PRINTER'S NO. 40
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
46
Session of
2015
INTRODUCED BY GODSHALL, KINSEY, KOTIK, BISHOP, GREINER,
SANTARSIERO, DAVIS, KAUFFMAN, MARSHALL, HARHART, SAMUELSON,
CALTAGIRONE, O'BRIEN, KNOWLES, STURLA, DEASY, D. COSTA,
MATZIE, COHEN, MILLARD, SAYLOR, MARSICO, O'NEILL, HARHAI,
WATSON, DeLUCA, MURT, JAMES, RAVENSTAHL, HAHN, GABLER,
GINGRICH AND DONATUCCI, JANUARY 21, 2015
REFERRED TO COMMITTEE ON HEALTH, JANUARY 21, 2015
AN ACT
Providing for unannounced inspections of certain facilities and
persons that provide child day care; and conferring powers
and duties on the Department of Human Services.
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 Unannounced
Inspection of Child Day-Care Facilities 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." Care in lieu of parental care given for
part of a 24-hour day to a child under 16 years of age away from
the child's home. The term does not include care in lieu of
parental care given to a child under 16 years of age in a place
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of worship during religious services.
"Child day-care center." Any premises in which child day
care is provided simultaneously for seven or more children who
are not relatives of the provider, regardless of which article
of the act of June 13, 1967 (P.L.31, No.21), known as the Public
Welfare Code, applies to the premises.
"Department." The Department of Human Services of the
Commonwealth.
"Facility." Any of the following:
(1) Child day-care center.
(2) Family day-care home.
"Family day-care home." A home in which child day care is
provided at any one time to four, five or six children who are
not relatives of the provider of the child day care and which is
required to be registered under the act of June 13, 1967 (P.L.
31, No.21), known as the Public Welfare Code.
Section 3. Inspections.
(a) Authority.--The department may enter and inspect a
facility with or without prior notice.
(b) Access.--The department shall have free and full access
to the facility and the facility grounds, the children in the
facility, the records of the facility and the facility staff.
The department shall be given the opportunity to privately
interview children and staff.
(c) Frequency of inspections.--
(1) For a child day-care center, in accordance with
current requirements for an annual inspection under the act
of June 13, 1967 (P.L.31, No.21), known as the Public Welfare
Code, the department shall annually conduct at least one
onsite, unannounced inspection of each facility. This
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unannounced inspection shall be sufficient to meet any
existing requirement for an annual announced or unannounced
inspection. The department shall conduct additional
inspections as required to verify corrections of violations.
(2) For a family day-care home, unannounced inspections
shall be conducted at such times as the department deems
appropriate. Each family day-care home shall be inspected at
least once every four years. A newly registered family day-
care home shall be inspected at least once during the first
year of operation.
(d) Inspections in response to complaints.--
(1) Within 24 hours, excluding days that the department
has determined the facility is not in operation, of the
receipt of a complaint from any person alleging an immediate
and serious risk to the health or safety of a child receiving
child day care at a facility, the department shall conduct an
onsite, unannounced inspection of the facility. Complaints
prompting an inspection pursuant to this subsection shall
include severe injury or death of a child receiving care at
the facility, allegations of child abuse or conditions or
practices that create an immediate and serious risk to a
child.
(2) Except for those complaints under paragraph (1), the
department shall determine the acceptable time frame in which
complaints shall be investigated based upon the seriousness
of the complaint.
(3) This subsection applies to all facilities, including
those that are required to be licensed, supervised or
registered under the Public Welfare Code, but which are not
so licensed, supervised or registered.
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(e) Report to General Assembly.--The department shall submit
on an annual basis a report to the Aging and Youth Committee of
the Senate and the Children and Youth Committee of the House of
Representatives regarding the findings of the inspections
required by this section.
Section 4. Effective date.
This act shall take effect in one year.
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