PRIOR PRINTER'S NO. 29 PRINTER'S NO. 1920
No. 19 Session of 2003
INTRODUCED BY GODSHALL, BEBKO-JONES, BIRMELIN, BISHOP, BROWNE,
CREIGHTON, CRUZ, J. EVANS, FICHTER, GILLESPIE, HENNESSEY,
HERMAN, HERSHEY, HORSEY, KELLER, LEACH, MANDERINO, MELIO,
S. MILLER, MUNDY, NICKOL, PAYNE, PRESTON, ROSS, RUBLEY,
SANTONI, SATHER, SCHRODER, SOLOBAY, STERN, STURLA,
E. Z. TAYLOR, TIGUE, WALKO, WATSON, WILT, WRIGHT, YUDICHAK,
PETRI, PALLONE, HARHAI, FREEMAN, DONATUCCI, CRAHALLA,
WASHINGTON, SAMUELSON, CURRY AND DeWEESE, JANUARY 29, 2003
AS AMENDED ON THIRD CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 3, 2003
AN ACT
1 Providing FOR A STATEWIDE CHILD DAY-CARE RESOURCE AND REFERRAL <--
2 SYSTEM, for unannounced inspections of AND LIABILITY <--
3 INSURANCE FOR certain facilities and persons that provide
4 child day care AND FOR DANGEROUS CHILD DAY-CARE FACILITIES; <--
5 REQUIRING CRIMINAL HISTORY RECORD AND CHILD ABUSE RECORD
6 INFORMATION FOR CERTAIN PERSONS WHO RESIDE IN FAMILY DAY-CARE
7 HOMES; and conferring powers and duties on the Department of <--
8 Public Welfare AND LAW ENFORCEMENT AGENCIES; AND PROVIDING <--
9 FOR INFORMATION ON PROSPECTIVE CHILD-CARE PERSONNEL.
10 The General Assembly of the Commonwealth of Pennsylvania
11 hereby enacts as follows:
