H.F. 2305 Section 1. DEPARTMENT OF HEALTH AND HUMAN SERVICES —— FLEX 1 CARE. 2 1. The department of health and human services is directed 3 to amend its administrative rules pursuant to chapter 17A to 4 provide that employees of a child care center who are sixteen 5 years of age or older may, without additional supervision, 6 provide flex care to children up to five years of age. 7 2. For purposes of this section: 8 a. “Child care” means the same as defined in section 237A.1. 9 b. “Child care center” means the same as defined in section 10 237A.1. 11 c. “Flex care” means child care provided during designated 12 nap hours and during brief periods when a child care center 13 employee who is eighteen years of age or older is not present 14 to provide supervision. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill requires the department of health and human 19 services to amend its administrative rules to provide that 20 employees of a child care center who are 16 years of age or 21 older may, without additional supervision, provide flex care to 22 children up to five years of age. 23 “Child care” means the care, supervision, and guidance of 24 a child by a person other than the child’s parent, guardian, 25 or custodian for periods of less than 24 hours per day per 26 child on a regular basis, with certain exceptions. “Child care 27 center” means a facility providing child care or preschool 28 services for seven or more children, except when the facility 29 is registered as a child development home. “Flex care” means 30 child care provided during designated nap hours and during 31 brief periods when a child care center employee who is 18 years 32 of age or older is not present to provide supervision. 33 -1- LSB 5755HV (2) 90 dg/ko 1/ 1