Text: S03516                            Text: S03518
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index



Senate Amendment 3517

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.  Page 6, by striking lines 20 through 30.
  1 23    #4.  Page 6, by inserting before line 31 the
  1 24 following:
  1 25    "Sec.    .  Section 237A.3, Code 1999, is amended
  1 26 to read as follows:
  1 27    237A.3  REGISTRATION OF FAMILY AND GROUP DAY CHILD
  1 28 CARE HOMES.
  1 29    1.  a.  A person who operates or establishes a
  1 30 family day child care home may apply to the department
  1 31 for registration under this chapter.  The department
  1 32 shall issue a certificate of registration upon receipt
  1 33 of a statement from the family day child care home
  1 34 that the home complies with rules adopted by the
  1 35 department.  The registration certificate shall be
  1 36 posted in a conspicuous place in the family day child
  1 37 care home, shall state the name of the registrant, the
  1 38 number of individuals who may be received for care at
  1 39 any one time, and the address of the home, and shall
  1 40 include a check list of registration compliances.
  1 41    b.  No greater number of children than is
  1 42 authorized by the registration certificate shall be
  1 43 kept in the family day child care home at any one
  1 44 time.  However, a registered or unregistered family
  1 45 day child care home may provide care for more than six
  1 46 but less than twelve children at any one time for a
  1 47 period of less than two hours, provided that each
  1 48 child in excess of six children is attending school in
  1 49 kindergarten or a higher grade level.
  1 50    c.  A family day child care home may provide care
  2  1 in accordance with this subsection for more than six
  2  2 but less than twelve children for two hours or more
  2  3 during a day with inclement weather following the
  2  4 cancellation of school classes.  The home must have
  2  5 prior written approval from the parent or guardian of
  2  6 each child present in the home concerning the presence
  2  7 of excess children in the home pursuant to this
  2  8 paragraph.  The home must have a responsible
  2  9 individual, age fourteen or older, on duty to assist
  2 10 the home provider when more than six children are
  2 11 present in accordance with the provisions of this
  2 12 paragraph.  In addition, one or more of the following
  2 13 conditions shall apply to each child present in the
  2 14 home in excess of six children:
  2 15    (1)  The home provides care to the child on a
  2 16 regular basis for periods of less than two hours.
  2 17    (2)  If the child was not present in the family day
  2 18 child care home, the child would be unattended.
  2 19    (3)  The home regularly provides care to a sibling
  2 20 of the child.
  2 21    d.  In determining the number of children cared for
  2 22 at any one time in a registered or unregistered family
  2 23 day child care home, if the person who operates or
  2 24 establishes the home is a child's parent, guardian,
  2 25 relative, or custodian and the child is not attending
  2 26 school in kindergarten or a higher grade level or is
  2 27 not receiving child day care full-time on a regular
  2 28 basis from another person, the child shall be
  2 29 considered to be receiving child day care from the
  2 30 person and shall be counted as one of the children
  2 31 cared for in the home.
  2 32    e.  The registration process may be repeated on an
  2 33 annual basis.
  2 34    f.  A child day care home provider or program which
  2 35 is not a family day child care home by reason of the
  2 36 definition of child day care in section 237A.1,
  2 37 subsection 4, but which provides care, supervision, or
  2 38 guidance to a child may be issued a certificate of
  2 39 registration under this chapter.
  2 40    2.  a.  A person shall not operate or establish a
  2 41 group day child care home unless the person obtains a
  2 42 certificate of registration under this chapter.  Two
  2 43 persons who comply with the individual requirements
  2 44 for registration as a group day child care provider
  2 45 may request that the certificate be issued to the two
  2 46 persons jointly and the department shall issue the
  2 47 joint certificate provided the group day child care
  2 48 home requirements for registration are met.  All other
  2 49 requirements of this chapter for registered family day
  2 50 child care homes and the rules adopted under this
  3  1 chapter for registered family day child care homes
  3  2 apply to group day child care homes.  In addition, the
  3  3 department shall adopt rules relating to the provision
  3  4 in group day child care homes for a separate area for
  3  5 sick children.  In consultation with the state fire
  3  6 marshal, the department shall adopt rules relating to
  3  7 the provision of fire extinguishers, smoke detectors,
  3  8 and two exits accessible to children.
  3  9    b.  Except as provided in subsection 3, a group day
  3 10 child care home shall not provide child day care to
  3 11 more than eleven children at any one time.  If there
  3 12 are more than six children present for a period of two
  3 13 hours or more, the group day child care home must have
  3 14 at least one responsible individual who is at least
  3 15 fourteen years of age present to assist the group day
  3 16 child care provider in accordance with either of the
  3 17 following conditions:
  3 18    (1)  If the responsible individual is a joint
  3 19 holder of the certificate of registration, not more
  3 20 than four of the children present shall be less than
  3 21 twenty-four months of age and not more than ten of the
  3 22 children present shall be twenty-four months of age or
  3 23 older but not attending school in kindergarten or a
  3 24 higher grade level.
