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General Assembly Raised Bill No. 5218
February Session, 2020
LCO No. 1482
Referred to Committee on EDUCATION
Introduced by:
(ED)
AN ACT IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE
OF EARLY CHILDHOOD.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (c) of section 19a-80 of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2020): 3
(c) The commissioner [, within available appropriations,] shall 4
require [each prospective employee of] any person who is eighteen 5
years of age or older and a prospective employee of a child care center 6
or group child care home [in] for a position [requiring] that requires the 7
provision of care to a child or involves unsupervised access to any child 8
in such child care center or group child care home, to submit to 9
comprehensive background checks, including state and national 10
criminal history records checks. The criminal history records checks 11
required pursuant to this subsection shall be conducted in accordance 12
with section 29-17a. The commissioner shall also request a check of the 13
state child abuse registry established pursuant to section 17a-101k. [The 14
Department of Social Services may agree to transfer funds appropriated 15 Raised Bill No. 5218
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for criminal history records checks to the Office of Early Childhood.] 16
The Commissioner of Early Childhood shall notify each licensee of the 17
provisions of this subsection. No such prospective employee shall [have 18
unsupervised access to children in the child care center or group child 19
care home until such comprehensive background check is completed 20
and the Commissioner of Early Childhood permits such prospective 21
employee to work in such child care center or group child care home] 22
begin working in such child care center or group child care home until 23
the provisions of 45 CFR 98.43(d)(4), as amended from time to time, have 24
been satisfied. 25
Sec. 2. Subsection (c) of section 19a-87b of the 2020 supplement to the 26
general statutes is repealed and the following is substituted in lieu 27
thereof (Effective October 1, 2020): 28
(c) The commissioner [, within available appropriations,] shall 29
require each initial applicant or prospective employee of a family child 30
care home in a position requiring the provision of care to a child, 31
including an assistant or substitute staff member and each household 32
member who is [sixteen] eighteen years of age or older, to submit to 33
comprehensive background checks, including state and national 34
criminal history records checks. The criminal history records checks 35
required pursuant to this subsection shall be conducted in accordance 36
with section 29-17a. The commissioner shall also request a check of the 37
state child abuse registry established pursuant to section 17a-101k. The 38
commissioner shall notify each licensee of the provisions of this 39
subsection. For purposes of this subsection, "household member" means 40
any person, other than the person who is licensed to conduct, operate or 41
maintain a family child care home, who resides in the family child care 42
home, such as the licensee's spouse or children, tenants and any other 43
occupant. 44
Sec. 3. Section 10-530 of the 2020 supplement to the general statutes 45
is repealed and the following is substituted in lieu thereof (Effective 46
October 1, 2020): 47 Raised Bill No. 5218
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(a) As used in this section: 48
(1) "Child care facility" means a "child care center", "group child care 49
home" or "family child care home" that provides "child care services", 50
each as described in section 19a-77, or any provider of child care services 51
under the child care subsidy program established pursuant to section 52
17b-749; 53
(2) "Child care services provider or staff member" means any person 54
who is (A) a licensee, employee, volunteer or alternate staff, assistant, 55
substitute or household member of a child care facility, (B) a family child 56
care provider, or (C) any other person who provides child care services 57
under the child care subsidy program established pursuant to section 58
17b-749 but does not include a person who is providing child care 59
services under the child care subsidy program (i) exclusively to children 60
with whom such person is related, and (ii) without being issued a license 61
to provide child care services by the Office of Early Childhood; and 62
(3) "Family child care provider" means any person who provides 63
child care services under the child care subsidy program established 64
pursuant to section 17b-749 (A) in a family child care home, as [defined] 65
described in section 19a-77, or (B) in a home not requiring a license 66
pursuant to subdivision (4) of subsection (b) of section 19a-77. 67
(b) The comprehensive background checks required pursuant to 68
subsection (c) of section 19a-80, as amended by this act, subsection (c) of 69
section 19a-87b, as amended by this act, [and] subsection (a) of section 70
17b-749k, and subsection (b) of section 19a-421 shall be conducted at 71
least once every five years for each child care services provider or staff 72
member in accordance with the provisions of 45 CFR 98.43, as amended 73
from time to time. 74
(c) Any person who applies for a position at a child care facility in the 75
state shall not be required to submit to such comprehensive background 76
