Connecticut 2019 Regular Session

Connecticut Senate Bill SB00936 Compare Versions

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7+General Assembly Substitute Bill No. 936
8+January Session, 2019
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4-Substitute Senate Bill No. 936
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6-Public Act No. 19-121
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9-AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE
10-OFFICE OF EARLY CHILDHOOD.
14+AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE
15+OF EARLY CHILDHOOD.
1116 Be it enacted by the Senate and House of Representatives in General
1217 Assembly convened:
1318
14-Section 1. Subsections (a) to (c), inclusive, of section 17b-749 of the
15-general statutes are repealed and the following is substituted in lieu
16-thereof (Effective July 1, 2019):
17-(a) The Commissioner of Early Childhood shall establish and
18-operate a child care subsidy program to increase the availability,
19-affordability and quality of child care services for families with a
20-parent or caretaker who (1) is working or attending high school, or (2)
21-receives cash assistance under the temporary family assistance
22-program from the Department of Social Services and is participating in
23-an education, training or other job preparation activity approved
24-pursuant to subsection (b) of section 17b-688i or subsection (b) of
25-section 17b-689d. Services available under the child care subsidy
26-program shall include the provision of child care subsidies for children
27-under the age of thirteen or children under the age of nineteen with
28-special needs. The Office of Early Childhood shall open and maintain
29-enrollment for the child care subsidy program and shall administer
30-such program within the existing budgetary resources available. The
31-office shall issue a notice on the office's Internet web site any time the Substitute Senate Bill No. 936
19+Section 1. Subsections (a) to (c), inclusive, of section 17b-749 of the 1
20+general statutes are repealed and the following is substituted in lieu 2
21+thereof (Effective July 1, 2019): 3
22+(a) The Commissioner of Early Childhood shall establish and 4
23+operate a child care subsidy program to increase the availability, 5
24+affordability and quality of child care services for families with a 6
25+parent or caretaker who (1) is working or attending high school, or (2) 7
26+receives cash assistance under the temporary family assistance 8
27+program from the Department of Social Services and is participating in 9
28+an education, training or other job preparation activity approved 10
29+pursuant to subsection (b) of section 17b-688i or subsection (b) of 11
30+section 17b-689d. Services available under the child care subsidy 12
31+program shall include the provision of child care subsidies for children 13
32+under the age of thirteen or children under the age of nineteen with 14
33+special needs. The Office of Early Childhood shall open and maintain 15
34+enrollment for the child care subsidy program and shall administer 16
35+such program within the existing budgetary resources available. The 17
36+office shall issue a notice on the office's Internet web site any time the 18
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
36-requirements, changes program benefits or makes any other change to
37-the program's status or terms, except the office shall not be required to
38-issue such notice when the office expands program eligibility. Any
39-change in the office's acceptance of new applications, eligibility
40-requirements, program benefits or any other change to the program's
41-status or terms for which the office is required to give notice pursuant
42-to this subsection, shall not be effective until thirty days after the office
43-issues such notice.
44-(b) The commissioner shall establish income standards for
45-applicants and recipients at a level to include a family with gross
46-income up to fifty per cent of the state-wide median income, except the
47-commissioner (1) may increase the income level [to up to seventy-five
48-per cent of the state-wide median income] up to the maximum level
49-allowed under federal law, (2) upon the request of the Commissioner
50-of Children and Families, may waive the income standards for
51-adoptive families so that children adopted on or after October 1, 1999,
52-from the Department of Children and Families are eligible for the child
53-care subsidy program, and (3) on and after March 1, 2003, shall reduce
54-the income eligibility level to up to fifty-five per cent of the state-wide
55-median income for applicants and recipients who qualify based on
56-their loss of eligibility for temporary family assistance. The
57-commissioner may adopt regulations in accordance with chapter 54 to
58-establish income criteria and durational requirements for such waiver
59-of income standards.
60-(c) The commissioner, in consultation with the Commissioner of
61-Social Services, shall establish eligibility and program standards
62-including, but not limited to: (1) A priority intake and eligibility
63-system with preference given to serving (A) recipients of temporary
64-family assistance who are employed or engaged in employment
65-activities under the Department of Social Services' "Jobs First" Substitute Senate Bill No. 936
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44+requirements, changes program benefits or makes any other change to 20
45+the program's status or terms, except the office shall not be required to 21
46+issue such notice when the office expands program eligibility. Any 22
47+change in the office's acceptance of new applications, eligibility 23
48+requirements, program benefits or any other change to the program's 24
49+status or terms for which the office is required to give notice pursuant 25
50+to this subsection, shall not be effective until thirty days after the office 26
51+issues such notice. 27
52+(b) The commissioner shall establish income standards for 28
53+applicants and recipients at a level to include a family with gross 29
54+income up to fifty per cent of the state-wide median income, except the 30
55+commissioner (1) may increase the income level [to up to seventy-five 31
56+per cent of the state-wide median income] up to the maximum level 32
57+allowed under federal law, (2) upon the request of the Commissioner 33
58+of Children and Families, may waive the income standards for 34
59+adoptive families so that children adopted on or after October 1, 1999, 35
60+from the Department of Children and Families are eligible for the child 36
61+care subsidy program, and (3) on and after March 1, 2003, shall reduce 37
62+the income eligibility level to up to fifty-five per cent of the state-wide 38
63+median income for applicants and recipients who qualify based on 39
64+their loss of eligibility for temporary family assistance. The 40
65+commissioner may adopt regulations in accordance with chapter 54 to 41
66+establish income criteria and durational requirements for such waiver 42
67+of income standards. 43
68+(c) The commissioner, in consultation with the Commissioner of 44
69+Social Services, shall establish eligibility and program standards 45
70+including, but not limited to: (1) A priority intake and eligibility 46
71+system with preference given to serving (A) recipients of temporary 47
72+family assistance who are employed or engaged in employment 48
