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PAG LIN 1 1 SENATE FILE 2205 1 2 1 3 AN ACT 1 4 RELATING TO REGULATION OF CHILD CARE AND CHILD DEVELOPMENT 1 5 HOMES AND CHILD CARE CENTERS AND PROVIDING EFFECTIVE DATE 1 6 AND APPLICABILITY PROVISIONS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 232.69, subsection 1, paragraph b, 1 11 subparagraph (5), Code Supplement 2001, is amended to read as 1 12 follows: 1 13 (5) An employee or operator of a licensed child care 1 14 center, registered childcaredevelopment home, head start 1 15 program, family development and self-sufficiency grant program 1 16 under section 217.12, or healthy opportunities for parents to 1 17 experience success–healthy families Iowa program under 1 18 section 135.106. 1 19 Sec. 2. Section 237.1, subsection 4, paragraph d, Code 1 20 2001, is amended to read as follows: 1 21 d. Child care furnished by a child care center, a child 1 22 development home, or a child care home as defined in section 1 23 237A.1. 1 24 Sec. 3. Section 237A.1, subsection 2, Code Supplement 1 25 2001, is amended to read as follows: 1 26 2. "Child" meansaeither of the following: 1 27 a. A personunder eighteentwelve years of age or younger. 1 28 b. A person thirteen years of age or older but younger 1 29 than nineteen years of age who has a developmental disability 1 30 as defined under the federal Developmental Disabilities 1 31 Assistance and Bill of Rights Act of 2000, Pub. L. No. 106- 1 32 402, as codified in 42 U.S.C. } 15002(8). 1 33 Sec. 4. Section 237A.1, subsection 3, paragraph h, Code 1 34 Supplement 2001, is amended to read as follows: 1 35 h. An after school program continuously offered throughout 2 1 the school year calendar to children who are at least five 2 2 years of age and are enrolled in school, and attend the 2 3 program intermittently or a summer-only program for such 2 4 children. The program must be provided through a nominal 2 5 membership fee or at no cost. 2 6 Sec. 5. Section 237A.1, subsection 3, Code Supplement 2 7 2001, is amended by adding the following new paragraph: 2 8 NEW PARAGRAPH. n. A program offered to a child whose 2 9 parent, guardian, or custodian is engaged solely in a 2 10 recreational or social activity, remains immediately available 2 11 and accessible on the physical premises on which the child's 2 12 care is provided, and does not engage in employment while the 2 13 care is provided. 2 14 Sec. 6. Section 237A.1, subsections 4, 5, and 6, Code 2 15 Supplement 2001, are amended to read as follows: 2 16 4. "Child care center" or "center" means a facility 2 17 providing child care or preschool services for seven or more 2 18 children, except when the facility is registered as a child 2 19caredevelopment home. 2 20 5. "Child care facility" or "facility" means a child care 2 21 center, preschool, or a registered childcaredevelopment 2 22 home. 2 23 6. "Child care home" means a person or program providing 2 24 child careas a family child care home or a group child care2 25hometo five or fewer children at any one time that is not 2 26 registered to provide child care under this chapter, as 2 27 authorized under section 237A.3. 2 28 Sec. 7. Section 237A.1, Code Supplement 2001, is amended 2 29 by adding the following new subsection: 2 30 NEW SUBSECTION. 6A. "Child development home" means a 2 31 person or program registered under section 237A.3A that may 2 32 provide child care to six or more children at any one time. 2 33 Sec. 8. Section 237A.1, subsections 7 and 10, Code 2 34 Supplement 2001, are amended by striking the subsections. 2 35 Sec. 9. Section 237A.2, subsection 2, Code 2001, is 3 1 amended to read as follows: 3 2 2. a. A person denied a license underthe provisions of3 3 this section shall receive written notice of the denial 3 4 stating the reasons for denial and shall be provided with an 3 5 opportunity for an evidentiary hearing. 3 6 b.Licenses grantedA license issued under this chapter 3 7 shall be valid forone yeartwenty-four months from the date 3 8 of issuance. A license shall remain valid unless it is 3 9 revoked or suspended in accordance with the provisions of 3 10 section 237A.8 or is reduced to a provisional license under 3 11 subsection 3. The department may inspect a licensed center at 3 12 any time. A record of the license shall be kept by the 3 13 department. 