House File 2506 - Introduced



                                       HOUSE FILE       
                                       BY  COMMITTEE ON HUMAN RESOURCES

                                       (SUCCESSOR TO HSB 639)


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

                                      A BILL FOR

  1 An Act relating to child care and family support subsidy services
  2    regulated or administered by the department of human services.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  4 TLSB 5381HV 82
  5 jp/nh/8

PAG LIN



  1  1                           DIVISION I
  1  2                 HOME=BASED CHILD CARE LOCATION
  1  3    Section 1.  Section 237A.3, Code 2007, is amended by adding
  1  4 the following new subsection:
  1  5    NEW SUBSECTION.  3.  The location at which the child care
  1  6 is provided shall be a single=family residence that is owned,
  1  7 rented, or leased by the person or program providing the child
  1  8 care.  For purposes of this subsection, a "single=family
  1  9 residence" includes an apartment, condominium, townhouse, or
  1 10 other individual unit within a multiple unit residential
  1 11 dwelling, but does not include a commercial or industrial
  1 12 building that is primarily used for purposes other than a
  1 13 residence.
  1 14    Sec. 2.  Section 237A.3A, subsection 3, Code 2007, is
  1 15 amended by adding the following new paragraph:
  1 16    NEW PARAGRAPH.  d.  The rules shall require a child
  1 17 development home to be located in a single=family residence
  1 18 that is owned, rented, or leased by the person or, for dual
  1 19 registrations, at least one of the persons who is named on the
  1 20 child development home's certificate of registration.  For
  1 21 purposes of this paragraph, a "single=family residence"
  1 22 includes an apartment, condominium, townhouse, or other
  1 23 individual unit within a multiple unit residential dwelling,
  1 24 but does not include a commercial or industrial building that
  1 25 is primarily used for purposes other than a residence.
  1 26                           DIVISION II
  1 27                    CHILD CARE RECORD CHECKS
  1 28    Sec. 3.  Section 237A.5, subsection 2, Code 2007, is
  1 29 amended by adding the following new paragraph:
  1 30    NEW PARAGRAPH.  cc.  If a record check performed in
  1 31 accordance with paragraph "b" or "c" identifies that an
  1 32 individual is a person subject to an evaluation, the
  1 33 department shall perform the evaluation in accordance with
  1 34 this subsection, even if the application which made the person
  1 35 subject to the record check is withdrawn or the circumstances
  2  1 which made the person subject to the record check are no
  2  2 longer applicable.  If the department's evaluation determines
  2  3 that prohibition of the person's involvement with child care
  2  4 is warranted, the provisions of this subsection regarding such
  2  5 a prohibition shall apply.
  2  6                          DIVISION III
  2  7                       WRAP=AROUND FUNDING
  2  8    Sec. 4.  Section 237A.13, subsection 8, Code Supplement
  2  9 2007, is amended by striking the subsection.
  2 10                           DIVISION IV
  2 11                 FAMILY SUPPORT SUBSIDY PROGRAM
  2 12    Sec. 5.  Section 225C.40, Code 2007, is amended by adding
  2 13 the following new subsection:
  2 14    NEW SUBSECTION.  4.  If a family appeals the termination of
  2 15 a family member who has attained the age of eighteen years,
  2 16 family support subsidy payments for that family member shall
  2 17 be withheld pending resolution of the appeal.
  2 18                           EXPLANATION
  2 19    This bill relates to child care and family support subsidy
  2 20 services regulated or administered by the department of human
  2 21 services (DHS).
  2 22    HOME=BASED CHILD CARE LOCATION.  This division requires
  2 23 child care homes and child development homes to be located in
  2 24 a single=family residence.
  2 25    Under Code chapter 237A, a "child care home" provides child
  2 26 care to five or fewer children at any one time and is not
  2 27 registered with the department of human services.  A "child
  2 28 development home" is registered with the department and may
  2 29 provide child care to six or more children at any one time.
  2 30    Code section 237A.3 is amended to require child care homes
  2 31 to be located in a single=family residence that is owned,
  2 32 rented, or leased by the person providing the child care.  A
  2 33 single=family residence includes an apartment, condominium,
  2 34 townhouse, or other individual unit within a multiple unit
  2 35 residential dwelling.  A single=family residence does not
  3  1 include a commercial or industrial building that is primarily
