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HOUSE DOCKET, NO. 252 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 513
The Commonwealth of Massachusetts
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PRESENTED BY:
Hannah Kane
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to ensure the health and safety of children.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Hannah Kane11th Worcester1/10/2023Paul A. Schmid, III8th Bristol2/1/2023David Allen Robertson19th Middlesex2/6/2023Susannah M. Whipps2nd Franklin2/8/2023James B. EldridgeMiddlesex and Worcester2/16/2023 1 of 3
HOUSE DOCKET, NO. 252 FILED ON: 1/11/2023
HOUSE . . . . . . . . . . . . . . . No. 513
By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 513) of
Hannah Kane and others that the Department of Early Education and Care promulgate
regulations requiring that private child care programs ensure that license-exempt programs
serving infants through kindergarten-age children comply with basic health and safety standards.
Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 639 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to ensure the health and safety of children.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1A of chapter 15D of the General Laws, as appearing in the 2016
2Official Edition, is hereby amended by inserting after the definition “Preschool-aged” the
3following definition:-
4 “Private child care program,” a program or facility operated on a regular basis as part of a
5private, organized educational system, whether known as a child nursery, nursery school,
6kindergarten, child play school, progressive school, child development center, preschool or
7known under any other name, which receives children not of common parentage under 7 years of
8age, or under 16 years of age if those children have special needs, for nonresidential custody and
9care during part or all of the day separate from their parents. Such a program may operate before 2 of 3
10and after school and may also operate during school vacation and holidays. Private child care
11program shall not include: services provided as part of a private, organized educational system to
12children not of common parentage above 6 years of age, or above 15 years of age if those
13children have special needs; programs or facilities subject to licensure by the department.
14 SECTION 2. Said section 1A of said chapter 15D, as so appearing, is hereby further
15amended by striking out, in lines 21 and 22, the words “any part of a private” and inserting in
16place thereof the following words:- a private child care program operated as part of a private.
17 SECTION 3. Said section 1A of said chapter 15D, as so appearing, is hereby further
18amended by inserting after the words “system; a” in line 165, the following words:- private child
19care program operated as.
20 SECTION 4. Said chapter 15D is hereby amended by inserting after section 8 the
21following section:-
22 Section 8A. (a) Every private child care program shall adopt, in accordance with
23regulations promulgated by the department, policies appropriate for the health and well-being of
24children in the nonresidential custody and care of the program. A person providing child care or
25support services in a private child care program shall annually complete health and safety
26training provided by the department.
27 (b) The department shall promulgate regulations necessary to carry out the provisions of
28this section. These regulations shall, at minimum, include appropriate standards for: annual
29health and safety training for staff in private child care programs; staff-to-child ratios for
30multiple age and size groupings; limitations on the number of infants in care at one time; and the 3 of 3
31imposition of civil fines and sanctions. Fines authorized pursuant to this section shall not exceed
32a maximum fine of $250 per violation.
33 (c) The department shall provide consultation to assist private child care programs in
34meeting requirements established under this section.
35 (d) The department shall conduct a comprehensive review of rules and regulations
36established under this section at least once every 5 years.
37 (e) Whenever a school committee or superintendent of schools approves a private child
38care program pursuant to their authority, said school committee or superintendent of schools
39shall notify the department in writing. A private child care program shall, 30 days prior to the
40closing of the program, inform in writing: (i) the school committee of the municipality in which
41it operates; (ii) the department.
42 (f) The department shall collect and disseminate information, made available through the
43department’s web site, regarding the availability of the full diversity of child care services,
44including private child care programs, that will promote informed child care choices. The
45information made available through the department’s web site shall include, at minimum: (i)
46information to assist families in understanding the policies and procedures for child care
47programs licensed or funded by the department, as well as the policies and procedures for private
48child care programs; (ii) a localized list of child care providers known to the department;
49provider, however, that for each provider included, the department shall indicate whether said
50provider is licensed, funded, or exempt from licensure by the department; and (iii) provider-
51specific information about compliance with health and safety requirements.