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General Assembly Raised Bill No. 122
February Session, 2022
LCO No. 948
Referred to Committee on COMMITTEE ON CHILDREN
Introduced by:
(KID)
AN ACT REQUIRING PARENTAL NOTIFICATION BY CHILD CARE
FACILITIES OF CERTAIN INCIDENTS INVOLVING CHILDREN.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (a) of section 19a-79 of the 2022 supplement to 1
the general statutes is repealed and the following is substituted in lieu 2
thereof (Effective July 1, 2022): 3
(a) The Commissioner of Early Childhood shall adopt regulations, in 4
accordance with the provisions of chapter 54, to carry out the purposes 5
of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, 6
and to assure that child care centers and group child care homes meet 7
the health, educational and social needs of children utilizing such child 8
care centers and group child care homes. Such regulations shall (1) 9
specify that before being permitted to attend any child care center or 10
group child care home, each child shall be protected as age-appropriate 11
by adequate immunization against diphtheria, pertussis, tetanus, 12
poliomyelitis, measles, mumps, rubella, haemophilus influenzae type B 13
and any other vaccine required by the schedule of active immunization 14
adopted pursuant to section 19a-7f, (2) specify conditions under which 15 Raised Bill No. 122
LCO No. 948 2 of 6
child care center directors and teachers and group child care home 16
providers may administer tests to monitor glucose levels in a child with 17
diagnosed diabetes mellitus, and administer medicinal preparations, 18
including controlled drugs specified in the regulations by the 19
commissioner, to a child receiving child care services at such child care 20
center or group child care home pursuant to the written order of a 21
physician licensed to practice medicine or a dentist licensed to practice 22
dental medicine in this or another state, or an advanced practice 23
registered nurse licensed to prescribe in accordance with section 20-94a, 24
or a physician assistant licensed to prescribe in accordance with section 25
20-12d, and the written authorization of a parent or guardian of such 26
child, (3) specify that an operator of a child care center or group child 27
care home, licensed before January 1, 1986, or an operator who receives 28
a license after January 1, 1986, for a facility licensed prior to January 1, 29
1986, shall provide a minimum of thirty square feet per child of total 30
indoor usable space, free of furniture except that needed for the 31
children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, 32
kitchens, halls, isolation room or other rooms used for purposes other 33
than the activities of the children, (4) specify that a child care center or 34
group child care home licensed after January 1, 1986, shall provide 35
thirty-five square feet per child of total indoor usable space, (5) establish 36
appropriate child care center staffing requirements for employees 37
certified in cardiopulmonary resuscitation by the American Red Cross, 38
the American Heart Association, the National Safety Council, American 39
Safety and Health Institute, Medic First Aid International, Inc. or an 40
organization using guidelines for cardiopulmonary resuscitation and 41
emergency cardiovascular care published by the American Heart 42
Association and International Liaison Committee on Resuscitation, (6) 43
specify that a child care center or group child care home (A) shall not 44
deny services to a child on the basis of a child's known or suspected 45
allergy or because a child has a prescription for an automatic prefilled 46
cartridge injector or similar automatic injectable equipment used to treat 47
an allergic reaction, or for injectable equipment used to administer 48
glucagon, (B) shall, not later than three weeks after such child's 49
enrollment in such a center or home, have staff trained in the use of such 50 Raised Bill No. 122
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equipment on-site during all hours when such a child is on-site, (C) shall 51
require such child's parent or guardian to provide the injector or 52
injectable equipment and a copy of the prescription for such medication 53
and injector or injectable equipment upon enrollment of such child, and 54
(D) shall require a parent or guardian enrolling such a child to replace 55
such medication and equipment prior to its expiration date, (7) specify 56
that a child care center or group child care home (A) shall not deny 57
services to a child on the basis of a child's diagnosis of asthma or because 58
a child has a prescription for an inhalant medication to treat asthma, and 59
(B) shall, not later than three weeks after such child's enrollment in such 60
a center or home, have staff trained in the administration of such 61
medication on-site during all hours when such a child is on-site, [and] 62
(8) establish physical plant requirements for licensed child care centers 63
and licensed group child care homes that exclusively serve school-age 64
children, (9) specify that a child care center or group child care home 65
shall immediately notify the parent or guardian of a child enrolled in 66
such center or home if such child is transported to a hospital emergency 67
room, doctor's office or other medical facility while in the care of such 68
center or home, and (10) specify that a child care center or group child 69
care home shall, not later than one hour after any incident occurring on 70
the premises of such center or home, or off-premises during an event 71
sponsored or supervised by such center or home, that results in the 72
injury or illness of a child enrolled at such center or home, create a 73
written record of such incident, which shall (A) include, but not be 74
limited to, a description of such incident and injury or illness, the date, 75
time and location of such incident, any action taken by an employee of 76
