Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H513 Compare Versions

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

Old	New	Differences
1	1	1 of 1
2	2	HOUSE DOCKET, NO. 252 FILED ON: 1/11/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 513
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Hannah Kane
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to ensure the health and safety of children.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 252 FILED ON: 1/11/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 513
18	18	By Representative Kane of Shrewsbury, a petition (accompanied by bill, House, No. 513) of
19	19	Hannah Kane and others that the Department of Early Education and Care promulgate
20	20	regulations requiring that private child care programs ensure that license-exempt programs
21	21	serving infants through kindergarten-age children comply with basic health and safety standards.
22	22	Education.
23	23	[SIMILAR MATTER FILED IN PREVIOUS SESSION
24	24	SEE HOUSE, NO. 639 OF 2021-2022.]
25	25	The Commonwealth of Massachusetts
26	26	_______________
27	27	In the One Hundred and Ninety-Third General Court
28	28	(2023-2024)
29	29	_______________
30	30	An Act to ensure the health and safety of children.
31	31	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
32	32	of the same, as follows:
33	33	1 SECTION 1. Section 1A of chapter 15D of the General Laws, as appearing in the 2016
34	34	2Official Edition, is hereby amended by inserting after the definition “Preschool-aged” the
35	35	3following definition:-
36	36	4 “Private child care program,” a program or facility operated on a regular basis as part of a
37	37	5private, organized educational system, whether known as a child nursery, nursery school,
38	38	6kindergarten, child play school, progressive school, child development center, preschool or
39	39	7known under any other name, which receives children not of common parentage under 7 years of
40	40	8age, or under 16 years of age if those children have special needs, for nonresidential custody and
41	41	9care during part or all of the day separate from their parents. Such a program may operate before 2 of 3
42	42	10and after school and may also operate during school vacation and holidays. Private child care
43	43	11program shall not include: services provided as part of a private, organized educational system to
44	44	12children not of common parentage above 6 years of age, or above 15 years of age if those
45	45	13children have special needs; programs or facilities subject to licensure by the department.
46	46	14 SECTION 2. Said section 1A of said chapter 15D, as so appearing, is hereby further
47	47	15amended by striking out, in lines 21 and 22, the words “any part of a private” and inserting in
48	48	16place thereof the following words:- a private child care program operated as part of a private.
49	49	17 SECTION 3. Said section 1A of said chapter 15D, as so appearing, is hereby further
50	50	18amended by inserting after the words “system; a” in line 165, the following words:- private child
51	51	19care program operated as.
52	52	20 SECTION 4. Said chapter 15D is hereby amended by inserting after section 8 the
53	53	21following section:-
54	54	22 Section 8A. (a) Every private child care program shall adopt, in accordance with
55	55	23regulations promulgated by the department, policies appropriate for the health and well-being of
56	56	24children in the nonresidential custody and care of the program. A person providing child care or
57	57	25support services in a private child care program shall annually complete health and safety
58	58	26training provided by the department.
59	59	27 (b) The department shall promulgate regulations necessary to carry out the provisions of
60	60	28this section. These regulations shall, at minimum, include appropriate standards for: annual
61	61	29health and safety training for staff in private child care programs; staff-to-child ratios for
62	62	30multiple age and size groupings; limitations on the number of infants in care at one time; and the 3 of 3
63	63	31imposition of civil fines and sanctions. Fines authorized pursuant to this section shall not exceed
64	64	32a maximum fine of $250 per violation.
65	65	33 (c) The department shall provide consultation to assist private child care programs in
66	66	34meeting requirements established under this section.
67	67	35 (d) The department shall conduct a comprehensive review of rules and regulations
68	68	36established under this section at least once every 5 years.
69	69	37 (e) Whenever a school committee or superintendent of schools approves a private child
70	70	38care program pursuant to their authority, said school committee or superintendent of schools
71	71	39shall notify the department in writing. A private child care program shall, 30 days prior to the
72	72	40closing of the program, inform in writing: (i) the school committee of the municipality in which
73	73	41it operates; (ii) the department.
74	74	42 (f) The department shall collect and disseminate information, made available through the
75	75	43department’s web site, regarding the availability of the full diversity of child care services,
76	76	44including private child care programs, that will promote informed child care choices. The
77	77	45information made available through the department’s web site shall include, at minimum: (i)
78	78	46information to assist families in understanding the policies and procedures for child care
79	79	47programs licensed or funded by the department, as well as the policies and procedures for private
80	80	48child care programs; (ii) a localized list of child care providers known to the department;
81	81	49provider, however, that for each provider included, the department shall indicate whether said
82	82	50provider is licensed, funded, or exempt from licensure by the department; and (iii) provider-
83	83	51specific information about compliance with health and safety requirements.