Text: SF02231 Text: SF02233 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 237A.29, Code 2001, is amended to read 1 2 as follows: 1 3 237A.29STATE AND FEDERALPUBLIC FUNDING OF CHILD CARE – 1 4 FRAUDULENT ACTS – SANCTIONS. 1 5 1. State funds and federal funds provided to the state in 1 6 accordance with federal requirements shall not be used to pay 1 7 for the care, supervision, and guidance of a child for periods 1 8 of less than twenty-four hours per day on a regular basis 1 9 unless the care, supervision, and guidance is defined as child 1 10 care as used in this chapter. 1 11 2. a. For the purposes of this subsection, "fraudulent 1 12 means" means knowingly making or causing to be made a false 1 13 statement or a misrepresentation of a material fact, knowingly 1 14 failing to disclose a material fact, or committing a 1 15 fraudulent practice. 1 16 b. If a child care provider has been found in an 1 17 administrative or judicial proceeding to have obtained, or if 1 18 a child care provider has agreed to entry of a civil judgment 1 19 or judgment by confession that includes a conclusion of law 1 20 that the child care provider has obtained, by fraudulent 1 21 means, public funding for provision of child care in an amount 1 22 equal to or in excess of the minimum amount for a fraudulent 1 23 practice in the second degree under section 714.10, subsection 1 24 1, the child care provider shall be subject to one of the 1 25 following sanctions as determined by the department and 1 26 imposed in an administrative proceeding: 1 27 (1) A period during which receipt of public funding for 1 28 provision of child care is conditioned upon no further 1 29 violations. 1 30 (2) Ineligibility to receive public funding for provision 1 31 of child care. 1 32 (3) Suspension from receipt of public funding for 1 33 provision of child care. 1 34 (4) Special review of the child care provider's claims for 1 35 providing publicly funded child care. 2 1 c. The following factors shall be considered in 2 2 determining the sanction or sanctions to be imposed under 2 3 paragraph "b": 2 4 (1) Seriousness of the violation. 2 5 (2) Extent of violations. 2 6 (3) History of prior violations. 2 7 (4) Prior imposition of sanctions. 2 8 (5) Prior provision of provider education. 2 9 (6) Provider willingness to obey program rules. 2 10 (7) Whether a lesser sanction will be sufficient to remedy 2 11 the problem. 2 12 d. In determining the value of the public funding obtained 2 13 by fraudulent means, if the public funding is obtained by two 2 14 or more acts of fraudulent means by the same person or 2 15 location, or is obtained by different persons by two or more 2 16 acts which occur in approximately the same location or time 2 17 period so that the fraudulent means used to obtain the public 2 18 funding are attributable to a single scheme, plan, or 2 19 conspiracy, these acts may be considered as a single instance 2 20 of the use of fraudulent means and the value may be the total 2 21 value of all moneys involved. 2 22 3. a. If a child care provider is subject to sanction 2 23 under subsection 2, the provider shall submit to the 2 24 department the names and addresses of children receiving child 2 25 care from the provider. The department shall send information 2 26 to the parents of the children regarding the provider's 2 27 actions leading to the imposition of the sanction and the 2 28 nature of the sanction imposed. If the provider fails to 2 29 submit the names and addresses within five business days of 2 30 the department notifying the provider, the department shall 2 31 suspend the provider's registration or license under this 2 32 chapter until the names and addresses are provided. 2 33 b. In addition to applying the suspension, the department 2 34 may request that the attorney general file a petition with the 2 35 district court of the county in which the provider is located 3 1 for issuance of a temporary injunction enjoining the provider 3 2 from providing child care until the names and addresses are 3 3 submitted to the department. The attorney general may file 3 4 the petition upon receiving the request from the department. 3 5 Any temporary injunction may be granted without a bond being 3 6 required from the department. 3 7 c. If the sanction imposed under subsection 2 involves the 3 8 provider's suspension or ineligibility for receiving public 3 9 funding for provision of child care, the department shall not 3 10 impose those sanctions before the parents of the affected 3 11 children are informed, and upon request, shall provide 3 12 assistance to the parents in locating replacement child care. 3 13 SF 2232 3 14 jp/cc/26
Text: SF02231 Text: SF02233 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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