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General Assembly Raised Bill No. 7006 January Session, 2017 LCO No. 3471
Referred to Committee on HUMAN SERVICES
Introduced by: (HS)
AN ACT RESTORING OVERSIGHT OF THE CARE 4 KIDS PROGRAM TO THE DEPARTMENT OF SOCIAL SERVICES AND ALLOWING FOR THE TRANSFER OF FEDERAL BLOCK GRANT FUNDS TO THE PROGRAM.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. Section 17b-2 of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective July 1, 2017): 2
The Department of Social Services is designated as the state agency 3
for the administration of (1) the Connecticut energy assistance 4
program pursuant to the Low Income Home Energy Assistance Act of 5
1981; (2) the state plan for vocational rehabilitation services for the 6
fiscal year ending June 30, 1994; (3) the refugee assistance program 7
pursuant to the Refugee Act of 1980; (4) the legalization impact 8
assistance grant program pursuant to the Immigration Reform and 9
Control Act of 1986; (5) the temporary assistance for needy families 10
program pursuant to the Personal Responsibility and Work 11
Opportunity Reconciliation Act of 1996; (6) the Medicaid program 12
pursuant to Title XIX of the Social Security Act; (7) the supplemental 13
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nutrition assistance program pursuant to the Food and Nutrition Act 14
of 2008; (8) the state supplement to the Supplemental Security Income 15
Program pursuant to the Social Security Act; (9) the state child support 16
enforcement plan pursuant to Title IV-D of the Social Security Act; (10) 17
the state social services plan for the implementation of the social 18
services block grants and community services block grants pursuant to 19
the Social Security Act; [and] (11) services for persons with autism 20
spectrum disorder in accordance with sections 17a-215 and 17a-215c; 21
and (12) the child care development block grant pursuant to the Child 22
Care and Development Block Grant of 1990. 23
Sec. 2. Section 17b-7a of the general statutes is repealed and the 24
following is substituted in lieu thereof (Effective July 1, 2017): 25
The Commissioner of Social Services shall develop a state-wide 26
fraud early detection system. The purpose of such system shall be to 27
identify, investigate and determine if an application for assistance 28
under (1) programs administered by the department, including, but 29
not limited to, (A) the temporary family assistance program, (B) the 30
supplemental nutrition assistance program, (C) the child care subsidy 31
program, or (D) the Medicaid program pursuant to Title XIX of the 32
Social Security Act, and (2) the child care subsidy program 33
administered by the [Office of Early Childhood] Department of Social 34
Services, pursuant to section 17b-749, as amended by this act, is 35
fraudulent prior to granting assistance. [The Commissioner of Social 36
Services shall consult with the Commissioner of Early Childhood 37
regarding the development of such state-wide fraud early detection 38
system for such child care subsidy program.] The Commissioner of 39
Social Services shall adopt regulations, in accordance with chapter 54, 40
for the purpose of developing and implementing said system. The 41
Commissioner of Social Services shall submit quarterly reports 42
concerning savings realized through the implementation of the state-43
wide fraud early detection system to the joint standing committees of 44
the General Assembly having cognizance of matters relating to human 45
services and appropriations and the budgets of state agencies. 46
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Sec. 3. Section 17b-12 of the general statutes is repealed and the 47
following is substituted in lieu thereof (Effective July 1, 2017): 48
The Commissioner of [Early Childhood] Social Services may accept 49
and receive, on behalf of the [Office of Early Childhood] Department 50
of Social Services, any bequest or gift of personal property for services 51
for a person who is, or members of whose immediate family are, 52
receiving assistance or services from the [office] department or for 53
services for a former or potential recipient of assistance from the 54
[Department of Social Services or a potential recipient of assistance 55
from the office] department. Any federal funds generated by virtue of 56
any such bequest or gift may be used for the extension of services to 57
such person or family members. 58
Sec. 4. Subsections (c) to (e), inclusive, of section 17b-705a of the 59
general statutes are repealed and the following is substituted in lieu 60
thereof (Effective July 1, 2017): 61
(c) On or after July 1, [2014] 2017, and monthly thereafter, the 62
Commissioner of [Early Childhood] Social Services shall compile a list 63
of the names of family child care providers who have participated in 64
the child care subsidy program established pursuant to section 17b-65
749, as amended by this act, within the previous six calendar months. 66
Such list shall be considered a public record, as defined in section 1-67
200. 68
(d) For purposes of sections 4-65a and 5-270 and subsection (a) of 69
section 5-278, the [Office of Early Childhood] Department of Social 70
Services shall be considered an executive branch employer and an 71
organization representing family child care providers that has been 72
designated by the State Board of Labor Relations, pursuant to section 73
5-275 or subsection (g) of this section, as the exclusive bargaining agent 74
of such providers, shall have the right to bargain concerning the terms 75
and conditions of participation of family child care providers in the 76
program covered by this section, including, but not limited to, (1) state 77
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reimbursement rates, (2) benefits, (3) payment procedures, (4) contract 78
grievance arbitration, and (5) training, professional development and 79
other requirements and opportunities appropriate for family child care 80
