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House File 2301 - IntroducedA Bill ForAn Act 1relating to unlicensed and unregistered child care
2facilities exceeding the maximum number of children
3authorized to be in care.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 237A.4A, subsection 5, Code 2020, is
2amended to read as follows:
35. A child care facility fund is created in the state
4treasury under the authority of the department. The fund is
5separate from the general fund of the state. Regulatory fees
6collected under subsection 1 and administrative penalties
7assessed pursuant to section 237A.9 shall be credited to
8the fund. Moneys credited to the fund shall not revert to
9any other fund and are not subject to transfer except as
10specifically provided by law. Notwithstanding section 12C.7,
11subsection 2, interest or earnings on moneys deposited in
12the fund shall be credited to the fund. Moneys in the fund
13are annually appropriated to the department to be used for
14staffing dedicated to monitoring and regulation of child
15care facilities, contracting, related technology costs,
16record checks, grants and fee waivers, and other expenses
17for inspection and regulation of child care facilities. Any
18full-time equivalent positions paid for out of the fund shall
19be in addition to other such positions authorized for the
20department.
21 Sec. 2. NEW SECTION. 237A.9 Administrative penalty.
221. The department shall establish by rule, in accordance
23with chapter 17A, an administrative penalty to be assessed
24against an unlicensed or unregistered child care facility not
25to exceed five hundred dollars per child exceeding the maximum
26number of children authorized to be in care at an unlicensed
27or unregistered child care facility. If a child care facility
28completes licensing or registration within ninety days of the
29determination of a violation and is in compliance with the
30limits on the maximum number of children authorized to be in
31care at an unlicensed or unregistered child care facility, the
32department shall not impose an administrative penalty.
332. Administrative penalties collected by the department
34under this section shall be deposited in the child care
35facility fund created pursuant to section 237A.4A, subsection
-1-15.
2 Sec. 3. Section 237A.25, subsection 3, Code 2020, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0d. Reporting information for an individual
5with concerns regarding an unlicensed or unregistered child
6care facility exceeding the maximum number of children
7allowed to be in care at the facility and information that the
8department will investigate all complaints in a timely manner.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to unlicensed and unregistered child care
13facilities exceeding the maximum number of children authorized
14to be in care and establishing administrative penalties.
15The bill provides that the department of human services
16shall establish by rule an administrative penalty to be
17assessed against an unlicensed or unregistered child care
18facility not to exceed $500 per child exceeding the maximum
19number of children authorized to be in care at the child care
20facility.
21The bill provides that if a child care facility completes
22licensing or registration within 90 days of the determination
23of a violation and is in compliance with the limits on the
24maximum number of children authorized to be in care at the
25facility, the department shall not impose an administrative
26penalty.
27The bill provides that administrative penalties collected by
28the department shall be deposited in the child care facility
29fund created pursuant to Code section 237A.4A.
30The bill requires that the department shall include on its
31internet page or site reporting information for an individual
32with concerns regarding an unlicensed or unregistered child
33care facility exceeding the maximum number of children
34allowed to be in care at the facility and information that the
35department will investigate all complaints in a timely manner.
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2facilities exceeding the maximum number of children
3authorized to be in care.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 237A.4A, subsection 5, Code 2020, is
2amended to read as follows:
35. A child care facility fund is created in the state
4treasury under the authority of the department. The fund is
5separate from the general fund of the state. Regulatory fees
6collected under subsection 1 and administrative penalties
7assessed pursuant to section 237A.9 shall be credited to
8the fund. Moneys credited to the fund shall not revert to
9any other fund and are not subject to transfer except as
10specifically provided by law. Notwithstanding section 12C.7,
11subsection 2, interest or earnings on moneys deposited in
12the fund shall be credited to the fund. Moneys in the fund
13are annually appropriated to the department to be used for
14staffing dedicated to monitoring and regulation of child
15care facilities, contracting, related technology costs,
16record checks, grants and fee waivers, and other expenses
17for inspection and regulation of child care facilities. Any
18full-time equivalent positions paid for out of the fund shall
19be in addition to other such positions authorized for the
20department.
21 Sec. 2. NEW SECTION. 237A.9 Administrative penalty.
221. The department shall establish by rule, in accordance
23with chapter 17A, an administrative penalty to be assessed
24against an unlicensed or unregistered child care facility not
25to exceed five hundred dollars per child exceeding the maximum
26number of children authorized to be in care at an unlicensed
27or unregistered child care facility. If a child care facility
28completes licensing or registration within ninety days of the
29determination of a violation and is in compliance with the
30limits on the maximum number of children authorized to be in
31care at an unlicensed or unregistered child care facility, the
32department shall not impose an administrative penalty.
332. Administrative penalties collected by the department
34under this section shall be deposited in the child care
35facility fund created pursuant to section 237A.4A, subsection
-1-15.
2 Sec. 3. Section 237A.25, subsection 3, Code 2020, is amended
3by adding the following new paragraph:
4 NEW PARAGRAPH. 0d. Reporting information for an individual
5with concerns regarding an unlicensed or unregistered child
6care facility exceeding the maximum number of children
7allowed to be in care at the facility and information that the
8department will investigate all complaints in a timely manner.
9EXPLANATION
10The inclusion of this explanation does not constitute agreement with
11the explanation’s substance by the members of the general assembly.
12This bill relates to unlicensed and unregistered child care
13facilities exceeding the maximum number of children authorized
14to be in care and establishing administrative penalties.
15The bill provides that the department of human services
16shall establish by rule an administrative penalty to be
17assessed against an unlicensed or unregistered child care
18facility not to exceed $500 per child exceeding the maximum
19number of children authorized to be in care at the child care
20facility.
21The bill provides that if a child care facility completes
22licensing or registration within 90 days of the determination
23of a violation and is in compliance with the limits on the
24maximum number of children authorized to be in care at the
25facility, the department shall not impose an administrative
26penalty.
27The bill provides that administrative penalties collected by
28the department shall be deposited in the child care facility
29fund created pursuant to Code section 237A.4A.
30The bill requires that the department shall include on its
31internet page or site reporting information for an individual
32with concerns regarding an unlicensed or unregistered child
33care facility exceeding the maximum number of children
34allowed to be in care at the facility and information that the
35department will investigate all complaints in a timely manner.
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