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PAG LIN 1 1 Section 1. Section 232.69, subsection 1, paragraph b, 1 2 subparagraph (5), Code Supplement 2001, is amended to read as 1 3 follows: 1 4 (5) An employee or operator of a licensed child care 1 5 center, registered childcaredevelopment home, head start 1 6 program, family development and self-sufficiency grant program 1 7 under section 217.12, or healthy opportunities for parents to 1 8 experience success–healthy families Iowa program under 1 9 section 135.106. 1 10 Sec. 2. Section 237.1, subsection 4, paragraph d, Code 1 11 2001, is amended to read as follows: 1 12 d. Child care furnished by a child care center, a child 1 13 development home, or a child care home as defined in section 1 14 237A.1. 1 15 Sec. 3. Section 237A.1, subsections 4, 5, and 6, Code 1 16 Supplement 2001, are amended to read as follows: 1 17 4. "Child care center" or "center" means a facility 1 18 providing child care or preschool services for seven or more 1 19 children, except when the facility is registered as a child 1 20caredevelopment home. 1 21 5. "Child care facility" or "facility" means a child care 1 22 center, preschool, or a registered childcaredevelopment 1 23 home. 1 24 6. "Child care home" means a person or program providing 1 25 child careas a family child care home or a group child care1 26hometo three or fewer children at any one time that is not 1 27 registered to provide child care under this chapter, as 1 28 authorized under section 237A.3. 1 29 Sec. 4. Section 237A.1, Code Supplement 2001, is amended 1 30 by adding the following new subsection: 1 31 NEW SUBSECTION. 6A. "Child development home" means a 1 32 person or program registered under section 237A.3A that may 1 33 provide child care to four or more children at any one time. 1 34 Sec. 5. Section 237A.1, subsections 7 and 10, Code 1 35 Supplement 2001, are amended by striking the subsections. 2 1 Sec. 6. Section 237A.3, Code Supplement 2001, is amended 2 2 by striking the section and inserting in lieu thereof the 2 3 following: 2 4 237A.3 CHILD CARE HOMES. 2 5 A person or program providing child care to three children 2 6 or fewer at any one time is a child care home provider and is 2 7 not required to register under section 237A.3A as a child 2 8 development home. However, the person or program may register 2 9 as a child development home. 2 10 Sec. 7. Section 237A.3A, Code Supplement 2001, is amended 2 11 by striking the section and inserting in lieu thereof the 2 12 following: 2 13 237A.3A CHILD DEVELOPMENT HOMES. 2 14 1. REGISTRATION. 2 15 a. A person shall not establish or operate a child 2 16 development home unless the person obtains a certificate of 2 17 registration. The department shall issue a certificate of 2 18 registration upon receipt of a statement from the person or 2 19 upon completion of an inspection conducted by the department 2 20 or a designee of the department verifying that the person 2 21 complies with applicable rules adopted by the department 2 22 pursuant to this section and section 237A.12. 2 23 b. The certificate of registration shall be posted in a 2 24 conspicuous place in the child development home and shall 2 25 state the name of the registrant, the registration category of 2 26 the child development home, the maximum number of children who 2 27 may be present for child care at any one time, and the address 2 28 of the child development home. In addition, the certificate 2 29 shall include a checklist of registration compliances. 2 30 c. The registration process for a child development home 2 31 shall be repeated every twenty-four months as provided by 2 32 rule. 2 33 d. A person who holds a child foster care license under 2 34 chapter 237 must register as a child development home provider 2 35 in order to provide child care. 3 1 2. REVOCATION OR DENIAL OF REGISTRATION. If the 3 2 department has denied or revoked a certificate of registration 3 3 because a person has continually or repeatedly failed to 3 4 operate a registered or licensed child care facility in 3 5 compliance with this chapter and rules adopted pursuant to 3 6 this chapter, the person shall not operate or establish a 3 7 registered child development home for a period of twelve 3 8 months from the date the registration or license was denied or 3 9 revoked. The department shall not act on an application for 3 10 registration submitted by the person during the twelve-month 3 11 period. 3 12 3. RULES. 