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General Assembly Raised Bill No. 930
January Session, 2019
LCO No. 3873
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT CONCERNING TH E CREATION OF A PILOT PROGRAM FOR
AN EARLY CHILDHOOD B USINESS INCUBATOR MO DEL.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 19a-80 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2019): 2
(a) No person, group of persons, association, organization, 3
corporation, institution or agency, public or private, shall maintain a 4
child care center or group child care home without a license issued in 5
accordance with sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-6
87a, inclusive. Applications for such license shall be made to the 7
Commissioner of Early Childhood on forms provided by the 8
commissioner and shall contain the information required by 9
regulations adopted under said sections. The forms shall contain a 10
notice that false statements made therein are punishable in accordance 11
with section 53a-157b. 12
(b) (1) Upon receipt of an application for a license, the commissioner 13
shall issue such license if, upon inspection and investigation, said 14 Raised Bill No. 930
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commissioner finds that the applicant, the facilities and the program 15
meet the health, educational and social needs of children likely to 16
attend the child care center or group child care home and comply with 17
requirements established by regulations adopted under this section 18
and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-19
87a, inclusive. The commissioner shall offer an expedited application 20
review process for an application submitted by a municipal agency or 21
department. A currently licensed person or entity, as described in 22
subsection (a) of this section, seeking a change of operator, ownership 23
or location shall file a new license application, except such person or 24
entity may request the commissioner to waive the requirement that a 25
new license application be filed. The commissioner may grant or deny 26
such request. Each license shall be for a term of four years, shall be 27
nontransferable, and may be renewed upon receipt by the 28
commissioner of a renewal application and accompanying licensure 29
fee. The commissioner may suspend or revoke such license after notice 30
and an opportunity for a hearing as provided in section 19a-84 for 31
violation of the regulations adopted under this section and sections 32
19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. 33
In the case of an application for renewal of a license that has expired, 34
the commissioner may renew such expired license within thirty days 35
of the date of such expiration upon receipt of a renewal application 36
and accompanying licensure fee. 37
(2) The commissioner shall collect from the licensee of a child care 38
center a fee of five hundred dollars prior to issuing or renewing a 39
license for a term of four years. The commissioner shall collect from 40
the licensee of a group child care home a fee of two hundred fifty 41
dollars prior to issuing or renewing a license for a term of four years. 42
The commissioner shall require only one license for a child care center 43
operated in two or more buildings, provided the same licensee 44
provides child care services in each building and the buildings are 45
joined together by a contiguous playground that is part of the licensed 46
space. 47
(3) The commissioner, or the commissioner's designee, shall make 48 Raised Bill No. 930
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an unannounced visit, inspection or investigation of each licensed 49
child care center and group child care home at least once each year. At 50
least once every two years, the local health director, or the local health 51
director's designee, shall make an inspection of each licensed child care 52
center and group child care home. 53
(c) The commissioner, within available appropriations, shall require 54
each prospective employee of a child care center or group child care 55
home in a position requiring the provision of care to a child to submit 56
to comprehensive background checks, including state and national 57
criminal history records checks. The criminal history records checks 58
required pursuant to this subsection shall be conducted in accordance 59
with section 29-17a. The commissioner shall also request a check of the 60
state child abuse registry established pursuant to section 17a-101k. The 61
Department of Social Services may agree to transfer funds 62
appropriated for criminal history records checks to the Office of Early 63
Childhood. The Commissioner of Early Childhood shall notify each 64
licensee of the provisions of this subsection. No such prospective 65
employee shall have unsupervised access to children in the child care 66
center or group child care home until such comprehensive background 67
check is completed and the Commissioner of Early Childhood permits 68
such prospective employee to work in such child care center or group 69
child care home. 70
(d) The commissioner shall inform each licensee, by way of a plain 71
language summary provided not later than sixty days after the 72
regulation's effective date, of new or changed regulations adopted 73
under sections 19a-77 to 19a-80, inclusive, or sections 19a-82 to 19a-87a, 74
inclusive, with which a licensee must comply. 75
(e) For the fiscal years ending June 30, 2020, to June 30, 2024, 76
inclusive, the Commissioner of Early Childhood may issue a license to 77
maintain a group child care home in accordance with the provisions of 78