3 14 c. The license shall be posted in a conspicuous place in 3 15 the center and shall state the particular premises in which 3 16 child care may be offered and the number of individuals who 3 17 may be received for care at any one time. A greater number of 3 18 children than is authorized by the license shall not be kept 3 19 in the center at any one time. 3 20 Sec. 10. Section 237A.2, subsection 5, Code 2001, is 3 21 amended to read as follows: 3 22 5. If the department has denied or revoked a license 3 23 because the applicant or person has continually or repeatedly 3 24 failed to operate a licensed center in compliance with this 3 25 chapter and rules adopted pursuant to this chapter, the person 3 26 shall not own or operate a child care center for a period of 3 27sixtwelve months from the date the license is denied or 3 28 revoked. The department shall not act on an application for a 3 29 license submitted by the applicant or person during thesix-3 30monthtwelve-month period. 3 31 Sec. 11. Section 237A.3, Code Supplement 2001, is amended 3 32 by striking the section and inserting in lieu thereof the 3 33 following: 3 34 237A.3 CHILD CARE HOMES. 3 35 A person or program providing child care to five children 4 1 or fewer at any one time is a child care home provider and is 4 2 not required to register under section 237A.3A as a child 4 3 development home. However, the person or program may register 4 4 as a child development home. 4 5 Sec. 12. Section 237A.3A, Code Supplement 2001, is amended 4 6 by striking the section and inserting in lieu thereof the 4 7 following: 4 8 237A.3A CHILD DEVELOPMENT HOMES. 4 9 1. REGISTRATION. 4 10 a. A person shall not establish or operate a child 4 11 development home unless the person obtains a certificate of 4 12 registration. The department shall issue a certificate of 4 13 registration upon receipt of a statement from the person or 4 14 upon completion of an inspection conducted by the department 4 15 or a designee of the department verifying that the person 4 16 complies with applicable rules adopted by the department 4 17 pursuant to this section and section 237A.12. 4 18 b. The certificate of registration shall be posted in a 4 19 conspicuous place in the child development home and shall 4 20 state the name of the registrant, the registration category of 4 21 the child development home, the maximum number of children who 4 22 may be present for child care at any one time, and the address 4 23 of the child development home. In addition, the certificate 4 24 shall include a checklist of registration compliances. 4 25 c. The registration process for a child development home 4 26 shall be repeated every twenty-four months as provided by 4 27 rule. 4 28 d. A person who holds a child foster care license under 4 29 chapter 237 shall register as a child development home 4 30 provider in order to provide child care. 4 31 2. REVOCATION OR DENIAL OF REGISTRATION. If the 4 32 department has denied or revoked a certificate of registration 4 33 because a person has continually or repeatedly failed to 4 34 operate a registered or licensed child care facility in 4 35 compliance with this chapter and rules adopted pursuant to 5 1 this chapter, the person shall not operate or establish a 5 2 registered child development home for a period of twelve 5 3 months from the date the registration or license was denied or 5 4 revoked. The department shall not act on an application for 5 5 registration submitted by the person during the twelve-month 5 6 period. 5 7 3. RULES. 5 8 a. Three categories of standards shall be applicable to 5 9 child development homes. The initial designations of the 5 10 categories, which may be revised by the department, shall be 5 11 "A", "B", and "C", as ranked from less stringent standards and 5 12 capacity to more stringent standards and capacity. The "C" 5 13 registration category standards shall require the highest 5 14 level of provider qualifications and allow the greatest 5 15 capacity of the three categories. The department of human 5 16 services, in consultation with the Iowa department of public 5 17 health, shall adopt rules applying standards to each category 5 18 specifying provider qualifications and training, health and 5 19 safety requirements, capacity, amount of space available