PRINTER'S NO. 569
No. 541 Session of 2003
INTRODUCED BY SCHWARTZ, MELLOW, C. WILLIAMS, TARTAGLIONE, COSTA,
KITCHEN, STOUT, LAVALLE, LOGAN, MUSTO AND WAGNER,
MARCH 24, 2003
REFERRED TO AGING AND YOUTH, MARCH 24, 2003
AN ACT
1 Providing for supervision of child-care facilities; conferring
2 powers and duties on the Department of Public Welfare; and
3 making a repeal.
4 TABLE OF CONTENTS
5 Chapter 1. General Provisions
6 Section 101. Short title.
7 Section 102. Definitions.
8 Chapter 3. Administration
9 Section 301. Inspections.
10 Section 302. Inspection reports.
11 Section 303. Child safety disclosure form.
12 Section 304. Dangerous facilities.
13 Section 305. Family day-care homes.
14 Section 306. Exemptions from licensure or approval.
15 Section 307. Parental notification.
16 Section 308. Memorandum of understanding.
17 Section 309. Criminal and child abuse history.
18 Section 310. Regulations.
1 Chapter 51. Miscellaneous Provisions
2 Section 5101. Repeal.
3 Section 5102. Effective date.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 CHAPTER 1
7 GENERAL PROVISIONS
8 Section 101. Short title.
9 This act shall be known and may be cited as the Protecting
10 Children in Care Act.
11 Section 102. 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 care experience." Care for a child in lieu of care by
16 the parent or guardian for part of a 24-hour day. The term
17 includes care of foster children in a court-supervised
18 arrangement. The term does not include the following:
19 (1) Care of related children who reside with an
20 individual.
21 (2) Supervised onsite training in the case of a student
22 who is fulfilling the requirements of a secondary or
23 postsecondary child care training or educational curriculum.
24 (3) Care in lieu of parental care given to a child under
25 16 years of age in a place of worship during religious
26 services.
27 "Child day-care center." Shall have the same meaning given
28 to it in 55 Pa. Code Ch. 3270 (relating to child day care
29 centers).
30 "Department." The Department of Public Welfare of the
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1 Commonwealth.
2 "Facility." Any of the following:
3 (1) Child day-care center.
4 (2) Family child day-care home.
5 (3) Group day-care home.
6 "Family child day-care home." Shall have the same meaning
7 given to it in 55 Pa. Code Ch. 3290 (relating to family child
8 day care homes).
9 "Group child day-care home." Shall have the same meaning
10 given to it in 55 Pa. Code Ch. 3280 (relating to group child day
11 care homes).
12 "Small subsidized care provider." Premises where a
13 subsidized care provider furnishes child day care to three or
14 fewer children.
15 "Subsidized care provider." A person who directly provides
16 child day-care services that are paid in whole or in part from
17 Federal or Commonwealth funds and who is not required to be
18 licensed or registered by the Department of Public Welfare.
19 CHAPTER 3
20 ADMINISTRATION
21 Section 301. Inspections.
22 (a) Authority.--The department may enter and inspect a
23 facility that is regulated by the department. Prior notice shall
24 not be required.
25 (b) Access.--The department shall have free and full access
26 to the facility and the facility grounds, the children in the
27 facility, the records of the facility and the facility staff.
28 The department shall be given the opportunity to privately
29 interview children and staff.
30 (c) Inspections.--The department shall annually conduct at
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1 least one onsite, unannounced inspection of each facility. The
2 inspection under this subsection shall constitute the inspection
3 required by the act of June 13, 1967 (P.L.31, No.21), known as
4 the Public Welfare Code, and related regulations.
5 (d) Additional inspections.--The department shall conduct
6 additional inspections of facilities if any of the following
7 conditions exist:
8 (1) A history of substantial violations of department
9 regulations.
10 (2) A reasonable suspicion of violations of any statute
11 or regulation.
12 (3) Indications of potential risk to the health, safety
13 or well-being of a child.
14 (4) Any other circumstances provided by regulation.
