Text: HF02444 Text: HF02446 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 139A.8, subsection 2, paragraphs a and 1 2 b, Code 2001, are amended to read as follows: 1 3 a. A person shall not be enrolled inanya licensed child 1 4 care center, registered child care home, or elementary or 1 5 secondary school in Iowa without evidence of adequate 1 6 immunizations against diphtheria, pertussis, tetanus, 1 7 poliomyelitis, rubeola, and rubella. 1 8 b. Evidence of adequate immunization against haemophilus 1 9 influenza B shall be required prior to enrollment inanya 1 10 registered child care home or licensed child care center. 1 11 Sec. 2. Section 139A.8, subsection 4, unnumbered paragraph 1 12 1, Code 2001, is amended to read as follows: 1 13 Immunization is not required for a person's enrollment in 1 14 any elementary or secondary school, registered child care 1 15 home, or licensed child care center if either of the following 1 16 applies: 1 17 Sec. 3. Section 139A.8, subsection 5, Code 2001, is 1 18 amended to read as follows: 1 19 5. A person may be provisionally enrolled in an elementary 1 20 or secondary school, registered child care home, or licensed 1 21 child care center if the person has begun the required 1 22 immunizations and if the person continues to receive the 1 23 necessary immunizations as rapidly as is medically feasible. 1 24 The department shall adopt rules relating to the provisional 1 25 admission of persons to an elementary or secondary school, 1 26 registered child care home, or licensed child care center. 1 27 Sec. 4. Section 237A.1, subsection 3, unnumbered paragraph 1 28 1, Code Supplement 2001, is amended to read as follows: 1 29 "Child care" means the care, supervision, and guidance of a 1 30 child by a person other than the child's parent, guardian, or 1 31 custodian for periods of more than four but less than twenty- 1 32 four hours per day per child on a regular basis, but does not 1 33 include care, supervision, and guidance of a child by any of 1 34 the following: 1 35 Sec. 5. Section 237A.1, subsection 6, Code Supplement 2 1 2001, is amended to read as follows: 2 2 "Child care home" means a person or program providing child 2 3 careas a family child care home or a group child care homeas 2 4 authorized under section 237A.3. 2 5 Sec. 6. Section 237A.1, subsections 7 and 10, Code 2 6 Supplement 2001, are amended by striking the subsections. 2 7 Sec. 7. Section 237A.3, Code Supplement 2001, is amended 2 8 by striking the section and inserting in lieu thereof the 2 9 following: 2 10 237A.3 CHILD CARE HOMES. 2 11 1. REGISTRATION. 2 12 a. A person shall not establish or operate a child care 2 13 home unless the person obtains a certificate of registration. 2 14 The department shall issue a certificate of registration upon 2 15 receipt of a statement from the person or upon completion of 2 16 an inspection conducted by the department or a designee of the 2 17 department verifying that the person complies with applicable 2 18 rules adopted by the department pursuant to this section and 2 19 section 237A.12. 2 20 b. The certificate of registration shall be posted in a 2 21 conspicuous place in the child care home and shall state the 2 22 name of the registrant, the registration category of the child 2 23 care home, the maximum number of children who may be present 2 24 for child care at any one time, and the address of the child 2 25 care home. In addition, the certificate shall include a 2 26 checklist of registration compliances. 2 27 c. The registration process for a child care home shall be 2 28 repeated every twelve months as provided by rule. 2 29 d. A person who holds a child foster care license under 2 30 chapter 237 shall register as a child care home provider in 2 31 order to provide child care. 2 32 2. REVOCATION OR DENIAL OF REGISTRATION. If the 2 33 department has denied or revoked a certificate of registration 2 34 because a person has continually or repeatedly failed to 2 35 operate a registered or licensed child care facility in 3 1 compliance with this chapter and rules adopted pursuant to 3 2 this chapter, the person shall not operate or establish a 3 3 registered child care home for a period of six months from the 3 4 date the registration or license was denied or revoked. The 3 5 department shall not act on an application for registration 3 6 submitted by the person during the six-month period. 3 7 3. RULES. 3 8 a. Five categories of standards shall be applicable to 3 9 child care homes. The categories shall be assigned a 3 10 designation of one to five stars, as ranked from less 3 11 stringent standards to more stringent standards. The five- 3 12 star registration category standards shall require the highest 3 13 level of provider qualifications and allow the greatest 3 14 capacity of the five categories. 3 15 b. The department shall adopt rules applying standards to 3 16 each category specifying provider qualifications and training, 3 17 program quality, and the provider's history of compliance with 3 18 standards. The rules shall specify health and safety 3 19 requirements, capacity, amount of space available per child, 3 20 and other minimum requirements. The capacity requirements 3 21 shall take into consideration the provider's own children, 3 22 children who have a mild illness, children receiving part-time 3 23 child care, and children served as a sibling group in 3 24 overnight care. 3 25 c. In consultation with the state fire marshal, the 3 26 department shall adopt rules relating to the provision of fire 3 27 extinguishers, smoke detectors, and two exits accessible to 3 28 children in a child care home. 3 29 d. The department shall adopt rules relating to the 3 30 provision of a separate area for sick children in those child 3 31 care homes registered in the three through five star 3 32 categories. 