  3 25    (2)  If the responsible individual is not a joint
  3 26 holder of the certificate of registration, but is at
  3 27 least fourteen years of age, not more than four of the
  3 28 children shall be less than twenty-four months of age
  3 29 and each child in excess of six children shall be
  3 30 attending school in kindergarten or a higher grade
  3 31 level.
  3 32    3.  A registered group day child care home may
  3 33 provide care in accordance with this subsection for
  3 34 more than eleven but less than sixteen children for a
  3 35 period of less than two hours or for a period of two
  3 36 hours or more during a day with inclement weather
  3 37 following the cancellation of school classes.  The
  3 38 home must have the prior written approval from the
  3 39 parent or guardian of each child present in the home
  3 40 concerning the presence of excess children in the
  3 41 home.  In addition, one or more of the following
  3 42 conditions shall apply to each child present in the
  3 43 home in excess of eleven children during a period of
  3 44 inclement weather:
  3 45    a.  The group day child care home provides care to
  3 46 the child on a regular basis for periods of less than
  3 47 two hours.
  3 48    b.  If the child was not present in the group day
  3 49 child care home, the child would be unattended.
  3 50    c.  The group day child care home provides care to
  4  1 a sibling of the child.
  4  2    4.  A person who operates or establishes a family
  4  3 day care home or a group day child care home and who
  4  4 is a child foster care licensee under chapter 237
  4  5 shall register with the department under this chapter.
  4  6 For purposes of registration and determination of the
  4  7 maximum number of children who can be provided child
  4  8 day care by the family day care home or group day
  4  9 child care home, the children receiving child foster
  4 10 care shall be considered the children of the person
  4 11 operating the family day care home or group day child
  4 12 care home.
  4 13    5.  If the department has denied or revoked a
  4 14 registration because the applicant or person has
  4 15 continually or repeatedly failed to operate a
  4 16 registered child day care facility in compliance with
  4 17 this chapter and rules adopted pursuant to this
  4 18 chapter, the person shall not own or operate a
  4 19 registered facility for a period of six months from
  4 20 the date the registration is denied or revoked.  The
  4 21 department shall not act on an application for
  4 22 registration submitted by the applicant or person
  4 23 during the six-month period."
  4 24    #5.  By striking page 6, line 31, through page 7,
  4 25 line 12, and inserting the following:
  4 26    "Sec.    .  Section 237A.3A, subsection 1, Code
  4 27 1999, is amended to read as follows:
  4 28    1.  PILOT PROJECT.  The department shall implement
  4 29 a pilot project applying the provisions of this
  4 30 section to registered family or group day child care
  4 31 homes located in one county of this state.  The
  4 32 provisions of this section shall not apply to
  4 33 unregistered family day child care homes located in
  4 34 the pilot project county.  The county selected for the
  4 35 pilot project shall be a rural county where there is
  4 36 interest among child day care providers and consumers
  4 37 in implementing the pilot project.  In addition, if
  4 38 deemed feasible by the department, During the fiscal
  4 39 year beginning July 1, 1999, the department may shall
  4 40 implement the pilot project in one additional urban or
  4 41 mixed rural and urban county in each of the
  4 42 department's regions where there is interest in
  4 43 implementing the pilot project.  The department shall
  4 44 implement the pilot project on or after July 1, 1997.
  4 45 In addition, the department may implement the pilot
  4 46 project in one other county in each of the
  4 47 department's regions where there is interest in
  4 48 implementing the pilot project.  If a definition in
  4 49 section 237A.1, a provision in section 237A.3, or an
  4 50 administrative rule adopted under this chapter is in
  5  1 conflict with this section, this section and the rules
  5  2 adopted to implement this section shall apply to the
  5  3 pilot project.
  5  4    Sec.    .  Section 237A.3A, subsection 2, Code
  5  5 1999, is amended by striking the subsection and
  5  6 inserting in lieu thereof the following:
  5  7    2.  DEFINITION.  For the purposes of this section,
  5  8 unless the context otherwise requires, "child care
  5  9 home" means a person registered under this section to
  5 10 provide child care in a pilot project county."
  5 11    #6.  Page 7, by striking line 15 and inserting the
  5 12 following:
  5 13    "c.  A person or program in a pilot project county
  5 14 which".
  5 15    #7.  Page 7, by striking lines 18 and 19 and
  5 16 inserting the following:  "issued a certificate of
  5 17 registration under this section."
  5 18    #8.  Page 8, by striking lines 14 through 23.
  5 19    #9.  Page 14, line 30, by striking the figure
  5 20 "237A.3A" and inserting the following:  "237A.3".
  5 21    #10.  Page 15, line 10, by striking the figure
  5 22 "237A.3A" and inserting the following:  "237A.3".
  5 23    #11.  Page 16, by striking lines 19 through 22 and
  5 24 inserting the following:
  5 25    "e.  Two family day child care home providers.
  5 26    f.  Two group day child care home providers."
  5 27    #12.  Page 16, by striking lines 27 through 32 and
  5 28 inserting the following:
  5 29    "i.  One designee of the department of human
  5 30 services or the Iowa department of public health.
  5 31    j.  One designee of the Iowa department of public
  5 32 health.
