Text: HSB00128                          Text: HSB00130
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 129

Bill Text

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 child day care or preschool services for seven or
  1 14 more children, except when the facility is registered as a
  1 15 family day child care home or group day care home.
  1 16    4.  "Child day care" means the care, supervision, or and
  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 basis in a
  1 20 place other than the child's home, but does not include care,
  1 21 supervision, or and 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 by a any 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 a
  1 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 32    b. c.  A Any of the following church-related programs:
  1 33    (1)  An instructional program of not more than one day per
  1 34 week.
  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  5    c. 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  8    d. 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 12    e. f.  A nonprofit program operated not more than one day
  2 13 per week by volunteers for no charge which 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 for not more less than two four
  2 18 hours during any twenty-four hour twenty-four-hour period.
  2 19    (3)  The program is provided at no cost to the children's
  2 20 parent, guardian, or custodian.
  2 21    f.  A program provided by the state or a political
  2 22 subdivision, which provides recreational classes for a period
  2 23 of 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 28    h.  An instructional program administered by a nonpublic
  2 29 school system which is not accredited by the department of
  2 30 education 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.  "Child day care facility" or "facility" means a child
  3 19 care center, group day care home preschool, or a registered
  3 20 family day child 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 26    6. 8.  "Department" means the department of human services.
  3 27    7. 9.  "Director" means the director of human services.
  3 28    8.  a.  "Family day care home" means a person or program
  3 29 which provides child day care to less than seven children at
  3 30 any one time or to less than twelve children at any one time
  3 31 as authorized by section 237A.3, subsection 1.
  3 32    b.  "Group day care home" means a facility providing child
  3 33 day care for more than six but less than twelve children as
  3 34 authorized in accordance with section 237A.3, subsection 2, or
  3 35 for less than sixteen children at any one time as authorized
  4  1 in 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  4    9. 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  8    10.  "Low-income family" means a family whose monthly gross
  4  9 income is less than the lower of:
  4 10    a.  Eighty percent of the median income of a family of four
  4 11 in this state adjusted to take into account the size of the
  4 12 family; or
  4 13    b.  The median income of a family of four in the fifty
  4 14 states and the District of Columbia adjusted to take into
  4 15 account the size of the family.
  4 16    11. 12.  "Preschool" means a child day care 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 22    12.  "Relative" means a person who by marriage, blood, or
  4 23 adoption is a parent, grandparent, brother, sister,
  4 24 stepfather, stepmother, stepbrother, stepsister, uncle, aunt,
  4 25 first cousin, or guardian.
  4 26    13.  "School" means kindergarten or a higher grade level.
  4 27    13. 14.  "State child day care advisory council" means the
  4 28 state child day care 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  8    1. 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 11    2. b.  The center is maintained to comply with state health
  5 12 and fire laws.
  5 13    3. c.  The center is maintained to comply with rules
  5 14 promulgated adopted 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 child day care may be offered and the number of
  5 26 individuals who may be received for care at any one time.  No
  5 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 department promulgating 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 child day care in section
  6  8 237A.1, subsection 4, but which provides care, supervision, or
  6  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 program in a pilot project county which
  7 20 provides care, supervision, or and guidance to a child which
  7 21 is not defined as child day care under section 237A.1, may be
  7 22 issued a certificate of registration under this section as 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 child day care 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 child day care 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 child day care 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 to insure ensure 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 35 insure ensure 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 registered family day child 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 of family day child 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 1, 2, 6, and 7, Code
  9 15 1999, are amended to read as follows:
  9 16    1.  All personnel in licensed or registered facilities
  9 17 shall have good health as evidenced by a report following a
  9 18 preemployment physical examination taken within six months
  9 19 prior to beginning employment.  The examination shall include
  9 20 communicable disease tests conducted by a licensed physician
  9 21 as defined in section 135C.1 and , licensed physician
  9 22 assistant, or an advanced registered nurse practitioner.  The
  9 23 examiner shall determine whether the employee's health status
  9 24 would impede or limit the employee's ability to care for
  9 25 children in a child care environment.  The physical
  9 26 examination shall be repeated every three years after initial
  9 27 employment.  Controlled medical Medical conditions which would
  9 28 not affect the performance of the employee in the capacity
  9 29 employed or the health and safety of children shall not
  9 30 prohibit employment.
