Connecticut 2020 Regular Session

Connecticut House Bill HB05218 Compare Versions

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

Old	New	Differences
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4	4	LCO No. 1482 1 of 11
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6	6	General Assembly Raised Bill No. 5218
7	7	February Session, 2020
8	8	LCO No. 1482
9	9
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 IMPLEMENTING THE RECOMMENDATIONS OF THE OFFICE
21	21	OF EARLY CHILDHOOD.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. Subsection (c) of section 19a-80 of the general statutes is 1
26	26	repealed and the following is substituted in lieu thereof (Effective October 2
27	27	1, 2020): 3
28	28	(c) The commissioner [, within available appropriations,] shall 4
29	29	require [each prospective employee of] any person who is eighteen 5
30	30	years of age or older and a prospective employee of a child care center 6
31	31	or group child care home [in] for a position [requiring] that requires the 7
32	32	provision of care to a child or involves unsupervised access to any child 8
33	33	in such child care center or group child care home, to submit to 9
34	34	comprehensive background checks, including state and national 10
35	35	criminal history records checks. The criminal history records checks 11
36	36	required pursuant to this subsection shall be conducted in accordance 12
37	37	with section 29-17a. The commissioner shall also request a check of the 13
38	38	state child abuse registry established pursuant to section 17a-101k. [The 14
39	39	Department of Social Services may agree to transfer funds appropriated 15 Raised Bill No. 5218
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41	41
42	42
43	43	LCO No. 1482 2 of 11
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45	45	for criminal history records checks to the Office of Early Childhood.] 16
46	46	The Commissioner of Early Childhood shall notify each licensee of the 17
47	47	provisions of this subsection. No such prospective employee shall [have 18
48	48	unsupervised access to children in the child care center or group child 19
49	49	care home until such comprehensive background check is completed 20
50	50	and the Commissioner of Early Childhood permits such prospective 21
51	51	employee to work in such child care center or group child care home] 22
52	52	begin working in such child care center or group child care home until 23
53	53	the provisions of 45 CFR 98.43(d)(4), as amended from time to time, have 24
54	54	been satisfied. 25
55	55	Sec. 2. Subsection (c) of section 19a-87b of the 2020 supplement to the 26
56	56	general statutes is repealed and the following is substituted in lieu 27
57	57	thereof (Effective October 1, 2020): 28
58	58	(c) The commissioner [, within available appropriations,] shall 29
59	59	require each initial applicant or prospective employee of a family child 30
60	60	care home in a position requiring the provision of care to a child, 31
61	61	including an assistant or substitute staff member and each household 32
62	62	member who is [sixteen] eighteen years of age or older, to submit to 33
63	63	comprehensive background checks, including state and national 34
64	64	criminal history records checks. The criminal history records checks 35
65	65	required pursuant to this subsection shall be conducted in accordance 36
66	66	with section 29-17a. The commissioner shall also request a check of the 37
67	67	state child abuse registry established pursuant to section 17a-101k. The 38
68	68	commissioner shall notify each licensee of the provisions of this 39
69	69	subsection. For purposes of this subsection, "household member" means 40
70	70	any person, other than the person who is licensed to conduct, operate or 41
71	71	maintain a family child care home, who resides in the family child care 42
72	72	home, such as the licensee's spouse or children, tenants and any other 43
73	73	occupant. 44
74	74	Sec. 3. Section 10-530 of the 2020 supplement to the general statutes 45
75	75	is repealed and the following is substituted in lieu thereof (Effective 46
76	76	October 1, 2020): 47 Raised Bill No. 5218
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80	80	LCO No. 1482 3 of 11
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82	82	(a) As used in this section: 48
83	83	(1) "Child care facility" means a "child care center", "group child care 49
84	84	home" or "family child care home" that provides "child care services", 50
85	85	each as described in section 19a-77, or any provider of child care services 51
86	86	under the child care subsidy program established pursuant to section 52
87	87	17b-749; 53
88	88	(2) "Child care services provider or staff member" means any person 54
89	89	who is (A) a licensee, employee, volunteer or alternate staff, assistant, 55
90	90	substitute or household member of a child care facility, (B) a family child 56
91	91	care provider, or (C) any other person who provides child care services 57
92	92	under the child care subsidy program established pursuant to section 58
93	93	17b-749 but does not include a person who is providing child care 59