3 13 a. Three categories of standards shall be applicable to 3 14 child development homes. The initial designations of the 3 15 categories, which may be revised by the department, shall be 3 16 "A", "B", and "C", as ranked from less stringent standards and 3 17 capacity to more stringent standards and capacity. The "C" 3 18 registration category standards shall require the highest 3 19 level of provider qualifications and allow the greatest 3 20 capacity of the three categories. The department shall adopt 3 21 rules applying standards to each category specifying provider 3 22 qualifications and training, health and safety requirements, 3 23 capacity, amount of space available per child, and other 3 24 minimum requirements. The capacity requirements shall take 3 25 into consideration the provider's own children, children who 3 26 have a mild illness, children receiving part-time child care, 3 27 and children served as a sibling group in overnight care. 3 28 b. The rules shall allow a child development home to be 3 29 registered in a particular category for which the provider is 3 30 qualified even though the amount of space required to be 3 31 available for the maximum number of children authorized for 3 32 that category exceeds the actual amount of space available in 3 33 that home. However, the total number of children authorized 3 34 for the child development home at that category of 3 35 registration shall be limited by the amount of space available 4 1 per child. 4 2 c. In consultation with the state fire marshal, the 4 3 department shall adopt rules relating to the provision of fire 4 4 extinguishers, smoke detectors, and two exits accessible to 4 5 children in a child development home. 4 6 d. The department shall adopt rules relating to the 4 7 provision of a separate area for sick children in those child 4 8 development homes registered in categories "B" and "C". 4 9 4. NUMBER OF CHILDREN. 4 10 a. In determining the number of children present for child 4 11 care at any one time in a child development home, each child 4 12 present in the child development home shall be considered to 4 13 be provided child care unless the child is described by one of 4 14 the following exceptions: 4 15 (1) The child's parent, guardian, or custodian operates or 4 16 established the child development home and the child is 4 17 attending school or the child is provided child care full-time 4 18 on a regular basis from another person. 4 19 (2) The child has been present in the child development 4 20 home for more than seventy-two consecutive hours and the child 4 21 is attending school or the child is provided child care full- 4 22 time on a regular basis from another person. 4 23 b. For purposes of determining the number of children 4 24 present for child care in a child development home, a child 4 25 receiving foster care from a child development home provider 4 26 shall be considered to be the child of the provider. 4 27 Sec. 8. Section 237A.4, Code 2001, is amended to read as 4 28 follows: 4 29 237A.4 INSPECTION AND EVALUATION. 4 30 The department shall make periodic inspections of licensed 4 31 centers to ensure compliance with licensing requirements 4 32 provided in this chapter, and the local boards of health may 4 33 make periodic inspections of licensed centers to ensure 4 34 compliance with health-related licensing requirements provided 4 35 in this chapter. Theadministratordepartment may inspect 5 1 records maintained by a licensed center and may inquire into 5 2 matters concerning these centers and the persons in charge. 5 3 Theadministratordepartment shall require that the center be 5 4 inspected by the state fire marshal or a designee for 5 5 compliance with rules relating to fire safety before a license 5 6 is granted or renewed. Theadministratordepartment or a 5 7 designee may periodically visit registered childcare5 8 development homes for the purpose of evaluation of an inquiry 5 9 into matters concerning compliance with rules adopted under 5 10 section 237A.12. Evaluation of childcaredevelopment homes 5 11 under this section may include consultative services provided 5 12 pursuant to section 237A.6. 5 13 Sec. 9. Section 237A.12, subsection 1, unnumbered 5 14 paragraph 1, Code 2001, is amended to read as follows: 5 15 Subject to the provisions of chapter 17A, theadministrator5 16 department shall adopt rules setting minimum standards to 5 17 provide quality child care in the operation and maintenance of 5 18 child care centers and registered childcaredevelopment 5 19 homes, relating to all of the following: 5 20 Sec. 10. Section 237A.12, subsection 1, paragraph c, Code 5 21 2001, is amended to read as follows: 5 22 c. The adequacy of activity programs and food services 5 23 available to the children. Theadministratordepartment shall 5 24 not restrict the use of or apply nutritional standards to a 5 25 lunch or other meal which is brought to the center, child 5 26 development home, or child care home by a school-age child for 5 27 the child's consumption. 5 28 Sec. 11. Section 237A.13, subsection 2, Code 2001, is 5 29 amended to read as follows: 5 30 2. Services under the program may be provided in a 5 31 licensed child care center, aregistered groupchildcare5 32 development home,a registered family child care home,the 5 33 home of a relative, the child's own home,an unregistered5 34familya child care home, or in a facility exempt from 5 35 licensing or registration. 