House File 2450 - Introduced



                                       HOUSE FILE       
                                       BY  JOCHUM, WESSEL=KROESCHELL,
                                           MASCHER, WINCKLER, and
                                           LENSING


    Passed House, Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to child care by requiring registration or
  2    licensing of child care providers and making a penalty
  3    applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6247HH 81
  6 jp/gg/14

PAG LIN



  1  1    Section 1.  Section 237.1, subsection 4, paragraph d, Code
  1  2 2005, is amended to read as follows:
  1  3    d.  Child care furnished by a child care center, or a child
  1  4 development home, or a child care home as defined in section
  1  5 237A.1.
  1  6    Sec. 2.  Section 237A.1, subsection 6, Code Supplement
  1  7 2005, is amended by striking the subsection.
  1  8    Sec. 3.  Section 237A.1, subsection 7, Code Supplement
  1  9 2005, is amended to read as follows:
  1 10    7.  "Child development home" means a person or program
  1 11 registered under section 237A.3A that may provide child care
  1 12 to six one or more children at any one time.
  1 13    Sec. 4.  Section 237A.1, subsection 11, Code Supplement
  1 14 2005, is amended to read as follows:
  1 15    11.  "Involvement with child care" means licensed or
  1 16 registered under this chapter, employed in a child care
  1 17 facility, residing in a child care facility, receiving public
  1 18 funding for providing child care, or providing child care as a
  1 19 child care home provider, or residing in a child care home
  1 20 with a person receiving public funding for providing child
  1 21 care.
  1 22    Sec. 5.  Section 237A.5, subsection 2, paragraph a,
  1 23 subparagraph (1), subparagraph subdivision (e), Code 2005, is
  1 24 amended to read as follows:
  1 25    (e)  The person will reside or resides in with a child care
  1 26 home that provider who is not registered subject to
  1 27 registration or licensure under this chapter but that receives
  1 28 public funding for providing child care.
  1 29    Sec. 6.  Section 237A.5, subsection 2, paragraph b,
  1 30 unnumbered paragraph 2, Code 2005, is amended to read as
  1 31 follows:
  1 32    Prior to performing an evaluation, the department shall
  1 33 notify the affected person, licensee, registrant, or child
  1 34 care home person applying for or receiving public funding for
  1 35 providing child care, that an evaluation will be conducted to
  2  1 determine whether prohibition of the person's involvement with
  2  2 child care is warranted.
  2  3    Sec. 7.  Section 237A.5, subsection 2, paragraph d,
  2  4 subparagraph (2), Code 2005, is amended to read as follows:
  2  5    (2)  If, within five years prior to the date of application
  2  6 for registration or licensure under this chapter, for
  2  7 employment or residence in a child care facility or child care
  2  8 home, or for receipt of public funding for providing child
  2  9 care, a person subject to an evaluation has been convicted of
  2 10 a controlled substance offense under chapter 124 or has been
  2 11 found to have committed physical abuse, the person shall be
  2 12 prohibited from involvement with child care for a period of
  2 13 five years from the date of conviction or founded abuse.
  2 14 After the five=year prohibition period, the person may submit
  2 15 an application for registration or licensure under this
  2 16 chapter, or to receive public funding for providing child care
  2 17 or may request an evaluation, and the department shall perform
  2 18 an evaluation and, based upon the criteria in paragraph "c",
  2 19 shall determine whether prohibition of the person's
  2 20 involvement with child care continues to be warranted.
  2 21    Sec. 8.  Section 237A.5, subsection 2, paragraph f, Code
  2 22 2005, is amended to read as follows:
  2 23    f.  If it has been determined that a child receiving child
  2 24 care from a child care facility or a child care home which
  2 25 person who receives public funding for providing child care is
  2 26 the victim of founded child abuse committed by an employee,
  2 27 license or registration holder, child care home provider
  2 28 person who receives public funding for providing child care or
  2 29 an individual residing with that person, or resident of the
  2 30 child care facility or child care home for which a report is
  2 31 placed in the central registry pursuant to section 232.71D,
  2 32 the administrator shall provide notification at the time of
  2 33 the determination to the parents, guardians, and custodians of
  2 34 children receiving care from the facility or child care home
  2 35 person.  A notification made under this paragraph shall
  3  1 identify the type of abuse but shall not identify the victim
  3  2 or perpetrator or circumstances of the founded abuse.
  3  3    Sec. 9.  Section 237A.12, subsection 1, paragraph c, Code
  3  4 2005, is amended to read as follows:
  3  5    c.  The adequacy of activity programs and food services
  3  6 available to the children.  The department shall not restrict
  3  7 the use of or apply nutritional standards to a lunch or other
  3  8 meal which is brought to the center, or child development
  3  9 home, or child care home by a school=age child for the child's
  3 10 consumption.
  3 11    Sec. 10.  Section 237A.13, subsection 2, Code 2005, is
  3 12 amended to read as follows:
  3 13    2.  Services under the program may be provided in by a
  3 14 licensed child care center, a registered child development
  3 15 home, the home of a relative who is registered or licensed
  3 16 under this chapter, the child's own home by a provider who is
  3 17 registered or licensed under this chapter, a child care home,
  3 18 or in a facility exempt from licensing or registration under
  3 19 the definition of child care in section 237A.1.
  3 20    Sec. 11.  Section 237A.19, subsection 2, Code 2005, is
  3 21 amended to read as follows:
