14 | | - | Section 1. Subsections (a) to (c), inclusive, of section 17b-749 of the |
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15 | | - | general statutes are repealed and the following is substituted in lieu |
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16 | | - | thereof (Effective July 1, 2019): |
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17 | | - | (a) The Commissioner of Early Childhood shall establish and |
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18 | | - | operate a child care subsidy program to increase the availability, |
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19 | | - | affordability and quality of child care services for families with a |
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20 | | - | parent or caretaker who (1) is working or attending high school, or (2) |
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21 | | - | receives cash assistance under the temporary family assistance |
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22 | | - | program from the Department of Social Services and is participating in |
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23 | | - | an education, training or other job preparation activity approved |
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24 | | - | pursuant to subsection (b) of section 17b-688i or subsection (b) of |
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25 | | - | section 17b-689d. Services available under the child care subsidy |
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26 | | - | program shall include the provision of child care subsidies for children |
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27 | | - | under the age of thirteen or children under the age of nineteen with |
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28 | | - | special needs. The Office of Early Childhood shall open and maintain |
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29 | | - | enrollment for the child care subsidy program and shall administer |
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30 | | - | such program within the existing budgetary resources available. The |
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31 | | - | office shall issue a notice on the office's Internet web site any time the Substitute Senate Bill No. 936 |
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| 19 | + | Section 1. Subsections (a) to (c), inclusive, of section 17b-749 of the 1 |
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| 20 | + | general statutes are repealed and the following is substituted in lieu 2 |
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| 21 | + | thereof (Effective July 1, 2019): 3 |
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| 22 | + | (a) The Commissioner of Early Childhood shall establish and 4 |
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| 23 | + | operate a child care subsidy program to increase the availability, 5 |
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| 24 | + | affordability and quality of child care services for families with a 6 |
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| 25 | + | parent or caretaker who (1) is working or attending high school, or (2) 7 |
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| 26 | + | receives cash assistance under the temporary family assistance 8 |
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| 27 | + | program from the Department of Social Services and is participating in 9 |
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| 28 | + | an education, training or other job preparation activity approved 10 |
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| 29 | + | pursuant to subsection (b) of section 17b-688i or subsection (b) of 11 |
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| 30 | + | section 17b-689d. Services available under the child care subsidy 12 |
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| 31 | + | program shall include the provision of child care subsidies for children 13 |
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| 32 | + | under the age of thirteen or children under the age of nineteen with 14 |
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| 33 | + | special needs. The Office of Early Childhood shall open and maintain 15 |
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| 34 | + | enrollment for the child care subsidy program and shall administer 16 |
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| 35 | + | such program within the existing budgetary resources available. The 17 |
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| 36 | + | office shall issue a notice on the office's Internet web site any time the 18 |
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| 37 | + | office closes the program to new applications, changes eligibility 19 Substitute Bill No. 936 |
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35 | | - | office closes the program to new applications, changes eligibility |
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36 | | - | requirements, changes program benefits or makes any other change to |
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37 | | - | the program's status or terms, except the office shall not be required to |
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38 | | - | issue such notice when the office expands program eligibility. Any |
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39 | | - | change in the office's acceptance of new applications, eligibility |
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40 | | - | requirements, program benefits or any other change to the program's |
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41 | | - | status or terms for which the office is required to give notice pursuant |
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42 | | - | to this subsection, shall not be effective until thirty days after the office |
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43 | | - | issues such notice. |
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44 | | - | (b) The commissioner shall establish income standards for |
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45 | | - | applicants and recipients at a level to include a family with gross |
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46 | | - | income up to fifty per cent of the state-wide median income, except the |
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47 | | - | commissioner (1) may increase the income level [to up to seventy-five |
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48 | | - | per cent of the state-wide median income] up to the maximum level |
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49 | | - | allowed under federal law, (2) upon the request of the Commissioner |
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50 | | - | of Children and Families, may waive the income standards for |
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51 | | - | adoptive families so that children adopted on or after October 1, 1999, |
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52 | | - | from the Department of Children and Families are eligible for the child |
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53 | | - | care subsidy program, and (3) on and after March 1, 2003, shall reduce |
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54 | | - | the income eligibility level to up to fifty-five per cent of the state-wide |
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55 | | - | median income for applicants and recipients who qualify based on |
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56 | | - | their loss of eligibility for temporary family assistance. The |
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57 | | - | commissioner may adopt regulations in accordance with chapter 54 to |
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58 | | - | establish income criteria and durational requirements for such waiver |
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59 | | - | of income standards. |
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60 | | - | (c) The commissioner, in consultation with the Commissioner of |
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61 | | - | Social Services, shall establish eligibility and program standards |
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62 | | - | including, but not limited to: (1) A priority intake and eligibility |
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63 | | - | system with preference given to serving (A) recipients of temporary |
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64 | | - | family assistance who are employed or engaged in employment |
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65 | | - | activities under the Department of Social Services' "Jobs First" Substitute Senate Bill No. 936 |
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| 40 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
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| 41 | + | R02-SB.docx } |
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| 42 | + | 2 of 18 |
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67 | | - | Public Act No. 19-121 3 of 21 |
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| 44 | + | requirements, changes program benefits or makes any other change to 20 |
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| 45 | + | the program's status or terms, except the office shall not be required to 21 |
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| 46 | + | issue such notice when the office expands program eligibility. Any 22 |
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| 47 | + | change in the office's acceptance of new applications, eligibility 23 |
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| 48 | + | requirements, program benefits or any other change to the program's 24 |
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| 49 | + | status or terms for which the office is required to give notice pursuant 25 |
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| 50 | + | to this subsection, shall not be effective until thirty days after the office 26 |
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| 51 | + | issues such notice. 27 |
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| 52 | + | (b) The commissioner shall establish income standards for 28 |
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| 53 | + | applicants and recipients at a level to include a family with gross 29 |
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| 54 | + | income up to fifty per cent of the state-wide median income, except the 30 |
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| 55 | + | commissioner (1) may increase the income level [to up to seventy-five 31 |
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| 56 | + | per cent of the state-wide median income] up to the maximum level 32 |
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| 57 | + | allowed under federal law, (2) upon the request of the Commissioner 33 |
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| 58 | + | of Children and Families, may waive the income standards for 34 |
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| 59 | + | adoptive families so that children adopted on or after October 1, 1999, 35 |
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| 60 | + | from the Department of Children and Families are eligible for the child 36 |
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| 61 | + | care subsidy program, and (3) on and after March 1, 2003, shall reduce 37 |
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| 62 | + | the income eligibility level to up to fifty-five per cent of the state-wide 38 |
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| 63 | + | median income for applicants and recipients who qualify based on 39 |
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| 64 | + | their loss of eligibility for temporary family assistance. The 40 |
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| 65 | + | commissioner may adopt regulations in accordance with chapter 54 to 41 |
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| 66 | + | establish income criteria and durational requirements for such waiver 42 |
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| 67 | + | of income standards. 43 |
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| 68 | + | (c) The commissioner, in consultation with the Commissioner of 44 |
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| 69 | + | Social Services, shall establish eligibility and program standards 45 |
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| 70 | + | including, but not limited to: (1) A priority intake and eligibility 46 |
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| 71 | + | system with preference given to serving (A) recipients of temporary 47 |
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| 72 | + | family assistance who are employed or engaged in employment 48 |
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| 73 | + | activities under the Department of Social Services' "Jobs First" 49 |
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| 74 | + | program, (B) working families whose temporary family assistance was 50 |
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| 75 | + | discontinued not more than five years prior to the date of application 51 |
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| 76 | + | for the child care subsidy program, (C) teen parents, (D) low-income 52 Substitute Bill No. 936 |
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69 | | - | program, (B) working families whose temporary family assistance was |
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70 | | - | discontinued not more than five years prior to the date of application |
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71 | | - | for the child care subsidy program, (C) teen parents, (D) low-income |
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72 | | - | working families, (E) adoptive families of children who were adopted |
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73 | | - | from the Department of Children and Families and who are granted a |
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74 | | - | waiver of income standards under subdivision (2) of subsection (b) of |
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75 | | - | this section, and (F) working families who are at risk of welfare |
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76 | | - | dependency; [, and (G) any household with a child or children |
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77 | | - | participating in the Early Head Start-Child Care Partnership federal |
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78 | | - | grant program for a period of up to twelve months based on Early |
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79 | | - | Head Start eligibility criteria;] (2) health and safety standards for child |
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80 | | - | care providers not required to be licensed; (3) a reimbursement system |
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81 | | - | for child care services which account for differences in the age of the |
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82 | | - | child, number of children in the family, the geographic region and type |
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83 | | - | of care provided by licensed and unlicensed caregivers, the cost and |
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84 | | - | type of services provided by licensed and unlicensed caregivers, |
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85 | | - | successful completion of fifteen hours of annual in-service training or |
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86 | | - | credentialing of child care directors and administrators, and program |
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87 | | - | accreditation; (4) supplemental payment for special needs of the child |
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88 | | - | and extended nontraditional hours; (5) an annual rate review process |
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89 | | - | for providers which assures that reimbursement rates are maintained |
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90 | | - | at levels which permit equal access to a variety of child care settings; |
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91 | | - | (6) a sliding reimbursement scale for participating families; (7) an |
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92 | | - | administrative appeals process; (8) an administrative hearing process |
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93 | | - | to adjudicate cases of alleged fraud and abuse and to impose sanctions |
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94 | | - | and recover overpayments; (9) an extended period of program and |
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95 | | - | payment eligibility when a parent who is receiving a child care |
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96 | | - | subsidy experiences a temporary interruption in employment or other |
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97 | | - | approved activity; and (10) a waiting list for the child care subsidy |