providers. 81
(e) (1) If the organization representing family child care providers 82
and the [Office of Early Childhood] Department of Social Services do 83
not reach an agreement not later than one hundred fifty days after 84
negotiations have begun, the parties shall jointly select an arbitrator. 85
The arbitrator selected shall have experience as an impartial arbitrator 86
of labor-management disputes, and shall not be an individual 87
employed as an advocate or consultant for labor or management in 88
labor-management disputes. If the parties fail to agree on an arbitrator 89
not later than one hundred sixty days after negotiations have begun, 90
the selection of the arbitrator shall be made using the procedures 91
under the voluntary labor arbitration rules of the American Arbitration 92
Association. 93
(2) Each party shall submit to the arbitrator, and to each other, a 94
proposal setting forth such party's position on how each of the 95
unresolved issues shall be resolved. 96
(3) The arbitrator shall convene a hearing to allow the parties to 97
provide evidence and argument to the arbitrator. The parties shall 98
have the right to submit written briefs to the arbitrator. The arbitration 99
record shall be officially closed at the close of the hearing, or the 100
arbitrator's receipt of briefs, whichever is later. 101
(4) The arbitrator's authority is limited to selecting the complete 102
proposal of one party or the other on any unresolved issue. The 103
arbitrator shall issue an award not later than forty-five days after the 104
close of the record. 105
(5) The factors to be considered by the arbitrator in arriving at a 106
decision are: (A) The nature and needs of the family child care 107
program and the needs and welfare of parents and children served by 108
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that program, including interests in better recruitment, retention and 109
quality with respect to the covered family child care provider; (B) the 110
history of negotiations between the parties including those leading to 111
the instant proceeding; (C) the existing conditions of employment of 112
similar groups of workers; (D) changes in the cost of living; and (E) the 113
interests and welfare of the covered family child care providers. 114
(6) The costs of the arbitrator and any fees associated with the 115
arbitration proceeding shall be shared equally by the parties. 116
(7) Any agreement or award reached pursuant to this section shall 117
be submitted to the General Assembly for approval by filing the 118
agreement or award with the clerks of the House and Senate. No 119
provision of any agreement or award resulting from the collective 120
bargaining process which would require supercedence of any law or 121
regulation shall take effect without affirmative legislative approval. 122
(8) Notwithstanding any other provision of this section, any 123
provision in any agreement or award which would require an 124
additional appropriation in order to maintain the levels of services 125
provided by existing appropriations shall be presented to the General 126
Assembly for approval in accordance with the budgetary process 127
applicable to appropriations, including, but not limited to, affirmative 128
legislative approval. Other provisions of the agreement or award shall 129
be deemed approved unless affirmatively rejected by a majority of 130
either house not later than thirty days after the filing with the clerk of 131
that chamber, provided the thirty-day period shall not begin or expire 132
unless the General Assembly is in regular session. Once approved by 133
the General Assembly, any provision of an agreement or award need 134
not be resubmitted by the parties to such agreement or award as part 135
of a future agreement approval process unless changes in the language 136
of such provision are negotiated by the parties. 137
Sec. 5. Section 17b-730 of the general statutes is repealed and the 138
following is substituted in lieu thereof (Effective July 1, 2017): 139
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(a) The Commissioner of [Early Childhood] Social Services is 140
authorized to take advantage of any federal statutes and regulations 141
relating to child care services, as described in section 19a-77, and shall 142
have the power to administer any federally assisted child care program 143
in the event that such federal statutes or regulations require that such 144
federally assisted program be administered by a single state agency. 145
(b) The Commissioner of [Early Childhood] Social Services is 146
authorized to take advantage of Title V of Public Law 88-452, entitled 147
"Economic Opportunity Act of 1964", with respect to providing work 148
training, aid and assistance to persons eligible for state-administered 149
general assistance or public assistance, and to administer the same in 150
such manner as is required for the receipt of federal funds therefor. 151
Sec. 6. Section 17b-733 of the general statutes is repealed and the 152
following is substituted in lieu thereof (Effective July 1, 2017): 153
The [Office of Early Childhood] Department of Social Services shall 154
be the lead agency for child care services, as described in section 19a-155
77, in Connecticut. The [office] department shall: (1) Identify, annually, 156
existing child care services and maintain an inventory of all available 157
services; (2) provide technical assistance to corporations and private 158
agencies in the development and expansion of child care services for 159
families at all income levels, including families of their employees and 160
clients; (3) study and identify funding sources available for child care 161
services including federal funds and tax benefits; (4) study the cost and 162
availability of liability insurance for providers of child care services; (5) 163
encourage providers of child care services to obtain accreditation; (6) 164
