PRINTER'S NO. 3268
No. 2339 Session of 2004
INTRODUCED BY OLIVER, KENNEY, DeWEESE, WASHINGTON, TIGUE,
GEORGE, WHEATLEY, WALKO, HENNESSEY, REICHLEY, LEACH,
McGEEHAN, LaGROTTA, LAUGHLIN, MELIO, COY, WATERS, JAMES,
STABACK, BELFANTI, JOSEPHS, PISTELLA, BEBKO-JONES, BUXTON,
FRANKEL, RIEGER, HARHAI, BISHOP, CAPPELLI, SCRIMENTI,
WOJNAROSKI, BROWNE, CURRY, CRUZ, GOODMAN, TANGRETTI,
J. TAYLOR, LEDERER, FABRIZIO, DALEY, YOUNGBLOOD, HORSEY AND
DeLUCA, FEBRUARY 4, 2004
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 4, 2004
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 providing for the
4 eligibility of domestic abuse victims for subsidized child
5 day-care services.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. The act of June 13, 1967 (P.L.31, No.21), known
9 as the Public Welfare Code, is amended by adding a section to
10 read:
11 Section 403.1. Eligibility of Domestic Abuse Victims for
12 Subsidized Child Day-care Services.--(a) The General Assembly
13 of the Commonwealth of Pennsylvania hereby finds and declares as
14 follows:
15 (1) The public health and safety is threatened by increasing
16 incidences of domestic violence.
1 (2) Domestic violence programs provide needed support
2 services for victims and assist in the prevention of further
3 domestic violence.
4 (3) Victims of domestic violence make up an overwhelmingly
5 large percentage of our communities' homeless population.
6 (4) The ability to access and maintain stability is a
7 critical factor for domestic violence victims attempting to
8 escape abusive relationships in order to gain autonomy.
9 (5) Battered women face multiple barriers to employment,
10 with more than half of the battered women staying with their
11 abusive partner because these women feel they are unable to
12 support themselves or their children.
13 (6) Child day-care service has a pivotal role in assisting
14 domestic violence victims and their children in the pursuit of
15 violence-free lives.
16 (7) Domestic violence also disrupts the stability of
17 children.
18 (8) Annually, substantial numbers of children are at risk
19 for witnessing domestic violence.
20 (9) Like adult victims, children who witness domestic
21 violence suffer a great deal of fear and have multiple ways of
22 expressing their anxiety.
23 (10) Research has shown that these children are at an
24 increased risk of becoming abusers themselves.
25 (11) Over fifty percent of children that have witnessed
26 domestic violence have also been physically abused.
27 (12) The demand for subsidized child day-care services far
28 exceeds available funds, so priorities for such services must be
29 established.
30 (13) It is in the public interest for the Commonwealth to
20040H2339B3268 - 2 -
1 establish a mechanism to provide immediate child day-care
2 services or eligibility for child day-care services to children
3 of domestic violence victims.
4 (b) Pursuant to the authorization provided to the states
5 under the Personal Responsibility and Work Opportunity
6 Reconciliation Act of 1996 (Public Law 104-193, 110 Stat. 2105),
7 the department shall have the power to enter into agreements
8 with the respective county commissioners to provide preference
9 to victims of domestic violence for eligibility for subsidized
10 child day-care services. The Federal and State funds
11 appropriated for the purpose of child day care in the form of
12 grants and subsidy payments shall be administered with
13 preference to victims of domestic violence if those individuals
14 meet the department's regulations.
15 (c) The department shall provide immediate child day-care
16 assistance to victims of domestic violence families whose
17 incomes are between one hundred eighty-six per cent and two
18 hundred thirty-five per cent of the Federal poverty level under
19 55 Pa. Code Pt. V Subpt. B (relating to eligibility for
20 services), if that family otherwise qualifies for subsidized
21 child day care under regulations of the department. Victims of
22 domestic abuse shall have an additional sixty days to provide
23 supporting documentation of eligibility.
24 (d) Once a family of domestic violence victims is deemed
25 eligible and begins receiving subsidized child day-care
26 services, that family shall continue to qualify for and receive
27 subsidized child day-care services until such time as that
28 family's income exceeds two hundred thirty-five per cent of the
29 Federal poverty level, provided that the family otherwise
30 complies with requirements established under 55 Pa. Code Pt. V
20040H2339B3268 - 3 -
1 Subpt. B.
2 (e) The department shall promulgate regulations within
3 ninety days of the effective date of this section to assure that
4 domestic violence victims eligible for subsidized child day care
5 with an income between one hundred eighty-six percent and two
6 hundred thirty-five percent of the Federal poverty level are
7 provided with access to subsidized child day care.
8 (f) The following words and phrases when used in this
9 section shall have the meaning given to them in this subsection
10 unless the context clearly indicates otherwise:
11 "Child day care" means care in lieu of parental care, given
12 for part of the twenty-four-hour day to children under sixteen
13 years of age, away from their own homes. The term does not
14 include child day care furnished in places of worship during
15 religious services.
16 "Department" means the Department of Public Welfare of the
17 Commonwealth.
18 "Domestic violence" means the occurrence of one or more of
19 the following acts between family or household members:
20 (1) Intentionally, knowingly or recklessly causing or
21 attempting to cause bodily injury.
22 (2) Placing by physical menace another in fear of imminent
23 serious bodily injury.
24 "Parent" means a biological, adopted, step or foster mother
25 or father who lives in the family common dwelling and is
26 responsible for the child for whom subsidized child day-care
27 service is requested; an adult household member or guardian
28 applying on behalf of a minor; a guardian of the person of an
29 adult who has been declared incompetent under 20 Pa.C.S. Ch. 51
30 Subch. B (relating to appointment of guardian) applying on
20040H2339B3268 - 4 -
1 behalf of the incompetent adult.
2 "Subsidized child day care" means child day-care services
3 paid for in whole or in part with Federal or State funds
4 provided to low-income families based on a sliding scale of
5 income eligibility.
6 "Waiting list" means a list maintained by the department or
7 an agent of the department of names of families and their
8 children determined eligible to receive subsidized child day-
9 care services, but for whom funds for subsidy payments or
10 locations for the provision of child day care are not currently
11 available.
12 Section 2. This act shall take effect immediately.
A22L67JLW/20040H2339B3268 - 5 -