HB2451 - 552R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 36-883, Arizona Revised Statutes, is amended to read:

START_STATUTE36-883. Standards of care; rules; classifications

A. The director of the department of health services shall prescribe reasonable rules regarding the health, safety and well-being of the children to be cared for in a child care facility. These rules shall include standards for the following:

1. Adequate physical facilities for the care of children, such as building construction, fire protection, sanitation, sleeping facilities, isolation facilities, toilet facilities, heating, ventilation, indoor and outdoor activity areas and, if provided by the facility, transportation safely to and from the premises.

2. Adequate staffing per number and age groups of children by persons who are qualified by education or experience to meet their respective responsibilities in the care of children. for the purposes of any ratio of staff members to children, a person whether paid or unpaid who is at least eighteen years of age and who has a high school diploma or a certificate of high school equivalency shall be considered a staff member.

3. Activities, toys and equipment to enhance the development of each child.

4. Nutritious and well-balanced food.

5. Encouragement of parental participation.

6. Exclusion of any person from the facility whose presence may be detrimental to the welfare of children.

B. The department shall adopt rules pursuant to title 41, chapter 6 and section 36-115.

C. Any rule that relates to educational activities, physical examination, medical treatment or immunization shall include appropriate exemptions for children whose parents object on the ground that it conflicts with the tenets and practices of a recognized church or religious denomination of which the parent or child is an adherent or member.

D. The department of health services shall conduct a comprehensive review of its rules at least once every two years. Before conducting this review, the department shall consult with agencies and organizations that are knowledgeable about the provision of child care facilities to children, including:

1. The department of economic security.

2. The department of education.

3. The office of the state fire marshal.

4. The league of Arizona cities and towns.

5. Citizen groups.

6. Licensed child care facility representatives.

7. The department of child safety.

E. The department shall designate appropriate classifications and establish corresponding standards pertaining to the type of care offered. These classifications shall include:

1. Facilities offering infant care.

2. Facilities offering specific educational programs.

3. Facilities offering evening and nighttime care.

F. Rules for the operation of child care facilities shall be stated in a way that clearly states the purpose of each rule. END_STATUTE

Sec. 2. Section 36-883.05, Arizona Revised Statutes, is amended to read:

START_STATUTE36-883.05. Child care facilities; infants; floor bedding; requirements; emergency evacuation; notice; definitions

A. A child care facility that provides child care services utilizing the practice of a documented educational philosophy including least restrictive environment for infants and meets the requirements of this section may use floor bedding in the facility instead of cribs.

B. Floor bedding pursuant to subsection A of this section must meet all of the following requirements:

1. Be a mat that meets the following dimensions:

(a) Is not less than two inches and not more than three inches thick.

(b) Is not less than three feet and not more than four feet long.

2. Not be elevated or raised in any way.

3. Be covered with a waterproof and washable mattress pad, a washable zip cover and an individually assigned sheet.

4. Be assigned to an individual infant and not shared with another infant.

5. Be turned over at least once a week.

6. Be placed at least eighteen inches apart, eighteen inches from any wall and two feet from any other object.

7. Be placed on a floor that is vacuumed and sanitized every day and, if the floor is carpeted, is shampooed at least twice a month.

C. The ratio of staff members to resting infants in the resting area must be at least one staff member to every four infants. A staff member in the resting area must be supervised for the first ninety days of employment to ensure the staff member's proper use of the floor bedding pursuant to this section. Any staff member in the resting area shall have current certification in cardiopulmonary resuscitation and first aid.

D. If an emergency requiring evacuation occurs, the infant nursery staff shall place the infants in an evacuation crib and move the infants in the crib to a designated evacuation assembly area. Evacuation cribs must be stored not more than ten feet from the exterior exit. If stored on the outside of the building, an evacuation crib must be protected from weather. On arrival at the designated evacuation assembly area, all infants must be physically accounted for against the sign-in log and the results reported to the director of the child care facility immediately. The infant nursery supervisor is responsible for bringing all attendance sheets, child rosters and information sheets to the evacuation assembly area. The child care facility staff shall take appropriate supplies during the evacuation to protect the children, if possible, during inclement weather.

