Substitute House Bill No. 5461
Substitute House Bill No. 5461
PUBLIC ACT NO. 97-259
AN ACT CONCERNING SCHOOL READINESS AND CHILD DAY
CARE.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. (NEW) The state shall encourage the
development of a network of school readiness
programs pursuant to sections 2 to 4, inclusive,
of this act and section 17b-749a of the general
statutes, as amended by section 5 of this act, in
order to:
(1) Provide open access for children to
quality programs that promote the health and
safety of children and prepare them for formal
schooling;
(2) Provide opportunities for parents to
choose among affordable and accredited or approved
programs;
(3) Encourage coordination and cooperation
among programs and prevent the duplication of
services;
(4) Recognize the specific service needs and
unique resources available to particular
municipalities and provide flexibility in the
implementation of programs;
(5) Prevent or minimize the potential for
developmental delay in children prior to children
reaching the age of five;
(6) Enhance federally funded school readiness
programs;
(7) Strengthen the family through: (A)
Encouragement of parental involvement in a child's
development and education; and (B) enhancement of
a family's capacity to meet the special needs of
the children, including children with
disabilities;
(8) Reduce educational costs by decreasing the
need for special education services for school age
children and to avoid grade repetition;
(9) Assure that children with disabilities are
integrated into programs available to children who
are not disabled; and
(10) Improve the availability and quality of
school readiness programs.
Sec. 2. (NEW) (a) As used in this section,
sections 1 to 4, inclusive, of this act and
section 17b-749a of the general statutes, as
amended by section 5 of this act:
(1) "School readiness program" means a
nonsectarian program that (A) meets the standards
set by the department pursuant to subsection (b)
of this section and the requirements of section 3
of this act, and (B) provides a developmentally
appropriate learning experience of not less than
four hundred fifty hours and one hundred eighty
days for eligible children;
(2) "Eligible children" means children three
and four years of age and children five years of
age who are not eligible to enroll in school
pursuant to section 10-15c of the general
statutes, provided no child shall participate in a
school readiness program for more than two years;
(3) "Priority school" means a school in which
forty per cent or more of the students are
eligible for free or reduced price lunches
pursuant to federal law and regulations, excluding
such a school located in a priority school
district pursuant to section 10-266p of the
general statutes;
(4) "Accredited" means accredited by the
National Association for the Education of Young
Children, a Head Start on-site program review
instrument or a successor instrument pursuant to
federal regulations, or otherwise meeting such
criteria as may be established by the
commissioner, in consultation with the
Commissioner of Social Services;
(5) "Approved" means meeting the criteria
established by the commissioner, in consultation
with the Commissioner of Social Services;
(6) "Commissioner" means the Commissioner of
Education; and
(7) "Department" means the Department of
Education.
(b) The Department of Education shall be the
lead agency for school readiness. School readiness
program providers eligible for funding from the
Department of Education shall include local and
regional boards of education, regional educational
service centers, family resource centers and
providers of child day care centers, as defined in
section 19a-77 of the general statutes, as amended
by section 32 of this act, Head Start programs,
preschool programs and other programs that meet
such standards established by the Commissioner of
Education. The department shall establish
standards for school readiness programs. The
standards may include, but need not be limited to,
guidelines for staff-child interactions,
curriculum content, lesson plans, parent
involvement, staff qualifications and training,
and administration. The department shall develop
age-appropriate developmental skills and goals for
children attending such programs. The
commissioner, in consultation with the
Commissioners of Higher Education and Social
Services and other appropriate entities, shall
develop a continuing education training program
for the staff of school readiness programs.
(c) The Commissioner of Education, in
consultation with the Commissioner of Social
Services, shall establish a grant program to
provide spaces in accredited or approved school
readiness programs for eligible children and who
reside in priority school districts pursuant to
section 10-266p of the general statutes. Under the
program, the grant shall be provided, in
accordance with this section, to the town in which
such priority school district is located.
Eligibility shall be determined for a five-year
period based on an applicant's designation as a
priority school district for the initial year of
application. Grant awards shall be made annually
contingent upon available funding and a
satisfactory annual evaluation. The chief elected
official of such town and the superintendent of
schools for such priority school district shall
submit a plan for the expenditure of grant funds
and responses to the local request for proposal
process to the Departments of Education and Social
Services. The departments shall jointly review
such plans and shall each approve the portion of
such plan within its jurisdiction for funding. The
plan shall: (1) Be developed in consultation with
the local school readiness council established
pursuant to section 4 of this act; (2) be based on
a needs and resource assessment; (3) provide for
the issuance of requests for proposals for
providers of accredited or approved school
readiness programs; and (4) identify the need for
funding pursuant to section 17b-749a of the
general statutes, as amended by section 5 of this
act, in order to extend the hours and days of
operation of school readiness programs in order to
provide child day care services for children
attending such programs.
(d) The Commissioner of Education, in
consultation with the Commissioner of Social
Services, shall establish a competitive grant
program to provide spaces in accredited or
approved school readiness programs for eligible
children and who reside in an area served by a
priority school. A town in which such a school is
located or a regional school readiness council,
pursuant to subsection (c) of section 4 of this
act, for a region in which such a school is
located may apply for such a grant in an amount
not to exceed one hundred thousand dollars per
priority school. Eligibility shall be determined
for a five-year period based on an applicant's
designation as having a priority school for the
initial year of application. Grant awards shall be
made annually contingent upon available funding
and a satisfactory annual evaluation. The chief
elected official of such town and the
superintendent of schools of the school district
or the regional school readiness council shall
submit a plan, as described in subsection (c) of
this section, for the expenditure of such grant
funds to the Department of Education. In awarding
grants pursuant to this subsection, the
commissioner shall give preference to applications
submitted by regional school readiness councils. A
town or regional school readiness council awarded
a grant pursuant to this subsection shall use the
funds to purchase spaces for such children from
providers of accredited or approved school
readiness programs.
(e) (1) Eighty-five per cent of the amount
appropriated for purposes of this section shall be
used for the grant program pursuant to subsection
(c) of this section. Priority school districts
shall receive grants based on their proportional
share of the sum of the products obtained by
multiplying the number of enrolled kindergarten
students in each priority school district for the
year prior to the year the grant is to be paid, by
the ratio of the average percentage of free and
reduced price meals for all severe need schools in
such district to the minimum percentage
requirement for severe need school eligibility.
(2) Fourteen per cent of the amount
appropriated for purposes of this section shall be
used for the competitive grant program pursuant to
subsection (d) of this section.
(3) The Department of Education may retain up
to one per cent of the amount appropriated for
purposes of this section for coordination, program
evaluation and administration provided such amount
shall not exceed one hundred twenty thousand
dollars in any fiscal year.
(f) Any school readiness program that receives
funds pursuant to this section shall not
discriminate on the basis of race, color, national
origin, gender, religion or disability. For
purposes of this section, a nonsectarian program
means any public or private school readiness
program that is not violative of the Establishment
Clause of the Constitution of the State of
Connecticut or the Establishment Clause of the
Constitution of the United States of America.
(g) No funds received by a town pursuant to
subsection (c) or (d) of this section shall be
used to supplant federal, state or local funding
received by such town for early childhood
education.
Sec. 3. (NEW) (a) Each school readiness
program shall include: (1) A plan for
collaboration with other community programs and
services and for coordination of resources in
order to facilitate full-day and year-round child
care and education programs for children of
working parents and parents in education or
training programs; (2) parent involvement,
parenting education and outreach; (3) referrals
for health services, including referrals for
appropriate immunizations and screenings; (4)
nutrition services; (5) referrals to family
literacy programs that incorporate adult basic
education and provide for the promotion of
literacy through access to public library
services; (6) admission policies that promote
enrolment of children from different racial,
ethnic and economic backgrounds and from other
communities; (7) a plan of transition for
participating children from the school readiness
program to kindergarten; (8) a plan for
professional development for staff; (9) a sliding
fee scale for families participating in the
program pursuant to section 8 of this act; and
(10) an annual evaluation of the effectiveness of
the program.
(b) The per child cost of the Department of
Education school readiness component of the
program offered by a school readiness provider
shall not exceed the foundation, as defined in
subdivision (9) of section 10-262f of the general
statutes. A school readiness provider may provide
child day care services and the cost of such child
day care services shall not be subject to such per
child cost limitation.
(c) A local or regional board of education may
implement a sliding fee scale for the cost of
services provided to children enrolled in a school
readiness program.
Sec. 4. (NEW) (a) A town seeking to apply for
a grant pursuant to subsection (c) of section 2 of
this act shall convene a local school readiness
council. Any other town may convene such a
council. The chief elected official of the town
or, in the case of a regional school district, the
chief elected officials of the towns in the school
district and the superintendent of schools for the
school district shall jointly appoint and convene
such council. Each school readiness council shall
be composed of: (1) The chief elected official, or
his designee; (2) the superintendent of schools,
or a management level staff person as his
designee; (3) parents; (4) representatives from
local programs such as Head Start, family resource
centers, nonprofit and for-profit child day care
centers, group day care homes, prekindergarten and
nursery schools, and family day care home
providers; and (5) other representatives from the
community who provide services to children. The
chief elected official shall designate the
chairperson of the school readiness council.
(b) The local school readiness council shall:
(1) Make recommendations to the chief elected
official and the superintendent of schools on
issues relating to school readiness, including any
applications for grants pursuant to sections 2 and
7 of this act and section 17b-749a of the general
statutes, as amended by section 5 of this act; (2)
foster partnerships among providers of school
readiness programs; (3) assist in the
identification of the need for school readiness
programs and the number of children not being
served by such a program; (4) identify existing
and prospective resources and services available
to children and families; (5) facilitate the
coordination of the delivery of services to
children and families, including referral
procedures; (6) exchange information with other
councils, the community and organizations serving
the needs of children and families; (7) make
recommendations to school officials concerning
transition from school readiness programs to
kindergarten; and (8) encourage public
participation.
(c) Two or more towns or school districts and
appropriate representatives of groups or entities
interested in early childhood education in a
region may establish a regional school readiness
council. If a priority school is located in at
least one of such school districts, the regional
school readiness council may apply for a grant
pursuant to subsection (d) of section 2 of this
act. The regional school readiness council may
perform the duties outlined in subdivisions (2) to
(8), inclusive, of subsection (b) of this section.
Sec. 5. Section 17b-749a of the general
statutes is repealed and the following is
substituted in lieu thereof:
[(a) As used in this section and section
17b-749b:
(1) "Early childhood education program" means
a nonsectarian program of not less than (A) four
hundred fifty hours and one hundred eighty days
for children at least four years of age and (B)
one hundred fifty hours and sixty days for
children under four years of age, of
developmentally appropriate educational
experiences each year;
(2) "Accredited" means accredited by the
National Association for the Education of Young
Children or otherwise meeting such standards as
may be established by the Commissioner of
Education; and
(3) "Commissioner" means the Commissioner of
Social Services.]
[(b)] (a) The Commissioner of Social Services,
in [collaboration with the State Board of
Education and the Commissioners of Children and
Families, Public Health and Correction]
CONSULTATION WITH THE COMMISSIONER OF EDUCATION,
shall establish, within available appropriations,
[a school readiness program in accordance with
this section and section 17b-749b] A PROGRAM TO
(1) PURCHASE DIRECTLY OR PROVIDE SUBSIDIES TO
PARENTS TO PURCHASE CHILD DAY CARE SERVICES
PROVIDED BY ANY ELEMENTARY OR SECONDARY SCHOOL,
NURSERY SCHOOL, PRESCHOOL, DAY CARE CENTER, GROUP
DAY CARE HOME, FAMILY DAY CARE HOME, FAMILY
RESOURCE CENTER, HEAD START PROGRAM, OR LOCAL OR
REGIONAL BOARD OF EDUCATION, PROVIDED, IF THE
COMMISSIONER PURCHASES SUCH SERVICES DIRECTLY, HE
SHALL GIVE PREFERENCE TO PURCHASING FROM PROVIDERS
OF FULL-DAY AND YEAR-ROUND PROGRAMS; AND (2) AWARD
GRANTS TO PROVIDERS OF SCHOOL READINESS PROGRAMS,
AS DEFINED IN SECTION 2 OF THIS ACT, TO INCREASE
THE HOURS OF OPERATION OF THEIR PROGRAMS IN ORDER
TO PROVIDE CHILD CARE FOR CHILDREN ATTENDING SUCH
PROGRAMS. The commissioner, FOR PURPOSES OF
SUBDIVISION (1) OF THIS SUBSECTION, shall model
the program on the program established pursuant to
section 17b-749, AS AMENDED BY SECTION 28 OF THIS
ACT.
