Text: SF00465 Text: SF00467 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 466 1 2 1 3 AN ACT 1 4 RELATING TO CHILD CARE AND PROTECTION PUBLIC POLICY PROVISIONS 1 5 INVOLVING CHILDREN BY AUTHORIZING SANCTIONS FOR A CHILD CARE 1 6 PROVIDER WHO OBTAINS PUBLIC FUNDING BY FRAUDULENT MEANS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 237A.29, Code 2001, is amended to read 1 11 as follows: 1 12 237A.29STATE AND FEDERALPUBLIC FUNDING OF CHILD CARE. 1 13 1. State funds and federal funds provided to the state in 1 14 accordance with federal requirements shall not be used to pay 1 15 for the care, supervision, and guidance of a child for periods 1 16 of less than twenty-four hours per day on a regular basis 1 17 unless the care, supervision, and guidance is defined as child 1 18 care as used in this chapter. 1 19 2. a. For the purposes of this subsection, "fraudulent 1 20 means" means knowingly making or causing to be made a false 1 21 statement or a misrepresentation of a material fact, knowingly 1 22 failing to disclose a material fact, or committing a 1 23 fraudulent practice. 1 24 b. A child care provider that has been found in an 1 25 administrative or judicial proceeding to have obtained, or has 1 26 agreed to entry of a civil judgment or judgment by confession 1 27 that includes a conclusion of law that the child care provider 1 28 has obtained, by fraudulent means, public funding for 1 29 provision of child care in an amount equal to or in excess of 1 30 the minimum amount for a fraudulent practice in the second 1 31 degree under section 714.10, subsection 1, shall be subject to 1 32 sanction in accordance with this subsection. Such child care 1 33 provider shall be subject to a period during which receipt of 1 34 public funding for provision of child care is conditioned upon 1 35 no further violations and to one or more of the following 2 1 sanctions as determined by the department and imposed in an 2 2 administrative proceeding: 2 3 (1) Ineligibility to receive public funding for provision 2 4 of child care. 2 5 (2) Suspension from receipt of public funding for 2 6 provision of child care. 2 7 (3) Special review of the child care provider's claims for 2 8 providing publicly funded child care. 2 9 c. The following factors shall be considered in 2 10 determining the sanction or sanctions to be imposed under 2 11 paragraph "b", subparagraphs (1) through (3): 2 12 (1) Seriousness of the violation. 2 13 (2) Extent of the violation. 2 14 (3) History of prior violations. 2 15 (4) Prior imposition of sanctions. 2 16 (5) Prior provision of provider education. 2 17 (6) Provider willingness to obey program rules. 2 18 (7) Whether a lesser sanction will be sufficient to remedy 2 19 the problem. 2 20 d. In determining the value of the public funding obtained 2 21 by fraudulent means, if the public funding is obtained by two 2 22 or more acts of fraudulent means by the same person or 2 23 location, or is obtained by different persons by two or more 2 24 acts which occur in approximately the same location or time 2 25 period so that the acts of fraudulent means used to obtain the 2 26 public funding are attributable to a single scheme, plan, or 2 27 conspiracy, these acts may be considered as a single instance 2 28 of the use of fraudulent means and the value may be the total 2 29 value of all moneys involved. 2 30 3. a. If a child care provider is subject to sanctions 2 31 under subsection 2, the provider shall submit to the 2 32 department the names and addresses of children receiving child 2 33 care from the provider. The department shall send information 2 34 to the parents of the children regarding the provider's 2 35 actions leading to the imposition of the sanctions and the 3 1 nature of the sanctions imposed. If the provider fails to 3 2 submit the names and addresses within five business days of 3 3 the department notifying the provider, the department shall 3 4 suspend the provider's registration or license under this 3 5 chapter until the names and addresses are provided. 3 6 b. In addition to applying the suspension, the department 3 7 may request that the attorney general file a petition with the 3 8 district court of the county in which the provider is located 3 9 for issuance of a temporary injunction enjoining the provider 3 10 from providing child care until the names and addresses are 3 11 submitted to the department. The attorney general may file 3 12 the petition upon receiving the request from the department. 3 13 Any temporary injunction may be granted without a bond being 3 14 required from the department. 3 15 c. If the sanctions imposed under subsection 2 involve the 3 16 provider's suspension or ineligibility for receiving public 3 17 funding for provision of child care, the department shall not 3 18 impose those sanctions before the parents of the affected 3 19 children are informed, and upon request, shall provide 3 20 assistance to the parents in locating replacement child care. 3 21 3 22 3 23 3 24 MARY E. KRAMER 3 25 President of the Senate 3 26 3 27 3 28 3 29 BRENT SIEGRIST 3 30 Speaker of the House 3 31 3 32 I hereby certify that this bill originated in the Senate and 3 33 is known as Senate File 466, Seventy-ninth General Assembly. 3 34 3 35 4 1 4 2 MICHAEL E. MARSHALL 4 3 Secretary of the Senate 4 4 Approved , 2002 4 5 4 6 4 7 4 8 THOMAS J. VILSACK 4 9 Governor
Text: SF00465 Text: SF00467 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2002 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Thu Jun 20 03:31:07 CDT 2002
URL: /DOCS/GA/79GA/Legislation/SF/00400/SF00466/020404.html
jhf