Connecticut 2019 2019 Regular Session

Connecticut Senate Bill SB00930 Comm Sub / Bill

Filed 04/02/2019

                     
 
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General Assembly  Substitute Bill No. 930  
January Session, 2019 
 
 
 
 
 
AN ACT CONCERNING TH E CREATION OF A PILOT PROGRAM FOR 
AN EARLY CHILDHOOD B USINESS INCUBATOR MODEL.  
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 19a-87b of the general statutes is repealed and the 1 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 
family child care home, as [defined] described in section 19a-77, 5 
without a license issued by the Commissioner of Early Childhood. 6 
Licensure forms shall be obtained from the Office of Early Childhood. 7 
Applications for licensure shall be made to the commissioner on forms 8 
provided by the office and shall contain the information required by 9 
regulations adopted under this section. The licensure and application 10 
forms shall contain a notice that false statements made [therein] in 11 
such forms are punishable in accordance with section 53a-157b. 12 
Applicants shall state, in writing, that they are in compliance with the 13 
regulations adopted by the commissioner pursuant to subsection (f) of 14 
this section. Before a family child care home license is granted, the 15 
office shall make an inquiry and investigation which shall include a 16 
visit and inspection of the premises for which the license is requested. 17 
Any inspection conducted by the office shall include an inspection for 18 
evident sources of lead poisoning. The office shall provide for a 19  Substitute Bill No. 930 
 
 
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chemical analysis of any paint chips found on such premises. Neither 20 
the commissioner nor the commissioner's designee shall require an 21 
annual inspection for homes seeking license renewal or for licensed 22 
homes, except that the commissioner or the commissioner's designee 23 
shall make an unannounced visit, inspection or investigation of each 24 
licensed family child care home at least once every year. A licensed 25 
family child care home shall not be subject to any conditions on the 26 
operation of such home by local officials, other than those imposed by 27 
the office pursuant to this subsection, if the home complies with all 28 
local codes and ordinances applicable to single and multifamily 29 
dwellings. 30 
(b) No person shall act as an assistant or substitute staff member to a 31 
person or entity maintaining a family child care home, as [defined] 32 
described in section 19a-77, without an approval issued by the 33 
commissioner. Any person seeking to act as an assistant or substitute 34 
staff member in a family child care home shall submit an application 35 
for such approval to the office. Applications for approval shall: (1) Be 36 
made to the commissioner on forms provided by the office, (2) contain 37 
the information required by regulations adopted under this section, 38 
and (3) be accompanied by a fee of fifteen dollars. The approval 39 
application forms shall contain a notice that false statements made in 40 
such form are punishable in accordance with section 53a-157b. 41 
(c) The commissioner, within available appropriations, shall require 42 
each initial applicant or prospective employee of a family child care 43 
home in a position requiring the provision of care to a child, including 44 
an assistant or substitute staff member and each household member 45 
who is sixteen years of age or older, to submit to comprehensive 46 
background checks, including state and national criminal history 47 
records checks. The criminal history records checks required pursuant 48 
to this subsection shall be conducted in accordance with section 29-17a. 49 
The commissioner shall also request a check of the state child abuse 50 
registry established pursuant to section 17a-101k. The commissioner 51 
shall notify each licensee of the provisions of this subsection. For 52  Substitute Bill No. 930 
 
 
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purposes of this subsection, "household member" means any person, 53 
other than the person who is licensed to conduct, operate or maintain a 54 
family child care home, who resides in the family child care home, 55 
such as the licensee's spouse or children, tenants and any other 56 
occupant. 57 
(d) An application for initial licensure pursuant to this section shall 58 
be accompanied by a fee of forty dollars and such license shall be 59 
issued for a term of four years. An application for renewal of a license 60 
issued pursuant to this section shall be accompanied by a fee of forty 61 
dollars and a certification from the licensee that any child enrolled in 62 
the family child care home has received age -appropriate 63 
immunizations in accordance with regulations adopted pursuant to 64 
subsection (f) of this section. A license issued pursuant to this section 65 
shall be renewed for a term of four years. In the case of an applicant 66 
submitting an application for renewal of a license that has expired, and 67 
who has ceased operations of a family child care home due to such 68 
expired license, the commissioner may renew such expired license 69 
within thirty days of the date of such expiration upon receipt of an 70 
application for renewal that is accompanied by such fee and such 71 
certification. 72 
(e) An application for initial staff approval or renewal of staff 73 
approval shall be accompanied by a fee of fifteen dollars. Such 74 
approvals shall be issued or renewed for a term of two years. 75 
(f) The commissioner shall adopt regulations, in accordance with the 76 
provisions of chapter 54, to assure that family child care homes, as 77 
[defined] described in section 19a-77, meet the health, educational and 78 
social needs of children utilizing such homes. Such regulations shall 79 
ensure that the family child care home is treated as a residence, and 80 
not an institutional facility. Such regulations shall specify that each 81 
child be protected as age-appropriate by adequate immunization 82 
against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, 83 
rubella, hemophilus influenzae type B and any other vaccine required 84 
by the schedule of active immunization adopted pursuant to section 85  Substitute Bill No. 930 
 