[(c)] (b) No funds received by a provider
pursuant to [the school readiness program] THIS
SECTION shall be used to supplant federal funding
received for early childhood education on behalf
of children in an early childhood education
program.
[(d) The commissioner shall convene a School
Readiness Council consisting of representatives
from appropriate state agencies and local and
regional boards of education. Participation in the
council shall be open and voluntary. The council]
(c) THE COMMISSIONERS OF SOCIAL SERVICES AND
EDUCATION shall: (1) Coordinate the development of
a range of alternative programs to meet the [early
care and education] needs of all children; (2)
foster partnerships between school districts and
private organizations; [offering early childhood
education programs, including employer sponsored
programs;] (3) provide information and assistance
to parents in selecting an appropriate [early
childhood education] SCHOOL READINESS program; and
(4) work to ensure, to the extent possible, that
[early childhood education] SCHOOL READINESS
programs allow open enrolment for all children and
allow families receiving benefits for such a
program to choose a public or accredited private
program.
Sec. 6. The Commissioners of Education and
Social Services shall develop an agreement to
define the duties and responsibilities of their
departments concerning school readiness programs.
The commissioners shall consult with other
affected state agencies. The agreement shall
include, but not be limited to, a multi-year
interagency agreement to establish and implement
an integrated school readiness plan. Functions to
be described and responsibilities to be undertaken
by the two departments shall be delineated in the
agreement.
Sec. 7. (NEW) (a) The Commissioner of Social
Services, in consultation with the Commissioner of
Education, shall establish a program, within
available appropriations, to provide, on a
competitive basis, supplemental quality
enhancement grants to providers of child day care
services or providers of school readiness programs
pursuant to section 2 of this act. Child day care
providers and school readiness programs may apply
for a supplemental quality enhancement grant at
such time and on such form as the Commissioner of
Social Services prescribes.
(b) Priority for such grants shall be given to
programs that are: (1) Included in a local school
readiness plan; (2) full-day, year-round programs;
and (3) accredited, as defined in subdivision (4)
of subsection (a) of section 2 of this act.
(c) The grants shall be used to:
(1) Help providers who are not accredited by
the National Association for the Education of
Young Children to obtain such accreditation;
(2) Provide comprehensive services, such as
enhanced access to health care, nutrition, family
support services, parent education, literacy and
parental involvement, and community and home
outreach programs;
(3) Purchase educational equipment;
(4) Provide scholarships for training to
obtain a child development associate certificate;
(5) Provide training for persons who are
mentor teachers, as defined in federal regulations
for the Head Start program, and provide a family
service coordinator or a family service worker as
such positions are defined in such federal
regulations;
(6) Repair fire, health and safety problems in
existing facilities and conduct minor remodeling
to comply with the Americans with Disabilities
Act; and
(7) Create a supportive network with family
day care homes.
Sec. 8. (NEW) Each licensed child day care
provider receiving funding directly from the
Department of Social Services shall adopt a
sliding fee scale based on family income. The
Commissioner of Social Services shall develop a
minimum sliding fee scale which may be adjusted
upward by each such licensed day care program. All
income derived from such fees shall be used to
support the child day care program.
Sec. 9. (NEW) In accordance with section
17a-101j of the general statutes, the Commissioner
of Children and Families shall notify the
Commissioner of Public Health of all information
concerning substantiated complaints, pursuant to
subsection (b) of said section 17a-101j, of
incidents of abuse or neglect which have occurred
at any licensed day care facility. If the
Commissioner of Children and Families determines
that there was abuse or neglect of a child, he
shall notify the person about whom the claim was
substantiated of the determination, in writing.
Such notification shall include a description of
the abuse or neglect and the reasons for
substantiation. The Commissioner of Public Health
shall compile a listing of the information and of
complaints received and substantiated by the
Department of Public Health concerning a licensed
day care facility during the prior three-year
period. The Commissioner of Public Health shall
disclose information contained in the listing to
any person who requests it, provided the
information does not identify children, families,
staff members or employees of any licensed
facility or any person residing in the household
of a person licensed under section 19a-87b of the
general statutes.
Sec. 10. (NEW) The Department of Social
Services shall establish and fund five regional
accreditation projects, within available
appropriations. The department shall select
qualified applicants for each region through a
request for proposal process. The department shall
give priority to child day care facilities where
at least twenty per cent of the children live with
families earning less than seventy-five per cent
of the state median income level.
Sec. 11. (NEW) (a) The Commissioner of Social
Services, in consultation with the Commissioner of
Education, shall develop and implement a
performance-based evaluation system to evaluate
licensed child day care centers, within available
appropriations. Such a performance-based
evaluation system shall be similar to the Head
Start Performance Standards in 45 CFR 1304.
(b) The Commissioner of Social Services shall
conduct, within available appropriations, a
longitudinal study that examines the developmental
progress of children and their families both
during and following participation in a child day
care program.
(c) The Commissioner of Social Services shall
report to the General Assembly, in accordance with
section 11-4a of the general statutes, on or
before January 1, 1998, on the implementation of
the performance-based evaluation system and on the
longitudinal study, and annually thereafter on the
cumulative results of the evaluations.
Sec. 12. (NEW) The Connecticut Health and
Educational Facilities Authority shall establish a
program to finance low interest loans for child
care and child development centers, family
resource centers and Head Start programs that
shall be known as the Connecticut Child Care
Facilities Program. Loans shall be made for the
purpose of new construction or renovation of
existing centers or complying with federal, state
and local child care requirements, including
health and safety standards. For purposes of this
section, "child development center" means a
building used by a nonprofit school readiness
program, as defined in section 2 of this act, and
"child care center" means a nonprofit facility
that is licensed by the Department of Public
Health as a child day care center or a group day
care home, both as defined in section 19a-77 of
the general statutes, as amended by section 32 of
this act.
Sec. 13. (NEW) (a) The Connecticut Health and
Educational Facilities Authority may establish a
subsidiary which shall be deemed a quasi-public
agency for purposes of chapter 12 of the general
statutes, for the purpose of improving access to
high-quality child care in the state by
coordinating expertise in finance, government,
architecture, construction and child care, and may
transfer to such subsidiary any moneys, real or
personal property, of any child care or child
development center financed by the authority and
acquired as a result of a foreclosure or
otherwise. Such subsidiary shall have all the
privileges, immunities, tax exemptions and other
exemptions of the authority. Such subsidiary shall
be subject to suit and liability solely from the
assets, revenues and resources of the subsidiary
and without recourse to the general funds,
revenues, resources or any other assets of the
authority. Such subsidiary is authorized to assume
or take title to any real property, including a
child care or child development center, subject to
any existing mortgage and to mortgage, convey or
dispose of its assets and pledge its revenues in
order to secure any borrowing, for the purpose of
developing, acquiring, constructing, refinancing,
rehabilitating or improving its assets, provided
each such borrowing or mortgage, unless otherwise
provided by the board or the subsidiary, shall be
a special obligation of the subsidiary, which
obligation may be in the form of bonds, bond
anticipation notes or other obligations which
evidence an indebtedness to the extent permitted
under chapter 187 of the general statutes to fund,
refinance and refund the same and provide for the
rights of holders thereof, and to secure the same
by pledge of revenues, notes and mortgages of
others, and which shall be payable solely from the
assets, revenues and other resources of the
subsidiary and in no event shall such bonds be
secured by a special capital reserve fund of any
kind which is in any way contributed to by the
state. The subsidiary shall have the purposes as
provided by resolution of the authority's board of
directors, which purposes shall be consistent with
chapter 187 of the general statutes. No further
action is required for the establishment of the
subsidiary, except the adoption of a resolution
for the subsidiary.
(b) The board of directors of the subsidiary
shall be the board of directors of the authority.
(c) To the extent necessary or appropriate to
assure that the interest on any of its bonds,
notes or other obligations are or continue to be
excluded from the gross income of the recipients
for federal income tax purposes, the authority or
subsidiary shall take such actions to comply with
the provisions of the Internal Revenue Code of
1986 or any subsequent corresponding internal
revenue code of the United States, as from time to
time amended, if necessary, to qualify and
maintain such subsidiary as a corporation exempt
from taxation under said Internal Revenue Code.
Sec. 14. (NEW) (a) There is established a
Child Care Facilities Loan Guarantee Program for
the purpose of guaranteeing loans for the
expansion or development of child care and child
development centers in the state. The program
shall contain any moneys required by law to be
deposited in the program, including, but not
limited to, any moneys appropriated by the state,
premiums and fees for guaranteeing loans, and
proceeds from the sale, disposition, lease or
rental of collateral relating to loan guarantees.
Any balance remaining in the program at the end of
any fiscal year shall be carried forward in the
program for the fiscal year next succeeding. The
program shall be used to guarantee loans pursuant
to subsection (b) of this section and to pay
reasonable and necessary expenses incurred for
administration under this section. The
Commissioner of Social Services may enter into a
contract with a quasi-public agency, banking
institution or nonprofit corporation to provide
for the administration of the program, provided no
loan guarantee shall be made from the program
without the authorization of the commissioner as
provided in subsection (b) of this section. The
total aggregate amount of guarantees from the
program, with respect to the insured portions of
the loan, may not exceed at any one time an amount
equal to three times the balance in the guarantee
program.
(b) The state, acting by and in the discretion
of the Commissioner of Social Services, may
guarantee the repayment of loans, including, but
not limited to, principal and interest, to a
lending institution that has provided funding for
the construction, reconstruction, rehabilitation
or improvement of child care and child development
facilities. The total aggregate of any loan
guarantee under this section shall be not less
than twenty per cent and shall not exceed fifty
per cent of the principal amount of the
obligation, as determined by approved underwriting
standards approved by the commissioner, and upon
such terms and conditions as the commissioner may
prescribe. The term of any loan guarantee shall be
determined by the useful life of the improvement
but in no event shall exceed thirty years. The
commissioner shall arrange by contract with each
lending institution or the borrower to safeguard
the interests of the program in the event of a
default by the borrower, including, at the
discretion of the commissioner, provision for
notice to the program of default by the borrower,
for foreclosure or other realization upon any
security for the loan, for the time and conditions
for payment to the lending institution by the
program of the amount of any loss to the lending
institution guaranteed by the program and for the
disposition of the proceeds realized from any
security for the loan guaranteed. When it appears
desirable for a temporary period upon default or
threatened default by the borrower, the
commissioner may authorize payments of instalments
of principal or interest, or both, from the
program to the lending institution, and of taxes
and insurance, which payments shall be repaid
under such conditions as the program may prescribe
and the program may also agree to revise terms of
financing when such appears pertinent. Upon
request of the lending institution, the
commissioner may at any time, under such equitable
terms and conditions as it may prescribe, consent
to the release of the borrower from his liability
under the loan or consent to the release of parts
of any secured property from the lien of the
lending institution.
(c) Priority for loan guarantees shall be
given to financing child care centers and child
development centers that (1) have obtained
accreditation from the National Association for
the Education of Young Children or have an
application pending for such accreditation, and
(2) are included in a local school readiness plan,
and (3) shall promote the colocation of programs
endorsed by the Commissioners of Education and
Social Services pursuant to section 4b-31 of the
general statutes, as amended by section 19 of this
act. School readiness programs, licensed child
care providers or nonprofit developers of a child
care center operating under a legally enforceable
agreement with child care providers are eligible
for such guaranteed loans.