per 5 20 child, and other minimum requirements. The capacity 5 21 requirements shall take into consideration the provider's own 5 22 children, children who have a mild illness, children receiving 5 23 part-time child care, and children served as a sibling group 5 24 in overnight care. 5 25 b. The rules shall allow a child development home to be 5 26 registered in a particular category for which the provider is 5 27 qualified even though the amount of space required to be 5 28 available for the maximum number of children authorized for 5 29 that category exceeds the actual amount of space available in 5 30 that home. However, the total number of children authorized 5 31 for the child development home at that category of 5 32 registration shall be limited by the amount of space available 5 33 per child. 5 34 c. In consultation with the state fire marshal, the 5 35 department shall adopt rules relating to the provision of fire 6 1 extinguishers, smoke detectors, and two exits accessible to 6 2 children in a child development home. 6 3 4. NUMBER OF CHILDREN. 6 4 a. In determining the number of children present for child 6 5 care at any one time in a child development home, each child 6 6 present in the child development home shall be considered as 6 7 being provided child care unless the child is described by one 6 8 of the following exceptions: 6 9 (1) The child's parent, guardian, or custodian operates or 6 10 established the child development home and the child is 6 11 attending school or the child is provided child care full-time 6 12 on a regular basis by another person. 6 13 (2) The child has been present in the child development 6 14 home for more than seventy-two consecutive hours and the child 6 15 is attending school or the child is provided child care full- 6 16 time on a regular basis by another person. 6 17 b. For purposes of determining the number of children 6 18 present for child care in a child development home, a child 6 19 receiving foster care from a child development home provider 6 20 shall be considered to be the child of the provider. 6 21 5. Smoking, as defined in section 142B.1, shall not be 6 22 permitted during a child development home's hours of operation 6 23 in an area of the child development home which may be used by 6 24 the children receiving child care. 6 25 Sec. 13. Section 237A.4, Code 2001, is amended to read as 6 26 follows: 6 27 237A.4 INSPECTION AND EVALUATION. 6 28 The department shall make periodic inspections of licensed 6 29 centers to ensure compliance with licensing requirements 6 30 provided in this chapter, and the local boards of health may 6 31 make periodic inspections of licensed centers to ensure 6 32 compliance with health-related licensing requirements provided 6 33 in this chapter. Theadministratordepartment may inspect 6 34 records maintained by a licensed center and may inquire into 6 35 matters concerning these centers and the persons in charge. 7 1 Theadministratordepartment shall require that the center be 7 2 inspected by the state fire marshal or a designee for 7 3 compliance with rules relating to fire safety before a license 7 4 is granted or renewed. Theadministratordepartment or a 7 5 designee may periodically visit registered childcare7 6 development homes for the purpose of evaluation of an inquiry 7 7 into matters concerning compliance with rules adopted under 7 8 section 237A.12. Evaluation of childcaredevelopment homes 7 9 under this section may include consultative services provided 7 10 pursuant to section 237A.6. 7 11 Sec. 14. Section 237A.12, subsection 1, unnumbered 7 12 paragraph 1, Code 2001, is amended to read as follows: 7 13 Subject to the provisions of chapter 17A, theadministrator7 14 department shall adopt rules setting minimum standards to 7 15 provide quality child care in the operation and maintenance of 7 16 child care centers and registered childcaredevelopment 7 17 homes, relating to all of the following: 7 18 Sec. 15. Section 237A.12, subsection 1, paragraph c, Code 7 19 2001, is amended to read as follows: 7 20 c. The adequacy of activity programs and food services 7 21 available to the children. Theadministratordepartment shall 7 22 not restrict the use of or apply nutritional standards to a 7 23 lunch or other meal which is brought to the center, child 7 24 development home, or child care home by a school-age child for 7 25 the child's consumption. 