checks if such person (1) is an employee of a child care facility in the 77
state, or has not been separated from employment as a child care 78
services provider or staff member in the state for a period of more than 79 Raised Bill No. 5218
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one hundred eighty days, and (2) has successfully completed such 80
comprehensive background checks in the previous five years. Nothing 81
in this section prohibits the Commissioner of Early Childhood from 82
requiring that a person applying for a position as a child care services 83
provider or staff member submit to comprehensive background checks 84
more than once during a five-year period. 85
(d) Any person required to submit to comprehensive background 86
checks pursuant to subsection (c) of section 19a-80, as amended by this 87
act, subsection (c) of section 19a-87b, as amended by this act, subsection 88
(a) of section 17b-749k and subsection (b) of section 19a-421, may make 89
a request, in writing, to the Commissioner of Early Childhood for a 90
waiver of the requirement to submit fingerprints. Such written waiver 91
request shall include such person's name and date of birth, and evidence 92
that such person is unable to satisfy such fingerprints requirement due 93
to a medical condition, including, but not limited to, a birth defect, 94
physical deformity, skin condition or psychiatric condition. Upon 95
granting a waiver to a person under this subsection, the Office of Early 96
Childhood shall conduct a state criminal history records check of such 97
person based on the name and date of birth of such person that is 98
included in the written waiver request. 99
Sec. 4. Section 17b-751b of the general statutes is repealed and the 100
following is substituted in lieu thereof (Effective July 1, 2020): 101
(a) The Commissioner of Early Childhood shall establish the 102
structure for a state-wide [system for a Nurturing Families Network] 103
Connecticut Home Visiting System, which demonstrates the benefits of 104
preventive services by significantly reducing the abuse and neglect of 105
infants and young children, and by enhancing parent-child 106
relationships through [hospital-based] community-based assessment 107
with home outreach follow-up on infants and their families within 108
families identified as high risk. 109
(b) The commissioner shall: (1) [Develop the comprehensive risk 110
assessment to be used by the Nurturing Families Network's providers; 111 Raised Bill No. 5218
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(2) develop the training program, standards, and protocols for the pilot 112
programs;] Ensure that all home visiting programs are evidence-based 113
home visiting models that meet the criteria for evidence of effectiveness 114
of the United States Department of Health and Human Services; (2) 115
provide oversight to home visiting programs to ensure model fidelity; 116
and (3) develop, issue and evaluate requests for proposals to procure 117
the services required by this section. In evaluating the proposals, the 118
commissioner shall take into consideration the most effective and 119
consistent service delivery system allowing for the continuation of 120
current public and private programs. 121
(c) The commissioner shall establish a data system to enable the 122
programs to document the following information in a standard manner: 123
(1) The level of screening and assessment; (2) profiles of risk and family 124
demographics; (3) the incidence of child abuse and neglect; (4) rates of 125
child development; and (5) any other information the commissioner 126
deems appropriate. 127
(d) The commissioner shall report to the General Assembly, in 128
accordance with the provisions of section 11-4a, on the establishment, 129
implementation and progress of the [Nurturing Families Network,] 130
Connecticut Home Visiting System, on July 1, 2021, and on July first of 131
each year thereafter. 132
(e) The commissioner may expend an amount not to exceed two per 133
cent of the amount appropriated for purposes of this section in a manner 134
consistent with the provisions of section 10-509, as amended by this act. 135
Sec. 5. Section 17b-751d of the general statutes is repealed and the 136
following is substituted in lieu thereof (Effective July 1, 2020): 137
The Office of Early Childhood shall be the lead state agency for 138
community-based, prevention-focused programs and activities 139
designed to strengthen and support families to prevent child abuse and 140
neglect. The responsibilities of the office shall include, but not be limited 141
to, collaborating with state agencies, hospitals, clinics, schools and 142
community service organizations, to: (1) Initiate programs to support 143 Raised Bill No. 5218
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families at risk for child abuse or neglect; (2) assist organizations to 144
recognize child abuse and neglect; (3) encourage community safety; (4) 145
increase broad-based efforts to prevent child abuse and neglect; (5) 146
create a network of agencies to advance child abuse and neglect 147
prevention; and (6) increase public awareness of child abuse and neglect 148
issues. The office, subject to available state, federal and private funding, 149
shall be responsible for implementing and maintaining programs and 150
services, including, but not limited to: (A) The [Nurturing Families 151
Network] Connecticut Home Visiting System, established pursuant to 152