73+activities under the Department of Social Services' "Jobs First" 49
74+program, (B) working families whose temporary family assistance was 50
75+discontinued not more than five years prior to the date of application 51
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
70-discontinued not more than five years prior to the date of application
71-for the child care subsidy program, (C) teen parents, (D) low-income
72-working families, (E) adoptive families of children who were adopted
73-from the Department of Children and Families and who are granted a
74-waiver of income standards under subdivision (2) of subsection (b) of
75-this section, and (F) working families who are at risk of welfare
76-dependency; [, and (G) any household with a child or children
77-participating in the Early Head Start-Child Care Partnership federal
78-grant program for a period of up to twelve months based on Early
79-Head Start eligibility criteria;] (2) health and safety standards for child
80-care providers not required to be licensed; (3) a reimbursement system
81-for child care services which account for differences in the age of the
82-child, number of children in the family, the geographic region and type
83-of care provided by licensed and unlicensed caregivers, the cost and
84-type of services provided by licensed and unlicensed caregivers,
85-successful completion of fifteen hours of annual in-service training or
86-credentialing of child care directors and administrators, and program
87-accreditation; (4) supplemental payment for special needs of the child
88-and extended nontraditional hours; (5) an annual rate review process
89-for providers which assures that reimbursement rates are maintained
90-at levels which permit equal access to a variety of child care settings;
91-(6) a sliding reimbursement scale for participating families; (7) an
92-administrative appeals process; (8) an administrative hearing process
93-to adjudicate cases of alleged fraud and abuse and to impose sanctions
94-and recover overpayments; (9) an extended period of program and
95-payment eligibility when a parent who is receiving a child care
96-subsidy experiences a temporary interruption in employment or other
97-approved activity; and (10) a waiting list for the child care subsidy
98-program that (A) allows the commissioner to exercise discretion in
99-prioritizing within and between existing priority groups, including,
100-but not limited to, children described in 45 CFR 98.46, as amended
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
106-this subsection, which is reviewed periodically, with the inclusion of
107-this information in the annual report required to be issued annually by
108-the office to the Governor and the General Assembly in accordance
109-with section 17b-733. Such action will include, but not be limited to,
110-family income, age of child, region of state and length of time on such
111-waiting list.
112-Sec. 2. Section 19a-79 of the general statutes is amended by adding
113-subsection (f) as follows (Effective July 1, 2019):
114-(NEW) (f) Any child care center or group child care home may
115-provide child care services to a foster child for a period not to exceed
116-forty-five days without complying with any provision in regulations
117-adopted pursuant to this section relating to immunization and physical
118-examination requirements. Any child care center or group child care
119-home that provides child care services to a foster child at such center
120-or home under this subsection shall maintain a record on file of such
121-foster child for a period of two years after such foster child is no longer
122-receiving child care services at such center or home. For purposes of
123-this subsection, "foster child" means a child who is in the care and
124-custody of the Commissioner of Children and Families and placed in a
125-foster home licensed pursuant to section 17a-114, foster home
126-approved by a child-placing agency licensed pursuant to section 17a-
127-149, facility licensed pursuant to section 17a-145 or with a relative or
128-fictive kin caregiver pursuant to section 17a-114.
129-Sec. 3. Section 19a-87b of the general statutes is amended by adding
130-subsection (i) as follows (Effective July 1, 2019):
131-(NEW) (i) Any family child care home may provide child care
132-services to a foster child for a period not to exceed forty-five days
133-without complying with any provision in regulations adopted
134-pursuant to this section relating to immunization and physical Substitute Senate Bill No. 936
83+working families, (E) adoptive families of children who were adopted 53
84+from the Department of Children and Families and who are granted a 54
85+waiver of income standards under subdivision (2) of subsection (b) of 55
86+this section, and (F) working families who are at risk of welfare 56
87+dependency; [, and (G) any household with a child or children 57
88+participating in the Early Head Start-Child Care Partnership federal 58
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
91+care providers not required to be licensed; (3) a reimbursement system 61
92+for child care services which account for differences in the age of the 62
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
97+credentialing of child care directors and administrators, and program 67
98+accreditation; (4) supplemental payment for special needs of the child 68
99+and extended nontraditional hours; (5) an annual rate review process 69
100+for providers which assures that reimbursement rates are maintained 70
101+at levels which permit equal access to a variety of child care settings; 71
102+(6) a sliding reimbursement scale for participating families; (7) an 72
103+administrative appeals process; (8) an administrative hearing process 73
104+to adjudicate cases of alleged fraud and abuse and to impose sanctions 74
105+and recover overpayments; (9) an extended period of program and 75
106+payment eligibility when a parent who is receiving a child care 76
107+subsidy experiences a temporary interruption in employment or other 77
108+approved activity; and (10) a waiting list for the child care subsidy 78
109+program that (A) allows the commissioner to exercise discretion in 79
110+prioritizing within and between existing priority groups, including, 80
111+but not limited to, children described in 45 CFR 98.46, as amended 81
112+from time to time, and households with an infant or toddler, and (B) 82
113+reflects the priority and eligibility system set forth in subdivision (1) of 83
114+this subsection, which is reviewed periodically, with the inclusion of 84
115+this information in the annual report required to be issued annually by 85
116+the office to the Governor and the General Assembly in accordance 86
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
139-child care services to a foster child at such home under this subsection
140-shall maintain a record on file of such foster child for a period of two
141-years after such foster child is no longer receiving child care services at
142-such home. For purposes of this subsection, "foster child" means a
143-child who is in the care and custody of the Commissioner of Children
144-and Families and placed in a foster home licensed pursuant to section
145-17a-114, foster home approved by a child-placing agency licensed
146-pursuant to section 17a-149, facility licensed pursuant to section 17a-
147-145 or with a relative or fictive kin caregiver pursuant to section 17a-
148-114.
