Text: HF00609 Text: HF00611 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 CHAPTER 237A REWRITE 1 3 Section 1. Section 237A.1, Code 1999, is amended to read 1 4 as follows: 1 5 237A.1 DEFINITIONS. 1 6 As used in this chapter unless the context otherwise 1 7 requires: 1 8 1. "Administrator" means the administrator of the division 1 9 of the department designated by the director to administer 1 10 this chapter. 1 11 2. "Child" means a person under eighteen years of age. 1 12 3. "Child care center" or "center" means a facility 1 13 providing childdaycare or preschool services for seven or 1 14 more children, except when the facility is registered as a 1 15family daychild care homeor group day care home. 1 16 4. "Childdaycare" means the care, supervision,orand 1 17 guidance of a child by a person other than the child's parent, 1 18 guardian,relative,or custodian for periods of less than 1 19 twenty-four hours per day per child on a regular basisin a1 20place other than the child's home, but does not include care, 1 21 supervision,orand guidance of a child by any of the 1 22 following: 1 23 a. An instructional program for children who are attending 1 24 prekindergarten as defined by the state board of education 1 25 under section 256.11 or a higher grade level and are at least 1 26 four years of age administered byaany of the following: 1 27 (1) A public or nonpublic school system accredited by the 1 28 department of education or the state board of regents.or a1 29 (2) A nonpublic school system which is not accredited by 1 30 the department of education or the state board of regents. 1 31 b. A program provided under section 279.49 or 280.3A. 1 32b.c.AAny of the following church-related programs: 1 33 (1) An instructional programof not more than one day per1 34week. 1 35 (2) A youth program other than a preschool, before or 2 1 after school child care program, or other child care program. 2 2 (3) A program providing care to children on church 2 3 premises while the children's parents are attending church- 2 4 related or church-sponsored activities on the church premises. 2 5c.d. Short-term classes of less than two weeks' duration 2 6 held between school terms or during a break within a school 2 7 term. 2 8d.e. A child care center for sick children operated as 2 9 part of a pediatrics unit in a hospital licensed by the 2 10 department of inspections and appeals pursuant to chapter 2 11 135B. 2 12e.f. Anonprofitprogram operated not more than one day 2 13 per week by volunteersfor no chargewhich meets all of the 2 14 following conditions: 2 15 (1) Not more than eleven children are served per 2 16 volunteer. 2 17 (2) The program operates fornot moreless thantwofour 2 18 hours during anytwenty-four hourtwenty-four-hour period. 2 19 (3) The program is provided at no cost to the children's 2 20 parent, guardian, or custodian. 2 21f. A program provided by the state or a political2 22subdivision, which provides recreational classes for a period2 23of less than two hours per day.2 24 g. A program administered by a political subdivision of 2 25 the state which is primarily for recreational or social 2 26 purposes and is limited to children who are five years of age 2 27 or older and attending school. 2 28h. An instructional program administered by a nonpublic2 29school system which is not accredited by the department of2 30education or the state board of regents.2 31 h. An after school program continuously offered throughout 2 32 the school year calendar to children who are at least five 2 33 years of age and are enrolled in school, and attend the 2 34 program intermittently. The program must be provided through 2 35 a nominal membership fee or at no cost. 3 1 i. A special activity program which meets less than four 3 2 hours per day for the sole purpose of the special activity. 3 3 Special activity programs include but are not limited to music 3 4 or dance classes, organized athletic or sports programs, 3 5 recreational classes, scouting programs, and hobby or craft 3 6 clubs or classes. 3 7 j. A nationally accredited camp. 3 8 k. A structured program for the purpose of providing 3 9 therapeutic, rehabilitative, or supervisory services to 3 10 children under any of the following: 3 11 (1) A purchase of service or managed care contract with 3 12 the department. 3 13 (2) A contract approved by a local decategorization 3 14 governance board created under section 232.188. 3 15 (3) An arrangement approved by a juvenile court order. 3 16 l. Care provided on-site to children of parents residing 3 17 in an emergency, homeless, or domestic violence shelter. 3 18 5. "Childdaycare facility" or "facility" means a child 3 19 care center, group day care homepreschool, or a registered 3 20family daychild care home. 3 21 6. "Child care home" means a person or program providing 3 22 child care as authorized under section 237A.3A. 3 23 7. "Children receiving care on a part-time basis" means 3 24 children who are present in a child care home for ninety hours 3 25 per month or less. 3 266.8. "Department" means the department of human services. 3 277.9. "Director" means the director of human services. 3 288. a. "Family day care home" means a person or program3 29which provides child day care to less than seven children at3 30any one time or to less than twelve children at any one time3 31as authorized by section 237A.3, subsection 1.3 32b. "Group day care home" means a facility providing child3 33day care for more than six but less than twelve children as3 34authorized in accordance with section 237A.3, subsection 2, or3 35for less than sixteen children at any one time as authorized4 1in accordance with section 237A.3, subsection 3.4 2 10. "Infant" means a child who is less than twenty-four 4 3 months of age. 4 49.11. "Licensed center" means a center issued a full or 4 5 provisional license by the department under the provisions of 4 6 this chapter or a center for which a license is being 4 7 processed. 4 810. "Low-income family" means a family whose monthly gross4 9income is less than the lower of:4 10a. Eighty percent of the median income of a family of four4 11in this state adjusted to take into account the size of the4 12family; or4 13b. The median income of a family of four in the fifty4 14states and the District of Columbia adjusted to take into4 15account the size of the family.4 1611.12. "Preschool" means a childdaycare facility which 4 17 provides to children ages three through five, for periods of 4 18 time not exceeding three hours per day, programs designed to 4 19 help the children to develop intellectual skills, social 4 20 skills, and motor skills, and to extend their interest and 4 21 understanding of the world about them. 4 2212. "Relative" means a person who by marriage, blood, or4 23adoption is a parent, grandparent, brother, sister,4 24stepfather, stepmother, stepbrother, stepsister, uncle, aunt,4 25first cousin, or guardian.4 26 13. "School" means kindergarten or a higher grade level. 