(d) The Commissioner of Social Services may
adopt regulations, in accordance with the
provisions of chapter 54 of the general statutes,
to establish procedures and qualifications for
application for guarantees under this section.
Sec. 15. (a) For the purposes described in
subsection (b) of this section, the State Bond
Commission shall have the power, from time to
time, to authorize the issuance of bonds of the
state in one or more series and in principal
amounts not exceeding in the aggregate one million
five hundred thousand dollars.
(b) The proceeds of the sale of said bonds or
other obligations evidencing indebtedness, to the
extent of the amount stated in subsection (a) of
this section, shall be deposited in the Child Care
Facilities Loan Guarantee Program, established
under section 14 of this act, for the purpose of
guaranteeing loans as provided in said section 14.
(c) All provisions of section 3-20 of the
general statutes, or the exercise of any right or
power granted thereby which are not inconsistent
with the provisions of section 14 of this act and
this section, are hereby adopted and shall apply
to all bonds authorized by the State Bond
Commission pursuant to this section, and temporary
bonds or notes in anticipation of the money to be
derived from the sale of any such bonds so
authorized may be issued in accordance with said
section 3-20 and from time to time renewed. Such
obligations shall mature at such time or times not
exceeding twenty years from their respective dates
as may be provided in or pursuant to the
resolution or resolutions of the State Bond
Commission authorizing such obligations. None of
said obligations shall be authorized except upon a
finding by the State Bond Commission that there
has been filed with it a request for such
authorization, which is signed by or on behalf of
the Secretary of the Office of Policy and
Management and states such terms and conditions as
said commission, in its discretion, may require.
Said obligations issued pursuant to this section
shall be general obligations of the state and the
full faith and credit of the state of Connecticut
are pledged for the payment of the principal of
and interest on said bonds as the same become due,
and accordingly and as part of the contract of the
state with the holders of said bonds or
obligations, appropriation of all amounts
necessary for punctual payment of such principal
and interest is hereby made, and the State
Treasurer shall pay such principal and interest as
the same become due.
Sec. 16. (NEW) (a) There is established a
program to be known as the "Child Care Facilities
Direct Revolving Loan Program". The program shall
contain any moneys required by law to be deposited
in the program, including, but not limited to, any
moneys appropriated by the state, premiums, fees,
interest payments and principal payments on direct
loans and proceeds from the sale, disposition,
lease or rental of collateral relating to direct
loans. Any balance remaining in the program at the
end of any fiscal year shall be carried forward in
the program for the next succeeding fiscal year.
The program shall be used to make loans pursuant
to subsection (b) of this section, to make loan
guarantees and to pay reasonable and necessary
expenses incurred in administering loans and loan
guarantees under this section. The Commissioner of
Social Services may enter into a contract with a
quasi-public agency, banking institution or
nonprofit corporation to provide for the
administration of the loan program, provided no
loan or loan guarantee shall be made from the fund
without the authorization of the commissioner as
provided in subsection (b) of this section.
(b) The state, acting by and in the discretion
of the Commissioner of Social Services, may enter
into a contract to provide financial assistance in
the form of interest-free loans, deferred loans or
guaranteed loans to child care providers or to
nonprofit developers of a child care facility
operating under a legally enforceable agreement
with a child care provider, for costs or expenses
incurred and directly connected with the
expansion, improvement or development of child
care facilities. Such costs and expenses may
include: (1) Advances of loan proceeds for direct
loans; (2) expenses incurred in project planning
and design, including architectural expenses; (3)
legal and financial expenses; (4) expenses
incurred in obtaining required permits and
approvals; (5) options to purchase land; (6)
expenses incurred in obtaining required insurance;
(7) expenses incurred in meeting state and local
child care standards; (8) minor renovations and
upgrading child care facilities to meet such
standards and loans for the purpose of obtaining
licensure under section 19a-77 of the general
statutes, as amended by section 32 of this act;
(9) purchase and installation of equipment,
machinery and furniture, including equipment
needed to accommodate children with special needs;
and (10) other preliminary expenses authorized by
the commissioner. Loan proceeds shall not be used
for the refinancing of existing loans, working
capital, supplies or inventory.
(c) The amount of a direct loan under this
section may be up to eighty per cent of the total
amount of investment but shall not exceed ten
thousand dollars for such facility as determined
by the commissioner except that if an applicant
for a loan under this section has an existing loan
that is guaranteed by the Child Care Facilities
Loan Guarantee Program, established under section
14 of this act, the direct loan provided under
this section shall not exceed twenty per cent of
the investment. The amount of any guarantee and a
direct loan under this section shall not exceed
eighty per cent.
(d) Each provider applying for a loan under
this section shall submit an application, on a
form provided by the commissioner that shall
include, but is not limited to, the following
information: (1) A detailed description of the
proposed or existing child care facility; (2) an
itemization of known and estimated costs; (3) the
total amount of investment required to expand or
develop the child care facility; (4) the funds
available to the applicant without financial
assistance from the department; (5) the amount of
financial assistance sought from the department;
(6) information relating to the financial status
of the applicant, including, if available, a
current balance sheet, a profit and loss statement
and credit references; and (7) evidence that the
loan applicant shall, as of the loan closing, own,
have an option to purchase or have a lease for the
term of the loan. Security for the loan may
include an assignment of the lease or other
subordination of any mortgage and the borrower
shall be in default if the loan is not used for
the intended purpose.
(e) Payments of principal and interest on such
loans shall be paid to the State Treasurer for
deposit in the Child Care Facilities Direct
Revolving Loan Program established in subsection
(a) of this section.
(f) The Commissioner of Social Services may
adopt regulations, in accordance with chapter 54
of the general statutes, to carry out the
provisions of this section. Such regulations may
clarify loan procedures, repayment terms, security
requirements, default and remedy provisions, and
such other terms and conditions as said
commissioner shall deem appropriate.
Sec. 17. (a) For the purposes described in
subsection (b) of this section, the State Bond
Commission shall have the power, from time to
time, to authorize the issuance of bonds or other
obligations of the state in one or more series and
in principal amounts not exceeding in the
aggregate seven hundred fifty thousand dollars.
(b) The proceeds of the sale of said bonds, to
the extent of the amount stated in subsection (a)
of this section, shall be deposited in the Child
Care Facilities Direct Revolving Loan Program,
established under section 16 of this act, for the
purpose of making loans and loan guarantees as
provided in said section 16.
(c) All provisions of section 3-20 of the
general statutes, or the exercise of any right or
power granted thereby which are not inconsistent
with the provisions of section 16 of this act and
this section, are hereby adopted and shall apply
to all bonds authorized by the State Bond
Commission pursuant to this section, and temporary
notes in anticipation of the money to be derived
from the sale of any such bonds or other
obligations evidencing indebtedness so authorized
may be issued in accordance with said section 3-20
and from time to time renewed. Such bonds shall
mature at such time or times not exceeding thirty
years from their respective dates as may be
provided in or pursuant to the resolution or
resolutions of the State Bond Commission
authorizing such bonds. None of said bonds or
other obligations evidencing indebtedness shall be
authorized except upon a finding by the State Bond
Commission that there has been filed with it a
request for such authorization, which is signed by
or on behalf of the Secretary of the Office of
Policy and Management and states such terms and
conditions as said commission, in its discretion,
may require. Said bonds issued pursuant to this
section shall be general obligations of the state
and the full faith and credit of the state of
Connecticut are pledged for the payment of the
principal of and interest on said bonds as the
same become due, and accordingly and as part of
the contract of the state with the holders of said
bonds, appropriation of all amounts necessary for
punctual payment of such principal and interest is
hereby made, and the State Treasurer shall pay
such principal and interest as the same become
due.
Sec. 18. Subsection (n) of section 4b-23 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(n) The recommended state facility plan shall
include policies for:
(1) The encouragement of the acquisition,
transfer and utilization of space in suitable
buildings of historic, architectural or cultural
significance, unless use of such space would not
prove feasible and prudent compared with available
alternatives;
(2) The encouragement of the location of
commercial, cultural, educational and recreational
facilities and activities within public buildings;
(3) The provision and maintenance of space,
facilities and activities to the extent
practicable, which encourage public access to and
stimulate public pedestrian traffic around, into
and through public buildings, permitting
cooperative improvements to and uses of the areas
between the building and the street, so that such
activities complement and supplement commercial,
cultural, educational and recreational resources
in the neighborhood of public buildings;
(4) The encouragement of the public use of
public buildings for cultural, educational and
recreational activities;
(5) The encouragement of the ownership or
leasing of modern buildings to replace obsolete
facilities, achieve cost and energy efficiencies,
maximize delivery of services to the public,
preserve existing infrastructure and provide a
comfortable and space-efficient work environment;
and
(6) The encouragement of the establishment of
child day care facilities [for the children of
state employees] AND CHILD DEVELOPMENT CENTERS
INCLUDING PROVISIONS FOR (A) FULL-DAY AND
YEAR-ROUND PROGRAMS FOR CHILDREN OF WORKING
PARENTS, (B) OPPORTUNITIES FOR PARENTS TO CHOOSE
AMONG ACCREDITED PUBLIC OR PRIVATE PROGRAMS, (C)
OPEN ENROLMENT FOR CHILDREN IN CHILD DAY CARE AND
SCHOOL READINESS PROGRAMS, AND (D) INCENTIVES FOR
THE COLOCATION AND SERVICE INTEGRATION OF CHILD
DAY CARE PROGRAMS AND SCHOOL READINESS PROGRAMS
PURSUANT TO SECTION 4b-31, AS AMENDED BY SECTION
19 OF THIS ACT.
Sec. 19. Section 4b-31 of the general statutes
is repealed and the following is substituted in
lieu thereof:
For the purposes of this section and
subsection (g) of section 3-20 and subsections
(a), (b), (c), (e) and (j) of section 4b-23:
(a) "Human services" means adoption and foster
care services; advocacy services; alcohol and drug
abuse services; case management services; SCHOOL
READINESS PROGRAMS; HEAD START PROGRAMS; FAMILY
RESOURCE CENTERS; child and adult day care;
community-based services; community organization
services; counseling, guidance and appraisal
services; day treatment services; employment,
compensatory education, adult education and
training; energy payment assistance; family
planning services; health services; home care,
management and maintenance services; housing
services; human resource development services;
income assistance; information and referral
services; mental health services; mental
retardation services; nutrition services; parole
supervision; protective services; residential
treatment services; services to the blind, the
deaf, the developmentally disabled, the disabled,
the hearing impaired, the visually impaired, the
handicapped, the non-English-speaking and the
poor; social development services; social
services; special transportation services; and
planning, management and evaluation activities
related to the services listed in this section.
(b) "Human services agencies" means any state
agency, authority, board, commission, committee,
council, department, institution or office
providing or having cognizance of any human
services.
(c) "Colocation" means that representatives of
two or more agencies are located in the same
building to facilitate consumer access.
(d) "Integration of services" means providing
multiproblem consumers who are receiving more than
one service with coordinated intake, referral,
case management and other services.
(e) Human services shall be provided, wherever
feasible, through colocated sites that promote
accessibility and integration of services. Each
human services agency shall develop a colocation
statement indicating the manner in which any
planned or requested capital project or program
providing intake, referral and case management
services addresses the following goals: (1)
Accessibility to consumers of human services who
rely on public transportation; (2) ability to
provide opportunities for colocation of human
services agencies with each other and with
federal, municipal and private agencies providing
human services; (3) ability to provide
opportunities for integration of services for
multiproblem consumers; and (4) ability to provide
cost-effective services.
