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Text: SF00345                           Text: SF00347
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Senate File 346

Partial Bill History

Bill Text

PAG LIN
  1  1                           DIVISION I
  1  2                 FAMILY AND GROUP DAY CARE HOMES
  1  3                    CLASSIFICATIONS COMBINED
  1  4    Section 1.  Section 237A.1, subsection 3, Code 1997, is
  1  5 amended to read as follows:
  1  6    3.  "Child care center" or "center" means a facility
  1  7 providing child day care for seven five or more children,
  1  8 except when the facility is registered as a family day child
  1  9 care home or group day care home.
  1 10    Sec. 2.  Section 237A.1, Code 1997, is amended by adding
  1 11 the following new subsection:
  1 12    NEW SUBSECTION.  3A.  "Child care home" means a person or
  1 13 program which provides child day care in accordance with the
  1 14 provisions of section 237A.3.
  1 15    Sec. 3.  Section 237A.1, subsection 4, unnumbered paragraph
  1 16 1, Code 1997, is amended to read as follows:
  1 17    "Child day care" means the care, supervision, or guidance
  1 18 of a child by a person other than the child's parent,
  1 19 guardian, relative, or custodian for periods of less than
  1 20 twenty-four hours per day per child on a regular basis in a
  1 21 place other than the child's home, but does not include care,
  1 22 supervision, or guidance of a child by any of the following:
  1 23    Sec. 4.  Section 237A.1, subsection 5, Code 1997, is
  1 24 amended to read as follows:
  1 25    5.  "Child day care facility" or "facility" means a child
  1 26 care center, group day care home, or registered family day
  1 27 child care home.
  1 28    Sec. 5.  Section 237A.1, subsections 8 and 12, Code 1997,
  1 29 are amended by striking the subsections.
  1 30    Sec. 6.  Section 237A.3, Code 1997, is amended by striking
  1 31 the section and inserting in lieu thereof the following:
  1 32    237A.3  REGISTRATION OF CHILD CARE HOMES.
  1 33    1.  DEFINITIONS.  For the purposes of this section, unless
  1 34 the context otherwise requires:
  1 35    a.  "Children receiving care on a part-time basis" means
  2  1 children who are present in a child care home for ninety hours
  2  2 per month or less.
  2  3    b.  "Infant" means a child who is less than two years of
  2  4 age.
  2  5    c.  "School" means kindergarten or a higher grade level.
  2  6    2.  REGISTRATION REQUIREMENT – FEES.
  2  7    a.  A person shall not operate or establish a child care
  2  8 home which provides care to more than three infants at any one
  2  9 time or to more than four children at any one time unless the
  2 10 child care home is registered in accordance with this section.
  2 11 The registration process may be repeated on an annual basis as
  2 12 provided by rule.
  2 13    b.  A person who is a child foster care licensee under
  2 14 chapter 237 must register as a child care home provider in
  2 15 order to operate or establish a child care home.
  2 16    c.  A person or program which provides care, supervision,
  2 17 or guidance to a child which is not defined as child day care
  2 18 under section 237A.1, subsection 4, may be issued a
  2 19 certificate of registration under this chapter.
  2 20    d.  Four levels of registration requirements are applicable
  2 21 to registered child care homes in accordance with this section
  2 22 and rules adopted pursuant to section 237A.12.  The rules
  2 23 shall apply requirements to each level for the amount of space
  2 24 available per child, provider qualifications and training, and
  2 25 other minimum standards.  A registration fee shall be charged
  2 26 to each level of registration, in an amount determined by the
  2 27 department based upon the differential cost of regulation
  2 28 relative to a registration level.  Registration fees shall be
  2 29 deposited in the child day care credit fund.
  2 30    3.  NUMBER OF CHILDREN.  In determining the number of
  2 31 children cared for at any one time in a registered or
  2 32 unregistered child care home, each child present shall be
  2 33 considered to be receiving care unless the child is described
  2 34 by one of the following exceptions:
  2 35    a.  The child's parent, guardian, or custodian operates or
  3  1 establishes the home and the child is attending school or the
  3  2 child receives child day care full-time on a regular basis
  3  3 from another person.