4 2713.14. "State childdaycare advisory council" means the 4 28 state childdaycare advisory council established pursuant to 4 29 sections 237A.21 and 237A.22. 4 30 Sec. 2. Section 237A.2, Code 1999, is amended to read as 4 31 follows: 4 32 237A.2 LICENSING OF CHILD CARE CENTERS. 4 33 1. A person shall not establish or operate a child care 4 34 center without obtaining a license under the provisions of 4 35 this chapter. A center may operate for a specified period of 5 1 time, to be established by rule of the department, if 5 2 application for a license has been made. If the department 5 3 denies an application for an initial license, notwithstanding 5 4 section 17A.8, the applicant center shall not continue to 5 5 provide child care pending the outcome of an evidentiary 5 6 hearing. The department shall issue a license if it 5 7 determines that all of the following conditions have been met: 5 81.a. An application for a license or a renewal has been 5 9 filed with the administrator on forms provided by the 5 10 department. 5 112.b. The center is maintained to comply with state health 5 12 and fire laws. 5 133.c. The center is maintained to comply with rules 5 14promulgatedadopted under section 237A.12. 5 15 2. A person denied a license under the provisions of this 5 16 section shall receive written notice of the denial stating the 5 17 reasons for denial and shall be provided with an opportunity 5 18 for an evidentiary hearing. Licenses granted under this 5 19 chapter shall be valid for one year from the date of issuance 5 20 unless revoked or suspended in accordance with the provisions 5 21 of section 237A.8 or reduced to a provisional license under 5 22 subsection 3. A record of the license shall be kept by the 5 23 department. The license shall be posted in a conspicuous 5 24 place in the center and shall state the particular premises in 5 25 which childdaycare may be offered and the number of 5 26 individuals who may be received for care at any one time.No5 27 A greater number of children than is authorized by the license 5 28 shall not be kept in the center at any one time. 5 29 3. The administrator may reduce a previously issued 5 30 license to a provisional license or issue a provisional 5 31 license for a period of time not to exceed one year if the 5 32 center does not meet standards required under this section. A 5 33 provisional license shall not be renewable in regard to the 5 34 same standards for more than two consecutive years. A 5 35 provisional license shall be posted in a conspicuous place in 6 1 the center as provided in this section. If written plans to 6 2 bring the center up to standards, giving specific dates for 6 3 completion of work, are submitted to and approved by the 6 4 departmentpromulgating the regulations, the provisional 6 5 license shall be renewable as provided in this subsection. 6 6 4. A program which is not a child care center by reason of 6 7 the exceptions to the definition of childdaycare in section 6 8 237A.1, subsection 4, but which provides care, supervision,or6 9 and guidance to a child may be issued a license if the program 6 10 complies with all the provisions of this chapter. 6 11 5. If the department has denied or revoked a license 6 12 because the applicant or person has continually or repeatedly 6 13 failed to operate a licensed center in compliance with this 6 14 chapter and rules adopted pursuant to this chapter, the person 6 15 shall not own or operate a child care center for a period of 6 16 six months from the date the license is denied or revoked. 6 17 The department shall not act on an application for a license 6 18 submitted by the applicant or person during the six-month 6 19 period. 6 20 6. The administrator may adopt rules in accordance with 6 21 chapter 17A establishing civil penalties for a licensee's or 6 22 registrant's failure to comply with key standards for the 6 23 operation and maintenance of a child care facility. In 6 24 developing the rules, the department shall consult with the 6 25 state child care advisory council, child care facility 6 26 providers, families, and other interested parties. The rules 6 27 shall specify the offenses or acts which are subject to a 6 28 civil penalty. The amount of a civil penalty shall be within 6 29 the discretion of the department but shall not exceed one 6 30 thousand dollars. Any civil penalty collected under this 6 31 subsection is appropriated to the department and shall be used 6 32 to defray the costs of regulatory staffing under this chapter 6 33 or for other activities designed to improve child care 6 34 quality. 6 35 Sec. 3. Section 237A.3A, subsection 1, Code 1999, is 7 1 amended by striking the subsection and inserting in lieu 7 2 thereof the following: 7 3 1. REGISTRATION. A person who operates or establishes a 7 4 child care home may apply to the department for registration 7 5 as a child care home. Registration is not required unless the 7 6 number of children cared for at any one time in a child care 7 7 home meets or exceeds the requirements applicable to any level 7 8 of registration outlined in this section. Two or more persons 7 9 who comply with the individual requirements for registration 7 10 as a child care home provider may request that the certificate 7 11 of registration be issued to the two or more persons jointly 7 12 and the department shall issue the joint certificate provided 7 13 the child care home requirements for registration are met. 7 14 Sec. 4. Section 237A.3A, subsection 2, Code 1999, is 7 15 amended by striking the subsection and renumbering the 7 16 succeeding subsections. 