 
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19a-7f. Such regulations shall provide appropriate exemptions for 86 
children for whom such immunization is medically contraindicated 87 
and for children whose parents or guardian objects to such 88 
immunization on religious grounds and require that any such 89 
objection be accompanied by a statement from such parents or 90 
guardian that such immunization would be contrary to the religious 91 
beliefs of such child or the parents or guardian of such child, which 92 
statement shall be acknowledged, in accordance with the provisions of 93 
sections 1-32, 1-34 and 1-35, by (1) a judge of a court of record or a 94 
family support magistrate, (2) a clerk or deputy clerk of a court having 95 
a seal, (3) a town clerk, (4) a notary public, (5) a justice of the peace, or 96 
(6) an attorney admitted to the bar of this state. Such regulations shall 97 
also specify conditions under which family child care home providers 98 
may administer tests to monitor glucose levels in a child with 99 
diagnosed diabetes mellitus, and administer medicinal preparations, 100 
including controlled drugs specified in the regulations by the 101 
commissioner, to a child receiving child care services at a family child 102 
care home pursuant to a written order of a physician licensed to 103 
practice medicine in this or another state, an advanced practice 104 
registered nurse licensed to prescribe in accordance with section 20-94a 105 
or a physician assistant licensed to prescribe in accordance with section 106 
20-12d, and the written authorization of a parent or guardian of such 107 
child. Such regulations shall specify appropriate standards for 108 
extended care and intermittent short-term overnight care. The 109 
commissioner shall inform each licensee, by way of a plain language 110 
summary provided not later than sixty days after the regulation's 111 
effective date, of any new or changed regulations adopted under this 112 
subsection with which a licensee must comply. 113 
(g) Upon the declaration by the Governor of a civil preparedness 114 
emergency pursuant to section 28-9 or a public health emergency 115 
pursuant to section 19a-131a, the commissioner may waive the 116 
provisions of any regulation adopted pursuant to this section if the 117 
commissioner determines that such waiver would not endanger the 118 
life, safety or health of any child. The commissioner shall prescribe the 119  Substitute Bill No. 930 
 
 
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duration of such waiver, provided such waiver shall not extend 120 
beyond the duration of the declared emergency. The commissioner 121 
shall establish the criteria by which a waiver request shall be made and 122 
the conditions for which a waiver will be granted or denied. The 123 
provisions of section 19a-84 shall not apply to a denial of a waiver 124 
request under this subsection. 125 
(h) Any family child care home may provide child care services to 126 
homeless children and youths, as defined in 42 USC 11434a, as 127 
amended from time to time, for a period not to exceed ninety days 128 
without complying with any provision in regulations adopted 129 
pursuant to this section relating to immunization and physical 130 
examination requirements. Any family child care home that provides 131 
child care services to homeless children and youths at such home 132 
under this subsection shall maintain a record on file of all homeless 133 
children and youths who have attended such home for a period of two 134 
years after such homeless children or youths are no longer receiving 135 
child care services at such home.  136 
(i) For the fiscal years ending June 30, 2020, to June 30, 2024, 137 
inclusive, the Commissioner of Early Childhood may issue a license to 138 
maintain a family child care home in the cities of New Britain, New 139 
Haven, Bridgeport or Stamford in accordance with the provisions of 140 
this chapter to a person or group of persons who have partnered with 141 
an association, organization, corporation, institution or agency, public 142 
or private, to provide child care services in a space within a facility, 143 
other than a private family home and which has been approved by the 144 
commissioner, that has been provided by such association, 145 
organization, corporation, institution or agency. The commissioner 146 
shall not approve more than one facility in each such city to be used 147 
for licenses issued under this subsection. An application for a license 148 
under this subsection shall include a copy of the current fire marshal 149 
certificate of compliance with the Fire Safety Code, and written 150 
verification of compliance with the State Building Code, local zoning 151 
and building requirements and local health ordinances. The 152  Substitute Bill No. 930 
 
 
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commissioner may require an applicant for a license under this 153 
subsection to comply with additional conditions relating to the health 154 
and safety of children who will be served in such facility. The 155 
commissioner may waive any requirement that does not apply to such 156 
facility. Any license issued under this subsection shall expire on June 157 
30, 2024, except that the commissioner may suspend or revoke any 158 
such license at any time in accordance with the provisions of section 159 
19a-87e. 160 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 July 1, 2019 19a-87b 
 
Statement of Legislative Commissioners:   
In Section 1(a), (b) and (f), "defined" was changed to "[defined] 
described" for accuracy. 
 
ED Joint Favorable Subst.