PRINTER'S NO. 84
No. 30 Session of 2001
INTRODUCED BY DENT, HELFRICK, STOUT, COSTA AND CORMAN,
JANUARY 23, 2001
REFERRED TO AGING AND YOUTH, JANUARY 23, 2001
AN ACT
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 defining
4 "facility"; defining "group child day care home"; and further
5 providing for fees and for regulations of the Department of
6 Public Welfare.
7 The General Assembly finds and declares as follows:
8 (1) That home-based child day care, care provided in
9 family child day-care homes and group child day-care homes
10 comprise a significant segment of regulated child day care in
11 use in this Commonwealth. Further, it is found that many
12 parents choose home-based child day care for their children
13 due to the in-home, noninstitutional environment within which
14 their child is cared for.
15 (2) That it is in the best interest of the general
16 public to ensure that home-based child day care will continue
17 to be available and that any policies or regulations of this
18 Commonwealth that may severely limit parental choice by
19 reducing the amount of home-based child day care will be
1 contrary to the intent of the General Assembly.
2 The General Assembly of the Commonwealth of Pennsylvania
3 hereby enacts as follows:
4 Section 1. The definition of "facility" in section 1001 of
5 the act of June 13, 1967 (P.L.31, No.21), known as the Public
6 Welfare Code, amended December 21, 1988 (P.L.1883, No.185), is
7 amended and the section is amended by adding a definition to
8 read:
9 Section 1001. Definitions.--As used in this article--
10 * * *
11 "Facility" means an adult day care center, child day care
12 center, family day care home, group child day care home,
13 boarding home for children, mental health establishment,
14 personal care home, nursing home, hospital or maternity home, as
15 defined herein, and shall not include those operated by the
16 State or Federal governments or those supervised by the
17 department.
18 "Group child day care home" means any home in which:
19 (1) the operator resides; and
20 (2) child day care is provided at one time for more than six
21 but fewer than sixteen older school-age level children who are
22 unrelated to the operator or for more than six but fewer than
23 thirteen children of another age level who are unrelated to the
24 operator.
25 * * *
26 Section 2. Section 1006 of the act, amended December 21,
27 1988 (P.L.1883, No.185), is amended to read:
28 Section 1006. Fees.--Annual licenses shall be issued when
29 the proper fee, if required, is received by the department and
30 all the other conditions prescribed in this act are met. For
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1 personal care homes, the fee shall be an application fee. The
2 fees shall be:
3 Facility Annual Fee
4 Adult day care center $ 15
5 Mental health establishment 50
6 Personal care home-- 0 - 20 beds 15
7 -- 21 - 50 beds 20
8 -- 51 - 100 beds 30
9 --101 beds and above 50
10 No fee shall be required for the annual license in the case
11 of child day care centers, family day care homes, group child
12 day care homes, boarding homes for children or for public or
13 nonprofit mental institutions.
14 Section 3. Section 1021 of the act is amended to read:
15 Section 1021. Regulations.--(a) The department is hereby
16 authorized and empowered to adopt regulations establishing
17 minimum standards for building, equipment, operation, care,
18 program and services and for the issuance of licenses.
19 (b) Regulations pertaining to group child day care homes
20 shall establish the minimum and reasonable standards of safety
21 and care which shall be required in group child day care homes;
22 shall ensure that care is provided in an in-home, non-
23 institutional environment; and shall recognize the primary goal
24 of ensuring the health, safety and well-being of the children in
25 care and the vital role which parents and guardians play in
26 monitoring the care provided in group child day care homes.
27 Section 4. Section 1076 of the act, added December 5, 1980
28 (P.L.1112, No.193), is amended to read:
29 Section 1076. Regulations.--The department is hereby
30 authorized and empowered to adopt regulations establishing
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1 minimum and reasonable standards for the operation of family day
2 care homes and the issuance of registration certificates. These
3 regulations will establish the minimum standards of safety and
4 care which will be required in family day care homes; will
5 ensure that care is provided in an in-home, non-institutional
6 environment; and will recognize the primary goal of ensuring the
7 health, safety and well-being of the children in care and the
8 vital role which parents and guardians play in monitoring the
9 care provided in family day care homes.
10 Section 5. This act shall take effect in 60 days.
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