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PAG LIN 1 1 Section 1. Section 237A.3, subsection 1, paragraphs a, b, 1 2 and d, Code 1997, are amended to read as follows: 1 3 a. A personwho operates or establishesshall not operate 1 4 or establish a family day care homemay apply to the1 5department for registrationunless the person registers under 1 6 this chapter. The department shall issue a certificate of 1 7 registration upon receipt of a statement from the family day 1 8 care home that the home complies with rules adopted by the 1 9 department. The registration certificate shall be posted in a 1 10 conspicuous place in the family day care home, shall state the 1 11 name of the registrant, the number of individuals who may be 1 12 received for care at any one time, and the address of the 1 13 home, and shall include a check list of registration 1 14 compliances. 1 15 b. No greater number of children than is authorized by the 1 16 registration certificate shall be kept in the family day care 1 17 home at any one time. However, a registeredor unregistered1 18 family day care home may provide care for more than six but 1 19 less than twelve children at any one time for a period of less 1 20 than two hours, provided that each child in excess of six 1 21 children is attending school in kindergarten or a higher grade 1 22 level. 1 23 d. In determining the number of children cared for at any 1 24 one time in a registeredor unregisteredfamily day care home, 1 25 if the person who operates or establishes the home is a 1 26 child's parent, guardian, relative, or custodian and the child 1 27 is not attending school in kindergarten or a higher grade 1 28 level or is not receiving child day care full-time on a 1 29 regular basis from another person, the child shall be 1 30 considered to be receiving child day care from the person and 1 31 shall be counted as one of the children cared for in the home. 1 32 Sec. 2. Section 237A.19, unnumbered paragraph 2, Code 1 33 1997, is amended to read as follows: 1 34 A person who establishes, conducts, manages, or operates a 1 35 family or group day care home without registering under this 2 1 chapteror who operates a family day care home contrary to2 2section 237A.5, is guilty ofcommits a simple misdemeanor. 2 3 Each day of continuing violation after conviction, or notice 2 4 from the department by certified mail of the violation, is a 2 5 separate offense. A single charge alleging continuing 2 6 violation may be made in lieu of filing charges for each day 2 7 of violation. 2 8 Sec. 3. Section 237A.20, Code 1997, is amended to read as 2 9 follows: 2 10 237A.20 INJUNCTION. 2 11 A person who establishes, conducts, manages, or operates a 2 12 center without a license or a family or group day care home 2 13 without a certificate of registration may be restrained by 2 14 temporary or permanent injunction. A person who has been 2 15 convicted of a crime against a person or a person with a 2 16 record of founded child abuse may be restrained by temporary 2 17 or permanent injunction from providingunregistered,2 18 registered,or licensed child day care. The action may be 2 19 instituted by the state, a political subdivision of the state, 2 20 or an interested person. 2 21 Sec. 4. Section 237A.21, subsection 1, Code 1997, is 2 22 amended to read as follows: 2 23 1. A state child day care advisory council is established 2 24 consisting of not more than thirty-five members from urban and 2 25 rural areas across the state. The membership shall include, 2 26 but is not limited to, all of the following persons or 2 27 representatives with an interest in child day care: a 2 28 licensed center, a registered family day care home from a 2 29 county with a population of less than twenty-two thousand,an2 30unregistered family day care home,a parent of a child in 2 31 child day care, appropriate governmental agencies, and other 2 32 members as deemed necessary by the director. The members are 2 33 eligible for reimbursement of their actual and necessary 2 34 expenses while engaged in performance of their official 2 35 duties. 3 1 Sec. 5. Section 237A.26, subsection 6, paragraph a, Code 3 2 1997, is amended to read as follows: 3 3 a. Assist families in selecting quality child care. The 3 4 agency must provide referrals to registered and licensed child 3 5 day care facilities, and to persons providing care, 3 6 supervision, or guidance of a child which is not defined as 3 7 child day care under section 237A.1and may provide referrals3 8to unregistered providers. 3 9 Sec. 6. EFFECTIVE DATE. This Act takes effect July 1, 3 10 1999. 3 11 EXPLANATION 3 12 This bill requires family day care homes to be registered 3 13 with the department of human services effective July 1, 1999. 3 14 Under current law in Code section 237A.3, a person 3 15 providing child day care to six or fewer children (or more 3 16 children under certain special circumstance) can choose 3 17 whether or not to register. The bill requires registration 3 18 and strikes references to unregistered day care in Code 3 19 sections 237A.3, 237A.20, 237A.21, and 237A.26. Code section 3 20 237A.19 is amended to provide that a person who operates a 3 21 family day care home without registration is guilty of a 3 22 simple misdemeanor. Code section 237A.20 is amended to 3 23 provide that operation of a family day care home without 3 24 registration may be restrained by injunction. 3 25 LSB 2352SS 77 3 26 jp/jw/5
Text: SF00326 Text: SF00328 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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