Text: HSB608            Text: HSB610


House Study Bill 609

HOUSE FILE BY (PROPOSED COMMITTEE ON COMMERCE BILL BY CHAIRPERSON COWNIE) A BILL FOR 1 An Act relating to the registration of child care homes and 2 including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5030YC (4) 85 ad/nh PAG LIN 1 1 Section 1. Section 135.173A, subsection 4, paragraph e, 1 2 Code 2014, is amended by striking the paragraph. 1 3 Sec. 2. Section 135.173A, subsection 4, paragraph f, Code 1 4 2014, is amended to read as follows: 1 5 f. Three Four child development home providers. 1 6 Sec. 3. Section 142D.2, subsection 13, Code 2014, is amended 1 7 to read as follows: 1 8 13. "Place of employment" means an area under the control of 1 9 an employer and includes all areas that an employee frequents 1 10 during the course of employment or volunteering, including but 1 11 not limited to work areas, private offices, conference and 1 12 meeting rooms, classrooms, auditoriums, employee lounges and 1 13 cafeterias, hallways, medical facilities, restrooms, elevators, 1 14 stairways and stairwells, and vehicles owned, leased, or 1 15 provided by the employer unless otherwise provided under this 1 16 chapter. "Place of employment" does not include a private 1 17 residence, unless the private residence is used as a child 1 18 care facility, a child care home, or as a health care provider 1 19 location. 1 20 Sec. 4. Section 142D.2, subsection 16, paragraphs t and u, 1 21 Code 2014, are amended to read as follows: 1 22 t. Private residences only when used as a child care 1 23 facility, a child care home, or health care provider location. 1 24 u. Child care facilities and child care homes. 1 25 Sec. 5. Section 142D.4, subsection 1, Code 2014, is amended 1 26 to read as follows: 1 27 1. Private residences, unless used as a child care facility, 1 28 child care home, or a health care provider location. 1 29 Sec. 6. Section 237.1, subsection 4, paragraph d, Code 2014, 1 30 is amended to read as follows: 1 31 d. Child care furnished by a child care center, or a child 1 32 development home, or a child care home as defined in section 1 33 237A.1. 1 34 Sec. 7. Section 237A.1, subsection 3, unnumbered paragraph 1 35 1, Code 2014, is amended to read as follows: 2 1 "Child care" means the care, supervision, and guidance of 2 2 a child by a person other than the child's parent, guardian, 2 3 grandparent, relative within the fourth degree of consanguinity 2 4 to the child, or custodian for periods of less than twenty=four 2 5 hours per day per child on a regular basis, but does not 2 6 include care, supervision, and guidance of a child by any of 2 7 the following: 2 8 Sec. 8. Section 237A.1, subsection 6, Code 2014, is amended 2 9 by striking the subsection. 2 10 Sec. 9. Section 237A.1, subsection 7, Code 2014, is amended 2 11 to read as follows: 2 12 7. "Child development home" means a person or program 2 13 registered under section 237A.3A that may provide child care to 2 14 six one or more children at any one time. 2 15 Sec. 10. Section 237A.1, subsection 11, Code 2014, is 2 16 amended to read as follows: 2 17 11. "Involvement with child care" means licensed or 2 18 registered under this chapter, employed in a child care 2 19 facility, residing in a child care facility, receiving public 2 20 funding for providing child care, or providing child care as a 2 21 child care home provider, or residing in a child care home with 2 22 a person receiving public funding for providing child care in 2 23 the person's home. 2 24 Sec. 11. Section 237A.3B, Code 2014, is amended to read as 2 25 follows: 2 26 237A.3B Smoking prohibited. 2 27 Smoking, as defined in section 142D.2, shall not be 2 28 permitted in a child care facility or child care home. 2 29 Sec. 12. Section 237A.5, subsection 2, paragraph a, 2 30 subparagraph (1), subparagraph division (e), Code 2014, is 2 31 amended by striking the subparagraph division. 2 32 Sec. 13. Section 237A.5, subsection 2, paragraph b, Code 2 33 2014, is amended to read as follows: 2 34 b. If an individual person subject to a record check is 2 35 being considered for employment by a child care facility or 3 1 child care home provider, in lieu of requesting a record 3 2 check in this state to be conducted by the department under 3 3 paragraph "c", the child care facility or child care home may 3 4 access the single contact repository established pursuant to 3 5 section 135C.33 as necessary to conduct a criminal and child 3 6 abuse record check of the individual in this state. A copy of 3 7 the results of the record check conducted through the single 3 8 contact repository shall also be provided to the department. 