12 Section 1. Short title. <--
13 This act shall be known and may be cited as the Unannounced
14 Inspection of Child Day-Care Facilities Act.
15 CHAPTER 1 <--
16 PRELIMINARY PROVISIONS
17 SECTION 101. SHORT TITLE.
18 THIS ACT SHALL BE KNOWN AND MAY BE CITED AS THE CHILD DAY-
1 CARE FACILITIES AND RESOURCES AND THE DANGEROUS CHILD DAY-CARE
2 FACILITIES ACT.
3 SECTION 102. LEGISLATIVE FINDINGS.
4 THE GENERAL ASSEMBLY FINDS AND DECLARES AS FOLLOWS:
5 (1) THE DEMAND FOR HIGH QUALITY, AFFORDABLE, ACCESSIBLE
6 CHILD DAY CARE HAS INCREASED DRAMATICALLY IN THE LAST DECADE
7 IN CORRELATION WITH A DRAMATIC INCREASE IN THE LABOR FORCE
8 PARTICIPATION RATE OF PARENTS WITH YOUNG CHILDREN.
9 (2) ACCORDING TO THE UNITED STATES CENSUS, IN THE DECADE
10 FROM 1990 TO 2000, THE RATE OF FAMILIES IN WHICH ALL PARENTS
11 IN THE HOUSEHOLD WORK ROSE TO 62%, A 10% INCREASE OVER THE
12 DECADE. IN THIS COMMONWEALTH, ABOUT TWO-THIRDS OF MOTHERS
13 WITH CHILDREN UNDER THE AGE OF SIX ARE IN THE WORK FORCE,
14 COMPARED TO 25% IN 1970.
15 (3) THERE ARE MORE THAN 884,000 CHILDREN UNDER THE AGE
16 OF SIX LIVING IN THIS COMMONWEALTH, AND A MAJORITY OF THESE
17 CHILDREN SPEND ON AVERAGE 27 HOURS A WEEK IN SOME FORM OF
18 CHILD DAY CARE.
19 (4) AS OF JANUARY 2001, CLOSE TO 300,000 CHILDREN WERE
20 SERVED IN REGULATED CHILD CARE SETTINGS IN THIS COMMONWEALTH.
21 (5) A COMPREHENSIVE, COORDINATED EFFORT IS NEEDED TO
22 ENSURE THAT ACCURATE, UP-TO-DATE CHILD DAY-CARE INFORMATION
23 IS READILY AVAILABLE AND EASY TO ACCESS.
24 (6) LOCAL CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES
25 ARE BENEFICIAL TO:
26 (I) WORKING PARENTS OF ALL ECONOMIC MEANS BY
27 ENABLING THEM TO MAKE INFORMED CHOICES IN SELECTING AND
28 PURCHASING THE CHILD DAY CARE THAT BEST MEETS THEIR
29 FAMILY'S UNIQUE NEEDS;
30 (II) EXISTING AND PROSPECTIVE CHILD DAY-CARE
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1 PROVIDERS IN THEIR EFFORTS TO DEVELOP AND MAINTAIN SAFE,
2 HIGH-QUALITY CHILD DAY-CARE SERVICES;
3 (III) BUSINESSES BY PROVIDING THEM WITH INFORMATION
4 TO USE IN RESPONDING TO CHILD DAY-CARE NEEDS OF THEIR
5 EMPLOYEES; AND
6 (IV) THE COMMUNITY-AT-LARGE BY CONTRIBUTING DIRECTLY
7 TO THE HEALTH, SAFETY AND WELL-BEING OF THIS
8 COMMONWEALTH'S CHILDREN AND THEIR FAMILIES.
9 Section 2 103. Definitions. <--
10 The following words and phrases when used in this act shall
11 have the meanings given to them in this section unless the
12 context clearly indicates otherwise:
13 "Child day care." Care in lieu of parental care given for
14 part of a 24-hour day to a child under 16 years of age away from
15 the child's home. The term does not include care in lieu of
16 parental care given to a child under 16 years of age in a place
17 of worship during religious services.
18 "Child day-care center." Any premises in which child day
19 care is provided simultaneously for seven or more children who
20 are not relatives of the provider, regardless of which article
21 of the act of June 13, 1967 (P.L.31, No.21), known as the Public
22 Welfare Code, applies to it.
23 "CHILD DAY-CARE RESOURCE AND REFERRAL AGENCY." A PUBLIC OR <--
24 PRIVATE NONPROFIT ENTITY THAT PERFORMS FUNCTIONS RELATED TO
25 CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES. THE TERM INCLUDES
26 AN ASSOCIATION OR A CORPORATION.
27 "CHILD DAY-CARE RESOURCE AND REFERRAL SERVICES." THE TERM
28 INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING:
29 (1) THE PROVISION OF UPDATED INFORMATION TO THE PARENTS,
30 EMPLOYERS AND INDIVIDUALS IN A COMMUNITY REGARDING THE
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1 AVAILABILITY, COST AND QUALITY OF CHILD DAY-CARE SERVICES IN
2 A DEFINED GEOGRAPHIC AREA.
3 (2) ASSISTANCE TO PARENTS SO THEY CAN MAKE INFORMED
4 DECISIONS REGARDING APPROPRIATE, AFFORDABLE CHILD DAY-CARE
5 SERVICES FOR THEIR CHILDREN.
6 (3) INFORMATION TO EMPLOYERS ON PROGRAMS DESIGNED TO
7 MEET THE CHILD DAY-CARE NEEDS OF EMPLOYEES.
8 (4) PROVISION OF START-UP INFORMATION TO POTENTIAL CHILD
9 DAY-CARE PROVIDERS TO INCREASE THE SUPPLY OF PROVIDERS.
10 "Department." The Department of Public Welfare of the
11 Commonwealth.
12 "Facility." Any of the following:
13 (1) Child day-care center.
14 (2) Family day-care home.
15 "Family day-care home." A home in which child day care is
16 provided at any one time to four, five or six children who are
17 not relatives of the provider of the child day care and which is
18 required to be registered under the act of June 13, 1967
19 (P.L.31, No.21), known as the Public Welfare Code.
20 "FOUNDED REPORT." AS DEFINED IN 23 PA.C.S. § 6303(A) <--
21 (RELATING TO DEFINITIONS).
22 "FOUNDED REPORT FOR SCHOOL EMPLOYEE." AS DEFINED IN 23
23 PA.C.S. § 6303(A) (RELATING TO DEFINITIONS).
24 "INDICATED REPORT." AS DEFINED IN 23 PA.C.S. § 6303(A)
25 (RELATING TO DEFINITIONS).
