOR THEIR CHILDREN.
4 (3) INFORMATION TO EMPLOYERS ON PROGRAMS DESIGNED TO
5 MEET THE CHILD DAY-CARE NEEDS OF EMPLOYEES.
6 (4) PROVISION OF START-UP INFORMATION TO POTENTIAL CHILD
7 DAY-CARE PROVIDERS TO INCREASE THE SUPPLY OF PROVIDERS.
8 SECTION 504. PROVISION OF CHILD DAY-CARE RESOURCE AND REFERRAL
9 SERVICES.
10 THE DEPARTMENT SHALL ARRANGE FOR THE AVAILABILITY OF CHILD
11 DAY-CARE RESOURCE AND REFERRAL SERVICES ACROSS THIS COMMONWEALTH
12 THROUGH CONTRACTUAL AGREEMENTS WITH PUBLIC OR PRIVATE ENTITIES
13 THAT CAN FULFILL THE RESPONSIBILITIES OF A CHILD DAY-CARE
14 RESOURCE AND REFERRAL AGENCY.
15 SECTION 505. ESTABLISHMENT OF CENTRAL CHILD DAY-CARE DATA BASE.
16 THE DEPARTMENT SHALL PROVIDE FOR THE ESTABLISHMENT AND
17 MAINTENANCE OF A CENTRAL CHILD DAY-CARE DATA BASE. THE
18 DEPARTMENT SHALL COMPILE ALL INFORMATION FROM CHILD DAY-CARE
19 RESOURCE AND REFERRAL AGENCIES WITH WHICH IT HAS A CONTRACTUAL
20 AGREEMENT UNDER SECTION 504 AND ESTABLISH COMPREHENSIVE,
21 ACCURATE AND UP-TO-DATE REFERENCE BASE ON CHILD DAY CARE IN THIS
22 COMMONWEALTH SHALL BE CREATED. IN ACCORDANCE WITH THE EXECUTIVE
23 ORDER 1988-8 AND ANY SUBSEQUENT ORDERS ISSUED PURSUANT THERETO,
24 THE CENTRAL CHILD DAY-CARE DATA BASE SHALL BE CREATED BY
25 UTILIZING APPLIED DEMOGRAPHIC ANALYSES, CREATION OF STATISTICAL
26 MAPS AND GRAPHICS AND CENSUS GEOGRAPHIC REFERENCE MAPS, AS WELL
27 AS ANY OTHER RESOURCES THE DEPARTMENT MAY HAVE AVAILABLE. THE
28 DEPARTMENT SHALL DETERMINE THE NATURE AND SCOPE OF ALL
29 CENTRALIZED CHILD DAY-CARE DATA TO BE MAINTAINED PURSUANT TO
30 THIS ACT. CHILD DAY-CARE RESOURCE AND REFERRAL AGENCIES UNDER
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1 CONTRACT WITH THE DEPARTMENT SHALL BE PROVIDED AT LEAST ANNUALLY
2 AND AT NO CHARGE WITH INFORMATION DEVELOPED REGARDING CHILD DAY
3 CARE IN THEIR SPECIFIC GEOGRAPHIC AREAS. EACH CHILD DAY-CARE
4 RESOURCE AND REFERRAL AGENCY UNDER CONTRACT WITH THE DEPARTMENT
5 SHALL MAINTAIN A COMPREHENSIVE DATA BASE ON CHILD DAY-CARE
6 SUPPLY AND DEMAND IN THE GEOGRAPHIC AREA SERVED BY THE AGENCY.
7 SECTION 506. RESOURCE AND REFERRAL SERVICES OFFERED.
8 THE DEPARTMENT SHALL ARRANGE FOR CHILD DAY-CARE RESOURCE AND
9 REFERRAL SERVICES ACROSS THIS COMMONWEALTH THROUGH CONTRACTS
10 WITH CHILD DAY-CARE RESOURCE AND REFERRAL AGENCIES, WHICH SHALL
11 PROVIDE, AT A MINIMUM, THE FOLLOWING SERVICES:
12 (1) IDENTIFICATION OF ALL STATE-APPROVED CHILD DAY-CARE
13 PROVIDERS IN THEIR SPECIFIC GEOGRAPHIC AREA AND A PROFILE OF
14 EACH PROVIDER TO INDICATE THE TYPES OF SERVICES THEY PROVIDE
15 AND THE COSTS OF SUCH SERVICES.
16 (2) MAINTENANCE OF A REGULARLY UPDATED RESOURCE FILE
17 THAT DEMONSTRATES SUPPLY AND DEMAND OF SERVICES.
18 (3) MAINTENANCE OF A RESOURCE AND REFERRAL SERVICE FOR
19 CHILD DAY-CARE USERS AND ASSISTANCE, IF REQUESTED, IN
20 EVALUATING CHILD DAY-CARE NEEDS AND APPROPRIATENESS OF TYPES
21 OF CHILD DAY CARE.
22 (4) ESTABLISHMENT OF A PUBLIC EDUCATION PROGRAM TO
23 INFORM CONSUMERS AND PROVIDE REFERRAL COUNSELING ABOUT CHILD
24 DAY-CARE OPTIONS, INCLUDING INFORMATION ON TYPES OF CHILD DAY
25 CARE, AVAILABILITY, COST AND STANDARDS, THROUGH SUCH MEANS AS
26 PRINTED MATERIALS, TELEPHONE CONTACTS, EDUCATION SESSIONS OR
27 WORKSHOPS AND RESOURCE LIBRARIES.
28 (5) PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE TO