  3  4    b.  The child has been present in the child care home for
  3  5 more than seventy-two consecutive hours and meets the
  3  6 requirements of paragraph "a" as though the person who
  3  7 operates or establishes the home is the child's parent,
  3  8 guardian, or custodian.
  3  9    4.  REGISTRATION CERTIFICATE.  The department shall issue a
  3 10 certificate of registration upon receipt of a statement from
  3 11 the child care home or an inspection verifying that the child
  3 12 care home complies with rules adopted by the department.  The
  3 13 registration certificate shall be posted in a conspicuous
  3 14 place in the child care home and shall state the name of the
  3 15 registrant, the registration level of the child care home, the
  3 16 number of children who may be present for care at any one
  3 17 time, and the address of the child care home.  In addition,
  3 18 the certificate shall include a check list of registration
  3 19 compliances.
  3 20    5.  REVOCATION OR DENIAL OF REGISTRATION.  If the
  3 21 department has denied or revoked a registration because a
  3 22 person has continually or repeatedly failed to operate a
  3 23 registered or licensed child day care facility in compliance
  3 24 with this chapter and rules adopted pursuant to this chapter,
  3 25 the person shall not operate or establish a registered child
  3 26 care home for a period of six months from the date the
  3 27 registration or license is denied or revoked.  The department
  3 28 shall not act on an application for registration submitted by
  3 29 the person during the six-month period.
  3 30    6.  INCLEMENT WEATHER EXCEPTION.  If school classes have
  3 31 been cancelled due to inclement weather, a registered child
  3 32 care home may have additional children present in accordance
  3 33 with the authorization for the registration level of the child
  3 34 care home and subject to all of the following conditions:
  3 35    a.  The child care home has prior written approval from the
  4  1 parent or guardian of each child present in the child care
  4  2 home concerning the presence of additional children in the
  4  3 child care home.
  4  4    b.  The child care home has a responsible individual, age
  4  5 fourteen or older, on duty to assist the care provider as
  4  6 required for the registration level of the child care home.
  4  7    c.  One or more of the following conditions is applicable
  4  8 to each of the additional children present in the child care
  4  9 home:
  4 10    (1)  The child care home provides care to the child on a
  4 11 regular basis for periods of less than two hours.
  4 12    (2)  If the child was not present in the child care home,
  4 13 the child would be unattended.
  4 14    (3)  The child care home regularly provides care to a
  4 15 sibling of the child.
  4 16    7.  FIRE SAFETY.  In consultation with the state fire
  4 17 marshal, the department shall adopt rules relating to the
  4 18 provision of fire extinguishers, smoke detectors, and two
  4 19 exits accessible to children in a registered child care home.
  4 20    8.  SICK CHILDREN.  The department shall adopt rules
  4 21 relating to the provision of a separate area for sick children
  4 22 in those child care homes which are registered at levels III
  4 23 and IV.
  4 24    9.  LEVEL I REGISTRATION.  All of the following
  4 25 requirements shall apply to a level I registered child care
  4 26 home:
  4 27    a.  Except as otherwise provided in this subsection, not
  4 28 more than six children shall be present at any one time.
  4 29    b.  Not more than three children who are infants shall be
  4 30 present at any one time.
  4 31    c.  In addition to the number of children authorized in
  4 32 paragraph "a", not more than two children who attend school
  4 33 may be present for a period of less than two hours at any one
  4 34 time.
  4 35    d.  Not more than eight children shall be present at any
  5  1 one time when an inclement weather exception is in effect.
  5  2    10.  LEVEL II REGISTRATION.  All of the following
  5  3 requirements shall apply to a level II registered child care
  5  4 home:
  5  5    a.  Except as otherwise provided in this subsection, not
  5  6 more than six children shall be present at any one time.
  5  7    b.  Not more than three children who are infants shall be
  5  8 present at any one time.
  5  9    c.  In addition to the number of children authorized in
  5 10 paragraph "a", not more than four children who attend school
  5 11 may be present for a period of less than two hours at any one
  5 12 time.
  5 13    d.  In addition to the number of children authorized in
  5 14 paragraph "a", not more than two children who are receiving
  5 15 care on a part-time basis may be present.