26 "INDICATED REPORT FOR SCHOOL EMPLOYEE." AS DEFINED IN 23
27 PA.C.S. § 6303(A) (RELATING TO DEFINITIONS).
28 CHAPTER 3
29 RESOURCE AND REFERRAL
30 SECTION 301. RESOURCE AND REFERRAL SERVICES.
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1 THE DEPARTMENT SHALL ARRANGE FOR CHILD DAY-CARE RESOURCE AND
2 REFERRAL SERVICES ACROSS THIS COMMONWEALTH THROUGH CONTRACTS
3 WITH PUBLIC OR PRIVATE ENTITIES THAT CAN FULFILL THE
4 RESPONSIBILITY OF A CHILD DAY-CARE RESOURCE AND REFERRAL AGENCY,
5 WHICH SHALL PROVIDE, AT A MINIMUM, THE FOLLOWING SERVICES:
6 (1) IDENTIFICATION OF ALL STATE-APPROVED CHILD DAY-CARE
7 PROVIDERS IN THEIR SPECIFIC GEOGRAPHIC AREA AND A PROFILE OF
8 EACH PROVIDER TO INDICATE THE TYPES OF SERVICES THEY PROVIDE
9 AND THE COSTS OF SUCH SERVICES.
10 (2) MAINTENANCE OF A REGULARLY UPDATED RESOURCE FILE
11 THAT DEMONSTRATES SUPPLY AND DEMAND OF SERVICES.
12 (3) MAINTENANCE OF A RESOURCE AND REFERRAL SERVICE FOR
13 CHILD DAY-CARE USERS AND ASSISTANCE, IF REQUESTED, IN
14 EVALUATING CHILD DAY-CARE NEEDS AND APPROPRIATENESS OF TYPES
15 OF CHILD DAY CARE.
16 (4) ESTABLISHMENT OF A PUBLIC EDUCATION PROGRAM TO
17 INFORM CONSUMERS AND PROVIDE REFERRAL COUNSELING ABOUT CHILD
18 DAY-CARE OPTIONS, INCLUDING INFORMATION ON TYPES OF CHILD DAY
19 CARE, AVAILABILITY, COST AND STANDARDS, THROUGH SUCH MEANS AS
20 PRINTED MATERIALS, TELEPHONE CONTACTS, EDUCATION SESSIONS OR
21 WORKSHOPS AND RESOURCE LIBRARIES.
22 (5) PROVISION OF INFORMATION AND TECHNICAL ASSISTANCE TO
23 PROVIDERS AND PROSPECTIVE PROVIDERS, AS REQUESTED. TYPES OF
24 INFORMATION TO BE MADE AVAILABLE SHALL INCLUDE, BUT NOT BE
25 LIMITED TO, INFORMATION REGARDING CAREER OPPORTUNITIES IN THE
26 FIELD, CONTINUING EDUCATION, TRAINING OPPORTUNITIES,
27 ACCREDITATION PROGRAMS, REGULATORY REQUIREMENTS, FOOD
28 PROGRAMS AND DEMOGRAPHIC INFORMATION TO DETERMINE THE
29 EXISTENCE OF MARKETS FOR SERVICES AND TO HELP STIMULATE THE
30 SUPPLY OF CHILD DAY-CARE SERVICES NEEDED IN THE AREA.
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1 (6) PROVISION OF INFORMATION TO EMPLOYERS WHO ARE TRYING
2 TO MEET THE CHILD DAY-CARE NEEDS OF THEIR EMPLOYEES.
3 (7) COLLECTION AND MAINTENANCE OF DATA, AS MAY BE USEFUL
4 IN STATE AND LOCAL PLANNING EFFORTS, ON THE NUMBER AND USAGE
5 OF DIFFERENT CHILD DAY-CARE PROVIDERS, THE TYPE, AVAILABILITY
6 AND COST OF CHILD DAY CARE IN A PARTICULAR GEOGRAPHIC AREA