Sec. 20. Section 8-210 of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The state, acting by and in the discretion
of the Commissioner of Social Services, may enter
into a contract with a municipality or a qualified
private, nonprofit corporation for state financial
assistance for the planning, construction,
renovation, site preparation and purchase of
improved or unimproved property as part of a
capital development project for neighborhood
facilities. Such facilities may include, but are
not limited to, child day care facilities, elderly
centers, multipurpose human resource centers,
emergency shelters for the homeless and shelters
for victims of domestic violence. The financial
assistance shall be in the form of state
grants-in-aid equal to (1) all or any portion of
the cost of such capital development project if
the grantee is a qualified private nonprofit
corporation or (2) up to two-thirds of the cost of
such capital development project if the grantee is
a municipality, as determined by the commissioner.
(b) The state, acting by and in the discretion
of the Commissioner of Social Services, may enter
into a contract with a municipality, [or] a human
resource development agency OR A NONPROFIT
CORPORATION for state financial assistance in
developing and operating child day care centers
for children disadvantaged by reasons of economic,
social or environmental conditions, provided no
such financial assistance shall be available for
the operating costs of any such day care center
unless it has been licensed by the Commissioner of
Public Health pursuant to section 19a-80, AS
AMENDED BY SECTION 33 OF THIS ACT. Such financial
assistance shall be available for a program of a
municipality, [or] of a human resource development
agency OR A NONPROFIT CORPORATION which may
provide for personnel, equipment, supplies,
activities, program materials and renovation and
remodeling of physical facilities of such day care
centers. Such contract shall provide for state
financial assistance, within available
appropriations, in the form of a state
grant-in-aid (1) for a portion of the cost of such
program as determined by the Commissioner of
Social Services, if not federally assisted, or (2)
equal to one-half of the amount by which the net
cost of such program as approved by the
commissioner exceeds the federal grant-in-aid
thereof. The Commissioner of Social Services may
authorize child day care centers provided
financial assistance pursuant to this subsection
to apply a program surplus to the next program
year. The commissioner shall consult with
directors of child day care centers in
establishing fees for the operation of such
centers.
(c) THE DEPARTMENT OF SOCIAL SERVICES, IN
CONSULTATION WITH REPRESENTATIVES FROM CHILD CARE
CENTERS, WITHIN AVAILABLE APPROPRIATIONS, SHALL
DEVELOP GUIDELINES FOR STATE CONTRACTED CHILD CARE
CENTER PROGRAMS. THE GUIDELINES SHALL INCLUDE
STANDARDS FOR PROGRAM QUALITY AND DESIGN AND
IDENTIFY SHORT AND LONG-TERM OUTCOMES FOR FAMILIES
PARTICIPATING IN SUCH PROGRAMS. THE DEPARTMENT OF
SOCIAL SERVICES, WITHIN AVAILABLE APPROPRIATIONS,
SHALL PROVIDE A COPY OF SUCH GUIDELINES TO EACH
STATE CONTRACTED CHILD CARE CENTER. EACH STATE
CONTRACTED CHILD CARE CENTER SHALL USE THE
GUIDELINES TO DEVELOP A PROGRAM IMPROVEMENT PLAN
FOR THE NEXT TWELVE-MONTH PERIOD AND SHALL SUBMIT
THE PLAN TO THE DEPARTMENT. THE PLAN SHALL INCLUDE
GOALS TO BE USED FOR MEASURING SUCH IMPROVEMENT.
THE DEPARTMENT SHALL USE THE PLAN TO MONITOR THE
PROGRESS OF THE CENTER.
[(c)] (d) The state, acting by and in the
discretion of the commissioner may enter into a
contract with a municipality, [or] a human
resource development agency OR A NONPROFIT
CORPORATION for state financial assistance for a
project of renovation of any child day care
facility receiving assistance pursuant to the
provisions of this section, to make such facility
accessible to the physically disabled, in the form
of a state grant-in-aid equal to (1) the total net
cost of the project as approved by the
commissioner or (2) the total amount by which the
net cost of the project as approved by the
commissioner exceeds the federal grant-in-aid
thereof.
[(d)] (e) Any municipality, [or] human
resource development agency OR A NONPROFIT
CORPORATION which enters into a contract pursuant
to this section for state financial assistance for
a day care facility shall have sole responsibility
for the development of the budget of the day care
program, including, but not limited to, personnel
costs, purchases of equipment, supplies,
activities and program materials, within the
resources provided by the state under said
contract. Upon local determination of a change in
the type of day care service required in the area,
a municipality, [or] human resource development
agency OR A NONPROFIT CORPORATION may, within the
limits of its annual budget and subject to the
provisions of this subsection and sections 19a-77
to 19a-80, inclusive, AS AMENDED BY THIS ACT, and
19a-82 to 19a-87a, inclusive, AS AMENDED BY THIS
ACT, change its day care service. An application
to change the type of child day care service
provided shall be submitted to the Commissioner of
Social Services. Within forty-five days of his
receipt of the application, the commissioner shall
advise the municipality, [or] human resource
development agency OR A NONPROFIT CORPORATION of
his approval, denial or approval with
modifications of the application. If the
commissioner fails to act on the application
within forty-five days of its submittal, the
application shall be deemed approved.
[(e)] (f) The Commissioner of Social Services
may in his discretion with the approval of the
Secretary of the Office of Policy and Management
authorize the expenditure of such funds for the
purposes of this section as shall enable the
Commissioner of Social Services to apply for,
qualify for and provide the state's share of a
federally assisted day care program.
Sec. 21. Section 10-4o of the general statutes
is repealed and the following is substituted in
lieu thereof:
(a) The Department of Education, in
conjunction with the Department of Social
Services, shall coordinate a family resource
center program to provide comprehensive child care
services, remedial educational and literacy
services, families-in-training programs and
supportive services to parents who are recipients
of [aid to families with dependent children]
TEMPORARY FAMILY ASSISTANCE and other parents in
need of such services. The family resource centers
shall be located in or associated with public
schools. The Commissioner of Education shall
determine the manner in which the grant recipients
of such program, such as municipalities, boards of
education and child care providers shall be
selected. The family resource center shall
provide: (1) Quality full-day child care AND
SCHOOL READINESS PROGRAMS for children age three
and older who are not enrolled in school and child
care for children enrolled in school up to the age
of twelve for before and after regular school
hours and on a full-day basis during school
holidays and school vacation, in compliance with
all state statutes and regulations governing child
day care; (2) support services to parents of
newborn infants to ascertain their needs and
provide them with referrals to other services and
organizations and, if necessary, education in
parenting skills to such parents; (3) support and
educational services to parents whose children are
participants of the child care services of the
program and who are interested in obtaining a high
school diploma or its equivalent. Parents and
their preschool age children may attend classes in
parenting and child learning skills together so as
to promote the mutual pursuit of education and
enhance parent-child interaction; (4) training,
technical assistance and other support by the
staff of the center to family day care providers
in the community and serve as an information and
referral system for other child care needs in the
community or coordinate with such systems as may
already exist in the community; (5) a
families-in-training program to provide, within
available appropriations, community support
services to expectant parents and parents of
children under the age of three. Such services
shall include, but not be limited to, providing
information and advice to parents on their child's
language, cognitive, social and motor development,
visiting a participant's home on a regular basis,
organizing group meetings at the center for
neighborhood parents of young children and
providing a reference center for parents who need
special assistance or services. The program shall
provide for the recruitment of parents to
participate in such program; and (6) a sliding
scale of payment, AS DEVELOPED IN CONSULTATION
WITH THE DEPARTMENT OF SOCIAL SERVICES, for [day]
CHILD care services at the center. The center
shall also provide a teen pregnancy prevention
program for adolescents emphasizing responsible
decision-making and communication skills.
(b) THE DEPARTMENT OF EDUCATION, IN
CONSULTATION WITH REPRESENTATIVES FROM FAMILY
RESOURCE CENTERS, WITHIN AVAILABLE APPROPRIATIONS,
SHALL DEVELOP GUIDELINES FOR FAMILY RESOURCE
CENTER PROGRAMS. THE GUIDELINES SHALL INCLUDE
STANDARDS FOR PROGRAM QUALITY AND DESIGN AND
IDENTIFY SHORT AND LONG-TERM OUTCOMES FOR FAMILIES
PARTICIPATING IN SUCH PROGRAMS. THE DEPARTMENT OF
EDUCATION, WITHIN AVAILABLE APPROPRIATIONS, SHALL
PROVIDE A COPY OF SUCH GUIDELINES TO EACH FAMILY
RESOURCE CENTER. EACH FAMILY RESOURCE CENTER SHALL
USE THE GUIDELINES TO DEVELOP A PROGRAM
IMPROVEMENT PLAN FOR THE NEXT TWELVE-MONTH PERIOD
AND SHALL SUBMIT THE PLAN TO THE DEPARTMENT. THE
PLAN SHALL INCLUDE GOALS TO BE USED FOR MEASURING
SUCH IMPROVEMENT. THE DEPARTMENT SHALL USE THE
PLAN TO MONITOR THE PROGRESS OF THE CENTER. FAMILY
RESOURCE CENTERS IN EXISTENCE ON JULY 1, 1997,
SHALL BE GIVEN A PREFERENCE FOR GRANTS FOR SCHOOL
READINESS AWARDED BY THE DEPARTMENT OF EDUCATION
OR THE DEPARTMENT OF SOCIAL SERVICES AND FOR
FINANCING PURSUANT TO SECTIONS 12, 14 AND 16 OF
THIS ACT.
(c) THE DEPARTMENT OF EDUCATION, WITHIN
AVAILABLE APPROPRIATIONS, SHALL PROVIDE FOR A
LONGITUDINAL STUDY OF FAMILY RESOURCE CENTERS
EVERY THREE YEARS.
[(b)] (d) The Commissioner of Education may
provide grants to municipalities, boards of
education and child care providers to carry out
the purposes of subsection (a) of this section.
Each family resource center shall have a program
administrator who has at least two years of
experience in child care, public administration or
early childhood education and a master's degree in
child development, early childhood education or a
related field.
[(c)] (e) The Commissioner of Education may
accept and receive on behalf of the department or
any family resource center, subject to section
4b-22, any bequest, devise or grant made to the
department or any family resource center for the
purpose of establishing a new family resource
center or expanding an existing center, and may
hold and use such property for the purpose
specified in such bequest, devise or gift.
Sec. 22. Section 10-285a of the general
statutes is amended by adding subsection (e) as
follows:
(NEW) (e) If an elementary school building
project for a new building or for the expansion of
an existing building includes space for a school
readiness program, the percentage determined
pursuant to this section shall be increased by
five percentage points, but shall not exceed one
hundred per cent, for the portion of the building
used primarily for such purpose.