149-Sec. 4. Section 10-530 of the general statutes is repealed and the
150-following is substituted in lieu thereof (Effective July 1, 2019):
151-(a) As used in this section:
152-(1) "Child care facility" means a "child care center", "group child care
153-home" or "family child care home" that provides "child care services",
154-each as described in section 19a-77, or any provider of child care
155-services under the child care subsidy program established pursuant to
156-section 17b-749, as amended by this act;
157-(2) "Child care services provider or staff member" means any person
158-who is (A) a licensee, employee, volunteer or alternate staff, assistant,
159-substitute or household member of a child care facility, (B) a family
160-child care provider, or (C) any other person who provides child care
161-services under the child care subsidy program established pursuant to
162-section 17b-749, as amended by this act, but does not include a person
163-who is providing child care services under the child care subsidy
164-program (i) exclusively to children with whom such person is related,
165-and (ii) without being issued a license to provide child care services by
166-the Office of Early Childhood; and Substitute Senate Bill No. 936
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124+family income, age of child, region of state and length of time on such 88
125+waiting list. 89
126+Sec. 2. Section 19a-79 of the general statutes is amended by adding 90
127+subsection (f) as follows (Effective July 1, 2019): 91
128+(NEW) (f) Any child care center or group child care home may 92
129+provide child care services to a foster child for a period not to exceed 93
130+forty-five days without complying with any provision in regulations 94
131+adopted pursuant to this section relating to immunization and physical 95
132+examination requirements. Any child care center or group child care 96
133+home that provides child care services to a foster child at such center 97
134+or home under this subsection shall maintain a record on file of such 98
135+foster child for a period of two years after such foster child is no longer 99
136+receiving child care services at such center or home. For purposes of 100
137+this subsection, "foster child" means a child who is in the care and 101
138+custody of the Commissioner of Children and Families and placed in a 102
139+foster home licensed pursuant to section 17a-114, foster home 103
140+approved by a child-placing agency licensed pursuant to section 17a-104
141+149 or facility licensed pursuant to section 17a-145. 105
142+Sec. 3. Section 19a-87b of the general statutes is amended by adding 106
143+subsection (i) as follows (Effective July 1, 2019): 107
144+(NEW) (i) Any family child care home may provide child care 108
145+services to a foster child for a period not to exceed forty-five days 109
146+without complying with any provision in regulations adopted 110
147+pursuant to this section relating to immunization and physical 111
148+examination requirements. Any family child care home that provides 112
149+child care services to a foster child at such home under this subsection 113
150+shall maintain a record on file of such foster child for a period of two 114
151+years after such foster child is no longer receiving child care services at 115
152+such home. For purposes of this subsection, "foster child" means a 116
153+child who is in the care and custody of the Commissioner of Children 117
154+and Families and placed in a foster home licensed pursuant to section 118
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
171-child care services under the child care subsidy program established
172-pursuant to section 17b-749, as amended by this act, (A) in a family
173-child care home, as defined in section 19a-77, or (B) in a home not
174-requiring a license pursuant to subdivision (4) of subsection (b) of
175-section 19a-77.
176-(b) The comprehensive background checks required pursuant to
177-subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and
178-subsection (a) of section 17b-749k, shall be conducted at least once
179-every five years for each child care services provider or staff member
180-in accordance with the provisions of 45 CFR 98.43, as amended from
181-time to time.
182-(c) Any person who applies for a position at a child care facility in
183-the state shall not be required to submit to such comprehensive
184-background checks if such person (1) is an employee of a child care
185-facility in the state, or [was previously an employee of a child care
186-facility in the state during the previous one hundred eighty days] has
187-not been separated from employment as a child care services provider
188-or staff member in the state for a period of more than one hundred
189-eighty days, and (2) has successfully completed such comprehensive
190-background checks in the previous five years. Nothing in this section
191-prohibits the Commissioner of Early Childhood from requiring that
192-[an employee or prospective employee of a child care facility to] a
193-person applying for a position as a child care services provider or staff
194-member submit to comprehensive background checks more than once
195-during a five-year period. [For purposes of this section, "child care
196-facility" means a child care center, group child care home or family
197-child care home that provides "child care services", as described in
198-section 19a-77, and the home of a family child care provider, as defined
199-in section 17b-705.]