develop a range of financing options for child care services, including 165
the use of a tax-exempt bond program, a loan guarantee program and 166
the establishment of a direct revolving loan program; (7) promote the 167
colocation of child care services and school readiness programs 168
pursuant to section 4b-31; (8) establish a performance-based evaluation 169
system; (9) develop for recommendation to the Governor and the 170
General Assembly measures to provide incentives for the private 171
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sector to develop and support expanded child care services; (10) 172
provide, within available funds and in conjunction with the temporary 173
family assistance program, as [defined in section 17b-680] described in 174
section 17b-112, and administered by the [Department of Social 175
Services] department, child care services to public assistance 176
recipients; (11) develop and implement, with the assistance of the Early 177
Childhood Cabinet, established pursuant to section 10-16z, a 178
coordinated and comprehensive state-wide early childhood care and 179
education system of professional development for providers and staff 180
of early childhood care and education programs, including child care 181
centers, group child care homes and family child care homes that 182
provide child care services, that makes available to such providers and 183
their staff, within available appropriations, scholarship assistance, 184
career counseling and training and advancement in career ladders, as 185
defined in section 4-124bb; (12) plan and implement a unit cost 186
reimbursement system for state-funded child care services such that, 187
on and after January 1, 2008, any increase in reimbursement shall be 188
based on a requirement that such centers meet the staff qualifications, 189
as defined in subsection (b) of section 10-16p; (13) develop, within 190
available funds, initiatives to increase compensation paid to providers 191
of child care services for educational opportunities, including, but not 192
limited to, (A) incentives for educational advancement paid to persons 193
employed by child care centers receiving state or federal funds, and (B) 194
support for the establishment and implementation by the Labor 195
Commissioner of apprenticeship programs for child care center 196
workers pursuant to sections 31-22m to 31-22q, inclusive, which 197
programs shall be jointly administered by labor and management 198
trustees; (14) evaluate the effectiveness of any initiatives developed 199
pursuant to subdivision (13) of this section in improving staff retention 200
rates and the quality of education and care provided to children; and 201
(15) report annually to the Governor and the General Assembly, in 202
accordance with the provisions of section 11-4a, on the status of child 203
care services in Connecticut. Such report shall include (A) an 204
itemization of the allocation of state and federal funds for programs 205
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providing child care services; (B) the number of children served under 206
each program so funded; (C) the number and type of such programs, 207
providers and support personnel; (D) state activities to encourage 208
partnership between the public and private sectors; (E) average 209
payments issued by the state for both part-time and full-time child 210
care; (F) the range of family income and percentages served within 211
each range by such programs; and (G) the age range of children 212
served. 213
Sec. 7. Section 17b-738 of the general statutes is repealed and the 214
following is substituted in lieu thereof (Effective July 1, 2017): 215
The Commissioner of [Early Childhood] Social Services shall 216
establish and administer a program of loans to business firms, as 217
defined in subsection (a) of section 12-631, for the purpose of planning, 218
site preparation, construction, renovation or acquisition of facilities, 219
within the state, for use as licensed child care centers, family child care 220
homes or group child care homes to be used primarily by the children 221
of employees of such corporations and children of employees of the 222
municipalities in which such facilities are located. Such loans shall be 223
made in accordance with the terms and conditions as provided in 224
regulations adopted by the commissioner, in accordance with chapter 225
54, shall be made for a period not to exceed five years and shall bear 226
interest at a rate to be determined in accordance with subsection (t) of 227
section 3-20. 228
Sec. 8. Section 17b-749 of the general statutes is repealed and the 229
following is substituted in lieu thereof (Effective July 1, 2017): 230
(a) The Commissioner of [Early Childhood] Social Services shall 231
establish and operate a child care subsidy program to increase the 232
availability, affordability and quality of child care services for families 233
with a parent or caretaker who (1) is working or attending high school, 234
or (2) receives cash assistance under the temporary family assistance 235
program from the Department of Social Services and is participating in 236
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an education, training or other job preparation activity approved 237
pursuant to subsection (b) of section 17b-688i or subsection (b) of 238
section 17b-689d. Services available under the child care subsidy 239
program shall include the provision of child care subsidies for children 240
under the age of thirteen or children under the age of nineteen with 241
special needs. The [Office of Early Childhood] Department of Social 242
Services shall open and maintain enrollment for the child care subsidy 243
program and shall administer such program within [the existing 244
budgetary resources] available appropriations. The [office] department 245
shall issue a notice on the [office's] department's Internet web site any 246
time the [office] department closes the program to new applications, 247