7 17 Sec. 5. Section 237A.3A, subsection 3, paragraph c, Code 7 18 1999, is amended to read as follows: 7 19 c. A person or programin a pilot project countywhich 7 20 provides care, supervision,orand guidance to a child which 7 21 is not defined as childdaycare under section 237A.1,may be 7 22 issued a certificate of registrationunder this sectionas a 7 23 child care home. 7 24 Sec. 6. Section 237A.3A, subsection 3, paragraph d, 7 25 subparagraph (2), Code 1999, is amended to read as follows: 7 26 (2) The rules shall allow a childdaycare home to be 7 27 registered at level II, III, or IV for which the provider is 7 28 qualified even though the amount of space required to be 7 29 available for the maximum number of children authorized for 7 30 that level exceeds the actual amount of space available in 7 31 that child care home. However, the total number of children 7 32 authorized for the child care home at that level of 7 33 registration shall be limited by the amount of space available 7 34 per child. 7 35 Sec. 7. Section 237A.3A, subsection 4, paragraph a, Code 8 1 1999, is amended to read as follows: 8 2 a. The child's parent, guardian, or custodian operates or 8 3 established the child care home and the child is attending 8 4 school or the child receives childdaycare full-time on a 8 5 regular basis from another person. 8 6 Sec. 8. Section 237A.3A, subsection 6, Code 1999, is 8 7 amended to read as follows: 8 8 6. REVOCATION OR DENIAL OF REGISTRATION. If the 8 9 department has denied or revoked a certificate of registration 8 10 because a person has continually or repeatedly failed to 8 11 operate a registered or licensed childdaycare facility in 8 12 compliance with this chapter and rules adopted pursuant to 8 13 this chapter, the person shall not operate or establish a 8 14 registered child care home for a period of six months from the 8 15 date the registration or license is denied or revoked. The 8 16 department shall not act on an application for registration 8 17 submitted by the person during the six-month period. 8 18 Sec. 9. Section 237A.3A, subsection 7, unnumbered 8 19 paragraph 1, Code 1999, is amended to read as follows: 8 20 If school classes have been cancelled due to inclement 8 21 weather, a registered or unregistered child care home may have 8 22 additional children present. An unregistered child care home 8 23 shall comply with the requirements for inclement weather 8 24 applicable to a level I registration. A registered child care 8 25 home shall operate in accordance with the authorization for 8 26 the registration level of the child care home and is subject 8 27 to all of the following conditions: 8 28 Sec. 10. Section 237A.4, Code 1999, is amended to read as 8 29 follows: 8 30 237A.4 INSPECTION AND EVALUATION. 8 31 The department shall make periodic inspections of licensed 8 32 centers toinsureensure compliance with licensing 8 33 requirements provided in this chapter, and the local boards of 8 34 health may make periodic inspections of licensed centers to 8 35insureensure compliance with health-related licensing 9 1 requirements provided in this chapter. The administrator may 9 2 inspect records maintained by a licensed center and may 9 3 inquire into matters concerning these centers and the persons 9 4 in charge. The administrator shall require that the center be 9 5 inspected by the state fire marshal or a designee for 9 6 compliance with rules relating to fire safety before a license 9 7 is granted or renewed. The administrator or a designee may 9 8 periodically visit registeredfamily daychild care homes for 9 9 the purpose of evaluation of an inquiry into matters 9 10 concerning compliance with rules adopted under section 9 11 237A.12. Evaluation offamily daychild care homes under this 9 12 section may include consultative services provided pursuant to 9 13 section 237A.6. 9 14 Sec. 11. Section 237A.5, subsections 2, 6, and 7, Code 9 15 1999, are amended to read as follows: 9 16 2. a. If a person is being considered for licensure or 9 17 registration under this chapter, or for employment involving 9 18 direct responsibility for a child or with access to a child 9 19 when the child is alone, by a childdaycare facility subject 9 20 to licensure or registration under this chapter, or if a 9 21 person will reside in a facility, and if the person has been 9 22 convicted of a crime or has a record of founded child abuse, 9 23 the departmentand the licensee or registrant for an employee9 24of the licensee or registrantshall perform an evaluation to 9 25 determine whether the crime or founded child abuse warrants 9 26 prohibition of licensure, registration, employment, or 9 27 residence in the facility. The department shall conduct 9 28 criminal and child abuse record checks in this state and may 9 29 conduct these checks in other states. The evaluation shall be 9 30 performed in accordance with procedures adopted for this 9 31 purpose by the department. 9 32 b. If the department determines that a person has 9 33 committed a crime or has a record of founded child abuse and 9 34 is licensed, employed by a licensee or registrant or 9 35 registered under this chapter, or resides in a licensed or 10 1 registered facility the department shall notify the licensee 10 2 or registrant that an evaluation will be conducted to 10 3 determine whether prohibition of the person's licensure, 10 4 registration, employment, or residence is warranted. 10 5 c. In an evaluation, the departmentand the licensee or10 6registrant for an employee of the licensee or registrantshall 10 7 consider the nature and seriousness of the crime or founded 10 8 child abuse in relation to the position sought or held, the 10 9 time elapsed since the commission of the crime or founded 10 10 child abuse, the circumstances under which the crime or 10 11 founded child abuse was committed, the degree of 10 12 rehabilitation, the likelihood that the person will commit the 10 13 crime or founded child abuse again, and the number of crimes 10 14 or founded child abuses committed by the person involved. The 10 15 department may permit a person who is evaluated to be 10 16 licensed, registered, employed, or to reside, or to continue 10 17 to be licensed, registered, employed, or to reside in a 10 18 licensed facility, if the person complies with the 10 19 department's conditions relating to the person's licensure, 10 20 registration, employment, or residence, which may include 10 21 completion of additional training.For an employee of a10 22licensee or registrant, these conditional requirements shall10 23be developed with the licensee or registrant.The department 10 24 has final authority in determining whether prohibition of the 10 25 person's licensure, registration, employment, or residence is 10 26 warranted and in developing any conditional requirements under 10 27 this paragraph. 