THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CRUZ, BEYER, BISHOP, DONATUCCI, FRANKEL, KORTZ, MELIO, MURT, M. O'BRIEN, PAYNE, READSHAW, SABATINA, SIPTROTH, STABACK, WAGNER, WATSON AND WHITE, FEBRUARY 13, 2009

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF REPRESENTATIVES, AS AMENDED, MARCH 10, 2010   

AN ACT

Providing for visitation and inspection of family day-care homes

and for reporting; and making a repeal.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Family Day-

Care Home Inspection Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Child day care."  As defined by section 1070 of the act of

June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Family day-care home."  As defined by section 1070 of the

act of June 13, 1967 (P.L.31, No.21), known as the Public

Welfare Code.

Section 3.  Visitation and inspection.

(a)  General rule.--The department or authorized agent of the

department shall have the right to enter, visit and inspect any

family day-care home registered or requiring registration under

Article X of the act of June 13, 1967 (P.L.31, No.21), known as

the Public Welfare Code, and shall have free and full access to

the premises, where children are cared for, all records of the

premises which relate to the children's care and the children

cared for in the family day-care home and full opportunity to

speak with or observe the children.

(b)  Frequency.--The (b)  Frequency.--

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(1)  Except as set forth in paragraph (2) the department

shall inspect each family day-care home at least once every

two years to determine compliance with applicable regulations

and laws.

(2)  Biennial inspections shall be phased in over a four-

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year period as follows:

(i)  A minimum 25% of registered family day-care

homes shall be inspected within one year of the effective

date of this section.

(ii)  A minimum of 50% of registered family day-care

homes shall be inspected within two years of the

effective date of this section.

(iii)  A minimum of 75% of registered family day-care

homes shall be inspected within three years of the

effective date of this section.

(iv)  All registered family day-care homes shall be

inspected within four years of the effective date of this

section.

Section 4.  Response to complaints.

The department shall by regulation set forth time frames for

the department's response to and investigation of complaints

involving a family day-care home. Time frames shall take into

consideration the circumstances described in each complaint and

possible risk of harm to the health or safety of a child

receiving child day care in the family day-care home.

Section 5.  Annual report on inspections.

No later than May 1 of each year, the department shall

publish a report summarizing its inspections relating to family

day-care homes and enforcement of applicable laws and

regulations. As part of its report, the department shall

identify:

(1)  The number of registered family day-care homes.

(2)  The number of inspectors available to inspect family

day-care homes.

(3)  The types of complaints received.

(4)  Violations investigated by the department.

(5)  Penalties applied for violations.

(6)  Effectiveness in enforcing compliance with laws and

regulations.

(7)  Quality assurance practices to ensure objectivity of

inspectors.

(8)  Any recommendations.

Section 6.  Repeal.

(a)  Declaration.--The General Assembly hereby declares that

the repeal under subsection (b) is necessary to effectuate the

provisions of this act.

(b)  Repeal.--Section 1074 of the act of June 13, 1967 (P.L.

31, No.21), known as the Public Welfare Code, is repealed.

Section 7.  Effective date.

This act shall take effect in one year as follows:

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(1)  Section 4 shall take effect in one year.

(2)  The remainder of this act shall take effect

immediately.