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1 35 subject to the record check is withdrawn or the circumstances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