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Senate File 541

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 237A.1, subsection 8, paragraph b, Code
  1  2 1997, is amended to read as follows:
  1  3    b.  "Group day care home" means a facility providing child
  1  4 day care for more than six but less than twelve children as
  1  5 authorized in accordance with section 237A.3, subsection 2, or
  1  6 for less than sixteen children at any one time as authorized
  1  7 in accordance with section 237A.3, subsection 3, provided each
  1  8 child in excess of six children is attending school in
  1  9 kindergarten or a higher grade level.
  1 10    Sec. 2.  Section 237A.3, subsection 2, Code 1997, is
  1 11 amended to read as follows:
  1 12    2.  a.  A person shall not operate or establish a group day
  1 13 care home unless the person obtains a certificate of
  1 14 registration under this chapter.  In order to be registered,
  1 15 the group day care home shall have at least one responsible
  1 16 individual, age fourteen or older, on duty to assist the group
  1 17 day care home provider when there are more than six children
  1 18 present for more than a two-hour period.  Two persons who
  1 19 comply with the individual requirements for registration as a
  1 20 group day care provider may request that the certificate be
  1 21 issued to the two persons jointly and the department shall
  1 22 issue the joint certificate provided the group day care home
  1 23 requirements for registration are met.  All other requirements
  1 24 of this chapter for registered family day care homes and the
  1 25 rules adopted under this chapter for registered family day
  1 26 care homes apply to group day care homes.  In addition, the
  1 27 department shall adopt rules relating to the provision in
  1 28 group day care homes for a separate area for sick children.
  1 29 In consultation with the state fire marshal, the department
  1 30 shall adopt rules relating to the provision of fire
  1 31 extinguishers, smoke detectors, and two exits accessible to
  1 32 children.
  1 33    b.  Except as provided in subsection 3, a group day care
  1 34 home shall not provide child day care to more than eleven
  1 35 children at any one time.  If there are more than six children
  2  1 present for a period of two hours or more, the group day care
  2  2 home must have at least one responsible individual who is at
  2  3 least fourteen years of age present to assist the group day
  2  4 care provider in accordance with either of the following
  2  5 conditions:
  2  6    (1)  If the responsible individual is a joint holder of the
  2  7 certificate of registration, not more than four of the
  2  8 children present shall be less than twenty-four months of age
  2  9 and not more than ten of the children present shall be twenty-
  2 10 four months of age or older but not attending school in
  2 11 kindergarten or a higher grade level.
  2 12    (2)  If the responsible individual is not a joint holder of
  2 13 the certificate of registration, but is at least fourteen
  2 14 years of age, not more than four of the children shall be less
  2 15 than twenty-four months of age and each child in excess of six
  2 16 children shall be attending school in kindergarten or a higher
  2 17 grade level.
  2 18    Sec. 3.  NEW SECTION.  237A.3A  REGISTRATION OF CHILD CARE
  2 19 HOMES.
  2 20    1.  PILOT PROJECT.  The department shall implement a pilot
  2 21 project applying the provisions of this section to registered
  2 22 family or group day care homes located in one county of this
  2 23 state.  The provisions of this section shall not apply to
  2 24 unregistered family day care homes located in the pilot
  2 25 project county.  The county selected for the pilot project
  2 26 shall be a rural county where there is interest among child
  2 27 day care providers and consumers in implementing the pilot
  2 28 project.  In addition, if deemed feasible by the department,
  2 29 the department may implement the pilot project in one
  2 30 additional urban or mixed rural and urban county where there
  2 31 is interest in implementing the pilot project.  The department
  2 32 shall implement the pilot project on or after July 1, 1997.
  2 33 If a definition in section 237A.1, a provision in section
  2 34 237A.3, or an administrative rule adopted under this chapter
  2 35 is in conflict with this section, this section and the rules
  3  1 adopted to implement this section shall apply to the pilot
  3  2 project.
  3  3    2.  DEFINITIONS.  For the purposes of this section, unless
  3  4 the context otherwise requires:
  3  5    a.  "Child care home" means a person registered under this
  3  6 section to provide child day care in a pilot project county.
  3  7    b.  "Children receiving care on a part-time basis" means
  3  8 children who are present in a child care home for ninety hours
  3  9 per month or less.
  3 10    c.  "Infant" means a child who is less than twenty-four
  3 11 months of age.
  3 12    d.  "School" means kindergarten or a higher grade level.
  3 13    3.  REGISTRATION.
  3 14    a.  The registration process for a child care home under
  3 15 this section shall be repeated on an annual basis as provided
  3 16 by rule.
