Bill Text: AZ HB2720 | 2022 | Fifty-fifth Legislature 2nd Regular | Introduced
Bill Title: Day care; infant; definition
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2022-02-09 - House read second time [HB2720 Detail]
Download: Arizona-2022-HB2720-Introduced.html
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REFERENCE TITLE: day care; infant; definition |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2720 |
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Introduced by Representative Jermaine: Senator Bowie
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AN ACT
Amending sections 36-883 and 36-883.05, Arizona Revised Statutes; relating to day care centers.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 36-883, Arizona Revised Statutes, is amended to read:
36-883. Standards of care; rules; classifications; definition
A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well-being of the children to be cared for in a child care facility. These rules shall include standards for the following:
1. Adequate physical facilities for the care of children, such as building construction, fire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the facility, transportation safely to and from the premises.
2. Adequate staffing per number and age groups of children by persons who are qualified by education or experience to meet their respective responsibilities in the care of children.
3. Activities, toys and equipment to enhance the development of each child.
4. Nutritious and well-balanced food.
5. Encouragement of parental participation.
6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.
B. The department shall adopt rules pursuant to title 41, chapter 6 and section 36-115.
C. Any rule that relates to educational activities, physical examination, medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.
D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review, the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children, including:
1. The department of economic security.
2. The department of education.
3. The office of the state fire marshal.
4. The league of Arizona cities and towns.
5. Citizen groups.
6. Licensed child care facility representatives.
7. The department of child safety.
E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:
1. Facilities offering infant care.
2. Facilities offering specific educational programs.
3. Facilities offering evening and nighttime care.
F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule.
G. for the purposes of this section, "infant" has the same meaning prescribed in section 36-883.05.
Sec. 2. Section 36-883.05, Arizona Revised Statutes, is amended to read:
36-883.05. Child care facilities; infants; floor bedding; requirements; emergency evacuation; notice; definitions
A. A child care facility that provides child care services utilizing using the practice of a documented educational philosophy, including least restrictive environment for infants, and that meets the requirements of this section may use floor bedding in the facility instead of cribs.
B. Floor bedding used pursuant to subsection A of this section must meet all of the following requirements:
1. Be a mat that meets the following dimensions:
(a) Is not less than two inches and not more than three inches thick.
(b) Is not less than three feet and not more than four feet long.
(c) Is not less than two feet and not more than three feet wide.
2. Not be elevated or raised in any way.
3. Be covered with a waterproof and washable mattress pad, a washable zip cover and an individually assigned sheet.
4. Be assigned to an individual infant and not shared with another infant.
5. Be turned over at least once a week.
6. Be placed at least eighteen inches apart, eighteen inches from any wall and two feet from any other object.
7. Be placed on a floor that is vacuumed and sanitized every day and, if the floor is carpeted, is shampooed at least twice a month.
C. The ratio of staff members to resting infants in the resting area must be at least one staff member to every four infants. A staff member in the resting area must be supervised for the first ninety days of employment to ensure the staff member's proper use of the floor bedding pursuant to this section. Any staff member in the resting area shall have current certification in cardiopulmonary resuscitation and first aid.
D. If an emergency requiring evacuation occurs, the infant nursery staff shall place the infants in an evacuation crib and move the infants in the crib to a designated evacuation assembly area. Evacuation cribs must be stored not more than ten feet from the exterior exit. If stored on the outside of the building, an evacuation crib must be protected from weather. On arrival at the designated evacuation assembly area, all infants must be physically accounted for against the sign-in log and the results reported to the director of the child care facility immediately. The infant nursery supervisor is responsible for bringing all attendance sheets, child rosters and information sheets to the evacuation assembly area. The child care facility staff shall take appropriate supplies during the evacuation to protect the children, if possible, during inclement weather.
E. A facility shall provide the department written notice thirty days before implementing the use of floor bedding pursuant to this section.
F. If a licensed facility does not comply with the requirements of this section, the department may require the installation of cribs.
G. For the purposes of this section:
1. "Infant" means either:
(a) a child who is twelve eighteen months or younger.
(b) A child who is eighteen months or younger if not walking.
2. "Resting area" means a space within the classroom that is separate from the activity area and that contains only the floor bedding, infants and staff members.
