House File 227
HOUSE FILE
BY FOEGE
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to child development home registration
2 requirements and including effective date and applicability
3 provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2014HH 80
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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 in any a 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 in any a
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 home as 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 every twenty=four twelve 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. Three Five 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 the three
2 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 home by 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 home
3 11 of a relative, the child's own home, a child care home, or in
3 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 to
3 19 provide incentives for an unregistered provider to become
3 20 registered.
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, a A
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 to child care homes and child
4 17 development homes utilizing training levels based upon the
4 18 homes' 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 to child
4 29 care home and child 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=funded child care home and child 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
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