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):
205-(a) When the Commissioner of Early Childhood has reason to
206-believe any person licensed under sections 19a-77 to 19a-80, inclusive,
207-and sections 19a-82 to 19a-87, inclusive, has failed substantially to
208-comply with the regulations adopted under said sections, the
209-commissioner may notify the licensee in writing of the commissioner's
210-intention to suspend or revoke the license or to impose a licensure
211-action. Such notice shall be served by certified mail stating the
212-particular reasons for the proposed action. The licensee may, if
213-aggrieved by such intended action, make application for a hearing in
214-writing over the licensee's signature to the commissioner. The licensee
215-shall state in the application in plain language the reasons why the
216-licensee claims to be aggrieved. The application shall be delivered to
217-the commissioner not later than thirty days after the licensee's receipt
218-of notification of the intended action. The commissioner shall
219-thereupon hold a hearing or cause a hearing to be held not later than
220-sixty days after receipt of such application and shall, at least ten days
221-prior to the date of such hearing, mail a notice, giving the time and
222-place of the hearing, to the licensee. The hearing may be conducted by
223-the commissioner or by a hearing officer appointed by the
224-commissioner in writing. The licensee and the commissioner or
225-hearing officer may issue subpoenas requiring the attendance of
226-witnesses. The licensee shall be entitled to be represented by counsel
227-and a transcript of the hearing shall be made. If the hearing is
228-conducted by a hearing officer, the hearing officer shall state the
229-hearing officer's findings and make a recommendation to the
230-commissioner on the issue of revocation or suspension or the intended
231-licensure action. The commissioner, based upon the findings and
232-recommendation of the hearing officer, or after a hearing conducted by
233-the commissioner, shall render the commissioner's decision in writing
234-suspending, revoking or continuing the license or regarding the
235-intended licensure action. A copy of the decision shall be sent by Substitute Senate Bill No. 936
162+pursuant to section 17a-149 or facility licensed pursuant to section 17a-120
163+145. 121
164+Sec. 4. Section 10-530 of the general statutes is repealed and the 122
165+following is substituted in lieu thereof (Effective July 1, 2019): 123
166+(a) As used in this section: 124
167+(1) "Child care facility" means a "child care center", "group child care 125
168+home" or "family child care home" that provides "child care services", 126
169+each as described in section 19a-77, or any provider of child care 127
170+services under the child care subsidy program established pursuant to 128
171+section 17b-749, as amended by this act; 129
172+(2) "Child care services provider or staff member" means any person 130
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
175+child care provider, or (C) any other person who provides child care 133
176+services under the child care subsidy program established pursuant to 134
177+section 17b-749, as amended by this act; and 135
178+(3) "Family child care provider" means any person who provides 136
179+child care services under the child care subsidy program established 137
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
182+requiring a license pursuant to subdivision (4) of subsection (b) of 140
183+section 19a-77. 141
184+(b) The comprehensive background checks required pursuant to 142
185+subsection (c) of section 19a-80, subsection (c) of section 19a-87b, and 143
186+subsection (a) of section 17b-749k, shall be conducted at least once 144
187+every five years for each child care services provider or staff member 145
188+in accordance with the provisions of 45 CFR 98.43, as amended from 146
189+time to time. 147
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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237-Public Act No. 19-121 8 of 21
238193
239-certified mail to the licensee. The decision revoking or suspending the
240-license or a decision imposing a licensure action shall become effective
241-thirty days after it is mailed by registered or certified mail to the
242-licensee. A licensee aggrieved by the decision of the commissioner may
243-appeal as provided in section 19a-85. Any licensee whose license has
244-been revoked pursuant to this subsection shall be ineligible to apply
245-for a license for a period of one year from the effective date of
246-revocation.
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,
249-inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner
250-shall notify the applicant of any such denial and the reasons for such
251-denial by mailing written notice to the applicant at the applicant's
252-address shown on the license application.
253-(c) If the commissioner finds that public health, safety or welfare
254-imperatively requires emergency action, and incorporates a finding to
255-that effect in his or her order, the commissioner may order summary
256-suspension or summary probation of a license issued under sections
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
259-promptly instituted and determined.
260-Sec. 6. Section 19a-87e of the general statutes is repealed and the
261-following is substituted in lieu thereof (Effective July 1, 2019):
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,
264-conduct, operate or maintain a family child care home, as defined in
265-section 19a-77, (2) refuse to approve under section 19a-87b, as
266-amended by this act, a person to act as an assistant or substitute staff
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
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198+background checks if such person (1) is an employee of a child care 150
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
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
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
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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,
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
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
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
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
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
291-felony where the victim of the felony is a child under eighteen years of
292-age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-
293-72b or 53a-73a, illegal manufacture, distribution, sale, prescription,
294-dispensing or administration under section 21a-277 or 21a-278, or
295-illegal possession under section 21a-279, or if such person, a person
296-who acts as assistant or substitute staff member in a family child care
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
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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
317-or approved staff member may, if aggrieved by such intended action,
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
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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.