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98 | | - | program that (A) allows the commissioner to exercise discretion in |
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99 | | - | prioritizing within and between existing priority groups, including, |
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100 | | - | but not limited to, children described in 45 CFR 98.46, as amended |
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101 | | - | from time to time, and households with an infant or toddler, and (B) Substitute Senate Bill No. 936 |
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105 | | - | reflects the priority and eligibility system set forth in subdivision (1) of |
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106 | | - | this subsection, which is reviewed periodically, with the inclusion of |
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107 | | - | this information in the annual report required to be issued annually by |
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108 | | - | the office to the Governor and the General Assembly in accordance |
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109 | | - | with section 17b-733. Such action will include, but not be limited to, |
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110 | | - | family income, age of child, region of state and length of time on such |
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111 | | - | waiting list. |
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112 | | - | Sec. 2. Section 19a-79 of the general statutes is amended by adding |
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113 | | - | subsection (f) as follows (Effective July 1, 2019): |
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114 | | - | (NEW) (f) Any child care center or group child care home may |
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115 | | - | provide child care services to a foster child for a period not to exceed |
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116 | | - | forty-five days without complying with any provision in regulations |
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117 | | - | adopted pursuant to this section relating to immunization and physical |
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118 | | - | examination requirements. Any child care center or group child care |
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119 | | - | home that provides child care services to a foster child at such center |
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120 | | - | or home under this subsection shall maintain a record on file of such |
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121 | | - | foster child for a period of two years after such foster child is no longer |
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122 | | - | receiving child care services at such center or home. For purposes of |
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123 | | - | this subsection, "foster child" means a child who is in the care and |
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124 | | - | custody of the Commissioner of Children and Families and placed in a |
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125 | | - | foster home licensed pursuant to section 17a-114, foster home |
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126 | | - | approved by a child-placing agency licensed pursuant to section 17a- |
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127 | | - | 149, facility licensed pursuant to section 17a-145 or with a relative or |
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128 | | - | fictive kin caregiver pursuant to section 17a-114. |
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129 | | - | Sec. 3. Section 19a-87b of the general statutes is amended by adding |
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130 | | - | subsection (i) as follows (Effective July 1, 2019): |
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131 | | - | (NEW) (i) Any family child care home may provide child care |
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132 | | - | services to a foster child for a period not to exceed forty-five days |
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133 | | - | without complying with any provision in regulations adopted |
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134 | | - | pursuant to this section relating to immunization and physical Substitute Senate Bill No. 936 |
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| 83 | + | working families, (E) adoptive families of children who were adopted 53 |
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| 84 | + | from the Department of Children and Families and who are granted a 54 |
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| 85 | + | waiver of income standards under subdivision (2) of subsection (b) of 55 |
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| 86 | + | this section, and (F) working families who are at risk of welfare 56 |
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| 87 | + | dependency; [, and (G) any household with a child or children 57 |
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| 88 | + | participating in the Early Head Start-Child Care Partnership federal 58 |
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| 89 | + | grant program for a period of up to twelve months based on Early 59 |
---|
| 90 | + | Head Start eligibility criteria;] (2) health and safety standards for child 60 |
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| 91 | + | care providers not required to be licensed; (3) a reimbursement system 61 |
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| 92 | + | for child care services which account for differences in the age of the 62 |
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| 93 | + | child, number of children in the family, the geographic region and type 63 |
---|
| 94 | + | of care provided by licensed and unlicensed caregivers, the cost and 64 |
---|
| 95 | + | type of services provided by licensed and unlicensed caregivers, 65 |
---|
| 96 | + | successful completion of fifteen hours of annual in-service training or 66 |
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| 97 | + | credentialing of child care directors and administrators, and program 67 |
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| 98 | + | accreditation; (4) supplemental payment for special needs of the child 68 |
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| 99 | + | and extended nontraditional hours; (5) an annual rate review process 69 |
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| 100 | + | for providers which assures that reimbursement rates are maintained 70 |
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| 101 | + | at levels which permit equal access to a variety of child care settings; 71 |
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| 102 | + | (6) a sliding reimbursement scale for participating families; (7) an 72 |
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| 103 | + | administrative appeals process; (8) an administrative hearing process 73 |
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| 104 | + | to adjudicate cases of alleged fraud and abuse and to impose sanctions 74 |
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| 105 | + | and recover overpayments; (9) an extended period of program and 75 |
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| 106 | + | payment eligibility when a parent who is receiving a child care 76 |
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| 107 | + | subsidy experiences a temporary interruption in employment or other 77 |
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| 108 | + | approved activity; and (10) a waiting list for the child care subsidy 78 |
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| 109 | + | program that (A) allows the commissioner to exercise discretion in 79 |
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| 110 | + | prioritizing within and between existing priority groups, including, 80 |
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| 111 | + | but not limited to, children described in 45 CFR 98.46, as amended 81 |
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| 112 | + | from time to time, and households with an infant or toddler, and (B) 82 |
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| 113 | + | reflects the priority and eligibility system set forth in subdivision (1) of 83 |
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| 114 | + | this subsection, which is reviewed periodically, with the inclusion of 84 |
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| 115 | + | this information in the annual report required to be issued annually by 85 |
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| 116 | + | the office to the Governor and the General Assembly in accordance 86 |
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| 117 | + | with section 17b-733. Such action will include, but not be limited to, 87 Substitute Bill No. 936 |
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138 | | - | examination requirements. Any family child care home that provides |
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139 | | - | child care services to a foster child at such home under this subsection |
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140 | | - | shall maintain a record on file of such foster child for a period of two |
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141 | | - | years after such foster child is no longer receiving child care services at |
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142 | | - | such home. For purposes of this subsection, "foster child" means a |
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143 | | - | child who is in the care and custody of the Commissioner of Children |
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144 | | - | and Families and placed in a foster home licensed pursuant to section |
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145 | | - | 17a-114, foster home approved by a child-placing agency licensed |
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146 | | - | pursuant to section 17a-149, facility licensed pursuant to section 17a- |
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147 | | - | 145 or with a relative or fictive kin caregiver pursuant to section 17a- |
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148 | | - | 114. |
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149 | | - | Sec. 4. Section 10-530 of the general statutes is repealed and the |
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150 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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151 | | - | (a) As used in this section: |
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152 | | - | (1) "Child care facility" means a "child care center", "group child care |
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153 | | - | home" or "family child care home" that provides "child care services", |
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154 | | - | each as described in section 19a-77, or any provider of child care |
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155 | | - | services under the child care subsidy program established pursuant to |
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156 | | - | section 17b-749, as amended by this act; |
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157 | | - | (2) "Child care services provider or staff member" means any person |
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158 | | - | who is (A) a licensee, employee, volunteer or alternate staff, assistant, |
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159 | | - | substitute or household member of a child care facility, (B) a family |
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160 | | - | child care provider, or (C) any other person who provides child care |
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161 | | - | services under the child care subsidy program established pursuant to |
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162 | | - | section 17b-749, as amended by this act, but does not include a person |
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163 | | - | who is providing child care services under the child care subsidy |
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164 | | - | program (i) exclusively to children with whom such person is related, |
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165 | | - | and (ii) without being issued a license to provide child care services by |
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166 | | - | the Office of Early Childhood; and Substitute Senate Bill No. 936 |
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| 120 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
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| 121 | + | R02-SB.docx } |
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| 122 | + | 4 of 18 |
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168 | | - | Public Act No. 19-121 6 of 21 |
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| 124 | + | family income, age of child, region of state and length of time on such 88 |
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| 125 | + | waiting list. 89 |
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| 126 | + | Sec. 2. Section 19a-79 of the general statutes is amended by adding 90 |
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| 127 | + | subsection (f) as follows (Effective July 1, 2019): 91 |
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| 128 | + | (NEW) (f) Any child care center or group child care home may 92 |
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| 129 | + | provide child care services to a foster child for a period not to exceed 93 |
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| 130 | + | forty-five days without complying with any provision in regulations 94 |
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| 131 | + | adopted pursuant to this section relating to immunization and physical 95 |
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| 132 | + | examination requirements. Any child care center or group child care 96 |
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| 133 | + | home that provides child care services to a foster child at such center 97 |
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| 134 | + | or home under this subsection shall maintain a record on file of such 98 |
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| 135 | + | foster child for a period of two years after such foster child is no longer 99 |
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| 136 | + | receiving child care services at such center or home. For purposes of 100 |
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| 137 | + | this subsection, "foster child" means a child who is in the care and 101 |
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| 138 | + | custody of the Commissioner of Children and Families and placed in a 102 |
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| 139 | + | foster home licensed pursuant to section 17a-114, foster home 103 |
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| 140 | + | approved by a child-placing agency licensed pursuant to section 17a-104 |
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| 141 | + | 149 or facility licensed pursuant to section 17a-145. 105 |
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| 142 | + | Sec. 3. Section 19a-87b of the general statutes is amended by adding 106 |
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| 143 | + | subsection (i) as follows (Effective July 1, 2019): 107 |
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| 144 | + | (NEW) (i) Any family child care home may provide child care 108 |
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| 145 | + | services to a foster child for a period not to exceed forty-five days 109 |
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| 146 | + | without complying with any provision in regulations adopted 110 |
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| 147 | + | pursuant to this section relating to immunization and physical 111 |
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| 148 | + | examination requirements. Any family child care home that provides 112 |
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| 149 | + | child care services to a foster child at such home under this subsection 113 |
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| 150 | + | shall maintain a record on file of such foster child for a period of two 114 |
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| 151 | + | years after such foster child is no longer receiving child care services at 115 |
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| 152 | + | such home. For purposes of this subsection, "foster child" means a 116 |
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| 153 | + | child who is in the care and custody of the Commissioner of Children 117 |
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| 154 | + | and Families and placed in a foster home licensed pursuant to section 118 |
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| 155 | + | 17a-114, foster home approved by a child-placing agency licensed 119 Substitute Bill No. 936 |
