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House of Representatives
Session of 2013 - 2014 Regular Session


Posted: December 11, 2012 02:31 PM
From: Representative John D. Payne
To: All House members
Subject: Co-Sponsorship - Day Care Liability Insurance
I plan to introduce legislation, House Bill 152 from last Session, amending the Public Welfare Code which will require all family day care home providers to have liability insurance as a condition of their certification. The legislation will also require these providers to disclose information to parents who may enroll their child in that facility.

Family day care homes are child day care centers, based in a residential home, which provide care to four through six children who are not relatives of the caregiver. These types of day cares are self-certifying, which means that providers must only submit a report to the Department of Public Welfare (DPW) that states that they are in compliance with all regulations for certification. Regulations currently encourage the approximately 4,500 family day care homes in the state to carry liability insurance, but it not mandated.

Since DPW has limited resources, it is difficult for the Department’s staff to conduct inspections. Family day cares can go for years without oversight unless a complaint is filed against them.

Mandating providers to carry liability insurance would protect the provider in the event of an accident on the premises. It would also provide the parent with another level of security by ensuring that the facility is safe for their child.

The legislation will also require family day care providers to disclose to parents any inspection summaries issued by DPW, the day care’s policies, emergency plans, etc. Parents should be fully informed of family day care’s history and current policies prior to a child’s enrollment with the provider.

Introduced as HB197