Text: HF00591 Text: HF00593 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237A.1, subsection 5, Code 2001, is 1 2 amended to read as follows: 1 3 5. "Child care facility" or "facility" means a child care 1 4 center, preschool, or aregisteredchild care home. 1 5 Sec. 2. Section 237A.3, subsection 1, paragraphs a, b, and 1 6 d, Code 2001, are amended to read as follows: 1 7 a. A personwho operates or establishesshall not 1 8 establish or operate a family child care homemay apply to the1 9department forunless the person obtains a certificate of 1 10 registration under this chapter.The department shall issue a1 11certificate of registration upon receipt of a statement from1 12the family child care home that the home complies with rules1 13adopted by the department.The registration certificate shall 1 14 be posted in a conspicuous place in the family child care 1 15 home, shall state the name of the registrant, the number of 1 16 individuals who may be received for care at any one time, and 1 17 the address of the home, and shall include a check list of 1 18 registration compliances. 1 19 b. No greater number of children than is authorized by the 1 20 registration certificate shall be kept in the family child 1 21 care home at any one time. However, a registeredor1 22unregisteredfamily child care home may provide care for more 1 23 than six but less than twelve children at any one time for a 1 24 period of less than two hours, provided that each child in 1 25 excess of six children is attending school in kindergarten or 1 26 a higher grade level. 1 27 d. In determining the number of children cared for at any 1 28 one time in a registeredor unregisteredfamily child care 1 29 home, if the person who operates or establishes the home is a 1 30 child's parent, guardian, or custodian and the child is not 1 31 attending school in kindergarten or a higher grade level or is 1 32 not receiving child care full-time on a regular basis from 1 33 another person, the child shall be considered to be receiving 1 34 child care from the person and shall be counted as one of the 1 35 children cared for in the home. 2 1 Sec. 3. Section 237A.3A, subsection 1, Code 2001, is 2 2 amended to read as follows: 2 3 1. PILOT PROJECT. The department shall implement a pilot 2 4 project applying the provisions of this section to registered 2 5 family or group child care homes located in one county of this 2 6 state.The provisions of this section shall not apply to2 7unregistered family child care homes located in the pilot2 8project county.The county selected for the pilot project 2 9 shall be a rural county where there is interest among child 2 10 care providers and consumers in implementing the pilot 2 11 project. During the fiscal year beginning July 1, 1999, the 2 12 department shall implement the pilot project in one county in 2 13 each of the department's regions where there is interest in 2 14 implementing the pilot project. In addition, the department 2 15 may implement the pilot project in one other county in each of 2 16 the department's regions where there is interest in 2 17 implementing the pilot project. If a definition in section 2 18 237A.1, a provision in section 237A.3, or an administrative 2 19 rule adopted under this chapter is in conflict with this 2 20 section, this section and the rules adopted to implement this 2 21 section shall apply to the pilot project. 2 22 Sec. 4. Section 237A.6, Code 2001, is amended to read as 2 23 follows: 2 24 237A.6 CONSULTATIVE SERVICES. 2 25 1. The department of human services shall, and the 2 26 director of public health may, provide consultative services 2 27 to a person who is applying for a license or registration, or 2 28 is currently licensed or registered by the administrator under 2 29 this chapter. 2 30 2. To the greatest possible extent, the department shall 2 31 utilize the child care resource and referral services that are 2 32 receiving a grant under section 237A.26, to provide technical 2 33 support for child care home providers. The support shall 2 34 include but is not limited to a child care home provider 2 35 certification program, in-home visits with providers, and 3 1 other support of a specific and general nature. 3 2 Sec. 5. Section 237A.13, subsections 2 and 3, Code 2001, 3 3 are amended to read as follows: 3 4 2. Services under the program may be provided in a 3 5 licensed child care center, a registered group child care 3 6 home, a registered family child care home, the home of a 3 7 relative, the child's own home,an unregistered family child3 8care home,or in a facility exempt from licensing or 3 9 registration. 3 10 3. The department shall set reimbursement rates as 3 11 authorized by appropriations enacted for payment of the 3 12 reimbursements. The department shall conduct a statewide 3 13 reimbursement rate survey to compile information on each 3 14 county and the survey shall be conducted at least every two 3 15 years.The department shall set rates in a manner so as to3 16provide incentives for an unregistered provider to become3 17registered.3 18 Sec. 6. Section 237A.19, unnumbered paragraph 2, Code 3 19 2001, is amended to read as follows: 3 20If registration is required under section 237A.3, aA 3 21 person who establishes, conducts, manages, or operates a child 3 22 care home without registering or a person who operates a child 3 23 care home contrary to section 237A.5, is guilty of a simple 3 24 misdemeanor. Each day of continuing violation after 3 25 conviction, or notice from the department by certified mail of 3 26 the violation, is a separate offense. A single charge 3 27 alleging continuing violation may be made in lieu of filing 3 28 charges for each day of violation. 