Connecticut 2019 Regular Session

Connecticut Senate Bill SB00930 Compare Versions

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7-General Assembly Substitute Bill No. 930
5+General Assembly Raised Bill No. 930
86 January Session, 2019
7+LCO No. 3873
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10+Referred to Committee on EDUCATION
11+
12+
13+Introduced by:
14+(ED)
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1419 AN ACT CONCERNING TH E CREATION OF A PILOT PROGRAM FOR
1520 AN EARLY CHILDHOOD B USINESS INCUBATOR MO DEL.
1621 Be it enacted by the Senate and House of Representatives in General
1722 Assembly convened:
1823
19-Section 1. Section 19a-87b of the general statutes is repealed and the 1
24+Section 1. Section 19a-80 of the general statutes is repealed and the 1
2025 following is substituted in lieu thereof (Effective July 1, 2019): 2
2126 (a) No person, group of persons, association, organization, 3
2227 corporation, institution or agency, public or private, shall maintain a 4
23-family child care home, as [defined] described in section 19a-77, 5
24-without a license issued by the Commissioner of Early Childhood. 6
25-Licensure forms shall be obtained from the Office of Early Childhood. 7
26-Applications for licensure shall be made to the commissioner on forms 8
27-provided by the office and shall contain the information required by 9
28-regulations adopted under this section. The licensure and application 10
29-forms shall contain a notice that false statements made [therein] in 11
30-such forms are punishable in accordance with section 53a-157b. 12
31-Applicants shall state, in writing, that they are in compliance with the 13
32-regulations adopted by the commissioner pursuant to subsection (f) of 14
33-this section. Before a family child care home license is granted, the 15
34-office shall make an inquiry and investigation which shall include a 16
35-visit and inspection of the premises for which the license is requested. 17
36-Any inspection conducted by the office shall include an inspection for 18
37-evident sources of lead poisoning. The office shall provide for a 19 Substitute Bill No. 930
28+child care center or group child care home without a license issued in 5
29+accordance with sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-6
30+87a, inclusive. Applications for such license shall be made to the 7
31+Commissioner of Early Childhood on forms provided by the 8
32+commissioner and shall contain the information required by 9
33+regulations adopted under said sections. The forms shall contain a 10
34+notice that false statements made therein are punishable in accordance 11
35+with section 53a-157b. 12
36+(b) (1) Upon receipt of an application for a license, the commissioner 13
37+shall issue such license if, upon inspection and investigation, said 14 Raised Bill No. 930
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44-chemical analysis of any paint chips found on such premises. Neither 20
45-the commissioner nor the commissioner's designee shall require an 21
46-annual inspection for homes seeking license renewal or for licensed 22
47-homes, except that the commissioner or the commissioner's designee 23
48-shall make an unannounced visit, inspection or investigation of each 24
49-licensed family child care home at least once every year. A licensed 25
50-family child care home shall not be subject to any conditions on the 26
51-operation of such home by local officials, other than those imposed by 27
52-the office pursuant to this subsection, if the home complies with all 28
53-local codes and ordinances applicable to single and multifamily 29
54-dwellings. 30
55-(b) No person shall act as an assistant or substitute staff member to a 31
56-person or entity maintaining a family child care home, as [defined] 32
57-described in section 19a-77, without an approval issued by the 33
58-commissioner. Any person seeking to act as an assistant or substitute 34
59-staff member in a family child care home shall submit an application 35
60-for such approval to the office. Applications for approval shall: (1) Be 36
61-made to the commissioner on forms provided by the office, (2) contain 37
62-the information required by regulations adopted under this section, 38
63-and (3) be accompanied by a fee of fifteen dollars. The approval 39
64-application forms shall contain a notice that false statements made in 40
65-such form are punishable in accordance with section 53a-157b. 41
66-(c) The commissioner, within available appropriations, shall require 42
67-each initial applicant or prospective employee of a family child care 43
68-home in a position requiring the provision of care to a child, including 44
69-an assistant or substitute staff member and each household member 45
70-who is sixteen years of age or older, to submit to comprehensive 46
71-background checks, including state and national criminal history 47
72-records checks. The criminal history records checks required pursuant 48
73-to this subsection shall be conducted in accordance with section 29-17a. 49