7 AND DEMOGRAPHIC INFORMATION TO DETERMINE WHETHER THE SUPPLY
8 MEETS THE DEMAND FOR CHILD DAY-CARE SERVICES IN A GIVEN AREA.
9 (8) PROVISION OF INFORMATION TO LOW-INCOME PARENTS ABOUT
10 CHILD DAY-CARE SERVICES FOR WHICH THEY MAY BE ELIGIBLE AND
11 REFERRAL TO A LOCAL ENTITY RESPONSIBLE FOR ADMINISTERING
12 FEDERAL AND STATE CHILD DAY-CARE FUNDS. THE CHILD DAY-CARE
13 RESOURCE AND REFERRAL AGENCY SHALL ALSO PROVIDE TO PARENTS
14 RECEIVING PUBLIC ASSISTANCE INFORMATION ABOUT CHILD DAY-CARE
15 SERVICES FOR WHICH THEY MAY BE ELIGIBLE, AND HOW THEY CAN
16 ACCESS THOSE FUNDS. THE CHILD DAY-CARE RESOURCE AND REFERRAL
17 AGENCY SHALL AVOID DUPLICATING SERVICES AND SHALL DEVELOP
18 PROCEDURES TO STREAMLINE SERVICES FOR ALL LOW-INCOME PARENTS
19 NEEDING CHILD DAY-CARE SERVICES.
20 SECTION 302. STANDARD OPERATING PROCEDURES.
21 CHILD DAY-CARE RESOURCE AND REFERRAL AGENCIES SHALL:
22 (1) CONDUCT BUSINESS DURING HOURS CONVENIENT TO WORKING
23 PARENTS, INCLUDING SOME EVENING AND WEEKEND HOURS, IF DEEMED
24 NECESSARY.
25 (2) HAVE THE AUTHORITY TO ESTABLISH A REASONABLE RANGE
26 OF FEES FOR SERVICES, WITH THE APPROVAL OF THE DEPARTMENT.
27 (3) ADVERTISE THEIR SERVICES. ALL RECIPIENTS OF SERVICES
28 SHALL BE INFORMED OF APPLICABLE FEES PRIOR TO THE PROVISION
29 OF SUCH SERVICES, AS DESIGNATED IN THIS CHAPTER.
30 (4) TAILOR SERVICES PROVIDED FOR IN THIS CHAPTER TO THE
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1 GEOGRAPHICALLY DEFINED AREA IN WHICH THEY ARE LOCATED.
2 (5) SEEK OPPORTUNITIES TO PROVIDE EDUCATIONAL AND
3 CONSUMER AWARENESS PROGRAMS.
4 (6) UTILIZE, TO THE MAXIMUM EXTENT, THE MOST COST-
5 EFFECTIVE MEANS OF PROVIDING CHILD DAY-CARE RESOURCE AND
6 REFERRAL SERVICES IN ACCORDANCE WITH THIS CHAPTER, INCLUDING,
7 BUT NOT LIMITED TO, PUBLIC-PRIVATE PARTNERSHIPS, WHERE DEEMED
8 APPROPRIATE, AND CONTRACTUAL ARRANGEMENTS WITH EXISTING
9 PROVIDERS OF RESOURCE AND REFERRAL SERVICES.
10 (7) MAINTAIN CONFIDENTIALITY OF RECORDS. INFORMATION
11 CONTAINED IN THE RECORDS SHALL NOT BE PUBLICLY DISCLOSED IN
12 SUCH A MANNER SO AS TO IDENTIFY INDIVIDUALS. CERTAIN
13 NONIDENTIFYING INFORMATION MAY, HOWEVER, BE COLLECTED IN
14 AGGREGATE FORM FOR THE PURPOSES OF DATA COLLECTION.
15 (8) REPORT TO THE DEPARTMENT ON A REGULAR BASIS
16 INFORMATION REGARDING:
17 (I) THE NUMBER OF PARENTS AND CHILDREN SERVED.
