Connecticut 2020 Regular Session

Connecticut House Bill HB05213 Compare Versions

Only one version of the bill is available at this time.

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4	4	LCO No. 462 1 of 6
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6	6	General Assembly Raised Bill No. 5213
7	7	February Session, 2020
8	8	LCO No. 462
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10	10
11	11	Referred to Committee on EDUCATION
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13	13
14	14	Introduced by:
15	15	(ED)
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20	20	AN ACT CONCERNING TH E CREATION OF A PILOT PROGRAM FOR
21	21	AN EARLY CHILDHOOD B USINESS INCUBATOR MODEL.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Section 19a-87b of the 2020 supplement to the general 1
26	26	statutes is repealed and the following is substituted in lieu thereof 2
27	27	(Effective July 1, 2020): 3
28	28	(a) No person, group of persons, association, organization, 4
29	29	corporation, institution or agency, public or private, shall maintain a 5
30	30	family child care home, as [defined] described in section 19a-77, without 6
31	31	a license issued by the Commissioner of Early Childhood. Licensure 7
32	32	forms shall be obtained from the Office of Early Childhood. 8
33	33	Applications for licensure shall be made to the commissioner on forms 9
34	34	provided by the office and shall contain the information required by 10
35	35	regulations adopted under this section. The licensure and application 11
36	36	forms shall contain a notice that false statements made [therein] in such 12
37	37	forms are punishable in accordance with section 53a-157b. Applicants 13
38	38	shall state, in writing, that they are in compliance with the regulations 14
39	39	adopted by the commissioner pursuant to subsection (f) of this section. 15 Raised Bill No. 5213
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43	43	LCO No. 462 2 of 6
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45	45	Before a family child care home license is granted, the office shall make 16
46	46	an inquiry and investigation which shall include a visit and inspection 17
47	47	of the premises for which the license is requested. Any inspection 18
48	48	conducted by the office shall include an inspection for evident sources 19
49	49	of lead poisoning. The office shall provide for a chemical analysis of any 20
50	50	paint chips found on such premises. Neither the commissioner nor the 21
51	51	commissioner's designee shall require an annual inspection for homes 22
52	52	seeking license renewal or for licensed homes, except that the 23
53	53	commissioner or the commissioner's designee shall make an 24
54	54	unannounced visit, inspection or investigation of each licensed family 25
55	55	child care home at least once every year. A licensed family child care 26
56	56	home shall not be subject to any conditions on the operation of such 27
57	57	home by local officials, other than those imposed by the office pursuant 28
58	58	to this subsection, if the home complies with all local codes and 29
59	59	ordinances applicable to single and multifamily dwellings. 30
60	60	(b) No person shall act as an assistant or substitute staff member to a 31
61	61	person or entity maintaining a family child care home, as [defined] 32
62	62	described in section 19a-77, without an approval issued by the 33
63	63	commissioner. Any person seeking to act as an assistant or substitute 34
64	64	staff member in a family child care home shall submit an application for 35
65	65	such approval to the office. Applications for approval shall: (1) Be made 36
66	66	to the commissioner on forms provided by the office, (2) contain the 37
67	67	information required by regulations adopted under this section, and (3) 38
68	68	be accompanied by a fee of fifteen dollars. The approval application 39
69	69	forms shall contain a notice that false statements made in such form are 40
70	70	punishable in accordance with section 53a-157b. 41
71	71	(c) The commissioner, within available appropriations, shall require 42
72	72	each initial applicant or prospective employee of a family child care 43
73	73	home in a position requiring the provision of care to a child, including 44
74	74	an assistant or substitute staff member and each household member 45
75	75	who is sixteen years of age or older, to submit to comprehensive 46
76	76	background checks, including state and national criminal history 47
77	77	records checks. The criminal history records checks required pursuant 48
78	78	to this subsection shall be conducted in accordance with section 29-17a. 49 Raised Bill No. 5213
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82	82	LCO No. 462 3 of 6
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84	84	The commissioner shall also request a check of the state child abuse 50
85	85	registry established pursuant to section 17a-101k. The commissioner 51
86	86	shall notify each licensee of the provisions of this subsection. For 52
87	87	purposes of this subsection, "household member" means any person, 53
88	88	other than the person who is licensed to conduct, operate or maintain a 54
