Bill Text: PA HB905 | 2011-2012 | Regular Session | Introduced


Bill Title: Providing for visitation and inspection of family day-care homes and for reporting; and making a related repeal.

Spectrum: Moderate Partisan Bill (Democrat 13-4)

Status: (Introduced - Dead) 2011-03-03 - Referred to CHILDREN AND YOUTH [HB905 Detail]

Download: Pennsylvania-2011-HB905-Introduced.html

  

 

    

PRINTER'S NO.  970

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

905

Session of

2011

  

  

INTRODUCED BY YOUNGBLOOD, BISHOP, CALTAGIRONE, CRUZ, DALEY, DONATUCCI, FABRIZIO, GINGRICH, HALUSKA, KORTZ, MANN, MOUL, PAYTON, READSHAW, REICHLEY, SABATINA AND WATSON, MARCH 3, 2011

  

  

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 3, 2011  

  

  

  

AN ACT

  

1

Providing for visitation and inspection of family day-care homes

2

and for reporting; and making a related repeal.

3

The General Assembly of the Commonwealth of Pennsylvania

4

hereby enacts as follows:

5

Section 1.  Short title.

6

This act shall be known and may be cited as the Family Day-

7

Care Home Inspection Act.

8

Section 2.  Definitions.

9

The following words and phrases when used in this act shall

10

have the meanings given to them in this section unless the

11

context clearly indicates otherwise:

12

"Child day care."  As defined by section 1070 of the act of

13

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

14

"Department."  The Department of Public Welfare of the

15

Commonwealth.

16

"Family day-care home."  As defined by section 1070 of the

17

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

 


1

Welfare Code.

2

Section 3.  Visitation and inspection.

3

(a)  General rule.--The department or authorized agent of the

4

department shall have the right to enter, visit and inspect any

5

family day-care home registered or requiring registration under

6

Article X of the act of June 13, 1967 (P.L.31, No.21), known as

7

the Public Welfare Code, and shall have free and full access to

8

the premises, where children are cared for, all records of the

9

premises which relate to the children's care and the children

10

cared for in the family day-care home and full opportunity to

11

speak with or observe the children.

12

(b)  Frequency.--

13

(1)  Except as set forth in paragraph (2) the department

14

shall inspect each family day-care home at least once every

15

two years to determine compliance with applicable regulations

16

and laws.

17

(2)  Biennial inspections shall be phased in over a four-

18

year period as follows:

19

(i)  A minimum 25% of registered family day-care

20

homes shall be inspected within one year of the effective

21

date of this section.

22

(ii)  A minimum of 50% of registered family day-care

23

homes shall be inspected within two years of the

24

effective date of this section.

25

(iii)  A minimum of 75% of registered family day-care

26

homes shall be inspected within three years of the

27

effective date of this section.

28

(iv)  All registered family day-care homes shall be

29

inspected within four years of the effective date of this

30

section.

- 2 -

 


1

Section 4.  Response to complaints.

2

The department shall by regulation set forth time frames for

3

the department's response to and investigation of complaints

4

involving a family day-care home. Time frames shall take into

5

consideration the circumstances described in each complaint and

6

possible risk of harm to the health or safety of a child

7

receiving child day care in the family day-care home.

8

Section 5.  Annual report on inspections.

9

No later than May 1 of each year, the department shall

10

publish a report summarizing its inspections relating to family

11

day-care homes and enforcement of applicable laws and

12

regulations. As part of its report, the department shall

13

identify:

14

(1)  The number of registered family day-care homes.

15

(2)  The number of inspectors available to inspect family

16

day-care homes.

17

(3)  The types of complaints received.

18

(4)  Violations investigated by the department.

19

(5)  Penalties applied for violations.

20

(6)  Effectiveness in enforcing compliance with laws and

21

regulations.

22

(7)  Quality assurance practices to ensure objectivity of

23

inspectors.

24

(8)  Any recommendations.

25

Section 6.  Repeal.

26

(a)  Declaration.--The General Assembly hereby declares that

27

the repeal under subsection (b) is necessary to effectuate the

28

provisions of this act.

29

(b)  Repeal.--Section 1074 of the act of June 13, 1967

30

(P.L.31, No.21), known as the Public Welfare Code, is repealed.

- 3 -

 


1

Section 7.  Effective date.

2

This act shall take effect in one year.

- 4 -

 


feedback