Bill Text: DE HB444 | 2009-2010 | 145th General Assembly | Draft

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Bill Title: An Act To Amend Title 31 Of The Delaware Code Relating To Child Care.

Spectrum: Moderate Partisan Bill (Democrat 6-1)

Status: (Introduced - Dead) 2010-06-09 - Amendment HA 1 - Introduced and Placed With Bill [HB444 Detail]

Download: Delaware-2009-HB444-Draft.html

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SPONSOR:	Rep. D.E. Williams & Sen. Katz
	Reps. Gilligan, Hudson, Keeley, B. Short; Sen. Ennis

HOUSE OF REPRESENTATIVES

145th GENERAL ASSEMBLY

HOUSE BILL NO. 444

AN ACT TO AMEND TITLE 31 OF THE DELAWARE CODE RELATING TO CHILD CARE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1.Amend §345 of Title 31 of the Delaware Code by deleting §345 in its entirety and substituting in lieu thereof the following:

"§345.Penalties for violations.

(a)The Office of Child Care Licensing may impose civil money penalties for the violation of provisions of this subchapter or any regulations adopted pursuant to it. A licensee or other person is liable for a civil penalty of not more than $100.

(b)In determining the amount of the penalty to be assessed under subsection (a) of this section, the Office of Child Care Licensing shall consider:

(1)The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation and the hazard or potential hazard created by the violation to the health or safety of a child or children;

(2)The history of violations committed by the person or the licensee, person, person's affiliate(s), employee(s), or controlling person(s);

(3)The efforts made by the licensee or person to correct the violation(s);

(4)The culpability of the licensee, person or persons who committed the violation(s);

(5)A misrepresentation made to the Office of Child Care Licensing or to another person regarding:

a. The quality of services provided by the licensee or person;

b. The compliance history of the licensee or person; or

c. The identity of an owner or controlling person of the licensed facility or person providing child care; and

(6)Any other matter that affects the health, safety or welfare of a child or children.

(c)For all violations that do not constitute imminent danger or a serious threat to the health and safety of a child, but do violate this subchapter or the regulations adopted pursuant to it, the maximum civil penalty shall be $50 per violation. Violations in this category include, but are not limited to, the following:

(1)Making a false statement that the person knows or should know is false, about a material fact:

a.On an application for issuance or renewal of a license or any document attached thereto; or

b.With respect to a matter under investigation by the Office of Child Care Licensing;

(2)Refusing to allow a representative of the Office of Child Care Licensing to inspect without notice at any time:

a.Any portion of the premises of a licensee; or

b.Any documents, records, or files required to be maintained by a licensee or person;

(3)Willfully interfering with the work of a representative of the Office of Child Care Licensing or with the enforcement of this chapter; or

(4)Willfully interfering with the preservation of evidence of a violation of this subchapter or regulation pursuant to it.

(d)In determining the amount of the penalty to be assessed under subsection (c) of this section, the Office of Child Care Licensing shall consider the same six factors outlined in subsection (b)(1)-(6) of this section.

(e)Each day of a continuing violation constitutes a separate violation.However, no penalty for a violation that may constitute imminent danger may exceed $25 per day beyond the initial day.No penalty for a violation that does not constitute imminent danger shall exceed $12.50 per day beyond the initial day.".

Section 2.Amend Title 31 of the Delaware Code by adding a new §346 as follows:

"§346.Waiver of penalty if first time violation(s) corrected.

(a)The Office of Child Care Licensing may waive a civil penalty for a first-time violation that does not constitute a threat to the health or safety of a child or substantially limit the licensee or person's capacity to provide care. The Office of Child Care Licensing shall assess the amount of the penalty but notify the licensee or person that the penalty will be waived if the violation is corrected within 30 days or a shorter time period if the facts so warrant.

(b)The licensee or person that corrects a violation under subsection (a) of this section must maintain that correction. If the licensee or person fails to maintain a correction, the Office of Child Care Licensing shall, in accordance with §345 of this title, consider the licensee's or person's history of violations in determining the amount of the penalty to be assessed. If the licensee or person fails to maintain a correction until at least one year from the date the correction was made, the Office of Child Care Licensing may assess a penalty equal to 3 times the amount of the original penalty assessed but not collected under subsection (a) of this section, notwithstanding any other provision of this subchapter.".

SYNOPSIS

This Bill imposes a fee structure for the violation of providing daycare services without a license. In addition this bill provides enhanced penalty structures for licensed child care providers who fail to cooperate with corrective action plans.