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 supervision, providing for notification of child care closure and for notification of child care closure.

PRIOR PRINTER'S NO. 3376 PRINTER'S NO. 3691
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2492
Session of
2026
INTRODUCED BY DAVIDSON, McNEILL, GUZMAN, MAYES, SHUSTERMAN,
SANCHEZ, NEILSON, POWELL, WAXMAN, HILL-EVANS, D. WILLIAMS,
DOUGHERTY, PASHINSKI, CEPEDA-FREYTIZ, DIAMOND AND FLEMING,
MAY 6, 2026
AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF
REPRESENTATIVES, AS AMENDED, JUNE 24, 2026
AN ACT
Amending the act of June 13, 1967 (P.L.31, No.21), entitled "An
act to consolidate, editorially revise, and codify the public
welfare laws of the Commonwealth," in departmental powers and
duties as to licensing, providing for power of department to
require insurance and SUPERVISION, PROVIDING FOR NOTIFICATION
OF CHILD CARE CLOSURE; AND, IN DEPARTMENTAL POWERS AS TO
LICENSING, PROVIDING for notification of child care closure.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 13, 1967 (P.L.31, No.21), known
as the Human Services Code, is amended by adding a section to
read:
Section 1004. Power of Department to Require Insurance.--The
department may, as to a child care center, prescribe, by
regulation or order, such requirements as it may deem necessary
to ensure that a child care center is able to operate for the
period under section 1090, including the filing of surety bonds,
the carrying of insurance or a requirement to hold financial
reserves. A child care center shall hold coverage or reserves in
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such amounts as the department may prescribe, but not less than
an amount to cover thirty days of operations, including wages
and other operating costs.
SECTION 912. NOTIFICATION OF CHILD CARE CLOSURE.--(A) A
CHILDREN'S INSTITUTION THAT PROVIDES CHILD CARE THAT INTENDS TO
CLOSE OR CEASE ITS OPERATIONS SHALL PROVIDE NOTIFICATION IN
WRITING TO THE DEPARTMENT, EMPLOYES AND PARENTS AND GUARDIANS OF
CHILDREN IN THE CARE OF THE INSTITUTION NO LESS THAN THIRTY
DAYS PRIOR TO THE ANTICIPATED CLOSING. THE NOTICE SHALL INCLUDE
A PLAN FOR THE STORAGE AND PRESERVATION OF ALL REQUIRED RECORDS.
(B) T HIS SECTION DOES NOT APPLY IF THE REASON FOR THE
CLOSURE IS A DISASTER EMERGENCY, AS DECLARED BY THE GOVERNOR
UNDER SECTION 20 OF ARTICLE IV OF THE CONSTITUTION OF
PENNSYLVANIA, OR AN EMERGENCY REMOVAL ACTION ISSUED BY THE
DEPARTMENT.
Section 2. Article X of the act is amended by adding a
subarticle to read:
(e) Miscellaneous Provisions
Section 1091. Notification of Child Care Closure.--(a) A
child care center or family child care home that intends to
close or cease its operations shall provide notification in
writing to the department, employees and parents and guardians
of children in the care of the child care center or family child
care home no less than thirty days prior to the anticipated
closing. The notice shall include a plan for the storage and
preservation of all required records.
(b) If a child care center or family child care home
violates subsection (a), the child care center or family child
care home shall be liable to a parent or guardian of a child in
its care for child care expenses or lost wages incurred during
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each day of the violation.
(c) (B) This section does not apply if the reason for the
closure is a disaster emergency, as declared by the Governor
under section 20 of Article IV of the Constitution of
Pennsylvania , OR AN EMERGENCY REMOVAL ACTION ISSUED BY THE
DEPARTMENT .
Section 3. This act shall take effect in 60 days.
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