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
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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
375309
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
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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
315+age, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-249
316+72b or 53a-73a, illegal manufacture, distribution, sale, prescription, 250
317+dispensing or administration under section 21a-277 or 21a-278, or 251
318+illegal possession under section 21a-279, or if such person, a person 252
319+who acts as assistant or substitute staff member in a family child care 253
320+home or a person employed in such family child care home in a 254
321+position connected with the provision of care to a child receiving child 255
322+care services, either fails to substantially comply with the regulations 256
323+adopted pursuant to section 19a-87b, as amended by this act, or 257
324+conducts, operates or maintains the home in a manner which 258
325+endangers the health, safety and welfare of the children receiving child 259
326+care services. Any refusal of a license or approval pursuant to this 260
327+section shall be rendered in accordance with the provisions of sections 261
328+46a-79 to 46a-81, inclusive. Any person whose license or approval has 262
329+been revoked pursuant to this section shall be ineligible to apply for a 263
330+license or approval for a period of one year from the effective date of 264
331+revocation. 265
332+(b) When the commissioner intends to suspend or revoke a license 266
333+or approval or take any other action against a license or approval set 267
334+forth in regulation adopted pursuant to section 19a-79, as amended by 268
335+this act, the commissioner shall notify the licensee or approved staff 269
336+member in writing of the commissioner's intended action. The licensee 270
337+or approved staff member may, if aggrieved by such intended action, 271
338+make application for a hearing in writing over the licensee's or 272
339+approved staff member's signature to the commissioner. The licensee 273
340+or approved staff member shall state in the application in plain 274
341+language the reasons why the licensee or approved staff member 275
342+claims to be aggrieved. The application shall be delivered to the 276
343+commissioner within thirty days of the licensee's or approved staff 277
344+member's receipt of notification of the intended action. The 278
345+commissioner shall thereupon hold a hearing within sixty days from 279
346+receipt of such application and shall, at least ten days prior to the date 280
347+of such hearing, mail a notice, giving the time and place of the hearing, 281
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
444-general statutes is repealed and the following is substituted in lieu
445-thereof (Effective July 1, 2019):
446-(d) (1) The commissioner shall establish a competitive grant
447-program to provide spaces in accredited school readiness programs or
448-school readiness programs seeking accreditation located in (A) an area
449-served by a priority school or a former priority school, (B) a town
450-ranked one to fifty when all towns are ranked in ascending order
451-according to town wealth, as defined in subdivision (26) of section 10-
452-262f, whose school district is not a priority school district pursuant to
453-section 10-266p, (C) a town formerly a town described in subparagraph
454-(B) of this subdivision, as provided for in subdivision (2) of this
455-subsection, or (D) a town designated as an alliance district, as defined
456-in section 10-262u, whose school district is not a priority school district
457-pursuant to section 10-266p. A town in which a priority school is
458-located, a regional school readiness council, pursuant to subsection (c)
459-of section 10-16r, for a region in which such a school is located or a
460-town described in subparagraph (B) of this subdivision may apply for
461-such a grant in an amount equal to the number of spaces in an
462-accredited school readiness program or a school readiness program
463-seeking accreditation multiplied by the per child cost set forth in
464-subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be
465-determined for a [five-year] three-year period based on an applicant's
466-designation as having a priority school or being a town described in
467-subparagraph (B) of this subdivision for the initial year of application.
468-Grant awards shall be made annually contingent upon available
469-funding and a satisfactory annual evaluation. The chief elected official
470-of such town and the superintendent of schools of the school district or
471-the regional school readiness council shall submit a plan, as described
472-in subsection (c) of this section, for the expenditure of such grant funds
473-to the commissioner. In awarding grants pursuant to this subsection,
474-the commissioner shall give preference to applications submitted by Substitute Senate Bill No. 936
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355+subsection shall not apply to the denial of an initial application for a 283
356+license or approval under section 19a-87b, as amended by this act, 284
357+provided the commissioner shall notify the applicant of any such 285
358+denial and the reasons for such denial by mailing written notice to the 286
359+applicant at the applicant's address shown on the license or approval 287
360+application. 288
361+(c) Any person who is licensed to conduct, operate or maintain a 289
362+family child care home or approved to act as an assistant or substitute 290
363+staff member in a family child care home shall notify the commissioner 291
364+of any conviction of the owner, conductor, operator or maintainer of 292
365+the family child care home or of any household member, as defined in 293
366+subsection (c) of section 19a-87b, who is sixteen years of age or older, 294
367+or any person employed in such family child care home in a position 295
368+connected with the provision of care to a child receiving child care 296
369+services, of a crime which affects the commissioner's discretion under 297
370+subsection (a) of this section, immediately upon obtaining knowledge 298
371+of such conviction. Failure to comply with the notification requirement 299
372+of this subsection may result in the suspension or revocation of the 300
373+license or approval or the taking of any other action against a license or 301
374+approval set forth in regulation adopted pursuant to section 19a-79, as 302
375+amended by this act, and shall subject the licensee or approved staff 303
376+member to a civil penalty of not more than one hundred dollars per 304
377+day for each day after the person obtained knowledge of the 305
378+conviction. 306
379+(d) It shall be a class A misdemeanor for any person seeking 307
380+employment in a position connected with the provision of care to a 308
381+child receiving family child care home services to make a false written 309
382+statement regarding prior criminal convictions pursuant to a form 310
383+bearing notice to the effect that such false statements are punishable, 311
384+which statement such person does not believe to be true and is 312
385+intended to mislead the prospective employer. 313
386+(e) Any person having reasonable cause to believe that a family 314
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
479-appropriations, provide a grant to such town or regional school
480-readiness council that increases the number of spaces for eligible
481-children who reside in an area or town described in subparagraphs (A)
482-to (D), inclusive, of this subdivision, in an accredited school readiness
483-program or a school readiness program seeking accreditation. A town
484-or regional school readiness council awarded a grant pursuant to this
485-subsection shall use the funds to purchase spaces for such children
486-from providers of accredited school readiness programs or school
487-readiness programs seeking accreditation.
488-Sec. 10. Section 10-265n of the general statutes is repealed and the
489-following is substituted in lieu thereof (Effective July 1, 2019):
490-The Office of Early Childhood shall administer, within available
491-appropriations, an even start family literacy program [, in accordance
492-with the William F. Goodling Even Start Family Literacy Program
493-under the No Child Left Behind Act, P.L. 107-111,] to provide grants to
494-establish new or expand existing local family literacy programs that
495-provide literacy services for children and the parents or guardians of
496-such children.