94	94	services under the child care subsidy program (i) exclusively to children 60
95	95	with whom such person is related, and (ii) without being issued a license 61
96	96	to provide child care services by the Office of Early Childhood; and 62
97	97	(3) "Family child care provider" means any person who provides 63
98	98	child care services under the child care subsidy program established 64
99	99	pursuant to section 17b-749 (A) in a family child care home, as [defined] 65
100	100	described in section 19a-77, or (B) in a home not requiring a license 66
101	101	pursuant to subdivision (4) of subsection (b) of section 19a-77. 67
102	102	(b) The comprehensive background checks required pursuant to 68
103	103	subsection (c) of section 19a-80, as amended by this act, subsection (c) of 69
104	104	section 19a-87b, as amended by this act, [and] subsection (a) of section 70
105	105	17b-749k, and subsection (b) of section 19a-421 shall be conducted at 71
106	106	least once every five years for each child care services provider or staff 72
107	107	member in accordance with the provisions of 45 CFR 98.43, as amended 73
108	108	from time to time. 74
109	109	(c) Any person who applies for a position at a child care facility in the 75
110	110	state shall not be required to submit to such comprehensive background 76
111	111	checks if such person (1) is an employee of a child care facility in the 77
112	112	state, or has not been separated from employment as a child care 78
113	113	services provider or staff member in the state for a period of more than 79 Raised Bill No. 5218
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116	116
117	117	LCO No. 1482 4 of 11
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119	119	one hundred eighty days, and (2) has successfully completed such 80
120	120	comprehensive background checks in the previous five years. Nothing 81
121	121	in this section prohibits the Commissioner of Early Childhood from 82
122	122	requiring that a person applying for a position as a child care services 83
123	123	provider or staff member submit to comprehensive background checks 84
124	124	more than once during a five-year period. 85
125	125	(d) Any person required to submit to comprehensive background 86
126	126	checks pursuant to subsection (c) of section 19a-80, as amended by this 87
127	127	act, subsection (c) of section 19a-87b, as amended by this act, subsection 88
128	128	(a) of section 17b-749k and subsection (b) of section 19a-421, may make 89
129	129	a request, in writing, to the Commissioner of Early Childhood for a 90
130	130	waiver of the requirement to submit fingerprints. Such written waiver 91
131	131	request shall include such person's name and date of birth, and evidence 92
132	132	that such person is unable to satisfy such fingerprints requirement due 93
133	133	to a medical condition, including, but not limited to, a birth defect, 94
134	134	physical deformity, skin condition or psychiatric condition. Upon 95
135	135	granting a waiver to a person under this subsection, the Office of Early 96
136	136	Childhood shall conduct a state criminal history records check of such 97
137	137	person based on the name and date of birth of such person that is 98
138	138	included in the written waiver request. 99
139	139	Sec. 4. Section 17b-751b of the general statutes is repealed and the 100
140	140	following is substituted in lieu thereof (Effective July 1, 2020): 101
141	141	(a) The Commissioner of Early Childhood shall establish the 102
142	142	structure for a state-wide [system for a Nurturing Families Network] 103
143	143	Connecticut Home Visiting System, which demonstrates the benefits of 104
144	144	preventive services by significantly reducing the abuse and neglect of 105
145	145	infants and young children, and by enhancing parent-child 106
146	146	relationships through [hospital-based] community-based assessment 107
147	147	with home outreach follow-up on infants and their families within 108
148	148	families identified as high risk. 109
149	149	(b) The commissioner shall: (1) [Develop the comprehensive risk 110
150	150	assessment to be used by the Nurturing Families Network's providers; 111 Raised Bill No. 5218
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153	153
154	154	LCO No. 1482 5 of 11
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156	156	(2) develop the training program, standards, and protocols for the pilot 112
157	157	programs;] Ensure that all home visiting programs are evidence-based 113
158	158	home visiting models that meet the criteria for evidence of effectiveness 114
159	159	of the United States Department of Health and Human Services; (2) 115
160	160	provide oversight to home visiting programs to ensure model fidelity; 116
161	161	and (3) develop, issue and evaluate requests for proposals to procure 117
162	162	the services required by this section. In evaluating the proposals, the 118
163	163	commissioner shall take into consideration the most effective and 119
164	164	consistent service delivery system allowing for the continuation of 120
165	165	current public and private programs. 121
166	166	(c) The commissioner shall establish a data system to enable the 122
