House File 416 - Introduced



                                       HOUSE FILE       
                                       BY  MASCHER


    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 regulated by the department
  3    of human services and making a penalty applicable.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 2242HH 82
  6 jp/gg/14

PAG LIN



  1  1    Section 1.  Section 237.1, subsection 4, paragraph d, Code
  1  2 2007, 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 2007, is
  1  7 amended by striking the subsection.
  1  8    Sec. 3.  Section 237A.1, subsection 7, Code 2007, is
  1  9 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 2007, is
  1 14 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.1, Code 2007, is amended by adding
  1 23 the following new subsection:
  1 24    NEW SUBSECTION.  14A.  "Relative" means an adult person who
  1 25 is, or was at any time, one of the following relatives of a
  1 26 child, by means of blood relationship, marriage, or adoption,
  1 27 or is a spouse of one of the following relatives:
  1 28    a.  Grandparent.
  1 29    b.  Great=grandparent.
  1 30    c.  Great=great=grandparent.
  1 31    d.  Stepparent, but not the parent of the stepparent.
  1 32    e.  Sibling.
  1 33    f.  Stepsibling.
  1 34    g.  Sibling by at least the half blood.
  1 35    h.  Uncle or aunt by at least the half blood.
  2  1    i.  Great=uncle or great=aunt.
  2  2    j.  Great=great=uncle or great=great=aunt.
  2  3    k.  First cousin.
  2  4    l.  Nephew or niece.
  2  5    m.  Second cousin.
  2  6    Sec. 6.  Section 237A.3A, subsection 1, paragraph a, Code
  2  7 2007, is amended to read as follows:
  2  8    a.  A person shall not establish or operate a child
  2  9 development home unless the person obtains a certificate of
  2 10 registration.  The department shall issue a certificate of
  2 11 registration upon receipt of a statement from the person or
  2 12 upon completion of an inspection conducted by the department
  2 13 or a designee of the department verifying that the person
  2 14 complies with applicable rules adopted by the department
  2 15 pursuant to this section and section 237A.12.  However, a
  2 16 relative who provides child care to only related children or a
  2 17 person providing child care to only children from a single
  2 18 unrelated family is not required to register under this
  2 19 section.
  2 20    Sec. 7.  Section 237A.5, subsection 2, paragraph a,
  2 21 subparagraph (1), subparagraph subdivision (e), Code 2007, is
  2 22 amended to read as follows:
  2 23    (e)  The person will reside or resides in with a child care
  2 24 home that provider who is not registered subject to
  2 25 registration or licensure under this chapter but that receives
  2 26 public funding for providing child care.
  2 27    Sec. 8.  Section 237A.5, subsection 2, paragraph b, Code
  2 28 2007, is amended to read as follows:
  2 29    b.  If an individual person subject to a record check is
  2 30 being considered for employment by a child care facility or
  2 31 child care home, in lieu of requesting a record check to be
  2 32 conducted by the department under paragraph "c", the child
  2 33 care facility or child care home may access the single contact
  2 34 repository established pursuant to section 135C.33 as
  2 35 necessary to conduct a criminal and child abuse record check
  3  1 of the individual.  A copy of the results of the record check
  3  2 conducted through the single contact repository shall also be
  3  3 provided to the department.  If the record check indicates the
  3  4 individual is a person subject to an evaluation, the child
  3  5 care facility or child care home may request that the
  3  6 department perform an evaluation as provided in this
  3  7 subsection.  Otherwise, the individual shall not be employed
  3  8 by the child care facility or child care home.
  3  9    Sec. 9.  Section 237A.5, subsection 2, paragraph c,
  3 10 unnumbered paragraph 2, Code 2007, is amended to read as
  3 11 follows:
  3 12    Prior to performing an evaluation, the department shall
  3 13 notify the affected person, licensee, registrant, or child
  3 14 care home person applying for or receiving public funding for
  3 15 providing child care, that an evaluation will be conducted to
  3 16 determine whether prohibition of the person's involvement with
  3 17 child care is warranted.
  3 18    Sec. 10.  Section 237A.5, subsection 2, paragraph e,
  3 19 subparagraph (2), Code 2007, is amended to read as follows:
  3 20    (2)  If, within five years prior to the date of application
  3 21 for registration or licensure under this chapter, for
  3 22 employment or residence in a child care facility or child care
  3 23 home, or for receipt of public funding for providing child
  3 24 care, a person subject to an evaluation has been convicted of
  3 25 a controlled substance offense under chapter 124 or has been
  3 26 found to have committed physical abuse, the person shall be
  3 27 prohibited from involvement with child care for a period of
  3 28 five years from the date of conviction or founded abuse.