497-Sec. 11. Subsection (c) of section 17a-248e of the general statutes is
498-repealed and the following is substituted in lieu thereof (Effective July
499-1, 2019):
500-(c) The individualized family service plan shall be [developed in
501-consultation with the child's pediatrician or primary care physician]
502-signed by the child's pediatrician or a primary care provider or
503-qualified personnel, as those terms are defined in section 17a-248.
504-Sec. 12. Section 17a-248g of the general statutes is repealed and the
505-following is substituted in lieu thereof (Effective July 1, 2019):
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
511-17a-248f, inclusive, this section and sections 38a-490a and 38a-516a
512-shall not be used to satisfy a financial commitment for services that
513-would have been paid from another public or private source but for
514-the enactment of said sections, except for federal funds available
515-pursuant to Part C of the Individuals with Disabilities Education Act,
516-20 USC 1431 et seq., except that whenever considered necessary to
517-prevent the delay in the receipt of appropriate early intervention
518-services by the eligible child or family in a timely fashion, funds
519-provided under said sections may be used to pay the service provider
520-pending reimbursement from the public or private source that has
521-ultimate responsibility for the payment.
522-(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f,
523-inclusive, this section and sections 38a-490a and 38a-516a shall be
524-construed to permit the Department of Social Services or any other
525-state agency to reduce medical assistance pursuant to this chapter or
526-other assistance or services available to eligible children.
527-Notwithstanding any provision of the general statutes, costs incurred
528-for early intervention services that otherwise qualify as medical
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
531-for purposes of payments to providers and state reimbursement to the
532-extent that federal financial participation is available for such services.
533-(c) Providers of early intervention services shall, in the first instance
534-and where applicable, seek payment from all third-party payers prior
535-to claiming payment from the birth-to-three system for services
536-rendered to eligible children, provided, for the purpose of seeking
537-payment from the Medicaid program or from other third-party payers
538-as agreed upon by the provider, the obligation to seek payment shall
539-not apply to a payment from a third-party payer who is not prohibited
540-from applying such payment, and who will apply such payment, to an Substitute Senate Bill No. 936
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
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
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
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
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
420+19a-87b, as amended by this act, pending proceedings for revocation or 342
421+other action. These proceedings shall be promptly instituted and 343
422+determined. 344
423+Sec. 7. (NEW) (Effective July 1, 2019) (a) Any licensee child care 345
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
545-contract.
546-(d) The commissioner, in consultation with the Office of Policy and
547-Management and the Insurance Commissioner, shall adopt
548-regulations, pursuant to chapter 54, providing public reimbursement
549-for deductibles and copayments imposed under an insurance policy or
550-health benefit plan to the extent that such deductibles and copayments
551-are applicable to early intervention services.
552-(e) The commissioner shall establish and periodically revise, in
553-accordance with this section, a schedule of fees based on a sliding scale
554-for early intervention services. The schedule of fees shall consider the
555-cost of such services relative to the financial resources of the state and
556-the parents or legal guardians of eligible children, provided that on
557-and after October 6, 2009, the commissioner shall (1) charge fees to
558-such parents or legal guardians that are sixty per cent greater than the
559-amount of the fees charged on the date prior to October 6, 2009; and (2)
560-charge fees for all services provided, including those services provided
561-in the first two months following the enrollment of a child in the
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
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
570-agency may assign its right to collect fees to a designee or provider
571-participating in the early intervention program and providing services
572-to a recipient in order to assist the provider in obtaining payment for
573-such services. The commissioner may implement procedures for the
574-collection of the schedule of fees while in the process of adopting or Substitute Senate Bill No. 936
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433+group child care home, and (3) the parents or guardians of children 349
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
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
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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
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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
475+Sec. 9. Subdivision (1) of subsection (d) of section 10-16p of the 385
476+general statutes is repealed and the following is substituted in lieu 386
477+thereof (Effective July 1, 2019): 387
478+(d) (1) The commissioner shall establish a competitive grant 388
479+program to provide spaces in accredited school readiness programs or 389
480+school readiness programs seeking accreditation located in (A) an area 390
481+served by a priority school or a former priority school, (B) a town 391
482+ranked one to fifty when all towns are ranked in ascending order 392
483+according to town wealth, as defined in subdivision (26) of section 10-393
484+262f, whose school district is not a priority school district pursuant to 394
485+section 10-266p, (C) a town formerly a town described in subparagraph 395
486+(B) of this subdivision, as provided for in subdivision (2) of this 396
487+subsection, or (D) a town designated as an alliance district, as defined 397
488+in section 10-262u, whose school district is not a priority school district 398
489+pursuant to section 10-266p. A town in which a priority school is 399
490+located, a regional school readiness council, pursuant to subsection (c) 400
491+of section 10-16r, for a region in which such a school is located or a 401
492+town described in subparagraph (B) of this subdivision may apply for 402
493+such a grant in an amount equal to the number of spaces in an 403
494+accredited school readiness program or a school readiness program 404
495+seeking accreditation multiplied by the per child cost set forth in 405
496+subdivision (1) of subsection (b) of section 10-16q. Eligibility shall be 406
497+determined for a [five-year] three-year period based on an applicant's 407
498+designation as having a priority school or being a town described in 408
499+subparagraph (B) of this subdivision for the initial year of application. 409
500+Grant awards shall be made annually contingent upon available 410
501+funding and a satisfactory annual evaluation. The chief elected official 411
502+of such town and the superintendent of schools of the school district or 412
503+the regional school readiness council shall submit a plan, as described 413 Substitute Bill No. 936
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646505
647-appointed by the commissioner in writing. Such person and the
648-commissioner or hearing officer may issue subpoenas requiring the
649-attendance of witnesses. Such person shall be entitled to be
650-represented by counsel and a transcript of the hearing shall be made. If
651-the hearing is conducted by a hearing officer, the hearing officer shall
652-state the hearing officer's findings and make a recommendation to the
653-commissioner on the issue of suspension or revocation. The
654-commissioner, based upon the findings and recommendation of the
655-hearing officer, or after a hearing conducted by the commissioner, shall
656-render the commissioner's decision in writing suspending, revoking or
657-continuing such approval. A copy of the decision shall be sent by
658-certified mail to such person. The decision suspending or revoking
659-such approval shall become effective thirty days after it is mailed by
660-registered or certified mail to such person. Any person aggrieved by
661-the decision of the commissioner may appeal as provided in section
662-19a-85 of the general statutes. Any person whose approval has been
663-revoked pursuant to this subsection shall be ineligible to apply for an
664-approval for a period of one year from the effective date of revocation.