74-The commissioner shall also request a check of the state child abuse 50
75-registry established pursuant to section 17a-101k. The commissioner 51
76-shall notify each licensee of the provisions of this subsection. For 52 Substitute Bill No. 930
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43+commissioner finds that the applicant, the facilities and the program 15
44+meet the health, educational and social needs of children likely to 16
45+attend the child care center or group child care home and comply with 17
46+requirements established by regulations adopted under this section 18
47+and sections 19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-19
48+87a, inclusive. The commissioner shall offer an expedited application 20
49+review process for an application submitted by a municipal agency or 21
50+department. A currently licensed person or entity, as described in 22
51+subsection (a) of this section, seeking a change of operator, ownership 23
52+or location shall file a new license application, except such person or 24
53+entity may request the commissioner to waive the requirement that a 25
54+new license application be filed. The commissioner may grant or deny 26
55+such request. Each license shall be for a term of four years, shall be 27
56+nontransferable, and may be renewed upon receipt by the 28
57+commissioner of a renewal application and accompanying licensure 29
58+fee. The commissioner may suspend or revoke such license after notice 30
59+and an opportunity for a hearing as provided in section 19a-84 for 31
60+violation of the regulations adopted under this section and sections 32
61+19a-77 to 19a-79a, inclusive, and sections 19a-82 to 19a-87a, inclusive. 33
62+In the case of an application for renewal of a license that has expired, 34
63+the commissioner may renew such expired license within thirty days 35
64+of the date of such expiration upon receipt of a renewal application 36
65+and accompanying licensure fee. 37
66+(2) The commissioner shall collect from the licensee of a child care 38
67+center a fee of five hundred dollars prior to issuing or renewing a 39
68+license for a term of four years. The commissioner shall collect from 40
69+the licensee of a group child care home a fee of two hundred fifty 41
70+dollars prior to issuing or renewing a license for a term of four years. 42
71+The commissioner shall require only one license for a child care center 43
72+operated in two or more buildings, provided the same licensee 44
73+provides child care services in each building and the buildings are 45
74+joined together by a contiguous playground that is part of the licensed 46
75+space. 47
76+(3) The commissioner, or the commissioner's designee, shall make 48 Raised Bill No. 930
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83-purposes of this subsection, "household member" means any person, 53
84-other than the person who is licensed to conduct, operate or maintain a 54
85-family child care home, who resides in the family child care home, 55
86-such as the licensee's spouse or children, tenants and any other 56
87-occupant. 57
88-(d) An application for initial licensure pursuant to this section shall 58
89-be accompanied by a fee of forty dollars and such license shall be 59
90-issued for a term of four years. An application for renewal of a license 60
91-issued pursuant to this section shall be accompanied by a fee of forty 61
92-dollars and a certification from the licensee that any child enrolled in 62
93-the family child care home has received age -appropriate 63
94-immunizations in accordance with regulations adopted pursuant to 64
95-subsection (f) of this section. A license issued pursuant to this section 65
96-shall be renewed for a term of four years. In the case of an applicant 66
97-submitting an application for renewal of a license that has expired, and 67
98-who has ceased operations of a family child care home due to such 68
99-expired license, the commissioner may renew such expired license 69
100-within thirty days of the date of such expiration upon receipt of an 70
101-application for renewal that is accompanied by such fee and such 71
102-certification. 72
103-(e) An application for initial staff approval or renewal of staff 73
104-approval shall be accompanied by a fee of fifteen dollars. Such 74
105-approvals shall be issued or renewed for a term of two years. 75
106-(f) The commissioner shall adopt regulations, in accordance with the 76
107-provisions of chapter 54, to assure that family child care homes, as 77
108-[defined] described in section 19a-77, meet the health, educational and 78
109-social needs of children utilizing such homes. Such regulations shall 79
110-ensure that the family child care home is treated as a residence, and 80
111-not an institutional facility. Such regulations shall specify that each 81
112-child be protected as age-appropriate by adequate immunization 82
113-against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, 83
114-rubella, hemophilus influenzae type B and any other vaccine required 84