  3 17    b.  A person who is a child foster care licensee under
  3 18 chapter 237 must register as a child care home provider in
  3 19 order to operate or establish a child care home in a pilot
  3 20 project county.
  3 21    c.  A person or program in a pilot project county which
  3 22 provides care, supervision, or guidance to a child which is
  3 23 not defined as child day care under section 237A.1, may be
  3 24 issued a certificate of registration under this section.
  3 25    d.  Four levels of registration requirements are applicable
  3 26 to registered child care homes in accordance with subsections
  3 27 10 through 13 and rules adopted to implement this section.
  3 28 The rules shall apply requirements to each level for the
  3 29 amount of space available per child, provider qualifications
  3 30 and training, and other minimum standards.
  3 31    4.  NUMBER OF CHILDREN.  In determining the number of
  3 32 children cared for at any one time in a child care home, each
  3 33 child present in the child care home shall be considered to be
  3 34 receiving care unless the child is described by one of the
  3 35 following exceptions:
  4  1    a.  The child's parent, guardian, or custodian operates or
  4  2 established the child care home and the child is attending
  4  3 school or the child receives child day care full-time on a
  4  4 regular basis from another person.
  4  5    b.  The child has been present in the child care home for
  4  6 more than seventy-two consecutive hours and meets the
  4  7 requirements of paragraph "a" as though the person who
  4  8 operates or established the child care home is the child's
  4  9 parent, guardian, or custodian.
  4 10    5.  REGISTRATION CERTIFICATE.  The department shall issue a
  4 11 certificate of registration upon receipt of a statement from
  4 12 the child care home or an inspection verifying that the child
  4 13 care home complies with rules adopted by the department.  The
  4 14 certificate of registration shall be posted in a conspicuous
  4 15 place in the child care home and shall state the name of the
  4 16 registrant, the registration level of the child care home, the
  4 17 number of children who may be present for care at any one
  4 18 time, and the address of the child care home.  In addition,
  4 19 the certificate shall include a check list of registration
  4 20 compliances.
  4 21    6.  REVOCATION OR DENIAL OF REGISTRATION.  If the
  4 22 department has denied or revoked a certificate of registration
  4 23 because a person has continually or repeatedly failed to
  4 24 operate a registered or licensed child day care facility in
  4 25 compliance with this chapter and rules adopted pursuant to
  4 26 this chapter, the person shall not operate or establish a
  4 27 registered child care home for a period of six months from the
  4 28 date the registration or license is denied or revoked.  The
  4 29 department shall not act on an application for registration
  4 30 submitted by the person during the six-month period.
  4 31    7.  INCLEMENT WEATHER EXCEPTION.  If school classes have
  4 32 been cancelled due to inclement weather, a registered child
  4 33 care home may have additional children present in accordance
  4 34 with the authorization for the registration level of the child
  4 35 care home and subject to all of the following conditions:
  5  1    a.  The child care home has prior written approval from the
  5  2 parent or guardian of each child present in the child care
  5  3 home concerning the presence of additional children in the
  5  4 child care home.
  5  5    b.  The child care home has a responsible individual, age
  5  6 fourteen or older, on duty to assist the care provider as
  5  7 required for the registration level of the child care home
  5  8 pursuant to subsections 10 through 13.
  5  9    c.  One or more of the following conditions is applicable
  5 10 to each of the additional children present in the child care
  5 11 home:
  5 12    (1)  The child care home provides care to the child on a
  5 13 regular basis for periods of less than two hours.
  5 14    (2)  If the child was not present in the child care home,
  5 15 the child would be unattended.
  5 16    (3)  The child care home regularly provides care to a
  5 17 sibling of the child.
  5 18    8.  FIRE SAFETY.  In consultation with the state fire
  5 19 marshal, the department shall adopt rules relating to the
  5 20 provision of fire extinguishers, smoke detectors, and two
  5 21 exits accessible to children in a registered child care home.
  5 22    9.  SICK CHILDREN.  The department shall adopt rules
  5 23 relating to the provision of a separate area for sick children
  5 24 in those child care homes which are registered at levels III
  5 25 and IV.
  5 26    10.  LEVEL I REGISTRATION.  All of the following
  5 27 requirements shall apply to a level I registered child care
  5 28 home:
  5 29    a.  Except as otherwise provided in this subsection, not
  5 30 more than six children shall be present at any one time.
  5 31    b.  Not more than three children who are infants shall be
  5 32 present at any one time.
  5 33    c.  In addition to the number of children authorized in
  5 34 paragraph "a", not more than two children who attend school
  5 35 may be present for a period of less than two hours at any one
  6  1 time.
