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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY YOUNGBLOOD, BISHOP, CALTAGIRONE, CRUZ, DALEY, DONATUCCI, FABRIZIO, GINGRICH, HALUSKA, KORTZ, MANN, MOUL, PAYTON, READSHAW, REICHLEY, SABATINA AND WATSON, MARCH 3, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 3, 2011 |
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| AN ACT |
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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 |
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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. |
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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. |
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1 | Section 7. Effective date. |
2 | This act shall take effect in one year. |
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