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170 | | - | (3) "Family child care provider" means any person who provides |
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171 | | - | child care services under the child care subsidy program established |
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172 | | - | pursuant to section 17b-749, as amended by this act, (A) in a family |
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173 | | - | child care home, as defined in section 19a-77, or (B) in a home not |
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174 | | - | requiring a license pursuant to subdivision (4) of subsection (b) of |
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175 | | - | section 19a-77. |
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176 | | - | (b) The comprehensive background checks required pursuant to |
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177 | | - | subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and |
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178 | | - | subsection (a) of section 17b-749k, shall be conducted at least once |
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179 | | - | every five years for each child care services provider or staff member |
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180 | | - | in accordance with the provisions of 45 CFR 98.43, as amended from |
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181 | | - | time to time. |
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182 | | - | (c) Any person who applies for a position at a child care facility in |
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183 | | - | the state shall not be required to submit to such comprehensive |
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184 | | - | background checks if such person (1) is an employee of a child care |
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185 | | - | facility in the state, or [was previously an employee of a child care |
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186 | | - | facility in the state during the previous one hundred eighty days] has |
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187 | | - | not been separated from employment as a child care services provider |
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188 | | - | or staff member in the state for a period of more than one hundred |
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189 | | - | eighty days, and (2) has successfully completed such comprehensive |
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190 | | - | background checks in the previous five years. Nothing in this section |
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191 | | - | prohibits the Commissioner of Early Childhood from requiring that |
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192 | | - | [an employee or prospective employee of a child care facility to] a |
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193 | | - | person applying for a position as a child care services provider or staff |
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194 | | - | member submit to comprehensive background checks more than once |
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195 | | - | during a five-year period. [For purposes of this section, "child care |
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196 | | - | facility" means a child care center, group child care home or family |
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197 | | - | child care home that provides "child care services", as described in |
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198 | | - | section 19a-77, and the home of a family child care provider, as defined |
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199 | | - | in section 17b-705.] |
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200 | | - | Sec. 5. Section 19a-84 of the general statutes is repealed and the Substitute Senate Bill No. 936 |
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204 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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205 | | - | (a) When the Commissioner of Early Childhood has reason to |
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206 | | - | believe any person licensed under sections 19a-77 to 19a-80, inclusive, |
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207 | | - | and sections 19a-82 to 19a-87, inclusive, has failed substantially to |
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208 | | - | comply with the regulations adopted under said sections, the |
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209 | | - | commissioner may notify the licensee in writing of the commissioner's |
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210 | | - | intention to suspend or revoke the license or to impose a licensure |
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211 | | - | action. Such notice shall be served by certified mail stating the |
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212 | | - | particular reasons for the proposed action. The licensee may, if |
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213 | | - | aggrieved by such intended action, make application for a hearing in |
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214 | | - | writing over the licensee's signature to the commissioner. The licensee |
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215 | | - | shall state in the application in plain language the reasons why the |
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216 | | - | licensee claims to be aggrieved. The application shall be delivered to |
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217 | | - | the commissioner not later than thirty days after the licensee's receipt |
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218 | | - | of notification of the intended action. The commissioner shall |
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219 | | - | thereupon hold a hearing or cause a hearing to be held not later than |
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220 | | - | sixty days after receipt of such application and shall, at least ten days |
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221 | | - | prior to the date of such hearing, mail a notice, giving the time and |
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222 | | - | place of the hearing, to the licensee. The hearing may be conducted by |
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223 | | - | the commissioner or by a hearing officer appointed by the |
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224 | | - | commissioner in writing. The licensee and the commissioner or |
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225 | | - | hearing officer may issue subpoenas requiring the attendance of |
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226 | | - | witnesses. The licensee shall be entitled to be represented by counsel |
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227 | | - | and a transcript of the hearing shall be made. If the hearing is |
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228 | | - | conducted by a hearing officer, the hearing officer shall state the |
---|
229 | | - | hearing officer's findings and make a recommendation to the |
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230 | | - | commissioner on the issue of revocation or suspension or the intended |
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231 | | - | licensure action. The commissioner, based upon the findings and |
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232 | | - | recommendation of the hearing officer, or after a hearing conducted by |
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233 | | - | the commissioner, shall render the commissioner's decision in writing |
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234 | | - | suspending, revoking or continuing the license or regarding the |
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235 | | - | intended licensure action. A copy of the decision shall be sent by Substitute Senate Bill No. 936 |
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| 162 | + | pursuant to section 17a-149 or facility licensed pursuant to section 17a-120 |
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| 163 | + | 145. 121 |
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| 164 | + | Sec. 4. Section 10-530 of the general statutes is repealed and the 122 |
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| 165 | + | following is substituted in lieu thereof (Effective July 1, 2019): 123 |
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| 166 | + | (a) As used in this section: 124 |
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| 167 | + | (1) "Child care facility" means a "child care center", "group child care 125 |
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| 168 | + | home" or "family child care home" that provides "child care services", 126 |
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| 169 | + | each as described in section 19a-77, or any provider of child care 127 |
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| 170 | + | services under the child care subsidy program established pursuant to 128 |
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| 171 | + | section 17b-749, as amended by this act; 129 |
---|
| 172 | + | (2) "Child care services provider or staff member" means any person 130 |
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| 173 | + | who is (A) a licensee, employee, volunteer or alternate staff, assistant, 131 |
---|
| 174 | + | substitute or household member of a child care facility, (B) a family 132 |
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| 175 | + | child care provider, or (C) any other person who provides child care 133 |
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| 176 | + | services under the child care subsidy program established pursuant to 134 |
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| 177 | + | section 17b-749, as amended by this act; and 135 |
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| 178 | + | (3) "Family child care provider" means any person who provides 136 |
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| 179 | + | child care services under the child care subsidy program established 137 |
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| 180 | + | pursuant to section 17b-749, as amended by this act, (A) in a family 138 |
---|
| 181 | + | child care home, as defined in section 19a-77, or (B) in a home not 139 |
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| 182 | + | requiring a license pursuant to subdivision (4) of subsection (b) of 140 |
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| 183 | + | section 19a-77. 141 |
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| 184 | + | (b) The comprehensive background checks required pursuant to 142 |
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| 185 | + | subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and 143 |
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| 186 | + | subsection (a) of section 17b-749k, shall be conducted at least once 144 |
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| 187 | + | every five years for each child care services provider or staff member 145 |
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| 188 | + | in accordance with the provisions of 45 CFR 98.43, as amended from 146 |
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| 189 | + | time to time. 147 |
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| 190 | + | (c) Any person who applies for a position at a child care facility in 148 |
---|
| 191 | + | the state shall not be required to submit to such comprehensive 149 Substitute Bill No. 936 |
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239 | | - | certified mail to the licensee. The decision revoking or suspending the |
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240 | | - | license or a decision imposing a licensure action shall become effective |
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241 | | - | thirty days after it is mailed by registered or certified mail to the |
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242 | | - | licensee. A licensee aggrieved by the decision of the commissioner may |
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243 | | - | appeal as provided in section 19a-85. Any licensee whose license has |
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244 | | - | been revoked pursuant to this subsection shall be ineligible to apply |
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245 | | - | for a license for a period of one year from the effective date of |
---|
246 | | - | revocation. |
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247 | | - | (b) The provisions of this section shall not apply to the denial of an |
---|
248 | | - | initial application for a license under sections 19a-77 to 19a-80, |
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249 | | - | inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner |
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250 | | - | shall notify the applicant of any such denial and the reasons for such |
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251 | | - | denial by mailing written notice to the applicant at the applicant's |
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252 | | - | address shown on the license application. |
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253 | | - | (c) If the commissioner finds that public health, safety or welfare |
---|
254 | | - | imperatively requires emergency action, and incorporates a finding to |
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255 | | - | that effect in his or her order, the commissioner may order summary |
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256 | | - | suspension or summary probation of a license issued under sections |
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257 | | - | 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending |
---|
258 | | - | proceedings for revocation or other action. These proceedings shall be |
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259 | | - | promptly instituted and determined. |
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260 | | - | Sec. 6. Section 19a-87e of the general statutes is repealed and the |
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261 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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262 | | - | (a) The Commissioner of Early Childhood may (1) refuse to license |
---|
263 | | - | under section 19a-87b, as amended by this act, a person to own, |
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264 | | - | conduct, operate or maintain a family child care home, as defined in |
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265 | | - | section 19a-77, (2) refuse to approve under section 19a-87b, as |
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266 | | - | amended by this act, a person to act as an assistant or substitute staff |
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267 | | - | member in a family child care home, as defined in section 19a-77, or (3) |
---|
268 | | - | suspend or revoke the license or approval or take any other action that Substitute Senate Bill No. 936 |
---|
| 194 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
---|
| 195 | + | R02-SB.docx } |
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| 196 | + | 6 of 18 |
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270 | | - | Public Act No. 19-121 9 of 21 |
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| 198 | + | background checks if such person (1) is an employee of a child care 150 |
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| 199 | + | facility in the state, or [was previously an employee of a child care 151 |
---|
| 200 | + | facility in the state during the previous one hundred eighty days] has 152 |
---|
| 201 | + | not been separated from employment as a child care services provider 153 |
---|
| 202 | + | or staff member in the state for a period of more than one hundred 154 |
---|
| 203 | + | eighty days, and (2) has successfully completed such comprehensive 155 |
---|
| 204 | + | background checks in the previous five years. Nothing in this section 156 |
---|
| 205 | + | prohibits the Commissioner of Early Childhood from requiring that 157 |
---|
| 206 | + | [an employee or prospective employee of a child care facility to] a 158 |
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| 207 | + | person applying for a position as a child care services provider or staff 159 |
---|
| 208 | + | member submit to comprehensive background checks more than once 160 |
---|
| 209 | + | during a five-year period. [For purposes of this section, "child care 161 |
---|
| 210 | + | facility" means a child care center, group child care home or family 162 |
---|
| 211 | + | child care home that provides "child care services", as described in 163 |
---|
| 212 | + | section 19a-77, and the home of a family child care provider, as defined 164 |
---|
| 213 | + | in section 17b-705.] 165 |
---|
| 214 | + | Sec. 5. Section 19a-84 of the general statutes is repealed and the 166 |
---|
| 215 | + | following is substituted in lieu thereof (Effective July 1, 2019): 167 |
---|
| 216 | + | (a) When the Commissioner of Early Childhood has reason to 168 |
---|