29 PROVIDERS AND PROSPECTIVE PROVIDERS, AS REQUESTED. TYPES OF
30 INFORMATION TO BE MADE AVAILABLE SHALL INCLUDE, BUT NOT BE
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1 LIMITED TO, INFORMATION REGARDING CAREER OPPORTUNITIES IN THE
2 FIELD, CONTINUING EDUCATION, TRAINING OPPORTUNITIES,
3 ACCREDITATION PROGRAMS, REGULATORY REQUIREMENTS, FOOD
4 PROGRAMS AND DEMOGRAPHIC INFORMATION TO DETERMINE THE
5 EXISTENCE OF MARKETS FOR SERVICES AND TO HELP STIMULATE THE
6 SUPPLY OF CHILD DAY-CARE SERVICES NEEDED IN THE AREA.
7 (6) SERVE AS A RESOURCE TO EMPLOYERS WHO ARE TRYING TO
8 MEET THE CHILD DAY-CARE NEEDS OF THEIR EMPLOYEES.
9 (7) COLLECTION AND MAINTENANCE OF DATA, AS MAY BE USEFUL
10 IN STATE AND LOCAL PLANNING EFFORTS, ON THE NUMBER AND USAGE
11 OF DIFFERENT CHILD DAY-CARE PROVIDERS, THE TYPE, AVAILABILITY
12 AND COST OF CHILD DAY CARE IN A PARTICULAR GEOGRAPHIC AREA
13 AND DEMOGRAPHIC INFORMATION TO DETERMINE WHETHER THE SUPPLY
14 MEETS THE DEMAND FOR CHILD DAY-CARE SERVICES IN A GIVEN AREA.
15 (8) PROVISION OF INFORMATION TO LOW-INCOME PARENTS ABOUT
16 SUBSIDIZED CHILD DAY-CARE SERVICES RECEIVING FEDERAL AND
17 STATE FUNDING AND REFERRAL TO A LOCAL ENTITY RESPONSIBLE FOR
18 ADMINISTERING THE SUBSIDIZED CHILD DAY-CARE FUNDS. THE CHILD
19 DAY-CARE RESOURCE AND REFERRAL AGENCY SHALL ALSO PROVIDE TO
20 PARENTS RECEIVING PUBLIC ASSISTANCE INFORMATION ABOUT CHILD
21 DAY-CARE SERVICES THAT MAY BE AVAILABLE THROUGH THE COUNTY
22 ASSISTANCE OFFICE PURSUANT TO TITLE IV OF THE SOCIAL SECURITY
23 ACT (PUBLIC LAW 74-271, 42 U.S.C. § 601 ET SEQ.). THE CHILD
24 DAY-CARE RESOURCE AND REFERRAL AGENCY SHALL AVOID DUPLICATING
25 SERVICES AND SHALL DEVELOP PROCEDURES TO STREAMLINE SERVICES
26 FOR LOW-INCOME PARENTS NEEDING CHILD DAY-CARE SERVICES.
27 SECTION 507. STANDARD OPERATING PROCEDURES.
28 LOCAL MANAGEMENT AGENCIES, AS PROVIDERS OF CHILD DAY-CARE
29 RESOURCE AND REFERRAL SERVICES SHALL:
30 (1) CONDUCT BUSINESS DURING HOURS CONVENIENT TO WORKING
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1 PARENTS, INCLUDING SOME EVENING AND WEEKEND HOURS, IF DEEMED
2 NECESSARY.
3 (2) HAVE THE AUTHORITY TO ESTABLISH A REASONABLE RANGE
4 OF FEES FOR SERVICES, WITH THE APPROVAL OF THE DEPARTMENT.
5 (3) ADVERTISE THEIR SERVICES. ALL RECIPIENTS OF SERVICES
6 SHALL BE INFORMED OF APPLICABLE FEES PRIOR TO THE PROVISION
7 OF SUCH SERVICES, AS DESIGNATED IN THIS ACT.
8 (4) TAILOR SERVICES PROVIDED FOR IN THIS ACT TO THE
9 GEOGRAPHICALLY DEFINED AREA IN WHICH THEY ARE LOCATED.
10 (5) SEEK OPPORTUNITIES TO PROVIDE EDUCATIONAL AND
11 CONSUMER AWARENESS PROGRAMS.
12 (6) UTILIZE, TO THE MAXIMUM EXTENT, THE MOST COST-
13 EFFECTIVE MEANS OF PROVIDING CHILD DAY-CARE RESOURCE AND
14 REFERRAL SERVICES IN ACCORDANCE WITH THIS ACT, INCLUDING, BUT
15 NOT LIMITED TO, PUBLIC-PRIVATE PARTNERSHIPS, WHERE DEEMED
16 APPROPRIATE, AND CONTRACTUAL ARRANGEMENTS WITH EXISTING
17 PROVIDERS OF RESOURCE AND REFERRAL SERVICES.
18 (7) MAINTAIN CONFIDENTIALITY OF RECORDS. INFORMATION
19 CONTAINED IN THE RECORDS SHALL NOT BE PUBLICLY DISCLOSED IN
20 SUCH A MANNER SO AS TO IDENTIFY INDIVIDUALS. CERTAIN
21 NONIDENTIFYING INFORMATION MAY, HOWEVER, BE COLLECTED IN
22 AGGREGATE FORM FOR THE PURPOSES OF DATA COLLECTION.
23 (8) REPORT TO THE DEPARTMENT ON A REGULAR BASIS
24 INFORMATION REGARDING:
25 (I) THE NUMBER OF PARENTS AND CHILDREN SERVED.