changes eligibility requirements, changes program benefits or makes 248
any other change to the program's status or terms, except the [office] 249
department shall not be required to issue such notice when the [office] 250
department expands program eligibility. Any change in the [office's] 251
department's acceptance of new applications, eligibility requirements, 252
program benefits or any other change to the program's status or terms 253
for which the [office] department is required to give notice pursuant to 254
this subsection, shall not be effective until thirty days after the [office] 255
department issues such notice. 256
(b) The [commissioner] Commissioner of Social Services shall 257
establish income standards for applicants and recipients at a level to 258
include a family with gross income up to fifty per cent of the state-259
wide median income, except the commissioner (1) may increase the 260
income level to up to seventy-five per cent of the state-wide median 261
income, (2) upon the request of the Commissioner of Children and 262
Families, may waive the income standards for adoptive families so that 263
children adopted on or after October 1, 1999, from the Department of 264
Children and Families are eligible for the child care subsidy program, 265
and (3) on and after March 1, 2003, shall reduce the income eligibility 266
level to up to fifty-five per cent of the state-wide median income for 267
applicants and recipients who qualify based on their loss of eligibility 268
for temporary family assistance. The [commissioner] Commissioner of 269
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Social Services may adopt regulations in accordance with chapter 54 to 270
establish income criteria and durational requirements for such waiver 271
of income standards. 272
(c) The [commissioner, in consultation with the] Commissioner of 273
Social Services [,] shall establish eligibility and program standards 274
including, but not limited to: (1) A priority intake and eligibility 275
system with preference given to serving (A) recipients of temporary 276
family assistance who are employed or engaged in employment 277
activities under the Department of Social Services' "Jobs First" 278
program, (B) working families whose temporary family assistance was 279
discontinued not more than five years prior to the date of application 280
for the child care subsidy program, (C) teen parents, (D) low-income 281
working families, (E) adoptive families of children who were adopted 282
from the Department of Children and Families and who are granted a 283
waiver of income standards under subdivision (2) of subsection (b) of 284
this section, (F) working families who are at risk of welfare 285
dependency, and (G) any household with a child or children 286
participating in the Early Head Start-Child Care Partnership federal 287
grant program for a period of up to twelve months based on Early 288
Head Start eligibility criteria; (2) health and safety standards for child 289
care providers not required to be licensed; (3) a reimbursement system 290
for child care services which account for differences in the age of the 291
child, number of children in the family, the geographic region and type 292
of care provided by licensed and unlicensed caregivers, the cost and 293
type of services provided by licensed and unlicensed caregivers, 294
successful completion of fifteen hours of annual in-service training or 295
credentialing of child care directors and administrators, and program 296
accreditation; (4) supplemental payment for special needs of the child 297
and extended nontraditional hours; (5) an annual rate review process 298
for providers which assures that reimbursement rates are maintained 299
at levels which permit equal access to a variety of child care settings; 300
(6) a sliding reimbursement scale for participating families; (7) an 301
administrative appeals process; (8) an administrative hearing process 302
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to adjudicate cases of alleged fraud and abuse and to impose sanctions 303
and recover overpayments; (9) an extended period of program and 304
payment eligibility when a parent who is receiving a child care 305
subsidy experiences a temporary interruption in employment or other 306
approved activity; and (10) a waiting list for the child care subsidy 307
program that reflects the priority and eligibility system set forth in 308
subdivision (1) of this subsection. [, which is reviewed periodically, 309
with the inclusion of this information] Information on the waiting list 310
shall be included in the annual report required to be issued [annually] 311
by the [office] department to the Governor and the General Assembly 312
in accordance with section 17b-733, as amended by this act. Such 313
[action] information will include, but not be limited to, family income, 314
age of child, region of state and length of time on such waiting list. 315
(d) Not later than July 1, 2015, an applicant determined to be eligible 316
for program benefits by the Commissioner of [Early Childhood] Social 317
Services shall remain eligible for such benefits for a period prescribed 318
by federal law. 319
(e) Within available appropriations, a recipient of program benefits 320
who takes unpaid leave from such recipient's employment due to the 321
birth or impending birth of a child shall be granted not more than six 322
weeks of payment eligibility during the leave if: (1) The recipient 323
intends to return to work at the end of the unpaid leave; (2) the 324
recipient verifies that eligibility is needed to prevent the loss of a slot 325
in a school-based program or licensed child care setting; and (3) the 326
child receiving child care services under the program continues to 327
attend the program during the recipient's leave. 328
(f) A provider under the child care subsidy program that qualifies 329
for eligibility and subsequently receives payment for child care 330