  5 16    e.  Not more than twelve children shall be present at any
  5 17 one time when an inclement weather exception is in effect.
  5 18 However, if more than eight children are present during an
  5 19 inclement weather exception, the provider shall be assisted by
  5 20 a person who is at least fourteen years of age.
  5 21    11.  LEVEL III REGISTRATION.  All of the following
  5 22 requirements shall apply to a level III registered child care
  5 23 home:
  5 24    a.  Except as otherwise provided in this subsection, not
  5 25 more than six children shall be present at any one time.
  5 26    b.  Not more than three children who are infants shall be
  5 27 present at any one time.
  5 28    c.  In addition to the number of children authorized in
  5 29 paragraph "a", not more than four children who attend school
  5 30 may be present.
  5 31    d.  In addition to the number of children authorized in
  5 32 paragraph "a", not more than two children who are receiving
  5 33 care on a part-time basis may be present.
  5 34    e.  Not more than twelve children shall be present at any
  5 35 one time when an inclement weather exception is in effect.
  6  1    f.  If more than eight children are present at any one
  6  2 time, the provider shall be assisted by a person who is at
  6  3 least fourteen years of age.
  6  4    12.  LEVEL IV REGISTRATION.  All of the following
  6  5 requirements shall apply to a level IV registered child care
  6  6 home:
  6  7    a.  Except as otherwise provided in this subsection, not
  6  8 more than twelve children shall be present at any one time.
  6  9 If more than seven children are present, a second person must
  6 10 be present who meets the individual qualifications for child
  6 11 care home registration.
  6 12    b.  Not more than four children who are infants shall be
  6 13 present at any one time and of these children, not more than
  6 14 two shall be less than one year old.
  6 15    c.  In addition to the number of children authorized in
  6 16 paragraph "a", not more than two children who attend school
  6 17 may be present for a period of less than two hours at any one
  6 18 time.
  6 19    d.  In addition to the number of children authorized in
  6 20 paragraph "a", not more than two children who are receiving
  6 21 care on a part-time basis may be present.
  6 22    e.  Not more than sixteen children shall be present at any
  6 23 one time when an inclement weather exception is in effect.  If
  6 24 more than eight children are present at any one time during an
  6 25 inclement weather exception, the provider shall be assisted by
  6 26 a person who is at least fourteen years of age.  
  6 27                           DIVISION II
  6 28                      CONFORMING AMENDMENTS
  6 29    Sec. 7.  Section 232.69, subsection 1, paragraph b,
  6 30 subparagraph (7), Code 1997, is amended to read as follows:
  6 31    (7)  An employee or operator of a licensed child care
  6 32 center or registered group day care home or registered family
  6 33 day child care home.
  6 34    Sec. 8.  Section 237.1, subsection 4, paragraph d, Code
  6 35 1997, is amended to read as follows:
  7  1    d.  Child day care furnished by a child care center, group
  7  2 day care home, or family day child care home as defined in
  7  3 section 237A.1.
  7  4    Sec. 9.  Section 237A.4, Code 1997, is amended to read as
  7  5 follows:
  7  6    237A.4  INSPECTION AND EVALUATION.
  7  7    The department shall make periodic inspections of licensed
  7  8 centers to insure compliance with licensing requirements
  7  9 provided in this chapter, and the local boards of health may
  7 10 make periodic inspections of licensed centers to insure
  7 11 compliance with health-related licensing requirements provided
  7 12 in this chapter.  The administrator may inspect records
  7 13 maintained by a licensed center and may inquire into matters
  7 14 concerning these centers and the persons in charge.  The
  7 15 administrator shall require that the center be inspected by
  7 16 the state fire marshal or a designee for compliance with rules
  7 17 relating to fire safety before a license is granted or
  7 18 renewed.  The administrator or a designee may periodically
  7 19 visit registered family day child care homes for the purpose
  7 20 of evaluation of an inquiry into matters concerning compliance
  7 21 with rules adopted under section 237A.12.  Evaluation of
  7 22 family day child care homes under this section may include
  7 23 consultative services provided pursuant to section 237A.6.
