Text: S03476                            Text: S03478
Text: S03400 - S03499                   Text: S Index
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Senate Amendment 3477

Amendment Text

PAG LIN
  1  1    Amend House File 761, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 3, by striking lines 21 and 22 and
  1  4 inserting the following:
  1  5    "6.  "Child care home" means a person or program
  1  6 providing child care as a family child care home or a
  1  7 group child care home as authorized under section
  1  8 237A.3."
  1  9    #2.  By striking page 3, line 28 through page 4,
  1 10 line 1 and inserting the following:
  1 11    "8.  a.  "Family day child care home" means a
  1 12 person or program which provides child day care to
  1 13 less than seven children at any one time or to less
  1 14 than twelve children at any one time as authorized by
  1 15 section 237A.3, subsection 1.
  1 16    b.  "Group day child care home" means a facility
  1 17 providing child day care for more than six but less
  1 18 than twelve children as authorized in accordance with
  1 19 section 237A.3, subsection 2, or for less than sixteen
  1 20 children at any one time as authorized in accordance
  1 21 with section 237A.3, subsection 3."
  1 22    #3.  By striking page 6, line 31, through page 8,
  1 23 line 35, and inserting the following:
  1 24    "Sec.    .  Section 237A.3, Code 1999, is amended
  1 25 to read as follows:
  1 26    237A.3  REGISTRATION OF FAMILY AND GROUP DAY CHILD
  1 27 CARE HOMES.
  1 28    1.  a.  A person who operates or establishes a
  1 29 family day child care home may apply to the department
  1 30 for registration under this chapter.  The department
  1 31 shall issue a certificate of registration upon receipt
  1 32 of a statement from the family day child care home
  1 33 that the home complies with rules adopted by the
  1 34 department.  The registration certificate shall be
  1 35 posted in a conspicuous place in the family day child
  1 36 care home, shall state the name of the registrant, the
  1 37 number of individuals who may be received for care at
  1 38 any one time, and the address of the home, and shall
  1 39 include a check list of registration compliances.
  1 40    b.  No greater number of children than is
  1 41 authorized by the registration certificate shall be
  1 42 kept in the family day child care home at any one
  1 43 time.  However, a registered or unregistered family
  1 44 day child care home may provide care for more than six
  1 45 but less than twelve children at any one time for a
  1 46 period of less than two hours, provided that each
  1 47 child in excess of six children is attending school in
  1 48 kindergarten or a higher grade level.
  1 49    c.  A family day child care home may provide care
  1 50 in accordance with this subsection for more than six
  2  1 but less than twelve children for two hours or more
  2  2 during a day with inclement weather following the
  2  3 cancellation of school classes.  The home must have
  2  4 prior written approval from the parent or guardian of
  2  5 each child present in the home concerning the presence
  2  6 of excess children in the home pursuant to this
  2  7 paragraph.  The home must have a responsible
  2  8 individual, age fourteen or older, on duty to assist
  2  9 the home provider when more than six children are
  2 10 present in accordance with the provisions of this
  2 11 paragraph.  In addition, one or more of the following
  2 12 conditions shall apply to each child present in the
  2 13 home in excess of six children:
  2 14    (1)  The home provides care to the child on a
  2 15 regular basis for periods of less than two hours.
  2 16    (2)  If the child was not present in the family day
  2 17 child care home, the child would be unattended.
  2 18    (3)  The home regularly provides care to a sibling
  2 19 of the child.
  2 20    d.  In determining the number of children cared for
  2 21 at any one time in a registered or unregistered family
  2 22 day child care home, if the person who operates or
  2 23 establishes the home is a child's parent, guardian,
  2 24 relative, or custodian and the child is not attending
  2 25 school in kindergarten or a higher grade level or is
  2 26 not receiving child day care full-time on a regular
  2 27 basis from another person, the child shall be
  2 28 considered to be receiving child day care from the
  2 29 person and shall be counted as one of the children
  2 30 cared for in the home.
  2 31    e.  The registration process may be repeated on an
  2 32 annual basis.
  2 33    f.  A child day care home provider or program which
  2 34 is not a family day child care home by reason of the
  2 35 definition of child day care in section 237A.1,
  2 36 subsection 4, but which provides care, supervision, or
  2 37 guidance to a child may be issued a certificate of
  2 38 registration under this chapter.
  2 39    2.  a.  A person shall not operate or establish a
  2 40 group day child care home unless the person obtains a
  2 41 certificate of registration under this chapter.  Two
  2 42 persons who comply with the individual requirements
  2 43 for registration as a group day child care provider
  2 44 may request that the certificate be issued to the two
