Reference is to Printer's Date 4/10/14--H.
Amend the bill, as and if amended, by adding appropriately numbered SECTIONS to read:
/ SECTION __. Section 63-13-80(A) of the 1976 Code is amended to read:
"(A) In exercising
the powers of licensing, approving, renewing, revoking, or
making provisional licenses and approvals, the department shall
investigate and inspect licensees and approved operators and
applicants for a license or an approval. The authorized
representative of the department may visit a childcare
or group childcare home, or
family childcare home anytime during the hours of operation
without prior notice once a year for purposes of
investigations and inspections. In conducting investigations and
inspections, the department may call on political subdivisions
and governmental agencies for appropriate assistance within
their authorized fields. The inspection of the health and fire
safety of childcare centers and group childcare homes must be
completed upon the request of the department by the appropriate
agencies (i.e., Department of Health and Environmental Control,
the Office of the State Fire Marshal, or local authorities).
Inspection reports completed by state agencies and local
authorities must be furnished to the department and become a
part of its determination of conformity for licensing and
approval. After careful consideration of the reports and
consultation where necessary, the department shall assume
responsibility for the final determination of licensing,
approving, renewing, revoking, or making provisional licenses
and approvals. However, upon receipt of a regulatory
complaint, the department shall conduct an unannounced
inspection of the facility to investigate the complaint. If the
complaint is written, the department shall provide a copy to the
director upon request."
SECTION __. Section 63-13-840 of the 1976 Code is amended to read:
department shall visit the facility when concerns are expressed
by the community regarding the health and safety of the
children, child abuse, or enrollment beyond the limits set forth
in this chapter.
(B) If the concern is in
regard to the health and safety of the children, the department
may call on other appropriate agencies (i.e., State Department
of Health and Environmental Control, Office of the State Fire
Marshal) as necessary to conduct an inspection.
If the concern a complaint received by
the department concerning a family childcare home pursuant to
Section 63-13-80 indicates that the child has been abused,
the department shall carry out its responsibility as authorized
under Chapter 7. (D) If the visits and
inspections verify conditions detrimental to the health and
safety of the children or overenrollment, the department shall
carry out its responsibility as authorized by Section 63-13-160
and Section 63-13-830(C).
SECTION __. Article 3, Chapter 13, Title 63 of the 1976 Code is amended by adding:
"Section 63-13-470. A regular license or regular approval issued by the department to the childcare center is valid for two years from the initial date of issuance, unless revoked by the department or voluntarily surrendered by the director; provided, however, that a change in location, ownership, or sponsorship of the facility automatically shall void the license or approval. After the center has been in business for two years, the renewal license is valid for three years from the date of issuance."
SECTION __. Section 63-13-830(E) of the 1976 Code is amended to read:
department may withdraw the statement of registration if
one or more of the following apply:
the health and safety of
the children require withdrawal;
the facility has enrolled
children beyond the limits defined in this chapter;
the operator fails to comply with
the registration procedures provided in this chapter."
SECTION __. Section 63-13-830 of the 1976 Code is amended by adding a new subsection to read:
"(F) If the department determines the health or safety of children placed in the facility is at risk or that the facility has enrolled children beyond the limits defined in this chapter, the department shall either withdraw the statement of registration or require the family childcare home to meet the requirements for licensure and regulation or group childcare homes pursuant to Article 3 of this chapter."
SECTION __. Section 63-13-850(A) of the 1976 Code is amended to read:
"(A) A registrant whose statement of registration has been withdrawn by the department or who is required to meet the requirements for licensure and regulation or group childcare homes pursuant to Section 63-13-830(F) must be given written notice by certified or registered mail. The notice must contain the reasons for the proposed action and must inform the registrant of the right to appeal the decision to the director or his designee in writing within thirty calendar days after the receipt of the notice. Upon receiving a written appeal the director or his designee shall give the registrant reasonable notice and an opportunity for a prompt hearing before the director or his designee. On the basis of the evidence adduced at the hearing, the director or his designee shall make the final decision of the department as to whether the statement of registration must be withdrawn or must meet the requirements for licensure and regulation of group childcare homes, as applicable. If no written appeal is made, the statement of registration must be withdrawn or the childcare center operator must comply with group childcare home licensure or regulations or regulatory requirements as of the termination of the thirty-day period." /
Renumber sections to conform.
Amend title to conform.