  7 24    Sec. 10.  Section 237A.12, unnumbered paragraph 1, Code
  7 25 1997, is amended to read as follows:
  7 26    Subject to the provisions of chapter 17A, the administrator
  7 27 shall promulgate consult with the state child day care
  7 28 advisory council created in section 237A.21 in adopting rules
  7 29 setting minimum standards to provide quality child day care in
  7 30 the operation and maintenance of child care centers and
  7 31 registered family day child care homes relating to all of the
  7 32 following:
  7 33    Sec. 11.  Section 237A.12, subsection 3, Code 1997, is
  7 34 amended to read as follows:
  7 35    3.  The adequacy of activity programs and food services
  8  1 available to the children.  The administrator shall not
  8  2 restrict the use of or apply nutritional standards to a lunch
  8  3 or other meal which is brought to the center or family day
  8  4 child care home by a school-age child for the child's
  8  5 consumption.
  8  6    Sec. 12.  Section 237A.19, unnumbered paragraph 2, Code
  8  7 1997, is amended to read as follows:
  8  8    A person who establishes, conducts, manages, or operates a
  8  9 group day care home without registering under this chapter or
  8 10 who operates a family day child care home contrary to the
  8 11 provisions of section 237A.3 or 237A.5, is guilty of commits a
  8 12 simple misdemeanor.  Each day of continuing violation after
  8 13 conviction, or notice from the department by certified mail of
  8 14 the violation, is a separate offense.  A single charge
  8 15 alleging continuing violation may be made in lieu of filing
  8 16 charges for each day of violation.
  8 17    Sec. 13.  Section 237A.20, Code 1997, is amended to read as
  8 18 follows:
  8 19    237A.20  INJUNCTION.
  8 20    A person who establishes, conducts, manages, or operates a
  8 21 center without a license or a group day child care home
  8 22 without a certificate of registration in violation of section
  8 23 237A.3 may be restrained by temporary or permanent injunction.
  8 24 A person who has been convicted of a crime against a person or
  8 25 a person with a record of founded child abuse may be
  8 26 restrained by temporary or permanent injunction from providing
  8 27 unregistered, registered, or licensed child day care.  The
  8 28 action may be instituted by the state, a political subdivision
  8 29 of the state, or an interested person.
  8 30    Sec. 14.  Section 237A.21, subsection 1, Code 1997, is
  8 31 amended to read as follows:
  8 32    1.  A state child day care advisory council is established
  8 33 consisting of not more than thirty-five members from urban and
  8 34 rural areas across the state.  The membership shall include,
  8 35 but is not limited to, all of the following persons or
  9  1 representatives with an interest in child day care:  a
  9  2 licensed center, a registered family day child care home from
  9  3 a county with a population of less than twenty-two thousand,
  9  4 an unregistered family day child care home, a parent of a
  9  5 child in child day care, appropriate governmental agencies,
  9  6 and other members as deemed necessary by the director.  The
  9  7 members are eligible for reimbursement of their actual and
  9  8 necessary expenses while engaged in performance of their
  9  9 official duties.
  9 10    Sec. 15.  Section 237A.21, subsection 3, paragraphs a, e,
  9 11 and f, Code 1997, are amended to read as follows:
  9 12    a.  Two parents of a child served by a family or group day
  9 13 child care home.
  9 14    e.  Two family day child care home providers who are
  9 15 registered at level I or level II.
  9 16    f.  Two group day child care home providers who are
  9 17 registered at level III or level IV.
  9 18    Sec. 16.  Section 237A.26, subsection 3, paragraph a, Code
  9 19 1997, is amended to read as follows:
  9 20    a.  Organize assistance to family and group day child care
  9 21 homes utilizing training levels based upon the homes' degrees
  9 22 of experience and interest.
  9 23    Sec. 17.  Section 237A.26, subsection 6, paragraph h, Code
  9 24 1997, is amended to read as follows:
  9 25    h.  Administer funding designated within the grant to
  9 26 provide a substitute caregiver program for registered family
  9 27 and group day child care homes to provide substitute care in a
  9 28 home when the home provider is ill, on vacation, receiving
  9 29 training, or is otherwise unable to provide the care.