  2 45 persons jointly and the department shall issue the
  2 46 joint certificate provided the group day child care
  2 47 home requirements for registration are met.  All other
  2 48 requirements of this chapter for registered family day
  2 49 child care homes and the rules adopted under this
  2 50 chapter for registered family day child care homes
  3  1 apply to group day child care homes.  In addition, the
  3  2 department shall adopt rules relating to the provision
  3  3 in group day child care homes for a separate area for
  3  4 sick children.  In consultation with the state fire
  3  5 marshal, the department shall adopt rules relating to
  3  6 the provision of fire extinguishers, smoke detectors,
  3  7 and two exits accessible to children.
  3  8    b.  Except as provided in subsection 3, a group day
  3  9 child care home shall not provide child day care to
  3 10 more than eleven children at any one time.  If there
  3 11 are more than six children present for a period of two
  3 12 hours or more, the group day child care home must have
  3 13 at least one responsible individual who is at least
  3 14 fourteen years of age present to assist the group day
  3 15 child care provider in accordance with either of the
  3 16 following conditions:
  3 17    (1)  If the responsible individual is a joint
  3 18 holder of the certificate of registration, not more
  3 19 than four of the children present shall be less than
  3 20 twenty-four months of age and not more than ten of the
  3 21 children present shall be twenty-four months of age or
  3 22 older but not attending school in kindergarten or a
  3 23 higher grade level.
  3 24    (2)  If the responsible individual is not a joint
  3 25 holder of the certificate of registration, but is at
  3 26 least fourteen years of age, not more than four of the
  3 27 children shall be less than twenty-four months of age
  3 28 and each child in excess of six children shall be
  3 29 attending school in kindergarten or a higher grade
  3 30 level.
  3 31    3.  A registered group day child care home may
  3 32 provide care in accordance with this subsection for
  3 33 more than eleven but less than sixteen children for a
  3 34 period of less than two hours or for a period of two
  3 35 hours or more during a day with inclement weather
  3 36 following the cancellation of school classes.  The
  3 37 home must have the prior written approval from the
  3 38 parent or guardian of each child present in the home
  3 39 concerning the presence of excess children in the
  3 40 home.  In addition, one or more of the following
  3 41 conditions shall apply to each child present in the
  3 42 home in excess of eleven children during a period of
  3 43 inclement weather:
  3 44    a.  The group day child care home provides care to
  3 45 the child on a regular basis for periods of less than
  3 46 two hours.
  3 47    b.  If the child was not present in the group day
  3 48 child care home, the child would be unattended.
  3 49    c.  The group day child care home provides care to
  3 50 a sibling of the child.
  4  1    4.  A person who operates or establishes a family
  4  2 day care home or a group day child care home and who
  4  3 is a child foster care licensee under chapter 237
  4  4 shall register with the department under this chapter.
  4  5 For purposes of registration and determination of the
  4  6 maximum number of children who can be provided child
  4  7 day care by the family day care home or group day
  4  8 child care home, the children receiving child foster
  4  9 care shall be considered the children of the person
  4 10 operating the family day care home or group day child
  4 11 care home.
  4 12    5.  If the department has denied or revoked a
  4 13 registration because the applicant or person has
  4 14 continually or repeatedly failed to operate a
  4 15 registered child day care facility in compliance with
  4 16 this chapter and rules adopted pursuant to this
  4 17 chapter, the person shall not own or operate a
  4 18 registered facility for a period of six months from
  4 19 the date the registration is denied or revoked.  The
  4 20 department shall not act on an application for
  4 21 registration submitted by the applicant or person
  4 22 during the six-month period."
  4 23    #4.  By striking page 6, line 31, through page 8,
  4 24 line 35.
  4 25    #5.  Page 14, line 30, by striking the figure
  4 26 "237A.3A" and inserting the following:  "237A.3".
  4 27    #6.  Page 15, line 10, by striking the figure
  4 28 "237A.3A" and inserting the following:  "237A.3".
  4 29    #7.  Page 16, by striking lines 19 through 22 and
  4 30 inserting the following:
  4 31    "e.  Two family day child care home providers.
  4 32    f.  Two group day child care home providers."
  4 33    #8.  By striking page 26, line 7, through page 28,
  4 34 line 6 and inserting the following:
  4 35    "   .  Section 237A.3A, Code 1999, is repealed."
  4 36    #9.  By renumbering as necessary.  
  4 37 
  4 38 
  4 39                               
  4 40 JEFF ANGELO 
  4 41 HF 761.710 78
  4 42 jp/sc
     

Text: S03476                            Text: S03478
Text: S03400 - S03499                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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