1Providing for unannounced inspections of certain facilities and
2persons that provide child day care; and conferring powers
3and duties on the Department of Public Welfare.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1.  Short title.

7This act shall be known and may be cited as the Unannounced
8Inspection of Child Day-Care Facilities Act.

9Section 2.  Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Child day care."  Care in lieu of parental care given for 
14part of a 24-hour day to a child under 16 years of age away from 
15the child's home. The term does not include care in lieu of 

1parental care given to a child under 16 years of age in a place 
2of worship during religious services.

3"Child day-care center."  Any premises in which child day 
4care is provided simultaneously for seven or more children who 
5are not relatives of the provider, regardless of which article 
6of the act of June 13, 1967 (P.L.31, No.21), known as the Public 
7Welfare Code, applies to it.

8"Department."  The Department of Public Welfare of the 
9Commonwealth.

10"Facility."  Any of the following:

11(1)  Child day-care center.

12(2)  Family day-care home.

13"Family day-care home."  A home in which child day care is 
14provided at any one time to four, five or six children who are 
15not relatives of the provider of the child day care and which is 
16required to be registered under the act of June 13, 1967 (P.L.

1731, No.21), known as the Public Welfare Code.

18Section 3.  Inspections.

19(a)  Authority.--The department may enter and inspect a
20facility with or without prior notice.

21(b)  Access.--The department shall have free and full access
22to the facility and the facility grounds, the children in the
23facility, the records of the facility and the facility staff.
24The department shall be given the opportunity to privately
25interview children and staff.

26(c)  Frequency of inspections.--

27(1)  For a child day-care center, in accordance with 
28current requirements for an annual inspection under the act 
29of June 13, 1967 (P.L.31, No.21), known as the Public Welfare 
30Code, the department shall annually conduct at least one 

1onsite, unannounced inspection of each facility. This 
2unannounced inspection shall be sufficient to meet any 
3existing requirement for an annual announced or unannounced 
4inspection. The department shall conduct additional 
5inspections as required to verify corrections of violations.

6(2)  For a family day-care home, unannounced inspections
7shall be conducted at such times as the department deems
8appropriate. Each family day-care home shall be inspected at
9least once every four years. A newly registered family day-
10care home shall be inspected at least once during the first
11year of operation.

12(d)  Inspections in response to complaints.--

13(1)  Within 24 hours, excluding days that the department
14has determined the facility is not in operation, of the
15receipt of a complaint from any person alleging an immediate
16and serious risk to the health or safety of a child receiving
17child day care at a facility, the department shall conduct an
18onsite unannounced inspection of the facility. Complaints
19prompting an inspection pursuant to this subsection shall
20include severe injury or death of a child receiving care at
21the facility, allegations of child abuse or conditions or
22practices that create an immediate and serious risk to a
23child.

24(2)  Except for those complaints under paragraph (1), the
25department shall determine the acceptable time frame in which
26complaints shall be investigated based upon the seriousness
27of the complaint.

28(3)  This subsection applies to all facilities, including
29those that are required to be licensed, supervised or
30registered under the Public Welfare Code, but which are not

1so licensed, supervised or registered.

2(e)  Report to General Assembly.--The department shall submit
3on an annual basis a report to the Aging and Youth Committee of
4the Senate and the Children and Youth Committee of the House of
5Representatives regarding the findings of the inspections
6required by this section.

7Section 4.  Effective date.

8This act shall take effect in one year.