115-by the schedule of active immunization adopted pursuant to section 85 Substitute Bill No. 930
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82+an unannounced visit, inspection or investigation of each licensed 49
83+child care center and group child care home at least once each year. At 50
84+least once every two years, the local health director, or the local health 51
85+director's designee, shall make an inspection of each licensed child care 52
86+center and group child care home. 53
87+(c) The commissioner, within available appropriations, shall require 54
88+each prospective employee of a child care center or group child care 55
89+home in a position requiring the provision of care to a child to submit 56
90+to comprehensive background checks, including state and national 57
91+criminal history records checks. The criminal history records checks 58
92+required pursuant to this subsection shall be conducted in accordance 59
93+with section 29-17a. The commissioner shall also request a check of the 60
94+state child abuse registry established pursuant to section 17a-101k. The 61
95+Department of Social Services may agree to transfer funds 62
96+appropriated for criminal history records checks to the Office of Early 63
97+Childhood. The Commissioner of Early Childhood shall notify each 64
98+licensee of the provisions of this subsection. No such prospective 65
99+employee shall have unsupervised access to children in the child care 66
100+center or group child care home until such comprehensive background 67
101+check is completed and the Commissioner of Early Childhood permits 68
102+such prospective employee to work in such child care center or group 69
103+child care home. 70
104+(d) The commissioner shall inform each licensee, by way of a plain 71
105+language summary provided not later than sixty days after the 72
106+regulation's effective date, of new or changed regulations adopted 73
107+under sections 19a-77 to 19a-80, inclusive, or sections 19a-82 to 19a-87a, 74
108+inclusive, with which a licensee must comply. 75
109+(e) For the fiscal years ending June 30, 2020, to June 30, 2024, 76
110+inclusive, the Commissioner of Early Childhood may issue a license to 77
111+maintain a group child care home in accordance with the provisions of 78
112+this chapter to a person or group of persons who have partnered with 79
113+an association, organization, corporation, institution or agency, public 80
114+or private, to provide child care services in a space within a facility 81 Raised Bill No. 930
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122-19a-7f. Such regulations shall provide appropriate exemptions for 86
123-children for whom such immunization is medically contraindicated 87
124-and for children whose parents or guardian objects to such 88
125-immunization on religious grounds and require that any such 89
126-objection be accompanied by a statement from such parents or 90
127-guardian that such immunization would be contrary to the religious 91
128-beliefs of such child or the parents or guardian of such child, which 92
129-statement shall be acknowledged, in accordance with the provisions of 93
130-sections 1-32, 1-34 and 1-35, by (1) a judge of a court of record or a 94
131-family support magistrate, (2) a clerk or deputy clerk of a court having 95
132-a seal, (3) a town clerk, (4) a notary public, (5) a justice of the peace, or 96
133-(6) an attorney admitted to the bar of this state. Such regulations shall 97
134-also specify conditions under which family child care home providers 98
135-may administer tests to monitor glucose levels in a child with 99
136-diagnosed diabetes mellitus, and administer medicinal preparations, 100
137-including controlled drugs specified in the regulations by the 101
138-commissioner, to a child receiving child care services at a family child 102
139-care home pursuant to a written order of a physician licensed to 103
140-practice medicine in this or another state, an advanced practice 104
141-registered nurse licensed to prescribe in accordance with section 20-94a 105
142-or a physician assistant licensed to prescribe in accordance with section 106
143-20-12d, and the written authorization of a parent or guardian of such 107
144-child. Such regulations shall specify appropriate standards for 108
145-extended care and intermittent short-term overnight care. The 109
146-commissioner shall inform each licensee, by way of a plain language 110
147-summary provided not later than sixty days after the regulation's 111
148-effective date, of any new or changed regulations adopted under this 112
149-subsection with which a licensee must comply. 113
150-(g) Upon the declaration by the Governor of a civil preparedness 114
151-emergency pursuant to section 28-9 or a public health emergency 115
152-pursuant to section 19a-131a, the commissioner may waive the 116
153-provisions of any regulation adopted pursuant to this section if the 117
154-commissioner determines that such waiver would not endanger the 118
155-life, safety or health of any child. The commissioner shall prescribe the 119 Substitute Bill No. 930
