Anthony DeJuan Boatwright Act

Mr. Speaker, back home in Augusta, Georgia, there's a little 9-year old boy by the name of Anthony DeJuan Boatwright, who's in a semi-comatose state and hooked up to a ventilator. He's been like this since September 9, 2001.

Now, Juan, as he's called, wasn't born that way. He was the victim of a tragic and a preventable accident. The worst of it is if his mom had been given the information that this bill requires, then this accident never would have happened.

Back in 2001, Juan's mother, Jacqueline Boatwright, was doing what millions of mothers and fathers all over the country do everyday. She dropped her child in daycare so that she could go to work to improve her family's life.

Ms. Boatwright had done her homework. She was a sophisticated consumer and she shopped around and found a daycare center that she felt comfortable leaving her baby boy with. It was licensed by the State of Georgia. It was clean. And most importantly, it complied with all sorts of Federal regulations under the Child Care Development Block Grant Act that are designed to prevent and control infectious diseases, ensure building safety, premises access, and mental health and safety training for staff.

But there was one thing that Jackie Boatwright did not know; that these folks could take her money, they could take her child, they could harm her child, and they would not be financially responsible for any of the harm that they do. That's because they had no liability insurance. There was no law that required them to have any liability insurance, and there wasn't even any law that required them to tell her that.

Mr. Speaker, sure enough, that's just what happened. They ignored Juan long enough for him to find a bucket of water. Like every child that age, he had just enough strength to pull himself up to look over inside and to fall inside head first, but not enough upper body strength to push himself back up. It was a death trap, and little Juan fell into it. Well, Juan survived, but his life and that of his family have been ruined and changed forever.

Now, this bill would have prevented all of this from happening. It wouldn't have prevented this from happening by adding a whole new bureaucracy of daycare inspectors to watch the watchers. It would have prevented this from happening in the least expensive and most efficient way possible, by simply requiring the daycare center to tell parents that they're willing to accept the moral responsibility of taking care of your children, but they won't accept any of the financial responsibility for failing to do so.

That would have prevented this from happening, because if Jackie had known that she would have done what any other parent would do. She would have taken her business someplace else, someplace where they accept some degree of financial responsibility for the consequences of their negligence and incorporate that cost in the cost of doing business, just like every other financially responsible business does.

Now, Jackie has tried to make something positive out of all this. She's determined to prevent this from happening to anybody else. Thanks to her efforts, financial responsibility disclosure laws are now on the books in four States: Georgia, California, Virginia and New Hampshire. This bill will close the gap by requiring financial responsibility disclosure for licensed daycare facilities in the rest of the country.

In 2005, there were literally millions of kids in this country receiving daycare in facilities that are governed by the Child Care and Development Block Grant Act. Only a fraction of these kids live in the four States that have now stepped forward to enact financial responsibility disclosure laws. That means that millions of kids still go to licensed daycare facilities all around the country, today, where parents have no idea that their daycare centers can harm their child and accept none of the financial consequences for doing so.

This bill will give the parents of these millions of children the same information that parents are entitled to as a matter of law in the States of Georgia, California, Virginia and New Hampshire. These parents have just as

much need to know about the financial responsibility of the folks they give their kids to, and this bill will give them the same right to that information.

Now, this bill does not require any daycare facilities to actually go out and get liability insurance. It merely requires licensed daycare centers to tell parents whether or not they have insurance and, if so, how much. That's all. It then leaves it up to the parents to do what Jackie Boatwright would have done if only she had had this information, and that is to decide for themselves whether or not to leave their child with somebody who wants to accept the responsibility for caring for your child, wants to take your money for doing so, but is unable and unwilling to accept any of the financial consequences for failing to fulfill this responsibility.

Indirectly, Mr. Speaker, this bill actually does more than that. By giving parents the information that they have a right to know, it places a powerful economic incentive on all daycare centers to do what all of the responsible daycare centers are already doing, and that is to assume the financial responsibility that goes along with the moral responsibility of taking care of children in their care and to incorporate the cost of that into the cost of doing business. Anyone who wants to do business without doing that will be at a competitive disadvantage compared to those who do.

This approach gives the invisible hand of self interest the opportunity to do some good in the marketplace. Parents who place their children in daycare centers will have the information that they need in order to make the right choice for their children, and daycare centers that don't want to do the right thing by the children in their care will compete at a disadvantage compared to those who do.

We have truth in labeling. We have truth in lending, and we have truth in advertising. This is truth in daycare. The States have led the way, and now it's time for the Federal Government to follow their lead. The families who end up being harmed because they are kept in the dark deserve to know the truth.

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 1662) to amend the Child Care and Development Block Grant Act of 1990 to require child care providers to provide to parents information regarding whether such providers carry current liability insurance.

Mr. Speaker, I request 5 legislative days during which Members may revise and extend and insert extraneous material on H.R. 1662 into the Record.

