General Assembly Raised Bill No. 5466
February Session, 2016 LCO No. 2032
*02032_______ED_*
Referred to Committee on EDUCATION
Introduced by:
(ED)
General Assembly
Raised Bill No. 5466
February Session, 2016
LCO No. 2032
*02032_______ED_*
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT CONCERNING CRIMINAL HISTORY RECORDS CHECKS FOR HOUSEHOLD MEMBERS OF A FAMILY CHILD CARE HOME OR GROUP CHILD CARE HOME.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Subsection (c) of section 19a-87b of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) The commissioner, within available appropriations, shall require each initial applicant or prospective employee of a family child care home in a position requiring the provision of care to a child, including an assistant or substitute staff member and each household member who is sixteen years of age or older, to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The commissioner shall notify each licensee of the provisions of this subsection. For purposes of this subsection, "household member" means any person, other than the person who is licensed to conduct, operate or maintain a family child care home, who resides in the family child care home, such as the licensee's spouse or children, boarders and any other occupant.
Sec. 2. Subsection (a) of section 19a-87e of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Early Childhood may (1) refuse to license under section 19a-87b, as amended by this act, a person to own, conduct, operate or maintain a family child care home, as defined in section 19a-77, (2) refuse to approve under section 19a-87b, as amended by this act, a person to act as an assistant or substitute staff member in a family child care home, as defined in section 19a-77, or (3) suspend or revoke the license or approval or take any other action that may be set forth in regulation that may be adopted pursuant to section 19a-79 if the person who owns, conducts, maintains or operates the family child care home, the person who acts as an assistant or substitute staff member in a family child care home, [or] a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services or a household member, as defined in subsection (c) of section 19a-87b, as amended by this act, who is sixteen years of age or older and resides therein, has been convicted, in this state or any other state of a felony, as defined in section 53a-25, involving the use, attempted use or threatened use of physical force against another person, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain, [or] be employed by, or reside in a family child care home, or act as an assistant or substitute staff member in a family child care home, or if such persons or [a person residing in the household] a household member has been convicted in this state or any other state of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution, sale, prescription, dispensing or administration under section 21a-277 or 21a-278, or illegal possession under section 21a-279, or if such person, a person who acts as assistant or substitute staff member in a family child care home, [or] a person employed in such family child care home in a position connected with the provision of care to a child receiving child care services or a household member, either fails to substantially comply with the regulations adopted pursuant to section 19a-87b, as amended by this act, or conducts, operates or maintains the home in a manner which endangers the health, safety and welfare of the children receiving child care services. Any refusal of a license or approval pursuant to this section shall be rendered in accordance with the provisions of sections 46a-79 to 46a-81, inclusive. Any person whose license or approval has been revoked pursuant to this section shall be ineligible to apply for a license or approval for a period of one year from the effective date of revocation.
Sec. 3. Subsection (c) of section 19a-87e of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) Any person who is licensed to conduct, operate or maintain a family child care home or approved to act as an assistant or substitute staff member in a family child care home shall notify the commissioner of any conviction of the owner, conductor, operator or maintainer of the family child care home or of any [person residing in the] household member, as defined in subsection (c) of section 19a-87b, as amended by this act, who is sixteen years of age or older, or any person employed in such family child care home in a position connected with the provision of care to a child receiving child care services, of a crime which affects the commissioner's discretion under subsection (a) of this section, immediately upon obtaining knowledge of such conviction. Failure to comply with the notification requirement of this subsection may result in the suspension or revocation of the license or approval or the taking of any other action against a license or approval set forth in regulation adopted pursuant to section 19a-79 and shall subject the licensee or approved staff member to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
Sec. 4. Subsection (c) of section 19a-80 of the 2016 supplement to the general statutes is repealed and the following is substituted in lieu thereof (Effective from passage):
(c) (1) The commissioner, within available appropriations, shall require each prospective employee of a child care center [or group child care home] in a position requiring the provision of care to a child to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The Department of Social Services may agree to transfer funds appropriated for criminal history records checks to the Office of Early Childhood. The Commissioner of Early Childhood shall notify each licensee of the provisions of this subsection.
(2) The commissioner, within available appropriations, shall require each (A) prospective employee of a group child care home in a position requiring the provision of care to a child, and (B) household member who is sixteen years of age or older and resides in the group child care home to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k. The Department of Social Services may agree to transfer funds appropriated for criminal history records checks to the Office of Early Childhood. The Commissioner of Early Childhood shall notify each licensee of the provisions of this subsection. For purposes of this subdivision, "household member" means any person, other than the person who is licensed to conduct, operate or maintain a group child care home, who resides in the group child care home, such as the licensee's spouse or children, boarders and any other occupant.
Sec. 5. Subsections (a) and (b) of section 19a-87a of the general statutes are repealed and the following is substituted in lieu thereof (Effective from passage):
(a) The Commissioner of Early Childhood shall have the discretion to refuse to license under sections 19a-77 to 19a-80, inclusive, as amended by this act, and 19a-82 to 19a-87, inclusive, a person to conduct, operate or maintain a [day] child care center or a group child care home, as defined in section 19a-77, or to suspend or revoke the license or take any other action set forth in regulation that may be adopted pursuant to section 19a-79 if, the person who owns, conducts, maintains or operates such center or home, or a person employed therein in a position connected with the provision of care to a child receiving child care services, or a household member, as defined in subsection (c) of section 19a-80, as amended by this act, who is sixteen years of age or older and resides therein, has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain, [or] be employed by or reside in a child care center or group child care home. However, no refusal of a license shall be rendered except in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
(b) Any person who is licensed to conduct, operate or maintain a child care center or group child care home shall notify the commissioner of any criminal conviction of the owner, conductor, operator or maintainer of the center or home or of any person employed therein in a position connected with the provision of care to a child receiving child care services, or a household member, as defined in subsection (c) of section 19a-80, as amended by this act, who is sixteen years of age or older and resides therein, immediately upon obtaining knowledge of the conviction. Failure to comply with the notification requirement may result in the suspension or revocation of the license or the imposition of any action set forth in regulation, and shall subject the licensed person to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
This act shall take effect as follows and shall amend the following sections:
Section 1 from passage 19a-87b(c)
Sec. 2 from passage 19a-87e(a)
Sec. 3 from passage 19a-87e(c)
Sec. 4 from passage 19a-80(c)
Sec. 5 from passage 19a-87a(a) and (b)
This act shall take effect as follows and shall amend the following sections:
Section 1
from passage
19a-87b(c)
Sec. 2
from passage
19a-87e(a)
Sec. 3
from passage
19a-87e(c)
Sec. 4
from passage
19a-80(c)
Sec. 5
from passage
19a-87a(a) and (b)
Statement of Purpose:
To require background checks and notice of convictions for any person who is a household member in a family child care home or group child care home.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]