26 (II) THE EXTENT OF ASSISTANCE GIVEN TO PROVIDERS,
27 PARENTS, BUSINESSES AND OTHERS.
28 (III) FEES CHARGED FOR RESOURCE AND REFERRAL
29 SERVICES PROVIDED FOR IN THIS ACT.
30 (IV) THE IMPACT OF THE RESOURCE AND REFERRAL
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1 SERVICES ON QUALITY AND AVAILABILITY OF CHILD DAY CARE IN
2 THEIR PARTICULAR GEOGRAPHICALLY DEFINED AREA.
3 (V) ANY RECOMMENDATIONS THAT MAY CONTRIBUTE TO THE
4 IMPROVEMENT OF THE PROVISION OF CHILD DAY-CARE RESOURCE
5 AND REFERRAL SERVICES.
6 SECTION 508. ANNUAL REPORT.
7 THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL
8 ASSEMBLY WHICH SHALL REFLECT THE INFORMATION COLLECTED BY THE
9 CHILD DAY-CARE RESOURCE AND REFERRAL AGENCIES DESIGNATED BY THE
10 DEPARTMENT. THE REPORT SHALL DESCRIBE HOW THE CHILD DAY-CARE
11 RESOURCE AND REFERRAL AGENCIES FURTHER THE DEPARTMENT'S GOAL TO
12 IMPROVE THE QUALITY, AVAILABILITY AND AFFORDABILITY OF CHILD
13 DAY-CARE SERVICES. THIS REPORT SHALL ALSO INCLUDE ANY
14 RECOMMENDATIONS OF THE DEPARTMENT FOR IMPROVEMENTS TO THE
15 STATEWIDE RESOURCE AND REFERRAL SYSTEM, AS WELL AS THE
16 AVAILABILITY OF PRIVATE, CORPORATE AND GOVERNMENT FUNDING FOR
17 RESOURCE AND REFERRAL SERVICES.
18 SECTION 509. REGULATIONS.
19 THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
20 PROMULGATE THE RULES AND REGULATIONS NECESSARY TO ESTABLISH
21 CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES TO BE OFFERED IN
22 ACCORDANCE WITH THIS CHAPTER.
23 SECTION 510. RESOURCE AND REFERRAL SERVICES IMPLEMENTATION.
24 THE DEPARTMENT SHALL ESTABLISH A THREE-YEAR IMPLEMENTATION
25 SCHEDULE FOR PHASING IN CHILD DAY-CARE RESOURCE AND REFERRAL
26 SERVICES THROUGHOUT THIS COMMONWEALTH.
27 CHAPTER 7
28 MISCELLANEOUS PROVISIONS
29 SECTION 701. INSPECTIONS WITHOUT PRIOR NOTICE.
30 (A) INSPECTIONS DURING WORKING HOURS.--THE DEPARTMENT SHALL
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1 CONDUCT AT LEAST ONE INSPECTION ANNUALLY DURING OPERATIONAL
2 HOURS, WITHOUT PRIOR NOTICE, OF CHILD DAY-CARE CENTERS AND GROUP
3 CHILD DAY-CARE HOMES AS DEFINED BY THE PUBLIC WELFARE CODE OR BY
4 REGULATION TO DETERMINE THE STANDARD OF CARE BEING ADMINISTERED
5 TO THE CHILDREN FOR WHOM CHILD DAY CARE IS PROVIDED. THIS
6 INSPECTION MAY BE IN ADDITION TO ANY OTHER INSPECTION REQUIRED
7 BY STATUTE OR REGULATION.
8 (B) STANDARDS.--FOR THE PURPOSE OF CONDUCTING AN INSPECTION
9 OF A CHILD DAY-CARE CENTER OR GROUP CHILD DAY-CARE HOME AS
10 DEFINED BY THE PUBLIC WELFARE CODE OR BY REGULATION, WITHOUT
11 PRIOR NOTICE, THE DEPARTMENT SHALL BE AUTHORIZED TO APPLY THOSE
12 REGULATORY STANDARDS WHICH, WHEN NOT COMPLIED WITH, POSE A
13 SIGNIFICANT RISK TO THE HEALTH, SAFETY AND WELL-BEING OF THE
14 CHILDREN IN CARE. THESE REGULATIONS SHALL INCLUDE, BUT NOT BE
15 LIMITED TO, REGULATIONS PERTAINING TO STAFF-TO-CHILD RATIOS,
16 GROUP SIZES, PREVENTION OF DISEASE, EQUIPMENT SAFETY, SANITATION
17 AND FOOD HANDLING. THE DEPARTMENT SHALL RETAIN THE AUTHORITY TO
18 ENFORCE ALL DEPARTMENT REGULATIONS THAT PERTAIN TO CHILD DAY-
19 CARE FACILITIES.
20 (C) NOTICE.--THE DEPARTMENT, WITHIN SIX MONTHS OF THE
21 EFFECTIVE DATE OF THIS ACT, SHALL PUBLISH A NOTICE IN THE
22 PENNSYLVANIA BULLETIN THAT IDENTIFIES THE REGULATIONS DESCRIBED
23 IN SUBSECTION (B).
24 SECTION 702. DANGEROUS FACILITIES.
25 (A) PROCEDURE.--WHENEVER THE DEPARTMENT, UPON INSPECTION OR
26 INVESTIGATION, SHALL LEARN OF A VIOLATION OF THE ACT OF JUNE 13,
27 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE, OR OF
28 REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THE PUBLIC
29 WELFARE CODE WHICH POSES AN IMMEDIATE AND SERIOUS THREAT TO
30 LIFE, HEALTH OR SAFETY OF AN INDIVIDUAL BEING CARED FOR IN A
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1 FACILITY, THE FOLLOWING SHALL APPLY:
2 (1) AN AGENT OF THE DEPARTMENT SHALL TAKE IMMEDIATE
3 CORRECTIVE ACTION TO ELIMINATE THE THREAT, INCLUDING, IF
4 NECESSARY, SECURING EMERGENCY SERVICES AND CONTACTING LAW
5 ENFORCEMENT AUTHORITIES. AN AGENT OF THE DEPARTMENT SHALL
6 REMAIN AT THE FACILITY WHEN THE FACILITY IS OPEN FOR BUSINESS
7 UNTIL THE CONCLUSION OF THE HEARING UNDER PARAGRAPH (2).
8 (2) ON THE NEXT BUSINESS DAY AFTER THE AGENT TAKES
9 CORRECTIVE ACTION UNDER PARAGRAPH (1), THE DEPARTMENT SHALL
10 SCHEDULE AN ADMINISTRATIVE HEARING BEFORE A HEARING EXAMINER
11 OF THE DEPARTMENT. IF THE HEARING EXAMINER DETERMINES THAT
12 THERE IS A VIOLATION OF THE PUBLIC WELFARE CODE OR OF
13 REGULATIONS ADOPTED BY THE DEPARTMENT PURSUANT TO THE PUBLIC
14 WELFARE CODE WHICH POSES AN IMMEDIATE AND SERIOUS THREAT TO
15 LIFE, HEALTH OR SAFETY OF AN INDIVIDUAL BEING CARED FOR IN A
16 FACILITY, THE HEARING EXAMINER SHALL ORDER THE FACILITY
17 CLOSED UNTIL THE CONCLUSION OF THE LICENSE REVOCATION
18 PROCEEDING UNDER PARAGRAPH (3). THE HEARING EXAMINER SHALL
19 MAKE A DETERMINATION WITHIN 30 MINUTES OF CONCLUSION OF THE
20 PRESENTATION OF EVIDENCE.
21 (3) WITHIN THREE BUSINESS DAYS OF TAKING CORRECTIVE
22 ACTION UNDER PARAGRAPH (1), THE AGENT SHALL INITIATE LICENSE
23 REVOCATION PROCEEDINGS UNDER SECTION 1026 OF THE PUBLIC
24 WELFARE CODE AGAINST THE LICENSEE FOR THE FACILITY.
25 (B) SUPERSEDEAS.--THE FOLLOWING SHALL APPLY:
