THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY PICCOLA, KASUNIC AND O'PAKE, JANUARY 20, 2009

REFERRED TO PUBLIC HEALTH AND WELFARE, JANUARY 20, 2009  

AN ACT

Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An

act to consolidate, editorially revise, and codify the public

welfare laws of the Commonwealth," further providing for

application for registration certificate, for issuance of

registration certificate and for records; providing for

disclosure; and further providing for emergency closure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1072, 1073 and 1075 of the act of June

13, 1967 (P.L.31, No.21), known as the Public Welfare Code,

added December 5, 1980 (P.L.1112, No.193), are amended to read:

Section 1072.  Application for Registration Certificate.--

(a)  Any individual desiring to secure a registration

certificate shall submit an application therefor to the

department upon forms prepared and furnished by the department,

and, at the same time, shall certify in writing that he/she and

the facility named in the application are in compliance with

applicable department regulations. Applicants shall also provide

proof of a current general liability insurance policy that

covers all persons who are on the premises.

(b)  Application for renewal of the registration certificate

shall be made every two years in the same manner as application

for the original registration certificate.

(c)  No application fee shall be required to register a

family day care home.

Section 1073.  Issuance of Registration Certificate.--Upon

receipt of an application, proof of current liability insurance 

and the applicant's written certification of compliance with

applicable department regulations, the department shall issue a

registration certificate to the applicant for the premises named

in the application. A registration certificate shall be issued

for a period of two years.

Section 1075.  Records.--Every individual who operates a

family day care home registered under this article shall keep

and maintain such records as required by the department. The

facility's current registration certificate, a copy of the

applicable department regulations, a copy of the facility's

inspection summary and any other record required by the

department shall be posted in a conspicuous location used by

parents. A current copy of the family day care home's insurance

policy shall be on file at the facility.

Section 2.  The act is amended by adding a section to read:

Section 1075.1.  Disclosure.--At the time of the child's

application, the facility operator shall review with the parent

or other responsible person the facility's registration

certificate, inspection summary, insurance policy, emergency

plan, general daily schedule, hours in which care is provided,

fees, responsibilities for meals, clothing, health policies,

supervision policies, night care policies, dismissal policies,

transportation, pickup arrangements and any other policy as

required by the department. Upon enrollment, the parent shall

sign an agreement with the facility operator and provide

emergency contact information as required by the department. The

facility operator shall also give the child's parent or other

responsible person a written form prescribed by the department

containing the following information:

(1)  instructions for obtaining information about the

facility's registration history and compliance history; and

(2)  instructions for contacting the department to file a

complaint or make inquiries regarding the facility.

Section 3.  Section 1080 of the act, added December 5, 1980

(P.L.1112, No.193), is amended to read:

Section 1080.  Emergency Closure.--If the department, or

authorized agent of the department observes a condition at a

family day care home which places the children cared for therein

in immediate life-threatening danger, the department shall

maintain an action in the name of the Commonwealth for an

injunction or other process restraining or prohibiting the

operation of the facility. If the department finds evidence of

gross incompetence, negligence, misconduct in operating the

family day care home or mistreatment or abuse of children likely

to constitute an immediate and serious danger to the life or

health of the children, the department shall take immediate

action to close the facility and remove the children from the

family day care home. If physical obstruction is offered to

prevent removal of the children, the department shall request

law enforcement authorities to assist in the closure of the

facility and removal of the children. The department shall

inform the parent or other person responsible for each child

present at the family day care home of the emergency closure and

removal. Department staff shall remain at the family day care

home until each child is picked up by his or her parent or taken

to another safe location.

Section 4.  This act shall take effect in 120 days.