  9 30    Sec. 18.  Section 256C.3, subsection 5, Code 1997, is
  9 31 amended to read as follows:
  9 32    5.  Training, technical assistance, and other support by
  9 33 the family resource center staff to family day child care home
  9 34 providers in the community.  The center may serve as an
  9 35 information and referral clearinghouse for other child care
 10  1 needs and services in the community and shall coordinate the
 10  2 center's information and efforts with any child care delivery
 10  3 systems that may already exist in the community.  The center
 10  4 may also provide an adolescent pregnancy prevention program,
 10  5 and other programs as the community determines, for
 10  6 adolescents emphasizing responsible decision making and
 10  7 communication skills.  
 10  8                          DIVISION III
 10  9                         EFFECTIVE DATES
 10 10    Sec. 19.  EFFECTIVE DATES.
 10 11    1.  Divisions I and II of this Act take effect July 1,
 10 12 1998.
 10 13    2.  This division of this Act being deemed of immediate
 10 14 importance takes effect upon enactment.  The department of
 10 15 human services shall consult with the state child day care
 10 16 advisory council created in section 237A.21 in developing
 10 17 implementation plans and adopting rules as necessary to
 10 18 implement the provisions of this Act on July 1, 1998.  
 10 19                           EXPLANATION
 10 20    This bill amends provisions in Code chapter 237A relating
 10 21 to family and group day care homes regulated by the department
 10 22 of human services.  Provisions applicable to the homes are
 10 23 amended by combining the two regulatory classifications into a
 10 24 single classification referred to as "child care home".  The
 10 25 new classification is divided into four levels with different
 10 26 requirements applied to each level as to the number of
 10 27 children who may be present.  The bill takes effect July 1,
 10 28 1998.
 10 29    Definitions in Code section 237A.1 are amended to make
 10 30 changes in the names of child day care classifications and to
 10 31 allow for child day care to be provided in the home of the
 10 32 parent, guardian, and custodian.  Exceptions and definitions
 10 33 relating to care of a child by a relative are stricken.  The
 10 34 definitions of family and group day care homes are stricken
 10 35 and a new definition of child care home is added.
 11  1    Code section 237A.3 which provides for family and group
 11  2 child care under current law is stricken and rewritten.  The
 11  3 maximum number of children who may receive care before the
 11  4 home must register with the state is decreased from six to
 11  5 four or to three infants plus an older child.  Numbers of
 11  6 children are authorized for each of the four levels of
 11  7 registration based upon the ages, amount of time in care, and
 11  8 school status of the children, presence of inclement weather
 11  9 conditions, and the number and qualifications of the care
 11 10 providers.  Level I is authorized for up to eight children,
 11 11 levels II and III for up to 12 children, and level IV for up
 11 12 to 16 children.  The difference between a level II and a level
 11 13 III provider is that the level III provider may keep school
 11 14 age children who are in addition to the basic number beyond
 11 15 two hours.
 11 16    Current law outlining minimum requirements for a home
 11 17 provider to care for additional children during inclement
 11 18 weather when schools have been closed are retained but the
 11 19 number of children allowed depends upon the registration level
 11 20 of the care provider.  The term "infant" is defined as
 11 21 children who are less than two years of age.
 11 22    A new care classification is created for children who
 11 23 receive care 90 hours per month or less.  Levels II, III, and
 11 24 IV may provide care to two children in this care
 11 25 classification without affecting the basic number of children
 11 26 to whom these levels are authorized to provide.
 11 27    The department is authorized to adopt rules for the
 11 28 registration levels to include outlining the amount of space
 11 29 per child, provider qualifications and training, and other
 11 30 minimum standards.  A registration fee is to be charged to
 11 31 each level of registration in an amount determined by the
 11 32 department based upon the differential cost of regulation
 11 33 relative to a registration.  Registration fees are to be
 11 34 deposited in the child day care credit fund.
 11 35    The bill makes conforming amendments to strike references
 12  1 to the use of the terms "family day care home" and "group day
 12  2 care home".  
 12  3 LSB 1845XS 77
 12  4 jp/cf/24.1
     

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