  9 31    2.  a.  If a person is being considered for licensure or
  9 32 registration under this chapter, or for employment involving
  9 33 direct responsibility for a child or with access to a child
  9 34 when the child is alone, by a child day care facility subject
  9 35 to licensure or registration under this chapter, or if a
 10  1 person will reside in a facility, and if the person has been
 10  2 convicted of a crime or has a record of founded child abuse,
 10  3 the department and the licensee or registrant for an employee
 10  4 of the licensee or registrant shall perform an evaluation to
 10  5 determine whether the crime or founded child abuse warrants
 10  6 prohibition of licensure, registration, employment, or
 10  7 residence in the facility.  The department shall conduct
 10  8 criminal and child abuse record checks in this state and may
 10  9 conduct these checks in other states.  The evaluation shall be
 10 10 performed in accordance with procedures adopted for this
 10 11 purpose by the department.
 10 12    b.  If the department determines that a person has
 10 13 committed a crime or has a record of founded child abuse and
 10 14 is licensed, employed by a licensee or registrant or
 10 15 registered under this chapter, or resides in a licensed or
 10 16 registered facility the department shall notify the licensee
 10 17 or registrant that an evaluation will be conducted to
 10 18 determine whether prohibition of the person's licensure,
 10 19 registration, employment, or residence is warranted.
 10 20    c.  In an evaluation, the department and the licensee or
 10 21 registrant for an employee of the licensee or registrant shall
 10 22 consider the nature and seriousness of the crime or founded
 10 23 child abuse in relation to the position sought or held, the
 10 24 time elapsed since the commission of the crime or founded
 10 25 child abuse, the circumstances under which the crime or
 10 26 founded child abuse was committed, the degree of
 10 27 rehabilitation, the likelihood that the person will commit the
 10 28 crime or founded child abuse again, and the number of crimes
 10 29 or founded child abuses committed by the person involved.  The
 10 30 department may permit a person who is evaluated to be
 10 31 licensed, registered, employed, or to reside, or to continue
 10 32 to be licensed, registered, employed, or to reside in a
 10 33 licensed facility, if the person complies with the
 10 34 department's conditions relating to the person's licensure,
 10 35 registration, employment, or residence, which may include
 11  1 completion of additional training.  For an employee of a
 11  2 licensee or registrant, these conditional requirements shall
 11  3 be developed with the licensee or registrant.  The department
 11  4 has final authority in determining whether prohibition of the
 11  5 person's licensure, registration, employment, or residence is
 11  6 warranted and in developing any conditional requirements under
 11  7 this paragraph.
 11  8    d.  If the department determines that the person has
 11  9 committed a crime or has a record of founded child abuse which
 11 10 warrants prohibition of licensure, registration, employment,
 11 11 or residence, the person shall not be licensed or registered
 11 12 under this chapter to operate a child day care facility and
 11 13 shall not be employed by a licensee or registrant or reside in
 11 14 a facility licensed or registered under this chapter.
 11 15    e.  If it has been determined that a child receiving child
 11 16 care from a child care facility is the victim of founded child
 11 17 abuse committed by an employee, license or registration
 11 18 holder, or resident of the child care facility for which a
 11 19 report is placed in the central registry pursuant to section
 11 20 232.71D, the administrator shall provide notification at the
 11 21 time of the determination to the parents, guardians, and
 11 22 custodians of children receiving care from the facility.  A
 11 23 notification made under this paragraph shall identify the type
 11 24 of abuse but shall not identify the victim or perpetrator or
 11 25 circumstances of the founded abuse.
 11 26    6.  A person who receives public funds for providing child
 11 27 day care and who is not registered or licensed under this
 11 28 chapter and individuals who reside with the person shall be
 11 29 subject to the provisions of subsection 2 as though the person
 11 30 either is being considered for registration or is registered
 11 31 to provide child day care under this chapter.  If the person
 11 32 or individual residing with the person would be prohibited
 11 33 from licensure, registration, employment, or residence under
 11 34 subsection 2, the person shall not provide child day care and
 11 35 is not eligible to receive public funds to do so.  A person
 12  1 who continues to provide child day care in violation of this
 12  2 subsection is subject to penalty under section 237A.19 and
 12  3 injunction under section 237A.20.
 12  4    7.  A person who serves as an unpaid volunteer in a child
 12  5 day care facility shall not be required to complete training
 12  6 as a mandatory reporter of child abuse under section 232.69 or
 12  7 under any other requirement.
 12  8    Sec. 12.  Section 237A.7, unnumbered paragraph 1, Code
 12  9 1999, is amended to read as follows:
 12 10    Anyone who acquires through the administration of this
 12 11 chapter information relative to an individual in a child day
 12 12 care facility or to a relative of the individual shall not,
 12 13 directly or indirectly, disclose the information except upon
 12 14 inquiry before a court of law or with the written consent of
 12 15 the individual or, in the case of a child, the written consent
 12 16 of the parent or guardian or as otherwise specifically
 12 17 required or allowed by law.
