AN ACT

 

1Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
2act to consolidate, editorially revise, and codify the public
3welfare laws of the Commonwealth," in departmental powers and
4duties as to licensing, further providing for application for
5registration certificate, for issuance of registration
6certificate and for records; providing for disclosure; and
7further providing for emergency closure.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

10Section 1.  Sections 1072, 1073 and 1075 of the act of June
1113, 1967 (P.L.31, No.21), known as the Public Welfare Code,
12added December 5, 1980 (P.L.1112, No.193), are amended to read:

13Section 1072.  Application for Registration Certificate.--
14(a)  Any individual desiring to secure a registration
15certificate shall submit an application therefor to the
16department upon forms prepared and furnished by the department,
17and, at the same time, shall certify in writing that he/she and
18the [facility] family day care home named in the application are
19in compliance with applicable department regulations. Applicants 
20shall also provide proof of a current general liability 

1insurance policy that covers all persons who are on the 
2premises.

3(b)  Application for renewal of the registration certificate
4shall be made every two years in the same manner as application
5for the original registration certificate.

6(c)  No application fee shall be required to register a
7family day care home.

8Section 1073.  Issuance of Registration Certificate.--Upon
9receipt of an application, proof of current liability insurance
10and the applicant's written certification of compliance with
11applicable department regulations, the department shall issue a
12registration certificate to the applicant for the premises named
13in the application. A registration certificate shall be issued
14for a period of two years.

15Section 1075.  Records.--Every individual who operates a
16family day care home registered under this article shall keep
17and maintain such records as required by the department. The 
18current registration certificate of the family day care home, a 
19copy of the applicable department regulations, a copy of the 
20inspection summary of the family day care home and any other 
21record required by the department shall be posted in a 
22conspicuous location used by parents. A current copy of the 
23family day care home's insurance policy shall be on file at the 
24family day care home.

25Section 2.  The act is amended by adding a section to read:

26Section 1075.1.  Disclosure.--At the time of the child's 
27application, the operator of the family day care home shall 
28review with the parent or other responsible person the family 
29day care home's registration certificate, inspection summary, 
30insurance policy, emergency plan, general daily schedule, hours 

1in which care is provided, fees, responsibilities for meals, 
2clothing, health policies, supervision policies, night care 
3policies, dismissal policies, transportation, pickup 
4arrangements and any other policy as required by the department. 
5Upon enrollment, the operator of the family day care home shall 
6execute a written agreement signed by the child's parent or 
7other responsible person and the operator that addresses the 
8terms required by the department. The operator of the family day 
9care home shall maintain emergency contact information as 
10required by the department. The operator of the family day care 
11home shall also give the child's parent or other responsible 
12person a written form prescribed by the department containing 
13the following information:

14(1)  instructions for obtaining information about the 
15registration history and compliance history of the family day 
16care home; and

17(2)  instructions for contacting the department to file a 
18complaint or make inquiries regarding the family day care home.

19Section 3.  Section 1080 of the act, added December 5, 1980
20(P.L.1112, No.193), is amended to read:

21Section 1080.  Emergency Closure.--If the department, or 
22authorized agent of the department observes a condition at a 
23family day care home which places the children cared for therein 
24in immediate life-threatening danger, the department shall 
25maintain an action in the name of the Commonwealth for an 
26injunction or other process restraining or prohibiting the 
27operation of the [facility.] family day care home. If the 
28department finds evidence of gross incompetence, negligence, 
29misconduct in operating the family day care home or mistreatment 
30or abuse of children likely to constitute an immediate and 

1serious danger to the life or health of the children, the 
2department shall take immediate action to close the family day 
3care home and remove the children from the family day care home. 
4If physical obstruction is offered to prevent removal of the 
5children, the department shall request law enforcement 
6authorities to assist in the closure of the family day care home 
7and removal of the children. The department shall inform the 
8parent or other person responsible for each child present at the 
9family day care home of the emergency closure and removal. 
10Department staff shall remain at the family day care home until 
11each child is picked up by his or her parent or taken to another 
12safe location.

13Section 4.  This act shall take effect in 120 days.