this chapter to a person or group of persons who have partnered with 79
an association, organization, corporation, institution or agency, public 80
or private, to provide child care services in a space within a facility 81 Raised Bill No. 930
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provided by such association, organization, corporation, institution or 82
agency, in the towns of New Britain, New Haven, Bridgeport or 83
Stamford. 84
Sec. 2. Section 19a-87b of the general statutes is repealed and the 85
following is substituted in lieu thereof (Effective July 1, 2019): 86
(a) No person, group of persons, association, organization, 87
corporation, institution or agency, public or private, shall maintain a 88
family child care home, as defined in section 19a-77, without a license 89
issued by the Commissioner of Early Childhood. Licensure forms shall 90
be obtained from the Office of Early Childhood. Applications for 91
licensure shall be made to the commissioner on forms provided by the 92
office and shall contain the information required by regulations 93
adopted under this section. The licensure and application forms shall 94
contain a notice that false statements made therein are punishable in 95
accordance with section 53a-157b. Applicants shall state, in writing, 96
that they are in compliance with the regulations adopted by the 97
commissioner pursuant to subsection (f) of this section. Before a family 98
child care home license is granted, the office shall make an inquiry and 99
investigation which shall include a visit and inspection of the premises 100
for which the license is requested. Any inspection conducted by the 101
office shall include an inspection for evident sources of lead poisoning. 102
The office shall provide for a chemical analysis of any paint chips 103
found on such premises. Neither the commissioner nor the 104
commissioner's designee shall require an annual inspection for homes 105
seeking license renewal or for licensed homes, except that the 106
commissioner or the commissioner's designee shall make an 107
unannounced visit, inspection or investigation of each licensed family 108
child care home at least once every year. A licensed family child care 109
home shall not be subject to any conditions on the operation of such 110
home by local officials, other than those imposed by the office 111
pursuant to this subsection, if the home complies with all local codes 112
and ordinances applicable to single and multifamily dwellings. 113
(b) No person shall act as an assistant or substitute staff member to a 114 Raised Bill No. 930
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person or entity maintaining a family child care home, as defined in 115
section 19a-77, without an approval issued by the commissioner. Any 116
person seeking to act as an assistant or substitute staff member in a 117
family child care home shall submit an application for such approval 118
to the office. Applications for approval shall: (1) Be made to the 119
commissioner on forms provided by the office, (2) contain the 120
information required by regulations adopted under this section, and 121
(3) be accompanied by a fee of fifteen dollars. The approval application 122
forms shall contain a notice that false statements made in such form 123
are punishable in accordance with section 53a-157b. 124
(c) The commissioner, within available appropriations, shall require 125
each initial applicant or prospective employee of a family child care 126
home in a position requiring the provision of care to a child, including 127
an assistant or substitute staff member and each household member 128
who is sixteen years of age or older, to submit to comprehensive 129
background checks, including state and national criminal history 130
records checks. The criminal history records checks required pursuant 131
to this subsection shall be conducted in accordance with section 29-17a. 132
The commissioner shall also request a check of the state child abuse 133
registry established pursuant to section 17a-101k. The commissioner 134
shall notify each licensee of the provisions of this subsection. For 135
purposes of this subsection, "household member" means any person, 136
other than the person who is licensed to conduct, operate or maintain a 137
family child care home, who resides in the family child care home, 138
such as the licensee's spouse or children, tenants and any other 139
occupant. 140
(d) An application for initial licensure pursuant to this section shall 141
be accompanied by a fee of forty dollars and such license shall be 142
issued for a term of four years. An application for renewal of a license 143
issued pursuant to this section shall be accompanied by a fee of forty 144
dollars and a certification from the licensee that any child enrolled in 145
the family child care home has received age -appropriate 146
immunizations in accordance with regulations adopted pursuant to 147
subsection (f) of this section. A license issued pursuant to this section 148 Raised Bill No. 930
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shall be renewed for a term of four years. In the case of an applicant 149
submitting an application for renewal of a license that has expired, and 150
who has ceased operations of a family child care home due to such 151
expired license, the commissioner may renew such expired license 152
within thirty days of the date of such expiration upon receipt of an 153
application for renewal that is accompanied by such fee and such 154
certification. 155
(e) An application for initial staff approval or renewal of staff 156