| 217 | + | believe any person licensed under sections 19a-77 to 19a-80, inclusive, 169 |
---|
| 218 | + | and sections 19a-82 to 19a-87, inclusive, has failed substantially to 170 |
---|
| 219 | + | comply with the regulations adopted under said sections, the 171 |
---|
| 220 | + | commissioner may notify the licensee in writing of the commissioner's 172 |
---|
| 221 | + | intention to suspend or revoke the license or to impose a licensure 173 |
---|
| 222 | + | action. Such notice shall be served by certified mail stating the 174 |
---|
| 223 | + | particular reasons for the proposed action. The licensee may, if 175 |
---|
| 224 | + | aggrieved by such intended action, make application for a hearing in 176 |
---|
| 225 | + | writing over the licensee's signature to the commissioner. The licensee 177 |
---|
| 226 | + | shall state in the application in plain language the reasons why the 178 |
---|
| 227 | + | licensee claims to be aggrieved. The application shall be delivered to 179 |
---|
| 228 | + | the commissioner not later than thirty days after the licensee's receipt 180 |
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| 229 | + | of notification of the intended action. The commissioner shall 181 |
---|
| 230 | + | thereupon hold a hearing or cause a hearing to be held not later than 182 Substitute Bill No. 936 |
---|
272 | | - | may be set forth in regulation that may be adopted pursuant to section |
---|
273 | | - | 19a-79, as amended by this act, if the person who owns, conducts, |
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274 | | - | maintains or operates the family child care home, the person who acts |
---|
275 | | - | as an assistant or substitute staff member in a family child care home, a |
---|
276 | | - | person employed in such family child care home in a position |
---|
277 | | - | connected with the provision of care to a child receiving child care |
---|
278 | | - | services or a household member, as defined in subsection (c) of section |
---|
279 | | - | 19a-87b, who is sixteen years of age or older and resides therein, has |
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280 | | - | been convicted, in this state or any other state of a felony, as defined in |
---|
281 | | - | section 53a-25, involving the use, attempted use or threatened use of |
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282 | | - | physical force against another person, or has a criminal record in this |
---|
283 | | - | state or any other state that the commissioner reasonably believes |
---|
284 | | - | renders the person unsuitable to own, conduct, operate or maintain or |
---|
285 | | - | be employed by a family child care home, or act as an assistant or |
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286 | | - | substitute staff member in a family child care home, or if such persons |
---|
287 | | - | or a household member has been convicted in this state or any other |
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288 | | - | state of cruelty to persons under section 53-20, injury or risk of injury |
---|
289 | | - | to or impairing morals of children under section 53-21, abandonment |
---|
290 | | - | of children under the age of six years under section 53-23, or any |
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291 | | - | felony where the victim of the felony is a child under eighteen years of |
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292 | | - | age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a- |
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293 | | - | 72b or 53a-73a, illegal manufacture, distribution, sale, prescription, |
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294 | | - | dispensing or administration under section 21a-277 or 21a-278, or |
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295 | | - | illegal possession under section 21a-279, or if such person, a person |
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296 | | - | who acts as assistant or substitute staff member in a family child care |
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297 | | - | home or a person employed in such family child care home in a |
---|
298 | | - | position connected with the provision of care to a child receiving child |
---|
299 | | - | care services, either fails to substantially comply with the regulations |
---|
300 | | - | adopted pursuant to section 19a-87b, as amended by this act, or |
---|
301 | | - | conducts, operates or maintains the home in a manner which |
---|
302 | | - | endangers the health, safety and welfare of the children receiving child |
---|
303 | | - | care services. Any refusal of a license or approval pursuant to this |
---|
304 | | - | section shall be rendered in accordance with the provisions of sections Substitute Senate Bill No. 936 |
---|
308 | | - | 46a-79 to 46a-81, inclusive. Any person whose license or approval has |
---|
309 | | - | been revoked pursuant to this section shall be ineligible to apply for a |
---|
310 | | - | license or approval for a period of one year from the effective date of |
---|
311 | | - | revocation. |
---|
312 | | - | (b) When the commissioner intends to suspend or revoke a license |
---|
313 | | - | or approval or take any other action against a license or approval set |
---|
314 | | - | forth in regulation adopted pursuant to section 19a-79, as amended by |
---|
315 | | - | this act, the commissioner shall notify the licensee or approved staff |
---|
316 | | - | member in writing of the commissioner's intended action. The licensee |
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317 | | - | or approved staff member may, if aggrieved by such intended action, |
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318 | | - | make application for a hearing in writing over the licensee's or |
---|
319 | | - | approved staff member's signature to the commissioner. The licensee |
---|
320 | | - | or approved staff member shall state in the application in plain |
---|
321 | | - | language the reasons why the licensee or approved staff member |
---|
322 | | - | claims to be aggrieved. The application shall be delivered to the |
---|
323 | | - | commissioner within thirty days of the licensee's or approved staff |
---|
324 | | - | member's receipt of notification of the intended action. The |
---|
325 | | - | commissioner shall thereupon hold a hearing within sixty days from |
---|
326 | | - | receipt of such application and shall, at least ten days prior to the date |
---|
327 | | - | of such hearing, mail a notice, giving the time and place of the hearing, |
---|
328 | | - | to the licensee or approved staff member. The provisions of this |
---|
329 | | - | subsection shall not apply to the denial of an initial application for a |
---|
330 | | - | license or approval under section 19a-87b, as amended by this act, |
---|
331 | | - | provided the commissioner shall notify the applicant of any such |
---|
332 | | - | denial and the reasons for such denial by mailing written notice to the |
---|
333 | | - | applicant at the applicant's address shown on the license or approval |
---|
334 | | - | application. |
---|
335 | | - | (c) Any person who is licensed to conduct, operate or maintain a |
---|
336 | | - | family child care home or approved to act as an assistant or substitute |
---|
337 | | - | staff member in a family child care home shall notify the commissioner |
---|
338 | | - | of any conviction of the owner, conductor, operator or maintainer of Substitute Senate Bill No. 936 |
---|
| 237 | + | sixty days after receipt of such application and shall, at least ten days 183 |
---|
| 238 | + | prior to the date of such hearing, mail a notice, giving the time and 184 |
---|
| 239 | + | place of the hearing, to the licensee. The hearing may be conducted by 185 |
---|
| 240 | + | the commissioner or by a hearing officer appointed by the 186 |
---|
| 241 | + | commissioner in writing. The licensee and the commissioner or 187 |
---|
| 242 | + | hearing officer may issue subpoenas requiring the attendance of 188 |
---|
| 243 | + | witnesses. The licensee shall be entitled to be represented by counsel 189 |
---|
| 244 | + | and a transcript of the hearing shall be made. If the hearing is 190 |
---|
| 245 | + | conducted by a hearing officer, the hearing officer shall state the 191 |
---|
| 246 | + | hearing officer's findings and make a recommendation to the 192 |
---|
| 247 | + | commissioner on the issue of revocation or suspension or the intended 193 |
---|
| 248 | + | licensure action. The commissioner, based upon the findings and 194 |
---|
| 249 | + | recommendation of the hearing officer, or after a hearing conducted by 195 |
---|
| 250 | + | the commissioner, shall render the commissioner's decision in writing 196 |
---|
| 251 | + | suspending, revoking or continuing the license or regarding the 197 |
---|
| 252 | + | intended licensure action. A copy of the decision shall be sent by 198 |
---|
| 253 | + | certified mail to the licensee. The decision revoking or suspending the 199 |
---|
| 254 | + | license or a decision imposing a licensure action shall become effective 200 |
---|
| 255 | + | thirty days after it is mailed by registered or certified mail to the 201 |
---|
| 256 | + | licensee. A licensee aggrieved by the decision of the commissioner may 202 |
---|
| 257 | + | appeal as provided in section 19a-85. Any licensee whose license has 203 |
---|
| 258 | + | been revoked pursuant to this subsection shall be ineligible to apply 204 |
---|
| 259 | + | for a license for a period of one year from the effective date of 205 |
---|
| 260 | + | revocation. 206 |
---|
| 261 | + | (b) The provisions of this section shall not apply to the denial of an 207 |
---|
| 262 | + | initial application for a license under sections 19a-77 to 19a-80, 208 |
---|
| 263 | + | inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner 209 |
---|
| 264 | + | shall notify the applicant of any such denial and the reasons for such 210 |
---|
| 265 | + | denial by mailing written notice to the applicant at the applicant's 211 |
---|
| 266 | + | address shown on the license application. 212 |
---|
| 267 | + | (c) If the commissioner finds that public health, safety or welfare 213 |
---|
| 268 | + | imperatively requires emergency action, and incorporates a finding to 214 |
---|
| 269 | + | that effect in his or her order, the commissioner may order summary 215 Substitute Bill No. 936 |
---|
342 | | - | the family child care home or of any household member, as defined in |
---|
343 | | - | subsection (c) of section 19a-87b, who is sixteen years of age or older, |
---|
344 | | - | or any person employed in such family child care home in a position |
---|
345 | | - | connected with the provision of care to a child receiving child care |
---|
346 | | - | services, of a crime which affects the commissioner's discretion under |
---|
347 | | - | subsection (a) of this section, immediately upon obtaining knowledge |
---|
348 | | - | of such conviction. Failure to comply with the notification requirement |
---|
349 | | - | of this subsection may result in the suspension or revocation of the |
---|
350 | | - | license or approval or the taking of any other action against a license or |
---|
351 | | - | approval set forth in regulation adopted pursuant to section 19a-79, as |
---|
352 | | - | amended by this act, and shall subject the licensee or approved staff |
---|
353 | | - | member to a civil penalty of not more than one hundred dollars per |
---|
354 | | - | day for each day after the person obtained knowledge of the |
---|
355 | | - | conviction. |
---|
356 | | - | (d) It shall be a class A misdemeanor for any person seeking |
---|
357 | | - | employment in a position connected with the provision of care to a |
---|
358 | | - | child receiving family child care home services to make a false written |
---|
359 | | - | statement regarding prior criminal convictions pursuant to a form |
---|
360 | | - | bearing notice to the effect that such false statements are punishable, |
---|
361 | | - | which statement such person does not believe to be true and is |
---|
362 | | - | intended to mislead the prospective employer. |
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363 | | - | (e) Any person having reasonable cause to believe that a family |
---|
364 | | - | child care home, as defined in section 19a-77, is operating without a |
---|
365 | | - | current and valid license or in violation of the regulations adopted |
---|
366 | | - | under section 19a-87b, as amended by this act, or in a manner which |
---|
367 | | - | may pose a potential danger to the health, welfare and safety of a child |
---|
368 | | - | receiving child care services, may report such information to the Office |
---|
369 | | - | of Early Childhood. The office shall investigate any report or |
---|
370 | | - | complaint received pursuant to this subsection. The name of the |
---|
371 | | - | person making the report or complaint shall not be disclosed unless (1) |
---|
372 | | - | such person consents to such disclosure, (2) a judicial or administrative Substitute Senate Bill No. 936 |
---|
| 272 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
---|
| 273 | + | R02-SB.docx } |
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| 274 | + | 8 of 18 |
---|
374 | | - | Public Act No. 19-121 12 of 21 |
---|
| 276 | + | suspension or summary probation of a license issued under sections 216 |
---|
| 277 | + | 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, pending 217 |
---|
| 278 | + | proceedings for revocation or other action. These proceedings shall be 218 |
---|
| 279 | + | promptly instituted and determined. 219 |
---|
| 280 | + | Sec. 6. Section 19a-87e of the general statutes is repealed and the 220 |
---|
| 281 | + | following is substituted in lieu thereof (Effective July 1, 2019): 221 |
---|
| 282 | + | (a) The Commissioner of Early Childhood may (1) refuse to license 222 |
---|
| 283 | + | under section 19a-87b, as amended by this act, a person to own, 223 |
---|
| 284 | + | conduct, operate or maintain a family child care home, as defined in 224 |
---|
| 285 | + | section 19a-77, (2) refuse to approve under section 19a-87b, as 225 |
---|
| 286 | + | amended by this act, a person to act as an assistant or substitute staff 226 |
---|
| 287 | + | member in a family child care home, as defined in section 19a-77, or (3) 227 |
---|
| 288 | + | suspend or revoke the license or approval or take any other action that 228 |
---|
| 289 | + | may be set forth in regulation that may be adopted pursuant to section 229 |
---|
| 290 | + | 19a-79, as amended by this act, if the person who owns, conducts, 230 |
---|
| 291 | + | maintains or operates the family child care home, the person who acts 231 |
---|
| 292 | + | as an assistant or substitute staff member in a family child care home, a 232 |
---|
| 293 | + | person employed in such family child care home in a position 233 |
---|
| 294 | + | connected with the provision of care to a child receiving child care 234 |
---|
| 295 | + | services or a household member, as defined in subsection (c) of section 235 |
---|
| 296 | + | 19a-87b, who is sixteen years of age or older and resides therein, has 236 |
---|
| 297 | + | been convicted, in this state or any other state of a felony, as defined in 237 |
---|
| 298 | + | section 53a-25, involving the use, attempted use or threatened use of 238 |
---|
| 299 | + | physical force against another person, or has a criminal record in this 239 |
---|
| 300 | + | state or any other state that the commissioner reasonably believes 240 |
---|
| 301 | + | renders the person unsuitable to own, conduct, operate or maintain or 241 |
---|
| 302 | + | be employed by a family child care home, or act as an assistant or 242 |
---|
| 303 | + | substitute staff member in a family child care home, or if such persons 243 |
---|
| 304 | + | or a household member has been convicted in this state or any other 244 |
---|
| 305 | + | state of cruelty to persons under section 53-20, injury or risk of injury 245 |
---|
| 306 | + | to or impairing morals of children under section 53-21, abandonment 246 |
---|
| 307 | + | of children under the age of six years under section 53-23, or any 247 |
---|
| 308 | + | felony where the victim of the felony is a child under eighteen years of 248 Substitute Bill No. 936 |
---|
376 | | - | proceeding results from such report or complaint, or (3) a license |
---|
377 | | - | action pursuant to subsection (a) of this section results from such |
---|
378 | | - | report or complaint. All records obtained by the office in connection |
---|
379 | | - | with any such investigation shall not be subject to the provisions of |
---|
380 | | - | section 1-210 for a period of thirty days from the date of the petition or |
---|
381 | | - | other event initiating such investigation, or until such time as the |
---|
382 | | - | investigation is terminated pursuant to a withdrawal or other informal |
---|
383 | | - | disposition or until a hearing is convened pursuant to chapter 54, |
---|
384 | | - | whichever is earlier. A formal statement of charges issued by the office |
---|
385 | | - | shall be subject to the provisions of section 1-210 from the time that it is |
---|
386 | | - | served or mailed to the respondent. Records which are otherwise |
---|
387 | | - | public records shall not be deemed confidential merely because they |
---|
388 | | - | have been obtained in connection with an investigation under this |
---|
389 | | - | section. |
---|
390 | | - | (f) If the commissioner finds that public health, safety or welfare |
---|
391 | | - | imperatively requires emergency action, and incorporates a finding to |