10 28 d. If the department determines that the person has 10 29 committed a crime or has a record of founded child abuse which 10 30 warrants prohibition of licensure, registration, employment, 10 31 or residence, the person shall not be licensed or registered 10 32 under this chapter to operate a childdaycare facility and 10 33 shall not be employed by a licensee or registrant or reside in 10 34 a facility licensed or registered under this chapter. 10 35 e. If it has been determined that a child receiving child 11 1 care from a child care facility is the victim of founded child 11 2 abuse committed by an employee, license or registration 11 3 holder, or resident of the child care facility for which a 11 4 report is placed in the central registry pursuant to section 11 5 232.71D, the administrator shall provide notification at the 11 6 time of the determination to the parents, guardians, and 11 7 custodians of children receiving care from the facility. A 11 8 notification made under this paragraph shall identify the type 11 9 of abuse but shall not identify the victim or perpetrator or 11 10 circumstances of the founded abuse. 11 11 6. A person who receives public funds for providing child 11 12daycare and who is not registered or licensed under this 11 13 chapter and individuals who reside with the person shall be 11 14 subject to the provisions of subsection 2 as though the person 11 15 either is being considered for registration or is registered 11 16 to provide childdaycare under this chapter. If the person 11 17 or individual residing with the person would be prohibited 11 18 from licensure, registration, employment, or residence under 11 19 subsection 2, the person shall not provide childdaycare and 11 20 is not eligible to receive public funds to do so. A person 11 21 who continues to provide childdaycare in violation of this 11 22 subsection is subject to penalty under section 237A.19 and 11 23 injunction under section 237A.20. 11 24 7. A person who serves as an unpaid volunteer in a child 11 25daycare facility shall not be required to complete training 11 26 as a mandatory reporter of child abuse under section 232.69 or 11 27 under any other requirement. 11 28 Sec. 12. Section 237A.7, unnumbered paragraph 1, Code 11 29 1999, is amended to read as follows: 11 30 Anyone who acquires through the administration of this 11 31 chapter information relative to an individual in a childday11 32 care facility or to a relative of the individual shall not, 11 33 directly or indirectly, disclose the information except upon 11 34 inquiry before a court of law or with the written consent of 11 35 the individual or, in the case of a child, the written consent 12 1 of the parent or guardian or as otherwise specifically 12 2 required or allowed by law. 12 3 Sec. 13. Section 237A.8, Code 1999, is amended to read as 12 4 follows: 12 5 237A.8SUSPENSION AND REVOCATIONVIOLATIONS – ACTIONS 12 6 AGAINST LICENSE OR REGISTRATION. 12 7 The administrator, after notice and opportunity for an 12 8 evidentiary hearing before the department of inspections and 12 9 appeals, may suspend or revoke a license or certificate of 12 10 registration issued under this chapter or may reduce a license 12 11 to a provisional license if the person to whom a license or 12 12 certificate is issued violates a provision of this chapter or 12 13 if the person makes false reports regarding the operation of 12 14 the childdaycare facility to the administrator or a designee 12 15 of the administrator. The administrator shall notify the 12 16 parent, guardian, or legal custodian of each child for whom 12 17 the person provides childdaycare, if the license or12 18certificate of registration is suspended or revoked or if12 19there has been a substantiated child abuse case against an12 20employee, owner, or operator of the child day care facilityat 12 21 the time of action to suspend or revoke a license or 12 22 certificate of registration. 12 23 Sec. 14. Section 237A.12, Code 1999, is amended to read as 12 24 follows: 12 25 237A.12 RULES. 12 26 1. Subject to the provisions of chapter 17A, the 12 27 administrator shallpromulgateadopt rules setting minimum 12 28 standards to provide quality childdaycare in the operation 12 29 and maintenance of child care centers and registeredfamily12 30daychild care homes, relating to all of the following: 12 311.a. The number and qualifications of personnel necessary 12 32 to assure the health, safety, and welfare of children in the 12 33 facilities. Rules for facilities which are preschools shall 12 34 be drawn so that any staff-to-children ratios which relate to 12 35 the age of the children enrolled shall be based on the age of 13 1 the majority of the children served by a particular class 13 2 rather than on the age of the youngest child served. 13 32.b. Physical facilities. 13 43.c. The adequacy of activity programs and food services 13 5 available to the children. The administrator shall not 13 6 restrict the use of or apply nutritional standards to a lunch 13 7 or other meal which is brought to the center orfamily day13 8 child care home by a school-age child for the child's 13 9 consumption. 13 104.d. Policies established by the center for parental 13 11 participation. 13 125.e. Programs for education and in-service training of 13 13 staff. 13 146.f. Records kept by the facilities. 13 157.g. Administration. 13 168.h. Health, safety, and medical policies for children. 13 17 2. Rules adopted by the state fire marshal for buildings, 13 18 other than school buildings, used as child care centers as an 13 19 adjunct to the primary purpose of the building shall take into 13 20 consideration that children are received for temporary care 13 21 only and shall not differ from rules adopted for these 13 22 buildings when they are used by groups of persons congregating 13 23 from time to time in the primary use and occupancy of the 13 24 buildings. However, the rules may require a fire-rated 13 25 separation from the remaining portion of the building if the 13 26 fire marshal determines that the separation is necessary for 13 27 the protection of children from a specific flammable hazard. 