89	89	family child care home, who resides in the family child care home, such 55
90	90	as the licensee's spouse or children, tenants and any other occupant. 56
91	91	(d) An application for initial licensure pursuant to this section shall 57
92	92	be accompanied by a fee of forty dollars and such license shall be issued 58
93	93	for a term of four years. An application for renewal of a license issued 59
94	94	pursuant to this section shall be accompanied by a fee of forty dollars 60
95	95	and a certification from the licensee that any child enrolled in the family 61
96	96	child care home has received age-appropriate immunizations in 62
97	97	accordance with regulations adopted pursuant to subsection (f) of this 63
98	98	section. A license issued pursuant to this section shall be renewed for a 64
99	99	term of four years. In the case of an applicant submitting an application 65
100	100	for renewal of a license that has expired, and who has ceased operations 66
101	101	of a family child care home due to such expired license, the 67
102	102	commissioner may renew such expired license within thirty days of the 68
103	103	date of such expiration upon receipt of an application for renewal that 69
104	104	is accompanied by such fee and such certification. 70
105	105	(e) An application for initial staff approval or renewal of staff 71
106	106	approval shall be accompanied by a fee of fifteen dollars. Such 72
107	107	approvals shall be issued or renewed for a term of two years. 73
108	108	(f) The commissioner shall adopt regulations, in accordance with the 74
109	109	provisions of chapter 54, to [assure] ensure that family child care homes, 75
110	110	as [defined] described in section 19a-77, meet the health, educational 76
111	111	and social needs of children utilizing such homes. Such regulations shall 77
112	112	ensure that the family child care home is treated as a residence, and not 78
113	113	an institutional facility. Such regulations shall specify that each child be 79
114	114	protected as age-appropriate by adequate immunization against 80
115	115	diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 81
116	116	hemophilus influenzae type B and any other vaccine required by the 82 Raised Bill No. 5213
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120	120	LCO No. 462 4 of 6
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122	122	schedule of active immunization adopted pursuant to section 19a-7f. 83
123	123	Such regulations shall provide appropriate exemptions for children for 84
124	124	whom such immunization is medically contraindicated and for children 85
125	125	whose parents or guardian objects to such immunization on religious 86
126	126	grounds and require that any such objection be accompanied by a 87
127	127	statement from such parents or guardian that such immunization would 88
128	128	be contrary to the religious beliefs of such child or the parents or 89
129	129	guardian of such child, which statement shall be acknowledged, in 90
130	130	accordance with the provisions of sections 1-32, 1-34 and 1-35, by (1) a 91
131	131	judge of a court of record or a family support magistrate, (2) a clerk or 92
132	132	deputy clerk of a court having a seal, (3) a town clerk, (4) a notary public, 93
133	133	(5) a justice of the peace, or (6) an attorney admitted to the bar of this 94
134	134	state. Such regulations shall also specify conditions under which family 95
135	135	child care home providers may administer tests to monitor glucose 96
136	136	levels in a child with diagnosed diabetes mellitus, and administer 97
137	137	medicinal preparations, including controlled drugs specified in the 98
138	138	regulations by the commissioner, to a child receiving child care services 99
139	139	at a family child care home pursuant to a written order of a physician 100
140	140	licensed to practice medicine in this or another state, an advanced 101
141	141	practice registered nurse licensed to prescribe in accordance with 102
142	142	section 20-94a or a physician assistant licensed to prescribe in 103
143	143	accordance with section 20-12d, and the written authorization of a 104
144	144	parent or guardian of such child. Such regulations shall specify 105
145	145	appropriate standards for extended care and intermittent short-term 106
146	146	overnight care. The commissioner shall inform each licensee, by way of 107
147	147	a plain language summary provided not later than sixty days after the 108
148	148	regulation's effective date, of any new or changed regulations adopted 109
149	149	under this subsection with which a licensee must comply. 110
150	150	(g) Upon the declaration by the Governor of a civil preparedness 111
151	151	emergency pursuant to section 28-9 or a public health emergency 112
152	152	pursuant to section 19a-131a, the commissioner may waive the 113
153	153	provisions of any regulation adopted pursuant to this section if the 114
154	154	commissioner determines that such waiver would not endanger the life, 115
155	155	safety or health of any child. The commissioner shall prescribe the 116 Raised Bill No. 5213
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159	159	LCO No. 462 5 of 6