26 (1) AN APPEAL TO THE DEPARTMENT OF AN ORDER UNDER
27 SUBSECTION (A)(2) SHALL NOT ACT AS AN AUTOMATIC SUPERSEDEAS
28 OF THE DECISION OF THE HEARING EXAMINER; BUT, UPON CAUSE
29 SHOWN, THE DEPARTMENT MAY GRANT A SUPERSEDEAS.
30 (2) AN APPEAL TO COMMONWEALTH COURT OF A DECISION UNDER
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1 PARAGRAPH (1) SHALL NOT ACT AS AN AUTOMATIC SUPERSEDEAS OF
2 THE DECISION OF THE DEPARTMENT; BUT, UPON CAUSE SHOWN, THE
3 COURT MAY GRANT A SUPERSEDEAS.
4 (C) EFFECT OF VIOLATION ON LICENSE.--THE DEPARTMENT SHALL
5 REFUSE TO ISSUE A LICENSE TO OR SHALL REVOKE THE LICENSE OF A
6 FACILITY FOUND TO BE IN VIOLATION OF THE PUBLIC WELFARE CODE IN
7 A MANNER WHICH POSES AN IMMEDIATE AND SERIOUS THREAT TO LIFE,
8 HEALTH OR SAFETY OF AN INDIVIDUAL BEING CARED FOR IN THE
9 FACILITY.
10 SECTION 703. APPLICATION FOR REGISTRATION CERTIFICATE.
11 IN ADDITION TO COMPLYING WITH THE REQUIREMENTS SET FORTH IN
12 23 PA.C.S. § 6344 (RELATING TO INFORMATION RELATING TO
13 PROSPECTIVE CHILD-CARE PERSONNEL), AN INDIVIDUAL WHO APPLIES TO
14 THE DEPARTMENT FOR A REGISTRATION CERTIFICATE TO OPERATE A
15 FAMILY CHILD DAY-CARE HOME SHALL INCLUDE IN THE APPLICATION A
16 REPORT OF CRIMINAL HISTORY INFORMATION AND CHILD ABUSE HISTORY
17 RECORD INFORMATION, AS DESCRIBED IN 23 PA.C.S. § 6344, REGARDING
18 EVERY INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO RESIDES IN THE
19 HOME FOR AT LEAST 30 DAYS IN A CALENDAR YEAR.
20 SECTION 704. DENIAL, NONRENEWAL OR REVOCATION OF REGISTRATION.
21 THE DEPARTMENT SHALL REFUSE TO ISSUE OR RENEW A REGISTRATION
22 CERTIFICATE OR SHALL REVOKE A REGISTRATION CERTIFICATE IF THE
23 FAMILY DAY-CARE HOME PROVIDER, AN EMPLOYEE OF THE PROVIDER, OR
24 AN INDIVIDUAL 14 YEARS OF AGE OR OLDER WHO HAS RESIDED IN THE
25 HOME OF THE PROVIDER FOR 30 DAYS IN A CALENDAR YEAR:
26 (1) IS NAMED IN THE CENTRAL REGISTER ON CHILD ABUSE
27 ESTABLISHED UNDER 23 PA.C.S. CH. 63 (RELATING TO CHILD
28 PROTECTIVE SERVICES) AS THE PERPETRATOR OF A FOUNDED REPORT
29 OF CHILD ABUSE; OR
30 (2) HAS BEEN FOUND GUILTY OF OR ADJUDICATED DELINQUENT
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1 FOR AN OFFENSE ENUMERATED IN 23 PA.C.S. § 6344(C) (RELATING
2 TO INFORMATION RELATING TO PROSPECTIVE CHILD-CARE PERSONNEL).
3 SECTION 705. TOLL-FREE TELEPHONE NUMBER.
4 THE DEPARTMENT SHALL ESTABLISH AND ADVERTISE THE AVAILABILITY
5 OF A TOLL-FREE TELEPHONE NUMBER BY WHICH CONSUMERS MAY INQUIRE
