THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PAYNE, HESS, GEIST, GRELL, FABRIZIO, MOUL, O'NEILL, READSHAW, REICHLEY AND SWANGER, JANUARY 21, 2011

REFERRED TO COMMITTEE ON HUMAN SERVICES, JANUARY 21, 2011  

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 application for

registration certificate, for issuance of registration

certificate and for records; providing for disclosure; and

further providing for emergency closure.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 1072, 1073 and 1075 of the act of June

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

added December 5, 1980 (P.L.1112, No.193), are amended to read:

Section 1072.  Application for Registration Certificate.--

(a)  Any individual desiring to secure a registration

certificate shall submit an application therefor to the

department upon forms prepared and furnished by the department,

and, at the same time, shall certify in writing that he/she and

the [facility] family day care home named in the application are

in compliance with applicable department regulations. Applicants

shall also provide proof of a current general liability

insurance policy that covers all persons who are on the

premises.

(b)  Application for renewal of the registration certificate

shall be made every two years in the same manner as application

for the original registration certificate.

(c)  No application fee shall be required to register a

family day care home.

Section 1073.  Issuance of Registration Certificate.--Upon

receipt of an application, proof of current liability insurance 

and the applicant's written certification of compliance with

applicable department regulations, the department shall issue a

registration certificate to the applicant for the premises named

in the application. A registration certificate shall be issued

for a period of two years.

Section 1075.  Records.--Every individual who operates a

family day care home registered under this article shall keep

and maintain such records as required by the department. The

current registration certificate of the family day care home, a

copy of the applicable department regulations, a copy of the

inspection summary of the family day care home and any other

record required by the department shall be posted in a

conspicuous location used by parents. A current copy of the

family day care home's insurance policy shall be on file at the

family day care home.

Section 2.  The act is amended by adding a section to read:

Section 1075.1.  Disclosure.--At the time of the child's

application, the operator of the family day care home shall

review with the parent or other responsible person the family

day care home's registration certificate, inspection summary,

insurance policy, emergency plan, general daily schedule, hours

in which care is provided, fees, responsibilities for meals,

clothing, health policies, supervision policies, night care

policies, dismissal policies, transportation, pickup

arrangements and any other policy as required by the department.

Upon enrollment, the operator of the family day care home shall

execute a written agreement signed by the child's parent or

other responsible person and the operator that addresses the

terms required by the department. The operator of the family day

care home shall maintain emergency contact information as

required by the department. The operator of the family day care

home shall also give the child's parent or other responsible

person a written form prescribed by the department containing

the following information:

(1)  instructions for obtaining information about the

registration history and compliance history of the family day

care home; and

(2)  instructions for contacting the department to file a

complaint or make inquiries regarding the family day care home.

Section 3.  Section 1080 of the act, added December 5, 1980

(P.L.1112, No.193), is amended to read:

Section 1080.  Emergency Closure.--If the department, or

authorized agent of the department observes a condition at a

family day care home which places the children cared for therein

in immediate life-threatening danger, the department shall

maintain an action in the name of the Commonwealth for an

injunction or other process restraining or prohibiting the

operation of the [facility.] family day care home. If the

department finds evidence of gross incompetence, negligence,

misconduct in operating the family day care home or mistreatment

or abuse of children likely to constitute an immediate and

serious danger to the life or health of the children, the

department shall take immediate action to close the family day

care home and remove the children from the family day care home.

If physical obstruction is offered to prevent removal of the

children, the department shall request law enforcement

authorities to assist in the closure of the family day care home 

and removal of the children. The department shall inform the

parent or other person responsible for each child present at the

family day care home of the emergency closure and removal.

Department staff shall remain at the family day care home until

each child is picked up by his or her parent or taken to another

safe location.

Section 4.  This act shall take effect in 120 days.