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accordance with 1 34 this subsection, even if the application which made the person 1 35 subject to the record check is withdrawn or the circumstances 2 1 which made the person subject to the record check are no 2 2 longer applicable.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