Text: HF00226 Text: HF00228 Text: HF00200 - HF00299 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 2003, are amended to read as follows: 1 3 a. A person shall not be enrolled inanya licensed child 1 4 care center, registered child development home, or elementary 1 5 or 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 development home or licensed child care 1 11 center. 1 12 Sec. 2. Section 139A.8, subsection 4, unnumbered paragraph 1 13 1, Code 2003, is amended to read as follows: 1 14 Immunization is not required for a person's enrollment in 1 15 any elementary or secondary school, registered child 1 16 development home, or licensed child care center if either of 1 17 the following applies: 1 18 Sec. 3. Section 139A.8, subsection 5, Code 2003, is 1 19 amended to read as follows: 1 20 5. A person may be provisionally enrolled in an elementary 1 21 or secondary school, registered child development home, or 1 22 licensed child care center if the person has begun the 1 23 required immunizations and if the person continues to receive 1 24 the necessary immunizations as rapidly as is medically 1 25 feasible. The department shall adopt rules relating to the 1 26 provisional admission of persons to an elementary or secondary 1 27 school, registered child development home, or licensed child 1 28 care center. 1 29 Sec. 4. Section 237.1, subsection 4, paragraph d, Code 1 30 2003, is amended to read as follows: 1 31 d. Child care furnished by a child care center,or a child 1 32 development home, or a child care homeas defined in section 1 33 237A.1. 1 34 Sec. 5. Section 237A.1, subsection 3, unnumbered paragraph 1 35 1, Code 2003, is amended to read as follows: 2 1 "Child care" means the care, supervision, and guidance of a 2 2 child by a person other than the child's parent, guardian, or 2 3 custodian for periods of more than four but less than twenty- 2 4 four hours per day per child on a regular basis, but does not 2 5 include care, supervision, and guidance of a child by any of 2 6 the following: 2 7 Sec. 6. Section 237A.1, subsection 6, Code 2003, is 2 8 amended by striking the subsection. 2 9 Sec. 7. Section 237A.3A, subsection 1, paragraph c, Code 2 10 2003, is amended to read as follows: 2 11 c. The registration process for a child development home 2 12 shall be repeated everytwenty-fourtwelve months as provided 2 13 by rule. 2 14 Sec. 8. Section 237A.3A, subsection 3, paragraph a, Code 2 15 2003, is amended to read as follows: 2 16 a.ThreeFive categories of standards shall be applicable 2 17 to child development homes. The initial designations of the 2 18 categories, which may be revised by the department, shall be 2 19"A", "B", and "C",from one to five stars, as ranked from less 2 20 stringent standards and capacity to more stringent standards 2 21 and capacity. The"C"five-star registration category 2 22 standards shall require the highest level of provider 2 23 qualifications and allow the greatest capacity of thethree2 24 five categories. The department of human services, in 2 25 consultation with the Iowa department of public health, shall 2 26 adopt rules applying standards to each category specifying 2 27 provider qualifications and training, health and safety 2 28 requirements, capacity, amount of space available per child, 2 29 and other minimum requirements. The capacity requirements 2 30 shall take into consideration the provider's own children, 2 31 children who have a mild illness, children receiving part-time 2 32 child care, and children served as a sibling group in 2 33 overnight care. 2 34 Sec. 9. Section 237A.12, subsection 1, paragraph c, Code 2 35 2003, is amended to read as follows: 3 1 c. The adequacy of activity programs and food services 3 2 available to the children. The department shall not restrict 3 3 the use of or apply nutritional standards to a lunch or other 3 4 meal which is brought to the center,or child development 3 5 home, or child care homeby a school-age child for the child's 3 6 consumption. 3 7 Sec. 10. Section 237A.13, subsections 2 and 3, Code 2003, 3 8 are amended to read as follows: 3 9 2. Services under the program may be provided in a 3 10 licensed child care center, a child development home,the home3 11of a relative, the child's own home, a child care home,orin3 12 a facility exempt from licensing or registration. 