7 26 Sec. 16. Section 237A.12, subsection 3, Code 2001, is 7 27 amended to read as follows: 7 28 3. Rules relating to fire safety for child care centers 7 29 shall be adopted under this chapter by the state fire marshal 7 30 in consultation with the department. Rules adopted by the 7 31 state fire marshal for a building which is owned or leased by 7 32 a school district or accredited nonpublic school and used as a 7 33 child care facility shall not differ from standards adopted by 7 34 the state fire marshal for school buildings under chapter 100. 7 35 Rules relating to sanitation shall be adopted by the 8 1 department in consultation with the director of public health. 8 2 All rules shall be developed in consultation with the state 8 3 child care advisory council. The state fire marshal shall 8 4 inspect the facilities. 8 5 Sec. 17. Section 237A.13, subsection 2, Code 2001, is 8 6 amended to read as follows: 8 7 2. Services under the program may be provided in a 8 8 licensed child care center, aregistered groupchildcare8 9 development home,a registered family child care home,the 8 10 home of a relative, the child's own home,an unregistered8 11familya child care home, or in a facility exempt from 8 12 licensing or registration. 8 13 Sec. 18. Section 237A.13, Code 2001, is amended by adding 8 14 the following new subsection: 8 15 NEW SUBSECTION. 5A. A child care facility that previously 8 16 received child care wrap-around funding, meets the 8 17 requirements for being a shared vision program except that a 8 18 shared vision program is not operated in the county in which 8 19 the facility is located, and is providing a child care wrap- 8 20 around service that is included in the community empowerment 8 21 area board's plan for the community empowerment area in which 8 22 the facility is located shall be deemed to be qualified for 8 23 child care wrap-around funding. 8 24 Sec. 19. Section 237A.19, Code 2001, is amended to read as 8 25 follows: 8 26 237A.19 PENALTY. 8 27 1. A person who establishes, conducts, manages, or 8 28 operates a center without a licenseshall be guilty ofcommits 8 29 a serious misdemeanor. Each day of continuing violation after 8 30 conviction, or notice from the department by certified mail of 8 31 the violation, shall be considered a separate offense. 8 32 2. If registration is required under section237A.38 33 237A.3A, a person who establishes, conducts, manages, or 8 34 operates a childcaredevelopment home without registering or 8 35 a person who operates a childcaredevelopment home contrary 9 1 to section 237A.5,is guilty ofcommits a simple misdemeanor. 9 2 Each day of continuing violation after conviction, or notice 9 3 from the department by certified mail of the violation, is a 9 4 separate offense. A single charge alleging continuing 9 5 violation may be made in lieu of filing charges for each day 9 6 of violation. 9 7 Sec. 20. Section 237A.20, Code 2001, is amended to read as 9 8 follows: 9 9 237A.20 INJUNCTION. 9 10 A person who establishes, conducts, manages, or operates a 9 11 center without a license or a childcaredevelopment home 9 12 without a certificate of registration, if registration is 9 13 required under section237A.3237A.3A, may be restrained by 9 14 temporary or permanent injunction. A person who has been 9 15 convicted of a crime against a person or a person with a 9 16 record of founded child abuse may be restrained by temporary 9 17 or permanent injunction from providing unregistered, 9 18 registered, or licensed child care. The action may be 9 19 instituted by the state, the county attorney, a political 9 20 subdivision of the state, or an interested person. 9 21 Sec. 21. Section 237A.21, subsection 1, Code 2001, is 9 22 amended to read as follows: 9 23 1. A state child care advisory council is established 9 24 consisting of not more than thirty-five members from urban and 9 25 rural areas across the state. The membership shall include, 9 26 but is not limited to, all of the following persons or 9 27 representatives with an interest in child care: a licensed 9 28 center provider, a registered childcaredevelopment home 9 29 provider from a county with a population of less than twenty- 9 30 two thousand, an unregistered child care home provider, a 9 31 parent of a child in child care, staff members of appropriate 9 32 governmental agencies, and other members as deemed necessary 9 33 by the director. The members are eligible for reimbursement 9 34 of their actual and necessary expenses while engaged in 9 35 performance of their official duties. 