LCO \\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930-R01- SB.docx 1 of 6 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 Section 19a-87b of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2019): 2 (a) No person, group of persons, association, organization, 3 corporation,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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930- R01-SB.docx } 2 of 6 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930- R01-SB.docx } 3 of 6 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930- R01-SB.docx } 4 of 6 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930- R01-SB.docx } 5 of 6 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 LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00930- R01-SB.docx } 6 of 6 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.