167	167	programs to document the following information in a standard manner: 123
168	168	(1) The level of screening and assessment; (2) profiles of risk and family 124
169	169	demographics; (3) the incidence of child abuse and neglect; (4) rates of 125
170	170	child development; and (5) any other information the commissioner 126
171	171	deems appropriate. 127
172	172	(d) The commissioner shall report to the General Assembly, in 128
173	173	accordance with the provisions of section 11-4a, on the establishment, 129
174	174	implementation and progress of the [Nurturing Families Network,] 130
175	175	Connecticut Home Visiting System, on July 1, 2021, and on July first of 131
176	176	each year thereafter. 132
177	177	(e) The commissioner may expend an amount not to exceed two per 133
178	178	cent of the amount appropriated for purposes of this section in a manner 134
179	179	consistent with the provisions of section 10-509, as amended by this act. 135
180	180	Sec. 5. Section 17b-751d of the general statutes is repealed and the 136
181	181	following is substituted in lieu thereof (Effective July 1, 2020): 137
182	182	The Office of Early Childhood shall be the lead state agency for 138
183	183	community-based, prevention-focused programs and activities 139
184	184	designed to strengthen and support families to prevent child abuse and 140
185	185	neglect. The responsibilities of the office shall include, but not be limited 141
186	186	to, collaborating with state agencies, hospitals, clinics, schools and 142
187	187	community service organizations, to: (1) Initiate programs to support 143 Raised Bill No. 5218
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190	190
191	191	LCO No. 1482 6 of 11
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193	193	families at risk for child abuse or neglect; (2) assist organizations to 144
194	194	recognize child abuse and neglect; (3) encourage community safety; (4) 145
195	195	increase broad-based efforts to prevent child abuse and neglect; (5) 146
196	196	create a network of agencies to advance child abuse and neglect 147
197	197	prevention; and (6) increase public awareness of child abuse and neglect 148
198	198	issues. The office, subject to available state, federal and private funding, 149
199	199	shall be responsible for implementing and maintaining programs and 150
200	200	services, including, but not limited to: (A) The [Nurturing Families 151
201	201	Network] Connecticut Home Visiting System, established pursuant to 152
202	202	subsection (a) of section 17b-751b, as amended by this act; (B) [Family 153
203	203	Empowerment Initiative programs; (C)] Help Me Grow; [(D) Family 154
204	204	School Connection; (E) support services for residents of a respite group 155
205	205	home for girls; (F) volunteer services; (G)] (C) family development 156
206	206	training; [(H)] (D) shaken baby syndrome prevention; and [(I)] (E) child 157
207	207	sexual abuse prevention. 158
208	208	Sec. 6. Subsection (a) of section 10-509 of the general statutes is 159
209	209	repealed and the following is substituted in lieu thereof (Effective July 1, 160
210	210	2020): 161
211	211	(a) As used in this subsection, "early care and education and 162
212	212	childhood development programs" includes the child care subsidy 163
213	213	program, established pursuant to section 17b-749, the school readiness 164
214	214	program, as defined in section 10-16p, the supplemental quality 165
215	215	enhancement grant program, established pursuant to section 17b-749c, 166
216	216	the [Nurturing Families Network] Connecticut Home Visiting System, 167
217	217	established pursuant to section 17b-751b, as amended by this act, and 168
218	218	the program for state financial assistance for neighborhood facilities, 169
219	219	including child care centers, pursuant to section 8-210. 170
220	220	Sec. 7. Subsection (a) of section 17b-261 of the 2020 supplement to the 171
221	221	general statutes is repealed and the following is substituted in lieu 172
222	222	thereof (Effective July 1, 2020): 173
223	223	(a) Medical assistance shall be provided for any otherwise eligible 174
224	224	person whose income, including any available support from legally 175 Raised Bill No. 5218
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228	228	LCO No. 1482 7 of 11
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230	230	liable relatives and the income of the person's spouse or dependent 176
231	231	child, is not more than one hundred forty-three per cent, pending 177
232	232	approval of a federal waiver applied for pursuant to subsection (e) of 178
233	233	this section, of the benefit amount paid to a person with no income 179
234	234	under the temporary family assistance program in the appropriate 180
235	235	region of residence and if such person is an institutionalized individual 181
236	236	as defined in Section 1917 of the Social Security Act, 42 USC 1396p(h)(3), 182
237	237	and has not made an assignment or transfer or other disposition of 183
238	238	property for less than fair market value for the purpose of establishing 184
239	239	eligibility for benefits or assistance under this section. Any such 185
