Text: S03516 Text: S03518 Text: S03500 - S03599 Text: S Index Bills and Amendments: General Index Bill History: General Index
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. "Familydaychild care home" means a 1 12 person or program which provides childdaycare 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. "Groupdaychild care home" means a facility 1 17 providing childdaycare 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 OFFAMILY AND GROUP DAYCHILD 1 28 CARE HOMES. 1 29 1. a. A person who operates or establishes a 1 30 familydaychild 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 familydaychild 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 familydaychild 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 familydaychild care home at any one 1 44 time. However, a registered or unregistered family 1 45daychild 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 familydaychild 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 familyday2 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 23daychild care home, if the person who operates or 2 24 establishes the home is a child's parent, guardian, 2 25relative,or custodian and the child is not attending 2 26 school in kindergarten or a higher grade level or is 2 27 not receiving childdaycare full-time on a regular 2 28 basis from another person, the child shall be 2 29 considered to be receiving childdaycare 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 childdaycare home provider or program which 2 35 is not a familydaychild care home by reason of the 2 36 definition of childdaycare in section 237A.1, 2 37subsection 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 groupdaychild 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 groupdaychild 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 groupdaychild care 2 48 home requirements for registration are met. All other 2 49 requirements of this chapter for registered familyday2 50 child care homes and the rules adopted under this 3 1 chapter for registered familydaychild care homes 3 2 apply to groupdaychild care homes. In addition, the 3 3 department shall adopt rules relating to the provision 3 4 in groupdaychild 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 groupday3 10 child care home shall not provide childdaycare 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 groupdaychild 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 groupday3 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 groupdaychild 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 groupdaychild 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 groupday3 49 child care home, the child would be unattended. 3 50 c. The groupdaychild care home provides care to 4 1 a sibling of the child. 4 2 4. A person who operates or establishes afamily4 3day care home or a group daychild 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 8daycare by thefamily day care home or group day4 9 child care home, the children receiving child foster 4 10 care shall be considered the children of the person 4 11 operating thefamily day care home or group daychild 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 childdaycare 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 groupdaychild 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 familydaychild 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 childdaycare providers and consumers 4 37 in implementing the pilot project.In addition, if4 38deemed feasible by the department,During the fiscal 4 39 year beginning July 1, 1999, the departmentmayshall 4 40 implement the pilot project in oneadditional urban or4 41mixed rural and urbancounty in each of the 4 42 department's regions where there is interest in 4 43 implementing the pilot project.The department shall4 44implement 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 familydaychild care home providers. 5 26 f. Two groupdaychild 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 servicesor 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 34kl. One head start program provider. 5 35lm. 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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