 12 18    Sec. 13.  Section 237A.8, Code 1999, is amended to read as
 12 19 follows:
 12 20    237A.8  SUSPENSION AND REVOCATION VIOLATIONS – ACTIONS
 12 21 AGAINST LICENSE OR REGISTRATION.
 12 22    The administrator, after notice and opportunity for an
 12 23 evidentiary hearing before the department of inspections and
 12 24 appeals, may suspend or revoke a license or certificate of
 12 25 registration issued under this chapter or may reduce a license
 12 26 to a provisional license if the person to whom a license or
 12 27 certificate is issued violates a provision of this chapter or
 12 28 if the person makes false reports regarding the operation of
 12 29 the child day care facility to the administrator or a designee
 12 30 of the administrator.  The administrator shall notify the
 12 31 parent, guardian, or legal custodian of each child for whom
 12 32 the person provides child day care, if the license or
 12 33 certificate of registration is suspended or revoked or if
 12 34 there has been a substantiated child abuse case against an
 12 35 employee, owner, or operator of the child day care facility at
 13  1 the time of action to suspend or revoke a license or
 13  2 certificate of registration.
 13  3    Sec. 14.  Section 237A.12, Code 1999, is amended to read as
 13  4 follows:
 13  5    237A.12  RULES.
 13  6    1.  Subject to the provisions of chapter 17A, the
 13  7 administrator shall promulgate adopt rules setting minimum
 13  8 standards to provide quality child day care in the operation
 13  9 and maintenance of child care centers and registered family
 13 10 day child care homes, relating to all of the following:
 13 11    1. a.  The number and qualifications of personnel necessary
 13 12 to assure the health, safety, and welfare of children in the
 13 13 facilities.  Rules for facilities which are preschools shall
 13 14 be drawn so that any staff-to-children ratios which relate to
 13 15 the age of the children enrolled shall be based on the age of
 13 16 the majority of the children served by a particular class
 13 17 rather than on the age of the youngest child served.
 13 18    2. b.  Physical facilities.
 13 19    3. c.  The adequacy of activity programs and food services
 13 20 available to the children.  The administrator shall not
 13 21 restrict the use of or apply nutritional standards to a lunch
 13 22 or other meal which is brought to the center or family day
 13 23 child care home by a school-age child for the child's
 13 24 consumption.
 13 25    4. d.  Policies established by the center for parental
 13 26 participation.
 13 27    5. e.  Programs for education and in-service training of
 13 28 staff.
 13 29    6. f.  Records kept by the facilities.
 13 30    7. g.  Administration.
 13 31    8. h.  Health, safety, and medical policies for children.
 13 32    2.  Rules adopted by the state fire marshal for buildings,
 13 33 other than school buildings, used as child care centers as an
 13 34 adjunct to the primary purpose of the building shall take into
 13 35 consideration that children are received for temporary care
 14  1 only and shall not differ from rules adopted for these
 14  2 buildings when they are used by groups of persons congregating
 14  3 from time to time in the primary use and occupancy of the
 14  4 buildings.  However, the rules may require a fire-rated
 14  5 separation from the remaining portion of the building if the
 14  6 fire marshal determines that the separation is necessary for
 14  7 the protection of children from a specific flammable hazard.
 14  8    3.  Rules relating to fire safety shall be adopted under
 14  9 this chapter by the state fire marshal in consultation with
 14 10 the department.  Rules adopted by the state fire marshal for a
 14 11 building which is owned or leased by a school district or
 14 12 accredited nonpublic school and used as a child day care
 14 13 facility shall not differ from standards adopted by the state
 14 14 fire marshal for school buildings under chapter 100.  Rules
 14 15 relating to sanitation shall be adopted by the department in
 14 16 consultation with the director of public health.  All rules
 14 17 shall be developed in consultation with the state child day
 14 18 care advisory council.  The state fire marshal shall inspect
 14 19 the facilities.
 14 20    4.  If a building is owned or leased by a school district
 14 21 or accredited nonpublic school and complies with standards
 14 22 adopted by the state fire marshal for school buildings under
 14 23 chapter 100, the building is considered appropriate for use by
 14 24 a child day care facility.  The rules adopted by the
 14 25 administrator under this section shall not require the
 14 26 facility to comply with building requirements which differ
 14 27 from requirements for use of the building as a school.
 14 28    5.  Standards and requirements set by a city or county for
 14 29 a building which is owned or leased by a school district or
 14 30 accredited nonpublic school and used as a child day care
 14 31 facility shall take into consideration that children are
 14 32 received for temporary care only and shall not differ from
 14 33 standards and requirements set for use of the building as a
 14 34 school.