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120+provided by such association, organization, corporation, institution or 82
121+agency, in the towns of New Britain, New Haven, Bridgeport or 83
122+Stamford. 84
123+Sec. 2. Section 19a-87b of the general statutes is repealed and the 85
124+following is substituted in lieu thereof (Effective July 1, 2019): 86
125+(a) No person, group of persons, association, organization, 87
126+corporation, institution or agency, public or private, shall maintain a 88
127+family child care home, as defined in section 19a-77, without a license 89
128+issued by the Commissioner of Early Childhood. Licensure forms shall 90
129+be obtained from the Office of Early Childhood. Applications for 91
130+licensure shall be made to the commissioner on forms provided by the 92
131+office and shall contain the information required by regulations 93
132+adopted under this section. The licensure and application forms shall 94
133+contain a notice that false statements made therein are punishable in 95
134+accordance with section 53a-157b. Applicants shall state, in writing, 96
135+that they are in compliance with the regulations adopted by the 97
136+commissioner pursuant to subsection (f) of this section. Before a family 98
137+child care home license is granted, the office shall make an inquiry and 99
138+investigation which shall include a visit and inspection of the premises 100
139+for which the license is requested. Any inspection conducted by the 101
140+office shall include an inspection for evident sources of lead poisoning. 102
141+The office shall provide for a chemical analysis of any paint chips 103
142+found on such premises. Neither the commissioner nor the 104
143+commissioner's designee shall require an annual inspection for homes 105
144+seeking license renewal or for licensed homes, except that the 106
145+commissioner or the commissioner's designee shall make an 107
146+unannounced visit, inspection or investigation of each licensed family 108
147+child care home at least once every year. A licensed family child care 109
148+home shall not be subject to any conditions on the operation of such 110
149+home by local officials, other than those imposed by the office 111
150+pursuant to this subsection, if the home complies with all local codes 112
151+and ordinances applicable to single and multifamily dwellings. 113
152+(b) No person shall act as an assistant or substitute staff member to a 114 Raised Bill No. 930
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162-duration of such waiver, provided such waiver shall not extend 120
163-beyond the duration of the declared emergency. The commissioner 121
164-shall establish the criteria by which a waiver request shall be made and 122
165-the conditions for which a waiver will be granted or denied. The 123
166-provisions of section 19a-84 shall not apply to a denial of a waiver 124
167-request under this subsection. 125
168-(h) Any family child care home may provide child care services to 126
169-homeless children and youths, as defined in 42 USC 11434a, as 127
170-amended from time to time, for a period not to exceed ninety days 128
171-without complying with any provision in regulations adopted 129
172-pursuant to this section relating to immunization and physical 130
173-examination requirements. Any family child care home that provides 131
174-child care services to homeless children and youths at such home 132
175-under this subsection shall maintain a record on file of all homeless 133
176-children and youths who have attended such home for a period of two 134
177-years after such homeless children or youths are no longer receiving 135
178-child care services at such home. 136
179-(i) For the fiscal years ending June 30, 2020, to June 30, 2024, 137
180-inclusive, the Commissioner of Early Childhood may issue a license to 138
181-maintain a family child care home in the cities of New Britain, New 139
182-Haven, Bridgeport or Stamford in accordance with the provisions of 140
183-this chapter to a person or group of persons who have partnered with 141
184-an association, organization, corporation, institution or agency, public 142
185-or private, to provide child care services in a space within a facility, 143
186-other than a private family home and which has been approved by the 144
187-commissioner, that has been provided by such association, 145
188-organization, corporation, institution or agency. The commissioner 146
189-shall not approve more than one facility in each such city to be used 147
190-for licenses issued under this subsection. An application for a license 148
191-under this subsection shall include a copy of the current fire marshal 149
192-certificate of compliance with the Fire Safety Code, and written 150
193-verification of compliance with the State Building Code, local zoning 151
194-and building requirements and local health ordinances. The 152 Substitute Bill No. 930
156+LCO No. 3873 5 of 8