6 1 Sec. 12. Section 237A.19, Code 2001, is amended to read as 6 2 follows: 6 3 237A.19 PENALTY. 6 4 1. A person who establishes, conducts, manages, or 6 5 operates a center without a licenseshall be guilty ofcommits 6 6 a serious misdemeanor. Each day of continuing violation after 6 7 conviction, or notice from the department by certified mail of 6 8 the violation, shall be considered a separate offense. 6 9 2. If registration is required under section237A.36 10 237A.3A, a person who establishes, conducts, manages, or 6 11 operates a childcaredevelopment home without registering or 6 12 a person who operates a childcaredevelopment home contrary 6 13 to section 237A.5,is guilty ofcommits a simple misdemeanor. 6 14 Each day of continuing violation after conviction, or notice 6 15 from the department by certified mail of the violation, is a 6 16 separate offense. A single charge alleging continuing 6 17 violation may be made in lieu of filing charges for each day 6 18 of violation. 6 19 Sec. 13. Section 237A.20, Code 2001, is amended to read as 6 20 follows: 6 21 237A.20 INJUNCTION. 6 22 A person who establishes, conducts, manages, or operates a 6 23 center without a license or a childcaredevelopment home 6 24 without a certificate of registration, if registration is 6 25 required under section237A.3237A.3A, may be restrained by 6 26 temporary or permanent injunction. A person who has been 6 27 convicted of a crime against a person or a person with a 6 28 record of founded child abuse may be restrained by temporary 6 29 or permanent injunction from providing unregistered, 6 30 registered, or licensed child care. The action may be 6 31 instituted by the state, the county attorney, a political 6 32 subdivision of the state, or an interested person. 6 33 Sec. 14. Section 237A.21, subsection 1, Code 2001, is 6 34 amended to read as follows: 6 35 1. A state child care advisory council is established 7 1 consisting of not more than thirty-five members from urban and 7 2 rural areas across the state. The membership shall include, 7 3 but is not limited to, all of the following persons or 7 4 representatives with an interest in child care: a licensed 7 5 center provider, a registered childcaredevelopment home 7 6 provider from a county with a population of less than twenty- 7 7 two thousand, an unregistered child care home provider, a 7 8 parent of a child in child care, staff members of appropriate 7 9 governmental agencies, and other members as deemed necessary 7 10 by the director. The members are eligible for reimbursement 7 11 of their actual and necessary expenses while engaged in 7 12 performance of their official duties. 7 13 Sec. 15. Section 237A.21, subsection 3, paragraphs a, e, 7 14 and f, Code 2001, are amended to read as follows: 7 15 a. Two parents of a child served by a registered child 7 16caredevelopment home. 7 17 e.Two familyOne child care homeprovidersprovider. 7 18 f.Two groupThree childcaredevelopment home providers. 7 19 Sec. 16. Section 237A.26, subsection 3, paragraph a, Code 7 20 2001, is amended to read as follows: 7 21 a. Organize assistance to child care homes and child 7 22 development homes utilizing training levels based upon the 7 23 homes' degrees of experience and interest. 7 24 Sec. 17. Section 237A.26, subsection 6, paragraph h, Code 7 25 2001, is amended to read as follows: 7 26 h. Administer funding designated within the grant to 7 27 provide a substitute caregiver program for registered child 7 28caredevelopment homes to provide substitute child care in a 7 29 home when the home provider is ill, on vacation, receiving 7 30 training, or is otherwise unable to provide the care. 7 31 Sec. 18. CHILD DEVELOPMENT HOME REGISTRATION – TRANSITION 7 32 EXCEPTION. The following transition exception shall apply to 7 33 child development home providers initially registering under 7 34 section 237A.3A or renewing a previously issued valid child 7 35 care home registration on or after October 1, 2002: 8 1 1. If the provider is providing child care to four infants 8 2 at the time of registration or renewal, the provider may 8 3 continue to provide child care to those four infants. 8 4 However, if the provider no longer provides child care to one 8 5 or more of the four infants, or one or more of the four 8 6 infants reaches the age of twenty-four months, the exception 8 7 authorized in this subsection shall no longer apply. This 8 8 exception does not affect the overall limitation authorized 8 9 for the number of children in the child development home 8 10 category within which the provider is registered. 8 11 2. If, at the time of registration or renewal, the 8 12 provider is providing child care to school-age children in 8 13 excess of the number of school-age children authorized for the 8 14 provider's registration category, the provider may continue to 8 15 provide child care to those children and the provider may 8 16 exceed the total number of children authorized for the 8 17 category of registration by the number of school-age children 8 18 in excess of the number authorized for the registration level. 