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PRINTER'S NO. 148
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
163
Session of
2015
INTRODUCED BY TALLMAN, KAUFFMAN, SACCONE, DAVIDSON, SAYLOR,
MURT, GILLEN AND KORTZ, JANUARY 22, 2015
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 22, 2015
AN ACT
Regulating religious child-care facilities; providing for the
powers and duties of the Department of Human Services; and
imposing penalties.
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 Religious
Child-Care Facilities Act.
Section 2. Declaration and findings.
The General Assembly finds and declares as follows:
(1) A significant number of parents choose to obtain
child care from religious child-care facilities where
training, values and guidance that are consistent with the
religious views and beliefs of the parents will be imparted
to the child.
(2) It is the policy of the Commonwealth to preserve the
primary right of parents to choose the education, training
and care of their children.
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(3) Nonprofit religious child-care facilities believe
the provision of child care at a reasonable cost to parents
to be part of their religious mission to assist parents in
the care and upbringing of their children.
(4) Because of the religious nature of such facilities,
it is the policy of the Commonwealth to refrain from
subjecting them to unnecessary regulation and undue
governmental intrusion, particularly in religiously sensitive
areas relating to the selection of employees, program content
and guidance.
(5) At the same time, the Commonwealth has a duty to
protect the health and safety of children whose parents
choose to utilize religious child-care services by assuring
that religious child-care providers comply with minimum
health and safety requirements.
(6) It is the intent of the General Assembly to balance
these interests in protecting parental choice, religious
freedom and child safety at religious child-care facilities
by enacting the following provisions to govern the operation
of religious child-care facilities.
Section 3. 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:
"Aide." An individual who:
(1) assists in the provision of care for children at a
facility;
(2) is at least 16 years of age;
(3) has had at least 12 hours of child-care orientation
on facility procedures;
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(4) has completed general first aid and fire safety
training; and
(5) is directly supervised by a primary caregiver or
director.
"Caregiver." An individual who provides child-care services
to children at a facility.
"Child care." Care in lieu of parental care given for part
of the 24-hour day to children under 16 years of age away from
their own homes.
"Department." The Department of Human Services of the
Commonwealth.
"Direct supervision." Oversight of an individual by a
supervisor who:
(1) is onsite;
(2) knows the whereabouts of the supervised individual;
and
(3) is responsible for the proper execution of the
supervised individual's duties, regardless of whether the
supervisor is physically present with the supervised
individual at all times.
"Director." An individual who:
(1) is in charge of a facility;
(2) is at least 21 years of age;
(3) has completed a program of instruction in general
first aid training, including instruction in childhood injury
prevention and infectious diseases; and
(4) has had fire safety training and at least 1,040
hours of experience in teaching or working with children.
"Filing religious child-care facility." A religious child-
care facility other than a nonfiling religious child-care
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facility.
"Nonfiling religious child-care facility." A religious
child-care facility which provides child care:
(1) for children who are two years seven months of age
and older and who are enrolled in a school which is a
nonpublic nonlicensed school that has elected to file an
affidavit as described in section 1327(b) of the act of March
10, 1949 (P.L.30, No.14), known as the Public School Code of
1949;
(2) for children who are two years seven months of age
and older who are enrolled in before-or-after school programs
or summer school programs offered by nonpublic nonlicensed
schools which have elected to file an affidavit as described
in section 1327(b) of the Public School Code of 1949;
(3) to fewer than four children;
(4) to children while their parents are on the premises
during religious instruction or during other youth activities
sponsored by religious entities; or
(5) free of charge.
"Primary caregiver." An individual who:
(1) is responsible for the daily care of children at a
facility;
(2) is at least 18 years of age;
(3) has had general first aid and fire safety training;
and
(4) has had at least 520 hours of experience in teaching
or working with children.
