| HOUSE AMENDED |
| PRIOR PRINTER'S NOS. 44, 758 | PRINTER'S NO. 2222 |
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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE BILL |
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| INTRODUCED BY PICCOLA, KASUNIC AND O'PAKE, JANUARY 20, 2009 |
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| AS REPORTED FROM COMMITTEE ON HEALTH AND HUMAN SERVICES, HOUSE OF REPRESENTATIVES, AS AMENDED, SEPTEMBER 27, 2010 |
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| AN ACT |
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1 | Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An |
2 | act to consolidate, editorially revise, and codify the public |
3 | welfare laws of the Commonwealth," further providing for |
4 | application for registration certificate, for issuance of |
5 | registration certificate and for records; providing for |
6 | disclosure; and further providing for emergency closure. |
7 | The General Assembly of the Commonwealth of Pennsylvania |
8 | hereby enacts as follows: |
9 | Section 1. Sections 1072, 1073 and 1075 of the act of June |
10 | 13, 1967 (P.L.31, No.21), known as the Public Welfare Code, |
11 | added December 5, 1980 (P.L.1112, No.193), are amended to read: |
12 | Section 1072. Application for Registration Certificate.-- |
13 | (a) Any individual desiring to secure a registration |
14 | certificate shall submit an application therefor to the |
15 | department upon forms prepared and furnished by the department, |
16 | and, at the same time, shall certify in writing that he/she and |
17 | the [facility] family day care home named in the application are | <-- |
18 | in compliance with applicable department regulations. Applicants |
19 | shall also provide proof of a current general liability |
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1 | insurance policy that covers all persons who are on the |
2 | premises. |
3 | (b) Application for renewal of the registration certificate |
4 | shall be made every two years in the same manner as application |
5 | for the original registration certificate. |
6 | (c) No application fee shall be required to register a |
7 | family day care home. |
8 | Section 1073. Issuance of Registration Certificate.--Upon |
9 | receipt of an application, proof of current liability insurance |
10 | and the applicant's written certification of compliance with |
11 | applicable department regulations, the department shall issue a |
12 | registration certificate to the applicant for the premises named |
13 | in the application. A registration certificate shall be issued |
14 | for a period of two years. |
15 | Section 1075. Records.--Every individual who operates a |
16 | family day care home registered under this article shall keep |
17 | and maintain such records as required by the department. The |
18 | facility's current registration certificate of the family day | <-- |
19 | care home, a copy of the applicable department regulations, a |
20 | copy of the facility's inspection summary of the family day care | <-- |
21 | home and any other record required by the department shall be |
22 | posted in a conspicuous location used by parents. A current copy |
23 | of the family day care home's insurance policy shall be on file |
24 | at the facility family day care home. | <-- |
25 | Section 2. The act is amended by adding a section to read: |
26 | Section 1075.1. Disclosure.--At the time of the child's |
27 | application, the facility operator of the family day care home | <-- |
28 | shall review with the parent or other responsible person the |
29 | facility's family day care home's registration certificate, | <-- |
30 | inspection summary, insurance policy, emergency plan, general |
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1 | daily schedule, hours in which care is provided, fees, |
2 | responsibilities for meals, clothing, health policies, |
3 | supervision policies, night care policies, dismissal policies, |
4 | transportation, pickup arrangements and any other policy as |
5 | required by the department. Upon enrollment, the facility | <-- |
6 | operator of the family day care home shall execute a written | <-- |
7 | agreement signed by the child's parent or other responsible |
8 | person and the operator that addresses the terms required by the |
9 | department. The facility operator of the family day care home | <-- |
10 | shall maintain emergency contact information as required by the |
11 | department. The facility operator of the family day care home | <-- |
12 | shall also give the child's parent or other responsible person a |
13 | written form prescribed by the department containing the |
14 | following information: |
15 | (1) instructions for obtaining information about the |
16 | facility's registration history and compliance history of the | <-- |
17 | family day care home; and |
18 | (2) instructions for contacting the department to file a |
19 | complaint or make inquiries regarding the facility family day | <-- |
20 | care home. |
21 | Section 3. Section 1080 of the act, added December 5, 1980 |
22 | (P.L.1112, No.193), is amended to read: |
23 | Section 1080. Emergency Closure.--If the department, or |
24 | authorized agent of the department observes a condition at a |
25 | family day care home which places the children cared for therein |
26 | in immediate life-threatening danger, the department shall |
27 | maintain an action in the name of the Commonwealth for an |
28 | injunction or other process restraining or prohibiting the |
29 | operation of the [facility.] family day care home. If the | <-- |
30 | department finds evidence of gross incompetence, negligence, |
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1 | misconduct in operating the family day care home or mistreatment |
2 | or abuse of children likely to constitute an immediate and |
3 | serious danger to the life or health of the children, the |
4 | department shall take immediate action to close the facility | <-- |
5 | family day care home and remove the children from the family day | <-- |
6 | care home. If physical obstruction is offered to prevent removal |
7 | of the children, the department shall request law enforcement |
8 | authorities to assist in the closure of the facility family day | <-- |
9 | care home and removal of the children. The department shall |
10 | inform the parent or other person responsible for each child |
11 | present at the family day care home of the emergency closure and |
12 | removal. Department staff shall remain at the family day care |
13 | home until each child is picked up by his or her parent or taken |
14 | to another safe location. |
15 | Section 4. This act shall take effect in 120 days. |
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