18 (II) THE EXTENT OF ASSISTANCE GIVEN TO PROVIDERS,
19 PARENTS, BUSINESSES AND OTHERS.
20 (III) FEES CHARGED FOR RESOURCE AND REFERRAL
21 SERVICES PROVIDED FOR IN THIS CHAPTER.
22 (IV) THE IMPACT OF THE RESOURCE AND REFERRAL
23 SERVICES ON QUALITY AND AVAILABILITY OF CHILD DAY CARE IN
24 THEIR PARTICULAR GEOGRAPHICALLY DEFINED AREA.
25 (V) ANY RECOMMENDATIONS THAT MAY CONTRIBUTE TO THE
26 IMPROVEMENT OF THE PROVISION OF CHILD DAY-CARE RESOURCE
27 AND REFERRAL SERVICES.
28 SECTION 303. ANNUAL REPORT.
29 THE DEPARTMENT SHALL SUBMIT AN ANNUAL REPORT TO THE GENERAL
30 ASSEMBLY WHICH SHALL REFLECT THE INFORMATION COLLECTED BY THE
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1 CHILD DAY-CARE RESOURCE AND REFERRAL AGENCIES DESIGNATED BY THE
2 DEPARTMENT. THE REPORT SHALL DESCRIBE HOW THE CHILD DAY-CARE
3 RESOURCE AND REFERRAL AGENCIES FURTHER THE DEPARTMENT'S GOAL TO
4 IMPROVE THE QUALITY, AVAILABILITY AND AFFORDABILITY OF CHILD
5 DAY-CARE SERVICES. THIS REPORT SHALL ALSO INCLUDE ANY
6 RECOMMENDATIONS OF THE DEPARTMENT FOR IMPROVEMENTS TO THE
7 STATEWIDE RESOURCE AND REFERRAL SYSTEM, AS WELL AS THE
8 AVAILABILITY OF PRIVATE, CORPORATE AND GOVERNMENT FUNDING FOR
9 RESOURCE AND REFERRAL SERVICES.
10 SECTION 304. REGULATIONS.
11 THE DEPARTMENT SHALL, IN THE MANNER PROVIDED BY LAW,
12 PROMULGATE THE REGULATIONS NECESSARY TO ESTABLISH CHILD DAY-CARE
13 RESOURCE AND REFERRAL SERVICES TO BE OFFERED IN ACCORDANCE WITH
14 THIS CHAPTER.
15 SECTION 305. RESOURCE AND REFERRAL SERVICES IMPLEMENTATION.
16 THE DEPARTMENT SHALL ESTABLISH A THREE-YEAR IMPLEMENTATION
17 SCHEDULE FOR PHASING IN CHILD DAY-CARE RESOURCE AND REFERRAL
18 SERVICES THROUGHOUT THIS COMMONWEALTH.
19 SECTION 306. LIABILITY INSURANCE.
20 (A) REQUIREMENT.--IN ORDER TO CONTINUE OPERATION, A FAMILY
21 DAY-CARE HOME MUST HAVE A COMPREHENSIVE GENERAL LIABILITY
22 INSURANCE POLICY TO COVER ALL PERSONS ON THE PREMISES IN A
23 MINIMUM AMOUNT TO BE DETERMINED BY REGULATION OF THE DEPARTMENT.
24 A COPY OF THE INSURANCE POLICY UNDER THIS SUBSECTION SHALL BE
25 KEPT ON THE PREMISES.
26 (B) REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE
27 REGULATIONS TO IMPLEMENT SUBSECTION (A).
28 CHAPTER 5
29 UNANNOUNCED INSPECTIONS
30 Section 3 501. Inspections. <--
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1 (a) Authority.--The department may enter and inspect a
2 facility with or without prior notice.
3 (b) Access.--The department shall have free and full access
4 to the facility and the facility grounds, the children in the
5 facility, the records of the facility and the facility staff.
6 The department shall be given the opportunity to privately
7 interview children and staff.
8 (c) Frequency of Inspections.--
9 (1) For a child day-care center, in accordance with
10 current requirements for an annual inspection under the act
11 of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
12 Code, the department shall annually conduct at least one
13 onsite, unannounced inspection of each facility. This
14 unannounced inspection shall be sufficient to meet any
15 existing regulatory requirement for an annual announced or
16 unannounced inspection. The department shall conduct
17 additional inspections as required to verify corrections of
18 regulatory violations.
19 (2) For a family day-care home, unannounced inspections
20 shall be conducted at such times as the department deems
21 appropriate. The department shall annually inspect at least
22 15% 25% of all registered family day-care homes. The <--
23 department shall submit on an annual basis a report to the
24 Aging and Youth Committee of the Senate and the Children and
25 Youth Committee of the House of Representatives regarding the
26 findings of the inspections required under this section.
27 (d) Inspections in response to complaints.--
28 (1) Within 24 hours, excluding days that the department
29 has determined the facility is not in operation, of the
30 receipt of a complaint from any person alleging an immediate
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1 and serious risk to the health or safety of a child receiving
2 child day care at a facility, the department shall conduct an
3 onsite unannounced inspection of the facility. Complaints
4 prompting an inspection pursuant to this subsection shall
5 include severe injury or death of a child receiving care at
6 the facility, allegations of child abuse or conditions or
7 practices that create an immediate and serious risk to a
8 child.
9 (2) Except for those complaints under paragraph (1), the
10 department shall determine the acceptable time frame in which
11 complaints shall be investigated based upon the seriousness
12 of the complaint.
13 (3) This subsection applies to all facilities, including
14 those that are required to be licensed, supervised or
15 registered under the act of June 13, 1967 (P.L.31, No.21),
16 known as the Public Welfare Code, but which are not so
17 licensed, supervised or registered.
18 (e) Report to General Assembly.--The department shall submit
19 on an annual basis a report to the Aging and Youth Committee of
20 the Senate and the Children and Youth Committee of the House of
21 Representatives regarding the findings of the inspections
22 required by this section.