services for recipients under this section shall be reimbursed for such 331
services until informed by the [office] Department of Social Services of 332
the recipient's ineligibility. 333
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(g) All licensed child care providers and those providers exempt 334
from licensing shall provide the [office] Department of Social Services 335
with the following information in order to maintain eligibility for 336
reimbursement: (1) The name, address, appropriate identification, 337
Social Security number and telephone number of the provider and all 338
adults who work for or reside at the location where care is provided; 339
(2) the name and address of the child's doctor, primary care provider 340
and health insurance company; (3) whether the child is immunized 341
and has had health screens pursuant to the federal Early and Periodic 342
Screening, Diagnostic and Treatment Services Program under 42 USC 343
1396d; and (4) the number of children cared for by the provider. 344
(h) [On or after July 1, 2014, the commissioner] The Commissioner 345
of Social Services shall adopt regulations, in accordance with the 346
provisions of chapter 54, to implement the provisions of this section. 347
(i) The [commissioner] Commissioner of Social Services shall submit 348
to the joint standing committees of the General Assembly having 349
cognizance of matters relating to human services and appropriations 350
and the budgets of state agencies a copy of the Child Care and 351
Development Fund Plan that the commissioner submits to the 352
Administration for Children and Families pursuant to federal law. The 353
copy of the plan shall be submitted to the committees not later than 354
thirty days after submission of the plan to the Administration for 355
Children and Families. 356
Sec. 9. Section 17b-749d of the general statutes is repealed and the 357
following is substituted in lieu thereof (Effective July 1, 2017): 358
Each licensed child care center receiving funding directly from the 359
[Office of Early Childhood] Department of Social Services shall adopt a 360
sliding fee scale based on family income. The Commissioner of [Early 361
Childhood] Social Services shall develop a minimum sliding fee scale 362
which may be adjusted upward by each such licensed child care 363
center. All income derived from such fees shall be used to support the 364
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licensed child care center. 365
Sec. 10. Section 17b-749e of the general statutes is repealed and the 366
following is substituted in lieu thereof (Effective July 1, 2017): 367
The [Office of Early Childhood] Department of Social Services shall 368
establish and fund five regional accreditation projects, within available 369
appropriations. The [office] department shall select qualified 370
applicants for each region through a request for proposal process. The 371
[office] department shall give priority to child day care facilities where 372
at least twenty per cent of the children live with families earning less 373
than seventy-five per cent of the state median income level. 374
Sec. 11. Subsection (a) of section 17b-749f of the general statutes is 375
repealed and the following is substituted in lieu thereof (Effective July 376
1, 2017): 377
(a) The Commissioner of [Early Childhood] Social Services shall 378
develop and implement a performance-based evaluation system to 379
evaluate licensed child care centers, within available appropriations. 380
Such a performance-based evaluation system shall be similar to the 381
Head Start Performance Standards in 45 CFR 1304. 382
Sec. 12. Subsection (a) of section 17b-749g of the general statutes is 383
repealed and the following is substituted in lieu thereof (Effective July 384
1, 2017): 385
(a) There is established a child care facilities loan guarantee 386
program for the purpose of guaranteeing loans for the expansion or 387
development of child care and child development centers in the state. 388
The program shall contain any moneys required by law to be 389
deposited in the program, including, but not limited to, any moneys 390
appropriated by the state, premiums and fees for guaranteeing loans, 391
and proceeds from the sale, disposition, lease or rental of collateral 392
relating to loan guarantees. Any balance remaining in the program at 393
the end of any fiscal year shall be carried forward in the program for 394
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the fiscal year next succeeding. The program shall be used to guarantee 395
loans pursuant to subsection (b) of this section and to pay reasonable 396
and necessary expenses incurred for administration under this section. 397
The Commissioner of [Early Childhood] Social Services may enter into 398
a contract with a quasi-public agency, banking institution or nonprofit 399
corporation to provide for the administration of the program, provided 400
no loan guarantee shall be made from the program without the 401
authorization of the commissioner as provided in subsection (b) of this 402
section. The total aggregate amount of guarantees from the program, 403
with respect to the insured portions of the loan, may not exceed at any 404
one time an amount equal to three times the balance in the guarantee 405
program. 406
Sec. 13. Section 17b-749j of the general statutes is repealed and the 407
following is substituted in lieu thereof (Effective July 1, 2017): 408
The Commissioner of [Early Childhood] Social Services shall 409
establish health and safety standards, within available appropriations, 410
for the child care subsidy program. The commissioner shall adopt 411
regulations, in accordance with chapter 54, which shall include, but not 412
be limited to, the following: (1) A requirement for the provider or 413
relative to apply for reimbursement from the [Office of Early 414
Childhood] Department of Social Services; (2) a requirement for the 415
provider or relative to provide reasonable confirmation of physical 416