  3  2 used for purposes other than a residence.
  3  3    Code section 237A.3A is amended to require child
  3  4 development homes to be located in a single=family residence
  3  5 that is owned, rented, or leased by the person or, for dual
  3  6 registrations, at least one of the persons named on the child
  3  7 development home's certificate of registration.  The
  3  8 clarifications concerning the inclusion of units within
  3  9 multiple unit residential dwellings and the commercial or
  3 10 industrial building restriction applied to child care homes
  3 11 are also applied to child development homes.
  3 12    CHILD CARE RECORD CHECKS.  This division relates to record
  3 13 checks applicable to child care providers.
  3 14    Current law under Code section 237A.5, relating to
  3 15 personnel providing child care or living in a child care home
  3 16 or facility, requires criminal and child abuse registry checks
  3 17 to be conducted by DHS for a "person who is subject to a
  3 18 record check".  This term means the person is being considered
  3 19 for licensure or registration or is registered or licensed
  3 20 under Code chapter 237A, the person is being considered by a
  3 21 child care facility (defined to mean a licensed child care
  3 22 center or registered child development home) for employment
  3 23 involving direct responsibility for a child or with access to
  3 24 a child when the child is alone or is employed with such
  3 25 responsibilities, the person will reside or resides in a child
  3 26 care facility, the person has applied for or receives public
  3 27 funding for providing child care, or the person will reside or
  3 28 resides in a child care home that is not registered under the
  3 29 Code chapter but that receives public funding for providing
  3 30 child care.
  3 31    If a record check is performed and the record indicates
  3 32 that the person has committed a transgression, the department
  3 33 is required to perform an evaluation to determine if
  3 34 prohibition of the person's involvement with child care is
  3 35 warranted.  "Transgression" means the record indicates the
  4  1 person has been convicted of a crime, has a record of having
  4  2 committed founded child or dependent adult abuse, is listed in
  4  3 the sex offender registry, has a record of having committed a
  4  4 public or civil offense, or DHS has revoked a child care
  4  5 facility registration or license due to the person's continued
  4  6 or repeated failure to operate the child care facility in
  4  7 compliance with law and rules adopted pursuant to the Code
  4  8 chapter.
  4  9    The bill provides that an evaluation is required even if
  4 10 the application which made the person subject to the record
  4 11 check is withdrawn or the circumstances which made the person
  4 12 subject to the record check are no longer applicable.  If the
  4 13 evaluation determines that prohibition of the person's
  4 14 involvement with child care is warranted, the law regarding
  4 15 such prohibition is applicable.  A person who provides child
  4 16 care in violation of the prohibition is subject to criminal
  4 17 penalty or injunction.
  4 18    WRAP=AROUND FUNDING.  This division eliminates reference to
  4 19 certain child care funding for wrap=around services provided
  4 20 through DHS in Code section 237A.13, relating to the state
  4 21 child care assistance program.  The stricken subsection
  4 22 provides that a licensed child care center or registered child
  4 23 development home is deemed to be eligible for child care
  4 24 wrap=around funding if the center or home previously received
  4 25 the funding, meets requirements to be a shared vision program
  4 26 except that a shared vision program is not operated in the
  4 27 county where the center or home is located, and is providing
  4 28 child care wrap=around service that is included in the plan
  4 29 for the community empowerment area in which the center or home
  4 30 is located.  The shared visions program is administered
  4 31 through the department of education to provide quality child
  4 32 development programs to preschool children.
  4 33    FAMILY SUPPORT SUBSIDY PROGRAM.  This division relates to
  4 34 family support subsidy program payment and appeal
  4 35 requirements.
  5  1    The family support subsidy program is administered by DHS
  5  2 to assist families with a family member who is younger than 18
  5  3 and has an educational disability or special health care needs
  5  4 or otherwise meets the federal developmental disability
  5  5 definition.
  5  6    The bill also provides that if a family appeals the
  5  7 termination of a family member who attains age 18, family
  5  8 support subsidy payments are withheld while resolution of the
  5  9 appeal is pending.
  5 10 LSB 5381HV 82
  5 11 jp/nh/8