10 1 Sec. 22. Section 237A.21, subsection 3, paragraphs a, e, 10 2 and f, Code 2001, are amended to read as follows: 10 3 a. Two parents of a child served by a registered child 10 4caredevelopment home. 10 5 e.Two familyOne child care homeprovidersprovider. 10 6 f.Two groupThree childcaredevelopment home providers. 10 7 Sec. 23. Section 237A.26, subsection 3, paragraph a, Code 10 8 2001, is amended to read as follows: 10 9 a. Organize assistance to child care homes and child 10 10 development homes utilizing training levels based upon the 10 11 homes' degrees of experience and interest. 10 12 Sec. 24. Section 237A.26, subsection 6, paragraph e, Code 10 13 2001, is amended to read as follows: 10 14 e. Provide specialized services to employers, including 10 15 the provision of resource and referral services to employee 10 16 groups identified by the employer and the provision of 10 17 technical assistance to develop employer-supported child care 10 18 programs. The specialized services may include but are not 10 19 limited to working with employers to identify networks of 10 20 recommended registered and licensed child care providers for 10 21 employee groups and to implement employer-supported quality 10 22 improvement initiatives among the network providers. 10 23 Sec. 25. Section 237A.26, subsection 6, paragraph h, Code 10 24 2001, is amended to read as follows: 10 25 h. Administer funding designated within the grant to 10 26 provide a substitute caregiver program for registered child 10 27caredevelopment homes to provide substitute child care in a 10 28 home when the home provider is ill, on vacation, receiving 10 29 training, or is otherwise unable to provide the care. 10 30 Sec. 26. Section 237A.26, Code 2001, is amended by adding 10 31 the following new subsection: 10 32 NEW SUBSECTION. 8. For purposes of improving the quality 10 33 and consistency of data collection, consultation, and other 10 34 support to child care home and child development home 10 35 providers, a resource and referral services agency grantee 11 1 shall coordinate and assist with publicly and privately funded 11 2 efforts administered at the community level to provide the 11 3 support. The support and efforts addressed by a grantee may 11 4 include but are not limited to community-funded child care 11 5 home and child development home consultants. Community 11 6 members involved with the assistance may include but are not 11 7 limited to the efforts of a community empowerment area board 11 8 under chapter 28, and of community representatives of 11 9 education, health, human services, business, faith, and public 11 10 interests. 11 11 Sec. 27. Section 237A.30, subsection 1, Code 2001, is 11 12 amended to read as follows: 11 13 1. The department shall accept nationally recognized 11 14 accreditations in identifying and listing high quality child 11 15 care providers. Any registeredfamily or groupchild 11 16 development home or licensed child care provider in this state 11 17 that is accredited in good standing by the national 11 18 association for the education of young children or the 11 19 national association for family child care shall be included 11 20 in the listing. 11 21 Sec. 28. Section 237A.30, subsection 4, Code 2001, is 11 22 amended to read as follows: 11 23 4. Subject to the availability of funding, an eligible 11 24 holder of the gold seal quality designation receiving an 11 25 initial or renewal national accreditation may receive a one- 11 26 time cash award in the year of initial or renewal 11 27 accreditation on or after July 1, 1999. Holders of the 11 28 designation who received funding assistance to obtain the 11 29 initial or renewal national accreditation under a grant 11 30 administered by the child development coordinating council or 11 31 as part of being a federal head start program are not eligible 11 32 for the cash award. Eligible holders of the designation may 11 33 receive a cash award of two hundred fifty dollars for 11 34 registeredfamily and group carechild development home 11 35 providers and five hundred dollars for licensed centers. 