"Religious child-care facility." A premises:
(1) that is operated or controlled or supervised by a
bona fide church, association of churches or other religious
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body that is exempt from taxation under section 501(c)(3) of
the Internal Revenue Code of 1986 (Public Law 99-514, 26
U.S.C. § 1 et seq.); and
(2) in which child care is provided as part of the
religious mission of the church, association of churches or
other religious body.
"Staff person." An individual who may be counted for
purposes of compliance with the staff-to-child ratios required
by this act. The term includes a director, primary caregiver or
aide and may also include an individual who meets those
qualifications but does not receive pay for the individual's
services.
Section 4. Duties of filing religious child-care facilities.
(a) Fire safety requirements.--
(1) A filing religious child-care facility shall comply
with applicable State and local fire safety requirements,
shall adopt a written plan for emergency evacuation, conduct
a fire drill at least every 60 days and keep a written record
thereof on file at the facility.
(2) The filing religious child-care facility shall
ensure that children are able to evacuate the entire building
into a public thoroughfare, or to a fire-safe area within two
and one-half minutes, unless a fire safety expert has
specified in writing that a longer evacuation time is safe.
(b) Compliance with other laws.--A filing religious child-
care facility shall comply with applicable State laws relating
to health and safety promulgated by the Department of
Agriculture, the Department of Environmental Protection, the
Department of Health, the Department of Labor and Industry and
the Department of Transportation and shall maintain an approved
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first-aid kit for emergency treatment that is readily available
to staff.
(c) Parental right of access.--A filing religious child-care
facility shall allow a parent or guardian of a child for whom it
provides care to have access, without prior notice, to the
facility during normal hours of operation or whenever the child
is in the care of a provider unless a court of competent
jurisdiction has limited the parental right of access to the
child and a copy of the court order is on file at the facility.
(d) Child Protective Services Law.--A filing religious
child-care facility shall comply with applicable provisions of
23 Pa.C.S. Ch. 63 (relating to child protective services),
including requirements for obtaining criminal background and
child abuse checks for employees and for reporting child abuse.
(e) Staffing.--
(1) A filing religious child-care facility shall have:
(i) One or more persons who hold a current
certificate of completion of pediatric first aid training
at the facility when children are in care. The pediatric
first aid training must include choke-saving and rescue
breathing techniques.
(ii) At least one person at the facility who holds a
current certificate of completion of training in infant
and child cardiopulmonary resuscitation (CPR) when a
child, whose physician has determined that the child is
at increased risk for needing heart resuscitation, is in
care at the facility.
(2) A filing religious child-care facility shall provide
one staff person for every four children who are from birth
to one year of age; one staff person for every five children
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who are between one and two years of age; and one staff
person for every six children between two and three years of
age. All children shall be directly supervised by a staff
person.
(3) (i) When children are swimming or wading, the
filing religious child-care facility shall provide one
staff person for every child from birth to one year of
age; one staff person for every two children who are
between one and three years of age; one staff person for
every five children between three and six years of age;
and one staff person for every eight school-age children.
(ii) If children are in mixed age groups with no
children younger than three years of age in care, the
staff ratio applicable for the majority of children in
care shall apply.
(iii) Parents and adult volunteers may be counted
for purposes of determining water safety ratios.
(f) Staff medical examinations.--
(1) A filing religious child-care facility shall require
that all prospective staff persons, prior to employment,
obtain a medical examination and health statement from a
licensed physician, certified registered nurse practitioner
or licensed physician's assistant. The examination shall
include tests to determine whether the individual is free of
serious communicable disease that may be spread through
casual contact and the health statement shall indicate
whether the individual has any such disease.
(2) A staff person who is not free of such disease may
not be employed or utilized by a filing religious child-care
facility unless the health statement indicates that the
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individual will not pose a serious threat to the health of
children in care.
(3) The health statement shall be maintained on file at
the filing religious child-care facility.
