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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY LENTZ, BELFANTI, BRADFORD, BRIGGS, DONATUCCI, FRANKEL, GINGRICH, GRUCELA, HORNAMAN, JOHNSON, MAHONEY, MANN, MURT, READSHAW, SIPTROTH, K. SMITH, VULAKOVICH, WATERS, WATSON AND YOUNGBLOOD, OCTOBER 18, 2010 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 18, 2010 |
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| AN ACT |
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1 | Imposing a duty on operators and staff persons at certain |
2 | facilities to contact the parents of children enrolled at the |
3 | facility under certain circumstances; and providing for |
4 | administrative fine and for powers and duties of Department |
5 | of Public Welfare. |
6 | The General Assembly of the Commonwealth of Pennsylvania |
7 | hereby enacts as follows: |
8 | Section 1. Short title. |
9 | This act shall be known and may be cited as the Child Day |
10 | Care Parent First Alert Act. |
11 | Section 2. Definitions. |
12 | The following words and phrases when used in this act shall |
13 | have the meanings given to them in this section unless the |
14 | context clearly indicates otherwise: |
15 | "Child." A person who is under 16 years of age. |
16 | "Child day care." Care in lieu of parental care given for |
17 | part of a 24-hour day to children away from their own homes. The |
18 | term does not include such care furnished in places of worship |
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1 | during religious services. |
2 | "Child day-care center." The premises in which child day |
3 | care is provided at any one time for seven or more children |
4 | unrelated to the operator. |
5 | "Custodial child-care facility." A child day-care center as |
6 | defined under section 1001 of the act of June 13, 1967 (P.L.31, |
7 | No.21), known as the Public Welfare Code, or nursery school |
8 | licensed or regulated by the Commonwealth. |
9 | "Department." The Department of Public Welfare of the |
10 | Commonwealth. |
11 | "Established arrival time." The time specified in an |
12 | original agreement signed by an operator and the parent of a |
13 | child that specifies the child's arrival and departure times. |
14 | "Facility." A child day-care center, custodial child-care |
15 | facility, family child day-care home or group child day-care |
16 | home. |
17 | "Family child day-care home." A home, other than a child's |
18 | own home, operated for profit or not-for-profit, in which child |
19 | day care is provided at any one time to between four and six |
20 | children unrelated to the operator. |
21 | "Group child day-care home." The premises in which child day |
22 | care is provided at one time for more than six but fewer than 16 |
23 | school-age-level children or more than six but fewer than 13 |
24 | children of another age level who are unrelated to the operator. |
25 | The term includes a facility located in a residence or in |
26 | another premises. |
27 | "Operator." The legal entity or a person designated by a |
28 | legal entity to serve as director or primary staff person of a |
29 | facility. |
30 | "Parent." The biological or adoptive mother or father or the |
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1 | guardian of a child. |
2 | "Staff person." A person included in the regulatory ratio |
3 | who is responsible for child-care activities. |
4 | Section 3. Parent first alert. |
5 | The operator or staff person employed by a facility shall |
6 | attempt to contact the parent of a child who is enrolled at the |
7 | facility within 30 minutes of the established arrival time for |
8 | the enrolled child if the child does not arrive as expected and |
9 | the parent has not notified the operator or staff person. The |
10 | operator or staff person shall utilize the home and work |
11 | telephone numbers of the enrolling parent as provided for in 55 |
12 | Pa. Code § 3290.124(b)(3) (relating to emergency contact |
13 | information). |
14 | Section 4. Administrative fine. |
15 | An operator or staff person employed by a facility who fails |
16 | to comply with the requirements of section 3 shall be subject to |
17 | an administrative fine of $100. |
18 | Section 5. Rules and regulations. |
19 | The department shall promulgate rules and regulations within |
20 | 120 days of the effective date of this section to administer |
21 | this act. |
22 | Section 6. Effective date. |
23 | This act shall take effect in 120 days. |
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