13 28 3. Rules relating to fire safety shall be adopted under 13 29 this chapter by the state fire marshal in consultation with 13 30 the department. Rules adopted by the state fire marshal for a 13 31 building which is owned or leased by a school district or 13 32 accredited nonpublic school and used as a childdaycare 13 33 facility shall not differ from standards adopted by the state 13 34 fire marshal for school buildings under chapter 100. Rules 13 35 relating to sanitation shall be adopted by the department in 14 1 consultation with the director of public health. All rules 14 2 shall be developed in consultation with the state childday14 3 care advisory council. The state fire marshal shall inspect 14 4 the facilities. 14 5 4. If a building is owned or leased by a school district 14 6 or accredited nonpublic school and complies with standards 14 7 adopted by the state fire marshal for school buildings under 14 8 chapter 100, the building is considered appropriate for use by 14 9 a childdaycare facility. The rules adopted by the 14 10 administrator under this section shall not require the 14 11 facility to comply with building requirements which differ 14 12 from requirements for use of the building as a school. 14 13 5. Standards and requirements set by a city or county for 14 14 a building which is owned or leased by a school district or 14 15 accredited nonpublic school and used as a childdaycare 14 16 facility shall take into consideration that children are 14 17 received for temporary care only and shall not differ from 14 18 standards and requirements set for use of the building as a 14 19 school. 14 20 Sec. 15. Section 237A.19, unnumbered paragraph 2, Code 14 21 1999, is amended to read as follows: 14 22AIf registration is required under section 237A.3A, a 14 23 person who establishes, conducts, manages, or operates agroup14 24daychild care home without registeringunder this chapteror 14 25 a person who operates afamily daychild care home contrary to 14 26 section 237A.5, is guilty of a simple misdemeanor. Each day 14 27 of continuing violation after conviction, or notice from the 14 28 department by certified mail of the violation, is a separate 14 29 offense. A single charge alleging continuing violation may be 14 30 made in lieu of filing charges for each day of violation. 14 31 Sec. 16. Section 237A.20, Code 1999, is amended to read as 14 32 follows: 14 33 237A.20 INJUNCTION. 14 34 A person who establishes, conducts, manages, or operates a 14 35 center without a license or agroup daychild care home 15 1 without a certificate of registration, if registration is 15 2 required under section 237A.3A, may be restrained by temporary 15 3 or permanent injunction. A person who has been convicted of a 15 4 crime against a person or a person with a record of founded 15 5 child abuse may be restrained by temporary or permanent 15 6 injunction from providing unregistered, registered, or 15 7 licensed childdaycare. The action may be instituted by the 15 8 state, the county attorney, a political subdivision of the 15 9 state, or an interested person. 15 10 Sec. 17. Section 237A.21, Code 1999, is amended to read as 15 11 follows: 15 12 237A.21 STATE CHILDDAYCARE ADVISORY COUNCIL. 15 13 1. A state childdaycare advisory council is established 15 14 consisting of not more than thirty-five members from urban and 15 15 rural areas across the state. The membership shall include, 15 16 but is not limited to, all of the following persons or 15 17 representatives with an interest in childdaycare: a 15 18 licensed center, a registeredfamily daychild care home from 15 19 a county with a population of less than twenty-two thousand, 15 20 an unregisteredfamily daychild care home, a parent of a 15 21 child in childdaycare, appropriate governmental agencies, 15 22 and other members as deemed necessary by the director. The 15 23 members are eligible for reimbursement of their actual and 15 24 necessary expenses while engaged in performance of their 15 25 official duties. 15 26 2. Members shall be appointed by the director from a list 15 27 of names submitted by a nominating committee to consist of one 15 28 member of the state council established pursuant to this 15 29 section, one member of the department's childdaycare staff, 15 30 three consumers of childdaycare, and one member of a 15 31 professional childdaycare organization. Two names shall be 15 32 submitted for each appointment. Members shall be appointed 15 33 for terms of three years but no member shall be appointed to 15 34 more than two consecutive terms. The state council shall 15 35 develop its own operational policies which are subject to 16 1 departmental approval. 16 2 3. The membership of the council shall be appointed in a 16 3 manner so as to provide equitable representation of persons 16 4 with an interest in childdaycare and shall include all of 16 5 the following: 16 6 a. Two parents of a child served by afamily or group day16 7 registered child care home. 16 8 b. Two parents of a child served by a licensed center. 16 9 c. Two not-for-profit childdaycare providers. 16 10 d. Two for-profit childdaycare providers. 16 11 e. Twofamily daychild care home providers who are 16 12 registered at level I or level II. 16 13 f. Twogroup daychild care home providers who are 16 14 registered at level III or level IV. 16 15 g. One childdaycare resource and referral service 16 16 grantee. 16 17 h. One nongovernmental child advocacy group 16 18 representative. 16 19 i. One designee of the department of human services or the 16 20 Iowa department of public health. 16 21 j. One designee of the department of education. 16 22 k. One head start program provider. 16 23 l. Two legislators appointed in a manner so that both 16 24 major political parties are represented. 16 25 Sec. 18. Section 237A.22, Code 1999, is amended to read as 16 26 follows: 16 27 237A.22 DUTIES OF STATE CHILDDAYCARE ADVISORY COUNCIL. 16 28 The state childdaycare advisory council shall do all of 16 29 the following: 16 30 1. Consult with and make recommendations to the department 16 31 concerning policy issues relating to childdaycare. 16 32 2. Advise the department concerning services relating to 16 33 childdaycare, including but not limited to any of the 16 34 following: 16 35 a. Resource and referral services. 17 1 b. Provider training. 17 2 c. Quality improvement. 17 3 d. Public-private partnerships. 17 4 e. Standards review and development. 17 5 3. Assist the department in developing an implementation 17 6 plan to provide seamless service to recipients of public 17 7 assistance which includes childdaycare services. For the 17 8 purposes of this subsection, "seamless service" means 17 9 coordination, where possible, of the federal and state 17 10 requirements which apply to childdaycare. 