LCO No. 3246 1 of 4 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 Section 19a-421 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective October 1, 2021): 2 (a) No person shall establish, conduct or maintain a youth camp 3 without a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 LCO No. 3246 2 of 4 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 LCO No. 3246 3 of 4 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 LCO No. 3246 4 of 4 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.]