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| PRIOR PRINTER'S NO. 44 | PRINTER'S NO. 758 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, KASUNIC AND O'PAKE, JANUARY 20, 2009 |
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| SENATOR ERICKSON, PUBLIC HEALTH AND WELFARE, AS AMENDED, |
| MARCH 25, 2009 |
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| AN ACT |
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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 providing for |
4 | application for registration certificate, for issuance of |
5 | registration certificate and for records; providing for |
6 | disclosure; and further providing for emergency closure. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 1072, 1073 and 1075 of the act of June |
10 | 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, |
11 | added December 5, 1980 (P.L.1112, No.193), are amended to read: |
12 | Section 1072. Application for Registration Certificate.-- |
13 | (a) Any individual desiring to secure a registration |
14 | certificate shall submit an application therefor to the |
15 | department upon forms prepared and furnished by the department, |
16 | and, at the same time, shall certify in writing that he/she and |
17 | the facility named in the application are in compliance with |
18 | applicable department regulations. Applicants shall also provide |
19 | proof of a current general liability insurance policy that |
20 | covers all persons who are on the premises. |
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1 | (b) Application for renewal of the registration certificate |
2 | shall be made every two years in the same manner as application |
3 | for the original registration certificate. |
4 | (c) No application fee shall be required to register a |
5 | family day care home. |
6 | Section 1073. Issuance of Registration Certificate.--Upon |
7 | receipt of an application, proof of current liability insurance |
8 | and the applicant's written certification of compliance with |
9 | applicable department regulations, the department shall issue a |
10 | registration certificate to the applicant for the premises named |
11 | in the application. A registration certificate shall be issued |
12 | for a period of two years. |
13 | Section 1075. Records.--Every individual who operates a |
14 | family day care home registered under this article shall keep |
15 | and maintain such records as required by the department. The |
16 | facility's current registration certificate, a copy of the |
17 | applicable department regulations, a copy of the facility's |
18 | inspection summary and any other record required by the |
19 | department shall be posted in a conspicuous location used by |
20 | parents. A current copy of the family day care home's insurance |
21 | policy shall be on file at the facility. |
22 | Section 2. The act is amended by adding a section to read: |
23 | Section 1075.1. Disclosure.--At the time of the child's |
24 | application, the facility operator shall review with the parent |
25 | or other responsible person the facility's registration |
26 | certificate, inspection summary, insurance policy, emergency |
27 | plan, general daily schedule, hours in which care is provided, |
28 | fees, responsibilities for meals, clothing, health policies, |
29 | supervision policies, night care policies, dismissal policies, |
30 | transportation, pickup arrangements and any other policy as |
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1 | required by the department. Upon enrollment, the parent shall | <-- |
2 | sign an agreement with the facility operator and provide |
3 | facility operator shall execute a written agreement signed by | <-- |
4 | the child's parent or other responsible person and the operator |
5 | that addresses the terms required by the department. The |
6 | facility operator shall maintain emergency contact information |
7 | as required by the department. The facility operator shall also |
8 | give the child's parent or other responsible person a written |
9 | form prescribed by the department containing the following |
10 | information: |
11 | (1) instructions for obtaining information about the |
12 | facility's registration history and compliance history; and |
13 | (2) instructions for contacting the department to file a |
14 | complaint or make inquiries regarding the facility. |
15 | Section 3. Section 1080 of the act, added December 5, 1980 |
16 | (P.L.1112, No.193), is amended to read: |
17 | Section 1080. Emergency Closure.--If the department, or |
18 | authorized agent of the department observes a condition at a |
19 | family day care home which places the children cared for therein |
20 | in immediate life-threatening danger, the department shall |
21 | maintain an action in the name of the Commonwealth for an |
22 | injunction or other process restraining or prohibiting the |
23 | operation of the facility. If the department finds evidence of |
24 | gross incompetence, negligence, misconduct in operating the |
25 | family day care home or mistreatment or abuse of children likely |
26 | to constitute an immediate and serious danger to the life or |
27 | health of the children, the department shall take immediate |
28 | action to close the facility and remove the children from the |
29 | family day care home. If physical obstruction is offered to |
30 | prevent removal of the children, the department shall request |
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1 | law enforcement authorities to assist in the closure of the |
2 | facility and removal of the children. The department shall |
3 | inform the parent or other person responsible for each child |
4 | present at the family day care home of the emergency closure and |
5 | removal. Department staff shall remain at the family day care |
6 | home until each child is picked up by his or her parent or taken |
7 | to another safe location. |
8 | Section 4. This act shall take effect in 120 days. |
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