THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CRUZ, BISHOP, CALTAGIRONE, DALEY, GRUCELA, JOSEPHS, KORTZ, M. O'BRIEN, PARKER, SABATINA, STABACK AND MURT, FEBRUARY 16, 2010

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 16, 2010  

AN ACT

Providing for dangerous child day-care facilities; and

conferring powers and duties on the Department of Public

Welfare and law enforcement agencies.

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 Dangerous

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

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 operator.

"Department."  The Department of Public Welfare 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 operator.

Section 3.  Dangerous facilities.

(a)  Department responsibility.--If the department finds that

conditions exist which pose an immediate and serious threat to

health, safety or well-being of children being cared for in a

facility, the department shall immediately issue a temporary

order to the facility which shall remain in effect pending the

outcome of a hearing under subsection (d) and, if necessary,

ensure the safe removal of the children from the facility. If

the temporary order specifies that the facility shall be closed,

the department shall inform the parent or other person

responsible for each child present at the facility of the

emergency closure and removal. Department staff shall remain at

the facility until each child is released to the child's parent

or with the department's approval is taken to another safe

location. The following apply:

(1)  The temporary order shall specify that the facility

shall be closed or that specific conditions must be remedied

as a condition of continued operation.

(2)  The temporary order shall specify all conditions

that shall be immediately remedied by the facility.

(3)  The temporary order shall specify the date and time

of any required action or closure of the facility.

(4)  The temporary order shall specify the appeal rights

of the facility.

(b)  Corrective action.--Immediately following the issuance

of a temporary order under subsection (a) and until the hearing

under subsection (d), the department shall monitor the

facility's compliance with the temporary order.

(c)  Law enforcement assistance.--The department may request

and shall receive assistance from law enforcement officials

whenever necessary to implement an order issued under this

section.

(d)  Hearings.--Within seven business days of the issuance of

a temporary order under subsection (a), the department shall

schedule an administrative hearing. If the hearing examiner

rules that there was a violation of a statute or regulation

which posed an immediate and serious threat to health, safety or

well-being of the children being cared for in the facility, the

hearing examiner shall order continued compliance with the

temporary order, issue a new order or order the facility closed

until the conclusion of a certificate revocation procedure. The

decision of the hearing examiner shall be rendered the next

business day after the hearing.

(e)  Certificate revocation.--Within three business days of

an order of closure under subsection (d), the department may

initiate certificate revocation proceedings under the act of

June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,

against the licensee or holder of a certificate of the facility.

(f)  Supersedeas.--The appeal of an emergency order issued

under this section shall be deemed an application for a

supersedeas which shall be granted only if all of the following

apply:

(1)  There is substantial likelihood of success on

appeal.

(2)  Continued operation of the facility pending appeal

will not jeopardize the life, health or safety of children

being cared for in a facility.

(g)  Other emergency action.--Nothing in this section shall

preclude the department from closing or taking other emergency

action under section 1080 of the Public Welfare Code or as

otherwise provided by law with regard to a facility regulated by

the department.

Section 4.  Regulations.

The department shall promulgate regulations to administer

this act.

Section 20.  Effective date.

This act shall take effect in 60 days.