subsection (a) of section 17b-751b, as amended by this act; (B) [Family 153
Empowerment Initiative programs; (C)] Help Me Grow; [(D) Family 154
School Connection; (E) support services for residents of a respite group 155
home for girls; (F) volunteer services; (G)] (C) family development 156
training; [(H)] (D) shaken baby syndrome prevention; and [(I)] (E) child 157
sexual abuse prevention. 158
Sec. 6. Subsection (a) of section 10-509 of the general statutes is 159
repealed and the following is substituted in lieu thereof (Effective July 1, 160
2020): 161
(a) As used in this subsection, "early care and education and 162
childhood development programs" includes the child care subsidy 163
program, established pursuant to section 17b-749, the school readiness 164
program, as defined in section 10-16p, the supplemental quality 165
enhancement grant program, established pursuant to section 17b-749c, 166
the [Nurturing Families Network] Connecticut Home Visiting System, 167
established pursuant to section 17b-751b, as amended by this act, and 168
the program for state financial assistance for neighborhood facilities, 169
including child care centers, pursuant to section 8-210. 170
Sec. 7. Subsection (a) of section 17b-261 of the 2020 supplement to the 171
general statutes is repealed and the following is substituted in lieu 172
thereof (Effective July 1, 2020): 173
(a) Medical assistance shall be provided for any otherwise eligible 174
person whose income, including any available support from legally 175 Raised Bill No. 5218
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liable relatives and the income of the person's spouse or dependent 176
child, is not more than one hundred forty-three per cent, pending 177
approval of a federal waiver applied for pursuant to subsection (e) of 178
this section, of the benefit amount paid to a person with no income 179
under the temporary family assistance program in the appropriate 180
region of residence and if such person is an institutionalized individual 181
as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 182
and has not made an assignment or transfer or other disposition of 183
property for less than fair market value for the purpose of establishing 184
eligibility for benefits or assistance under this section. Any such 185
disposition shall be treated in accordance with Section 1917(c) of the 186
Social Security Act, 42 USC 1396p(c). Any disposition of property made 187
on behalf of an applicant or recipient or the spouse of an applicant or 188
recipient by a guardian, conservator, person authorized to make such 189
disposition pursuant to a power of attorney or other person so 190
authorized by law shall be attributed to such applicant, recipient or 191
spouse. A disposition of property ordered by a court shall be evaluated 192
in accordance with the standards applied to any other such disposition 193
for the purpose of determining eligibility. The commissioner shall 194
establish the standards for eligibility for medical assistance at one 195
hundred forty-three per cent of the benefit amount paid to a household 196
of equal size with no income under the temporary family assistance 197
program in the appropriate region of residence. In determining 198
eligibility, the commissioner shall not consider as income Aid and 199
Attendance pension benefits granted to a veteran, as defined in section 200
27-103, or the surviving spouse of such veteran. Except as provided in 201
section 17b-277 and section 17b-292, the medical assistance program 202
shall provide coverage to persons under the age of nineteen with 203
household income up to one hundred ninety-six per cent of the federal 204
poverty level without an asset limit and to persons under the age of 205
nineteen, who qualify for coverage under Section 1931 of the Social 206
Security Act, with household income not exceeding one hundred 207
ninety-six per cent of the federal poverty level without an asset limit, 208
and their parents and needy caretaker relatives, who qualify for 209
coverage under Section 1931 of the Social Security Act, with household 210 Raised Bill No. 5218
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income not exceeding one hundred fifty-five per cent of the federal 211
poverty level without an asset limit. Such levels shall be based on the 212
regional differences in such benefit amount, if applicable, unless such 213
levels based on regional differences are not in conformance with federal 214
law. Any income in excess of the applicable amounts shall be applied as 215
may be required by said federal law, and assistance shall be granted for 216
the balance of the cost of authorized medical assistance. The 217
Commissioner of Social Services shall provide applicants for assistance 218
under this section, at the time of application, with a written statement 219
advising them of (1) the effect of an assignment or transfer or other 220
disposition of property on eligibility for benefits or assistance, (2) the 221
effect that having income that exceeds the limits prescribed in this 222
subsection will have with respect to program eligibility, and (3) the 223
availability of, and eligibility for, services provided by the [Nurturing 224
Families Network] Connecticut Home Visiting System, established 225
pursuant to section 17b-751b, as amended by this act. For coverage dates 226
on or after January 1, 2014, the department shall use the modified 227
adjusted gross income financial eligibility rules set forth in Section 228