23 Section 4. Effective date. <--
24 This act shall take effect in one year.
25 SECTION 502. DANGEROUS FACILITIES. <--
26 (A) DEPARTMENT RESPONSIBILITY.--IF THE DEPARTMENT FINDS THAT
27 CONDITIONS EXIST WHICH POSE AN IMMEDIATE AND SERIOUS THREAT TO
28 HEALTH, SAFETY OR WELL-BEING OF CHILDREN BEING CARED FOR IN A
29 FACILITY, THE DEPARTMENT SHALL IMMEDIATELY ISSUE A TEMPORARY
30 ORDER TO THE FACILITY PENDING THE OUTCOME OF A HEARING UNDER
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1 SUBSECTION (D) AND, IF NECESSARY, ENSURE THE REMOVAL OF THE
2 CHILDREN FROM THE FACILITY.
3 (1) THE TEMPORARY ORDER SHALL SPECIFY THAT THE FACILITY
4 SHALL BE CLOSED OR THAT SPECIFIC CONDITIONS MUST BE REMEDIED
5 AS A CONDITION OF CONTINUED OPERATION.
6 (2) THE TEMPORARY ORDER SHALL SPECIFY ALL CONDITIONS
7 THAT SHALL BE IMMEDIATELY REMEDIED BY THE FACILITY.
8 (3) THE TEMPORARY ORDER SHALL SPECIFY THE DATE AND TIME
9 OF ANY REQUIRED ACTION OR CLOSURE OF THE FACILITY.
10 (4) THE TEMPORARY ORDER SHALL SPECIFY THE APPEAL RIGHTS
11 OF THE FACILITY.
12 (B) CORRECTIVE ACTION.--IMMEDIATELY FOLLOWING THE ISSUANCE
13 OF A TEMPORARY ORDER UNDER SUBSECTION (A) AND UNTIL THE HEARING
14 UNDER SUBSECTION (D), THE DEPARTMENT SHALL MONITOR THE
15 FACILITY'S COMPLIANCE WITH THE TEMPORARY ORDER.
16 (C) LAW ENFORCEMENT ASSISTANCE.--THE DEPARTMENT MAY REQUEST
17 AND SHALL RECEIVE ASSISTANCE FROM LAW ENFORCEMENT OFFICIALS
18 WHENEVER NECESSARY TO IMPLEMENT AN ORDER ISSUED UNDER THIS
19 SECTION.
20 (D) HEARINGS.--WITHIN SEVEN BUSINESS DAYS OF THE ISSUANCE OF
21 A TEMPORARY ORDER UNDER SUBSECTION (A), THE DEPARTMENT SHALL
22 SCHEDULE AN ADMINISTRATIVE HEARING. IF THE HEARING EXAMINER
23 RULES THAT THERE WAS A VIOLATION OF A STATUTE OR REGULATION
24 WHICH POSED AN IMMEDIATE AND SERIOUS THREAT TO HEALTH, SAFETY OR
25 WELL-BEING OF THE CHILDREN BEING CARED FOR IN THE FACILITY, THE
26 HEARING EXAMINER SHALL ORDER CONTINUED COMPLIANCE WITH THE
27 TEMPORARY ORDER, ISSUE A NEW ORDER OR ORDER THE FACILITY CLOSED
28 UNTIL THE CONCLUSION OF A CERTIFICATE REVOCATION PROCEDURE. THE
29 DECISION OF THE HEARING EXAMINER SHALL BE RENDERED WITHIN TWO
30 HOURS OF THE CONCLUSION OF THE HEARING.
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1 (E) CERTIFICATE REVOCATION.--WITHIN THREE BUSINESS DAYS OF
2 AN ORDER OF CLOSURE UNDER SUBSECTION (D), THE DEPARTMENT MAY
3 INITIATE CERTIFICATE REVOCATION PROCEEDINGS UNDER THE ACT OF
4 JUNE 13, 1967 (P.L.31, NO.21), KNOWN AS THE PUBLIC WELFARE CODE,
5 AGAINST THE LICENSEE OR HOLDER OF A CERTIFICATE OF THE FACILITY.
6 (F) SUPERSEDEAS.--THE APPEAL OF AN EMERGENCY ORDER ISSUED
7 UNDER THIS SECTION SHALL BE DEEMED AN APPLICATION FOR A
8 SUPERSEDEAS WHICH SHALL BE GRANTED ONLY IF ALL OF THE FOLLOWING
9 APPLY:
10 (1) THERE IS SUBSTANTIAL LIKELIHOOD OF SUCCESS ON
11 APPEAL.
12 (2) CONTINUED OPERATION OF THE FACILITY PENDING APPEAL
13 WILL NOT JEOPARDIZE THE LIFE, HEALTH OR SAFETY OF CHILDREN
14 BEING CARED FOR IN A FACILITY.
15 (G) OTHER ENTITIES.--NOTHING IN THIS SECTION SHALL PRECLUDE
16 THE DEPARTMENT FROM CLOSING OR TAKING OTHER EMERGENCY ACTION
17 WITH REGARD TO AN ENTITY SUPERVISED OR LICENSED BY THE
18 DEPARTMENT.
19 (H) REGULATIONS.--THE DEPARTMENT SHALL PROMULGATE
20 REGULATIONS TO ADMINISTER THIS SECTION.
21 CHAPTER 7
22 CRIMINAL AND CHILD ABUSE HISTORY
23 SECTION 701. CRIMINAL AND CHILD ABUSE HISTORY INFORMATION.
24 IN ADDITION TO THE REQUIREMENTS OF 23 PA.C.S. § 6344
25 (RELATING TO INFORMATION RELATING TO PROSPECTIVE CHILD-CARE
26 PERSONNEL), AN INDIVIDUAL WHO APPLIES TO THE DEPARTMENT FOR A
27 REGISTRATION CERTIFICATE TO OPERATE A FAMILY DAY-CARE HOME SHALL
28 INCLUDE CRIMINAL HISTORY RECORD AND CHILD ABUSE RECORD
29 INFORMATION REQUIRED UNDER 23 PA.C.S. § 6344(B) FOR EVERY
30 INDIVIDUAL 18 YEARS OF AGE OR OLDER WHO RESIDES IN THE HOME FOR
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1 AT LEAST 30 DAYS IN A CALENDAR YEAR.
