PRIOR PRINTER'S NO. 993
PRINTER'S NO. 2808
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
973
Session of
2023
INTRODUCED BY KAZEEM, DELLOSO, BOROWSKI, CURRY, MADDEN, WAXMAN,
PARKER, CEPEDA-FREYTIZ, HILL-EVANS, FIEDLER, SANCHEZ, GUENST,
HANBIDGE, KHAN, SHUSTERMAN, N. NELSON, HOWARD, D. WILLIAMS,
FREEMAN, GREEN, OTTEN AND KRAJEWSKI, APRIL 24, 2023
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, MARCH 26, 2024
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, further providing for refusal to
issue license, revocation and notice; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 1026(b) and (c) of the act of June 13,
1967 (P.L.31, No.21), known as the Human Services Code, is
amended and the section is amended by adding a subsection to
read:
Section 1026. Refusal to Issue License; Revocation;
Notice.--* * *
(b) The department shall refuse to issue a license, [or]
shall revoke a license, shall impose penalties or shall mandate
corrective actions for any of the following reasons:
(1) Violation of or non-compliance with the provisions of
this act or of regulations pursuant thereto;
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(2) Fraud or deceit in obtaining or attempting to obtain a
license;
(3) Lending, borrowing or using the license of another, or
in any way knowingly aiding or abetting the improper granting of
a license;
(4) Gross incompetence, negligence or misconduct in
operating the facility;
(5) Mistreating or abusing individuals cared for in the
facility[.];
(6) Repeated MORE THAN THREE violations of a child's
specific rights as enumerated in 55 Pa. Code § 3800.32 (relating
to specific rights); or
(7) A violation on the use of restraints as enumerated in
55 Pa. Code § 3800.202 (relating to appropriate use of
restrictive procedures) . ;
(8) A VIOLATION OF THE STAFF HIRING, TRAINING AND
SUPERVISING REQUIREMENTS UNDER 55 PA. CODE § 3800.51 (RELATING
TO CHILD ABUSE AND CRIMINAL HISTORY CHECKS), 3800.52 (RELATING
TO STAFF HIRING, RETENTION AND UTILIZATION), 3800.53 (RELATING
TO DIRECTOR), 3800.54 (RELATING TO CHILD CARE SUPERVISOR),
3800.55 (RELATING TO CHILD CARE WORKER), 3800.56 (RELATING TO
EXCEPTIONS FOR STAFF QUALIFICATIONS), 3800.57 (RELATING TO
SUPERVISION) OR 3800.58 (RELATING TO STAFF TRAINING); OR
(9) A VIOLATION OF THE REQUIREMENT TO PROVIDE A DEPARTMENT
OF EDUCATION-APPROVED SCHOOL PROGRAM OR AN EDUCATIONAL PROGRAM
UNDER CONTRACT WITH A LOCAL PUBLIC SCHOOL DISTRICT IN ACCORDANCE
WITH 55 PA. CODE § 3800.229 (RELATING TO EDUCATION).
(b.1) Penalties IN ADDITION TO REFUSING TO ISSUE A LICENSE
OR REVOKING A LICENSE, PENALTIES and corrective actions may
include imposing fines on a facility or mandating disciplinary
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procedures against a staff member responsible for a violation.
(c) Whenever the department revokes or refuses to issue a
license, imposes penalties or mandates corrective actions, it
shall give written notice thereof by certified mail. Such notice
shall specify the reason for the refusal or revocation.
Section 2. This act shall take effect in 60 days.
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