premises safety pursuant to 45 CFR Part 98.41; and (3) minimum 417
health and safety training appropriate to the provider setting and the 418
prevention and control of infectious diseases, including immunization. 419
The commissioner shall, within available appropriations, distribute 420
information on the availability of health and safety training and 421
assistance. 422
Sec. 14. Subsection (a) of section 17b-749k of the general statutes is 423
repealed and the following is substituted in lieu thereof (Effective July 424
1, 2017): 425
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(a) The Commissioner of [Early Childhood] Social Services shall, 426
within available appropriations, require any person, other than a 427
relative, providing child care services to a child in the child's home 428
who receives a child care subsidy from the [Office of Early Childhood] 429
Department of Social Services to submit to state and national criminal 430
history records checks. The criminal history records checks required 431
pursuant to this subsection shall be conducted in accordance with 432
section 29-17a. The commissioner shall also request a check of the state 433
child abuse registry established pursuant to section 17a-101k. 434
Sec. 15. Section 17b-750 of the general statutes is repealed and the 435
following is substituted in lieu thereof (Effective July 1, 2017): 436
No child care subsidy shall be paid to an unlicensed child care 437
provider if such provider has been convicted of any crime involving 438
sexual assault of a minor or serious physical injury to a minor or any 439
crime committed in any other state or jurisdiction the essential 440
elements of which are substantially the same as such crimes. If the 441
Commissioner of [Early Childhood] Social Services has reason to 442
believe that a provider of child care services has been so convicted, the 443
commissioner may demand that such provider be subject to state and 444
national criminal history records checks. If criminal history records 445
checks are required pursuant to this section, such checks shall be 446
conducted in accordance with section 29-17a. 447
Sec. 16. Section 4-87 of the general statutes is repealed and the 448
following is substituted in lieu thereof (Effective from passage): 449
(a) Whenever any specific appropriation of a budgeted agency 450
proves insufficient to pay the expenditures required for the statutory 451
purposes for which such appropriation was made, the Governor may, 452
at the request of the budgeted agency, transfer from any other specific 453
appropriation of such budgeted agency such amount as the Governor 454
deems necessary to meet such expenditures, except that transfers made 455
from appropriations for fringe benefits to the operating funds of any 456
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constituent unit of the state system of higher education may be made 457
only at the close of the fiscal year. No transfer to or from any specific 458
appropriation of a sum or sums of over one hundred seventy-five 459
thousand dollars or ten per cent of any such specific appropriation, 460
whichever is less, shall be made under this section in any one fiscal 461
year without the consent of the Finance Advisory Committee except 462
for transfer made from appropriations for fringe benefits to the 463
operating funds of any constituent unit of the state system of higher 464
education. Notification of all transfers made shall be sent to the joint 465
standing committee of the General Assembly having cognizance of 466
matters relating to appropriations and the budgets of state agencies, 467
through the Office of Fiscal Analysis. 468
(b) Whenever any allocation of the temporary assistance for needy 469
families block grant funding to the child care subsidy program 470
established pursuant to section 17b-749, as amended by this act, proves 471
insufficient to pay the expenditures required for the statutory purposes 472
for which such allocation was made, the Governor may transfer such 473
grant funding from any other budgeted agency's allocation to the child 474
care subsidy program in such amount as the Governor deems 475
necessary to meet such expenditures. No transfer to or from any 476
specific budgeted agency of such grant funding of over one hundred 477
seventy-five thousand dollars or ten per cent of any budgeted agency's 478
allocation of such grant funding, whichever is less, shall be made 479
under this section in any one fiscal year without the consent of the 480
Finance Advisory Committee. Notification of all such transfers made 481
shall be sent to the joint standing committee of the General Assembly 482
having cognizance of matters relating to appropriations and the 483
budgets of state agencies, through the Office of Fiscal Analysis. 484
[(b)] (c) When the work, procedures or organization of any 485
budgeted agency is modified in any respect by reason of statutory 486
changes or management studies, the Secretary of the Office of Policy 487
and Management, may prepare and submit to the Governor his 488
recommendations to increase or decrease the number of appropriation 489
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functions of such budgeted agency and the amounts therefor. The 490
Governor shall have full authority, with the approval of the Finance 491
Advisory Committee, to make such revision and to certify the same to 492
the Secretary of the State and the Comptroller. Appropriation revisions 493
approved by the Governor for any specific agency shall not exceed in 494
total the amount originally appropriated for that agency. 495
[(c)] (d) Whenever any appropriation of a budgeted agency located 496
within the city of Hartford proves insufficient to pay the expenditures 497
required for such agency to relocate outside the city of Hartford, the 498
Governor, at the request of such agency, and with the consent of the 499
Finance Advisory Committee, may transfer to such agency, from 500