  6  2    d.  Not more than eight children shall be present at any
  6  3 one time when an inclement weather exception is in effect.
  6  4    11.  LEVEL II REGISTRATION.  All of the following
  6  5 requirements shall apply to a level II registered child care
  6  6 home:
  6  7    a.  Except as otherwise provided in this subsection, not
  6  8 more than six children shall be present at any one time.
  6  9    b.  Not more than three children who are infants shall be
  6 10 present at any one time.
  6 11    c.  In addition to the number of children authorized in
  6 12 paragraph "a", not more than four children who attend school
  6 13 may be present for a period of less than two hours at any one
  6 14 time.
  6 15    d.  In addition to the number of children authorized in
  6 16 paragraph "a", not more than two children who are receiving
  6 17 care on a part-time basis may be present.
  6 18    e.  Not more than twelve children shall be present at any
  6 19 one time when an inclement weather exception is in effect.
  6 20 However, if more than eight children are present during an
  6 21 inclement weather exception, the provider shall be assisted by
  6 22 a responsible individual who is at least fourteen years of
  6 23 age.
  6 24    12.  LEVEL III REGISTRATION.  All of the following
  6 25 requirements shall apply to a level III registered child care
  6 26 home:
  6 27    a.  Except as otherwise provided in this subsection, not
  6 28 more than six children shall be present at any one time.
  6 29    b.  Not more than three children who are infants shall be
  6 30 present at any one time.
  6 31    c.  In addition to the number of children authorized in
  6 32 paragraph "a", not more than four children who attend school
  6 33 may be present.
  6 34    d.  In addition to the number of children authorized in
  6 35 paragraph "a", not more than two children who are receiving
  7  1 care on a part-time basis may be present.
  7  2    e.  Not more than twelve children shall be present at any
  7  3 one time when an inclement weather exception is in effect.
  7  4    f.  If more than eight children are present at any one
  7  5 time, the provider shall be assisted by a responsible
  7  6 individual who is at least fourteen years of age.
  7  7    13.  LEVEL IV REGISTRATION.  All of the following
  7  8 requirements shall apply to a level IV registered child care
  7  9 home:
  7 10    a.  Except as otherwise provided in this subsection, not
  7 11 more than twelve children shall be present at any one time.
  7 12 If more than seven children are present, a second person must
  7 13 be present who meets the individual qualifications for child
  7 14 care home registration established by rule of the department.
  7 15    b.  Not more than four children who are infants shall be
  7 16 present at any one time.
  7 17    c.  In addition to the number of children authorized in
  7 18 paragraph "a", not more than two children who attend school
  7 19 may be present for a period of less than two hours at any one
  7 20 time.
  7 21    d.  In addition to the number of children authorized in
  7 22 paragraph "a", not more than two children who are receiving
  7 23 care on a part-time basis may be present.
  7 24    e.  Not more than sixteen children shall be present at any
  7 25 one time when an inclement weather exception is in effect.  If
  7 26 more than eight children are present at any one time during an
  7 27 inclement weather exception, the provider shall be assisted by
  7 28 a responsible individual who is at least eighteen years of
  7 29 age.
  7 30    Sec. 4.  PILOT PROJECT REPORT.  The department of human
  7 31 services shall periodically report to the general assembly
  7 32 concerning the pilot project implemented pursuant to this Act.
  7 33 The report shall include findings and recommendations as to
  7 34 the advantages and disadvantages of the pilot project
  7 35 approach.  An initial report shall be submitted in February
  8  1 1998 and a progress report shall be submitted in December
  8  2 1998.  The reports shall address the feasibility of
  8  3 implementing the pilot project statewide.
  8  4    Sec. 5.  EMERGENCY RULES.  The department of human services
  8  5 may adopt administrative rules under section 17A.4, subsection
  8  6 2, and section 17A.5, subsection 2, paragraph "b", to
  8  7 implement the provisions of this Act and the rules shall
  8  8 become effective immediately upon filing, unless the effective
  8  9 date is delayed by the administrative rules review committee,
  8 10 notwithstanding section 17A.4, subsection 5, and section
  8 11 17A.8, subsection 9, or a later effective date is specified in
  8 12 the rules.  Any rules adopted in accordance with this section
  8 13 shall not take effect before the rules are reviewed by the
  8 14 administrative rules review committee.  Any rules adopted in
  8 15 accordance with the provisions of this section shall also be
  8 16 published as a notice of intended action as provided in
  8 17 section 17A.4.  
  8 18 SF 541
  8 19 jp/cc/26
     

Text: SF00540                           Text: SF00542
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Bills and Amendments: General Index     Bill History: General Index

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