ARIZONA HOUSE OF REPRESENTATIVES

Fifty-sixth Legislature

First Regular Session

 

HB 2227: child care monies; eligible organizations

S/E: eligible organizations; registration; childcare monies

Sponsor: Representative Gress, LD 4

Committee on Health & Human Services

 

Summary of the Strike-Everything Amendment to HB 2227

Overview

Exempts out-of-school time program providers (OST Providers) from licensure if they meet certain criteria and allows the Arizona Department of Health Services (DHS) to register OST Providers who are licensure exempt and seek to receive child care assistance through Child Care Development Fund (CCDF) monies received by the state. Requires the Arizona Department of Economic Security (DES), with approval from the federal government, to amend its CCDF Plan to allow OST Providers that meet specific criteria to receive child care assistance through monies received by the CCDF.

History

CCDF monies provide services that improve and increase the quality and availability of early childhood education and child care before-and-after school care services. The CCDF Plan is written and approved on a triennial basis. The plan covers a three-year timeframe from the federal fiscal year (FFY) it is initially approved. The CCDF Plan is the application for CCDF funds and provides information on the Lead Agency's child care program and all services available to eligible families. DES serves as the Lead Agency to administer the CCDF program (45 C.F.R. § 98.14(d)).

Substantial changes to the CCDF Plan require an amendment to be approved pursuant to federal law (45 C.F.R. 98.18(b)). The law outlines procedures and timeframes for submitting an amendment to the CCDF Plan. Information on the CCDF Plan FFY 2022 through 2024 Amendment can be found here.

According to the Centers for Disease Control and Prevention (CDC), Out of School Time is a supervised program that youth attend regularly when school is not in session, including before-and-after school programs on a school campus or facilities such as academic programs, specialty programs and multipurpose programs. 

Provisions

1.   Exempts OST Providers from licensure if they meet the following requirements:

a)   operates primarily after school, before school or in the summer or at times when school is not normally in session;

b)   serves only school-age children;

c)   is organized to promote expanded childhood learning, enrichment, child and youth development or educational, recreational or character-building activities;

d)   adopts standards for the program that at a minimum include maximum staff-to-youth ratios, staff training, applicable state and local health and safety standards and mechanisms for assessing and enforcing the program's compliance with the standards; and

e)   conducts state and national annual criminal background checks, sex offender registry checks and child abuse and neglect registry checks for all employees, board members and volunteers who work with children. (Sec. 2)

2.   Allows DHS to register OST Providers who are exempt from licensure and seek to receive child care assistance through CCDF monies received by the state and meet all of the following:

a)   is in compliance with health and safety requirements established by the provider's national governing board;

b)   conducts programs or portions of programs that operate primarily during times when school is not normally in session;

c)   serves only school-age children;

d)   is organized to promote expanded childhood learning, enrichment, child and youth development and other specified activities;

e)   adopts standards for its programs that, at a minimum, include at least one youth development per twenty youth, staff training, applicable state and local health and safety standards and mechanisms for assessing and enforcing the program's compliance with the standards;

f) conducts state and national annual criminal background checks, sex offender registry and child abuse and neglect registry checks for all board members, employees and volunteers who work with children and make decisions based on the outcomes of those checks;

g)   requires fingerprint clearance cards for all employees and volunteers working at the out-of-school time program;

h)   regularly trains all employees in cardiopulmonary resuscitation and first aid;

i)   requires that all of its employees are mandated child abuse reporters;

j)   maintains health and safety policies and procedures for specified purposes;

k)   obtains and maintains children's records, consistent with the provider's confidentiality policies that contains certain information;

l)   maintains, for each organization operating a program, comprehensive, general liability and sexual misconduct insurance, each with a minimum policy limit of $1,000,000 per occurrence and $3,000,000 aggregate; and

m) has not had a child care facility license either denied in the preceding 12 months or revoked in the preceding five years. (Sec. 3)

3.   Directs each registered OST Provider to file with DHS the most current health and safety requirements established by their national governing board. (Sec. 3)

4.   Allows DHS or its designee to visit and inspect a registered OST Provider during its hours of operation to determine if they are complying with statutory requirements and any applicable health and safety standards established by DHS. (Sec. 3)

5.   Requires DHS to make at least one unannounced visit annually. (Sec. 3)

6.   Permits DHS to deny, suspend or revoke a registration for a violation or any applicable health and safety standards established by DHS for OST Providers serving school-age children. (Sec. 3)

7.   Specifies that at least 30 days before DHS denies, suspends or revokes a registration, they must mail the applicant or registered OST Provider a notice of their right to a hearing.          (Sec. 3)

8.   Requires DHS to issue the notice by registered mail with return receipt requested and the notice must state the hearing date and facts constituting the reasons for DHS's action and cite the specific statute or rule the OST Provider is violating. (Sec. 3)

9.   Specifies that if the registered OST Providers does not respond to he written notice, DHS, at the expiration of the time fixed in the notice must take the action prescribed in the notice.   (Sec. 3)

10.  Stipulates that if the OST Provider, within the period fixed in the notice, conforms the application or operation to the applicable statute or rule, DHS may grant the registration or withdraw the notice of suspension or revocation. (Sec. 3)

11.  Adds that each registered OST Provider must comply with:

a)   applicable health and safety standards established by DHS; and

b)   any state tracking and reporting system required to receive child care assistance through CCDF monies. (Sec. 3)

12.  Modifies the definition of child care personnel and child care providers to include OST Providers that are registered with DHS. (Sec. 1, 4)

13.  ☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal NoteAs session law, directs DES to amend its CCDF Plan, with federal government approval, to allow OST Providers that meet specific criteria to receive child care assistance through CCDF that the state receives. (Sec. 5)

14.  Makes technical and conforming changes. (Sec. 2, 4)

 

 

 

---------- DOCUMENT FOOTER ---------

                        HB 2227

Initials AG       Page 0 Health & Human Services

 

---------- DOCUMENT FOOTER ---------