15 Section 302. Inspection reports.
16 (a) General rule.--The department shall issue a written
17 inspection report to the legal entity for a facility following
18 each onsite inspection of the facility. An inspection report
19 shall be issued regardless of whether there is a violation of
20 the rules.
21 (b) Display.--
22 (1) Each facility shall place the following at a
23 location in the facility that is readily visible and easily
24 accessed by families of the children in care and the general
25 public:
26 (i) The license or certificate and any waivers of
27 rules granted in accordance with department rules.
28 (ii) The most recent onsite inspection report issued
29 by the department.
30 (iii) The violation notice, if one has been issued
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1 by the department, until the licensee notifies the
2 department that violations have been corrected.
3 (iv) Any order, if one has been issued by the
4 department, until the order is rescinded by the
5 department or upon a date otherwise fixed by the
6 department.
7 (2) The documents listed in paragraph (1) shall include
8 the name, address and telephone number of a contact within
9 the department for additional information about the license
10 or certificate for the facility.
11 Section 303. Child safety disclosure form.
12 (a) Contents of form.--Prior to child day-care services
13 being provided, an operator of a facility shall provide to the
14 parents of a child to be placed in care a completed child safety
15 disclosure form. The child safety disclosure form shall:
16 (1) Be on a form provided by the department.
17 (2) List the following regulatory requirements to which
18 the facility operator is subject and others as deemed
19 appropriate by the department:
20 (i) Any State licensing or registration requirement.
21 (ii) Any local government licensing or registration
22 requirement.
23 (iii) Child abuse and criminal history clearance.
24 (iv) Health and safety standards.
25 (v) Annual inspection.
26 (vi) Limit on number of children in care.
27 (vii) Posting of license or certificate of
28 registration.
29 (3) Include proof of compliance with any statute or
30 regulation under paragraph (2) to which the facility operator
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1 is subject.
2 (4) List the telephone numbers of agencies where parents
3 can call to confirm the facility operator's safety record or
4 to file a complaint about safety or quality of care.
5 (5) Inform parents that copies of State regulations
6 governing the facility operator are available upon request.
7 (b) Parent signature required.--A facility operator must
8 obtain a signature of a parent as proof that the child safety
9 disclosure form was presented to the parent prior to the
10 commencement of child day-care services.
11 Section 304. Dangerous facilities.
12 (a) Department responsibility.--
13 (1) If the department finds that conditions exist which
14 pose an immediate and serious threat to health, safety or
15 well-being of children being cared for in a facility, the
16 department shall immediately issue a temporary order to the
17 facility pending the outcome of a hearing under subsection
18 (d) and, if necessary, ensure the removal of the children
19 from the facility.
20 (2) The temporary order shall specify that the facility
21 shall be closed or that specific conditions must be remedied
22 as a condition of continued operation.
23 (3) The temporary order shall specify all conditions
24 that shall be immediately remedied by the facility.
25 (4) The temporary order shall specify the date and time
26 of any required action or closure of the facility.
27 (5) The temporary order shall specify the appeal rights
28 of the facility.
29 (b) Corrective action.--Immediately following the issuance
30 of a temporary order under subsection (a) and until the hearing
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1 under subsection (d), the department shall monitor the
2 facility's compliance with the temporary order.
3 (c) Law enforcement assistance.--The department may request
4 and shall receive assistance from law enforcement officials
5 whenever necessary to implement an order issued under this
6 section.
7 (d) Hearings.--Within seven business days of the issuance of
8 a temporary order under subsection (a), the department shall
9 schedule an administrative hearing. If the hearing examiner
10 rules that there was a violation of a statute or regulation
11 which posed an immediate and serious threat to health, safety or
12 well-being of the children being cared for in the facility, the
13 hearing examiner shall order continued compliance with the
14 temporary order, issue a new order or order the facility closed
15 for a specified period of time. The decision of the hearing
16 examiner shall be rendered within two hours of the conclusion of
17 the hearing.
18 (e) Revocation.--If the department determines that the
19 circumstances resulting in closure were substantially the fault
20 of the licensee or certificate holder, the department shall
21 initiate revocation proceedings under the act of June 13, 1967
22 (P.L.31, No.21), known as the Public Welfare Code, against the
23 licensee or holder of a certificate of the facility.