  5 33    k.  One designee of the department of education.
  5 34    k l.  One head start program provider.
  5 35    l m.  Two legislators appointed in a manner so that
  5 36 both major political parties are represented."
  5 37    #13.  Page 22, by inserting after line 4 the
  5 38 following:
  5 39    "Sec.    .  REPEAL.  1998 Iowa Acts, chapter 1127,
  5 40 section 4, is repealed."
  5 41    #14.  By striking page 26, line 7, through page 28,
  5 42 line 6 and inserting the following:
  5 43    "1.  The following transition exception shall apply
  5 44 to child care home providers registering in pilot
  5 45 project counties under section 237A.3A on or after
  5 46 July 1, 1999, and in lieu of the transition exception
  5 47 authorized in 1998 Iowa Acts, chapter 1127, section 4,
  5 48 for child care homes that were under that transition
  5 49 exception prior to July 1, 1999:
  5 50    a.  If a child care home is providing child care to
  6  1 four infants at the time of registration under section
  6  2 237A.3A, the child care home may continue to provide
  6  3 child care to those four infants.  However, if the
  6  4 child care home no longer provides child care to one
  6  5 or more of the four infants or one or more of the four
  6  6 infants reaches the age of twenty-four months, the
  6  7 exception authorized in this subsection shall no
  6  8 longer apply.  This exception does not affect the
  6  9 overall limitation on the number of children for which
  6 10 the child care home is authorized to provide child
  6 11 care.
  6 12    b.  If, at the time of registration under section
  6 13 237A.3A, a child care home is providing child care to
  6 14 school age children in excess of the number of school
  6 15 age children authorized for the registration level,
  6 16 the child care home may continue to provide child care
  6 17 to those children and the child care home provider may
  6 18 exceed the total number of children authorized for the
  6 19 level of registration by the number of school age
  6 20 children in excess of the number authorized for the
  6 21 registration level.  This exception is subject to all
  6 22 of the following:
  6 23    (1)  The child care home must comply with the other
  6 24 requirements relating to number of children for which
  6 25 the child care home is authorized to provide child
  6 26 care at that registration level.
  6 27    (2)  The maximum number of children attributable to
  6 28 the authorization for school age children at the
  6 29 applicable registration level is five.
  6 30    (3)  If more than eight children are present at any
  6 31 one time for more than two hours, the child care home
  6 32 provider shall be assisted by a responsible person who
  6 33 is at least fourteen years of age.
  6 34    (4)  If the child care home no longer provides
  6 35 child care to an individual school age child who was
  6 36 receiving child care from the child care home at the
  6 37 time of registration under section 237A.3A, the excess
  6 38 number of children allowed under this exception shall
  6 39 be reduced accordingly.
  6 40    2.  The department of human services shall pursue
  6 41 every available option to secure federal or other
  6 42 funding that may be used to make available additional
  6 43 home child care consultants to assist in the expanded
  6 44 implementation of section 237A.3A pilot projects, as
  6 45 amended by this Act.  If the department is able to
  6 46 secure additional funding for this purpose, the
  6 47 department may expand home child care consultant
  6 48 assistance provided by child care resource and
  6 49 referral services in pilot project counties
  6 50 accordingly.
  7  1    3.  The department of human services shall report
  7  2 to the governor and general assembly concerning the
  7  3 implementation of the expansion of the child care home
  7  4 registration levels pilot project under section
  7  5 237A.3A, as amended by this Act.  The report shall be
  7  6 submitted in January 2000.  The department shall work
  7  7 with child care resource and referral services in
  7  8 obtaining more information regarding the effects of
  7  9 the pilot project, including changes in the quantity
  7 10 of registered and unregistered child care home
  7 11 providers and child care slots, amount of turnover in
  7 12 active child care home providers, and reasons for
  7 13 child care home providers changing their registered
  7 14 and unregistered status.  The department may utilize
  7 15 survey, interview, or other means to collect the data
  7 16 for the report.
  7 17    4.  The department may submit a proposal to the
  7 18 general assembly for enactment of administratively
  7 19 applied civil penalties for child care registrant or
  7 20 licensee failure to comply with key standards for the
  7 21 operation and maintenance of a child care facility.
  7 22 In developing the proposal, the department shall
  7 23 consult with the state child care advisory council,
  7 24 child care facility providers, families, and other
  7 25 interested parties.  The proposal shall specify the
  7 26 offenses or acts which are subject to a civil penalty
  7 27 and the civil penalty amounts."
  7 28    #15.  By renumbering as necessary.  
  7 29 
  7 30 
  7 31                               
  7 32 MAGGIE TINSMAN 
  7 33 
  7 34 
  7 35                               
  7 36 JEFF ANGELO 
  7 37 
  7 38 
  7 39                               
  7 40 NANCY BOETTGER 
  7 41 
  7 42 
  7 43                               
  7 44 KITTY REHBERG 
  7 45 
  7 46 
  7 47                               
  7 48 MERLIN E. BARTZ 
  7 49 HF 761.204 78
  7 50 jp/gg
     

Text: S03516                            Text: S03518
Text: S03500 - S03599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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