17 11 4. Advise and provide technical services to the director 17 12 of the department of education or the director's designee, 17 13 upon request, relating to prekindergarten, kindergarten, and 17 14 before and after school programming and facilities. 17 15 Sec. 19. Section 237A.26, Code 1999, is amended to read as 17 16 follows: 17 17 237A.26 STATEWIDE RESOURCE AND REFERRAL SERVICES – 17 18 GRANTS. 17 19 1. The department shall administer a statewide grant 17 20 program for childdaycare resource and referral services. 17 21 Grants shall only be awarded to community-based nonprofit 17 22 incorporated agencies and public agencies. Grants shall be 17 23 awarded to facilitate the establishment of regional resource 17 24 and referral agencies throughout the state, based upon the 17 25 distribution of the child population in the state. 17 26 2. The department shall provide oversight of and annually 17 27 evaluate an agency which is awarded a grant to provide 17 28 resource and referral services to a region. 17 29 3. An agency which receives a grant to provide resource 17 30 and referral services shall perform both of the following 17 31 functions: 17 32 a. Organize assistance tofamily and group daychild care 17 33 homes utilizing training levels based upon the homes' degrees 17 34 of experience and interest. 17 35 b. Operate in partnership with both public and private 18 1 interests and coordinate resource and referral services with 18 2 existing community services. 18 3 4. An agency, to be eligible to receive a grant to provide 18 4 resource and referral services, must match the grant with 18 5 financial resources equal to at least twenty-five percent of 18 6 the amount of the grant. The financial resources may include 18 7 a private donation, an in-kind contribution, or a public 18 8 funding source other than a separate state grant for child 18 9 care service improvement. 18 10 5. An agency, to be eligible to receive a grant to provide 18 11 resource and referral services, must have a board of directors 18 12 if the agency is an incorporated nonprofit agency or must have 18 13 an advisory board if the agency is a public agency, to oversee 18 14 the provision of resource and referral services. The board 18 15 shall include providers, consumers, and other persons 18 16 interested in the provision or delivery of childdaycare 18 17 services. 18 18 6. An agency which receives a child care resource and 18 19 referral grant shall provide all of the following services: 18 20 a. Assist families in selecting quality child care. The 18 21 agency must provide referrals to registered and licensed child 18 22daycare facilities, and to persons providing care, 18 23 supervision,orand guidance of a child which is not defined 18 24 as childdaycare under section 237A.1 and may provide 18 25 referrals to unregistered providers. 18 26 b. Assist childdaycare providers in adopting appropriate 18 27 program and business practices to provide quality child care 18 28 services. 18 29 c. Provide information to the public regarding the 18 30 availability of childdaycare services in the communities 18 31 within the agency's region. 18 32 d. Actively encourage the development of new and expansion 18 33 of existing childdaycare facilities in response to 18 34 identified community needs. 18 35 e. Provide specialized services to employers, including 19 1 the provision of resource and referral services to employee 19 2 groups identified by the employer and the provision of 19 3 technical assistance to develop employer-supported childday19 4 care programs. 19 5 f. Refer eligible childdaycare facilities to the federal 19 6 child care food programs. 19 7 g. Loan toys, other equipment, and resource materials to 19 8 childdaycare facilities. 19 9 h. Administer funding designated within the grant to 19 10 provide a substitute caregiver program for registeredfamily19 11and group daychild care homes to provide substitute care in a 19 12 home when the home provider is ill, on vacation, receiving 19 13 training, or is otherwise unable to provide the care. 19 14 7. The department may contract with an agency receiving a 19 15 childdaycare resource and referral grant to perform any of 19 16 the following functions relating to publicly funded services 19 17 providing care, supervision,orand guidance of a child: 19 18 a. Determine an individual's eligibility for the services 19 19 in accordance with income requirements. 19 20 b. Administer a voucher, certificate, or other system for 19 21 reimbursing an eligible provider of the services. 19 22 Sec. 20. Section 237A.27, Code 1999, is amended to read as 19 23 follows: 19 24 237A.27 CRISIS CHILD CARE. 19 25 The department shall establish a special child care 19 26 registration or licensure classification for crisis child care 19 27 which is provided on a temporary emergency basis to a child 19 28 when there is reason to believe that the child may be subject 19 29 to abuse or neglect. The special classification is not 19 30 subject to the definitional restrictions of childdaycare in 19 31 this chapter relating to the provision of childdaycare for a 19 32 period of less than twenty-four hours per day on a regular 19 33 basis. However, the provision of crisis child care shall be 19 34 limited to a period of not more than seventy-two hours for a 19 35 child during any single stay. A person providing crisis child 20 1 care must be registered or licensed under this chapter and 20 2 must be participating or have previously participated in the 20 3 federal crisis nursery pilot project. The department shall 20 4 adopt rules pursuant to chapter 17A to implement this section. 20 5 Sec. 21. Section 237A.28, Code 1999, is amended to read as 20 6 follows: 20 7 237A.28 CHILDDAYCARE CREDIT FUND. 20 8 A childdaycare credit fund is created in the state 20 9 treasury under the authority of the department of human 20 10 services. The moneys in the fund shall consist of moneys 20 11 deposited pursuant to section 422.100 and shall be used for 20 12 childdaycare services as annuallydirectedappropriated by 20 13 the general assembly. 20 14 Sec. 22. Section 237A.29, Code 1999, is amended to read as 20 15 follows: 20 16 237A.29 STATE AND FEDERAL FUNDING OF CHILDDAYCARE. 20 17 State funds and federal funds provided to the state in 20 18 accordance with federal requirements shall not be used to pay 20 19 for the care, supervision,orand guidance of a child for 20 20 periods of less than twenty-four hours per day on a regular 20 21 basisin a place other than the child's homeunless the care, 20 22 supervision,orand guidance is defined as childdaycare as 20 23 used in this chapter. 