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                                                       PRINTER'S NO. 409

THE GENERAL ASSEMBLY OF PENNSYLVANIA


HOUSE BILL

No. 365 Session of 1997


        INTRODUCED BY GRUPPO, BLAUM, BAKER, SANTONI, BUNT, COY,
           B. SMITH, GODSHALL, SATHER, DENT, GANNON, HERMAN, ITKIN,
           DeLUCA, ALLEN, CIVERA, E. Z. TAYLOR, ARMSTRONG, BELARDI,
           HALUSKA, GEIST, KENNEY, CAPPABIANCA, ROONEY, STAIRS, TRICH,
           TRELLO, COLAFELLA, LAUGHLIN, THOMAS, SCRIMENTI, GEORGE,
           MANDERINO, SCHULER, OLASZ, BUXTON, C. WILLIAMS, COLAIZZO,
           STURLA, FAIRCHILD, ADOLPH, SAYLOR, EGOLF, STEELMAN, PLATTS,
           CORPORA, McCALL, L. I. COHEN, J. TAYLOR, DALEY, MILLER,
           SHANER, BROWN, MAITLAND, RAMOS, JAMES, PETRARCA AND
           D. W. SNYDER, FEBRUARY 10, 1997

        REFERRED TO COMMITTEE ON AGING AND YOUTH, FEBRUARY 10, 1997

                                     AN ACT

     1  Providing for the creation of a Statewide Child Day-Care
     2     Resource and Referral System in this Commonwealth; and
     3     imposing additional responsibilities upon the State Data
     4     Center and the Department of Public Welfare.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7  Section 1.  Short title.
     8     This act shall be known and may be cited as the Child Day-
     9  Care Resource and Referral Law.
    10  Section 2.  Legislative findings.
    11     The General Assembly finds and declares as follows:
    12         (1)  The demand for high quality, affordable, accessible
    13     child day care has increased dramatically in the last decade
    14     in correlation with a dramatic increase in the labor force
    15     participation rate of parents with young children.

     1         (2)  Approximately 200,000 children are currently in care
     2     through a variety of child day-care programs in this
     3     Commonwealth.
     4         (3)  A comprehensive, coordinated effort is needed to
     5     ensure that accurate, up-to-date child day-care information
     6     is readily available and easy to access.
     7         (4)  Local child day-care resource and referral services
     8     are beneficial to:
     9             (i)  working parents of all economic means by
    10         enabling them to make informed choices in selecting and
    11         purchasing the child day care that best meets their
    12         family's unique needs;
    13             (ii)  existing and prospective child day-care
    14         providers in their efforts to develop and maintain safe,
    15         high-quality child day-care services;
    16             (iii)  businesses by providing a comprehensive
    17         resource for them to use in responding to child day-care
    18         needs of their employees; and
    19             (iv)  the community-at-large by contributing directly
    20         to the health, safety and well-being of this
    21         Commonwealth's children and their families.
    22  Section 3.  Definitions.
    23     The following words and phrases when used in this act shall
    24  have the meanings given to them in this section unless the
    25  context clearly indicates otherwise:
    26     "Child day care."  Care in lieu of parental care, given for
    27  part of the 24-hour day to children under 16 years of age, away
    28  from their own homes. The term does not include child day care
    29  furnished in places of worship during religious services.
    30     "Child day-care resource and referral agency."  A public or
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     1  private nonprofit entity that performs functions related to
     2  child day-care resource and referral services. The term includes
     3  an association or a corporation.
     4     "Child day-care resource and referral services."  The term
     5  includes, but is not limited to, the following:
     6         (1)  The provision of updated information to the parents,
     7     employers and individuals in a community regarding the
     8     availability, cost and quality of child day-care services in
     9     a defined geographic area.
    10         (2)  Assistance to parents so they can make informed
    11     decisions regarding appropriate, affordable child day-care
    12     services for their children.
    13         (3)  Information to employers on programs designed to
    14     meet the child day-care needs of employees.
    15         (4)  Provision of start-up information to potential child
    16     day-care providers to increase the supply of providers.
    17  Section 4.  Provision of child day-care resource and referral
    18                 services.
    19     The department shall arrange for the availability of child
    20  day-care resource and referral services across this Commonwealth
    21  through contractual agreements with public or private entities
    22  that can fulfill the responsibilities of a child day-care
    23  resource and referral agency.
    24  Section 5.  Establishment of central child day-care data base.
    25     The department shall provide for the establishment and
    26  maintenance of a central child day-care data base. The
    27  department shall compile all information from child day-care
    28  resource and referral agencies with which it has a contractual
    29  agreement under section 4 and establish comprehensive, accurate
    30  and up-to-date reference base on child day care in this
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     1  Commonwealth shall be created. In accordance with the Executive
     2  Order 1988-8 and any subsequent orders issued pursuant thereto,
     3  the central child day-care data base shall be created by
     4  utilizing applied demographic analyses, creation of statistical
     5  maps and graphics and census geographic reference maps, as well
     6  as any other resources the department may have available. The
     7  department shall determine the nature and scope of all
     8  centralized child day-care data to be maintained pursuant to
     9  this act. Child day-care resource and referral agencies under
    10  contract with the department shall be provided at least annually
    11  and at no charge with information developed regarding child day
    12  care in their specific geographic areas. Each child day-care
    13  resource and referral agency under contract with the department
    14  shall maintain a comprehensive data base on child day-care
    15  supply and demand in the geographic area served by the agency.
    16  Section 6.  Resource and referral services offered.
    17     The department shall arrange for child day-care resource and
    18  referral services across this Commonwealth through contracts
    19  with child day-care resource and referral agencies, which shall
    20  provide, at a minimum, the following services:
    21         (1)  Identification of all State-approved child day-care
    22     providers in their specific geographic area and a profile of
    23     each provider to indicate the types of services they provide
    24     and the costs of such services.
    25         (2)  Maintenance of a regularly updated resource file
    26     that demonstrates supply and demand of services.
    27         (3)  Maintenance of a resource and referral service for
    28     child day-care users and assistance, if requested, in
    29     evaluating child day-care needs and appropriateness of types
    30     of child day care.
    19970H0365B0409                  - 4 -