I yield myself as much time, Mr. Speaker, as I may consume.

Mr. Speaker, I rise today in support of H.R. 1662, which amends the Child Care and Development Block Grant Act of 1990 to require child care providers to provide information regarding whether such providers carry current liability insurance. Working parents depend on child care so they can earn an income needed to support their families, as well as ensure that their children are well cared for in a safe environment while they are working. As such, child care is an integral part of the daily routine for millions of American families with young children.

Nearly 12 million children under 5 years of age are regularly in child care settings. Research clearly shows us that high quality child care has a lasting impact on a child's development and well-being. Children in poor quality child care miss a crucial early learning opportunity and are more likely to arrive at kindergarten unprepared and unable to succeed in school. As a country, we need to be doing much more to invest in and support high quality child care programs so that children have the best opportunity to develop.

Back in 2001, Anthony DeJuan Boatwright's mother, Jacqueline Boatwright, placed her child in child care so that she could work to improve her and her son's life. She understood the child care program market. She shopped around and found a child care center. It was licensed by the State. It was clean, and it complied with Federal regulations under the Child Care Development Block Grant Act governing such items as the prevention and control of infectious diseases, building safety, premises access, and safety training for staff. However, little Anthony nearly drowned and ended up on life support due to an oversight at the child day care center.

Jackie Boatwright did not know that a child care program could take her money, harm her child, and escape punishment for their dire mistake.

Because the childcare center had no liability insurance, the facility could not be financially responsible for any harm they could do. There wasn't a law, State or Federal, that required childcare centers to tell Ms. Boatwright either.

The bill before us makes a small but, indeed, important amendment to current law. This bill would require each provider to openly post whether or not they have current liability insurance covering the operation of the childcare business, and it requires each provider to supply parents with a written notice stating whether or not the provider carries liability insurance, including the amount of such coverage.

This legislation does not supersede any State regulations regarding facility licensure or insurance requirements. We are simply asking childcare providers to inform parents whether or not they hold liability insurance.

As we move forward reauthorizing this program, we must consider policies that foster effective learning environments where children can obtain the cognitive, the social and the academic skills needed to succeed. And we must make sure that parents can feel secure in the knowledge that their children will be safe from harm while out of their care.

This bill gives parents more information that they need to make educated decisions about daycare facilities. We must provide safe childcare programs for our children.

I thank Representative Barrow for introducing this bill, and ask my colleagues to support the measure.

I reserve the balance of my time, Mr. Speaker.

Mr. Speaker, I am pleased to recognize the gentleman from Georgia, sponsor of H.R. 1662, a very thoughtful piece for the children of this country, Mr. Barrow, for as much time as he may consume.

Mr. Speaker, I thank my good friend from the State of Georgia, Representative Barrow, for introducing H.R. 1662.

Obviously, childcare decisions are major decisions for any family. And in addition to those cognitive and social and educational skills that are invested in our children, the sense of security and comfort that needs to be afforded the families who participate in these wonderful resources needs to be enhanced. And by simply and rightfully asking childcare providers to inform parents whether or not they hold liability insurance is a strengthener for any family and any children in our country.

So, with all that being said, I strongly encourage our colleagues to support H.R. 1662.

Mr. Speaker, I yield back the remainder of my time.

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I rise to discuss H.R. 1662, to amend the Child Care and Development Block Grant Act to require childcare providers to supply parents with information regarding whether such providers carry current liability insurance.

The bill before us today requires that States, as part of their licensing requirements, recommend that childcare providers carry liability insurance. The bill also requires childcare providers to post whether or not they have current liability insurance covering the operation of their childcare businesses, and it requires providers to supply parents with a written notice stating whether or not the provider carries liability insurance.

Today, many parents depend on childcare in order to continue to work to support their families. As such, childcare is an integral part of the daily routine for millions of American families with young children. A cost-efficient childcare is very important and, hopefully, this legislation, if it is passed, can be implemented without adding to the costs of these hardworking families.

Asking providers to post information on their liability insurance may give additional peace of mind if it's properly implemented, at little or no additional cost to these families and, hopefully, will avoid tragedies such as the one that affected 14-month old Anthony DeJuan Boatwright, who fell, and the accident left him in a semi-comatose state and ventilator-dependent.

I'd like to note that the bill before us does not reauthorize the Child Care and Development Block Grant Act. Hopefully, that bill will be brought before the Education and Labor Committee for reauthorization and full committee consideration during the 111th Session of Congress so that additional improvements can be made.

As we move forward, we must ensure that Federal policy provides States maximum flexibility in developing childcare programs and policies, and provides parents with the ability to choose from a variety of options so that parents can decide the care best suited for their children.

With those comments, I reserve the balance of my time.

I have no further requests for time.

I yield back the balance of my time.