(g) Child medical examination and immunization.--
(1) A filing religious child-care facility shall require
that each child who enrolls in the filing religious child-
care facility has obtained a medical examination from a
licensed physician, certified registered nurse practitioner
or licensed physician's assistant within the 12 months
preceding enrollment and has obtained age-appropriate
immunizations.
(2) A record of the medical examination and immunization
shall be maintained on file at the filing religious child-
care facility no later than 60 days following enrollment
unless the child is exempt from immunization pursuant to 28
Pa. Code § 23.84 (relating to exemption from immunization)
and the filing religious child-care facility has written
documentation of the exemption.
(h) Renewal of caregiver training.--A filing religious
child-care facility shall require that caregivers renew their
required training on or before expiration of any certification
for such training, if applicable, or every three years.
(i) Affidavit from facility.--
(1) A filing religious child-care facility shall file an
affidavit with the department which states the following:
(i) The name, address and telephone number of the
facility.
(ii) The name and address of the religious entity or
entities that control, operate or supervise the facility.
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(iii) The name of the director or chief
administrator of the facility.
(iv) That the facility is in compliance with
applicable Federal and State civil rights statutes.
(2) A filing religious child-care facility shall file an
amended affidavit with the department within 30 days if any
information contained in the affidavit, which previously was
submitted, changes.
(j) Facility plan.--
(1) A filing religious child-care facility shall develop
a written plan outlining its own:
(i) Procedures for handling medical emergencies,
including maintenance of emergency contact information
for each child in care.
(ii) Program of typical daily activities.
(iii) Health and safety procedures, including drop-
off and pick-up procedures and procedures for dispensing
medications.
(iv) Procedures for food handling.
(v) Procedures for maintaining sanitary conditions.
(vi) Fee schedules.
(vii) Staff qualifications.
(2) The plan shall be provided to parents and guardians
prior to enrollment of their children in the facility.
(k) General health and safety maintained.--
(1) A filing religious child-care facility shall
maintain ventilation, temperature, lighting and heat sources
so as not to endanger the health or safety of children in
care.
(2) No child may be exposed to hazardous materials and
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conditions such as toxins and poisons, unprotected electrical
outlets and firearms.
(l) Insurance.--A filing religious child-care facility shall
maintain comprehensive general liability insurance to cover
persons who are on the premises. A current copy of the insurance
policy shall be on file at the facility.
Section 5. Time for filing and compliance with qualifications.
(a) Time for filing.--
(1) A religious child-care facility which operates on
the effective date of this section and does not qualify as a
nonfiling religious child-care facility shall file with the
department the affidavit required by section 4(i) within 90
days.
(2) Any other religious child-care facility which is
required to file under this act must do so at least 14 days
before commencement of operations.
(b) Existing personnel.--The existing director and child
caregivers of a religious child-care facility which is required
by this act to file and has been in operation prior to the
effective date of this section shall be permitted to continue to
provide child care at the facility under this act, provided that
these individuals satisfy the requirements for their respective
duties and obtain required medical examinations and health
statements within one year of the effective date of this
section.
Section 6. Powers and duties of department.
(a) Inspections.--
(1) The department shall conduct at least one annual
unannounced visit and inspection of each filing religious
child-care facility in which care is provided to seven or
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more children. The inspection shall be conducted during
normal operating hours or at other times when children are
being cared for at the facility to determine whether the
facility is in compliance with the requirements of this act.
(2) The department shall visit and inspect filing
religious child-care facilities in which care is provided to
fewer than seven children as deemed appropriate by the
department.
(3) The department shall conduct additional inspections
of a filing religious child-care facility if it has
reasonable cause to believe that the inspections are
necessary to protect the health and safety of children in
care at the facility.
(4) (i) The department shall conduct an onsite
unannounced inspection, within 24 hours, excluding days
that the department has determined a filing religious
child-care facility is not in operation, upon receipt of
a complaint alleging an immediate and serious risk to the
health or safety of a child in care at a filing facility.