Sec. 23. Section 10a-180 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The purpose of the authority shall be to
assist institutions for higher education, health
care institutions, nursing homes, CHILD CARE OR
CHILD DEVELOPMENT FACILITIES, and qualified
nonprofit organizations in the construction,
financing and refinancing of projects, and for
this purpose the authority is authorized and
empowered:
(a) To have perpetual succession as a body
politic and corporate and to adopt bylaws for the
regulation of its affairs and the conduct of its
business;
(b) To adopt an official seal and alter the
same at pleasure;
(c) To maintain an office at such place or
places as it may designate;
(d) To sue and be sued in its own name, and
plead and be impleaded;
(e) To determine the location and character of
any project to be financed under the provisions of
this chapter, and to construct, reconstruct,
renovate, replace, maintain, repair, operate,
lease, as lessee or lessor, and regulate the same,
to enter into contracts for any or all of such
purposes, to enter into contracts for the
management and operation of a project, and to
designate a participating institution for higher
education, a participating health care
institution, a participating corporation, a
participating nursing home or a participating
qualified nonprofit organization as its agent to
determine the location and character of a project
undertaken by such participating institution for
higher education, by such participating health
care institution, by such participating
corporation, by such participating nursing home or
by such participating qualified nonprofit
organization under the provisions of this chapter
and as the agent of the authority, to construct,
reconstruct, renovate, replace, maintain, repair,
operate, lease, as lessee or lessor, and regulate
the same, and, as the agent of the authority, to
enter into contracts for any or all of such
purposes, including contracts for the management
and operation of such project;
(f) To issue bonds, bond anticipation notes
and other obligations of the authority for any of
its corporate purposes, and to fund or refund the
same, all as provided in this chapter;
(g) Generally, to fix and revise from time to
time and charge and collect rates, rents, fees and
charges for the use of and for the services
furnished or to be furnished by a project or any
portion thereof and to contract with any person,
partnership, association or corporation or other
body public or private in respect thereof;
(h) To establish rules and regulations for the
use of a project or any portion thereof and to
designate a participating institution for higher
education, a participating health care
institution, a participating corporation, a
participating nursing home or qualified nonprofit
organization as its agent to establish rules and
regulations for the use of a project undertaken by
such participating institution for higher
education, by such participating health care
institution, by such participating corporation or
by such participating nursing home or by such
participating qualified nonprofit organization;
(i) To employ consulting engineers,
architects, attorneys, accountants, construction
and financial experts, superintendents, managers,
and such other employees and agents as may be
necessary in its judgment, and to fix their
qualifications, duties and compensation;
(j) To receive and accept from any public
agency insurance, loans or grants for or in aid of
the construction of a project or any portion
thereof, and to receive and accept loans, grants,
aid or contributions from any source of either
money, property, labor or other things of value,
to be held, used and applied only for the purposes
for which such loans, grants, aid and
contributions are made;
(k) To mortgage any project and the site
thereof for the benefit of the holders of bonds
issued to finance such project;
(l) To make loans to any participating
institution for higher education, to any
participating health care institution, to any
participating corporation, to any participating
nursing home and to any participating qualified
nonprofit organization for the cost of a project
in accordance with an agreement between the
authority and such participating institution for
higher education, such participating health care
institution, such participating corporation, such
participating nursing home or such participating
qualified nonprofit organization and to utilize
the services of an agent in making such loans or
to agree to purchase federally guaranteed
securities from any third parties making such
loans; provided no such loan shall exceed the
total cost of the project as determined by the
participating institution for higher education,
the participating health care institution, the
participating corporation, the participating
nursing home or the participating qualified
nonprofit organization, and approved by the
authority;
(m) To make loans to a participating
institution for higher education, to a
participating health care institution, to a
participating corporation, to a participating
nursing home or to a participating qualified
nonprofit organization, to refinance or refund
outstanding obligations or mortgages on the
project, or advances issued for the cost of a
project, made or given by such participating
institution for higher education, such
participating health care institution, such
participating corporation, such participating
nursing home or such participating qualified
nonprofit organization, to utilize the services of
an agent in making such loans or to agree to
purchase federally guaranteed securities from any
third parties making such loans and to create a
security interest in revenues to be pledged to the
authority;
(n) To charge to and equitably apportion among
participating institutions for higher education,
participating health care institutions,
participating corporations, participating nursing
homes and participating qualified nonprofit
organizations its administrative costs and
expenses incurred in the exercise of the powers
and duties conferred by this chapter;
(o) To acquire and to agree to acquire any
federally guaranteed security and to pledge or
otherwise use any such federally guaranteed
security in such manner as the authority deems in
its best interest to secure or otherwise provide a
source of repayment on any of its bonds or notes
or to agree to make a loan to any participating
institution for higher education, participating
health care institution, participating
corporation, participating nursing home or
participating qualified nonprofit organization for
the purpose of acquiring and entering into
commitments to acquire any federally guaranteed
security; provided that any agreement entered into
pursuant to this subdivision may contain such
provisions as are deemed necessary or desirable by
the authority for the security or protection of
the authority or the holders of its bonds or
notes; provided further that the authority, prior
to making any such acquisition, commitment or
loan, shall agree with any such participating
institution for higher education, participating
health care institution, participating
corporation, participating nursing home or
participating qualified nonprofit organization or
any other appropriate institution or corporation
to require that the proceeds derived from the
acquisition of any such federally guaranteed
security will be used for the purpose of financing
or refinancing any project for such participating
institution for higher education, participating
health care institution, participating
corporation, participating nursing home or
participating qualified nonprofit organization;
(p) To do all things necessary or convenient
to carry out the purposes of this chapter. In
carrying out the purposes of this chapter, the
authority may undertake a project for two or more
participating institutions for higher education
jointly, two or more participating health care
institutions jointly, two or more participating
corporations jointly, two or more participating
nursing homes jointly or two or more participating
qualified nonprofit organizations jointly, or for
any combination thereof of participating
institutions for higher education, participating
health care institutions, participating
corporations, participating nursing homes or
participating qualified nonprofit organizations,
and, thereupon, all other provisions of this
chapter shall apply to and for the benefit of the
authority and such joint participants;
(q) To make loans to any participating health
care institution, to any participating institution
for higher education, to any participating
corporation, or to any participating qualified
nonprofit organization which is organized,
controlled or supervised by a health care
institution or an institution of higher education
to finance or refinance the cost of a project to
be used to provide housing and auxiliary
facilities for staff members, employees or
students of any such health care institution or
institution of higher education and their
immediate families, for physically or mentally
handicapped persons or for any one or more of the
above purposes;
(r) To make and enter into all contracts and
agreements necessary or incidental to the
performance of its duties and the execution of its
powers under its enabling legislation, including
contracts and agreements for such professional
services as financial consultants, bond counsel,
underwriters, technical specialists, as the board
of directors shall deem necessary;
(s) To invest any funds not needed for
immediate use or disbursement, including reserve
funds, in obligations issued or guaranteed by the
United States of America or the state of
Connecticut, including the state's short-term or
long-term investment fund, and in other
obligations which are legal investments for
savings banks in this state, or in investment
agreements with financial institutions whose
short-term obligations are rated within the top
two rating categories of any nationally recognized
rating service or of any rating service recognized
by the state Commissioner of Banking, or
investment agreements fully secured by obligations
of, or guaranteed by, the United States or
agencies or instrumentalities of the United States
or in securities or obligations which are legal
investments for savings banks in this state,
subject to repurchase agreements in the manner in
which such agreements are negotiated in sales of
securities in the market place, provided that the
authority shall not enter into any such agreement
with any securities dealer or bank acting as a
securities dealer unless such dealer or bank is
included in the list of primary dealers, effective
at the time of such agreement, as prepared by the
Federal Reserve Bank of New York;
(t) To adopt regular procedures for exercising
its power under its enabling legislation not in
conflict with existing statutes.
Sec. 24. Section 12-634 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Commissioner of Revenue Services shall
grant a credit against any tax due under the
provisions of chapter 207, 208, 209, 210, 211 or
212 in an amount not to exceed forty per cent of
the total cash amount invested during the taxable
year by the business firm in programs operated or
created pursuant to proposals approved pursuant to
section 12-632 for planning, site preparation,
construction, renovation or acquisition of
facilities for purposes of establishing a child
day care facility to be used primarily by the
children of such business firm's employees and
equipment installed for such facility, including
kitchen appliances, to the extent that such
equipment or appliances are necessary in the use
of such facility for purposes of child day care,
provided: (1) Such facility is operated under the
authority of a license issued by the Commissioner
of Public Health in accordance with sections
19a-77 to 19a-87, inclusive, AS AMENDED BY THIS
ACT, (2) such facility is operated without profit
by such business firm related to any charges
imposed for the use of such facility for purposes
of child day care, and (3) the amount of tax
credit allowed any business firm under the
provisions of this section for any income year may
not exceed [ten] FIFTY thousand dollars. If two or
more business firms share in the cost of
establishing such a facility for the children of
their employees, each such taxpayer shall be
allowed such credit in relation to the respective
share, paid or incurred by such taxpayer, of the
total expenditures for the facility in such income
year. The commissioner shall not grant a credit
pursuant to this section to any taxpayer claiming
a credit for the same year pursuant to subsection
(c) of section 17b-740, AS AMENDED BY SECTION 27
OF THIS ACT.
Sec. 25. Subsection (e) of section 17a-28 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(e) The commissioner or his designee shall,
upon request, promptly provide copies of records,
without the consent of a person, to (1) a law
enforcement agency, [and] (2) the Chief State's
Attorney or his designee or a state's attorney for
the judicial district in which the child resides
or in which the alleged abuse or neglect occurred
or his designee, for purposes of investigating or
prosecuting an allegation of child abuse or
neglect, AND (3) THE DEPARTMENT OF PUBLIC HEALTH,
WHICH LICENSES ANY PERSON TO CARE FOR CHILDREN FOR
THE PURPOSES OF DETERMINING SUITABILITY OF SUCH
PERSON FOR LICENSURE. The commissioner shall
disclose to such law enforcement agency or
attorney any part of a record, whether or not
created by the department, provided no
confidential record of the Superior Court shall be
disclosed other than the petition and any
affidavits filed therewith in the superior court
for juvenile matters, except upon an order of a
judge of the Superior Court for good cause shown.
The commissioner shall also disclose the name of
any individual who cooperates with an
investigation of a report of child abuse or
neglect to such law enforcement agency or state's
attorney for purposes of investigating or
prosecuting an allegation of child abuse or
neglect. THE COMMISSIONER OR HIS DESIGNEE SHALL,
UPON REQUEST, PROMPTLY PROVIDE COPIES OF RECORDS,
WITHOUT THE CONSENT OF THE PERSON, TO (A) THE
DEPARTMENT OF PUBLIC HEALTH FOR THE PURPOSE OF
DETERMINING THE SUITABILITY OF A PERSON TO CARE
FOR CHILDREN IN A FACILITY LICENSED UNDER SECTIONS
19a-77 TO 19a-80, INCLUSIVE, 19a-82 TO 19a-87,
INCLUSIVE, AND 19a-87b, AND (B) THE DEPARTMENT OF
SOCIAL SERVICES FOR DETERMINING THE SUITABILITY OF
A PERSON FOR ANY PAYMENT FROM THE DEPARTMENT FOR
PROVIDING CHILD CARE.
Sec. 26. Section 17b-733 of the general
statutes is repealed and the following is
substituted in lieu thereof:
The Department of Social Services shall be the
lead agency for child day care services in
Connecticut. The department shall: (1) Identify,
annually, existing child day care services and
maintain an inventory of all available services;
(2) provide technical assistance to corporations
and private agencies in the development and
expansion of child day care services for families
at all income levels, including families of their
employees and clients; (3) study and identify
funding sources available for child day care
including federal funds and tax benefits; (4)
study the cost and availability of liability
insurance for child day care providers; (5)
provide, in conjunction with the [Department]
DEPARTMENTS of Education AND HIGHER EDUCATION,
ongoing training for child day care providers
including preparing videotaped workshops and
distributing them to cable stations for broadcast
on public access stations, and seek private
donations to fund such training; (6) ENCOURAGE
CHILD DAY CARE SERVICES TO OBTAIN ACCREDITATION;
(7) DEVELOP A RANGE OF FINANCING OPTIONS FOR CHILD
CARE SERVICES, INCLUDING THE USE OF A TAX EXEMPT
BOND PROGRAM, A LOAN GUARANTEE PROGRAM AND
ESTABLISHING A DIRECT REVOLVING LOAN PROGRAM; (8)
PROMOTE THE COLOCATION OF CHILD DAY CARE AND
SCHOOL READINESS PROGRAMS PURSUANT TO SECTION
4b-31, AS AMENDED BY SECTION 19 OF THIS ACT; (9)
ESTABLISH A PERFORMANCE-BASED EVALUATION SYSTEM;
(10) develop for recommendation to the Governor
and the General Assembly measures to provide
incentives for the private sector to develop and
support expanded child day care services; [(7)]
(11) provide, within available funds and in
conjunction with the [JOBS] TEMPORARY FAMILY
ASSISTANCE program as defined in section 17b-680,
child day care to public assistance recipients;
[(8)] (12) develop and implement, with the
assistance of the Child Day Care Council and the
Departments of Public Health, Social Services,
Education, Children and Families, Economic and
Community Development and Consumer Protection, a
state-wide coordinated child day care training
system for providers and staff in child day care
centers, group day care homes and family day care
homes; [(9)] (13) plan and implement a unit cost
reimbursement system for state-funded child day
care services; and [(10)] (14) report annually to
the Governor and the General Assembly on the
status of child day care in Connecticut. Such
report shall include (A) an itemization of the
allocation of state and federal funds for child
care programs; (B) the number of children served
under each program so funded; (C) the number and
type of such programs, providers and support
personnel; [(D) salaries and other provider
compensation; (E)] (D) state activities to
encourage partnership between the public and
private sectors; [(F)] (E) average payments issued
by the state for both part-time and full-time
child care; [(G)] (F) range of family income and
percentages served within each range by such
programs; and [(H)] (G) age range of children
served.