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158+person or entity maintaining a family child care home, as defined in 115
159+section 19a-77, without an approval issued by the commissioner. Any 116
160+person seeking to act as an assistant or substitute staff member in a 117
161+family child care home shall submit an application for such approval 118
162+to the office. Applications for approval shall: (1) Be made to the 119
163+commissioner on forms provided by the office, (2) contain the 120
164+information required by regulations adopted under this section, and 121
165+(3) be accompanied by a fee of fifteen dollars. The approval application 122
166+forms shall contain a notice that false statements made in such form 123
167+are punishable in accordance with section 53a-157b. 124
168+(c) The commissioner, within available appropriations, shall require 125
169+each initial applicant or prospective employee of a family child care 126
170+home in a position requiring the provision of care to a child, including 127
171+an assistant or substitute staff member and each household member 128
172+who is sixteen years of age or older, to submit to comprehensive 129
173+background checks, including state and national criminal history 130
174+records checks. The criminal history records checks required pursuant 131
175+to this subsection shall be conducted in accordance with section 29-17a. 132
176+The commissioner shall also request a check of the state child abuse 133
177+registry established pursuant to section 17a-101k. The commissioner 134
178+shall notify each licensee of the provisions of this subsection. For 135
179+purposes of this subsection, "household member" means any person, 136
180+other than the person who is licensed to conduct, operate or maintain a 137
181+family child care home, who resides in the family child care home, 138
182+such as the licensee's spouse or children, tenants and any other 139
183+occupant. 140
184+(d) An application for initial licensure pursuant to this section shall 141
185+be accompanied by a fee of forty dollars and such license shall be 142
186+issued for a term of four years. An application for renewal of a license 143
187+issued pursuant to this section shall be accompanied by a fee of forty 144
188+dollars and a certification from the licensee that any child enrolled in 145
189+the family child care home has received age -appropriate 146
190+immunizations in accordance with regulations adopted pursuant to 147
191+subsection (f) of this section. A license issued pursuant to this section 148 Raised Bill No. 930
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201-commissioner may require an applicant for a license under this 153
202-subsection to comply with additional conditions relating to the health 154
203-and safety of children who will be served in such facility. The 155
204-commissioner may waive any requirement that does not apply to such 156
205-facility. Any license issued under this subsection shall expire on June 157
206-30, 2024, except that the commissioner may suspend or revoke any 158
207-such license at any time in accordance with the provisions of section 159
208-19a-87e. 160
195+LCO No. 3873 6 of 8
196+
197+shall be renewed for a term of four years. In the case of an applicant 149
198+submitting an application for renewal of a license that has expired, and 150
199+who has ceased operations of a family child care home due to such 151
200+expired license, the commissioner may renew such expired license 152
201+within thirty days of the date of such expiration upon receipt of an 153
202+application for renewal that is accompanied by such fee and such 154
203+certification. 155
204+(e) An application for initial staff approval or renewal of staff 156
205+approval shall be accompanied by a fee of fifteen dollars. Such 157
206+approvals shall be issued or renewed for a term of two years. 158
207+(f) The commissioner shall adopt regulations, in accordance with the 159
208+provisions of chapter 54, to assure that family child care homes, as 160
209+defined in section 19a-77, meet the health, educational and social needs 161
210+of children utilizing such homes. Such regulations shall ensure that the 162
211+family child care home is treated as a residence, and not an 163
212+institutional facility. Such regulations shall specify that each child be 164
213+protected as age-appropriate by adequate immunization against 165
214+diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 166
215+hemophilus influenzae type B and any other vaccine required by the 167
216+schedule of active immunization adopted pursuant to section 19a-7f. 168
217+Such regulations shall provide appropriate exemptions for children for 169
218+whom such immunization is medically contraindicated and for 170
219+children whose parents or guardian objects to such immunization on 171
220+religious grounds and require that any such objection be accompanied 172
221+by a statement from such parents or guardian that such immunization 173
222+would be contrary to the religious beliefs of such child or the parents 174