3 13 3. The department shall set reimbursement rates as 3 14 authorized by appropriations enacted for payment of the 3 15 reimbursements. The department shall conduct a statewide 3 16 reimbursement rate survey to compile information on each 3 17 county and the survey shall be conducted at least every two 3 18 years.The department shall set rates in a manner so as to3 19provide incentives for an unregistered provider to become3 20registered.3 21 Sec. 11. Section 237A.19, subsection 2, Code 2003, is 3 22 amended to read as follows: 3 23 2.If registration is required under section 237A.3A, aA 3 24 person who establishes, conducts, manages, or operates a child 3 25 development home without registering or a person who operates 3 26 a child development home contrary to section 237A.5, commits a 3 27 simple misdemeanor. Each day of continuing violation after 3 28 conviction, or notice from the department by certified mail of 3 29 the violation, is a separate offense. A single charge 3 30 alleging continuing violation may be made in lieu of filing 3 31 charges for each day of violation. 3 32 Sec. 12. Section 237A.21, subsection 1, Code 2003, is 3 33 amended to read as follows: 3 34 1. A state child care advisory council is established 3 35 consisting of not more than thirty-five members from urban and 4 1 rural areas across the state. The membership shall include, 4 2 but is not limited to, all of the following persons or 4 3 representatives with an interest in child care: a licensed 4 4 center provider, a registered child development home provider 4 5 from a county with a population of less than twenty-two 4 6 thousand,an unregistered child care home provider,a parent 4 7 of a child in child care, staff members of appropriate 4 8 governmental agencies, and other members as deemed necessary 4 9 by the director. The members are eligible for reimbursement 4 10 of their actual and necessary expenses while engaged in 4 11 performance of their official duties. 4 12 Sec. 13. Section 237A.21, subsection 3, paragraph e, Code 4 13 2003, is amended by striking the paragraph. 4 14 Sec. 14. Section 237A.26, subsection 3, paragraph a, Code 4 15 2003, is amended to read as follows: 4 16 a. Organize assistance tochild care homes andchild 4 17 development homes utilizing training levels based upon the 4 18homes'home providers' degrees of experience and interest. 4 19 Sec. 15. Section 237A.26, subsection 6, paragraph c, Code 4 20 2003, is amended to read as follows: 4 21 c. Provide information to the public regarding the 4 22 availability of child care services and, for child development 4 23 homes, the category rankings of the child development homes in 4 24 the communities within the agency's region. 4 25 Sec. 16. Section 237A.26, subsection 8, Code 2003, is 4 26 amended to read as follows: 4 27 8. For purposes of improving the quality and consistency 4 28 of data collection, consultation, and other support tochild4 29care home andchild development home providers, a resource and 4 30 referral services agency grantee shall coordinate and assist 4 31 with publicly and privately funded efforts administered at the 4 32 community level to provide the support. The support and 4 33 efforts addressed by a grantee may include but are not limited 4 34 to community-fundedchild care home andchild development home 4 35 consultants. Community members involved with the assistance 5 1 may include but are not limited to the efforts of a community 5 2 empowerment area board under chapter 28, and of community 5 3 representatives of education, health, human services, 5 4 business, faith, and public interests. 5 5 Sec. 17. Section 237A.3, Code 2003, is repealed. 5 6 Sec. 18. CHILD DEVELOPMENT HOME REGISTRATION – TRANSITION 5 7 EXCEPTION. The following transition exception shall apply to 5 8 child development home providers initially registering under 5 9 section 237A.3, as amended by this Act, or renewing a 5 10 previously issued valid child development home registration on 5 11 or after October 1, 2003: 5 12 1. If the provider is providing child care to four infants 5 13 at the time of registration or renewal, the provider may 5 14 continue to provide child care to those four infants. 5 15 However, if the provider no longer provides child care to one 5 16 or more of the four infants, or one or more of the four 5 17 infants reaches the age of twenty-four months, the exception 5 18 authorized in this subsection shall no longer apply. This 5 19 exception does not affect the overall limitation authorized 5 20 for the number of children in the child development home 5 21 category within which the provider is registered. 5 22 2. If, at the time of registration or renewal, the 5 23 provider is providing child care to school-age children in 5 24 excess of the number of school-age children authorized to be 5 25 cared for by the provider, the provider may continue to 5 26 provide child care to those children and the provider may 5 27 exceed the total number of children authorized. This 5 28 exception is subject to all of the following: 5 29 a. The provider must comply with the other requirements 5 30 relating to the number of children for which the provider is 5 31 authorized to provide child care at that registration 5 32 category. 