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statutes is repealed and the following is substituted in lieu thereof 2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