223+or guardian of such child, which statement shall be acknowledged, in 175
224+accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a 176
225+judge of a court of record or a family support magistrate, (2) a clerk or 177
226+deputy clerk of a court having a seal, (3) a town clerk, (4) a notary 178
227+public, (5) a justice of the peace, or (6) an attorney admitted to the bar 179
228+of this state. Such regulations shall also specify conditions under which 180
229+family child care home providers may administer tests to monitor 181
230+glucose levels in a child with diagnosed diabetes mellitus, and 182 Raised Bill No. 930
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232+
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236+administer medicinal preparations, including controlled drugs 183
237+specified in the regulations by the commissioner, to a child receiving 184
238+child care services at a family child care home pursuant to a written 185
239+order of a physician licensed to practice medicine in this or another 186
240+state, an advanced practice registered nurse licensed to prescribe in 187
241+accordance with section 20-94a or a physician assistant licensed to 188
242+prescribe in accordance with section 20-12d, and the written 189
243+authorization of a parent or guardian of such child. Such regulations 190
244+shall specify appropriate standards for extended care and intermittent 191
245+short-term overnight care. The commissioner shall inform each 192
246+licensee, by way of a plain language summary provided not later than 193
247+sixty days after the regulation's effective date, of any new or changed 194
248+regulations adopted under this subsection with which a licensee must 195
249+comply. 196
250+(g) Upon the declaration by the Governor of a civil preparedness 197
251+emergency pursuant to section 28-9 or a public health emergency 198
252+pursuant to section 19a-131a, the commissioner may waive the 199
253+provisions of any regulation adopted pursuant to this section if the 200
254+commissioner determines that such waiver would not endanger the 201
255+life, safety or health of any child. The commissioner shall prescribe the 202
256+duration of such waiver, provided such waiver shall not extend 203
257+beyond the duration of the declared emergency. The commissioner 204
258+shall establish the criteria by which a waiver request shall be made and 205
259+the conditions for which a waiver will be granted or denied. The 206
260+provisions of section 19a-84 shall not apply to a denial of a waiver 207
261+request under this subsection. 208
262+(h) Any family child care home may provide child care services to 209
263+homeless children and youths, as defined in 42 USC 11434a, as 210
264+amended from time to time, for a period not to exceed ninety days 211
265+without complying with any provision in regulations adopted 212
266+pursuant to this section relating to immunization and physical 213
267+examination requirements. Any family child care home that provides 214
268+child care services to homeless children and youths at such home 215
269+under this subsection shall maintain a record on file of all homeless 216 Raised Bill No. 930
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271+
272+
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275+children and youths who have attended such home for a period of two 217
276+years after such homeless children or youths are no longer receiving 218
277+child care services at such home. 219
278+(i) For the fiscal years ending June 30, 2020, to June 30, 2024, 220
279+inclusive, the Commissioner of Early Childhood may issue a license to 221
280+maintain a family child care home in accordance with the provisions of 222
281+this chapter to a person or group of persons who have partnered with 223
282+an association, organization, corporation, institution or agency, public 224
283+or private, to provide child care services in a space within a facility 225
284+other than a private family home provided by such association, 226
285+organization, corporation, institution or agency, in the towns of New 227
286+Britain, New Haven, Bridgeport or Stamford. 228
209287 This act shall take effect as follows and shall amend the following
210288 sections:
211289
212-Section 1 July 1, 2019 19a-87b
290+Section 1 July 1, 2019 19a-80
291+Sec. 2 July 1, 2019 19a-87b
213292
214-Statement of Legislative Commissioners:
215-In Section 1(a), (b) and (f), "defined" was changed to "[defined]
216-described" for accuracy.
217-
218-ED Joint Favorable Subst.
293+Statement of Purpose:
294+To establish a pilot program that authorizes the Commissioner of Early
295+Childhood to issue a license to a person or group of persons to operate
296+a family child care home or group child care home in a space that is
297+not a private home and which has been provided by an association,
298+organization, corporation, institution or agency.
299+[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
300+except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
301+not underlined.]
219302