Senate File 66 - Introduced



                                       SENATE FILE       
                                       BY  McCOY

                                       (COMPANION TO HF 15
                                        BY PETERSEN)


    Passed Senate,  Date               Passed House, 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 1079SS 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 1079SS 82
  2 13 jp:nh/sh/8