Sec. 27. Subsection (c) of section 17b-740 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(c) Any business firm which desires to pay or
incur expenditures in any income year for
planning, site preparation, construction,
renovation or acquisition of facilities for the
purposes of establishing a child day care facility
on or off site and purchasing and installing
equipment for permanent use within or immediately
adjacent to such facility, including kitchen
appliances, to the extent that such equipment or
appliances are necessary in the use of such
facility for purposes of child day care, may apply
to the Commissioner of Social Services for an
allocation for a tax credit in an amount as
provided in section 17b-741, provided (1) such
facility is operated under the authority of a
license issued by the Commissioner of Public
Health in accordance with sections 19a-77, AS
AMENDED BY SECTION 32 OF THIS ACT, 19a-79 to
19a-87, inclusive, AS AMENDED BY THIS ACT, (2)
such facility is operated without profit or is
operated for profit by such taxpayer related to
any charges imposed for the use of such facility
for purposes of child day care and (3) the amount
of tax credit allowed any taxpayer under the
provisions of this subsection for any income year
may not exceed [twenty] FIFTY thousand dollars. If
two or more taxpayers share in the cost of
establishing such a facility for the children of
their employees, each such taxpayer shall be
allowed such credit in relation to the respective
share, paid or incurred by such taxpayer, of the
total expenditures for the facility in such income
year. No business firm which regularly engages in
the construction or operation of child day care
facilities shall be eligible for any tax credit
under the provisions of this subsection.
Sec. 28. Section 17b-749 of the general
statutes is repealed and the following is
substituted in lieu thereof:
[The Commissioner of Social Services may, in
his discretion, purchase services from or provide
day care subsidies to parents for day care
services provided by licensed day care centers,
licensed group day care homes, registered family
day care homes, providers giving day care in the
child's home and a relative of the child giving
day care in the relative's home. The commissioner
shall establish the standard of initial
eligibility at a level to include children living
in families with income up to fifty per cent of
the state-wide median income, as from time to time
promulgated by the Department of Health and Human
Services. The commissioner may increase the
standard of initial eligibility to include
children living in families with income up to
seventy-five per cent of the state-wide median
income. Participating families with income less
than seventy-five per cent of the median shall at
a minimum continue to be eligible until the child
attends school for a full day. The commissioner
shall adopt regulations, in accordance with the
provisions of chapter 54, establishing (1) the
level of payment for such services; (2) a priority
intake system for the lowest income families,
families with special needs and families with more
than one child in day care; and (3) a procedure
for an annual review of the market rate for such
services as defined by federal law. The level of
payment shall be based upon (A) the income of the
family, (B) the age and any special needs of the
child, (C) the setting of care, (D) the needs of
families with more than one child in day care, and
(E) geographic rate variations.]
(a) THE COMMISSIONER OF SOCIAL SERVICES SHALL
ESTABLISH AND OPERATE A CHILD CARE SUBSIDY PROGRAM
TO INCREASE THE AVAILABILITY, AFFORDABILITY AND
QUALITY OF CHILD CARE SERVICES FOR FAMILIES WITH A
PARENT OR CARETAKER WHO IS WORKING, ATTENDING HIGH
SCHOOL OR WHO RECEIVES CASH ASSISTANCE UNDER THE
TEMPORARY FAMILY ASSISTANCE PROGRAM FROM THE
DEPARTMENT OF SOCIAL SERVICES AND IS PARTICIPATING
IN AN APPROVED EDUCATION, TRAINING, OR OTHER JOB
PREPARATION ACTIVITY. SERVICES AVAILABLE UNDER THE
CHILD CARE PROGRAM SHALL INCLUDE THE PROVISION OF
CHILD CARE SUBSIDIES FOR CHILDREN UNDER THE AGE OF
THIRTEEN OR CHILDREN UNDER THE AGE OF NINETEEN
WITH SPECIAL NEEDS.
(b) THE COMMISSIONER SHALL ESTABLISH INCOME
STANDARDS FOR APPLICANTS AND RECIPIENTS AT A LEVEL
TO INCLUDE A FAMILY WITH GROSS INCOME UP TO FIFTY
PER CENT OF THE STATE-WIDE MEDIAN INCOME, EXCEPT
THE COMMISSIONER MAY INCREASE THE INCOME LEVEL TO
UP TO SEVENTY-FIVE PER CENT OF THE STATE-WIDE
MEDIAN INCOME.
(c) THE COMMISSIONER SHALL ESTABLISH
ELIGIBILITY AND PROGRAM STANDARDS INCLUDING, BUT
NOT LIMITED TO: (1) A PRIORITY INTAKE AND
ELIGIBILITY SYSTEM WITH PREFERENCE GIVEN TO
SERVING TEEN PARENTS, LOW INCOME WORKING FAMILIES
AND WORKING FAMILIES WHO ARE AT RISK OF WELFARE
DEPENDENCY; (2) HEALTH AND SAFETY STANDARDS FOR
CHILD CARE PROVIDERS NOT REQUIRED TO BE LICENSED;
(3) A REIMBURSEMENT SYSTEM FOR CHILD CARE SERVICES
WHICH ACCOUNT FOR DIFFERENCES IN THE AGE OF THE
CHILD, NUMBER OF CHILDREN IN THE FAMILY, THE
GEOGRAPHIC REGION AND TYPE OF CARE PROVIDED BY
LICENSED AND UNLICENSED CAREGIVERS, THE COST AND
TYPE OF SERVICES PROVIDED BY LICENSED AND
UNLICENSED CAREGIVERS, AND PROGRAM ACCREDITATION;
(4) SUPPLEMENTAL PAYMENT FOR SPECIAL NEEDS OF THE
CHILD AND EXTENDED NONTRADITIONAL HOURS; (5) AN
ANNUAL RATE REVIEW PROCESS WHICH ASSURES THAT
REIMBURSEMENT RATES ARE MAINTAINED AT LEVELS WHICH
PERMIT EQUAL ACCESS TO A VARIETY OF CHILD CARE
SETTINGS; (6) A SLIDING REIMBURSEMENT SCALE FOR
PARTICIPATING FAMILIES; (7) AN ADMINISTRATIVE
APPEALS PROCESS; (8) AN ADMINISTRATIVE HEARING
PROCESS TO ADJUDICATE CASES OF ALLEGED FRAUD AND
ABUSE AND TO IMPOSE SANCTIONS AND RECOVER
OVERPAYMENTS; AND (9) A WAITING LIST FOR THE CHILD
CARE SUBSIDY PROGRAM THAT REFLECTS THE PRIORITY
AND ELIGIBILITY SYSTEM SET FORTH IN SUBDIVISION
(1) OF SUBSECTION (c) OF THIS SECTION, WHICH IS
REVIEWED PERIODICALLY, WITH THE INCLUSION OF THIS
INFORMATION IN THE ANNUAL REPORT REQUIRED TO BE
ISSUED ANNUALLY BY THE DEPARTMENT OF SOCIAL
SERVICES TO THE GOVERNOR AND THE GENERAL ASSEMBLY
IN ACCORDANCE WITH SUBDIVISION (10) OF SECTION
17b-733, AS AMENDED BY SECTION 26 OF THIS ACT.
SUCH ACTION WILL INCLUDE, BUT NOT BE LIMITED TO,
FAMILY INCOME, AGE OF CHILD, REGION OF STATE AND
LENGTH OF TIME ON SUCH WAITING LIST.
(d) ON OR AFTER JANUARY 1, 1998, A PROVIDER
UNDER THE CHILD CARE SUBSIDY PROGRAM THAT
QUALIFIES FOR ELIGIBILITY AND SUBSEQUENTLY
RECEIVES PAYMENT FOR CHILD CARE SERVICES FOR
RECIPIENTS UNDER THIS SECTION SHALL BE REIMBURSED
FOR SUCH SERVICES UNTIL INFORMED BY THE DEPARTMENT
OF SOCIAL SERVICES OF THE PARENT'S INELIGIBILITY.
(e) ALL LICENSED CHILD CARE PROVIDERS AND
THOSE PROVIDERS EXEMPT FROM LICENSING SHALL
PROVIDE THE DEPARTMENT OF SOCIAL SERVICES WITH THE
FOLLOWING INFORMATION IN ORDER TO MAINTAIN
ELIGIBILITY FOR REIMBURSEMENT: (1) THE NAME,
ADDRESS, APPROPRIATE IDENTIFICATION, SOCIAL
SECURITY NUMBER AND TELEPHONE NUMBER OF THE
PROVIDER AND ALL ADULTS WHO WORK FOR OR RESIDE AT
THE LOCATION WHERE CARE IS PROVIDED; (2) THE NAME
AND ADDRESS OF THE CHILD'S DOCTOR, PRIMARY CARE
PROVIDER AND HEALTH INSURANCE COMPANY; (3) WHETHER
THE CHILD IS IMMUNIZED AND HAS HAD EPSDT HEALTH
SCREENS; AND (4) THE NUMBER OF CHILDREN CARED FOR
BY THE PROVIDER.
(f) ON OR AFTER JANUARY 1, 1998, THE
COMMISSIONER SHALL ADOPT REGULATIONS, IN
ACCORDANCE WITH THE PROVISIONS OF CHAPTER 54, TO
IMPLEMENT THE PROVISIONS OF THIS SECTION.
Sec. 29. (NEW) The Commissioner of Social
Services may, within available appropriations,
upon submission of a request by a facility
operating a child care program that is financed
with tax exempt or taxable bonds issued through
the Connecticut Health and Educational Facilities
Authority, allow actual debt service, comprised of
principal, interest and premium, if any, on the
loan or loans, a debt service reserve fund and
reasonable repair and replacement reserve,
provided such debt service terms and amounts are
determined by the commissioner, at the time the
loan is entered into, to be reasonable in relation
to the useful life and base value of the property.
Sec. 30. (NEW) The Commissioner of Social
Services shall establish health and safety
standards, within available appropriations, for
the Child Care Subsidy Program. The commissioner
shall adopt regulations, in accordance with
chapter 54 of the general statutes, which shall
include, but not be limited to, the following: (1)
A requirement for the provider or relative to
apply for reimbursement from the Department of
Social Services; (2) a requirement for the
provider or relative to provide reasonable
confirmation of physical premises safety pursuant
to 45 CFR Part 98.41; and (3) minimum health and
safety training appropriate to the provider
setting and the prevention and control of
infectious diseases, including immunization. The
commissioner shall, within available
appropriations, distribute information on the
availability of health and safety training and
assistance.
Sec. 31. Section 8 of public act 96-262 is
repealed and the following is substituted in lieu
thereof:
(a) Notwithstanding any provision of sections
19a-80, AS AMENDED BY SECTION 33 OF THIS ACT, and
19a-87 of the general statutes, [as amended,] the
Commissioner of Public Health may establish,
within available appropriations, a limited amnesty
program in effect commencing October 1, 1996, and
ending September 30, [1997] 1998, for any
unlicensed family day care home, [or] group day
care home that voluntarily comes forth during said
calendar [year] YEARS to apply for licensure. Such
program shall exempt [such] a family day care
home, or group day care home from ANY penalties,
INCLUDING RETROACTIVE PENALTIES, for operating
without a license if a plan for compliance with
the applicable statutes and regulations is
developed and agreed to by the commissioner and
such family day care home, [or] group day care
home. SUCH FAMILY DAY CARE HOMES AND GROUP DAY
CARE HOMES SHALL BE ALLOWED TO CONTINUE OPERATING
WHILE PARTICIPATING IN SAID AMNESTY PROGRAM.
