HB 1022 — An Act amending the act of June 13, 1967 (P.L.31, No.21), known as the Human Services Code, in departmental powers and duties as to licensing, further providing for refusal to issue license, revocation and notice; and imposing penalties.

PRINTER'S NO.     1102

                     THE GENERAL ASSEMBLY OF PENNSYLVANIA



                         HOUSE BILL
                         No. 1022
                                               Session of
                                                 2025

     INTRODUCED BY KAZEEM, SANCHEZ, GIRAL, HILL-EVANS, CEPEDA-
        FREYTIZ, HANBIDGE, FLEMING, DALEY, CIRESI, OTTEN, GREEN AND
        CURRY, MARCH 24, 2025

     REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 24, 2025


                                    AN ACT
 1   Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
 2      act to consolidate, editorially revise, and codify the public
 3      welfare laws of the Commonwealth," in departmental powers and
 4      duties as to licensing, further providing for refusal to
 5      issue license, revocation and notice; and imposing penalties.
 6      The General Assembly of the Commonwealth of Pennsylvania
 7   hereby enacts as follows:
 8      Section 1.    Section 1026(b) and (c) of the act of June 13,
 9   1967 (P.L.31, No.21), known as the Human Services Code, are
10   amended and the section is amended by adding a subsection to
11   read:
12      Section 1026.    Refusal to Issue License; Revocation;
13   Notice.--* * *
14      (b)   The department shall refuse to issue a license [or],
15   shall revoke a license, shall impose penalties or shall mandate
16   corrective actions for any of the following reasons:
17      (1)   Violation of or non-compliance with the provisions of
18   this act or of regulations pursuant thereto;
19      (2)   Fraud or deceit in obtaining or attempting to obtain a
 1   license;
 2      (3)     Lending, borrowing or using the license of another, or
 3   in any way knowingly aiding or abetting the improper granting of
 4   a license;
 5      (4)     Gross incompetence, negligence or misconduct in
 6   operating the facility;
 7      (5)     Mistreating or abusing individuals cared for in the
 8   facility[.];
 9      (6)     More than three violations of a child's specific rights
10   as enumerated in 55 Pa. Code § 3800.32 (relating to specific
11   rights);
12      (7)     A violation on the use of restraints as enumerated in
13   55 Pa. Code § 3800.202 (relating to appropriate use of
14   restrictive procedures);
15      (8)     A violation of the staff hiring, training and
16   supervising requirements under 55 Pa. Code § 3800.51 (relating
17   to child abuse and criminal history checks), 3800.52 (relating
18   to staff hiring, retention and utilization), 3800.53 (relating
19   to director), 3800.54 (relating to child care supervisor),
20   3800.55 (relating to child care worker), 3800.56 (relating to
21   exceptions for staff qualifications), 3800.57 (relating to
22   supervision) or 3800.58 (relating to staff training); or
23      (9)     A violation of the requirement to provide a Department
24   of Education-approved school program or an educational program
25   under contract with a local public school district in accordance
26   with 55 Pa. Code § 3800.229 (relating to education).
27      (b.1)     In addition to refusing to issue a license or revoking
28   a license, penalties and corrective actions may include imposing
29   fines on a facility or mandating disciplinary procedures against
30   a staff member responsible for a violation.

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1      (c)   Whenever the department revokes or refuses to issue a
2   license, imposes penalties or mandates corrective actions, it
3   shall give written notice thereof by certified mail. Such notice
4   shall specify the reason for the refusal or revocation.
5      Section 2.   This act shall take effect in 60 days.




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