the center or home in response to such incident, and whether such child 77
was transported to a hospital emergency room, doctor's office or other 78
medical facility as a result of such incident, (B) be provided to the parent 79
or guardian of the child who was injured or became ill not later than the 80
next business day, and (C) be maintained by such center or home for a 81
period of not less than two years and be made immediately available 82
upon request of the Office of Early Childhood. When establishing such 83
requirements, the Office of Early Childhood shall give consideration to 84
child care centers and group child care homes that are located in private 85 Raised Bill No. 122
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or public school buildings. With respect to this subdivision only, the 86
commissioner shall implement policies and procedures necessary to 87
implement the physical plant requirements established pursuant to this 88
subdivision while in the process of adopting such policies and 89
procedures in regulation form. Until replaced by policies and 90
procedures implemented pursuant to this subdivision, any physical 91
plant requirement specified in the office's regulations that is generally 92
applicable to child care centers and group child care homes shall 93
continue to be applicable to such centers and homes that exclusively 94
serve school-age children. The commissioner shall post notice of the 95
intent to adopt regulations pursuant to this subdivision on the 96
eRegulations System not later than twenty days after the date of 97
implementation of such policies and procedures. Policies and 98
procedures implemented pursuant to this subdivision shall be valid 99
until the time final regulations are adopted. 100
Sec. 2. Subsection (f) of section 19a-87b of the 2022 supplement to the 101
general statutes is repealed and the following is substituted in lieu 102
thereof (Effective July 1, 2022): 103
(f) The commissioner shall adopt regulations, in accordance with the 104
provisions of chapter 54, to ensure that family child care homes, as 105
described in section 19a-77, meet the health, educational and social 106
needs of children utilizing such homes. Such regulations shall (1) ensure 107
that the family child care home is treated as a residence, and not an 108
institutional facility, [. Such regulations shall] (2) specify that each child 109
be protected as age-appropriate by adequate immunization against 110
diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, 111
haemophilus influenzae type B and any other vaccine required by the 112
schedule of active immunization adopted pursuant to section 19a-7f, [. 113
Such regulations shall also] (3) specify conditions under which family 114
child care home providers may administer tests to monitor glucose 115
levels in a child with diagnosed diabetes mellitus, and administer 116
medicinal preparations, including controlled drugs specified in the 117
regulations by the commissioner, to a child receiving child care services 118
at a family child care home pursuant to a written order of a physician 119 Raised Bill No. 122
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licensed to practice medicine in this or another state, an advanced 120
practice registered nurse licensed to prescribe in accordance with 121
section 20-94a or a physician assistant licensed to prescribe in 122
accordance with section 20-12d, and the written authorization of a 123
parent or guardian of such child, [. Such regulations shall] (4) specify 124
appropriate standards for extended care and intermittent short-term 125
overnight care, (5) specify that a family child care home shall 126
immediately notify the parent or guardian of a child enrolled in such 127
home if such child is transported to a hospital emergency room, doctor's 128
office or other medical facility while in the care of such home, and (6) 129
specify that a family child care home shall, not later than one hour after 130
any incident occurring on the premises of such home, or off-premises 131
during an event sponsored or supervised by such home, that results in 132
the injury or illness of a child enrolled at such home, create a written 133
record of such incident, which shall (A) include, but not be limited to, a 134
description of such incident and injury or illness, the date, time and 135
location of such incident, any action taken by an employee of the home 136
in response to such incident, and whether such child was transported to 137
a hospital emergency room, doctor's office or other medical facility as a 138
result of such incident, (B) be provided to the parent or guardian of the 139
child who was injured or became ill not later than the next business day, 140
and (C) be maintained by such home for a period of not less than two 141
years and be made immediately available upon request of the Office of 142
Early Childhood. The commissioner shall inform each licensee, by way 143
of a plain language summary provided not later than sixty days after 144
the regulation's effective date, of any new or changed regulations 145
adopted under this subsection with which a licensee must comply. 146
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2022 19a-79(a)
Sec. 2 July 1, 2022 19a-87b(f)
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Statement of Purpose:
To require the Commissioner of Early Childhood to adopt regulations
to require child care centers, group child care homes and family child
care homes to (1) immediately notify a parent or guardian upon the
transport of a child to a hospital emergency room, doctor's office or
other medical facility, (2) create and maintain records concerning
incidents resulting in injury or illness to children enrolled in such
centers or homes, and (3) provide copies of such records to such
children's parents or guardians and the Office of Early Childhood.
[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.]