(b) The Commissioner of Social Services shall
conduct a community outreach program and media
campaign to notify the public of such amnesty
program. The commissioner may allocate grants or
loans to such unlicensed day care homes to meet
the standards of licensure.
Sec. 32. Subsection (a) of section 19a-77 of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) As used in sections 19a-77 to 19a-80,
inclusive, AS AMENDED BY THIS ACT, and 19a-82 to
19a-87, inclusive, "child day care services" shall
include:
(1) A "child day care center" which offers or
provides a program of supplementary care to more
than twelve related or unrelated children outside
their own homes on a regular basis; [for a part of
the twenty-four hours in one or more days in the
week;]
(2) A "group day care home" which offers or
provides a program of supplementary care to not
less than seven nor more than twelve related or
unrelated children on a regular basis; [for a part
of the twenty-four hours in one or more days in
the week;]
(3) A "family day care home" which consists of
a private family home caring for not more than six
children, including the provider's own children
not in school full time, where the children are
cared for not less than three nor more than twelve
hours during a twenty-four-hour period and where
care is given on a regularly recurring basis
except that care may be provided in excess of
twelve hours but not more than seventy-two
consecutive hours to accommodate a need for
extended care or intermittent short-term overnight
care. During the regular school year, a maximum of
three additional children who are in school full
time, including the provider's own children, shall
be permitted, except that if the provider has more
than three children who are in school full time,
all of the provider's children shall be permitted;
(4) "NIGHT CARE" MEANS THE CARE PROVIDED FOR
ONE OR MORE HOURS BETWEEN THE HOURS OF 10:00 P.M.
AND 5:00 A.M.;
(5) "YEAR-ROUND" PROGRAMS MEANS A PROGRAM OPEN
AT LEAST FIFTY WEEKS PER YEAR.
(b) For registration and licensing requirement
purposes, child day care services shall not
include such services which are (1) administered
by a public school system, (2) administered by a
private school which is in compliance with section
10-188 and is approved by the State Board of
Education or is accredited by an accrediting
agency recognized by the State Board of Education,
(3) recreation operations such as but not limited
to library programs, boys' and girls' clubs,
church-related activities, scouting, camping or
community-youth programs, (4) informal
arrangements among neighbors or relatives in their
own homes, or (5) drop-in supplementary child care
operations where parents are on the premises for
educational or recreational purposes and the child
receives such care infrequently. For purposes of
subdivision (4) of this subsection, the term
"relative" is limited to any of the following
degrees of kinship by blood or marriage to the
child being cared for or to a parent of the child:
Child, grandchild, sibling, niece, nephew, aunt,
uncle or child of one's aunt or uncle.
(c) No registrant or licensee of any child day
care services as defined in subsection (a) of this
section shall be issued an additional registration
or license to provide any such services at the
same facility.
Sec. 33. Section 19a-80 of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, group of persons, association,
organization, corporation, institution or agency,
public or private, shall maintain a child day care
center or group day care home without a license
issued in accordance with sections 19a-77 to
19a-80, inclusive, AS AMENDED BY THIS ACT, and
19a-82 to 19a-87, inclusive. Applications for such
license shall be made to the Commissioner of
Public Health on forms provided by him and shall
contain the information required by regulations
adopted under said sections. The forms shall
contain a notice that false statements made
therein are punishable in accordance with section
53a-157b.
(b) Upon receipt of an application for a
license, the Commissioner of Public Health shall
issue such license if, upon inspection and
investigation, he finds that the applicant, the
facilities and the program meet the health,
educational and social needs of children likely to
attend the child day care center or group day care
home and comply with requirements established by
regulations adopted under sections 19a-77 to
19a-80, inclusive, AS AMENDED BY THIS ACT, and
19a-82 to 19a-87, inclusive. Each license except a
temporary license shall be for a term of two
years, shall be inalienable, may be renewed upon
terms and conditions established by regulation and
may be suspended or revoked after notice and an
opportunity for a hearing as provided in section
19a-84 for violation of the regulations
promulgated under sections 19a-77 to 19a-80,
inclusive, AS AMENDED BY THIS ACT, and 19a-82 to
19a-87, inclusive. The commissioner may issue a
temporary license for a term of six months and
renewable for another six months, upon such terms
and conditions as shall be provided in regulations
adopted under said sections. The Commissioner of
Public Health shall collect from the licensee of a
day care center a fee of two hundred dollars for
each license issued or renewed for a term of two
years and a fee of fifty dollars for each
temporary license issued or renewed for a term of
six months. The Commissioner of Public Health
shall collect from the licensee of a group day
care home a fee of one hundred dollars for each
license issued or renewed for a term of two years
and a fee of thirty dollars for each temporary
license issued or renewed for a term of six
months.
(c) ON AND AFTER OCTOBER 1, 1997, THE
COMMISSIONER OF PUBLIC HEALTH, WITHIN AVAILABLE
APPROPRIATIONS, SHALL REQUEST A CRIMINAL RECORDS
CHECK OF EACH PROSPECTIVE EMPLOYEE OF A CHILD DAY
CARE CENTER OR GROUP DAY CARE HOME IN A POSITION
REQUIRING THE PROVISION OF CARE TO A CHILD. SUCH
CRIMINAL RECORDS CHECK SHALL BE REQUESTED FROM THE
STATE POLICE BUREAU OF IDENTIFICATION AND THE
FEDERAL BUREAU OF INVESTIGATION. THE COMMISSIONER
SHALL ALSO REQUEST A CHECK OF THE STATE CHILD
ABUSE REGISTRY ESTABLISHED PURSUANT TO SECTION
17a-101k. A FEE SHALL BE CHARGED BY THE
COMMISSIONER FOR EACH SUCH NATIONAL CRIMINAL
HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE
FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION
FOR PERFORMING SUCH CHECK. THE DEPARTMENT OF
PUBLIC HEALTH SHALL REIMBURSE THE DEPARTMENT OF
PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL
CRIMINAL HISTORY RECORDS CHECK. PURSUANT TO THE
INTERAGENCY AGREEMENT PROVIDED FOR IN SECTION 6 OF
THIS ACT, THE DEPARTMENT OF SOCIAL SERVICES MAY
AGREE TO TRANSFER FUNDS APPROPRIATED FOR CRIMINAL
RECORDS CHECKS TO THE DEPARTMENT OF PUBLIC HEALTH.
NOT MORE THAN THREE MONTHS AFTER THE EFFECTIVE
DATE OF THIS ACT, THE COMMISSIONER SHALL NOTIFY
EACH LICENSEE OF THE PROVISIONS OF THIS
SUBSECTION.
Sec. 34. Section 19a-80e of the general
statutes is repealed and the following is
substituted in lieu thereof:
Each child day care center and group day care
home, as defined in section 19a-77, AS AMENDED BY
SECTION 32 OF THIS ACT, that is funded by the
state pursuant to section 8-210, AS AMENDED BY
SECTION 20 OF THIS ACT, 17b-737, 17b-740, AS
AMENDED BY SECTION 27 OF THIS ACT, 17b-741 or
17b-752 shall: [provide] (1) PROVIDE for parents'
participation in setting goals for and evaluating
the progress of their children; (2) ASSIST PARENTS
WITH THEIR RESPONSIBILITY OF EDUCATING THEIR
CHILDREN; (3) ASSIST PARENTS IN WORKING WITH CHILD
DAY CARE PROGRAMS, COMMUNICATING WITH TEACHERS AND
OTHER CHILD DAY CARE PROGRAM PERSONNEL, AND
PARTICIPATING IN DECISIONS RELATING TO THE
EDUCATION OF THEIR CHILDREN; (4) ASSIST STAFF WITH
THEIR RESPONSIBILITY OF WORKING WITH THE CHILD'S
PARENTS TO PROMOTE PARENT-EDUCATION PARTNERSHIPS;
AND (5) TAKE OTHER ACTIONS, WHEN APPROPRIATE, TO
SUPPORT THE ACTIVE INVOLVEMENT OF PARENTS WITH
CHILD DAY CARE PROGRAMS, SCHOOL PERSONNEL AND WITH
THE TRANSITION TO SCHOOL RELATED ORGANIZATIONS.
Sec. 35. Subsection (a) of section 19a-87a of
the general statutes is repealed and the following
is substituted in lieu thereof:
(a) The Commissioner of Public Health shall
have the discretion to refuse to license under
sections 19a-77 to 19a-80, inclusive, AS AMENDED
BY THIS ACT, and 19a-82 to 19a-87, inclusive, a
person to conduct, operate or maintain a day care
center or a group day care home, as defined in
section 19a-77, AS AMENDED BY SECTION 32 OF THIS
ACT, or to suspend or revoke the license or take
any other action set forth in regulation that may
be adopted pursuant to section 19a-79 if, the
person who owns, conducts, maintains or operates
such center or home or a person employed therein
in a position connected with the provision of care
to a child receiving child day care services, has
been convicted IN THIS STATE OR ANY OTHER STATE of
a felony as defined in section 53a-25 INVOLVING
THE USE, ATTEMPTED USE OR THREATENED USE OF
PHYSICAL FORCE AGAINST ANOTHER PERSON, OF cruelty
to persons under section 53-20, injury or risk of
injury to or impairing morals of children under
section 53-21, abandonment of children under the
age of six years under section 53-23, [sexual
contact in the fourth degree under section
53a-73a] OR ANY FELONY WHERE THE VICTIM OF THE
FELONY IS A CHILD UNDER EIGHTEEN YEARS OF AGE, OR
OF A VIOLATION OF SECTION 53a-70, 53a-70a,
53a-70b, 53a-71, 53a-72a, 53a-72b OR 53a-73a, or
has a criminal record IN THIS STATE OR ANY OTHER
STATE that the commissioner reasonably believes
renders the person unsuitable to own, conduct,
operate or maintain or be employed by a child day
care center or group day care home. However, no
refusal of a license shall be rendered except in
accordance with the provisions of sections 46a-79
to 46a-81, inclusive.
Sec. 36. Section 19a-87b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, group of persons, association,
organization, corporation, institution or agency,
public or private, shall maintain a family day
care home, as defined in section 19a-77, AS
AMENDED BY SECTION 32 OF THIS ACT, without a
license issued by the Commissioner of Public
Health. Licensure forms shall be obtained from the
Department of Public Health. Applications for
licensure shall be made to the Commissioner of
Public Health on forms provided by the department
and shall contain the information required by
regulations adopted under this section. The
licensure and application forms shall contain a
notice that false statements made therein are
punishable in accordance with section 53a-157b.
Applicants shall state, in writing, that they are
in compliance with the regulations adopted by the
Commissioner of Public Health pursuant to
subsection (b) of this section. Before a family
day care home license is granted, the department
shall make an inquiry and investigation which
shall include a visit and inspection of the
premises for which the license is requested. Any
inspection conducted by the department shall
include an inspection for evident sources of lead
poisoning. The department shall provide for a
chemical analysis of any paint chips found on such
premises. The commissioner shall not require an
annual inspection for homes seeking license
renewal or for licensed homes except that the
commissioner shall make unannounced visits, during
customary business hours, to at least thirty-three
and one-third per cent of the licensed family day
care homes each year. A licensed family day care
home shall not be subject to any conditions on the
operation of such home by local officials, other
than those imposed by the department pursuant to
this subsection, if the home complies with all
local codes and ordinances applicable to single
and multifamily dwellings.