240	240	disposition shall be treated in accordance with Section 1917(c) of the 186
241	241	Social Security Act, 42 USC 1396p(c). Any disposition of property made 187
242	242	on behalf of an applicant or recipient or the spouse of an applicant or 188
243	243	recipient by a guardian, conservator, person authorized to make such 189
244	244	disposition pursuant to a power of attorney or other person so 190
245	245	authorized by law shall be attributed to such applicant, recipient or 191
246	246	spouse. A disposition of property ordered by a court shall be evaluated 192
247	247	in accordance with the standards applied to any other such disposition 193
248	248	for the purpose of determining eligibility. The commissioner shall 194
249	249	establish the standards for eligibility for medical assistance at one 195
250	250	hundred forty-three per cent of the benefit amount paid to a household 196
251	251	of equal size with no income under the temporary family assistance 197
252	252	program in the appropriate region of residence. In determining 198
253	253	eligibility, the commissioner shall not consider as income Aid and 199
254	254	Attendance pension benefits granted to a veteran, as defined in section 200
255	255	27-103, or the surviving spouse of such veteran. Except as provided in 201
256	256	section 17b-277 and section 17b-292, the medical assistance program 202
257	257	shall provide coverage to persons under the age of nineteen with 203
258	258	household income up to one hundred ninety-six per cent of the federal 204
259	259	poverty level without an asset limit and to persons under the age of 205
260	260	nineteen, who qualify for coverage under Section 1931 of the Social 206
261	261	Security Act, with household income not exceeding one hundred 207
262	262	ninety-six per cent of the federal poverty level without an asset limit, 208
263	263	and their parents and needy caretaker relatives, who qualify for 209
264	264	coverage under Section 1931 of the Social Security Act, with household 210 Raised Bill No. 5218
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266	266
267	267
268	268	LCO No. 1482 8 of 11
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270	270	income not exceeding one hundred fifty-five per cent of the federal 211
271	271	poverty level without an asset limit. Such levels shall be based on the 212
272	272	regional differences in such benefit amount, if applicable, unless such 213
273	273	levels based on regional differences are not in conformance with federal 214
274	274	law. Any income in excess of the applicable amounts shall be applied as 215
275	275	may be required by said federal law, and assistance shall be granted for 216
276	276	the balance of the cost of authorized medical assistance. The 217
277	277	Commissioner of Social Services shall provide applicants for assistance 218
278	278	under this section, at the time of application, with a written statement 219
279	279	advising them of (1) the effect of an assignment or transfer or other 220
280	280	disposition of property on eligibility for benefits or assistance, (2) the 221
281	281	effect that having income that exceeds the limits prescribed in this 222
282	282	subsection will have with respect to program eligibility, and (3) the 223
283	283	availability of, and eligibility for, services provided by the [Nurturing 224
284	284	Families Network] Connecticut Home Visiting System, established 225
285	285	pursuant to section 17b-751b, as amended by this act. For coverage dates 226
286	286	on or after January 1, 2014, the department shall use the modified 227
287	287	adjusted gross income financial eligibility rules set forth in Section 228
288	288	1902(e)(14) of the Social Security Act and the implementing regulations 229
289	289	to determine eligibility for HUSKY A, HUSKY B and HUSKY D 230
290	290	applicants, as defined in section 17b-290. Persons who are determined 231
291	291	ineligible for assistance pursuant to this section shall be provided a 232
292	292	written statement notifying such persons of their ineligibility and 233
293	293	advising such persons of their potential eligibility for one of the other 234
294	294	insurance affordability programs as defined in 42 CFR 435.4. 235
295	295	Sec. 8. Section 17b-277a of the general statutes is repealed and the 236
296	296	following is substituted in lieu thereof (Effective July 1, 2020): 237
297	297	The Commissioners of Public Health, Social Services and Mental 238
298	298	Health and Addiction Services shall jointly establish a program to 239
299	299	inform applicants to the Healthy Start program about the availability of, 240
300	300	and eligibility for, services provided by the [Nurturing Families 241
301	301	Network] Connecticut Home Visiting System, established pursuant to 242
302	302	section 17b-751b, as amended by this act. 243 Raised Bill No. 5218
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305	305
306	306	LCO No. 1482 9 of 11
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308	308	Sec. 9. (NEW) (Effective July 1, 2020) Upon request of the director of 244
309	309	an early intervention service program participating in the birth-to-three 245