  3 29 After the five=year prohibition period, the person may submit
  3 30 an application for registration or licensure under this
  3 31 chapter, or to receive public funding for providing child care
  3 32 or may request an evaluation, and the department shall perform
  3 33 an evaluation and, based upon the criteria in paragraph "d",
  3 34 shall determine whether prohibition of the person's
  3 35 involvement with child care continues to be warranted.
  4  1    Sec. 11.  Section 237A.5, subsection 2, paragraph g, Code
  4  2 2007, is amended to read as follows:
  4  3    g.  If it has been determined that a child receiving child
  4  4 care from a child care facility or from a child care home
  4  5 person who receives public funding for providing child care is
  4  6 the victim of founded child abuse committed by an employee,
  4  7 license or registration holder, child care home provider
  4  8 person who receives public funding for providing child care or
  4  9 an individual residing with that person, or resident of the
  4 10 child care facility or child care home for which a report is
  4 11 placed in the central registry pursuant to section 232.71D,
  4 12 the administrator shall provide notification at the time of
  4 13 the determination to the parents, guardians, and custodians of
  4 14 children receiving care from the child care facility or child
  4 15 care home person who receives public funding for providing
  4 16 child care.  A notification made under this paragraph shall
  4 17 identify the type of abuse but shall not identify the victim
  4 18 or perpetrator or circumstances of the founded abuse.
  4 19    Sec. 12.  Section 237A.12, subsection 1, paragraph c, Code
  4 20 2007, is amended to read as follows:
  4 21    c.  The adequacy of activity programs and food services
  4 22 available to the children.  The department shall not restrict
  4 23 the use of or apply nutritional standards to a lunch or other
  4 24 meal which is brought to the center, or child development
  4 25 home, or child care home by a school=age child for the child's
  4 26 consumption.
  4 27    Sec. 13.  Section 237A.13, subsection 2, Code 2007, is
  4 28 amended to read as follows:
  4 29    2.  Services under the program may be provided in by a
  4 30 licensed child care center, a registered child development
  4 31 home, the home of a relative, the child's own home by a
  4 32 relative or by a provider who is registered or licensed under
  4 33 this chapter, a child care home, or in a facility exempt from
  4 34 licensing or registration under the definition of child care
  4 35 in section 237A.1.
  5  1    Sec. 14.  Section 237A.19, subsection 2, Code 2007, is
  5  2 amended to read as follows:
  5  3    2.  If registration is required under section 237A.3A, a A
  5  4 person who establishes, conducts, manages, or operates a child
  5  5 development home without registering, or a person who operates
  5  6 a child development home contrary to section 237A.5, or a
  5  7 person who has been prohibited by the department from
  5  8 involvement with child care but continues that involvement,
  5  9 commits a simple misdemeanor.  Each day of continuing
  5 10 violation after conviction, or notice from the department by
  5 11 certified mail of the violation, is a separate offense.  A
  5 12 single charge alleging continuing violation may be made in
  5 13 lieu of filing charges for each day of violation.
  5 14    Sec. 15.  Section 237A.19, subsection 3, Code 2007, is
  5 15 amended by striking the subsection.
  5 16    Sec. 16.  Section 237A.20, Code 2007, is amended to read as
  5 17 follows:
  5 18    237A.20  INJUNCTION.
  5 19    A person who establishes, conducts, manages, or operates a
  5 20 center without a license or a child development home without a
  5 21 certificate of registration, if registration is required under
  5 22 section 237A.3A, may be restrained by temporary or permanent
  5 23 injunction.  A person who has been convicted of a crime
  5 24 against a person, a person with a record of founded child
  5 25 abuse, or a person who has been prohibited by the department
  5 26 from involvement with child care may be restrained by
  5 27 temporary or permanent injunction from providing unregistered,
  5 28 registered, or licensed child care or from other involvement
  5 29 with child care.  The action may be instituted by the state,
  5 30 the county attorney, a political subdivision of the state, or
  5 31 an interested person.