---|
392 | | - | that effect in his or her order, the commissioner may order summary |
---|
393 | | - | suspension or summary probation of a license issued under section |
---|
394 | | - | 19a-87b, as amended by this act, pending proceedings for revocation or |
---|
395 | | - | other action. These proceedings shall be promptly instituted and |
---|
396 | | - | determined. |
---|
397 | | - | Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care |
---|
398 | | - | center or group child care home, as described in section 19a-77 of the |
---|
399 | | - | general statutes, that fails to provide written notice to (1) the Office of |
---|
400 | | - | Early Childhood, (2) all staff employed at such child care center or |
---|
401 | | - | group child care home, and (3) the parents or guardians of children |
---|
402 | | - | receiving child care services, as described in section 19a-77 of the |
---|
403 | | - | general statutes, at such child care center or group child care home, at |
---|
404 | | - | least thirty days prior to the effective date of a proposed closure of |
---|
405 | | - | such child care center or group child care home, shall be subject to a |
---|
406 | | - | civil penalty of not more than five thousand dollars. Substitute Senate Bill No. 936 |
---|
410 | | - | (b) If the Commissioner of Early Childhood has reason to believe |
---|
411 | | - | that a violation has occurred for which a civil penalty is authorized by |
---|
412 | | - | subsection (a) of this section, he or she may send to such licensee by |
---|
413 | | - | certified mail, return receipt requested, or personally serve upon such |
---|
414 | | - | licensee, a notice which shall include: (1) A reference to the section or |
---|
415 | | - | sections of the general statutes or regulations involved; (2) a short and |
---|
416 | | - | plain statement of the matters asserted or charged; (3) a statement of |
---|
417 | | - | the maximum civil penalty which may be imposed for such violation; |
---|
418 | | - | and (4) a statement of the licensee's right to request a hearing, such |
---|
419 | | - | request to be submitted in writing to the commissioner not later than |
---|
420 | | - | thirty days after the notice is mailed or served. |
---|
421 | | - | (c) If such licensee so requests, the commissioner shall cause a |
---|
422 | | - | hearing to be held. The hearing shall be held in accordance with the |
---|
423 | | - | provisions of chapter 54 of the general statutes. If such licensee fails to |
---|
424 | | - | request a hearing or fails to appear at the hearing or if, after the |
---|
425 | | - | hearing, the commissioner finds that the licensee has committed such |
---|
426 | | - | violation, the commissioner may, in his or her discretion, order that a |
---|
427 | | - | civil penalty be imposed that is not greater than the penalty stated in |
---|
428 | | - | the notice. The commissioner shall send a copy of any order issued |
---|
429 | | - | pursuant to this subsection by certified mail, return receipt requested, |
---|
430 | | - | to the licensee named in such order. |
---|
431 | | - | Sec. 8. Section 10-520a of the general statutes is repealed and the |
---|
432 | | - | following is substituted in lieu thereof (Effective from passage): |
---|
433 | | - | Not later than [July] January first, annually, the Office of Early |
---|
434 | | - | Childhood shall submit a report regarding the status of school |
---|
435 | | - | readiness program providers' compliance with the staff qualifications |
---|
436 | | - | requirement, described in subsection (b) of section 10-16p, to the joint |
---|
437 | | - | standing committee of the General Assembly having cognizance of |
---|
438 | | - | matters relating to education, in accordance with the provisions of |
---|
439 | | - | section 11-4a. Substitute Senate Bill No. 936 |
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| 315 | + | age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-249 |
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| 316 | + | 72b or 53a-73a, illegal manufacture, distribution, sale, prescription, 250 |
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| 317 | + | dispensing or administration under section 21a-277 or 21a-278, or 251 |
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| 318 | + | illegal possession under section 21a-279, or if such person, a person 252 |
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| 319 | + | who acts as assistant or substitute staff member in a family child care 253 |
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| 320 | + | home or a person employed in such family child care home in a 254 |
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| 321 | + | position connected with the provision of care to a child receiving child 255 |
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| 322 | + | care services, either fails to substantially comply with the regulations 256 |
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| 323 | + | adopted pursuant to section 19a-87b, as amended by this act, or 257 |
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| 324 | + | conducts, operates or maintains the home in a manner which 258 |
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| 325 | + | endangers the health, safety and welfare of the children receiving child 259 |
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| 326 | + | care services. Any refusal of a license or approval pursuant to this 260 |
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| 327 | + | section shall be rendered in accordance with the provisions of sections 261 |
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| 328 | + | 46a-79 to 46a-81, inclusive. Any person whose license or approval has 262 |
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| 329 | + | been revoked pursuant to this section shall be ineligible to apply for a 263 |
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| 330 | + | license or approval for a period of one year from the effective date of 264 |
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| 331 | + | revocation. 265 |
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| 332 | + | (b) When the commissioner intends to suspend or revoke a license 266 |
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| 333 | + | or approval or take any other action against a license or approval set 267 |
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| 334 | + | forth in regulation adopted pursuant to section 19a-79, as amended by 268 |
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| 335 | + | this act, the commissioner shall notify the licensee or approved staff 269 |
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| 336 | + | member in writing of the commissioner's intended action. The licensee 270 |
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| 337 | + | or approved staff member may, if aggrieved by such intended action, 271 |
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| 338 | + | make application for a hearing in writing over the licensee's or 272 |
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| 339 | + | approved staff member's signature to the commissioner. The licensee 273 |
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| 340 | + | or approved staff member shall state in the application in plain 274 |
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| 341 | + | language the reasons why the licensee or approved staff member 275 |
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| 342 | + | claims to be aggrieved. The application shall be delivered to the 276 |
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| 343 | + | commissioner within thirty days of the licensee's or approved staff 277 |
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| 344 | + | member's receipt of notification of the intended action. The 278 |
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| 345 | + | commissioner shall thereupon hold a hearing within sixty days from 279 |
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| 346 | + | receipt of such application and shall, at least ten days prior to the date 280 |
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| 347 | + | of such hearing, mail a notice, giving the time and place of the hearing, 281 |
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| 348 | + | to the licensee or approved staff member. The provisions of this 282 Substitute Bill No. 936 |
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443 | | - | Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the |
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444 | | - | general statutes is repealed and the following is substituted in lieu |
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445 | | - | thereof (Effective July 1, 2019): |
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446 | | - | (d) (1) The commissioner shall establish a competitive grant |
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447 | | - | program to provide spaces in accredited school readiness programs or |
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448 | | - | school readiness programs seeking accreditation located in (A) an area |
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449 | | - | served by a priority school or a former priority school, (B) a town |
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450 | | - | ranked one to fifty when all towns are ranked in ascending order |
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451 | | - | according to town wealth, as defined in subdivision (26) of section 10- |
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452 | | - | 262f, whose school district is not a priority school district pursuant to |
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453 | | - | section 10-266p, (C) a town formerly a town described in subparagraph |
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454 | | - | (B) of this subdivision, as provided for in subdivision (2) of this |
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455 | | - | subsection, or (D) a town designated as an alliance district, as defined |
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456 | | - | in section 10-262u, whose school district is not a priority school district |
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457 | | - | pursuant to section 10-266p. A town in which a priority school is |
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458 | | - | located, a regional school readiness council, pursuant to subsection (c) |
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459 | | - | of section 10-16r, for a region in which such a school is located or a |
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460 | | - | town described in subparagraph (B) of this subdivision may apply for |
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461 | | - | such a grant in an amount equal to the number of spaces in an |
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462 | | - | accredited school readiness program or a school readiness program |
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463 | | - | seeking accreditation multiplied by the per child cost set forth in |
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464 | | - | subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be |
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465 | | - | determined for a [five-year] three-year period based on an applicant's |
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466 | | - | designation as having a priority school or being a town described in |
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467 | | - | subparagraph (B) of this subdivision for the initial year of application. |
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468 | | - | Grant awards shall be made annually contingent upon available |
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469 | | - | funding and a satisfactory annual evaluation. The chief elected official |
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470 | | - | of such town and the superintendent of schools of the school district or |
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471 | | - | the regional school readiness council shall submit a plan, as described |
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472 | | - | in subsection (c) of this section, for the expenditure of such grant funds |
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473 | | - | to the commissioner. In awarding grants pursuant to this subsection, |
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474 | | - | the commissioner shall give preference to applications submitted by Substitute Senate Bill No. 936 |
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| 351 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
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| 352 | + | R02-SB.docx } |
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| 353 | + | 10 of 18 |
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476 | | - | Public Act No. 19-121 15 of 21 |
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| 355 | + | subsection shall not apply to the denial of an initial application for a 283 |
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| 356 | + | license or approval under section 19a-87b, as amended by this act, 284 |
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| 357 | + | provided the commissioner shall notify the applicant of any such 285 |
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| 358 | + | denial and the reasons for such denial by mailing written notice to the 286 |
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| 359 | + | applicant at the applicant's address shown on the license or approval 287 |
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| 360 | + | application. 288 |
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| 361 | + | (c) Any person who is licensed to conduct, operate or maintain a 289 |
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| 362 | + | family child care home or approved to act as an assistant or substitute 290 |
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| 363 | + | staff member in a family child care home shall notify the commissioner 291 |
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| 364 | + | of any conviction of the owner, conductor, operator or maintainer of 292 |
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| 365 | + | the family child care home or of any household member, as defined in 293 |
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| 366 | + | subsection (c) of section 19a-87b, who is sixteen years of age or older, 294 |
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| 367 | + | or any person employed in such family child care home in a position 295 |
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| 368 | + | connected with the provision of care to a child receiving child care 296 |
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| 369 | + | services, of a crime which affects the commissioner's discretion under 297 |
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| 370 | + | subsection (a) of this section, immediately upon obtaining knowledge 298 |
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| 371 | + | of such conviction. Failure to comply with the notification requirement 299 |
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| 372 | + | of this subsection may result in the suspension or revocation of the 300 |
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| 373 | + | license or approval or the taking of any other action against a license or 301 |
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| 374 | + | approval set forth in regulation adopted pursuant to section 19a-79, as 302 |
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| 375 | + | amended by this act, and shall subject the licensee or approved staff 303 |
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| 376 | + | member to a civil penalty of not more than one hundred dollars per 304 |
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| 377 | + | day for each day after the person obtained knowledge of the 305 |
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| 378 | + | conviction. 306 |
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| 379 | + | (d) It shall be a class A misdemeanor for any person seeking 307 |
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| 380 | + | employment in a position connected with the provision of care to a 308 |
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| 381 | + | child receiving family child care home services to make a false written 309 |
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| 382 | + | statement regarding prior criminal convictions pursuant to a form 310 |
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| 383 | + | bearing notice to the effect that such false statements are punishable, 311 |
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| 384 | + | which statement such person does not believe to be true and is 312 |
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| 385 | + | intended to mislead the prospective employer. 313 |
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| 386 | + | (e) Any person having reasonable cause to believe that a family 314 |
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| 387 | + | child care home, as defined in section 19a-77, is operating without a 315 Substitute Bill No. 936 |