approval shall be accompanied by a fee of fifteen dollars. Such 157
approvals shall be issued or renewed for a term of two years. 158
(f) The commissioner shall adopt regulations, in accordance with the 159
provisions of chapter 54, to assure that family child care homes, as 160
defined in section 19a-77, meet the health, educational and social needs 161
of children utilizing such homes. Such regulations shall ensure that the 162
family child care home is treated as a residence, and not an 163
institutional facility. Such regulations shall specify that each child be 164
protected as age-appropriate by adequate immunization against 165
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 166
hemophilus influenzae type B and any other vaccine required by the 167
schedule of active immunization adopted pursuant to section 19a-7f. 168
Such regulations shall provide appropriate exemptions for children for 169
whom such immunization is medically contraindicated and for 170
children whose parents or guardian objects to such immunization on 171
religious grounds and require that any such objection be accompanied 172
by a statement from such parents or guardian that such immunization 173
would be contrary to the religious beliefs of such child or the parents 174
or guardian of such child, which statement shall be acknowledged, in 175
accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a 176
judge of a court of record or a family support magistrate, (2) a clerk or 177
deputy clerk of a court having a seal, (3) a town clerk, (4) a notary 178
public, (5) a justice of the peace, or (6) an attorney admitted to the bar 179
of this state. Such regulations shall also specify conditions under which 180
family child care home providers may administer tests to monitor 181
glucose levels in a child with diagnosed diabetes mellitus, and 182 Raised Bill No. 930
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administer medicinal preparations, including controlled drugs 183
specified in the regulations by the commissioner, to a child receiving 184
child care services at a family child care home pursuant to a written 185
order of a physician licensed to practice medicine in this or another 186
state, an advanced practice registered nurse licensed to prescribe in 187
accordance with section 20-94a or a physician assistant licensed to 188
prescribe in accordance with section 20-12d, and the written 189
authorization of a parent or guardian of such child. Such regulations 190
shall specify appropriate standards for extended care and intermittent 191
short-term overnight care. The commissioner shall inform each 192
licensee, by way of a plain language summary provided not later than 193
sixty days after the regulation's effective date, of any new or changed 194
regulations adopted under this subsection with which a licensee must 195
comply. 196
(g) Upon the declaration by the Governor of a civil preparedness 197
emergency pursuant to section 28-9 or a public health emergency 198
pursuant to section 19a-131a, the commissioner may waive the 199
provisions of any regulation adopted pursuant to this section if the 200
commissioner determines that such waiver would not endanger the 201
life, safety or health of any child. The commissioner shall prescribe the 202
duration of such waiver, provided such waiver shall not extend 203
beyond the duration of the declared emergency. The commissioner 204
shall establish the criteria by which a waiver request shall be made and 205
the conditions for which a waiver will be granted or denied. The 206
provisions of section 19a-84 shall not apply to a denial of a waiver 207
request under this subsection. 208
(h) Any family child care home may provide child care services to 209
homeless children and youths, as defined in 42 USC 11434a, as 210
amended from time to time, for a period not to exceed ninety days 211
without complying with any provision in regulations adopted 212
pursuant to this section relating to immunization and physical 213
examination requirements. Any family child care home that provides 214
child care services to homeless children and youths at such home 215
under this subsection shall maintain a record on file of all homeless 216 Raised Bill No. 930
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children and youths who have attended such home for a period of two 217
years after such homeless children or youths are no longer receiving 218
child care services at such home. 219
(i) For the fiscal years ending June 30, 2020, to June 30, 2024, 220
inclusive, the Commissioner of Early Childhood may issue a license to 221
maintain a family child care home in accordance with the provisions of 222
this chapter to a person or group of persons who have partnered with 223
an association, organization, corporation, institution or agency, public 224
or private, to provide child care services in a space within a facility 225
other than a private family home provided by such association, 226
organization, corporation, institution or agency, in the towns of New 227
Britain, New Haven, Bridgeport or Stamford. 228
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 19a-80
Sec. 2 July 1, 2019 19a-87b
Statement of Purpose:
To establish a pilot program that authorizes the Commissioner of Early
Childhood to issue a license to a person or group of persons to operate
a family child care home or group child care home in a space that is
not a private home and which has been provided by an association,
organization, corporation, institution or agency.
[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.]