PRIOR PRINTER'S NOS. 40, 1839
PRINTER'S NO. 2310
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, DONATUCCI, ROEBUCK, GIBBONS, McCARTER, MOUL,
YOUNGBLOOD AND KORTZ, JANUARY 21, 2015
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
OCTOBER 5, 2015
AN ACT
Providing for unannounced inspections of certain facilities and
persons that provide child day care; conferring powers and
duties on the Department of Human Services; repealing
provisions of the Public Welfare Code relating to
registration provisions; and abrogating a regulation.
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
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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
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 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 licensed 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.--For a child day-care center
and a family child care DAY-CARE home, 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,
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the department shall annually conduct at least one onsite,
unannounced inspection of each facility. This 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.
(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 or supervised under
the Public Welfare Code, but which are not so licensed or
supervised.
(e) Report to General Assembly.--The department shall submit
on an annual basis a report to the Public Health and Welfare
Committee of the Senate and the Health Committee of the House of
Representatives regarding the findings of the inspections
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required by this section.
Section 4. Licensure of family day-care homes.
Notwithstanding any other provision of law, a family day-care
home shall be licensed under Article X of the act of June 13,
1967 (P.L.31, No.21), known as the Public Welfare Code.
Section 5. Repeals.
Repeals are as follows:
(1) The General Assembly declares that the repeal under
paragraph (2) is necessary to effectuate this act.
(2) Subarticle (c) of Article X of the act of June 13,
1967 (P.L.31, No.21), known as the Public Welfare Code, is
repealed.
Section 6. Abrogation.
The application, inspection and registration provisions under
55 Pa. Code ยง 3290.11 (relating to application for and issuance
of a certificate of registration) are abrogated insofar as they
are inconsistent with this act.
Section 7. Effective date.
This act shall take effect immediately.
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