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478 | | - | regional school readiness councils and may, within available |
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479 | | - | appropriations, provide a grant to such town or regional school |
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480 | | - | readiness council that increases the number of spaces for eligible |
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481 | | - | children who reside in an area or town described in subparagraphs (A) |
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482 | | - | to (D), inclusive, of this subdivision, in an accredited school readiness |
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483 | | - | program or a school readiness program seeking accreditation. A town |
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484 | | - | or regional school readiness council awarded a grant pursuant to this |
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485 | | - | subsection shall use the funds to purchase spaces for such children |
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486 | | - | from providers of accredited school readiness programs or school |
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487 | | - | readiness programs seeking accreditation. |
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488 | | - | Sec. 10. Section 10-265n of the general statutes is repealed and the |
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489 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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490 | | - | The Office of Early Childhood shall administer, within available |
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491 | | - | appropriations, an even start family literacy program [, in accordance |
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492 | | - | with the William F. Goodling Even Start Family Literacy Program |
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493 | | - | under the No Child Left Behind Act, P.L. 107-111,] to provide grants to |
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494 | | - | establish new or expand existing local family literacy programs that |
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495 | | - | provide literacy services for children and the parents or guardians of |
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496 | | - | such children. |
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497 | | - | Sec. 11. Subsection (c) of section 17a-248e of the general statutes is |
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498 | | - | repealed and the following is substituted in lieu thereof (Effective July |
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499 | | - | 1, 2019): |
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500 | | - | (c) The individualized family service plan shall be [developed in |
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501 | | - | consultation with the child's pediatrician or primary care physician] |
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502 | | - | signed by the child's pediatrician or a primary care provider or |
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503 | | - | qualified personnel, as those terms are defined in section 17a-248. |
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504 | | - | Sec. 12. Section 17a-248g of the general statutes is repealed and the |
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505 | | - | following is substituted in lieu thereof (Effective July 1, 2019): |
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506 | | - | (a) Subject to the provisions of this section, funds appropriated to Substitute Senate Bill No. 936 |
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510 | | - | the lead agency for purposes of section 17a-248, sections 17a-248b to |
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511 | | - | 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a |
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512 | | - | shall not be used to satisfy a financial commitment for services that |
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513 | | - | would have been paid from another public or private source but for |
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514 | | - | the enactment of said sections, except for federal funds available |
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515 | | - | pursuant to Part C of the Individuals with Disabilities Education Act, |
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516 | | - | 20 USC 1431 et seq., except that whenever considered necessary to |
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517 | | - | prevent the delay in the receipt of appropriate early intervention |
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518 | | - | services by the eligible child or family in a timely fashion, funds |
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519 | | - | provided under said sections may be used to pay the service provider |
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520 | | - | pending reimbursement from the public or private source that has |
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521 | | - | ultimate responsibility for the payment. |
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522 | | - | (b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, |
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523 | | - | inclusive, this section and sections 38a-490a and 38a-516a shall be |
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524 | | - | construed to permit the Department of Social Services or any other |
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525 | | - | state agency to reduce medical assistance pursuant to this chapter or |
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526 | | - | other assistance or services available to eligible children. |
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527 | | - | Notwithstanding any provision of the general statutes, costs incurred |
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528 | | - | for early intervention services that otherwise qualify as medical |
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529 | | - | assistance that are furnished to an eligible child who is also eligible for |
---|
530 | | - | benefits pursuant to this chapter shall be considered medical assistance |
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531 | | - | for purposes of payments to providers and state reimbursement to the |
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532 | | - | extent that federal financial participation is available for such services. |
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533 | | - | (c) Providers of early intervention services shall, in the first instance |
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534 | | - | and where applicable, seek payment from all third-party payers prior |
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535 | | - | to claiming payment from the birth-to-three system for services |
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536 | | - | rendered to eligible children, provided, for the purpose of seeking |
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537 | | - | payment from the Medicaid program or from other third-party payers |
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538 | | - | as agreed upon by the provider, the obligation to seek payment shall |
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539 | | - | not apply to a payment from a third-party payer who is not prohibited |
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540 | | - | from applying such payment, and who will apply such payment, to an Substitute Senate Bill No. 936 |
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| 394 | + | current and valid license or in violation of the regulations adopted 316 |
---|
| 395 | + | under section 19a-87b, as amended by this act, or in a manner which 317 |
---|
| 396 | + | may pose a potential danger to the health, welfare and safety of a child 318 |
---|
| 397 | + | receiving child care services, may report such information to the Office 319 |
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| 398 | + | of Early Childhood. The office shall investigate any report or 320 |
---|
| 399 | + | complaint received pursuant to this subsection. The name of the 321 |
---|
| 400 | + | person making the report or complaint shall not be disclosed unless (1) 322 |
---|
| 401 | + | such person consents to such disclosure, (2) a judicial or administrative 323 |
---|
| 402 | + | proceeding results from such report or complaint, or (3) a license 324 |
---|
| 403 | + | action pursuant to subsection (a) of this section results from such 325 |
---|
| 404 | + | report or complaint. All records obtained by the office in connection 326 |
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| 405 | + | with any such investigation shall not be subject to the provisions of 327 |
---|
| 406 | + | section 1-210 for a period of thirty days from the date of the petition or 328 |
---|
| 407 | + | other event initiating such investigation, or until such time as the 329 |
---|
| 408 | + | investigation is terminated pursuant to a withdrawal or other informal 330 |
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| 409 | + | disposition or until a hearing is convened pursuant to chapter 54, 331 |
---|
| 410 | + | whichever is earlier. A formal statement of charges issued by the office 332 |
---|
| 411 | + | shall be subject to the provisions of section 1-210 from the time that it is 333 |
---|
| 412 | + | served or mailed to the respondent. Records which are otherwise 334 |
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| 413 | + | public records shall not be deemed confidential merely because they 335 |
---|
| 414 | + | have been obtained in connection with an investigation under this 336 |
---|
| 415 | + | section. 337 |
---|
| 416 | + | (f) If the commissioner finds that public health, safety or welfare 338 |
---|
| 417 | + | imperatively requires emergency action, and incorporates a finding to 339 |
---|
| 418 | + | that effect in his or her order, the commissioner may order summary 340 |
---|
| 419 | + | suspension or summary probation of a license issued under section 341 |
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| 420 | + | 19a-87b, as amended by this act, pending proceedings for revocation or 342 |
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| 421 | + | other action. These proceedings shall be promptly instituted and 343 |
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| 422 | + | determined. 344 |
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| 423 | + | Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care 345 |
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| 424 | + | center or group child care home, as described in section 19a-77 of the 346 |
---|
| 425 | + | general statutes, that fails to provide written notice to (1) the Office of 347 |
---|
| 426 | + | Early Childhood, (2) all staff employed at such child care center or 348 Substitute Bill No. 936 |
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544 | | - | annual or lifetime limit specified in the third-party payer's policy or |
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545 | | - | contract. |
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546 | | - | (d) The commissioner, in consultation with the Office of Policy and |
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547 | | - | Management and the Insurance Commissioner, shall adopt |
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548 | | - | regulations, pursuant to chapter 54, providing public reimbursement |
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549 | | - | for deductibles and copayments imposed under an insurance policy or |
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550 | | - | health benefit plan to the extent that such deductibles and copayments |
---|
551 | | - | are applicable to early intervention services. |
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552 | | - | (e) The commissioner shall establish and periodically revise, in |
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553 | | - | accordance with this section, a schedule of fees based on a sliding scale |
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554 | | - | for early intervention services. The schedule of fees shall consider the |
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555 | | - | cost of such services relative to the financial resources of the state and |
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556 | | - | the parents or legal guardians of eligible children, provided that on |
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557 | | - | and after October 6, 2009, the commissioner shall (1) charge fees to |
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558 | | - | such parents or legal guardians that are sixty per cent greater than the |
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559 | | - | amount of the fees charged on the date prior to October 6, 2009; and (2) |
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560 | | - | charge fees for all services provided, including those services provided |
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561 | | - | in the first two months following the enrollment of a child in the |
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562 | | - | program. Fees may be charged to any such parent or guardian, |
---|
563 | | - | regardless of income, and shall be charged to any such parent or |
---|
564 | | - | guardian with a gross annual family income of forty-five thousand |
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565 | | - | dollars or more, except that no fee may be charged to the parent or |
---|
566 | | - | guardian of a child who is eligible for Medicaid. Notwithstanding the |
---|
567 | | - | provisions of subdivision (8) of section 17a-248, as used in this |
---|
568 | | - | subsection, "parent" means the biological or adoptive parent or legal |
---|
569 | | - | guardian of any child receiving early intervention services. The lead |
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570 | | - | agency may assign its right to collect fees to a designee or provider |
---|
571 | | - | participating in the early intervention program and providing services |
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572 | | - | to a recipient in order to assist the provider in obtaining payment for |
---|
573 | | - | such services. The commissioner may implement procedures for the |
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574 | | - | collection of the schedule of fees while in the process of adopting or Substitute Senate Bill No. 936 |
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| 429 | + | LCO {\\PRDFS1\SCOUSERS\FORZANOF\WS\2019SB-00936- |
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| 430 | + | R02-SB.docx } |
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| 431 | + | 12 of 18 |
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576 | | - | Public Act No. 19-121 18 of 21 |
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| 433 | + | group child care home, and (3) the parents or guardians of children 349 |
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| 434 | + | receiving child care services, as described in section 19a-77 of the 350 |
---|
| 435 | + | general statutes, at such child care center or group child care home, at 351 |
---|
| 436 | + | least thirty days prior to the effective date of a proposed closure of 352 |
---|
| 437 | + | such child care center or group child care home, shall be subject to a 353 |
---|
| 438 | + | civil penalty of not more than five thousand dollars. 354 |
---|
| 439 | + | (b) If the Commissioner of Early Childhood has reason to believe 355 |
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| 440 | + | that a violation has occurred for which a civil penalty is authorized by 356 |
---|
| 441 | + | subsection (a) of this section, he or she may send to such licensee by 357 |
---|
| 442 | + | certified mail, return receipt requested, or personally serve upon such 358 |
---|
| 443 | + | licensee, a notice which shall include: (1) A reference to the section or 359 |
---|
| 444 | + | sections of the general statutes or regulations involved; (2) a short and 360 |
---|
| 445 | + | plain statement of the matters asserted or charged; (3) a statement of 361 |
---|
| 446 | + | the maximum civil penalty which may be imposed for such violation; 362 |
---|
| 447 | + | and (4) a statement of the licensee's right to request a hearing, such 363 |
---|
| 448 | + | request to be submitted in writing to the commissioner not later than 364 |
---|
| 449 | + | thirty days after the notice is mailed or served. 365 |
---|
| 450 | + | (c) If such licensee so requests, the commissioner shall cause a 366 |
---|
| 451 | + | hearing to be held. The hearing shall be held in accordance with the 367 |
---|
| 452 | + | provisions of chapter 54 of the general statutes. If such licensee fails to 368 |
---|
| 453 | + | request a hearing or fails to appear at the hearing or if, after the 369 |
---|
| 454 | + | hearing, the commissioner finds that the licensee has committed such 370 |
---|
| 455 | + | violation, the commissioner may, in his or her discretion, order that a 371 |
---|
| 456 | + | civil penalty be imposed that is not greater than the penalty stated in 372 |
---|
| 457 | + | the notice. The commissioner shall send a copy of any order issued 373 |
