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PRIOR PRINTER'S NO. 1787 PRINTER'S NO. 1865
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 1372
Session of
2026
INTRODUCED BY BROOKS, GEBHARD, ARGALL, PHILLIPS-HILL,
LANGERHOLC, HUTCHINSON, COLEMAN, J. WARD AND VOGEL,
JUNE 8, 2026
AS AMENDED ON THIRD CONSIDERATION, JUNE 29, 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 supervision, providing for annual report. IN
GENERAL POWERS AND DUTIES OF THE DEPARTMENT OF HUMAN
SERVICES, PROVIDING FOR ANNUAL REPORT OF CHILDREN FACILITIES
AND PAYMENTS; IN CHILDREN AND YOUTH, PROVIDING FOR CARBON
MONOXIDE ALARM STANDARDS IN CHILD CARE FACILITIES; AND, IN
DEPARTMENTAL POWERS AND DUTIES AS TO LICENSING, FURTHER
PROVIDING FOR RIGHT TO ENTER AND INSPECT.
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
SECTIONS to read:
Section 912. Annual Report 217. ANNUAL REPORT OF CHILDREN
FACILITIES AND PAYMENTS .-- (a) The department shall prepare an
annual report summarizing the department's inspection,
investigation and enforcement activities relating to child care
centers, group child care homes, family child care homes and
child residential and day treatment facilities regulated by the
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department under this article ARTICLE IX OR X .
(b) At a minimum, the report shall include all of the
following:
(1) The number of inspections conducted under 55 Pa. Code
Chs. 3270 (relating to child care centers), 3280 (relating to
group child care homes), 3290 (relating to family child care
homes) and 3800 (relating to child residential and day treatment
facilities).
(2) The number and types of violations identified.
(1) THE NUMBER OF INSPECTIONS OF THE FACILITIES IDENTIFIED
IN SUBSECTION (A) CONDUCTED DURING THE PRECEDING FISCAL YEAR.
(2) A COPY OF EACH AGGREGATE STATE IMPROPER PAYMENTS REPORT
AND STATE IMPROPER PAYMENTS CORRECTIVE ACTION PLAN REQUIRED TO
BE SUBMITTED BY THE DEPARTMENT UNDER 45 CFR PT. 98 SUBPT. K
(RELATING TO ERROR RATE REPORTING).
(3) The number and types of enforcement actions taken,
including enforcement actions taken against a facility operating
without a license required by this act OR APPROVAL , operating
after refusal, nonrenewal or revocation of the facility's
license OR APPROVAL, or operating in violation of an injunction
or other process restraining or prohibiting operation. The
information under this clause shall be disaggregated by
Statewide and by region as administered by the department for
licensure and inspection. THE DEPARTMENT SHALL DISAGGREGATE THE
INFORMATION UNDER THIS CLAUSE BY EACH REGION AND SHALL INCLUDE
STATEWIDE TOTALS.
(4) The number of complaints received and investigations
initiated FOR THE FACILITIES IDENTIFIED IN SUBSECTION (A) .
(5) A summary of taxpayer-funded child care payments made
under 55 Pa. Code Ch. 168 (relating to child care) and, to the
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extent information is available to the department, verification
activities, improper payments identified and amounts recouped.
(5) A SUMMARY OF ANNUAL SUBSIDIZED CHILD CARE PAYMENTS
ADMINISTERED BY THE DEPARTMENT AND, TO THE EXTENT INFORMATION IS
AVAILABLE TO THE DEPARTMENT, AGGREGATE VERIFICATION ACTIVITIES,
IMPROPER PAYMENTS IDENTIFIED AND AMOUNTS RECOUPED.
(c) The report shall COVER THE PRECEDING FISCAL YEAR AND , to
the extent applicable, separately identify annual inspections,
complaint investigations UNDER SUBSECTION (B)(4) and other
monitoring or partial inspections.
(d) The department shall post the report on the publicly
accessible Internet website of the department and shall submit
the report on or before January 1 of each year to all of the
following:
(1) The chairperson and minority chairperson of the Health
and Human Services Committee of the Senate.
(2) The chairperson and minority chairperson of the Human
Services Committee of the House of Representatives.
(3) The chairperson and minority chairperson of the Aging
and Youth Committee of the Senate.
(4) The chairperson and minority chairperson of the Aging
and Older Adult Services CHILDREN AND YOUTH Committee of the
House of Representatives.
SECTION 709.5. CARBON MONOXIDE ALARM STANDARDS IN CHILD CARE
FACILITIES.-- (A) EACH BUILDING IN WHICH A CHILD CARE FACILITY
IS IN OPERATION , WHICH USES A FOSSIL-FUEL-BURNING HEATER OR
APPLIANCE, FIREPLACE OR AN ATTACHED GARAGE, MUST HAVE AN
OPERATIONAL, CENTRALLY LOCATED AND APPROVED CARBON MONOXIDE
ALARM INSTALLED IN THE VICINITY OF THE FOSSIL-FUEL-BURNING
HEATER OR FIREPLACE AND IN EVERY UNIT THAT IS LOCATED ON THE
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SAME STORY AS THE FOSSIL-FUEL-BURNING HEATER OR APPLIANCE WITHIN
EIGHTEEN MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
(B) EXCEPT AS PROVIDED UNDER SUBSECTION (C), THE DEPARTMENT
MAY NOT ISSUE OR RENEW A LICENSE FOR A CHILD CARE FACILITY
SUPERVISED OR LICENSED UNDER ARTICLE IX OR X IF THE CHILD CARE
FACILITY FAILS TO MEET THE REQUIREMENTS UNDER SUBSECTION (A).