     1         (4)  Establishment of a public education program to
     2     inform consumers and provide referral counseling about child
     3     day-care options, including information on types of child day
     4     care, availability, cost and standards, through such means as
     5     printed materials, telephone contacts, education sessions or
     6     workshops and resource libraries.
     7         (5)  Provision of information and technical assistance to
     8     providers and prospective providers, as requested. Types of
     9     information to be made available shall include, but not be
    10     limited to, information regarding career opportunities in the
    11     field, continuing education, training opportunities,
    12     accreditation programs, regulatory requirements, food
    13     programs and demographic information to determine the
    14     existence of markets for services and to help stimulate the
    15     supply of child day-care services needed in the area.
    16         (6)  Serve as a resource to employers who are trying to
    17     meet the child day-care needs of their employees.
    18         (7)  Collection and maintenance of data, as may be useful
    19     in State and local planning efforts, on the number and usage
    20     of different child day-care providers, the type, availability
    21     and cost of child day care in a particular geographic area
    22     and demographic information to determine whether the supply
    23     meets the demand for child day-care services in a given area.
    24         (8)  Provision of information to low-income parents about
    25     subsidized child day-care services receiving Federal and
    26     State funding and referral to a local entity responsible for
    27     administering the subsidized child day-care funds. The child
    28     day-care resource and referral agency shall also provide to
    29     parents receiving public assistance information about child
    30     day-care services that may be available through the county
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     1     assistance office pursuant to Title IV of the Social Security
     2     Act (Public Law 74-271, 42 U.S.C. § 601 et seq.). The child
     3     day-care resource and referral agency shall avoid duplicating
     4     services and shall develop procedures to streamline services
     5     for low-income parents needing child day-care services.
     6  Section 7.  Standard operating procedures.
     7     Local management agencies, as providers of child day-care
     8  resource and referral services shall:
     9         (1)  Conduct business during hours convenient to working
    10     parents, including some evening and weekend hours, if deemed
    11     necessary.
    12         (2)  Have the authority to establish a reasonable range
    13     of fees for services, with the approval of the department.
    14         (3)  Advertise their services. All recipients of services
    15     shall be informed of applicable fees prior to the provision
    16     of such services, as designated in this act.
    17         (4)  Tailor services provided for in this act to the
    18     geographically defined area in which they are located.
    19         (5)  Seek opportunities to provide educational and
    20     consumer awareness programs.
    21         (6)  Utilize, to the maximum extent, the most cost-
    22     effective means of providing child day-care resource and
    23     referral services in accordance with this act, including, but
    24     not limited to, public-private partnerships, where deemed
    25     appropriate, and contractual arrangements with existing
    26     providers of resource and referral services.
    27         (7)  Maintain confidentiality of records. Information
    28     contained in the records shall not be publicly disclosed in
    29     such a manner so as to identify individuals. Certain
    30     nonidentifying information may, however, be collected in
    19970H0365B0409                  - 6 -

     1     aggregate form for the purposes of data collection.
     2         (8)  Report to the department on a regular basis
     3     information regarding:
     4             (i)  The number of parents and children served.
     5             (ii)  The extent of assistance given to providers,
     6         parents, businesses and others.
     7             (iii)  Fees charged for resource and referral
     8         services provided for in this act.
     9             (iv)  The impact of the resource and referral
    10         services on quality and availability of child day care in
    11         their particular geographically defined area.
    12             (v)  Any recommendations that may contribute to the
    13         improvement of the provision of child day-care resource
    14         and referral services.
    15  Section 8.  Annual report.
    16     The department shall submit an annual report to the General
    17  Assembly which shall reflect the information collected by the
    18  child day-care resource and referral agencies designated by the
    19  department. The report shall describe how the child day-care
    20  resource and referral agencies further the department's goal to
    21  improve the quality, availability and affordability of child
    22  day-care services. This report shall also include any
    23  recommendations of the department for improvements to the
    24  Statewide resource and referral system, as well as the
    25  availability of private, corporate and government funding for
    26  resource and referral services.
    27  Section 9.  Regulations.
    28     The department shall, in the manner provided by law,
    29  promulgate the rules and regulations necessary to establish
    30  child day-care resource and referral services to be offered in
    19970H0365B0409                  - 7 -

     1  accordance with this act.
     2  Section 10.  Resource and referral services implementation.
     3     The department shall establish a three-year implementation
     4  schedule for phasing in child day-care resource and referral
     5  services throughout this Commonwealth.
     6  Section 11.  Effective date.
     7     This act shall take effect in 60 days.
















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