24 (f) Supersedeas.--The appeal of a temporary order issued
25 under this section shall be deemed an application for a
26 supersedeas which shall be granted only if all of the following
27 apply:
28 (1) There is substantial likelihood of success on
29 appeal.
30 (2) The continued operation of the facility pending
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1 appeal will not jeopardize the life, health or safety of
2 children being cared for in a facility.
3 (g) Other entities.--Nothing in this section shall preclude
4 the department from closing or taking other emergency action
5 with regard to an entity supervised or licensed by the
6 department.
7 Section 305. Family child day-care homes.
8 (a) Criminal and child abuse history.--In addition to the
9 requirements of 23 Pa.C.S. § 6344 (relating to information
10 relating to prospective child-care personnel), an individual who
11 applies to the department for a registration certificate to
12 operate a family day-care home shall include criminal and child
13 abuse reports required by 23 Pa.C.S. § 6344(b) for every
14 individual 18 years of age or older who resides in the home for
15 at least 30 days in a calendar year.
16 (b) Effect.--The department shall refuse to issue or renew a
17 registration certificate or shall revoke a registration
18 certificate if the family day-care home provider, an employee of
19 the provider or individual 18 years of age or older who has
20 resided in the home for 30 days in a calendar year:
21 (1) is named in the central register on child abuse
22 established under 23 Pa.C.S. Ch. 63 (relating to child
23 protective services) as the perpetrator of an indicated or
24 founded report of child abuse or a founded report for a
25 school employee; or
26 (2) has been convicted of an offense enumerated in 23
27 Pa.C.S. § 6344(c).
28 Section 306. Exemptions from licensure or approval.
29 (a) Requirements.--Small subsidized care providers as
30 defined in section 102 shall be subject to health and safety
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1 requirements established by law or regulation for family day-
2 care homes.
3 (b) Authority.--The department shall have the authority to
4 investigate small subsidized care providers for violations of
5 health and safety requirements under subsection (a) in response
6 to complaints or if the department has reason to believe that
7 violations have or will occur.
8 Section 307. Parental notification.
9 (a) General rule.--The department shall provide notice by
10 certified mail to a parent of a child in the care of a family
11 day-care home provider or a subsidized care provider if the
12 provider:
13 (1) Has been arrested for a crime that would be reported
14 on a criminal background check required under 23 Pa.C.S. §
15 6344 (relating to information relating to prospective child-
16 care personnel).
17 (2) Is the subject of a report of child abuse filed by a
18 parent of a child in care or a person required by law to
19 report suspected cases of child abuse.
20 (b) Time of notice.--Notice under subsection (a) shall be
21 sent within 24 hours of the department being notified of an
22 arrest or report of abuse.
23 (c) Exception to confidentiality requirements.--
24 Notwithstanding any other provision of law to the contrary,
25 provider information that relates to a report of child abuse or
26 arrest may be disclosed in accordance with subsection (a).
27 Section 308. Memorandum of understanding.
28 The department shall enter into a memorandum of understanding
29 with the child protective services agency in each county in this
30 Commonwealth. The memorandum of understanding shall set forth
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1 the respective responsibilities of the department and the agency
2 in cases in which the agency receives a report of child abuse at
3 a facility, including, but not limited to, ascertaining whether
4 a facility is properly licensed or registered under State law or
5 municipal ordinance.
6 Section 309. Criminal and child abuse history.
7 An individual required by this act or other law or regulation
8 to file a criminal or child abuse report under 23 Pa.C.S. §
9 6344(c) (relating to information relating to prospective child-
10 care personnel) shall file the report or reports annually.
11 Section 310. Regulations.
12 The department shall promulgate regulations to administer
13 this act.
14 CHAPTER 51
15 MISCELLANEOUS PROVISIONS
16 Section 5101. Repeal.
17 The act of June 13, 1967 (P.L.31, No.21), known as the Public
18 Welfare Code, is repealed insofar as it is inconsistent with
19 this act.
20 Section 5102. Effective date.
21 This act shall take effect in 60 days.
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