HF 2301 (LSB 5640YH (2) 88)

HOUSE FILE 2301

BY  JONES

A BILL FOR

An Act relating to unlicensed and unregistered child care facilities exceeding the maximum number of children authorized to be in care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 237A.4A, subsection 5, Code 2020, is amended to read as follows:
   5.  A child care facility fund is created in the state treasury under the authority of the department. The fund is separate from the general fund of the state. Regulatory fees collected under subsection 1 and administrative penalties assessed pursuant to section 237A.9 shall be credited to the fund. Moneys credited to the fund shall not revert to any other fund and are not subject to transfer except as specifically provided by law. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund. Moneys in the fund are annually appropriated to the department to be used for staffing dedicated to monitoring and regulation of child care facilities, contracting, related technology costs, record checks, grants and fee waivers, and other expenses for inspection and regulation of child care facilities. Any full-time equivalent positions paid for out of the fund shall be in addition to other such positions authorized for the department.
    Sec. 2.  NEW SECTION.  237A.9  Administrative penalty.
   1.  The department shall establish by rule, in accordance with chapter 17A, an administrative penalty to be assessed against an unlicensed or unregistered child care facility not to exceed five hundred dollars per child exceeding the maximum number of children authorized to be in care at an unlicensed or unregistered child care facility. If a child care facility completes licensing or registration within ninety days of the determination of a violation and is in compliance with the limits on the maximum number of children authorized to be in care at an unlicensed or unregistered child care facility, the department shall not impose an administrative penalty. 
   2.  Administrative penalties collected by the department under this section shall be deposited in the child care facility fund created pursuant to section 237A.4A, subsection 5.
    Sec. 3.  Section 237A.25, subsection 3, Code 2020, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0d.  Reporting information for an individual with concerns regarding an unlicensed or unregistered child care facility exceeding the maximum number of children allowed to be in care at the facility and information that the department will investigate all complaints in a timely manner. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to unlicensed and unregistered child care facilities exceeding the maximum number of children authorized to be in care and establishing administrative penalties. 
   The bill provides that the department of human services shall establish by rule an administrative penalty to be assessed against an unlicensed or unregistered child care facility not to exceed $500 per child exceeding the maximum number of children authorized to be in care at the child care facility. 
   The bill provides that if a child care facility completes licensing or registration within 90 days of the determination of a violation and is in compliance with the limits on the maximum number of children authorized to be in care at the facility, the department shall not impose an administrative penalty. 
   The bill provides that administrative penalties collected by the department shall be deposited in the child care facility fund created pursuant to Code section 237A.4A.
   The bill requires that the department shall include on its internet page or site reporting information for an individual with concerns regarding an unlicensed or unregistered child care facility exceeding the maximum number of children allowed to be in care at the facility and information that the department will investigate all complaints in a timely manner.