  5 32    Sec. 17.  Section 237A.21, subsection 1, Code 2007, is
  5 33 amended to read as follows:
  5 34    1.  A state child care advisory council is established
  5 35 consisting of not more than thirty=five members from urban and
  6  1 rural areas across the state.  The membership shall include,
  6  2 but is not limited to, all of the following persons or
  6  3 representatives with an interest in child care:  a licensed
  6  4 center provider, a registered child development home provider
  6  5 from a county with a population of less than twenty=two
  6  6 thousand, an unregistered child care home provider, a parent
  6  7 of a child in child care, staff members of appropriate
  6  8 governmental agencies, and other members as deemed necessary
  6  9 by the director.  The members are eligible for reimbursement
  6 10 of their actual and necessary expenses while engaged in
  6 11 performance of their official duties.
  6 12    Sec. 18.  Section 237A.21, subsection 3, paragraph e, Code
  6 13 2007, is amended by striking the paragraph.
  6 14    Sec. 19.  Section 237A.26, subsection 3, paragraph a, Code
  6 15 2007, is amended to read as follows:
  6 16    a.  Organize assistance to child care homes and child
  6 17 development homes utilizing training levels based upon the
  6 18 homes' degrees of experience and interest.
  6 19    Sec. 20.  Section 237A.26, subsection 8, Code 2007, is
  6 20 amended to read as follows:
  6 21    8.  For purposes of improving the quality and consistency
  6 22 of data collection, consultation, and other support to child
  6 23 care home and child development home providers, a resource and
  6 24 referral services agency grantee shall coordinate and assist
  6 25 with publicly and privately funded efforts administered at the
  6 26 community level to provide the support.  The support and
  6 27 efforts addressed by a grantee may include but are not limited
  6 28 to community=funded child care home and child development home
  6 29 consultants.  Community members involved with the assistance
  6 30 may include but are not limited to the efforts of a community
  6 31 empowerment area board under chapter 28, and of community
  6 32 representatives of education, health, human services,
  6 33 business, faith, and public interests.
  6 34    Sec. 21.  Section 237A.3, Code 2007, is repealed.
  6 35                           EXPLANATION
  7  1    This bill relates to child care regulated by the department
  7  2 of human services under Code chapter 237A by requiring
  7  3 registration or licensing of child care providers and making
  7  4 penalties applicable.
  7  5    The bill amends Code section 237A.1, providing definitions,
  7  6 to define the term "relative" to mean an adult person who is,
  7  7 or was at any time, one of a child's relatives that is listed
  7  8 in the bill, by means of blood relationship, marriage, or
  7  9 adoption, or is a spouse of one of the relatives listed in the
  7 10 bill.  The list of relatives includes siblings, grandparents,
  7 11 cousins, aunts, and uncles.
  7 12    Under current law in Code section 237A.3, a person or
  7 13 program providing child care to five children or fewer at any
  7 14 one time is a child care home provider and is not required to
  7 15 register under Code section 237A.3A as a child development
  7 16 home.  The bill repeals Code section 237A.3 and revises the
  7 17 definition of registered child development home to mean care
  7 18 provided to one or more children.  The bill provides an
  7 19 exemption to the registration requirement for a relative who
  7 20 provides child care to only related children or a person
  7 21 providing child care to only children from a single unrelated
  7 22 family.
  7 23    Code section 237A.5 provisions relating to criminal and
  7 24 abuse record checks of child care providers are amended to
  7 25 eliminate references to the term "child care home" while
  7 26 maintaining requirements for persons who are not required to
  7 27 register or license under Code chapter 237A but receive public
  7 28 funding for providing child care or individuals who live with
  7 29 such persons.  Conforming amendments are included to eliminate
  7 30 the term "child care home" throughout the Code.
  7 31    Code section 237A.13, relating to the state child care
  7 32 assistance program, is amended to provide that care under the
  7 33 program must be provided by a licensed or registered provider
  7 34 unless specifically exempt under the child care definition.
  7 35    Code section 237A.19 provides for a simple misdemeanor
  8  1 penalty for each day of violation of operating a child
  8  2 development home without registering.  With the bill's change
  8  3 in the number of children receiving child care from a child
  8  4 development home, this penalty would apply to a person
  8  5 providing care to one or more children without registering as
  8  6 a child development home provider.  The penalty in Code
  8  7 section 237A.19 for a person operating a child care home or
  8  8 having involvement with child care when prohibited is stricken
  8  9 and the involvement penalty in the stricken subsection is
  8 10 moved by the bill to a different subsection.
  8 11    Code section 237A.21, relating to the state child care
  8 12 advisory council, is amended to remove child care home
  8 13 providers from the required membership.
  8 14 LSB 2242HH 82
  8 15 jp:nh/gg/14