83(R) - 2013
Relating to the regulation of certain child-care facilities and administrators of those facilities.
Estimated Two-year Net Impact to General Revenue Related Funds for SB427, As Introduced: a negative impact of ($217,674) through the biennium ending August 31, 2015.
Summary: SB 427 would amend law relating to certain child-care facilities and administrators. SB 427 would:
- Require a licensed day care center or group day care home to be subject to unannounced inspections on a biennial basis, instead of on the usual annual basis, if such a center has a history of substantial compliance with minimum licensing standards.
- Allow the Department of Family and Protective Services (department) to impose an administrative penalty prior to a non-monetary administrative sanction on child care facilities and family homes if they fail to submit a timely criminal background check, knowingly allowing a person whose background has not been checked or has a criminal background to be present in a facility or family home, or violating a restriction the department places on a person’s presence at a facility while they are undergoing a background check.
- Increase requirements for licensing child-care administrators of general residential operations and child placing agency administrators, such as the provision of a complete set of fingerprints and successful passage of the department’s minimum requirements for criminal history and background checks.
- Require child care and child placing agency administrators to provide information for the department's use in conducting criminal history and background checks, including finger prints, for license renewal.
- Increase the criteria the department can use to revoke, suspend, or refuse a license.
Analysis: SB 427 would increase the stringency of the licensing process for child care and child placing administrators, such as by requiring fingerprints of administrator applicants so their backgrounds can be checked by the Federal Bureau of Investigation. Currently, fingerprints can be required for background checks and SB 427 expressly states that they can be used. SB 427's provisions that require administrative penalties be imposed prior to non-monetary sanctions on facilities for violations are to provide a deterrent for facilities that break department laws, such as knowingly allowing a person with a certain criminal background to be on a facility's premises. SB 427 loosens regulation for licensed facilities that have a good history of compliance by requiring they be inspected on a biennial basis instead of on an annual basis.
SB 427 makes certain regulations in law more stringent while loosening other regulations. We are neutral on this legislation.