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ARIZONA HOUSE OF REPRESENTATIVESFifty-sixth Legislature First Regular Session |
House: HHS DPA/SE 7-2-0-0 | 3rd Read 36-24-0-0 |
HB 2227: eligible organizations; registration; childcare monies
Sponsor: Representative Gress, LD 4
House Engrossed
Overview
Allows the Arizona Department of Health Services (DHS) to register out-of-school time program (OST) providers who meet the child care facility licensure exemption requirements, seek to receive child care assistance through Child Care Development Fund (CCDF) monies and meet other specified criteria. 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 CCDF monies.
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)). Each federal fiscal year, DES must pay at least 33% of the total amount of CCDF monies for tiered reimbursement of child care providers that meet accreditation from a national organization or a state-approved quality indicator that is recognized by DES (A.R.S. § 46-805).
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.
The National AfterSchool Association (NAA) fosters development, provides education and encourages advocacy for the OST community. The NAA partners with state affiliates to promote quality afterschool programs and professional development (NAA).
Provisions
OST Provider Registration
1. Exempts OST providers from child care facility licensure if they meet the following requirements:
a) operates primarily during 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 an OST provider that is exempt from child care facility licensure, has a national governing board or accreditation from the NAA state affiliate that has been in existence for at least five years and seek to receive child care assistance through CCDF monies received by the state if it meets all of the following:
a) is in compliance with health and safety requirements established by the provider's national governing board or the NAA state affiliate;
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 or educational, recreational or character-building activities;
e) adopts standards for its programs that, at a minimum, include at least one OST provider staff member per 20 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, adult protective services registry checks, sex offender registry checks and child abuse and neglect registry checks for all board members, employees and volunteers who work with children and make screening and hiring decisions based on the outcomes of those checks;
g) requires Level 1 fingerprint clearance cards for all employees and volunteers working at the OST 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 provider 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.
As 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 monies that the
state receives. (Sec. 5)
DHS OST Provider Administration, Registration and Inspection Requirements
4. Specifies that if there is a conflict with DHS's applicable health and safety standards, DHS must conduct an internal review process and consult with the registered OST provider to ensure substantial compliance with those health and safety standards. (Sec. 3)
5. Directs each registered OST provider to file with DHS the most current health and safety requirements established by their national governing board or the NAA state affiliate. (Sec. 3)
6. Directs DHS to establish qualifications and training standards for OST providers staff after consulting with the NAA state affiliate regarding quality standards developed for school-age OST programs and reviewing OST professional development frameworks and quality tools. (Sec. 3)
7. Outlines qualifications and training standards that OST providers must ensure for their Director, their Director's designee and staff. (Sec. 3)
8. 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)
9. Requires OST providers to conspicuously post a notice that reads "A registered licensed exempt OST provider is not a licensed childcare facility. To report a complaint, please contact DHS". (Sec. 3)
10. Allows DHS or its designee to visit and inspect a registered OST provider during its hours of operation to determine if the provider is complying with statutorily prescribed requirements and any applicable health and safety standards established by DHS for OST providers serving school-age children. (Sec. 3)
11. Requires DHS to make at least one unannounced visit annually. (Sec. 3)
12. Allows DHS to establish a fee determined by the DHS Director for OST provider registrations and adopt rules for implementation. (Sec. 3)
OST Provider Registration Denial, Suspension and Revocation
13. Permits DHS to deny, suspend or revoke a registration for a violation of the statutorily prescribed requirements for OST providers or any applicable health and safety standards established by DHS for OST providers serving school-age children. (Sec. 3)
14. Specifies that at least 30 days before DHS denies, suspends or revokes a registration, DHS must mail the applicant or registered OST provider a notice of their right to a hearing. (Sec. 3)
15. 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)
16. Specifies that if a registered OST providers does not respond to the written notice, DHS, at the expiration of the time fixed in the notice must take the action prescribed in the notice. (Sec. 3)
17. 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)
Miscellaneous
18. Modifies the definition of child care personnel to include any employee or volunteer working at a registered OST provider and applies the fingerprinting requirements to OST provider employees and volunteers. (Sec. 1)
19. Modifies the definition of child care providers to include OST providers that are registered with DHS. (Sec. 4)
20. Makes technical and conforming changes. (Sec. 1, 2, 4)
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24. HB 2227
25. Initials AG Page 0 House Engrossed
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