PRINTER'S NO. 562
No. 519 Session of 2001
INTRODUCED BY C. WILLIAMS, GODSHALL, GRUITZA, BEBKO-JONES,
BISHOP, BROWNE, BUNT, BUXTON, CALTAGIRONE, COY, CRUZ, CURRY,
DALEY, EACHUS, GEORGE, GRUCELA, HARHAI, HERMAN, HORSEY,
LAUGHLIN, LUCYK, MANDERINO, MAYERNIK, McCALL, MELIO, MUNDY,
ORIE, PETRARCA, READSHAW, ROEBUCK, RUBLEY, RUFFING, SAINATO,
SAMUELSON, SAYLOR, SOLOBAY, STABACK, STURLA, TIGUE,
TRAVAGLIO, TRELLO, TRICH, WATSON AND WALKO, FEBRUARY 7, 2001
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 7, 2001
AN ACT
1 Providing for production of child day-care certification and
2 licensing documents; requiring child day-care personnel to
3 provide criminal and child abuse history information; and
4 conferring powers and duties on the Department of Public
5 Welfare.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Short title.
9 This act shall be known and may be cited as the Child Day-
10 Care Background Check Act.
11 Section 2. Definitions.
12 The following words and phrases when used in this act shall
13 have the meanings given to them in this section unless the
14 context clearly indicates otherwise:
15 "Child day care." Care in lieu of parental care given for
16 part of a 24-hour day to a child under 16 years of age away from
17 the child's home. The term does not include care in lieu of
1 parental care given to a child under 16 years of age in a place
2 of worship during religious services.
3 "Department." The Department of Public Welfare of the
4 Commonwealth.
5 "Family day-care home." A home in which day care is provided
6 at any one time to four, five or six children who are not
7 relatives of the provider of the child day care and which is
8 registered under the act of June 13, 1967 (P.L.31, No.21), known
9 as the Public Welfare Code.
10 Section 3. Request for production of documents.
11 During any and all inspections, or investigations of any
12 complaint, of any person or facility that provides any type of
13 child day care, the individual or individuals required to
14 conduct the inspection or investigation shall specifically
15 request production of any and all documents pertaining to child
16 day-care certification or licensing or any other documentation
17 that have been issued by any Federal, State or local government
18 entity to the child day-care provider.
19 Section 4. Family day-care homes.
20 (a) Criminal and child abuse history information.--In
21 addition to the requirements of 23 Pa.C.S. § 6344 (relating to
22 information relating to prospective child-care personnel), an
23 individual who applies to the department for a registration
24 certificate to operate a family day-care home shall include
25 criminal and child abuse reports required by 23 Pa.C.S. §
26 6344(b) for every individual 18 years of age or older who
27 resides in the home for at least 30 days in a calendar year.
28 (b) Nonissuance, nonrenewal or revocation of registration.--
29 The department shall refuse to issue or renew a registration
30 certificate or shall revoke a registration certificate if the
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1 family day-care home provider, an employee of the provider or
2 individual 18 years of age or older who has resided in the home
3 for 30 days in a calendar year:
4 (1) Is named in the Statewide central register of child
5 abuse established under 23 Pa.C.S. Ch. 63 (relating to child
6 protective services) as the perpetrator of a founded report
7 of child abuse committed within the immediately preceding
8 five-year period.
9 (2) Is named as the perpetrator of a founded report for
10 a school employee, as defined in 23 Pa.C.S. § 6303 (relating
11 to definitions), committed within the immediately preceding
12 five-year period.
13 (3) Has been convicted of an offense set forth in 23
14 Pa.C.S. § 6344(c).
15 Section 5. Other child-care personnel.
16 (a) Criminal and child abuse history information.--The
17 department shall require to be submitted to the department
18 criminal and child abuse history information as set forth in 23
19 Pa.C.S. § 6344(b) (relating to information relating to
20 prospective child-care personnel) for the following individuals:
21 (1) Any individual who directly provides child day-care
22 services which are subsidized by Federal or Commonwealth
23 funds but who is not otherwise subject to approval,
24 supervision or licensure under Article IX or X of the act of
25 June 13, 1967 (P.L.31, No.21), known as the Public Welfare
26 Code.
27 (2) Any individual 18 years of age or older who resides
28 in the home of an individual under paragraph (1) for at least
29 30 days in a calendar year.
30 (b) Use of funds.--The department shall refuse to authorize
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1 the use of Federal or Commonwealth funds to individuals who are
2 not otherwise required to be licensed or registered by the
3 department to provide child day-care services if the department
4 finds that an individual listed in subsection (a)(1) or (2):
5 (1) Is named in the Statewide central register of child
6 abuse as the perpetrator of a founded report of child abuse
7 committed within the immediately preceding five-year period.
8 (2) Is named as the perpetrator of a founded report for
9 school employee, as defined in 23 Pa.C.S. § 6303 (relating to
10 definitions), committed within the immediately preceding
11 five-year period.
12 (3) Has been convicted of an offense set forth in 23
13 Pa.C.S. § 6344(c).
14 (c) Exception and parental waiver.--In cases where a
15 grandparent directly provides child day-care services to the
16 grandparent's grandchild, the department shall waive the
17 requirements of subsection (a) for submittal of criminal and
18 child abuse history information for the grandparent and that
19 grandparent's spouse, if the child's parent or guardian signs a
20 waiver form established by the department.
21 Section 6. Effective date.
22 This act shall take effect as follows:
23 (1) Section 3 and this section shall take effect
24 immediately.
25 (2) The remainder of this act shall take effect in 60
26 days.
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