 14 35    Sec. 15.  Section 237A.19, unnumbered paragraph 2, Code
 15  1 1999, is amended to read as follows:
 15  2    A If registration is required under section 237A.3A, a
 15  3 person who establishes, conducts, manages, or operates a group
 15  4 day child care home without registering under this chapter or
 15  5 a person who operates a family day child care home contrary to
 15  6 section 237A.5, is guilty of a simple misdemeanor.  Each day
 15  7 of continuing violation after conviction, or notice from the
 15  8 department by certified mail of the violation, is a separate
 15  9 offense.  A single charge alleging continuing violation may be
 15 10 made in lieu of filing charges for each day of violation.
 15 11    Sec. 16.  Section 237A.20, Code 1999, is amended to read as
 15 12 follows:
 15 13    237A.20  INJUNCTION.
 15 14    A person who establishes, conducts, manages, or operates a
 15 15 center without a license or a group day child care home
 15 16 without a certificate of registration, if registration is
 15 17 required under section 237A.3A, may be restrained by temporary
 15 18 or permanent injunction.  A person who has been convicted of a
 15 19 crime against a person or a person with a record of founded
 15 20 child abuse may be restrained by temporary or permanent
 15 21 injunction from providing unregistered, registered, or
 15 22 licensed child day care.  The action may be instituted by the
 15 23 state, the county attorney, a political subdivision of the
 15 24 state, or an interested person.
 15 25    Sec. 17.  Section 237A.21, Code 1999, is amended to read as
 15 26 follows:
 15 27    237A.21  STATE CHILD DAY CARE ADVISORY COUNCIL.
 15 28    1.  A state child day care advisory council is established
 15 29 consisting of not more than thirty-five members from urban and
 15 30 rural areas across the state.  The membership shall include,
 15 31 but is not limited to, all of the following persons or
 15 32 representatives with an interest in child day care:  a
 15 33 licensed center, a registered family day child care home from
 15 34 a county with a population of less than twenty-two thousand,
 15 35 an unregistered family day child care home, a parent of a
 16  1 child in child day care, appropriate governmental agencies,
 16  2 and other members as deemed necessary by the director.  The
 16  3 members are eligible for reimbursement of their actual and
 16  4 necessary expenses while engaged in performance of their
 16  5 official duties.
 16  6    2.  Members shall be appointed by the director from a list
 16  7 of names submitted by a nominating committee to consist of one
 16  8 member of the state council established pursuant to this
 16  9 section, one member of the department's child day care staff,
 16 10 three consumers of child day care, and one member of a
 16 11 professional child day care organization.  Two names shall be
 16 12 submitted for each appointment.  Members shall be appointed
 16 13 for terms of three years but no member shall be appointed to
 16 14 more than two consecutive terms.  The state council shall
 16 15 develop its own operational policies which are subject to
 16 16 departmental approval.
 16 17    3.  The membership of the council shall be appointed in a
 16 18 manner so as to provide equitable representation of persons
 16 19 with an interest in child day care and shall include all of
 16 20 the following:
 16 21    a.  Two parents of a child served by a family or group day
 16 22 registered child care home.
 16 23    b.  Two parents of a child served by a licensed center.
 16 24    c.  Two not-for-profit child day care providers.
 16 25    d.  Two for-profit child day care providers.
 16 26    e.  Two family day child care home providers who are
 16 27 registered at level I or level II.
 16 28    f.  Two group day child care home providers who are
 16 29 registered at level III or level IV.
 16 30    g.  One child day care resource and referral service
 16 31 grantee.
 16 32    h.  One nongovernmental child advocacy group
 16 33 representative.
 16 34    i.  One designee of the department of human services or the
 16 35 Iowa department of public health.
 17  1    j.  One designee of the department of education.
 17  2    k.  One head start program provider.
 17  3    l.  Two legislators appointed in a manner so that both
 17  4 major political parties are represented.
 17  5    Sec. 18.  Section 237A.22, Code 1999, is amended to read as
 17  6 follows:
 17  7    237A.22  DUTIES OF STATE CHILD DAY CARE ADVISORY COUNCIL.
 17  8    The state child day care advisory council shall do all of
 17  9 the following:
 17 10    1.  Consult with and make recommendations to the department
 17 11 concerning policy issues relating to child day care.
 17 12    2.  Advise the department concerning services relating to
 17 13 child day care, including but not limited to any of the
 17 14 following:
 17 15    a.  Resource and referral services.
 17 16    b.  Provider training.
 17 17    c.  Quality improvement.
 17 18    d.  Public-private partnerships.
 17 19    e.  Standards review and development.