1902(e)(14) of the Social Security Act and the implementing regulations 229
to determine eligibility for HUSKY A, HUSKY B and HUSKY D 230
applicants, as defined in section 17b-290. Persons who are determined 231
ineligible for assistance pursuant to this section shall be provided a 232
written statement notifying such persons of their ineligibility and 233
advising such persons of their potential eligibility for one of the other 234
insurance affordability programs as defined in 42 CFR 435.4. 235
Sec. 8. Section 17b-277a of the general statutes is repealed and the 236
following is substituted in lieu thereof (Effective July 1, 2020): 237
The Commissioners of Public Health, Social Services and Mental 238
Health and Addiction Services shall jointly establish a program to 239
inform applicants to the Healthy Start program about the availability of, 240
and eligibility for, services provided by the [Nurturing Families 241
Network] Connecticut Home Visiting System, established pursuant to 242
section 17b-751b, as amended by this act. 243 Raised Bill No. 5218
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Sec. 9. (NEW) (Effective July 1, 2020) Upon request of the director of 244
an early intervention service program participating in the birth-to-three 245
program, established pursuant to section 17a-248b of the general 246
statutes, the Commissioner of Education may permit any person who 247
holds an endorsement in the areas of comprehensive special education, 248
integrated early childhood and special education, partially sighted, 249
blind, and hard of hearing, to teach within the birth-to-three program. 250
Such permission shall be valid during the period of such person's 251
certificate, permit or authorization, and may be extended by the 252
commissioner, upon request of the birth-to-three service provider, upon 253
renewal of such person's certificate, permit or authorization by the 254
commissioner. 255
Sec. 10. Section 19a-425 of the general statutes is repealed and the 256
following is substituted in lieu thereof (Effective from passage): 257
(a) Any person or officer of an association, organization or 258
corporation who establishes, conducts or maintains a youth camp 259
without a license as required by this chapter for a first offense shall be 260
subject to a civil penalty of not more than one thousand dollars, and for 261
a second or subsequent offense shall be subject to a civil penalty of not 262
more than one thousand five hundred dollars, and each day during 263
which a youth camp is conducted or maintained without a license, after 264
notification to such person by the commissioner, shall constitute a 265
separate offense. The commissioner may apply to the superior court for 266
the judicial district of Hartford, or for the judicial district where the 267
defendant named in such application resides, for an injunction to 268
restrain the operation or maintenance of a youth camp by any person 269
other than a licensed operator. The application for such injunction or the 270
issuance of the same shall be in addition to and shall not relieve any 271
such person from the imposition of a civil penalty under this section. In 272
connection with any such application for an injunction, it shall not be 273
necessary to prove that an adequate remedy at law does not exist. 274
(b) If the Commissioner of Early Childhood has reason to believe that 275
a violation has occurred for which a civil penalty is authorized by 276 Raised Bill No. 5218
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subsection (a) of this section, the commissioner may send to such person 277
or officer by certified mail, return receipt requested or personally serve 278
upon such person or officer, a notice that shall include: (1) A reference 279
to the section or sections of the general statutes or regulations involved; 280
(2) a short and plain statement of the matters asserted or charged; (3) a 281
statement of the maximum civil penalty that may be imposed for such 282
violation; and (4) a statement of the party's right to request a hearing. 283
Such person or officer shall submit any request for a hearing in writing 284
to the commissioner not later than thirty days after the notice is mailed 285
or served. 286
(c) If such person or officer so requests, the commissioner shall cause 287
a hearing to be held. The hearing shall be held in accordance with the 288
provisions of chapter 54. If such person or officer fails to request a 289
hearing or fails to appear at the hearing or if, after the hearing, the 290
commissioner finds that the person or officer has committed such 291
violation, the commissioner may, in his or her discretion, order that a 292
civil penalty be imposed that is not greater than the penalty stated in the 293
notice. The commissioner shall send a copy of any order issued pursuant 294
to this subsection by certified mail, return receipt requested, to the 295
person or officer named in such order. 296
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2020 19a-80(c)
Sec. 2 October 1, 2020 19a-87b(c)
Sec. 3 October 1, 2020 10-530
Sec. 4 July 1, 2020 17b-751b
Sec. 5 July 1, 2020 17b-751d
Sec. 6 July 1, 2020 10-509(a)
Sec. 7 July 1, 2020 17b-261(a)
Sec. 8 July 1, 2020 17b-277a
Sec. 9 July 1, 2020 New section
Sec. 10 from passage 19a-425
Statement of Purpose:
To implement the recommendations of the Office of Early Childhood. Raised Bill No. 5218
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[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.]