---|
| 458 | + | pursuant to this subsection by certified mail, return receipt requested, 374 |
---|
| 459 | + | to the licensee named in such order. 375 |
---|
| 460 | + | Sec. 8. Section 10-520a of the general statutes is repealed and the 376 |
---|
| 461 | + | following is substituted in lieu thereof (Effective from passage): 377 |
---|
| 462 | + | Not later than [July] January first, annually, the Office of Early 378 |
---|
| 463 | + | Childhood shall submit a report regarding the status of school 379 |
---|
| 464 | + | readiness program providers' compliance with the staff qualifications 380 Substitute Bill No. 936 |
---|
578 | | - | amending such criteria in regulation, provided the commissioner posts |
---|
579 | | - | notice of intention to adopt or amend the regulations on the |
---|
580 | | - | eRegulations System, established pursuant to section 4-173b, within |
---|
581 | | - | twenty days of implementing the policy. Such collection procedures |
---|
582 | | - | and schedule of fees shall be valid until the time the final regulations |
---|
583 | | - | or amendments are effective. |
---|
584 | | - | (f) The commissioner shall develop and implement procedures to |
---|
585 | | - | hold a recipient harmless for the impact of pursuit of payment for |
---|
586 | | - | early intervention services against lifetime insurance limits. |
---|
587 | | - | (g) Notwithstanding any provision of title 38a relating to the |
---|
588 | | - | permissible exclusion of payments for services under governmental |
---|
589 | | - | programs, no such exclusion shall apply with respect to payments |
---|
590 | | - | made pursuant to section 17a-248, sections 17a-248b to 17a-248f, |
---|
591 | | - | inclusive, this section and sections 38a-490a and 38a-516a. Except as |
---|
592 | | - | provided in this subsection, nothing in this section shall increase or |
---|
593 | | - | enhance coverages provided for within an insurance contract subject to |
---|
594 | | - | the provisions of section 10-94f, subsection (a) of section 10-94g, |
---|
595 | | - | subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, |
---|
596 | | - | sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and |
---|
597 | | - | sections 38a-490a and 38a-516a. |
---|
598 | | - | [(h) Notwithstanding any provision of the general statutes or the |
---|
599 | | - | regulations of Connecticut state agencies, the signature on an |
---|
600 | | - | individualized family service plan of an advanced practice registered |
---|
601 | | - | nurse, working within said nurse's scope of practice in collaboration |
---|
602 | | - | with a physician licensed to practice medicine in this state, in |
---|
603 | | - | accordance with section 20-87a, and performing or directly supervising |
---|
604 | | - | the primary care services for children enrolled in the birth-to-three |
---|
605 | | - | program, shall be deemed sufficient to order all such services included |
---|
606 | | - | in the individualized family service plan and shall be deemed |
---|
607 | | - | sufficient by the Department of Social Services to substantiate a claim |
---|
608 | | - | for federal financial participation.] Substitute Senate Bill No. 936 |
---|
612 | | - | Sec. 13. (NEW) (Effective July 1, 2019) (a) Upon receipt of an |
---|
613 | | - | application for approval to work as a head teacher or an educational |
---|
614 | | - | consultant in a licensed child care center or group child care home, the |
---|
615 | | - | Commissioner of Early Childhood shall issue such approval to any |
---|
616 | | - | person who satisfies the requirements established by regulations |
---|
617 | | - | adopted pursuant to section 19a-79 of the general statutes, as amended |
---|
618 | | - | by this act. |
---|
619 | | - | (b) Whenever the Commissioner of Early Childhood has reason to |
---|
620 | | - | believe that any person who has been issued an approval to work as a |
---|
621 | | - | head teacher or an educational consultant in a licensed child care |
---|
622 | | - | center or group child care home, pursuant to subsection (a) of this |
---|
623 | | - | section, (1) has failed substantially to comply with the regulations |
---|
624 | | - | adopted pursuant to section 19a-79 of the general statutes, as amended |
---|
625 | | - | by this act, (2) has knowingly made or causes to be made any false or |
---|
626 | | - | misleading statements to the Office of Early Childhood, or (3) has |
---|
627 | | - | engaged in any other behavior that renders the person unsuitable to so |
---|
628 | | - | work as a head teacher or an educational consultant, the commissioner |
---|
629 | | - | may notify such person in writing of the commissioner's intention to |
---|
630 | | - | suspend or revoke such approval. Such notice shall be served by |
---|
631 | | - | certified mail stating the particular reasons for the intended |
---|
632 | | - | suspension or revocation. Such person may, if aggrieved by such |
---|
633 | | - | intended suspension or revocation, make application for a hearing in |
---|
634 | | - | writing over such person's signature to the commissioner. Such person |
---|
635 | | - | shall state in the application in plain language the reasons why such |
---|
636 | | - | person claims to be aggrieved. The application shall be delivered to the |
---|
637 | | - | commissioner not later than thirty days after such person's receipt of |
---|
638 | | - | notification of the intended suspension or revocation. The |
---|
639 | | - | commissioner shall thereupon hold a hearing or cause a hearing to be |
---|
640 | | - | held not later than sixty days after receipt of such application and |
---|
641 | | - | shall, at least ten days prior to the date of such hearing, mail a notice, |
---|
642 | | - | giving the time and place of the hearing, to such person. The hearing |
---|
643 | | - | may be conducted by the commissioner or by a hearing officer Substitute Senate Bill No. 936 |
---|
| 471 | + | requirement, described in subsection (b) of section 10-16p, to the joint 381 |
---|
| 472 | + | standing committee of the General Assembly having cognizance of 382 |
---|
| 473 | + | matters relating to education, in accordance with the provisions of 383 |
---|
| 474 | + | section 11-4a. 384 |
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| 475 | + | Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the 385 |
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| 476 | + | general statutes is repealed and the following is substituted in lieu 386 |
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| 477 | + | thereof (Effective July 1, 2019): 387 |
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| 478 | + | (d) (1) The commissioner shall establish a competitive grant 388 |
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| 479 | + | program to provide spaces in accredited school readiness programs or 389 |
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| 480 | + | school readiness programs seeking accreditation located in (A) an area 390 |
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| 481 | + | served by a priority school or a former priority school, (B) a town 391 |
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| 482 | + | ranked one to fifty when all towns are ranked in ascending order 392 |
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| 483 | + | according to town wealth, as defined in subdivision (26) of section 10-393 |
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| 484 | + | 262f, whose school district is not a priority school district pursuant to 394 |
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| 485 | + | section 10-266p, (C) a town formerly a town described in subparagraph 395 |
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| 486 | + | (B) of this subdivision, as provided for in subdivision (2) of this 396 |
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| 487 | + | subsection, or (D) a town designated as an alliance district, as defined 397 |
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| 488 | + | in section 10-262u, whose school district is not a priority school district 398 |
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| 489 | + | pursuant to section 10-266p. A town in which a priority school is 399 |
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| 490 | + | located, a regional school readiness council, pursuant to subsection (c) 400 |
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| 491 | + | of section 10-16r, for a region in which such a school is located or a 401 |
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| 492 | + | town described in subparagraph (B) of this subdivision may apply for 402 |
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| 493 | + | such a grant in an amount equal to the number of spaces in an 403 |
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| 494 | + | accredited school readiness program or a school readiness program 404 |
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| 495 | + | seeking accreditation multiplied by the per child cost set forth in 405 |
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| 496 | + | subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be 406 |
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| 497 | + | determined for a [five-year] three-year period based on an applicant's 407 |
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| 498 | + | designation as having a priority school or being a town described in 408 |
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| 499 | + | subparagraph (B) of this subdivision for the initial year of application. 409 |
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| 500 | + | Grant awards shall be made annually contingent upon available 410 |
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| 501 | + | funding and a satisfactory annual evaluation. The chief elected official 411 |
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| 502 | + | of such town and the superintendent of schools of the school district or 412 |
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| 503 | + | the regional school readiness council shall submit a plan, as described 413 Substitute Bill No. 936 |
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647 | | - | appointed by the commissioner in writing. Such person and the |
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648 | | - | commissioner or hearing officer may issue subpoenas requiring the |
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649 | | - | attendance of witnesses. Such person shall be entitled to be |
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650 | | - | represented by counsel and a transcript of the hearing shall be made. If |
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651 | | - | the hearing is conducted by a hearing officer, the hearing officer shall |
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652 | | - | state the hearing officer's findings and make a recommendation to the |
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653 | | - | commissioner on the issue of suspension or revocation. The |
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654 | | - | commissioner, based upon the findings and recommendation of the |
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655 | | - | hearing officer, or after a hearing conducted by the commissioner, shall |
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656 | | - | render the commissioner's decision in writing suspending, revoking or |
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657 | | - | continuing such approval. A copy of the decision shall be sent by |
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658 | | - | certified mail to such person. The decision suspending or revoking |
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659 | | - | such approval shall become effective thirty days after it is mailed by |
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660 | | - | registered or certified mail to such person. Any person aggrieved by |
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661 | | - | the decision of the commissioner may appeal as provided in section |
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662 | | - | 19a-85 of the general statutes. Any person whose approval has been |
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663 | | - | revoked pursuant to this subsection shall be ineligible to apply for an |
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664 | | - | approval for a period of one year from the effective date of revocation. |
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665 | | - | (c) The provisions of this section shall not apply to the denial of an |
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666 | | - | initial application for an approval to work as a head teacher or an |
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667 | | - | educational consultant in a licensed child care center or group child |
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668 | | - | care home, pursuant to subsection (a) of this section, provided the |
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669 | | - | commissioner shall notify the applicant of any such denial and the |
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670 | | - | reasons for such denial by mailing written notice to the applicant at the |
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671 | | - | applicant's address shown on the application for such approval. |
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672 | | - | Sec. 14. (NEW) (Effective July 1, 2019) Any child care center or group |
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673 | | - | child care home that is licensed with a preschool endorsement, in |
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674 | | - | accordance with regulations adopted pursuant to section 19a-79 of the |
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675 | | - | general statutes, as amended by this act, may deem a child who is |
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676 | | - | thirty-two to thirty-six months of age, inclusive, to be three years of |
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677 | | - | age for purposes of enrolling such child in a preschool program Substitute Senate Bill No. 936 |
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| 508 | + | 14 of 18 |
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679 | | - | Public Act No. 19-121 21 of 21 |
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| 510 | + | in subsection (c) of this section, for the expenditure of such grant funds 414 |
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| 511 | + | to the commissioner. In awarding grants pursuant to this subsection, 415 |
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| 512 | + | the commissioner shall give preference to applications submitted by 416 |
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| 513 | + | regional school readiness councils and may, within available 417 |
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| 514 | + | appropriations, provide a grant to such town or regional school 418 |
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| 515 | + | readiness council that increases the number of spaces for eligible 419 |
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| 516 | + | children who reside in an area or town described in subparagraphs (A) 420 |
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| 517 | + | to (D), inclusive, of this subdivision, in an accredited school readiness 421 |
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| 518 | + | program or a school readiness program seeking accreditation. A town 422 |
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| 519 | + | or regional school readiness council awarded a grant pursuant to this 423 |
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| 520 | + | subsection shall use the funds to purchase spaces for such children 424 |
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| 521 | + | from providers of accredited school readiness programs or school 425 |
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| 522 | + | readiness programs seeking accreditation. 426 |
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| 523 | + | Sec. 10. Section 10-265n of the general statutes is repealed and the 427 |
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| 524 | + | following is substituted in lieu thereof (Effective July 1, 2019): 428 |
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| 525 | + | The Office of Early Childhood shall administer, within available 429 |
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| 526 | + | appropriations, an even start family literacy program [, in accordance 430 |
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| 527 | + | with the William F. Goodling Even Start Family Literacy Program 431 |
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| 528 | + | under the No Child Left Behind Act, P.L. 107-111,] to provide grants to 432 |
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| 529 | + | establish new or expand existing local family literacy programs that 433 |
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| 530 | + | provide literacy services for children and the parents or guardians of 434 |
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| 531 | + | such children. 435 |
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| 532 | + | Sec. 11. Subsection (c) of section 17a-248e of the general statutes is 436 |