 17 20    3.  Assist the department in developing an implementation
 17 21 plan to provide seamless service to recipients of public
 17 22 assistance which includes child day care services.  For the
 17 23 purposes of this subsection, "seamless service" means
 17 24 coordination, where possible, of the federal and state
 17 25 requirements which apply to child day care.
 17 26    4.  Advise and provide technical services to the director
 17 27 of the department of education or the director's designee,
 17 28 upon request, relating to prekindergarten, kindergarten, and
 17 29 before and after school programming and facilities.
 17 30    Sec. 19.  Section 237A.26, Code 1999, is amended to read as
 17 31 follows:
 17 32    237A.26  STATEWIDE RESOURCE AND REFERRAL SERVICES –
 17 33 GRANTS.
 17 34    1.  The department shall administer a statewide grant
 17 35 program for child day care resource and referral services.
 18  1 Grants shall only be awarded to community-based nonprofit
 18  2 incorporated agencies and public agencies.  Grants shall be
 18  3 awarded to facilitate the establishment of regional resource
 18  4 and referral agencies throughout the state, based upon the
 18  5 distribution of the child population in the state.
 18  6    2.  The department shall provide oversight of and annually
 18  7 evaluate an agency which is awarded a grant to provide
 18  8 resource and referral services to a region.
 18  9    3.  An agency which receives a grant to provide resource
 18 10 and referral services shall perform both of the following
 18 11 functions:
 18 12    a.  Organize assistance to family and group day child care
 18 13 homes utilizing training levels based upon the homes' degrees
 18 14 of experience and interest.
 18 15    b.  Operate in partnership with both public and private
 18 16 interests and coordinate resource and referral services with
 18 17 existing community services.
 18 18    4.  An agency, to be eligible to receive a grant to provide
 18 19 resource and referral services, must match the grant with
 18 20 financial resources equal to at least twenty-five percent of
 18 21 the amount of the grant.  The financial resources may include
 18 22 a private donation, an in-kind contribution, or a public
 18 23 funding source other than a separate state grant for child
 18 24 care service improvement.
 18 25    5.  An agency, to be eligible to receive a grant to provide
 18 26 resource and referral services, must have a board of directors
 18 27 if the agency is an incorporated nonprofit agency or must have
 18 28 an advisory board if the agency is a public agency, to oversee
 18 29 the provision of resource and referral services.  The board
 18 30 shall include providers, consumers, and other persons
 18 31 interested in the provision or delivery of child day care
 18 32 services.
 18 33    6.  An agency which receives a child care resource and
 18 34 referral grant shall provide all of the following services:
 18 35    a.  Assist families in selecting quality child care.  The
 19  1 agency must provide referrals to registered and licensed child
 19  2 day care facilities, and to persons providing care,
 19  3 supervision, or and guidance of a child which is not defined
 19  4 as child day care under section 237A.1 and may provide
 19  5 referrals to unregistered providers.
 19  6    b.  Assist child day care providers in adopting appropriate
 19  7 program and business practices to provide quality child care
 19  8 services.
 19  9    c.  Provide information to the public regarding the
 19 10 availability of child day care services in the communities
 19 11 within the agency's region.
 19 12    d.  Actively encourage the development of new and expansion
 19 13 of existing child day care facilities in response to
 19 14 identified community needs.
 19 15    e.  Provide specialized services to employers, including
 19 16 the provision of resource and referral services to employee
 19 17 groups identified by the employer and the provision of
 19 18 technical assistance to develop employer-supported child day
 19 19 care programs.
 19 20    f.  Refer eligible child day care facilities to the federal
 19 21 child care food programs.
 19 22    g.  Loan toys, other equipment, and resource materials to
 19 23 child day care facilities.
 19 24    h.  Administer funding designated within the grant to
 19 25 provide a substitute caregiver program for registered family
 19 26 and group day child care homes to provide substitute care in a
 19 27 home when the home provider is ill, on vacation, receiving
 19 28 training, or is otherwise unable to provide the care.
 19 29    7.  The department may contract with an agency receiving a
 19 30 child day care resource and referral grant to perform any of
 19 31 the following functions relating to publicly funded services
 19 32 providing care, supervision, or and guidance of a child:
 19 33    a.  Determine an individual's eligibility for the services
 19 34 in accordance with income requirements.
 19 35    b.  Administer a voucher, certificate, or other system for
 20  1 reimbursing an eligible provider of the services.
 20  2    Sec. 20.  Section 237A.27, Code 1999, is amended to read as
 20  3 follows:
 20  4    237A.27  CRISIS CHILD CARE.
