House File 15HOUSE FILE BY PETERSEN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act requiring licensed and registered child care facilities to 2 identify how financial responsibility for injuries is 3 addressed. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1079HH 82 6 jp/sh/8 PAG LIN 1 1 Section 1. Section 237A.12, subsection 1, Code 2007, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. i. Financial responsibility when the child 1 4 care facility has liability for an injury to a child receiving 1 5 care or to another person. The financial responsibility shall 1 6 be addressed by one of the following: 1 7 (1) The maintenance of liability insurance coverage by the 1 8 facility that complies with reasonable minimum amounts 1 9 identified in rule. 1 10 (2) The maintenance of a surety bond by the facility for 1 11 the liability that complies with reasonable minimum amounts 1 12 identified in rule. 1 13 (3) A lack of insurance coverage or surety bond for the 1 14 liability or a lack of insurance coverage or a surety bond 1 15 that complies with the minimum amount identified under 1 16 subparagraph (1) or (2). In order to comply with the 1 17 requirement under this paragraph "i", a child care facility 1 18 lacking such minimum coverage or bond shall provide to the 1 19 parent, guardian, or custodian of all children receiving care 1 20 written notice of the lack of or the exact amount of insurance 1 21 coverage or surety bond maintained. The written notice shall 1 22 be provided prior to a child receiving care and prior to 1 23 implementing a change in the amount of coverage or surety 1 24 bond. The facility shall have available for inspection signed 1 25 verification by each child's parent, guardian, or custodian 1 26 acknowledging that the notice was read and understood. 1 27 EXPLANATION 1 28 This bill requires licensed and registered child care 1 29 facilities to address financial responsibility for injuries. 1 30 Code section 237A.12, relating to requirements for the 1 31 department of human services to adopt rules setting minimum 1 32 standards for child care regulated by the department, is 1 33 amended. The bill adds to the list of requirements for child 1 34 care facilities (defined by Code chapter 237A as licensed 1 35 child care centers, preschools, and registered child 2 1 development homes), a requirement for the facilities to 2 2 identify how financial responsibility is addressed in 2 3 connection with liability for injuries. 2 4 The requirement can be met by the facility having liability 2 5 insurance coverage or a surety bond, both meeting minimum 2 6 amounts identified in rules. Otherwise, if the facility does 2 7 not have either the insurance coverage or the bond or the 2 8 coverage or bond does not meet the required amounts, the 2 9 facility must provide and verify notice has been received by 2 10 the child's parent, guardian, or custodian regarding the lack 2 11 or the exact amount of the coverage or bond. 2 12 LSB 1079HH 82 2 13 jp:nh/sh/8