2 SECTION 702. REQUIRED INFORMATION.
3 CHILD ABUSE RECORD INFORMATION REQUIRED UNDER SECTION 701
4 SHALL INCLUDE CERTIFICATION BY THE DEPARTMENT AS TO WHETHER THE
5 APPLICANT IS NAMED IN THE CENTRAL REGISTER AS THE PERPETRATOR OF
6 A FOUNDED REPORT OF CHILD ABUSE, INDICATED REPORT OF CHILD
7 ABUSE, FOUNDED REPORT FOR SCHOOL EMPLOYEE OR INDICATED REPORT
8 FOR SCHOOL EMPLOYEE AS DEFINED IN 23 PA.C.S. § 6303 (RELATING TO
9 DEFINITIONS).
10 SECTION 703. EFFECT ON REGISTRATION.
11 THE DEPARTMENT SHALL REFUSE TO ISSUE OR RENEW A REGISTRATION
12 CERTIFICATE OR SHALL REVOKE A REGISTRATION CERTIFICATE IF THE
13 FAMILY DAY-CARE HOME PROVIDER OR INDIVIDUAL 18 YEARS OF AGE OR
14 OLDER WHO HAS RESIDED IN THE HOME FOR AT LEAST 30 DAYS IN A
15 CALENDAR YEAR:
16 (1) IS NAMED IN THE CENTRAL REGISTER ON CHILD ABUSE
17 ESTABLISHED UNDER 23 PA.C.S. CH. 63 (RELATING TO CHILD
18 PROTECTIVE SERVICES) AS THE PERPETRATOR OF A FOUNDED REPORT
19 OF CHILD ABUSE, INDICATED REPORT OF CHILD ABUSE, FOUNDED
20 REPORT FOR SCHOOL EMPLOYEE OR INDICATED REPORT FOR SCHOOL
21 EMPLOYEE AS DEFINED IN 23 PA.C.S. § 6303 (RELATING TO
22 DEFINITIONS); OR
23 (2) HAS BEEN CONVICTED OF AN OFFENSE ENUMERATED IN 23
24 PA.C.S. § 6344(C) (RELATING TO INFORMATION RELATING TO
25 PROSPECTIVE CHILD-CARE PERSONNEL).
26 SECTION 704. CRIMINAL AND CHILD ABUSE HISTORY RELATING TO
27 PROSPECTIVE CHILD-CARE PERSONNEL.
28 (A) INDIVIDUALS.--AN INDIVIDUAL WHO DIRECTLY PROVIDES CHILD-
29 CARE SERVICES WHICH ARE SUBSIDIZED BY FEDERAL OR STATE FUNDS BUT
30 WHO IS NOT OTHERWISE SUBJECT TO APPROVAL OR LICENSURE UNDER
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1 ARTICLE IX OR X OF THE ACT OF JUNE 13, 1967 (P.L.31, NO.21),
2 KNOWN AS THE PUBLIC WELFARE CODE, AND EVERY INDIVIDUAL 18 YEARS
3 OF AGE OR OLDER WHO RESIDES IN THE HOME OF SUCH AN INDIVIDUAL
4 FOR AT LEAST 30 DAYS IN A CALENDAR YEAR WHEN THE CHILD CARE IS
5 PROVIDED IN SUCH INDIVIDUAL'S HOME SHALL SUBMIT TO THE
6 DEPARTMENT CRIMINAL AND CHILD ABUSE HISTORY INFORMATION UNDER 23
7 PA.C.S. § 6344(B) (RELATING TO INFORMATION RELATING TO
8 PROSPECTIVE CHILD-CARE PERSONNEL). THE DEPARTMENT SHALL REFUSE
9 TO AUTHORIZE THE USE OF FEDERAL OR STATE FUNDS FOR CHILD CARE IF
10 THE DEPARTMENT VERIFIES THAT ANY OF THE FOLLOWING APPLY TO AN