 20  5    The department shall establish a special child care
 20  6 registration or licensure classification for crisis child care
 20  7 which is provided on a temporary emergency basis to a child
 20  8 when there is reason to believe that the child may be subject
 20  9 to abuse or neglect.  The special classification is not
 20 10 subject to the definitional restrictions of child day care in
 20 11 this chapter relating to the provision of child day care for a
 20 12 period of less than twenty-four hours per day on a regular
 20 13 basis.  However, the provision of crisis child care shall be
 20 14 limited to a period of not more than seventy-two hours for a
 20 15 child during any single stay.  A person providing crisis child
 20 16 care must be registered or licensed under this chapter and
 20 17 must be participating or have previously participated in the
 20 18 federal crisis nursery pilot project.  The department shall
 20 19 adopt rules pursuant to chapter 17A to implement this section.
 20 20    Sec. 21.  Section 237A.28, Code 1999, is amended to read as
 20 21 follows:
 20 22    237A.28  CHILD DAY CARE CREDIT FUND.
 20 23    A child day care credit fund is created in the state
 20 24 treasury under the authority of the department of human
 20 25 services.  The moneys in the fund shall consist of moneys
 20 26 deposited pursuant to section 422.100 and shall be used for
 20 27 child day care services as annually directed appropriated by
 20 28 the general assembly.
 20 29    Sec. 22.  Section 237A.29, Code 1999, is amended to read as
 20 30 follows:
 20 31    237A.29  STATE AND FEDERAL FUNDING OF CHILD DAY CARE.
 20 32    State funds and federal funds provided to the state in
 20 33 accordance with federal requirements shall not be used to pay
 20 34 for the care, supervision, or and guidance of a child for
 20 35 periods of less than twenty-four hours per day on a regular
 21  1 basis in a place other than the child's home unless the care,
 21  2 supervision, or and guidance is defined as child day care as
 21  3 used in this chapter.  
 21  4                           DIVISION II
 21  5                      CONFORMING AMENDMENTS
 21  6    Sec. 23.  Section 232.69, subsection 1, paragraph b,
 21  7 subparagraph (7), Code 1999, is amended to read as follows:
 21  8    (7)  An employee or operator of a licensed child care
 21  9 center or registered group day care home or registered family
 21 10 day child care home.
 21 11    Sec. 24.  Section 234.6, subsection 6, paragraph a, Code
 21 12 1999, is amended to read as follows:
 21 13    a.  Day Child care for children or day care for adults, in
 21 14 facilities which are licensed or are approved as meeting
 21 15 standards for licensure.
 21 16    Sec. 25.  Section 237.1, subsection 4, paragraph d, Code
 21 17 1999, is amended to read as follows:
 21 18    d.  Child day care furnished by a child care center, group
 21 19 day care home, or family day a child care home as defined in
 21 20 section 237A.1.
 21 21    Sec. 26.  Section 256.9, subsection 35, unnumbered
 21 22 paragraph 2, Code 1999, is amended to read as follows:
 21 23    Standards and materials developed shall include materials
 21 24 which employ developmentally appropriate practices and
 21 25 incorporate substantial parental involvement.  The materials
 21 26 and standards shall include alternative teaching approaches
 21 27 including collaborative teaching and alternative dispute
 21 28 resolution training.  The department shall consult with the
 21 29 child development coordinating council, the state day child
 21 30 care advisory committee council, the department of human
 21 31 services, the state board of regents center for early
 21 32 developmental education, the area education agencies, the
 21 33 department of child development in the college of family and
 21 34 consumer sciences at Iowa state university of science and
 21 35 technology, the early childhood elementary division of the
 22  1 college of education at the university of Iowa, and the
 22  2 college of education at the university of northern Iowa, in
 22  3 developing these standards and materials.
 22  4    Sec. 27.  Section 256C.3, subsection 5, Code 1999, is
 22  5 amended to read as follows:
 22  6    5.  Training, technical assistance, and other support by
 22  7 the family resource center staff to family day child care home
 22  8 providers in the community.  The center may serve as an
 22  9 information and referral clearinghouse for other child care
 22 10 needs and services in the community and shall coordinate the
 22 11 center's information and efforts with any child care delivery
 22 12 systems that may already exist in the community.  The center
 22 13 may also provide an adolescent pregnancy prevention program,
 22 14 and other programs as the community determines, for
 22 15 adolescents emphasizing responsible decision making and
 22 16 communication skills.