(C) IF A CHILD CARE FACILITY LICENSED UNDER ARTICLE X IS NOT
IN COMPLIANCE WITH THE REQUIREMENTS OF SUBSECTION (A), THE
DEPARTMENT MAY ISSUE A PROVISIONAL LICENSE IN ACCORDANCE WITH
SECTION 1008.
(D) NOTHING IN THIS SECTION IS INTENDED TO MODIFY THE
AUTHORITY AND RESPONSIBILITIES OF THE DEPARTMENT OF LABOR AND
INDUSTRY UNDER THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45),
KNOWN AS THE "PENNSYLVANIA CONSTRUCTION CODE ACT."
(E) AS USED IN THIS SECTION, THE FOLLOWING WORDS AND PHRASES
SHALL HAVE THE MEANINGS GIVEN TO THEM IN THIS SUBSECTION UNLESS
THE CONTEXT CLEARLY INDICATES OTHERWISE:
"APPROVED CARBON MONOXIDE ALARM" INCLUDES:
(1) A SINGLE OR MULTIPLE STATION CARBON MONOXIDE ALARM
LISTED AS COMPLYING WITH THE STANDARD FOR SINGLE AND MULTIPLE
STATION CARBON MONOXIDE ALARMS (ANSI/UL2034) OR A CARBON
MONOXIDE DETECTOR LISTED AS COMPLYING WITH THE STANDARD FOR GAS
AND VAPOR DETECTORS AND SENSORS (ANSI/UL2075) INSTALLED IN
ACCORDANCE WITH THIS SECTION.
(2) A DEVICE THAT MAY BE COMBINED WITH A SMOKE ALARM OR
SMOKE DETECTOR IF THE COMBINED SMOKE ALARM OR SMOKE DETECTOR
MEETS ALL OF THE FOLLOWING:
(I) COMPLIES WITH EITHER OF THE FOLLOWING:
(A) THE STANDARD FOR SINGLE AND MULTIPLE STATION CARBON
MONOXIDE ALARMS (ANSI/UL2034) FOR CARBON MONOXIDE ALARMS AND THE
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STANDARD FOR SINGLE AND MULTIPLE STATION SMOKE ALARMS
(ANSI/UL217) FOR SMOKE ALARMS.
(B) THE STANDARD FOR GAS AND VAPOR DETECTORS AND SENSORS
(ANSI/UL2075) FOR CARBON MONOXIDE DETECTORS AND THE STANDARD FOR
SAFETY FOR SMOKE DETECTORS FOR FIRE ALARM SYSTEMS (ANSI/UL268)
FOR SMOKE DETECTORS.
(II) EMITS AN ALARM IN A MANNER THAT CLEARLY DIFFERENTIATES
BETWEEN DETECTING THE PRESENCE OF CARBON MONOXIDE AND THE
PRESENCE OF SMOKE.
(3) A CARBON MONOXIDE DETECTION SYSTEM THAT INCLUDES CARBON
MONOXIDE DETECTORS AND AUDIBLE NOTIFICATION APPLIANCES THAT ARE
INSTALLED AND MAINTAINED IN ACCORDANCE WITH THE NATIONAL FIRE
ALARM AND SIGNALING CODE (NFPA 72) AND THE STANDARD FOR THE
INSTALLATION OF CARBON MONOXIDE (CO) DETECTION AND WARNING
EQUIPMENT (NFPA 720) AND ARE IN COMPLIANCE WITH THE STANDARD FOR
GAS AND VAPOR DETECTORS AND SENSORS (ANSI/UL2075).
"CHILD CARE" MEANS CARE IN LIEU OF PARENTAL CARE GIVEN FOR
PART OF THE DAY TO A CHILD UNDER SIXTEEN YEARS OF AGE AWAY FROM
THEIR OWN HOME. THE TERM DOES NOT INCLUDE CHILD CARE FURNISHED
IN PLACES OF WORSHIP DURING RELIGIOUS SERVICES.
"CHILD CARE FACILITY" MEANS ANY OF THE FOLLOWING:
(1) A PREMISES IN WHICH CHILD CARE IS PROVIDED FOR A PERIOD
EXCEEDING TWENTY-FOUR HOURS FOR A CHILD UNDER SIXTEEN YEARS OF
AGE WHO IS NOT A RELATIVE OF THE OPERATOR AND WHO IS NOT
ACCOMPANIED BY A PARENT, INDIVIDUAL STANDING IN LOCO PARENTIS OR
LEGAL GUARDIAN. FOR PURPOSES OF THIS CLAUSE, THE TERM DOES NOT
INCLUDE A PREMISES SELECTED FOR CARE OF A CHILD BY A PARENT,
INDIVIDUAL STANDING IN LOCO PARENTIS OR LEGAL GUARDIAN FOR A
PERIOD OF THIRTY DAYS OR LESS OR A FACILITY OPERATED UNDER
SOCIAL SERVICE AUSPICES.