  3 22    2.  If registration is required under section 237A.3A, a A
  3 23 person who establishes, conducts, manages, or operates a child
  3 24 development home without registering, or a person who operates
  3 25 a child development home contrary to section 237A.5, or a
  3 26 person that has been prohibited by the department from
  3 27 involvement with child care but continues that involvement,
  3 28 commits a simple misdemeanor.  Each day of continuing
  3 29 violation after conviction, or notice from the department by
  3 30 certified mail of the violation, is a separate offense.  A
  3 31 single charge alleging continuing violation may be made in
  3 32 lieu of filing charges for each day of violation.
  3 33    Sec. 12.  Section 237A.19, subsection 3, Code 2005, is
  3 34 amended by striking the subsection.
  3 35    Sec. 13.  Section 237A.20, Code 2005, is amended to read as
  4  1 follows:
  4  2    237A.20  INJUNCTION.
  4  3    A person who establishes, conducts, manages, or operates a
  4  4 center without a license or a child development home without a
  4  5 certificate of registration, if registration is required under
  4  6 section 237A.3A, may be restrained by temporary or permanent
  4  7 injunction.  A person who has been convicted of a crime
  4  8 against a person, a person with a record of founded child
  4  9 abuse, or a person who has been prohibited by the department
  4 10 from involvement with child care may be restrained by
  4 11 temporary or permanent injunction from providing unregistered,
  4 12 registered, or licensed child care or from other involvement
  4 13 with child care.  The action may be instituted by the state,
  4 14 the county attorney, a political subdivision of the state, or
  4 15 an interested person.
  4 16    Sec. 14.  Section 237A.21, subsection 1, Code 2005, is
  4 17 amended to read as follows:
  4 18    1.  A state child care advisory council is established
  4 19 consisting of not more than thirty=five members from urban and
  4 20 rural areas across the state.  The membership shall include,
  4 21 but is not limited to, all of the following persons or
  4 22 representatives with an interest in child care:  a licensed
  4 23 center provider, a registered child development home provider
  4 24 from a county with a population of less than twenty=two
  4 25 thousand, an unregistered child care home provider, a parent
  4 26 of a child in child care, staff members of appropriate
  4 27 governmental agencies, and other members as deemed necessary
  4 28 by the director.  The members are eligible for reimbursement
  4 29 of their actual and necessary expenses while engaged in
  4 30 performance of their official duties.
  4 31    Sec. 15.  Section 237A.21, subsection 3, paragraph e, Code
  4 32 2005, is amended by striking the paragraph.
  4 33    Sec. 16.  Section 237A.26, subsection 3, paragraph a, Code
  4 34 2005, is amended to read as follows:
  4 35    a.  Organize assistance to child care homes and child
  5  1 development homes utilizing training levels based upon the
  5  2 homes' degrees of experience and interest.
  5  3    Sec. 17.  Section 237A.26, subsection 8, Code 2005, is
  5  4 amended to read as follows:
  5  5    8.  For purposes of improving the quality and consistency
  5  6 of data collection, consultation, and other support to child
  5  7 care home and child development home providers, a resource and
  5  8 referral services agency grantee shall coordinate and assist
  5  9 with publicly and privately funded efforts administered at the
  5 10 community level to provide the support.  The support and
  5 11 efforts addressed by a grantee may include but are not limited
  5 12 to community=funded child care home and child development home
  5 13 consultants.  Community members involved with the assistance
  5 14 may include but are not limited to the efforts of a community
  5 15 empowerment area board under chapter 28, and of community
  5 16 representatives of education, health, human services,
  5 17 business, faith, and public interests.
  5 18    Sec. 18.  Section 237A.3, Code 2005, is repealed.
  5 19                           EXPLANATION
  5 20    This bill relates to child care regulated by the department
  5 21 of human services under Code chapter 237A by requiring
  5 22 registration or licensing of child care providers and making
  5 23 penalties applicable.
  5 24    Under current law in Code section 237A.3, a person or
  5 25 program providing child care to five children or fewer at any
  5 26 one time is a child care home provider and is not required to
  5 27 register under Code section 237A.3A as a child development
  5 28 home.  The bill repeals Code section 237A.3 and revises the
  5 29 definition of registered child development home to mean care
  5 30 provided to one or more children.  Conforming amendments are
  5 31 included to eliminate the term "child care home" throughout
  5 32 the Code.
  5 33    Code section 237A.13, relating to the state child care
  5 34 assistance program, is amended to provide that care under the
  5 35 program must be provided by a licensed or registered provider
  6  1 unless specifically exempt under the child care definition.
  6  2    Code section 237A.19 provides for a simple misdemeanor
  6  3 penalty for each day of violation of operating a child
  6  4 development home without registering.  With the bill's change
  6  5 in the number of children receiving child care from a child
  6  6 development home, this penalty would apply to a person
  6  7 providing care to one or more children without registering as
  6  8 a child development home provider.  The penalty in Code
  6  9 section 237A.19 for a person operating a child care home or
  6 10 having involvement with child care when prohibited is stricken
  6 11 and the involvement penalty in the stricken subsection is
  6 12 moved by the bill to a different subsection.
  6 13    Code section 237A.21, relating to the state child care
  6 14 advisory council, is amended to remove child care home
  6 15 providers from the required membership.
  6 16 LSB 6247HH 81
  6 17 jp:nh/gg/14