 22 17    Sec. 28.  Section 692A.13, subsection 3, paragraph c,
 22 18 unnumbered paragraph 1, Code 1999, is amended to read as
 22 19 follows:
 22 20    For offenders who have been classified as "at-risk" in this
 22 21 state pursuant to an assessment conducted as provided in
 22 22 subsection 6, the department or a criminal or juvenile justice
 22 23 agency may also release the offender's name, a photograph,
 22 24 locations frequented by the offender, and relevant Iowa
 22 25 criminal history information from the registry to public and
 22 26 private schools, child day care centers, family day child care
 22 27 home providers, businesses, and organizations that serve
 22 28 primarily children, women, or vulnerable adults, and neighbors
 22 29 and community groups, or to the public at large.  The extent
 22 30 of public disclosure of the information shall be rationally
 22 31 related to the following:
 22 32    Sec. 29.  AMENDMENTS TO TERMS "CHILD DAY CARE" AND "DAY
 22 33 CARE" – DIRECTIVE TO CODE EDITOR.
 22 34    1.  Sections 7I.5, 7I.7, 10A.202, 137F.1, 232.71D, 232.78,
 22 35 232.188, 235A.15, 239B.7, 239B.8, 239B.10, 256C.3, 279.49,
 23  1 279.51, 280.3A, 285.1, 298A.12, and 422.100, Code 1999, are
 23  2 amended by striking from the sections the words "child day
 23  3 care" or "child day-care" and inserting in lieu thereof the
 23  4 words "child care".
 23  5    2.  Sections 15.285, 15.329, 217.12, 232.69, 235C.3,
 23  6 256A.3, 256C.3, 260C.69, and 279.51, Code 1999, are amended by
 23  7 striking from the sections the words "day care" or "day-care"
 23  8 or "Day care" and inserting in lieu thereof, as appropriate,
 23  9 the words "child care" or "Child care".
 23 10    3.  The Code editor shall substitute the words "child care"
 23 11 for the words "child day care" or "child day-care" anywhere in
 23 12 the Code if there appears to be no doubt as to the intent to
 23 13 refer to child care as defined in chapter 237A, as amended by
 23 14 this Act.
 23 15    4.  The Code editor shall substitute the words "child care"
 23 16 for the words "day care" anywhere in the Code if there appears
 23 17 to be no doubt as to the intent to refer to child care as
 23 18 defined in chapter 237A, as amended by this Act.  
 23 19                          DIVISION III
 23 20      REPEAL – EFFECTIVE DATE – APPLICABILITY TRANSITION
 23 21    Sec. 28.
 23 22    1.  Section 237A.3, Code 1999, is repealed June 30, 2000.
 23 23    2.  This Act takes effect July 1, 1999.  However, the
 23 24 provisions of section 237A.3 and associated administrative
 23 25 rules adopted under that section shall remain applicable to a
 23 26 family or group child day care home registered as of June 30,
 23 27 1999, until the renewal date of the registration or upon
 23 28 request of the home for registration under the provisions of
 23 29 section 237A.3A, as amended by this Act, whichever is earlier.
 23 30    3.  For unregistered family child day care homes, the
 23 31 provisions of section 237A.3 and associated administrative
 23 32 rules shall remain applicable through June 30, 2000, unless an
 23 33 unregistered home applies for registration on or after July 1,
 23 34 1999.  The child care home provisions of section 237A.3A, as
 23 35 amended by this Act, shall apply to initial applications for
 24  1 registration under chapter 237A received on or after July 1,
 24  2 1999.  
 24  3                           EXPLANATION
 24  4    This bill relates to child care provisions administered by
 24  5 the department of human services, expands statewide a pilot
 24  6 project establishing levels for child care home registrations,
 24  7 the terminology used to describe child care, and makes an
 24  8 appropriation of certain civil penalties collected by the
 24  9 department.
 24 10    Division I makes numerous changes to Code chapter 237A,
 24 11 relating to regulation of child care by the department of
 24 12 human services.  The terms "child day care" and "day care" are
 24 13 changed to "child care" throughout the chapter and a pilot
 24 14 project for registration of home providers of child care is
 24 15 expanded statewide.
 24 16    Code section 237A.1, relating to definitions, is amended to
 24 17 strike, rewrite, and add to the list of exceptions to the
 24 18 definition of child care.  The bill provides that care
 24 19 provided by a relative of a child and care provided in the
 24 20 child's home would be considered to be child care for purposes
 24 21 of Code chapter 237A.  Definitions of "family day care home"
 24 22 and "group day care home" are revised to "child care home".
 24 23 The definitions of "low-income family", and "relative" which
 24 24 are no longer used in Code chapter 237A, or are no longer used
 24 25 in the definitions are stricken.
 24 26    Code section 237A.2, relating to licensing of child care
 24 27 centers, is amended to number and letter paragraphs.  In
 24 28 addition, authority for renewal of a one-year provisional
 24 29 license, allowed when a center does not meet standards, is
 24 30 limited to not more than two consecutive years for the same
 24 31 standard.