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161	161	duration of such waiver, provided such waiver shall not extend beyond 117
162	162	the duration of the declared emergency. The commissioner shall 118
163	163	establish the criteria by which a waiver request shall be made and the 119
164	164	conditions for which a waiver will be granted or denied. The provisions 120
165	165	of section 19a-84 shall not apply to a denial of a waiver request under 121
166	166	this subsection. 122
167	167	(h) Any family child care home may provide child care services to 123
168	168	homeless children and youths, as defined in 42 USC 11434a, as amended 124
169	169	from time to time, for a period not to exceed ninety days without 125
170	170	complying with any provision in regulations adopted pursuant to this 126
171	171	section relating to immunization and physical examination 127
172	172	requirements. Any family child care home that provides child care 128
173	173	services to homeless children and youths at such home under this 129
174	174	subsection shall maintain a record on file of all homeless children and 130
175	175	youths who have attended such home for a period of two years after 131
176	176	such homeless children or youths are no longer receiving child care 132
177	177	services at such home. 133
178	178	(i) Any family child care home may provide child care services to a 134
179	179	foster child for a period not to exceed forty-five days without complying 135
180	180	with any provision in regulations adopted pursuant to this section 136
181	181	relating to immunization and physical examination requirements. Any 137
182	182	family child care home that provides child care services to a foster child 138
183	183	at such home under this subsection shall maintain a record on file of 139
184	184	such foster child for a period of two years after such foster child is no 140
185	185	longer receiving child care services at such home. For purposes of this 141
186	186	subsection, "foster child" means a child who is in the care and custody 142
187	187	of the Commissioner of Children and Families and placed in a foster 143
188	188	home licensed pursuant to section 17a-114, foster home approved by a 144
189	189	child-placing agency licensed pursuant to section 17a-149, facility 145
190	190	licensed pursuant to section 17a-145 or with a relative or fictive kin 146
191	191	caregiver pursuant to section 17a-114. 147
192	192	(j) For the fiscal years ending June 30, 2021, to June 30, 2025, inclusive, 148
193	193	the Commissioner of Early Childhood may issue a license to maintain a 149 Raised Bill No. 5213
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197	197	LCO No. 462 6 of 6
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199	199	family child care home in the cities of New Britain, New Haven, 150
200	200	Bridgeport, Stamford or Hartford in accordance with the provisions of 151
201	201	this chapter to a person or group of persons who have partnered with 152
202	202	an association, organization, corporation, institution or agency, public 153
203	203	or private, to provide child care services in a space within a facility, 154
204	204	other than a private family home and that has been approved by the 155
205	205	commissioner, that has been provided by such association, 156
206	206	organization, corporation, institution or agency. The commissioner shall 157
207	207	not approve more than one facility in each such city to be used for 158
208	208	licenses issued under this subsection. An application for a license under 159
209	209	this subsection shall include a copy of the current fire marshal certificate 160
210	210	of compliance with the Fire Safety Code, and written verification of 161
211	211	compliance with the State Building Code, local zoning and building 162
212	212	requirements and local health ordinances. The commissioner may 163
213	213	require an applicant for a license under this subsection to comply with 164
214	214	additional conditions relating to the health and safety of the children 165
215	215	who will be served in such facility. The commissioner may waive any 166
216	216	requirement that does not apply to such facility. Any license issued 167
217	217	under this subsection shall expire on June 30, 2025, except that the 168
218	218	commissioner may suspend or revoke any such license at any time in 169
219	219	accordance with the provisions of section 19a-87e. 170
220	220	This act shall take effect as follows and shall amend the following
221	221	sections:
222	222
223	223	Section 1 July 1, 2020 19a-87b
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225	225	Statement of Purpose:
226	226	To establish a pilot program that authorizes the Commissioner of Early
227	227	Childhood to issue a license to a person or group of persons to operate
228	228	a family child care home in a space that is not a private home and that
229	229	has been provided by an association, organization, corporation,
230	230	institution or agency.
231	231	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
232	232	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
233	233	underlined.]
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