(b) ON AND AFTER OCTOBER 1, 1997, THE
COMMISSIONER OF PUBLIC HEALTH, WITHIN AVAILABLE
APPROPRIATIONS, SHALL REQUEST A CRIMINAL RECORDS
CHECK OF EACH INITIAL APPLICANT OR PROSPECTIVE
EMPLOYEE OF A FAMILY DAY CARE HOME IN A POSITION
REQUIRING THE PROVISION OF CARE TO A CHILD. SUCH
CRIMINAL RECORDS CHECK SHALL BE REQUIRED FROM THE
STATE POLICE BUREAU OF IDENTIFICATION AND THE
FEDERAL BUREAU OF INVESTIGATION. THE COMMISSIONER
SHALL ALSO REQUEST A CHECK OF THE STATE CHILD
ABUSE REGISTRY ESTABLISHED PURSUANT TO SECTION
17a-101k. A FEE SHALL BE CHARGED BY THE
COMMISSIONER FOR EACH SUCH NATIONAL CRIMINAL
HISTORY RECORDS CHECK WHICH SHALL BE EQUAL TO THE
FEE CHARGED BY THE FEDERAL BUREAU OF INVESTIGATION
FOR PERFORMING SUCH CHECK. THE DEPARTMENT OF
PUBLIC HEALTH SHALL REIMBURSE THE DEPARTMENT OF
PUBLIC SAFETY FOR THE ACTUAL COST FOR A NATIONAL
CRIMINAL HISTORY RECORDS CHECK. NOT MORE THAN
THREE MONTHS AFTER THE EFFECTIVE DATE OF THIS ACT,
THE COMMISSIONER SHALL NOTIFY EACH LICENSEE OF THE
PROVISIONS OF THIS SUBSECTION.
[(b)] (c) The Commissioner of Public Health
shall adopt regulations, in accordance with the
provisions of chapter 54, to assure that family
day care homes, as defined in section 19a-77, AS
AMENDED BY SECTION 32 OF THIS ACT, shall meet the
health, educational and social needs of children
utilizing such homes. Such regulations shall
ensure that the family day care home is treated as
a residence, and not an institutional facility.
Such regulations shall specify that each child be
protected as age-appropriate by adequate
immunization against diphtheria, pertussis,
tetanus, poliomyelitis, measles, mumps, rubella,
hemophilus influenzae type B and any other vaccine
required by the schedule of active immunization
adopted pursuant to section 19a-7f. Such
regulations shall provide appropriate exemptions
for children for whom such immunization is
medically contraindicated and for children whose
parents object to such immunization on religious
grounds. Such regulations shall also specify
conditions under which family day care home
providers may administer medicinal preparations,
including controlled drugs specified in the
regulations by the commissioner, to a child
receiving day care services at a family day care
home pursuant to a written order of a physician
licensed to practice medicine in this or another
state, an advanced practice registered nurse
licensed to prescribe in accordance with section
20-94a or a physician assistant licensed to
prescribe in accordance with section 20-12d, and
the written authorization of a parent or guardian
of such child. Such regulations shall specify
appropriate standards for extended care and
intermittent short-term overnight care.
[(c)] (d) Applications for initial licensure
under this section shall be accompanied by a fee
of ten dollars and such licenses shall be issued
for a term of one year, except that, on and after
December 31, 1995, such applications shall be
accompanied by a fee of twenty dollars and such
licenses shall be issued for a term of two years.
Applications for renewal of licenses granted under
this section shall be accompanied by a fee of ten
dollars and such licenses shall be renewed for a
term of one year, except that, for licenses
expiring on and after December 31, 1995,
applications for renewal shall be accompanied by a
fee of twenty dollars and such licenses shall be
renewed for a term of two years. No such license
shall be renewed unless the licensee certifies
that the children enrolled in the family day care
home have received age-appropriate immunization in
accordance with regulations adopted pursuant to
subsection (b) of this section.
Sec. 37. Section 19a-87e of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) The Commissioner of Public Health shall
have the discretion to refuse to license under
section 19a-87b, AS AMENDED BY SECTION 36 OF THIS
ACT, a person to own, conduct, operate or maintain
a family day care home, as defined in section
19a-77, AS AMENDED BY SECTION 32 OF THIS ACT, or
to suspend or revoke the license or take any other
action that may be set forth in regulation that
may be adopted pursuant to section 19a-79 if the
person who owns, conducts, maintains or operates
the home, or a person employed therein in a
position connected with the provision of care to a
child receiving child day care services, has been
convicted, IN THIS STATE OR ANY OTHER STATE of a
felony as defined in section 53a-25 INVOLVING THE
USE, ATTEMPTED USE OR THREATENED USE OF PHYSICAL
FORCE AGAINST ANOTHER PERSON, or has a criminal
record IN THIS STATE OR ANY OTHER STATE that the
commissioner reasonably believes renders the
person unsuitable to own, conduct, operate or
maintain or be employed by a family day care home,
or if such persons or a person residing in the
household has been convicted IN THIS STATE OR ANY
OTHER STATE of cruelty to persons under section
53-20, injury or risk of injury to or impairing
morals of children under section 53-21,
abandonment of children under the age of six years
under section 53-23, [sexual assault in the fourth
degree under section 53a-73a,] OR ANY FELONY WHERE
THE VICTIM OF THE FELONY IS A CHILD UNDER EIGHTEEN
YEARS OF AGE, A VIOLATION OF SECTION 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b OR
53a-73a, illegal manufacture, distribution, sale,
prescription, dispensing or administration under
section 21a-277 or 21a-278, or illegal possession
under section 21a-279, or if such person, or a
person employed therein in a position connected
with the provision of care to a child receiving
child day care services, either fails to
substantially comply with the regulations adopted
pursuant to section 19a-87b, AS AMENDED BY SECTION
36 OF THIS ACT, or conducts, operates or maintains
the home in a manner which endangers the health,
safety and welfare of the children receiving child
day care services. However, no refusal of a
license shall be rendered except in accordance
with the provisions of sections 46a-79 to 46a-81,
inclusive. Any person whose license has been
revoked pursuant to this section shall be
ineligible to apply for a license for a period of
one year from the effective date of revocation.
(b) When the Commissioner of Public Health
intends to refuse a license or to suspend or
revoke a license or take any other action against
a license set forth in regulation adopted pursuant
to section 19a-79, he shall notify the license
applicant or license holder in writing of his
intended action. The license applicant or license
holder may, if aggrieved by such intended action,
make application for a hearing in writing over his
signature to the commissioner. The aggrieved
person shall state in the application in plain
language the reasons why he claims to be
aggrieved. The application shall be delivered to
the Commissioner of Public Health within thirty
days of the aggrieved person's receipt of
notification of the intended action. The
commissioner shall thereupon hold a hearing within
sixty days from receipt thereof and shall, at
least ten days prior to the date of such hearing,
mail a notice, giving the time and place thereof,
to such aggrieved person.
(c) Any person who is licensed to conduct,
operate or maintain a family day care home shall
notify the commissioner of any conviction of the
owner, conductor, operator or maintainer of the
family day care home or of any person residing in
the household or any person employed therein in a
position connected with the provision of care to a
child receiving child day care services, of a
crime which affects the commissioner's discretion
under subsection (a) of this section, immediately
upon obtaining knowledge of such conviction.
Failure to comply with the notification
requirement may result in the suspension or
revocation of the license or take any other action
against a license set forth in regulation adopted
pursuant to section 19a-79 and shall subject the
licensee to a civil penalty of not more than one
hundred dollars per day for each day after the
person obtained knowledge of the conviction.
(d) It shall be a class A misdemeanor for any
person seeking employment in a position connected
with the provision of care to a child receiving
family day care home services to make a false
written statement regarding prior criminal
convictions pursuant to a form bearing notice to
the effect that such false statements are
punishable, which statement he does not believe to
be true and is intended to mislead the prospective
employer.
(e) Any person having reasonable cause to
believe that a family day care home, as defined in
section 19a-77, AS AMENDED BY SECTION 32 OF THIS
ACT, is operating without a current and valid
license or in violation of the regulations adopted
under section 19a-87b, AS AMENDED BY SECTION 36 OF
THIS ACT, or in a manner which may pose a
potential danger to the health, welfare and safety
of a child receiving child day care services, may
report such information to any office of the
Department of Public Health. The department shall
investigate any report or complaint received
pursuant to this subsection. The name of the
person making the report or complaint shall not be
disclosed unless (1) such person consents to such
disclosure, (2) a judicial or administrative
proceeding results therefrom or (3) a license
action pursuant to subsection (a) of this section
results therefrom. All records obtained by the
department in connection with any such
investigation shall not be subject to the
provisions of section 1-19 for a period of thirty
days from the date of the petition or other event
initiating such investigation, or until such time
as the investigation is terminated pursuant to a
withdrawal or other informal disposition or until
a hearing is convened pursuant to chapter 54,
whichever is earlier. A formal statement of
charges issued by the department shall be subject
to the provisions of section 1-19 from the time
that it is served or mailed to the respondent.
Records which are otherwise public records shall
not be deemed confidential merely because they
have been obtained in connection with an
investigation under this section.
Sec. 38. (NEW) (a) On and after January 1,
1998, the Commissioner of Social Services shall,
within available appropriations, request a
criminal records check for any person, other than
a relative, providing child care services to a
child in the child's home who receives a child
care subsidy from the Department of Social
Services. Such criminal records check shall be
requested from the State Police Bureau of
Identification and the Federal Bureau of
Investigation. The commissioner shall also request
a check of the state child abuse registry
established pursuant to section 17a-101k of the
general statutes. A fee shall be charged by the
commissioner for each such national criminal
history records check which shall be equal to the
fee charged by the Federal Bureau of Investigation
for performing such check. The Department of
Social Services shall reimburse the Department of
Public Safety for the actual cost for a national
criminal history records check.
(b) The Commissioner of Social Services shall
have the discretion to refuse payments for child
care under any financial assistance program
administered by him if the person providing such
child care has been convicted in this state or any
other state of a felony, as defined in section
53a-25 of the general statutes, involving the use,
attempted use or threatened use of physical force
against another person, of cruelty to persons
under section 53-20, injury or risk of injury to
or impairing morals of children under section
53-21, abandonment of children under the age of
six years under section 53-23 or any felony where
the victim of the felony is a child under eighteen
years of age, or of a violation of section 53a-70,
53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or
53a-73a of the general statutes, or has a criminal
record or was the subject of a substantiated
report of child abuse in this state or any other
state that the commissioner reasonably believes
renders the person unsuitable to provide child
care.
Sec. 39. Notwithstanding the provisions of
section 4 of this act, the mayor of the City of
Hartford, the superintendent of schools and the
Hartford Foundation for Public Giving shall
jointly convene and appoint a local school
readiness council composed of: (1) The mayor, or
his designee, and one additional person appointed
by the mayor; (2) the superintendent of schools,
or a management level staff person as her
designee, and one additional person appointed by
the superintendent; and (3) a representative of
the Hartford Foundation for Public Giving and
representatives of the following groups appointed
by the representative from the Hartford Foundation
for Public Giving: (A) Municipal leaders and
employees such as community social workers, public
health officials and children's librarians; (B)
parents; (C) representatives of local programs,
such as prekindergarten programs, nursery schools,
Head Start programs, family resource centers,
nonprofit and for-profit child care centers, group
day care homes, family day care home providers,
family resource centers and early intervention
programs; (D) organizations that train or accredit
child care providers; and (E) higher education
institutions and hospitals in the area and local
community organizations, business organizations
and foundations. The local school readiness
council shall be cochaired by the representative
of the Hartford Foundation for Public Giving and
by a member elected at large by the council.
Hartford's school readiness plan shall be
submitted by the mayor and the superintendent of
schools and approved by the local school readiness
council and the board of the Hartford Foundation
for Public Giving which shall act as the fiscal
agent for the council. As fiscal agent, the
Hartford Foundation for Public Giving shall
approve all related expenditures it deems
consistent with the approved plan. The local
school readiness council established pursuant to
this section shall terminate on June 30, 2001, and
a new school readiness council shall be convened
in accordance with the provisions of section 4 of
this act.
Sec. 40. Section 17b-749b of the general
statutes is repealed.
Sec. 41. This act shall take effect July 1,
1997, except sections 24 and 27 shall be
applicable to income years commencing on or after
January 1, 1998.
Approved June 26, 1997