6 AND RECEIVE PROMPT INFORMATION ON THE HISTORY AND NATURE OF
7 VIOLATIONS COMMITTED BY ANY PROVIDER OF CHILD DAY-CARE SERVICES.
8 SECTION 706. CHILD DAY-CARE CONSUMER GUIDE.
9 (A) GENERAL RULE.--THE DEPARTMENT, OR THE ENTITY WITH WHICH
10 IT CONTRACTS TO PERFORM CHILD DAY-CARE RESOURCE AND REFERRAL
11 SERVICES, SHALL DEVELOP, DISTRIBUTE AND ANNUALLY UPDATE A CHILD
12 DAY-CARE CONSUMER GUIDE FOR EACH COUNTY OR OTHER DEFINED
13 GEOGRAPHICAL AREA OF THIS COMMONWEALTH.
14 (B) CONTENTS.--THE CHILD DAY-CARE CONSUMER GUIDE SHALL BE A
15 CONSUMER-ORIENTED COMPILATION OF THE FOLLOWING:
16 (1) A BRIEF DESCRIPTION OF THE TYPES OF REGULATED CHILD
17 DAY CARE IN THIS COMMONWEALTH.
18 (2) A COMPILATION OF PROVIDER PROFILES FOR THAT SPECIFIC
19 AREA.
20 (3) A GENERAL CHECKLIST OF RECOMMENDED QUESTIONS AND
21 ISSUES FOR PARENTS TO CONSIDER IN CHOOSING CHILD DAY-CARE
22 SERVICES.
23 (4) A TELEPHONE NUMBER BY WHICH CONSUMERS MAY INQUIRE
24 AND RECEIVE PROMPT PROVIDER SPECIFIC INFORMATION ON THE
25 HISTORY AND NATURE OF VIOLATIONS COMMITTED BY ANY PROVIDER OF
26 CHILD DAY-CARE SERVICES.
27 (5) ANY OTHER USEFUL CONSUMER-ORIENTED INFORMATION.
28 (C) REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE RULES AND
29 REGULATIONS TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
30 SECTION 707. INSPECTION OF FAMILY CHILD DAY-CARE HOMES.
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1 THE DEPARTMENT OR AUTHORIZED AGENT OF THE DEPARTMENT SHALL
2 HAVE THE RIGHT TO ENTER, VISIT AND INSPECT UPON COMPLAINT OR
3 UPON REQUEST OF THE CAREGIVER, ANY FAMILY CHILD DAY-CARE HOME
4 AND SHALL HAVE FREE AND FULL ACCESS TO THE PREMISES WHERE
5 CHILDREN ARE CARED FOR, ALL RECORDS OF THE PREMISES WHICH RELATE
6 TO THE CHILDREN'S CARE AND TO THE CHILDREN CARED FOR THEREIN AND
7 FULL OPPORTUNITY TO SPEAK WITH OR OBSERVE THE CHILDREN. THE
8 DEPARTMENT ANNUALLY SHALL INSPECT AT LEAST 25% OF ALL REGISTERED
9 FAMILY CHILD DAY-CARE HOMES.
10 Section 4 708. Application of act. <--
11 This act CHAPTER 3 shall apply to each facility on the date <--
12 of the next licensing or certification renewal of that facility
13 or one year, whichever is longer.
14 Section 5. Effective date. <--
15 This act shall take effect immediately.
16 SECTION 709. EFFECTIVE DATE. <--
17 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
18 (1) CHAPTER 5 SHALL TAKE EFFECT IN SIX MONTHS.
19 (2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
20 DAYS.
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