20 24 DIVISION II 20 25 CONFORMING AMENDMENTS 20 26 Sec. 23. Section 232.69, subsection 1, paragraph b, 20 27 subparagraph (7), Code 1999, is amended to read as follows: 20 28 (7) An employee or operator of a licensed child care 20 29 center or registeredgroup day care home or registered family20 30daychild care home. 20 31 Sec. 24. Section 234.6, subsection 6, paragraph a, Code 20 32 1999, is amended to read as follows: 20 33 a.DayChild care for children or day care for adults, in 20 34 facilities which are licensed or are approved as meeting 20 35 standards for licensure. 21 1 Sec. 25. Section 237.1, subsection 4, paragraph d, Code 21 2 1999, is amended to read as follows: 21 3 d. Childdaycare furnished by a child care center, group21 4day care home,orfamily daya child care home as defined in 21 5 section 237A.1. 21 6 Sec. 26. Section 256.9, subsection 35, unnumbered 21 7 paragraph 2, Code 1999, is amended to read as follows: 21 8 Standards and materials developed shall include materials 21 9 which employ developmentally appropriate practices and 21 10 incorporate substantial parental involvement. The materials 21 11 and standards shall include alternative teaching approaches 21 12 including collaborative teaching and alternative dispute 21 13 resolution training. The department shall consult with the 21 14 child development coordinating council, the statedaychild 21 15 care advisorycommitteecouncil, the department of human 21 16 services, the state board of regents center for early 21 17 developmental education, the area education agencies, the 21 18 department of child development in the college of family and 21 19 consumer sciences at Iowa state university of science and 21 20 technology, the early childhood elementary division of the 21 21 college of education at the university of Iowa, and the 21 22 college of education at the university of northern Iowa, in 21 23 developing these standards and materials. 21 24 Sec. 27. Section 256C.3, subsection 5, Code 1999, is 21 25 amended to read as follows: 21 26 5. Training, technical assistance, and other support by 21 27 the family resource center staff tofamily daychild care home 21 28 providers in the community. The center may serve as an 21 29 information and referral clearinghouse for other child care 21 30 needs and services in the community and shall coordinate the 21 31 center's information and efforts with any child care delivery 21 32 systems that may already exist in the community. The center 21 33 may also provide an adolescent pregnancy prevention program, 21 34 and other programs as the community determines, for 21 35 adolescents emphasizing responsible decision making and 22 1 communication skills. 22 2 Sec. 28. Section 692A.13, subsection 3, paragraph c, 22 3 unnumbered paragraph 1, Code 1999, is amended to read as 22 4 follows: 22 5 For offenders who have been classified as "at-risk" in this 22 6 state pursuant to an assessment conducted as provided in 22 7 subsection 6, the department or a criminal or juvenile justice 22 8 agency may also release the offender's name, a photograph, 22 9 locations frequented by the offender, and relevant Iowa 22 10 criminal history information from the registry to public and 22 11 private schools, childdaycare centers,family daychild care 22 12 home providers, businesses, and organizations that serve 22 13 primarily children, women, or vulnerable adults, and neighbors 22 14 and community groups, or to the public at large. The extent 22 15 of public disclosure of the information shall be rationally 22 16 related to the following: 22 17 Sec. 29. AMENDMENTS TO TERMS "CHILD DAY CARE" AND "DAY 22 18 CARE" – DIRECTIVE TO CODE EDITOR. 22 19 1. Sections 7I.5, 7I.7, 10A.202, 137F.1, 232.71D, 232.78, 22 20 232.188, 235A.15, 239B.7, 239B.8, 239B.10, 256C.3, 279.49, 22 21 279.51, 280.3A, 285.1, 298A.12, and 422.100, Code 1999, are 22 22 amended by striking from the sections the words "child day 22 23 care" or "child day-care" and inserting in lieu thereof the 22 24 words "child care". 22 25 2. Sections 15.285, 15.329, 217.12, 232.69, 235C.3, 22 26 256A.3, 256C.3, 260C.69, and 279.51, Code 1999, are amended by 22 27 striking from the sections the words "day care" or "day-care" 22 28 or "Day care" and inserting in lieu thereof, as appropriate, 22 29 the words "child care" or "Child care". 22 30 3. The Code editor shall substitute the words "child care" 22 31 for the words "child day care" or "child day-care" anywhere in 22 32 the Code if there appears to be no doubt as to the intent to 22 33 refer to child care as defined in chapter 237A, as amended by 22 34 this Act. 22 35 4. The Code editor shall substitute the words "child care" 23 1 for the words "day care" anywhere in the Code if there appears 23 2 to be no doubt as to the intent to refer to child care as 23 3 defined in chapter 237A, as amended by this Act. 23 4 DIVISION III 23 5 REPEAL – EFFECTIVE DATE – APPLICABILITY TRANSITION 23 6 Sec. 30. 23 7 1. Section 237A.3, Code 1999, is repealed June 30, 2000. 23 8 2. This Act takes effect July 1, 1999. However, the 23 9 provisions of section 237A.3 and associated administrative 23 10 rules adopted under that section shall remain applicable to a 23 11 family or group child day care home registered as of June 30, 23 12 1999, until the renewal date of the registration or upon 23 13 request of the home for registration under the provisions of 23 14 section 237A.3A, as amended by this Act, whichever is earlier. 23 15 3. For unregistered family child day care homes, the 23 16 provisions of section 237A.3 and associated administrative 23 17 rules shall remain applicable through June 30, 2000, unless an 23 18 unregistered home applies for registration on or after July 1, 23 19 1999. The child care home provisions of section 237A.3A, as 23 20 amended by this Act, shall apply to initial applications for 23 21 registration under chapter 237A received on or after July 1, 23 22 1999. 23 23 EXPLANATION 23 24 This bill relates to child care provisions administered by 23 25 the department of human services, expands statewide a pilot 23 26 project establishing levels for child care home registrations, 23 27 the terminology used to describe child care, and makes an 23 28 appropriation of certain civil penalties collected by the 23 29 department. 