3 9 If the record check indicates the individual is a person 3 10 subject to an evaluation, the child care facility or child care 3 11 home may request that the department perform an evaluation as 3 12 provided in this subsection. Otherwise, the individual shall 3 13 not be employed by the child care facility or child care home. 3 14 Sec. 14. Section 237A.5, subsection 2, paragraph d, 3 15 subparagraph (2), Code 2014, is amended to read as follows: 3 16 (2) Except as otherwise provided by law, the cost of a 3 17 national criminal history check conducted in accordance with 3 18 subparagraph (1) and the state record checks conducted in 3 19 accordance with paragraph "c" that are conducted in connection 3 20 with a person's involvement with a child care center are not 3 21 the responsibility of the department. The department is 3 22 responsible for the cost of such checks conducted in connection 3 23 with a person's involvement with a child development home or 3 24 child care home. 3 25 Sec. 15. Section 237A.5, subsection 2, paragraph e, 3 26 subparagraph (2), Code 2014, is amended to read as follows: 3 27 (2) Prior to performing an evaluation, the department 3 28 shall notify the affected person, licensee, or registrant, or 3 29 child care home applying for or receiving public funding for 3 30 providing child care, that an evaluation will be conducted to 3 31 determine whether prohibition of the person's involvement with 3 32 child care is warranted. 3 33 Sec. 16. Section 237A.5, subsection 2, paragraph g, 3 34 unnumbered paragraph 1, Code 2014, is amended to read as 3 35 follows: 4 1 A person subject to a record check who is or was employed 4 2 by a child care facility or child care home provider and 4 3 is hired by another child care facility or child care home 4 4 provider shall be subject to a record check in accordance 4 5 with this subsection. However, if the person was subject 4 6 to an evaluation because of a transgression in the person's 4 7 record and the evaluation determined that the transgression 4 8 did not warrant prohibition of the person's involvement 4 9 with child care and the latest record checks do not indicate 4 10 there is a transgression that was committed subsequent to 4 11 that evaluation, the person may commence employment with the 4 12 other child care facility or provider in accordance with the 4 13 department's evaluation and an exemption from any requirements 4 14 for reevaluation of the latest record checks is authorized. 4 15 Authorization of an exemption under this paragraph "g" from 4 16 requirements for reevaluation of the latest record checks by 4 17 the department is subject to all of the following provisions: 4 18 Sec. 17. Section 237A.5, subsection 2, paragraph i, 4 19 subparagraph (2), Code 2014, is amended to read as follows: 4 20 (2) If, within five years prior to the date of application 4 21 for registration or licensure under this chapter, for 4 22 employment or residence in a child care facility or child care 4 23 home, or for receipt of public funding for providing child 4 24 care, a person subject to an evaluation has been convicted of 4 25 a controlled substance offense under chapter 124 or has been 4 26 found to have committed physical abuse, the person shall be 4 27 prohibited from involvement with child care for a period of 4 28 five years from the date of conviction or founded abuse. After 4 29 the five=year prohibition period, the person may submit an 4 30 application for registration or licensure under this chapter, 4 31 or to receive public funding for providing child care or may 4 32 request an evaluation, and the department shall perform an 4 33 evaluation and, based upon the criteria in paragraph "h", shall 4 34 determine whether prohibition of the person's involvement with 4 35 child care continues to be warranted. 5 1 Sec. 18. Section 237A.5, subsection 2, paragraph k, Code 5 2 2014, is amended to read as follows: 5 3 k. If it has been determined that a child receiving child 5 4 care from a child care facility or a child care home is the 5 5 victim of founded child abuse committed by an employee, 5 6 license or registration holder, child care home provider 5 7 person who receives public funding for providing child care or 5 8 an individual residing with that person, or resident of the 5 9 child care facility or child care home for which a report is 5 10 placed in the central registry pursuant to section 232.71D, 5 11 the administrator shall provide notification at the time of 5 12 the determination to the parents, guardians, and custodians of 5 13 children receiving care from the child care facility or child 5 14 care home. A notification made under this paragraph shall 5 15 identify the type of abuse but shall not identify the victim or 5 16 perpetrator or circumstances of the founded abuse. 5 17 Sec. 19. Section 237A.12, subsection 1, paragraph c, Code 5 18 2014, is amended to read as follows: 5 19 c. The adequacy of activity programs and food services 5 20 available to the children. The department shall not restrict 5 21 the use of or apply nutritional standards to a lunch or other 5 22 meal which is brought to the center, or child development 5 23 home, or child care home by a school=age child for the child's 5 24 consumption. 