Bill Text: PA HB1785 | 2011-2012 | Regular Session | Introduced

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Bill Title: Providing for dangerous child day-care facilities; and conferring powers and duties on the Department of Public Welfare and law enforcement agencies.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2011-07-18 - Referred to CHILDREN AND YOUTH [HB1785 Detail]

Download: Pennsylvania-2011-HB1785-Introduced.html

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PRINTER'S NO. 2288
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 1785 Session of2011
INTRODUCED BY YOUNGBLOOD, BISHOP, CALTAGIRONE, CRUZ, MURT AND M. O'BRIEN, JULY 18, 2011
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JULY 18, 2011
AN ACT
Providing for dangerous child day-care facilities; and
conferring powers and duties on the Department of Public
Welfare and law enforcement agencies.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Dangerous
Child Day-Care Facilities Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Child day care." Care in lieu of parental care given for
part of a 24-hour day to a child under 16 years of age, away
from the child's home. The term does not include care in lieu of
parental care given to a child under 16 years of age in a place
of worship during religious services.
"Child day-care center." Any premises in which child day
care is provided simultaneously for seven or more children who
are not relatives of the operator.
"Department." The Department of Public Welfare of the
Commonwealth.
"Facility." Any of the following:
(1) Child day-care center.
(2) Family day-care home.
"Family day-care home." A home in which child day care is
provided at any one time to four, five or six children who are
not relatives of the operator.
Section 3. Dangerous facilities.
(a) Department responsibility.--If the department finds that
conditions exist which pose an immediate and serious threat to
health, safety or well-being of children being cared for in a
facility, the department shall immediately issue a temporary
order to the facility which shall remain in effect pending the
outcome of a hearing under subsection (d) and, if necessary,
ensure the safe removal of the children from the facility. If
the temporary order specifies that the facility shall be closed,
the department shall inform the parent or other person
responsible for each child present at the facility of the
emergency closure and removal. Department staff shall remain at
the facility until each child is released to the child's parent
or with the department's approval is taken to another safe
location. The following apply:
(1) The temporary order shall specify that the facility
shall be closed or that specific conditions must be remedied
as a condition of continued operation.
(2) The temporary order shall specify all conditions
that shall be immediately remedied by the facility.
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(3) The temporary order shall specify the date and time
of any required action or closure of the facility.
(4) The temporary order shall specify the appeal rights
of the facility.
(b) Corrective action.--Immediately following the issuance
of a temporary order under subsection (a) and until the hearing
under subsection (d), the department shall monitor the
facility's compliance with the temporary order.
(c) Law enforcement assistance.--The department may request
and shall receive assistance from law enforcement officials
whenever necessary to implement an order issued under this
section.
(d) Hearings.--Within seven business days of the issuance of
a temporary order under subsection (a), the department shall
schedule an administrative hearing. If the hearing examiner
rules that there was a violation of a statute or regulation
which posed an immediate and serious threat to health, safety or
well-being of the children being cared for in the facility, the
hearing examiner shall order continued compliance with the
temporary order, issue a new order or order the facility closed
until the conclusion of a certificate revocation procedure. The
decision of the hearing examiner shall be rendered the next
business day after the hearing.
(e) Certificate revocation.--Within three business days of
an order of closure under subsection (d), the department may
initiate certificate revocation proceedings under the act of
June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code,
against the licensee or holder of a certificate of the facility.
(f) Supersedeas.--The appeal of an emergency order issued
under this section shall be deemed an application for a
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supersedeas which shall be granted only if all of the following
apply:
(1) There is substantial likelihood of success on
appeal.
(2) Continued operation of the facility pending appeal
will not jeopardize the life, health or safety of children
being cared for in a facility.
(g) Other emergency action.--Nothing in this section shall
preclude the department from closing or taking other emergency
action under section 1080 of the Public Welfare Code or as
otherwise provided by law with regard to a facility regulated by
the department.
Section 4. Regulations.
The department shall promulgate regulations to administer
this act.
Section 20. Effective date.
This act shall take effect in 60 days.
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