3 29 Sec. 7. Section 237A.20, Code 2001, is amended to read as 3 30 follows: 3 31 237A.20 INJUNCTION. 3 32 A person who establishes, conducts, manages, or operates a 3 33 center without a license or a child care home without a 3 34 certificate of registration, if registration is required under3 35section 237A.3,may be restrained by temporary or permanent 4 1 injunction. A person who has been convicted of a crime 4 2 against a person or a person with a record of founded child 4 3 abuse may be restrained by temporary or permanent injunction 4 4 from providingunregistered, registered, or licensedchild 4 5 care. The action may be instituted by the state, the county 4 6 attorney, a political subdivision of the state, or an 4 7 interested person. 4 8 Sec. 8. Section 237A.21, subsection 1, Code 2001, is 4 9 amended to read as follows: 4 10 1. A state child care advisory council is established 4 11 consisting of not more than thirty-five members from urban and 4 12 rural areas across the state. The membership shall include, 4 13 but is not limited to, all of the following persons or 4 14 representatives with an interest in child care: a licensed 4 15 center, a registered child care home from a county with a 4 16 population of less than twenty-two thousand,an unregistereda 4 17 registered child care home from a county with a population of 4 18 twenty-two thousand or more, a parent of a child in child 4 19 care, appropriate governmental agencies, and other members as 4 20 deemed necessary by the director. The members are eligible 4 21 for reimbursement of their actual and necessary expenses while 4 22 engaged in performance of their official duties. 4 23 Sec. 9. Section 237A.26, subsection 6, paragraph a, Code 4 24 2001, is amended to read as follows: 4 25 a. Assist families in selecting quality child care. The 4 26 agency must provide referrals to registered and licensed child 4 27 care facilities, and to persons providing care, supervision, 4 28 and guidance of a child which is not defined as child care 4 29 under section 237A.1and may provide referrals to unregistered4 30providers. 4 31 EXPLANATION 4 32 This bill relates to child care by requiring registration 4 33 of family child care homes with the department of human 4 34 services under Code chapter 237A. Under current law, 4 35 registration is optional for family child care home providers. 5 1 These providers generally care for less than seven children at 5 2 any one time. 5 3 The bill amends the child care definitions in Code section 5 4 237A.1 to provide that all child care homes are defined as a 5 5 child care facility. 5 6 Code section 237A.3, relating to family and group child 5 7 care homes, is amended to require a family child care home to 5 8 obtain a certificate of registration. 5 9 Code section 237A.3A relates to a pilot project implemented 5 10 in at least one county in each of the department's five 5 11 regions. The pilot project establishes care levels within the 5 12 child care home classification. The bill applies the care 5 13 level requirements to those family child care homes in pilot 5 14 project counties that are currently unregistered. 5 15 Code section 237A.6, relating to consultative services 5 16 provided to persons who are applying for child care licensing 5 17 or registration or are currently licensed or registered, is 5 18 amended to direct the department to utilize child care 5 19 resource and referral service grantees to provide technical 5 20 support to child care home providers. The bill lists various 5 21 types of support to be provided. 5 22 Code section 237A.13, relating to the state child care 5 23 assistance subsidy program for low-income families, is amended 5 24 to remove the authorization to provide subsidy for services 5 25 provided in an unregistered family child care home and the 5 26 directive for the department to set reimbursement rates in a 5 27 manner that provides incentives for unregistered providers to 5 28 become registered. 5 29 Code section 237A.19, relating to the criminal penalty for 5 30 providing child care without registering, and Code section 5 31 237A.20, relating to injunctions against prohibited child 5 32 care, are amended to eliminate an exception for unregistered 5 33 child care homes. 5 34 Code section 237A.21, relating to the state child care 5 35 advisory council, is amended to provide a membership slot for 6 1 a registered child care home provider from a county with a 6 2 population of 22,000 or more in lieu of the slot currently 6 3 provided for an unregistered child care home provider. 6 4 Code section 237A.26, relating to the responsibilities of 6 5 child care resource and referral services, is amended to 6 6 eliminate the authorization for making referrals to 6 7 unregistered child care providers. 6 8 LSB 2953HH 79 6 9 jp/cls/14
Text: HF00591 Text: HF00593 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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