appropriations made to the Department of Administrative Services for 501
rents and moving, such amount as the Governor deems necessary to 502
meet such expenditures. Whenever the appropriations made to the 503
Department of Administrative Services prove insufficient to pay the 504
expenditures necessary to relocate a budgeted agency within the city 505
of Hartford, the Governor, at the request of the department and the 506
agency, and with the consent of the Finance Advisory Committee, may 507
transfer to the department from appropriations made to the agency for 508
relocation expenditures, such amount as the Governor deems 509
necessary to meet such expenditures. 510
Sec. 17. Section 10-500 of the general statutes is repealed and the 511
following is substituted in lieu thereof (Effective July 1, 2017): 512
(a) There is established an Office of Early Childhood. The office 513
shall be under the direction of the Commissioner of Early Childhood, 514
whose appointment shall be made by the Governor. Such appointment 515
shall be in accordance with the provisions of sections 4-5 to 4-8, 516
inclusive. The commissioner shall be responsible for implementing the 517
policies and directives of the office. The commissioner shall have the 518
authority to designate any employee as his or her agent to exercise all 519
or part of the authority, powers and duties of the commissioner in his 520
or her absence. Said office shall be within the Department of Education 521
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for administrative purposes only. 522
(b) The office shall be responsible for: 523
(1) The delivery of services to young children and their families to 524
ensure optimal health, safety and learning for each young child; 525
(2) Developing and implementing the early childhood information 526
system, in accordance with the provisions of section 10-501; 527
(3) Developing and reporting on the early childhood accountability 528
plan, in accordance with the provisions of section 10-503; 529
(4) Implementing a communications strategy for outreach to 530
families, service providers and policymakers; 531
(5) Not later than September 1, 2014, beginning a state-wide 532
longitudinal evaluation of the school readiness program examining the 533
educational progress of children from prekindergarten programs to 534
grade four, inclusive; 535
(6) Developing, coordinating and supporting public and private 536
partnerships to aid early childhood initiatives; 537
(7) Developing a state-wide developmentally appropriate 538
kindergarten entrance inventory that measures a child's level of 539
preparedness for kindergarten, but shall not be used as a measurement 540
tool for program accountability; 541
(8) Creating a unified set of reporting requirements for the purpose 542
of collecting the data elements necessary to perform quality 543
assessments and longitudinal analysis; 544
(9) Comparing and analyzing data collected pursuant to reporting 545
requirements created under subdivision (8) of this subsection with the 546
data collected in the state-wide public school information system, 547
pursuant to section 10-10a, for population-level analysis of children 548
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and families; 549
(10) Continually monitoring and evaluating all early care and 550
education and child development programs and services, focusing on 551
program outcomes in satisfying the health, safety, developmental and 552
educational needs of all children, while retaining distinct separation 553
between quality improvement services and licensing services for child 554
care centers, group child care homes and family child care homes; 555
(11) Coordinating home visitation services across programs for 556
young children; 557
(12) Providing information and technical assistance to persons 558
seeking early care and education and child development programs and 559
services; 560
(13) Assisting state agencies and municipalities in obtaining 561
available federal funding for early care and education and child 562
development programs and services; 563
(14) Providing technical assistance to providers of early care and 564
education programs and services to obtain licensing and improve 565
program quality; 566
(15) Establishing a quality rating and improvement system 567
developed by the office that covers home-based, center-based and 568
school-based early child care and learning; 569
(16) Maintaining an accreditation facilitation initiative to assist early 570
childhood care and education program and service providers in 571
achieving national standards and program improvement; 572
(17) Consulting with the Early Childhood Cabinet, established 573
pursuant to section 10-16z, and the Head Start advisory committee, 574
established pursuant to section 10-16n; 575
(18) Ensuring a coordinated and comprehensive state-wide system 576
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of professional development for providers and staff of early care and 577
education and child development programs and services; 578
(19) Providing families with opportunities for choice in services 579
including quality child care and community-based family-centered 580
services; 581
(20) Integrating early childhood care and education and special 582
education services; 583
(21) Promoting universal access to early childhood care and 584
education; 585
(22) Ensuring nonduplication of monitoring and evaluation; 586
(23) Performing any other activities that will assist in the provision 587
of early care and education and child development programs and 588
services; and 589
(24) Developing early learning and development standards to be 590
used by early care and education providers. [; and] 591
[(25) Developing and implementing a performance-based 592
evaluation system to evaluate licensed child care centers, in accordance 593
with the provisions of section 17b-749f.] 594
(c) The Office of Early Childhood may enter into memoranda of 595