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| 533 | + | repealed and the following is substituted in lieu thereof (Effective July 437 |
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| 534 | + | 1, 2019): 438 |
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| 535 | + | (c) The individualized family service plan shall be [developed in 439 |
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| 536 | + | consultation with the child's pediatrician or primary care physician] 440 |
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| 537 | + | signed by the child's pediatrician or a primary care provider or 441 |
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| 538 | + | qualified personnel, as those terms are defined in section 17a-248. 442 |
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| 539 | + | Sec. 12. Section 17a-248g of the general statutes is repealed and the 443 |
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| 540 | + | following is substituted in lieu thereof (Effective July 1, 2019): 444 Substitute Bill No. 936 |
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681 | | - | provided by such center or home, provided such center or home |
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682 | | - | receives written authorization from such child's parent or guardian |
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683 | | - | and the program director to so enroll such child in the preschool |
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684 | | - | program. |
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685 | | - | Sec. 15. Section 10-520 of the general statutes is repealed. (Effective |
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686 | | - | from passage) |
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| 542 | + | |
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| 545 | + | 15 of 18 |
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| 546 | + | |
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| 547 | + | (a) Subject to the provisions of this section, funds appropriated to 445 |
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| 548 | + | the lead agency for purposes of section 17a-248, sections 17a-248b to 446 |
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| 549 | + | 17a-248f, inclusive, this section and sections 38a-490a and 38a-516a 447 |
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| 550 | + | shall not be used to satisfy a financial commitment for services that 448 |
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| 551 | + | would have been paid from another public or private source but for 449 |
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| 552 | + | the enactment of said sections, except for federal funds available 450 |
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| 553 | + | pursuant to Part C of the Individuals with Disabilities Education Act, 451 |
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| 554 | + | 20 USC 1431 et seq., except that whenever considered necessary to 452 |
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| 555 | + | prevent the delay in the receipt of appropriate early intervention 453 |
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| 556 | + | services by the eligible child or family in a timely fashion, funds 454 |
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| 557 | + | provided under said sections may be used to pay the service provider 455 |
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| 558 | + | pending reimbursement from the public or private source that has 456 |
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| 559 | + | ultimate responsibility for the payment. 457 |
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| 560 | + | (b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, 458 |
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| 561 | + | inclusive, this section and sections 38a-490a and 38a-516a shall be 459 |
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| 562 | + | construed to permit the Department of Social Services or any other 460 |
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| 563 | + | state agency to reduce medical assistance pursuant to this chapter or 461 |
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| 564 | + | other assistance or services available to eligible children. 462 |
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| 565 | + | Notwithstanding any provision of the general statutes, costs incurred 463 |
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| 566 | + | for early intervention services that otherwise qualify as medical 464 |
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| 567 | + | assistance that are furnished to an eligible child who is also eligible for 465 |
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| 568 | + | benefits pursuant to this chapter shall be considered medical assistance 466 |
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| 569 | + | for purposes of payments to providers and state reimbursement to the 467 |
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| 570 | + | extent that federal financial participation is available for such services. 468 |
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| 571 | + | (c) Providers of early intervention services shall, in the first instance 469 |
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| 572 | + | and where applicable, seek payment from all third-party payers prior 470 |
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| 573 | + | to claiming payment from the birth-to-three system for services 471 |
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| 574 | + | rendered to eligible children, provided, for the purpose of seeking 472 |
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| 575 | + | payment from the Medicaid program or from other third-party payers 473 |
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| 576 | + | as agreed upon by the provider, the obligation to seek payment shall 474 |
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| 577 | + | not apply to a payment from a third-party payer who is not prohibited 475 |
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| 578 | + | from applying such payment, and who will apply such payment, to an 476 |
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| 579 | + | annual or lifetime limit specified in the third-party payer's policy or 477 Substitute Bill No. 936 |
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| 580 | + | |
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| 584 | + | 16 of 18 |
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| 585 | + | |
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| 586 | + | contract. 478 |
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| 587 | + | (d) The commissioner, in consultation with the Office of Policy and 479 |
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| 588 | + | Management and the Insurance Commissioner, shall adopt 480 |
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| 589 | + | regulations, pursuant to chapter 54, providing public reimbursement 481 |
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| 590 | + | for deductibles and copayments imposed under an insurance policy or 482 |
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| 591 | + | health benefit plan to the extent that such deductibles and copayments 483 |
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| 592 | + | are applicable to early intervention services. 484 |
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| 593 | + | (e) The commissioner shall establish and periodically revise, in 485 |
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| 594 | + | accordance with this section, a schedule of fees based on a sliding scale 486 |
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| 595 | + | for early intervention services. The schedule of fees shall consider the 487 |
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| 596 | + | cost of such services relative to the financial resources of the state and 488 |
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| 597 | + | the parents or legal guardians of eligible children, provided that on 489 |
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| 598 | + | and after October 6, 2009, the commissioner shall (1) charge fees to 490 |
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| 599 | + | such parents or legal guardians that are sixty per cent greater than the 491 |
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| 600 | + | amount of the fees charged on the date prior to October 6, 2009; and (2) 492 |
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| 601 | + | charge fees for all services provided, including those services provided 493 |
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| 602 | + | in the first two months following the enrollment of a child in the 494 |
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| 603 | + | program. Fees may be charged to any such parent or guardian, 495 |
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| 604 | + | regardless of income, and shall be charged to any such parent or 496 |
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| 605 | + | guardian with a gross annual family income of forty-five thousand 497 |
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| 606 | + | dollars or more, except that no fee may be charged to the parent or 498 |
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| 607 | + | guardian of a child who is eligible for Medicaid. Notwithstanding the 499 |
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| 608 | + | provisions of subdivision (8) of section 17a-248, as used in this 500 |
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| 609 | + | subsection, "parent" means the biological or adoptive parent or legal 501 |
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| 610 | + | guardian of any child receiving early intervention services. The lead 502 |
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| 611 | + | agency may assign its right to collect fees to a designee or provider 503 |
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| 612 | + | participating in the early intervention program and providing services 504 |
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| 613 | + | to a recipient in order to assist the provider in obtaining payment for 505 |
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| 614 | + | such services. The commissioner may implement procedures for the 506 |
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| 615 | + | collection of the schedule of fees while in the process of adopting or 507 |
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| 616 | + | amending such criteria in regulation, provided the commissioner posts 508 |
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| 617 | + | notice of intention to adopt or amend the regulations on the 509 |
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| 618 | + | eRegulations System, established pursuant to section 4-173b, within 510 Substitute Bill No. 936 |
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| 619 | + | |
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| 620 | + | |
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| 623 | + | 17 of 18 |
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| 624 | + | |
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| 625 | + | twenty days of implementing the policy. Such collection procedures 511 |
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| 626 | + | and schedule of fees shall be valid until the time the final regulations 512 |
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| 627 | + | or amendments are effective. 513 |
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| 628 | + | (f) The commissioner shall develop and implement procedures to 514 |
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| 629 | + | hold a recipient harmless for the impact of pursuit of payment for 515 |
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| 630 | + | early intervention services against lifetime insurance limits. 516 |
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| 631 | + | (g) Notwithstanding any provision of title 38a relating to the 517 |
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| 632 | + | permissible exclusion of payments for services under governmental 518 |
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| 633 | + | programs, no such exclusion shall apply with respect to payments 519 |
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| 634 | + | made pursuant to section 17a-248, sections 17a-248b to 17a-248f, 520 |
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| 635 | + | inclusive, this section and sections 38a-490a and 38a-516a. Except as 521 |
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| 636 | + | provided in this subsection, nothing in this section shall increase or 522 |
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| 637 | + | enhance coverages provided for within an insurance contract subject to 523 |
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| 638 | + | the provisions of section 10-94f, subsection (a) of section 10-94g, 524 |
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| 639 | + | subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, 525 |
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| 640 | + | sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and 526 |
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| 641 | + | sections 38a-490a and 38a-516a. 527 |
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| 642 | + | [(h) Notwithstanding any provision of the general statutes or the 528 |
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| 643 | + | regulations of Connecticut state agencies, the signature on an 529 |
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| 644 | + | individualized family service plan of an advanced practice registered 530 |
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| 645 | + | nurse, working within said nurse's scope of practice in collaboration 531 |
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| 646 | + | with a physician licensed to practice medicine in this state, in 532 |
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| 647 | + | accordance with section 20-87a, and performing or directly supervising 533 |
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| 648 | + | the primary care services for children enrolled in the birth-to-three 534 |
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| 649 | + | program, shall be deemed sufficient to order all such services included 535 |
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| 650 | + | in the individualized family service plan and shall be deemed 536 |
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| 651 | + | sufficient by the Department of Social Services to substantiate a claim 537 |
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| 652 | + | for federal financial participation.] 538 |
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| 653 | + | Sec. 13. Section 10-520 of the general statutes is repealed. (Effective 539 |
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| 654 | + | from passage) 540 Substitute Bill No. 936 |
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| 655 | + | |
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| 656 | + | |
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| 659 | + | 18 of 18 |
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| 660 | + | |
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| 661 | + | This act shall take effect as follows and shall amend the following |
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| 662 | + | sections: |
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| 663 | + | |
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| 664 | + | Section 1 July 1, 2019 17b-749(a) to (c) |
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| 665 | + | Sec. 2 July 1, 2019 19a-79 |
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| 666 | + | Sec. 3 July 1, 2019 19a-87b |
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| 667 | + | Sec. 4 July 1, 2019 10-530 |
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| 668 | + | Sec. 5 July 1, 2019 19a-84 |
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| 669 | + | Sec. 6 July 1, 2019 19a-87e |
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| 670 | + | Sec. 7 July 1, 2019 New section |
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| 671 | + | Sec. 8 from passage 10-520a |
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| 672 | + | Sec. 9 July 1, 2019 10-16p(d)(1) |
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| 673 | + | Sec. 10 July 1, 2019 10-265n |
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| 674 | + | Sec. 11 July 1, 2019 17a-248e(c) |
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| 675 | + | Sec. 12 July 1, 2019 17a-248g |
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| 676 | + | Sec. 13 from passage Repealer section |
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| 677 | + | |
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| 678 | + | ED Joint Favorable Subst. |
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| 679 | + | JUD Joint Favorable |
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