 24 32    The bill includes a new subsection 6 in Code section 237A.2
 24 33 which authorizes the administrator to adopt rules applying
 24 34 civil penalties to child care facilities which do not comply
 24 35 with key standards.  The amount of a civil penalty is within
 25  1 the discretion of the department but cannot exceed $1,000.
 25  2 Any civil penalties collected are appropriated to the
 25  3 department for personnel costs associated with regulation of
 25  4 child care and other activities designed to improve child care
 25  5 quality.
 25  6    Code section 237A.3A, relating to a pilot project for child
 25  7 care homes, is amended to make the terminology changes.  Under
 25  8 current law, the pilot project is limited to not more than two
 25  9 counties and establishes four registration levels to a new
 25 10 registration category of "child care home".  The bill expands
 25 11 the pilot project to apply statewide to all home child care
 25 12 providers and replaces all references to family and group day
 25 13 homes with the new category.  The current law for home
 25 14 registration, Code section 237A.3, is repealed effective July
 25 15 1, 2000.
 25 16    The bill amends Code section 237A.3A to include authority
 25 17 for a registration certificate to be issued to two or more
 25 18 qualified persons.  The bill provides that the inclement
 25 19 weather exception which allows additional children to be
 25 20 present in child care homes when schools are closed for
 25 21 weather reasons is the same for unregistered child care homes
 25 22 as for level I registered child care homes.
 25 23    Code section 237A.4, relating to inspection of child care
 25 24 facilities and homes, is amended to make the terminology
 25 25 changes.
 25 26    Code section 237A.5, relating to requirements for personnel
 25 27 of child care facilities, is amended to make the terminology
 25 28 changes.  In addition, the type of health practitioners
 25 29 authorized to perform health examinations is expanded to
 25 30 include licensed physician assistants and advanced registered
 25 31 nurse practitioners and the criteria for the examinations are
 25 32 revised.
 25 33    Code section 237A.5 requirements involving criminal and
 25 34 child abuse record checks are amended.  Under current law, the
 25 35 department is required to perform an evaluation if record
 26  1 checks indicate persons involved with child care have been
 26  2 convicted of a crime or have a record of founded abuse.  The
 26  3 bill removes a requirement for the employer of a person to
 26  4 participate in the evaluation.  In addition, if it is
 26  5 determined that a child receiving care from a child care
 26  6 facility is the victim of founded child abuse placed in the
 26  7 central registry that was committed by a registration or
 26  8 license holder or an employee of the facility or someone
 26  9 residing in the facility, the department is required to notify
 26 10 the parents, guardians, and custodians of the children
 26 11 receiving care from the facility.  However, the notification
 26 12 cannot identify the victim or perpetrator or circumstances of
 26 13 the founded abuse.
 26 14    Code section 237A.7, relating to requirements for keeping
 26 15 information confidential concerning recipients of child care
 26 16 and their relatives, is amended to make the terminology
 26 17 changes.
 26 18    Code section 237A.8, relating to provisions for suspension
 26 19 and revocation of a license or certificate of registration, is
 26 20 amended to make the terminology changes and to allow the
 26 21 department to reduce a child care license to a provisional
 26 22 license.  In addition, the requirement to notify the parents
 26 23 of children receiving care if there has been a substantiated
 26 24 child abuse case against the provider is stricken in this Code
 26 25 section and moved by the bill to Code section 237A.5.
 26 26    Code section 237A.12, relating to the child care rules
 26 27 adopted by the department, is amended to make the terminology
 26 28 changes and to number currently unnumbered paragraphs.
 26 29    Code section 237A.20, relating to injunctions for
 26 30 restraining persons from providing unauthorized child care, is
 26 31 amended to make the terminology changes.  In addition, the
 26 32 county attorney is specifically authorized to bring an action
 26 33 for an injunction.
 26 34    Code sections 237A.21, 237A.22, 237A.26, 237A.27, 237A.28,
 26 35 and 237A.29 are amended to make the terminology changes and
 27  1 other changes involving the elimination of family and group
 27  2 child care home registration classifications.
 27  3    Division II provides for conforming amendments to make the
 27  4 terminology changes throughout the Code, including general
 27  5 authority for the Code editor to apply the changes where
 27  6 clearly warranted.
 27  7    Division III of the bill includes special effective dates
 27  8 and applicability provisions in transition to the new system
 27  9 of registration of child care homes during fiscal year 1999-
 27 10 2000.  The new registration approach would be applicable upon
 27 11 initial application for registration, at registration renewal,
 27 12 or upon request of the registrant during that fiscal year.
 27 13 Code section 237A.3 remains applicable to unregistered
 27 14 providers during the transition year.  
 27 15 LSB 1258DP 78
 27 16 jp/cf/24.1
     

Text: HSB00128                          Text: HSB00130
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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