Connecticut 2021 2021 Regular Session

Connecticut House Bill HB06417 Introduced / Bill

Filed 02/09/2021

                        
 
 
 
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General Assembly  Raised Bill No. 6417  
January Session, 2021 
LCO No. 3246 
 
 
Referred to Committee on COMMITTEE ON CHILDREN  
 
 
Introduced by:  
(KID)  
 
 
 
 
AN ACT REQUIRING BAC KGROUND CHECKS FOR C ERTAIN 
EMPLOYEES OF YOUTH C AMPS. 
Be it enacted by the Senate and House of Representatives in General 
Assembly convened: 
 
Section 1. Section 19a-421 of the general statutes is repealed and the 1 
following is substituted in lieu thereof (Effective October 1, 2021): 2 
(a) No person shall establish, conduct or maintain a youth camp 3 
without a license issued by the office. Applications for such license shall 4 
be made in writing at least thirty days prior to the opening of the youth 5 
camp on forms provided and in accordance with procedures established 6 
by the commissioner and shall be accompanied by a fee of eight 7 
hundred fifteen dollars or, if the applicant is a nonprofit, nonstock 8 
corporation or association, a fee of three hundred fifteen dollars or, if 9 
the applicant is a day camp affiliated with a nonprofit organization, for 10 
no more than five days duration and for which labor and materials are 11 
donated, no fee. All such licenses shall be valid for a period of one year 12 
from the date of issuance unless surrendered for cancellation or 13 
suspended or revoked by the commissioner for violation of this chapter 14 
or any regulations adopted under section 19a-428 and shall be 15  Raised Bill No.  6417 
 
 
 
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renewable upon payment of an eight-hundred-fifteen-dollar license fee 16 
or, if the licensee is a nonprofit, nonstock corporation or association, a 17 
three-hundred-fifteen-dollar license fee or, if the applicant is a day camp 18 
affiliated with a nonprofit organization, for no more than five days 19 
duration and for which labor and materials are donated, no fee. 20 
(b) On and after October 1, 2022, a licensee shall require any person, 21 
who is eighteen years of age or older and a prospective employee of a 22 
youth camp for a position that requires the provision of care to a child 23 
or involves unsupervised access to any child in such youth camp, to 24 
submit to a comprehensive background check, including state and 25 
national criminal history records checks and a check of the state child 26 
abuse registry established pursuant to section 17a-101k. The criminal 27 
history records check required pursuant to this subsection shall be 28 
conducted in accordance with section 29-17a. No licensee shall permit a 29 
prospective employee to begin work at such youth camp until the 30 
provisions of 45 CFR 98.43(d)(4), as amended from time to time, have 31 
been satisfied. The provisions of this subsection shall not apply to any 32 
youth camp operated by a state agency, as defined in section 1-79, 33 
provided such state agency satisfies any other requirements relating to 34 
state and national criminal history records checks applicable to 35 
employees of such state agency. Any criminal history background check 36 
conducted pursuant to this subsection shall be completed not later than 37 
five business days after receipt of the request for such background 38 
check. Pending completion of all background check components 39 
described in this subsection, a prospective employee may begin work 40 
on a provisional basis, provided such prospective employee is 41 
supervised at all times by an employee who was subjected to a 42 
background check described in this subsection within the past five 43 
years.  44 
Sec. 2. Section 10-530 of the general statutes is repealed and the 45 
following is substituted in lieu thereof (Effective October 1, 2022): 46 
(1) "Child care facility" means a "child care center", "group child care 47 
home" or "family child care home" that provides "child care services", 48  Raised Bill No.  6417 
 
 
 
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each as described in section 19a-77, or any provider of child care services 49 
under the child care subsidy program established pursuant to section 50 
17b-749; 51 
(2) "Child care services provider or staff member" means any person 52 
who is (A) a licensee, employee, volunteer or alternate staff, assistant, 53 
substitute or household member of a child care facility, (B) a family child 54 
care provider, or (C) any other person who provides child care services 55 
under the child care subsidy program established pursuant to section 56 
17b-749 but does not include a person who is providing child care 57 
services under the child care subsidy program (i) exclusively to children 58 
with whom such person is related, and (ii) without being issued a license 59 
to provide child care services by the Office of Early Childhood; [and]  60 
(3) "Family child care provider" means any person who provides 61 
child care services under the child care subsidy program established 62 
pursuant to section 17b-749 (A) in a family child care home, as defined 63 
in section 19a-77, or (B) in a home not requiring a license pursuant to 64 
subdivision (4) of subsection (b) of section 19a-77; [.] and 65 
(4) "Youth camp" has the same meaning as provided in section 19a-66 
420. 67 
(b) The comprehensive background checks required pursuant to 68 
subsection (c) of section 19a-80, subsection (c) of section 19a-87b, [and] 69 
subsection (a) of section 17b-749k, and subsection (b) of section 19a-421, 70 
as amended by this act, shall be conducted at least once every five years 71 
for each child care services provider or staff member in accordance with 72 
the provisions of 45 CFR 98.43, as amended from time to time.  73 
(c) Any person who is eighteen years of age or older and applies for 74 
a position at a child care facility or youth camp in the state shall not be 75 
required to submit to such comprehensive background checks if such 76 
person (1) is an employee, a volunteer or a household member of a child 77 
care facility in the state, or has not been separated from employment as 78 
a child care services provider or staff member or status as a volunteer or 79 
household member of a child care facility in the state for a period of 80  Raised Bill No.  6417 
 
 
 
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more than one hundred eighty days, and (2) has successfully completed 81 
such comprehensive background checks in the previous five years. 82 
Nothing in this section prohibits the Commissioner of Early Childhood 83 
from requiring that a person applying for a position as a child care 84 
services provider or staff member submit to comprehensive background 85 
checks more than once during a five-year period.  86 
This act shall take effect as follows and shall amend the following 
sections: 
 
Section 1 October 1, 2021 19a-421 
Sec. 2 October 1, 2022 10-530 
 
Statement of Purpose:   
To require youth camp employees who are eighteen years of age or 
older to submit to a comprehensive background check. 
[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.]