E. A facility shall provide the department written notice thirty days before implementing the use of floor bedding pursuant to this section.

F. If a licensed facility does not comply with the requirements of this section, the department may require the installation of cribs.

G. For the purposes of this section:

1. "Infant" means either:

(a) A child who is twelve months or younger.

(b) A child who is eighteen months or younger if not walking.

2. "Resting area" means a space within the classroom that is separate from the activity area and that contains only the floor bedding, infants and staff members.

3. "Staff member" means, for the purposes of the ratio of staff members to resting infants, a person whether paid or unpaid who is at least eighteen years of age and who has a high school diploma or a certificate of high school equivalency. END_STATUTE

Sec. 3. Section 41-1967.01, Arizona Revised Statutes, is amended to read:

START_STATUTE41-1967.01. Child care home provider; registration; fingerprints; definition

A. A child care home provider who receives compensation to care for four or fewer children and who has not been certified by the department of economic security pursuant to section 46-807 or licensed or certified by the department of health services pursuant to section 36-883 or 36-897.01 shall register with the department of economic security if the child care home provider wishes to be listed with the child care resource and referral system.

B. Each applicant for registration shall submit a full set of fingerprints to the department of public safety for the purpose of obtaining a state and federal criminal records check pursuant to section 41-1750 and Public Law 92-544. The department of public safety may exchange this fingerprint data with the federal bureau of investigation.

C. Child care providers shall have a valid fingerprint clearance card issued pursuant to section 41-1758.07 before being registered with the department or residing in a setting that is certified or licensed by the department.

D. By the date of registration, child care providers shall certify on forms that are provided by the department and notarized whether:

1. They are awaiting trial on or have been convicted of or admitted committing any of the criminal offenses listed in section 41-1758.07, subsection B or C in this state or similar offenses in another state or jurisdiction.

2. They are parents or guardians of a child adjudicated to be a dependent child as defined in section 8-201.

3. They have been denied a license to operate a child care facility for cause in this state or another state or had a license or certificate to operate a child care facility revoked.

E. The notarized forms are confidential.

F. Each applicant for registration shall not have been the subject of an investigation in which a report of child abuse or neglect has been substantiated.

G. Each applicant shall maintain current training and certification in first aid and infant and child cardiopulmonary resuscitation.

H. The applicant shall enclose any pool on the applicant's premises pursuant to section 36-1681, subsections A, B and C.

I. The applicant shall separately store firearms and ammunition under lock and key or a combination lock.

J. The department shall adopt rules to carry out this section. for the purposes of any ratio of staff members to children, a person whether paid or unpaid who is at least eighteen years of age and who has a high school diploma or a certificate of high school equivalency shall be considered a staff member.

K. The director shall charge a fee for processing the fingerprint information required pursuant to this section.

L. Any obligation or liability under this section is governed by section 41-1967, subsections F, G and H.

M. For the purposes of this section, "child care provider" means a registered child care home provider pursuant to subsection A of this section and any person who is eighteen years of age or older and who works or resides in the home of a child care home provider. END_STATUTE

Sec. 4. Section 46-809, Arizona Revised Statutes, is amended to read:

START_STATUTE46-809. Rules

The department shall adopt rules it deems reasonable or necessary to implement child care services and to further the objectives of this article. Rules adopted by the department shall:

1. Include:

1. (a) Criteria for making child care assistance eligibility determinations.

2. (b) Criteria for certifying child care home and in-home providers.

3. (c) Criteria for operating child care resource and referral services and for suspending and terminating referrals to participating child care providers pursuant to section 41-1967.

2. for the purposes of the ratio of staff members to children, specify that a person whether paid or unpaid who is at least eighteen years of age and who has a high school diploma or a certificate of high school equivalency shall be considered a staff member. END_STATUTE