3 33 4. NUMBER OF CHILDREN. 3 34 a. In determining the number of children present for child 3 35 care at any one time in a child care home, each child present 4 1 in the child care home shall be considered to be provided 4 2 child care unless the child is described by one of the 4 3 following exceptions: 4 4 (1) The child's parent, guardian, or custodian operates or 4 5 established the child care home and the child is attending 4 6 school or the child is provided child care full-time on a 4 7 regular basis from another person. 4 8 (2) The child has been present in the child care home for 4 9 more than seventy-two consecutive hours and the child is 4 10 attending school or the child is provided child care full-time 4 11 on a regular basis from another person. 4 12 b. For purposes of determining the number of children 4 13 present for child care in a child care home, a child receiving 4 14 foster care from a child care home provider shall be 4 15 considered to be the child of the provider. 4 16 Sec. 8. Section 237A.13, subsections 2 and 3, Code 2001, 4 17 are amended to read as follows: 4 18 2. Services under the program may be providedinby a 4 19 licensed child care center, a registeredgroup child care4 20home, a registered family child care home, the home of a4 21relative, the child's own home, an unregistered familychild 4 22 care home, orina facility exempt from licensing or 4 23 registration. 4 24 3. The department shall set reimbursement rates as 4 25 authorized by appropriations enacted for payment of the 4 26 reimbursements. The department shall conduct a statewide 4 27 reimbursement rate survey to compile information on each 4 28 county and the survey shall be conducted at least every two 4 29 years.The department shall set rates in a manner so as to4 30provide incentives for an unregistered provider to become4 31registered.4 32 Sec. 9. Section 237A.21, subsection 1, Code 2001, is 4 33 amended to read as follows: 4 34 1. A state child care advisory council is established 4 35 consisting of not more than thirty-five members from urban and 5 1 rural areas across the state. The membership shall include, 5 2 but is not limited to, all of the following persons or 5 3 representatives with an interest in child care: a licensed 5 4 center provider, a registered child care home provider from a 5 5 county with a population of less than twenty-two thousand,an5 6unregistered child care home,a parent of a child in child 5 7 care, staff members of appropriate governmental agencies, and 5 8 other members as deemed necessary by the director. The 5 9 members are eligible for reimbursement of their actual and 5 10 necessary expenses while engaged in performance of their 5 11 official duties. 5 12 Sec. 10. Section 237A.21, subsection 3, paragraph e, Code 5 13 2001, is amended by striking the paragraph. 5 14 Sec. 11. Section 237A.21, subsection 3, paragraph f, Code 5 15 2001, is amended to read as follows: 5 16 f.Two groupFour child care home providers. 5 17 Sec. 12. Section 237A.26, subsection 6, paragraph c, Code 5 18 2001, is amended to read as follows: 5 19 c. Provide information to the public regarding the 5 20 availability of child care services and, for registered child 5 21 care homes, the category rankings of the child care homes in 5 22 the communities within the agency's region. 5 23 Sec. 13. Section 237A.30, subsection 1, Code 2001, is 5 24 amended to read as follows: 5 25 1. The department shall accept nationally recognized 5 26 accreditations in identifying and listing high quality child 5 27 care providers. Any registeredfamily or groupchild care 5 28 home or licensed child care provider in this state that is 5 29 accredited in good standing by the national association for 5 30 the education of young children or the national association 5 31 for family child care shall be included in the listing. 5 32 Sec. 14. Section 237A.3A, Code Supplement 2001, is 5 33 repealed. 5 34 Sec. 15. CHILD CARE HOME REGISTRATION – TRANSITION 5 35 EXCEPTION. The following transition exception shall apply to 6 1 child care home providers initially registering under section 6 2 237A.3, as amended by this Act, or renewing a previously 6 3 issued valid child care home registration on or after October 6 4 1, 2002: 6 5 1. If the provider is providing child care to four infants 6 6 at the time of registration or renewal, the provider may 6 7 continue to provide child care to those four infants. 6 8 However, if the provider no longer provides child care to one 6 9 or more of the four infants, or one or more of the four 6 10 infants reaches the age of twenty-four months, the exception 6 11 authorized in this subsection shall no longer apply. This 6 12 exception does not affect the overall limitation authorized 6 13 for the number of children in the child care home category 6 14 within which the provider is registered. 