23 30 Division I makes numerous changes to Code chapter 237A, 23 31 relating to regulation of child care by the department of 23 32 human services. The terms "child day care" and "day care" are 23 33 changed to "child care" throughout the chapter and a pilot 23 34 project for registration of home providers of child care is 23 35 expanded statewide. 24 1 Code section 237A.1, relating to definitions, is amended to 24 2 strike, rewrite, and add to the list of exceptions to the 24 3 definition of child care. The bill provides that care 24 4 provided by a relative of a child and care provided in the 24 5 child's home would be considered to be child care for purposes 24 6 of Code chapter 237A. Definitions of "family day care home" 24 7 and "group day care home" are revised to "child care home". 24 8 The definitions of "low-income family", and "relative" which 24 9 are no longer used in Code chapter 237A, or are no longer used 24 10 in the definitions are stricken. 24 11 Code section 237A.2, relating to licensing of child care 24 12 centers, is amended to number and letter paragraphs. In 24 13 addition, authority for renewal of a one-year provisional 24 14 license, allowed when a center does not meet standards, is 24 15 limited to not more than two consecutive years for the same 24 16 standard. 24 17 The bill includes a new subsection 6 in Code section 237A.2 24 18 which authorizes the administrator to adopt rules applying 24 19 civil penalties to child care facilities which do not comply 24 20 with key standards. The amount of a civil penalty is within 24 21 the discretion of the department but cannot exceed $1,000. 24 22 Any civil penalties collected are appropriated to the 24 23 department for personnel costs associated with regulation of 24 24 child care and other activities designed to improve child care 24 25 quality. 24 26 Code section 237A.3A, relating to a pilot project for child 24 27 care homes, is amended to make the terminology changes. Under 24 28 current law, the pilot project is limited to not more than two 24 29 counties and establishes four registration levels to a new 24 30 registration category of "child care home". The bill expands 24 31 the pilot project to apply statewide to all home child care 24 32 providers and replaces all references to family and group day 24 33 homes with the new category. The current law for home 24 34 registration, Code section 237A.3, is repealed effective July 24 35 1, 2000. 25 1 The bill amends Code section 237A.3A to include authority 25 2 for a registration certificate to be issued to two or more 25 3 qualified persons. The bill provides that the inclement 25 4 weather exception which allows additional children to be 25 5 present in child care homes when schools are closed for 25 6 weather reasons is the same for unregistered child care homes 25 7 as for level I registered child care homes. 25 8 Code section 237A.4, relating to inspection of child care 25 9 facilities and homes, is amended to make the terminology 25 10 changes. 25 11 Code section 237A.5, relating to requirements for personnel 25 12 of child care facilities, is amended to make the terminology 25 13 changes. 25 14 Code section 237A.5 requirements involving criminal and 25 15 child abuse record checks are amended. Under current law, the 25 16 department is required to perform an evaluation if record 25 17 checks indicate persons involved with child care have been 25 18 convicted of a crime or have a record of founded abuse. The 25 19 bill removes a requirement for the employer of a person to 25 20 participate in the evaluation. In addition, if it is 25 21 determined that a child receiving care from a child care 25 22 facility is the victim of founded child abuse placed in the 25 23 central registry that was committed by a registration or 25 24 license holder or an employee of the facility or someone 25 25 residing in the facility, the department is required to notify 25 26 the parents, guardians, and custodians of the children 25 27 receiving care from the facility. However, the notification 25 28 cannot identify the victim or perpetrator or circumstances of 25 29 the founded abuse. 25 30 Code section 237A.7, relating to requirements for keeping 25 31 information confidential concerning recipients of child care 25 32 and their relatives, is amended to make the terminology 25 33 changes. 25 34 Code section 237A.8, relating to provisions for suspension 25 35 and revocation of a license or certificate of registration, is 26 1 amended to make the terminology changes and to allow the 26 2 department to reduce a child care license to a provisional 26 3 license. In addition, the requirement to notify the parents 26 4 of children receiving care if there has been a substantiated 26 5 child abuse case against the provider is stricken in this Code 26 6 section and moved by the bill to Code section 237A.5. 26 7 Code section 237A.12, relating to the child care rules 26 8 adopted by the department, is amended to make the terminology 26 9 changes and to number currently unnumbered paragraphs. 26 10 Code section 237A.20, relating to injunctions for 26 11 restraining persons from providing unauthorized child care, is 26 12 amended to make the terminology changes. In addition, the 26 13 county attorney is specifically authorized to bring an action 26 14 for an injunction. 26 15 Code sections 237A.21, 237A.22, 237A.26, 237A.27, 237A.28, 26 16 and 237A.29 are amended to make the terminology changes and 26 17 other changes involving the elimination of family and group 26 18 child care home registration classifications. 26 19 Division II provides for conforming amendments to make the 26 20 terminology changes throughout the Code, including general 26 21 authority for the Code editor to apply the changes where 26 22 clearly warranted. 26 23 Division III of the bill includes special effective dates 26 24 and applicability provisions in transition to the new system 26 25 of registration of child care homes during fiscal year 1999- 26 26 2000. The new registration approach would be applicable upon 26 27 initial application for registration, at registration renewal, 26 28 or upon request of the registrant during that fiscal year. 26 29 Code section 237A.3 remains applicable to unregistered 26 30 providers during the transition year. 26 31 LSB 1258HV 78 26 32 jp/cf/24
Text: HF00609 Text: HF00611 Text: HF00600 - HF00699 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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