310	310	program, established pursuant to section 17a-248b of the general 246
311	311	statutes, the Commissioner of Education may permit any person who 247
312	312	holds an endorsement in the areas of comprehensive special education, 248
313	313	integrated early childhood and special education, partially sighted, 249
314	314	blind, and hard of hearing, to teach within the birth-to-three program. 250
315	315	Such permission shall be valid during the period of such person's 251
316	316	certificate, permit or authorization, and may be extended by the 252
317	317	commissioner, upon request of the birth-to-three service provider, upon 253
318	318	renewal of such person's certificate, permit or authorization by the 254
319	319	commissioner. 255
320	320	Sec. 10. Section 19a-425 of the general statutes is repealed and the 256
321	321	following is substituted in lieu thereof (Effective from passage): 257
322	322	(a) Any person or officer of an association, organization or 258
323	323	corporation who establishes, conducts or maintains a youth camp 259
324	324	without a license as required by this chapter for a first offense shall be 260
325	325	subject to a civil penalty of not more than one thousand dollars, and for 261
326	326	a second or subsequent offense shall be subject to a civil penalty of not 262
327	327	more than one thousand five hundred dollars, and each day during 263
328	328	which a youth camp is conducted or maintained without a license, after 264
329	329	notification to such person by the commissioner, shall constitute a 265
330	330	separate offense. The commissioner may apply to the superior court for 266
331	331	the judicial district of Hartford, or for the judicial district where the 267
332	332	defendant named in such application resides, for an injunction to 268
333	333	restrain the operation or maintenance of a youth camp by any person 269
334	334	other than a licensed operator. The application for such injunction or the 270
335	335	issuance of the same shall be in addition to and shall not relieve any 271
336	336	such person from the imposition of a civil penalty under this section. In 272
337	337	connection with any such application for an injunction, it shall not be 273
338	338	necessary to prove that an adequate remedy at law does not exist. 274
339	339	(b) If the Commissioner of Early Childhood has reason to believe that 275
340	340	a violation has occurred for which a civil penalty is authorized by 276 Raised Bill No. 5218
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342	342
343	343
344	344	LCO No. 1482 10 of 11
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346	346	subsection (a) of this section, the commissioner may send to such person 277
347	347	or officer by certified mail, return receipt requested or personally serve 278
348	348	upon such person or officer, a notice that shall include: (1) A reference 279
349	349	to the section or sections of the general statutes or regulations involved; 280
350	350	(2) a short and plain statement of the matters asserted or charged; (3) a 281
351	351	statement of the maximum civil penalty that may be imposed for such 282
352	352	violation; and (4) a statement of the party's right to request a hearing. 283
353	353	Such person or officer shall submit any request for a hearing in writing 284
354	354	to the commissioner not later than thirty days after the notice is mailed 285
355	355	or served. 286
356	356	(c) If such person or officer so requests, the commissioner shall cause 287
357	357	a hearing to be held. The hearing shall be held in accordance with the 288
358	358	provisions of chapter 54. If such person or officer fails to request a 289
359	359	hearing or fails to appear at the hearing or if, after the hearing, the 290
360	360	commissioner finds that the person or officer has committed such 291
361	361	violation, the commissioner may, in his or her discretion, order that a 292
362	362	civil penalty be imposed that is not greater than the penalty stated in the 293
363	363	notice. The commissioner shall send a copy of any order issued pursuant 294
364	364	to this subsection by certified mail, return receipt requested, to the 295
365	365	person or officer named in such order. 296
366	366	This act shall take effect as follows and shall amend the following
367	367	sections:
368	368
369	369	Section 1 October 1, 2020 19a-80(c)
370	370	Sec. 2 October 1, 2020 19a-87b(c)
371	371	Sec. 3 October 1, 2020 10-530
372	372	Sec. 4 July 1, 2020 17b-751b
373	373	Sec. 5 July 1, 2020 17b-751d
374	374	Sec. 6 July 1, 2020 10-509(a)
375	375	Sec. 7 July 1, 2020 17b-261(a)
376	376	Sec. 8 July 1, 2020 17b-277a
377	377	Sec. 9 July 1, 2020 New section
378	378	Sec. 10 from passage 19a-425
379	379
380	380	Statement of Purpose:
381	381	To implement the recommendations of the Office of Early Childhood. Raised Bill No. 5218
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383	383
384	384
385	385	LCO No. 1482 11 of 11
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387	387	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
388	388	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
389	389	underlined.]
390	390