5 33 b. The maximum number of children attributable to the 5 34 authorization for school-age children at the applicable 5 35 registration category is five. 6 1 c. If more than eight children are present at any one time 6 2 for more than two hours, the provider shall be assisted by a 6 3 responsible person who is at least fourteen years of age. 6 4 d. If the provider no longer provides child care to an 6 5 individual school-age child who was receiving child care from 6 6 the provider at the time of registration under section 6 7 237A.3A, as amended by this Act, the excess number of children 6 8 allowed under this subsection shall be reduced accordingly. 6 9 Sec. 19. EFFECTIVE DATE – APPLICABILITY – EMERGENCY 6 10 RULES. 6 11 1. This Act takes effect October 1, 2003, and applies to 6 12 unregistered child care providers that register and child 6 13 development home providers that renew registration on or after 6 14 that date. If a child development home provider is registered 6 15 as of September 30, 2003, this Act shall apply upon 6 16 registration renewal. 6 17 2. The department of human services may adopt emergency 6 18 rules under section 17A.4, subsection 2, and section 17A.5, 6 19 subsection 2, paragraph "b", to implement the provisions of 6 20 this Act and the rules shall be effective immediately upon 6 21 filing unless the effective date is delayed by the 6 22 administrative rules review committee, notwithstanding section 6 23 17A.4, subsection 5, and section 17A.8, subsection 9, or a 6 24 later date is specified in the rules. Any rules adopted in 6 25 accordance with this section shall not take effect before the 6 26 administrative rules review committee reviews the rules. Any 6 27 rules adopted in accordance with this section shall also be 6 28 published as a notice of intended action as provided in 6 29 section 17A.4. 6 30 EXPLANATION 6 31 This bill relates to child development home registration 6 32 requirements. 6 33 Code section 139A.8, relating to child immunization 6 34 requirements, is amended to apply the immunization 6 35 requirements currently applicable to children enrolling in 7 1 school or a licensed child care center to children cared for 7 2 in a registered child development home. 7 3 The bill amends Code chapter 237A relating to requirements 7 4 administered by the department of human services affecting 7 5 home child care providers. Under current law, a child care 7 6 home may provide child care to five or fewer children at any 7 7 one time and registration with the department is optional. 7 8 Current law requires a child development home registration for 7 9 homes providing care to six or more children at any one time. 7 10 The bill requires registration if a person provides child 7 11 care to a child for more than four hours per day on a regular 7 12 basis. Based upon five categories of care, the department is 7 13 to develop standards for providing qualifications and 7 14 training, program quality, and provider history of compliance 7 15 with standards. In addition, the department is directed to 7 16 develop standards for capacity, fire safety, and other 7 17 requirements. The five categories are designated by one to 7 18 five stars, as ranked by applying less stringent to more 7 19 stringent standards. Current law provides for three 7 20 categories of care. 7 21 The bill makes conforming changes in Code chapter 237, 7 22 relating to foster care, and Code chapter 237A, relating to 7 23 child care facilities. 7 24 The bill includes transition provisions allowing a child 7 25 development home provider who is providing child care to a 7 26 greater number of children than is allowed for the provider's 7 27 registration category to continue to provide child care to 7 28 those children until the children become old enough or are no 7 29 longer receiving the care. 7 30 The bill repeals Code section 237A.3, relating to 7 31 unregistered child care homes. 7 32 The bill takes effect October 1, 2003, and is applicable to 7 33 child development home providers registered prior to that date 7 34 upon renewal of the registration. The department is 7 35 authorized to adopt rules in accordance with emergency 8 1 procedures, eliminating notice and comment periods, but 8 2 following review by the administrative rules review committee. 8 3 LSB 2014HH 80 8 4 jp/pj/5 8 5
Text: HF00226 Text: HF00228 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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