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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PAYNE, HESS, GEIST, GRELL, FABRIZIO, MOUL, O'NEILL, READSHAW, REICHLEY AND SWANGER, JANUARY 21, 2011 |
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| REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 21, 2011 |
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| AN ACT |
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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," in departmental powers and |
4 | duties as to licensing, further providing for application for |
5 | registration certificate, for issuance of registration |
6 | certificate and for records; providing for disclosure; and |
7 | further providing for emergency closure. |
8 | The General Assembly of the Commonwealth of Pennsylvania |
9 | hereby enacts as follows: |
10 | Section 1. Sections 1072, 1073 and 1075 of the act of June |
11 | 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, |
12 | added December 5, 1980 (P.L.1112, No.193), are amended to read: |
13 | Section 1072. Application for Registration Certificate.-- |
14 | (a) Any individual desiring to secure a registration |
15 | certificate shall submit an application therefor to the |
16 | department upon forms prepared and furnished by the department, |
17 | and, at the same time, shall certify in writing that he/she and |
18 | the [facility] family day care home named in the application are |
19 | in compliance with applicable department regulations. Applicants |
20 | shall also provide proof of a current general liability |
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1 | insurance policy that covers all persons who are on the |
2 | premises. |
3 | (b) Application for renewal of the registration certificate |
4 | shall be made every two years in the same manner as application |
5 | for the original registration certificate. |
6 | (c) No application fee shall be required to register a |
7 | family day care home. |
8 | Section 1073. Issuance of Registration Certificate.--Upon |
9 | receipt of an application, proof of current liability insurance |
10 | and the applicant's written certification of compliance with |
11 | applicable department regulations, the department shall issue a |
12 | registration certificate to the applicant for the premises named |
13 | in the application. A registration certificate shall be issued |
14 | for a period of two years. |
15 | Section 1075. Records.--Every individual who operates a |
16 | family day care home registered under this article shall keep |
17 | and maintain such records as required by the department. The |
18 | current registration certificate of the family day care home, a |
19 | copy of the applicable department regulations, a copy of the |
20 | inspection summary of the family day care home and any other |
21 | record required by the department shall be posted in a |
22 | conspicuous location used by parents. A current copy of the |
23 | family day care home's insurance policy shall be on file at the |
24 | family day care home. |
25 | Section 2. The act is amended by adding a section to read: |
26 | Section 1075.1. Disclosure.--At the time of the child's |
27 | application, the operator of the family day care home shall |
28 | review with the parent or other responsible person the family |
29 | day care home's registration certificate, inspection summary, |
30 | insurance policy, emergency plan, general daily schedule, hours |
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1 | in which care is provided, fees, responsibilities for meals, |
2 | clothing, health policies, supervision policies, night care |
3 | policies, dismissal policies, transportation, pickup |
4 | arrangements and any other policy as required by the department. |
5 | Upon enrollment, the operator of the family day care home shall |
6 | execute a written agreement signed by the child's parent or |
7 | other responsible person and the operator that addresses the |
8 | terms required by the department. The operator of the family day |
9 | care home shall maintain emergency contact information as |
10 | required by the department. The operator of the family day care |
11 | home shall also give the child's parent or other responsible |
12 | person a written form prescribed by the department containing |
13 | the following information: |
14 | (1) instructions for obtaining information about the |
15 | registration history and compliance history of the family day |
16 | care home; and |
17 | (2) instructions for contacting the department to file a |
18 | complaint or make inquiries regarding the family day care home. |
19 | Section 3. Section 1080 of the act, added December 5, 1980 |
20 | (P.L.1112, No.193), is amended to read: |
21 | Section 1080. Emergency Closure.--If the department, or |
22 | authorized agent of the department observes a condition at a |
23 | family day care home which places the children cared for therein |
24 | in immediate life-threatening danger, the department shall |
25 | maintain an action in the name of the Commonwealth for an |
26 | injunction or other process restraining or prohibiting the |
27 | operation of the [facility.] family day care home. If the |
28 | department finds evidence of gross incompetence, negligence, |
29 | misconduct in operating the family day care home or mistreatment |
30 | or abuse of children likely to constitute an immediate and |
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1 | serious danger to the life or health of the children, the |
2 | department shall take immediate action to close the family day |
3 | care home and remove the children from the family day care home. |
4 | If physical obstruction is offered to prevent removal of the |
5 | children, the department shall request law enforcement |
6 | authorities to assist in the closure of the family day care home |
7 | and removal of the children. The department shall inform the |
8 | parent or other person responsible for each child present at the |
9 | family day care home of the emergency closure and removal. |
10 | Department staff shall remain at the family day care home until |
11 | each child is picked up by his or her parent or taken to another |
12 | safe location. |
13 | Section 4. This act shall take effect in 120 days. |
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