12 1 Sec. 29. Section 237A.27, Code 2001, is repealed. 12 2 Sec. 30. CHILD DEVELOPMENT HOME REGISTRATION – TRANSITION 12 3 EXCEPTION. The following transition exception shall apply to 12 4 child development home providers initially registering under 12 5 section 237A.3A or renewing a previously issued valid child 12 6 care home registration on or after October 1, 2002: 12 7 1. If the provider is providing child care to four infants 12 8 at the time of registration or renewal, the provider may 12 9 continue to provide child care to those four infants. 12 10 However, if the provider no longer provides child care to one 12 11 or more of the four infants, or one or more of the four 12 12 infants reaches the age of twenty-four months, the exception 12 13 authorized in this subsection shall no longer apply. This 12 14 exception does not affect the overall limitation authorized 12 15 for the number of children in the child development home 12 16 category within which the provider is registered. 12 17 2. If, at the time of registration or renewal, the 12 18 provider is providing child care to school-age children in 12 19 excess of the number of school-age children authorized for the 12 20 provider's registration category, the provider may continue to 12 21 provide child care to those children and the provider may 12 22 exceed the total number of children authorized for the 12 23 category of registration by the number of school-age children 12 24 in excess of the number authorized for the registration level. 12 25 This exception is subject to all of the following: 12 26 a. The provider must comply with the other requirements 12 27 relating to the number of children for which the provider is 12 28 authorized to provide child care at that registration 12 29 category. 12 30 b. The maximum number of children attributable to the 12 31 authorization for school-age children at the applicable 12 32 registration category is five. 12 33 c. If more than eight children are present at any one time 12 34 for more than two hours, the provider shall be assisted by a 12 35 responsible person who is at least fourteen years of age. 13 1 d. If the provider no longer provides child care to an 13 2 individual school-age child who was receiving child care from 13 3 the provider at the time of registration under section 13 4 237A.3A, the excess number of children allowed under this 13 5 exception shall be reduced accordingly. 13 6 Sec. 31. EFFECTIVE DATE – APPLICABILITY – EMERGENCY 13 7 RULES. 13 8 1. This Act takes effect October 1, 2002, and applies to 13 9 unregistered child care home providers and child development 13 10 home providers that register or renew registration on or after 13 11 that date. If a child care home is registered as a family or 13 12 group child care home as of September 30, 2002, this Act shall 13 13 apply upon registration renewal. 13 14 2. The department of human services may adopt emergency 13 15 rules under section 17A.4, subsection 2, and section 17A.5, 13 16 subsection 2, paragraph "b", to implement the provisions of 13 17 this Act and the rules shall be effective immediately upon 13 18 filing unless the effective date is delayed by the 13 19 administrative rules review committee, notwithstanding section 13 20 17A.4, subsection 5, and section 17A.8, subsection 9, or a 13 21 later date is specified in the rules. Any rules adopted in 13 22 accordance with this section shall not take effect before the 13 23 administrative rules review committee reviews the rules. Any 13 24 rules adopted in accordance with this section shall also be 13 25 published as a notice of intended action as provided in 13 26 section 17A.4. 13 27 13 28 13 29 13 30 MARY E. KRAMER 13 31 President of the Senate 13 32 13 33 13 34 13 35 BRENT SIEGRIST 14 1 Speaker of the House 14 2 14 3 I hereby certify that this bill originated in the Senate and 14 4 is known as Senate File 2205, Seventy-ninth General Assembly. 14 5 14 6 14 7 14 8 MICHAEL E. MARSHALL 14 9 Secretary of the Senate 14 10 Approved , 2002 14 11 14 12 14 13 14 14 THOMAS J. VILSACK 14 15 Governor
Text: SF02204 Text: SF02206 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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