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(2) A PREMISES IN WHICH CHILD CARE IS PROVIDED
SIMULTANEOUSLY FOR SEVEN OR MORE CHILDREN WHO ARE NOT RELATIVES
OF THE OPERATOR, EXCEPT A FACILITY OPERATED UNDER SOCIAL SERVICE
AUSPICES.
(3) A HOME WHERE CHILD CARE IS PROVIDED AT ANY TIME TO NO
LESS THAN FOUR CHILDREN AND NO MORE THAN SIX CHILDREN WHO ARE
NOT RELATIVES OF THE CAREGIVER.
(4) A NURSERY SCHOOL THAT IS LICENSED AND REGULATED BY THE
COMMONWEALTH.
"FOSSIL FUEL" MEANS COAL, KEROSENE, OIL, WOOD, FUEL GASES AND
OTHER PETROLEUM OR HYDROCARBON PRODUCTS WHICH EMIT CARBON
MONOXIDE AS A BY-PRODUCT OF COMBUSTION.
"INSTALLED" MEANS A CARBON MONOXIDE ALARM THAT IS HARDWIRED
INTO THE ELECTRICAL WIRING, DIRECTLY PLUGGED INTO AN ELECTRICAL
OUTLET WITHOUT A SWITCH, OTHER THAN A CIRCUIT BREAKER, OR, IF
THE ALARM IS BATTERY-POWERED, ATTACHED TO THE WALL OR CEILING OF
A UNIT OF A CHILD CARE FACILITY, IN ACCORDANCE WITH THE STANDARD
FOR THE INSTALLATION OF CARBON MONOXIDE (CO) DETECTION AND
WARNING EQUIPMENT (NFPA 720).
"OPERATIONAL" MEANS WORKING AND IN SERVICE.
"UNIT" MEANS A ROOM OR SUITE OF TWO OR MORE ROOMS THAT IS
OCCUPIED AS A RESIDENCE, INTENDED OR DESIGNED TO BE OCCUPIED AS
A RESIDENCE, OR IS OCCUPIED BY A CLIENT OF A CHILD CARE
FACILITY.
SECTION 2. SECTION 1016(C)(1) AND (2) OF THE ACT ARE AMENDED
TO READ:
SECTION 1016. RIGHT TO ENTER AND INSPECT.--* * *
(C) ALL CHILD CARE CENTERS AND FAMILY CHILD CARE HOMES SHALL
HAVE A FIRE DETECTION DEVICE OR SYSTEM THAT IS OPERABLE AND
PROPERLY MAINTAINED AT ALL TIMES IN COMPLIANCE WITH THE ACT OF
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APRIL 27, 1927 (P.L.465, NO.299), REFERRED TO AS THE "FIRE AND
PANIC ACT," THE ACT OF NOVEMBER 10, 1999 (P.L.491, NO.45), KNOWN
AS THE "PENNSYLVANIA CONSTRUCTION CODE ACT," AND APPLICABLE
REGULATIONS. THE FOLLOWING SHALL APPLY:
(1) TO VERIFY OPERABILITY, A CHILD CARE CENTER OR A FAMILY
CHILD CARE HOME SHALL MANUALLY TEST ALL FIRE DETECTION DEVICES
OR SYSTEMS AT LEAST ONCE [EVERY THIRTY DAYS] A MONTH AND SHALL
MAINTAIN A WRITTEN RECORD OF THE TESTING WITH THE FACILITY'S
FIRE DRILL LOGS. OPERABILITY SHALL ALSO BE DEMONSTRATED DURING
THE DEPARTMENT'S ANNUAL INSPECTION.
(2) IF A FIRE DETECTION DEVICE OR SYSTEM CANNOT BE TESTED
[EVERY THIRTY DAYS] ONCE A MONTH, THE CHILD CARE CENTER OR
FAMILY CHILD CARE HOME SHALL HAVE THE DEVICE OR SYSTEM TESTED AT
LEAST ANNUALLY BY A FIRE SAFETY PROFESSIONAL AND SHALL MAINTAIN
WRITTEN DOCUMENTATION OF THE TEST RESULTS WITH THE FACILITY'S
FIRE DRILL LOGS. THE DOCUMENTATION SHALL BE ON THE FIRE SAFETY
PROFESSIONAL'S LETTERHEAD.
* * *
Section 2 3. This act shall take effect in 60 days. AS
FOLLOWS:
(1) THE ADDITION OF SECTION 709.5 OF THE ACT SHALL TAKE
EFFECT IN 90 DAYS.
(2) THE REMAINDER OF THIS ACT SHALL TAKE EFFECT IN 60
DAYS.
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