665-(c) The provisions of this section shall not apply to the denial of an
666-initial application for an approval to work as a head teacher or an
667-educational consultant in a licensed child care center or group child
668-care home, pursuant to subsection (a) of this section, provided the
669-commissioner shall notify the applicant of any such denial and the
670-reasons for such denial by mailing written notice to the applicant at the
671-applicant's address shown on the application for such approval.
672-Sec. 14. (NEW) (Effective July 1, 2019) Any child care center or group
673-child care home that is licensed with a preschool endorsement, in
674-accordance with regulations adopted pursuant to section 19a-79 of the
675-general statutes, as amended by this act, may deem a child who is
676-thirty-two to thirty-six months of age, inclusive, to be three years of
677-age for purposes of enrolling such child in a preschool program Substitute Senate Bill No. 936
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510+in subsection (c) of this section, for the expenditure of such grant funds 414
511+to the commissioner. In awarding grants pursuant to this subsection, 415
512+the commissioner shall give preference to applications submitted by 416
513+regional school readiness councils and may, within available 417
514+appropriations, provide a grant to such town or regional school 418
515+readiness council that increases the number of spaces for eligible 419
516+children who reside in an area or town described in subparagraphs (A) 420
517+to (D), inclusive, of this subdivision, in an accredited school readiness 421
518+program or a school readiness program seeking accreditation. A town 422
519+or regional school readiness council awarded a grant pursuant to this 423
520+subsection shall use the funds to purchase spaces for such children 424
521+from providers of accredited school readiness programs or school 425
522+readiness programs seeking accreditation. 426
523+Sec. 10. Section 10-265n of the general statutes is repealed and the 427
524+following is substituted in lieu thereof (Effective July 1, 2019): 428
525+The Office of Early Childhood shall administer, within available 429
526+appropriations, an even start family literacy program [, in accordance 430
527+with the William F. Goodling Even Start Family Literacy Program 431
528+under the No Child Left Behind Act, P.L. 107-111,] to provide grants to 432
529+establish new or expand existing local family literacy programs that 433
530+provide literacy services for children and the parents or guardians of 434
531+such children. 435
532+Sec. 11. Subsection (c) of section 17a-248e of the general statutes is 436
533+repealed and the following is substituted in lieu thereof (Effective July 437
534+1, 2019): 438
535+(c) The individualized family service plan shall be [developed in 439
536+consultation with the child's pediatrician or primary care physician] 440
537+signed by the child's pediatrician or a primary care provider or 441
538+qualified personnel, as those terms are defined in section 17a-248. 442
539+Sec. 12. Section 17a-248g of the general statutes is repealed and the 443
540+following is substituted in lieu thereof (Effective July 1, 2019): 444 Substitute Bill No. 936
680541
681-provided by such center or home, provided such center or home
682-receives written authorization from such child's parent or guardian
683-and the program director to so enroll such child in the preschool
684-program.