(ii) Complaints prompting an inspection pursuant to
this paragraph shall include severe injury or death of a
child in care, allegations of child abuse or conditions
or practices that create an immediate and serious risk to
a child.
(5) At its first inspection of a filing religious child-
care facility pursuant to this act, the department shall
provide the facility with a copy of this act.
(b) Enforcement of substantial compliance.--
(1) Whenever, upon visitation and inspection, the
department finds that a filing religious child-care facility
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is in substantial noncompliance with this act, the department
shall give written notice to the facility concerning the
nature of the alleged noncompliance and shall direct the
director or chief administrator of the filing religious
child-care facility to comply with this act.
(2) If substantial compliance does not occur within 30
days of the date of the notice, the department may thereafter
institute appropriate legal proceedings in the court of
common pleas of the county in which the filing religious
child-care facility is located to enforce substantial
compliance.
(c) Emergency closure of dangerous facilities.--
(1) If the department finds that conditions exist that
pose an immediate and serious risk to the health or safety of
children in care at a filing religious child-care facility,
the department shall take immediate action necessary to
protect the children.
(2) The department may also apply to the court of common
pleas of the county in which the filing religious child-care
facility is located for immediate injunctive relief,
including removal of children from the facility or closure of
the facility. In such case, the department shall bear the
burden of proving that conditions exist that pose an
immediate and serious risk to the health or safety of
children in care that necessitate the relief requested.
(d) Filing fee prohibited.--The department may not charge
filing religious child-care facilities a fee for filing the
affidavit required under section 4(i).
Section 7. Autonomy of religious child-care facilities.
(a) Program and selection of personnel and children.--The
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department, any other governmental agency, political subdivision
or other governmental entity may not attempt to exercise
authority over the program, curriculum, ministry, teaching or
instruction offered in a religious child-care facility. Nor
shall any such governmental entity attempt to exercise authority
over the selection of children who enroll in a religious child-
care facility.
(b) Other laws preempted.--
(1) The department shall not have any authority over
religious child-care facilities, except as specifically
provided for in this act.
(2) An ordinance, rule, regulation or other requirement
of a political subdivision which purports to regulate a
religious child-care facility is preempted and superseded,
except as provided under section 4(a) or as provided by any
generally applicable building code or zoning ordinance.
Section 8. Other provisions.
(a) Voluntary compliance.--
(1) A nonfiling religious child-care facility may
voluntarily become a filing religious child-care facility by
filing an affidavit with the department pursuant to section
4(i) and complying with the provisions of this act.
(2) Nothing in this act shall be construed to prevent a
religious child-care facility from voluntarily obtaining a
certificate of compliance or license from the department in
lieu of filing pursuant to this act and of complying with
this act.
(b) Public school code affidavits.--A nonfiling religious
child-care facility that provides care for children who are two
years seven months and older and are enrolled in a school that
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is registered as, or is part of, a nonpublic nonlicensed school
that files an affidavit as described in section 1327(b) of the
act of March 10, 1949 (P.L.30, No.14), known as the Public
School Code of 1949, shall comply with health and safety
requirements imposed upon nonpublic nonlicensed schools and
shall meet the requirements of section 4(g).
Section 9. Penalties.
A person commits a misdemeanor of the second degree if, with
intent to mislead a public servant in performing his official
function, the person makes a false statement which the person
does not believe to be true in an affidavit required to be filed
by section 4(i).
Section 10. Eligibility for governmental assistance.
(a) General rule.--A religious child-care facility which
files an affidavit under section 4(i) and is in substantial
compliance with this act, shall be deemed an eligible provider
of child-care services for which Federal, State or local
assistance is available to parents.
(b) Limitation on department.--The department may not submit
any State plan to the Federal Government for funding of child-
care services which would limit the ability of filing religious
child-care facilities to accept certificates, vouchers or other
forms of disbursement provided to parents for child-care
services unless such limits are expressly required by Federal
law.
Section 11. Effective date.
This act shall take effect in 90 days.
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