8 19 This exception is subject to all of the following: 8 20 a. The provider must comply with the other requirements 8 21 relating to the number of children for which the provider is 8 22 authorized to provide child care at that registration 8 23 category. 8 24 b. The maximum number of children attributable to the 8 25 authorization for school-age children at the applicable 8 26 registration category is five. 8 27 c. If more than eight children are present at any one time 8 28 for more than two hours, the provider shall be assisted by a 8 29 responsible person who is at least fourteen years of age. 8 30 d. If the provider no longer provides child care to an 8 31 individual school-age child who was receiving child care from 8 32 the provider at the time of registration under section 8 33 237A.3A, the excess number of children allowed under this 8 34 exception shall be reduced accordingly. 8 35 Sec. 19. EFFECTIVE DATE – APPLICABILITY – EMERGENCY 9 1 RULES. 9 2 1. This Act takes effect October 1, 2002, and applies to 9 3 unregistered child care home providers and child development 9 4 home providers that register or renew registration on or after 9 5 that date. If a child care home is registered as a family or 9 6 group child care home as of September 30, 2002, this Act shall 9 7 apply upon registration renewal. 9 8 2. The department of human services may adopt emergency 9 9 rules under section 17A.4, subsection 2, and section 17A.5, 9 10 subsection 2, paragraph "b", to implement the provisions of 9 11 this Act and the rules shall be effective immediately upon 9 12 filing unless the effective date is delayed by the 9 13 administrative rules review committee, notwithstanding section 9 14 17A.4, subsection 5, and section 17A.8, subsection 9, or a 9 15 later date is specified in the rules. Any rules adopted in 9 16 accordance with this section shall not take effect before the 9 17 administrative rules review committee reviews the rules. Any 9 18 rules adopted in accordance with this section shall also be 9 19 published as a notice of intended action as provided in 9 20 section 17A.4. 9 21 EXPLANATION 9 22 This bill relates to regulation of child care and child 9 23 development homes. 9 24 The bill amends Code chapter 237A relating to requirements 9 25 administered by the department of human services affecting 9 26 home child care providers. Under current law, a family child 9 27 care home may provide child care to six or fewer children at 9 28 any one time, along with up to five additional children during 9 29 inclement weather, and registration with the department is 9 30 optional. Current law requires a group child care home 9 31 registration for homes providing care to more than six but 9 32 fewer than 12 children at any one time, along with up to five 9 33 additional children during inclement weather. In addition, 9 34 under Code section 237A.3A, a pilot project provides for four 9 35 levels of registration within a general child care home 10 1 category. 10 2 The bill reduces the number of children allowed to be cared 10 3 for before registration is required and eliminates family and 10 4 group child care home registrations. Unregistered child care 10 5 is defined as a "child care home" serving no more than three 10 6 children at any one time. Registration is required for homes 10 7 that may provide care to four or more children at any one 10 8 time. The registered providers are termed "child development 10 9 homes" and the department is directed to develop standards for 10 10 capacity, provider qualifications, fire safety, and other 10 11 requirements based upon three categories of care. Initially, 10 12 the three categories are "A", "B", and "C", as ranked by 10 13 applying less stringent to more stringent standards. 10 14 The bill makes conforming changes in Code chapters 232, 10 15 relating to juvenile justice; Code chapter 237, relating to 10 16 foster care; and Code chapter 237A, relating to child care 10 17 facilities. 10 18 The bill includes transition provisions allowing a child 10 19 development home provider who is providing child care to a 10 20 greater number of children than is allowed for the provider's 10 21 registration category to continue to provide child care to 10 22 those children until the children become old enough or are no 10 23 longer receiving the care. 10 24 The bill takes effect October 1, 2002, and is applicable to 10 25 child care home providers registered prior to that date upon 10 26 renewal of the registration. The department is authorized to 10 27 adopt rules in accordance with emergency procedures, 10 28 eliminating notice and comment periods, but following review 10 29 by the administrative rules review committee. 10 30 LSB 5525XS 79 10 31 jp/pj/5.1
Text: SF02096 Text: SF02098 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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