685-Sec. 15. Section 10-520 of the general statutes is repealed. (Effective
686-from passage)
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547+(a) Subject to the provisions of this section, funds appropriated to 445
548+the lead agency for purposes of section 17a-248, sections 17a-248b to 446
549+17a-248f, inclusive, this section and sections 38a-490a and 38a-516a 447
550+shall not be used to satisfy a financial commitment for services that 448
551+would have been paid from another public or private source but for 449
552+the enactment of said sections, except for federal funds available 450
553+pursuant to Part C of the Individuals with Disabilities Education Act, 451
554+20 USC 1431 et seq., except that whenever considered necessary to 452
555+prevent the delay in the receipt of appropriate early intervention 453
556+services by the eligible child or family in a timely fashion, funds 454
557+provided under said sections may be used to pay the service provider 455
558+pending reimbursement from the public or private source that has 456
559+ultimate responsibility for the payment. 457
560+(b) Nothing in section 17a-248, sections 17a-248b to 17a-248f, 458
561+inclusive, this section and sections 38a-490a and 38a-516a shall be 459
562+construed to permit the Department of Social Services or any other 460
563+state agency to reduce medical assistance pursuant to this chapter or 461
564+other assistance or services available to eligible children. 462
565+Notwithstanding any provision of the general statutes, costs incurred 463
566+for early intervention services that otherwise qualify as medical 464
567+assistance that are furnished to an eligible child who is also eligible for 465
568+benefits pursuant to this chapter shall be considered medical assistance 466
569+for purposes of payments to providers and state reimbursement to the 467
570+extent that federal financial participation is available for such services. 468
571+(c) Providers of early intervention services shall, in the first instance 469
572+and where applicable, seek payment from all third-party payers prior 470
573+to claiming payment from the birth-to-three system for services 471
574+rendered to eligible children, provided, for the purpose of seeking 472
575+payment from the Medicaid program or from other third-party payers 473
576+as agreed upon by the provider, the obligation to seek payment shall 474
577+not apply to a payment from a third-party payer who is not prohibited 475
578+from applying such payment, and who will apply such payment, to an 476
579+annual or lifetime limit specified in the third-party payer's policy or 477 Substitute Bill No. 936
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586+contract. 478
587+(d) The commissioner, in consultation with the Office of Policy and 479
588+Management and the Insurance Commissioner, shall adopt 480
589+regulations, pursuant to chapter 54, providing public reimbursement 481
590+for deductibles and copayments imposed under an insurance policy or 482
591+health benefit plan to the extent that such deductibles and copayments 483
592+are applicable to early intervention services. 484
593+(e) The commissioner shall establish and periodically revise, in 485
594+accordance with this section, a schedule of fees based on a sliding scale 486
595+for early intervention services. The schedule of fees shall consider the 487
596+cost of such services relative to the financial resources of the state and 488
597+the parents or legal guardians of eligible children, provided that on 489
598+and after October 6, 2009, the commissioner shall (1) charge fees to 490
599+such parents or legal guardians that are sixty per cent greater than the 491
600+amount of the fees charged on the date prior to October 6, 2009; and (2) 492
601+charge fees for all services provided, including those services provided 493
602+in the first two months following the enrollment of a child in the 494
603+program. Fees may be charged to any such parent or guardian, 495
604+regardless of income, and shall be charged to any such parent or 496
605+guardian with a gross annual family income of forty-five thousand 497
606+dollars or more, except that no fee may be charged to the parent or 498
607+guardian of a child who is eligible for Medicaid. Notwithstanding the 499
608+provisions of subdivision (8) of section 17a-248, as used in this 500
609+subsection, "parent" means the biological or adoptive parent or legal 501
610+guardian of any child receiving early intervention services. The lead 502
611+agency may assign its right to collect fees to a designee or provider 503
612+participating in the early intervention program and providing services 504
613+to a recipient in order to assist the provider in obtaining payment for 505
614+such services. The commissioner may implement procedures for the 506
615+collection of the schedule of fees while in the process of adopting or 507
616+amending such criteria in regulation, provided the commissioner posts 508
617+notice of intention to adopt or amend the regulations on the 509
618+eRegulations System, established pursuant to section 4-173b, within 510 Substitute Bill No. 936
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624+
625+twenty days of implementing the policy. Such collection procedures 511
626+and schedule of fees shall be valid until the time the final regulations 512
627+or amendments are effective. 513
628+(f) The commissioner shall develop and implement procedures to 514
629+hold a recipient harmless for the impact of pursuit of payment for 515
630+early intervention services against lifetime insurance limits. 516
631+(g) Notwithstanding any provision of title 38a relating to the 517
632+permissible exclusion of payments for services under governmental 518
633+programs, no such exclusion shall apply with respect to payments 519
634+made pursuant to section 17a-248, sections 17a-248b to 17a-248f, 520
635+inclusive, this section and sections 38a-490a and 38a-516a. Except as 521
636+provided in this subsection, nothing in this section shall increase or 522
637+enhance coverages provided for within an insurance contract subject to 523
638+the provisions of section 10-94f, subsection (a) of section 10-94g, 524
639+subsection (a) of section 17a-219b, subsection (a) of section 17a-219c, 525
640+sections 17a-248, 17a-248b to 17a-248f, inclusive, this section, and 526
641+sections 38a-490a and 38a-516a. 527
642+[(h) Notwithstanding any provision of the general statutes or the 528
643+regulations of Connecticut state agencies, the signature on an 529
644+individualized family service plan of an advanced practice registered 530
645+nurse, working within said nurse's scope of practice in collaboration 531
646+with a physician licensed to practice medicine in this state, in 532
647+accordance with section 20-87a, and performing or directly supervising 533
648+the primary care services for children enrolled in the birth-to-three 534
649+program, shall be deemed sufficient to order all such services included 535
650+in the individualized family service plan and shall be deemed 536
651+sufficient by the Department of Social Services to substantiate a claim 537
652+for federal financial participation.] 538
653+Sec. 13. Section 10-520 of the general statutes is repealed. (Effective 539
654+from passage) 540 Substitute Bill No. 936
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661+This act shall take effect as follows and shall amend the following
662+sections:
663+
664+Section 1 July 1, 2019 17b-749(a) to (c)
665+Sec. 2 July 1, 2019 19a-79
666+Sec. 3 July 1, 2019 19a-87b
667+Sec. 4 July 1, 2019 10-530
668+Sec. 5 July 1, 2019 19a-84
669+Sec. 6 July 1, 2019 19a-87e
670+Sec. 7 July 1, 2019 New section
671+Sec. 8 from passage 10-520a
672+Sec. 9 July 1, 2019 10-16p(d)(1)
673+Sec. 10 July 1, 2019 10-265n
674+Sec. 11 July 1, 2019 17a-248e(c)
675+Sec. 12 July 1, 2019 17a-248g
676+Sec. 13 from passage Repealer section
677+
678+ED Joint Favorable Subst.
679+JUD Joint Favorable
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