6 15 2. If, at the time of registration or renewal, the 6 16 provider is providing child care to school-age children in 6 17 excess of the number of school-age children authorized to be 6 18 cared for by the provider, the provider may continue to 6 19 provide child care to those children and the provider may 6 20 exceed the total number of children authorized. This 6 21 exception is subject to all of the following: 6 22 a. The provider must comply with the other requirements 6 23 relating to the number of children for which the provider is 6 24 authorized to provide child care at that registration 6 25 category. 6 26 b. The maximum number of children attributable to the 6 27 authorization for school-age children at the applicable 6 28 registration category is five. 6 29 c. If more than eight children are present at any one time 6 30 for more than two hours, the provider shall be assisted by a 6 31 responsible person who is at least fourteen years of age. 6 32 d. If the provider no longer provides child care to an 6 33 individual school-age child who was receiving child care from 6 34 the provider at the time of registration under section 6 35 237A.3A, Code Supplement 2001, the excess number of children 7 1 allowed under this subsection shall be reduced accordingly. 7 2 Sec. 16. EFFECTIVE DATE – APPLICABILITY – EMERGENCY 7 3 RULES. 7 4 1. This Act takes effect October 1, 2002, and applies to 7 5 unregistered child care home providers that register or renew 7 6 registration on or after that date. If a child care home 7 7 provider is registered as of September 30, 2002, this Act 7 8 shall apply upon registration renewal. 7 9 2. The department of human services may adopt emergency 7 10 rules under section 17A.4, subsection 2, and section 17A.5, 7 11 subsection 2, paragraph "b", to implement the provisions of 7 12 this Act and the rules shall be effective immediately upon 7 13 filing unless the effective date is delayed by the 7 14 administrative rules review committee, notwithstanding section 7 15 17A.4, subsection 5, and section 17A.8, subsection 9, or a 7 16 later date is specified in the rules. Any rules adopted in 7 17 accordance with this section shall not take effect before the 7 18 administrative rules review committee reviews the rules. Any 7 19 rules adopted in accordance with this section shall also be 7 20 published as a notice of intended action as provided in 7 21 section 17A.4. 7 22 EXPLANATION 7 23 This bill relates to child care home registration 7 24 requirements. 7 25 Code section 139A.8, relating to child immunization 7 26 requirements, is amended to apply the immunization 7 27 requirements currently applicable to children enrolling in 7 28 school or a licensed child care center to children cared for 7 29 in a registered child care home. 7 30 The bill amends Code chapter 237A relating to requirements 7 31 administered by the department of human services affecting 7 32 home child care providers. Under current law, a family child 7 33 care home may provide child care to six or fewer children at 7 34 any one time, along with up to five additional children during 7 35 inclement weather, and registration with the department is 8 1 optional. Current law requires a group child care home 8 2 registration for homes providing care to more than six but 8 3 fewer than 12 children at any one time, along with up to five 8 4 additional children during inclement weather. In addition, 8 5 under Code section 237A.3A, a pilot project provides for four 8 6 levels of registration within a general child care home 8 7 category. 8 8 The bill requires registration if a person provides child 8 9 care to a child for more than four hours per day on a regular 8 10 basis and eliminates family and group child care home 8 11 registrations. Based upon five categories of care, the 8 12 department is to develop standards for providing 8 13 qualifications and training, program quality, and provider 8 14 history of compliance with standards. In addition, the 8 15 department is directed to develop standards for capacity, fire 8 16 safety, and other requirements. The five categories are 8 17 designated by one to five stars, as ranked by applying less 8 18 stringent to more stringent standards. 8 19 The bill makes conforming changes in Code chapter 232, 8 20 relating to juvenile justice; Code chapter 237, relating to 8 21 foster care; and Code chapter 237A, relating to child care 8 22 facilities. 8 23 The bill includes transition provisions allowing a child 8 24 care home provider who is providing child care to a greater 8 25 number of children than is allowed for the provider's 8 26 registration category to continue to provide child care to 8 27 those children until the children become old enough or are no 8 28 longer receiving the care. 8 29 The bill repeals Code section 237A.3A, relating to 8 30 implementation of a child care home pilot project using four 8 31 levels of care in various counties around the state. 8 32 The bill takes effect October 1, 2002, and is applicable to 8 33 child care home providers registered prior to that date upon 8 34 renewal of the registration. The department is authorized to 8 35 adopt rules in accordance with emergency procedures, 9 1 eliminating notice and comment periods, but following review 9 2 by the administrative rules review committee. 9 3 LSB 6095HH 79 9 4 jp/sh/8
Text: HF02444 Text: HF02446 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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