5 25 Sec. 20. Section 237A.13, subsection 2, Code 2014, is 5 26 amended to read as follows: 5 27 2. Services under the program may be provided in by a 5 28 licensed child care center, a registered child development 5 29 home, the home of a relative, the child's own home, a 5 30 child care home, or in a facility exempt from licensing or 5 31 registration. 5 32 Sec. 21. Section 237A.19, subsections 2 and 3, Code 2014, 5 33 are amended to read as follows: 5 34 2. If registration is required under section 237A.3A, a A 5 35 person who establishes, conducts, manages, or operates a child 6 1 development home without registering or a person who operates 6 2 a child development home contrary to section 237A.5, commits 6 3 a simple misdemeanor. Each day of continuing violation after 6 4 conviction, or notice from the department by certified mail of 6 5 the violation, is a separate offense. A single charge alleging 6 6 continuing violation may be made in lieu of filing charges for 6 7 each day of violation. 6 8 3. A person who establishes, conducts, manages, or operates 6 9 a child care home in violation of section 237A.3, subsection 6 10 2, or a person or program that has been prohibited by the 6 11 department from involvement with child care but continues 6 12 that involvement commits a simple misdemeanor. Each day of 6 13 continuing violation after conviction, or notice from the 6 14 department by certified mail of the violation, is a separate 6 15 offense. A single charge alleging continuing violation may be 6 16 made in lieu of filing charges for each day of violation. 6 17 Sec. 22. Section 237A.20, Code 2014, is amended to read as 6 18 follows: 6 19 237A.20 Injunction. 6 20 A person who establishes, conducts, manages, or operates a 6 21 center without a license or a child development home without a 6 22 certificate of registration, if registration is required under 6 23 section 237A.3A, may be restrained by temporary or permanent 6 24 injunction. A person who has been convicted of a crime against 6 25 a person, a person with a record of founded child abuse, 6 26 or a person who has been prohibited by the department from 6 27 involvement with child care may be restrained by temporary or 6 28 permanent injunction from providing unregistered, registered, 6 29 or licensed any child care or from other involvement with 6 30 child care. The action may be instituted by the state, the 6 31 county attorney, a political subdivision of the state, or an 6 32 interested person. 6 33 Sec. 23. Section 237A.26, subsection 3, paragraph a, Code 6 34 2014, is amended to read as follows: 6 35 a. Organize assistance to child care homes and child care 7 1 facilities utilizing training levels based upon the child care 7 2 providers' degrees of experience and interest. 7 3 Sec. 24. Section 237A.26, subsection 8, Code 2014, is 7 4 amended to read as follows: 7 5 8. For purposes of improving the quality and consistency 7 6 of data collection, consultation, and other support to child 7 7 care home and child development home providers, a resource and 7 8 referral services agency grantee shall coordinate and assist 7 9 with publicly and privately funded efforts administered at 7 10 the community level to provide the support. The support and 7 11 efforts addressed by a grantee may include but are not limited 7 12 to community=funded child care home and child development home 7 13 consultants. Community members involved with the assistance 7 14 may include but are not limited to the efforts of an early 7 15 childhood Iowa area board under chapter 256I, and of community 7 16 representatives of education, health, human services, business, 7 17 faith, and public interests. 7 18 Sec. 25. REPEAL. Section 237A.3, Code 2014, is repealed. 7 19 Sec. 26. EFFECTIVE DATE. This Act takes effect January 1, 7 20 2015. 7 21 Sec. 27. IMPLEMENTATION. The department of human services 7 22 shall adopt rules to facilitate full implementation of this Act 7 23 by January 1, 2015. 7 24 EXPLANATION 7 25 The inclusion of this explanation does not constitute agreement with 7 26 the explanation's substance by the members of the general assembly. 7 27 This bill requires registration of all child care homes. 7 28 Currently, a child care home can operate with five or fewer 7 29 children without registering with the department of human 7 30 services. The bill eliminates references to child care homes, 7 31 replacing that term with the term "child development home", as 7 32 amended by the bill, which means a person or program registered 7 33 to provide child care for one or more children at any time. 7 34 The bill does provide an exception from the registration 7 35 requirement for a person who provides care to one or more 8 1 children for whom the person is a grandparent or other relative 8 2 within the fourth degree of consanguinity to the child. The 8 3 bill makes conforming changes. 8 4 The bill takes effect January 1, 2015, and the department 8 5 of human services shall adopt rules to facilitate full 8 6 implementation of the bill by January 1, 2015. LSB 5030YC (4) 85 ad/nh
Text: HSB608            Text: HSB610