11 INDIVIDUAL PROVIDING THE CHILD CARE OR ANY INDIVIDUAL 18 YEARS
12 OF AGE OR OLDER WHO RESIDES IN THE HOME OF SUCH AN INDIVIDUAL
13 FOR AT LEAST 30 DAYS IN A CALENDAR YEAR WHEN THE CHILD CARE IS
14 PROVIDED IN SUCH INDIVIDUAL'S HOME:
15 (1) THE INDIVIDUAL IS NAMED IN THE STATEWIDE CENTRAL
16 REGISTER OF CHILD ABUSE AS THE PERPETRATOR OF A FOUNDED
17 REPORT, A FOUNDED REPORT FOR SCHOOL EMPLOYEE, AN INDICATED
18 REPORT OR AN INDICATED REPORT FOR SCHOOL EMPLOYEE.
19 (2) THE INDIVIDUAL HAS BEEN CONVICTED OF AN OFFENSE
20 UNDER 23 PA.C.S. § 6344.
21 (B) USE OF FUNDS.--THE DEPARTMENT MAY AUTHORIZE THE USE OF
22 FEDERAL OR STATE FUNDS FOR CHILD CARE UNDER THIS SUBSECTION ON A
23 PROVISIONAL BASIS FOR A SINGLE PERIOD NOT TO EXCEED 30 DAYS IF
24 ALL OF THE FOLLOWING CONDITIONS ARE MET:
25 (1) THE INDIVIDUAL WHO IS SUBJECT TO THE REQUIREMENTS OF
26 THIS SECTION HAS APPLIED FOR THE INFORMATION REQUIRED UNDER
27 THIS SECTION AND PROVIDES A COPY OF THE APPROPRIATE REQUEST
28 FORMS TO THE DEPARTMENT OR ITS DESIGNATED AGENT.
29 (2) THE INDIVIDUAL WHO IS SUBJECT TO THE REQUIREMENTS OF
30 THIS SECTION SWEARS OR AFFIRMS IN WRITING THAT THE
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1 INDIVIDUAL:
2 (I) IS NOT NAMED IN THE STATEWIDE CENTRAL REGISTER
3 OF CHILD ABUSE AS THE PERPETRATOR OF A FOUNDED REPORT, A
4 FOUNDED REPORT FOR SCHOOL EMPLOYEE, AN INDICATED REPORT
5 OR AN INDICATED REPORT FOR SCHOOL EMPLOYEE; AND
6 (II) HAS NOT BEEN CONVICTED OF AN OFFENSE UNDER 23
7 PA.C.S. § 6344(C).
8 SECTION 705. REGULATIONS.
9 THE DEPARTMENT SHALL PROMULGATE REGULATIONS TO ADMINISTER
10 THIS CHAPTER.
11 CHAPTER 30
12 MISCELLANEOUS PROVISIONS
13 SECTION 3001. EFFECTIVE DATE.
14 THIS ACT SHALL TAKE EFFECT AS FOLLOWS:
15 (1) EXCEPT AS OTHERWISE PROVIDED IN PARAGRAPH (2),
16 CHAPTER 3 SHALL TAKE EFFECT JULY 1, 2003, OR IMMEDIATELY,
17 WHICHEVER IS LATER.
18 (2) SECTION 306(A) SHALL TAKE EFFECT ON THE EFFECTIVE
19 DATE OF REGULATIONS PROMULGATED UNDER SECTION 306(B).
20 (3) CHAPTER 5 AND SECTION 704 SHALL TAKE EFFECT IN ONE
21 YEAR.
22 (4) THIS CHAPTER SHALL TAKE EFFECT IMMEDIATELY.
23 (5) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
24 DAYS.
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