agreement with and accept donations from nonprofit and 596
philanthropic organizations to accomplish the purposes of this section. 597
(d) The Office of Early Childhood shall constitute a successor 598
department, in accordance with the provisions of sections 4-38d, 4-38e 599
and 4-39, to (1) the Department of Education with respect to sections 8-600
210, 10-16n, 10-16p to 10-16r, inclusive, 10-16u, 10-16w, 10-16aa, 17b-601
749a [,] and 17b-749c, [and 17b-749g to 17b-749i,] inclusive; (2) [the 602
Department of Social Services (A) with respect to sections 17b-12, as 603
amended by this act, 17b-705a, as amended by this act, 17b-730, as 604
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amended by this act, 17b-733, as amended by this act, 17b-738, as 605
amended by this act, 17b-749, as amended by this act, 17b-749d to 17b-606
749f, inclusive, as amended by this act, 17b-749j, as amended by this 607
act, 17b-749k, as amended by this act, 17b-750 to 17b-751a, inclusive, as 608
amended by this act, and 17b-751d, and (B) for the purpose of 609
administering the child care development block grant pursuant to the 610
Child Care and Development Block Grant Act of 1990; (3)] the 611
Department of Public Health (A) with respect to sections 10a-194c, 12-612
634, 17a-28, 17a-101 and 19a-80f, (B) for the purpose of regulating child 613
care services pursuant to sections 19a-77, 19a-79, 19a-80, 19a-82 and 614
19a-84 to 19a-87e, inclusive, (C) for the purpose of the conduct of 615
regulation of youth camps, pursuant to sections 19a-420 to 19a-434, 616
inclusive, and (D) for the purpose of administering the Maternal, 617
Infant, and Early Childhood Home Visiting Program authorized under 618
the Patient Protection and Affordable Care Act of 2010, P.L. 111-148; 619
and [(4)] (3) the Department of Developmental Services with respect to 620
sections 17a-248, 17a-248b to 17a-248h, inclusive, 38a-490a and 38a-621
516a. 622
Sec. 18. Subsection (a) of section 17b-749h of the general statutes is 623
repealed and the following is substituted in lieu thereof (Effective July 624
1, 2017): 625
(a) There is established a program to be known as the "child care 626
facilities direct revolving loan program". The program shall contain 627
any moneys required by law to be deposited in the program, 628
including, but not limited to, any moneys appropriated by the state, 629
premiums, fees, interest payments and principal payments on direct 630
loans and proceeds from the sale, disposition, lease or rental of 631
collateral relating to direct loans. Any balance remaining in the 632
program at the end of any fiscal year shall be carried forward in the 633
program for the next succeeding fiscal year. The program shall be used 634
to make loans pursuant to subsection (b) of this section, to make loan 635
guarantees and to pay reasonable and necessary expenses incurred in 636
administering loans and loan guarantees under this section. The 637
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Commissioner of [Early Childhood] Social Services may enter into a 638
contract with a quasi-public agency, banking institution or nonprofit 639
corporation to provide for the administration of the loan program, 640
provided no loan or loan guarantee shall be made from the fund 641
without the authorization of the commissioner as provided in 642
subsection (b) of this section. 643
Sec. 19. Section 17a-301a of the general statutes is repealed and the 644
following is substituted in lieu thereof (Effective July 1, 2017): 645
(a) Effective January 1, 2013, there shall be established a Department 646
on Aging that shall be under the direction and supervision of the 647
Commissioner on Aging who shall be appointed by the Governor in 648
accordance with the provisions of sections 4-5 to 4-8, inclusive, with 649
the powers and duties prescribed in said sections. The commissioner 650
shall be knowledgeable and experienced with respect to the conditions 651
and needs of elderly persons and shall serve on a full-time basis. 652
(b) The Commissioner on Aging shall administer all laws under the 653
jurisdiction of the Department on Aging and shall employ the most 654
efficient and practical means for the provision of care and protection of 655
elderly persons. The commissioner shall have the power and duty to 656
do the following: (1) Administer, coordinate and direct the operation 657
of the department; (2) adopt and enforce regulations, in accordance 658
with chapter 54, as necessary to implement the purposes of the 659
department as established by statute; (3) establish rules for the internal 660
operation and administration of the department; (4) establish and 661
develop programs and administer services to achieve the purposes of 662
the department; (5) contract for facilities, services and programs to 663
implement the purposes of the department; (6) act as advocate for 664
necessary additional comprehensive and coordinated programs for 665
elderly persons; (7) assist and advise all appropriate state, federal, local 666
and area planning agencies for elderly persons in the performance of 667
their functions and duties pursuant to federal law and regulation; (8) 668
plan services and programs for elderly persons; (9) coordinate 669
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outreach activities by public and private agencies serving elderly 670
persons; and (10) consult and cooperate with area and private 671
planning agencies. 672
(c) The Department on Aging is designated as the State Unit on 673
Aging to administer, manage, design and advocate for benefits, 674
programs and services for the elderly and their families pursuant to 675
the Older Americans Act. The department shall study continuously the 676
conditions and needs of elderly persons in this state in relation to 677
nutrition, transportation, home care, housing, income, employment, 678
health, recreation and other matters. The department shall be 679
responsible, in cooperation with federal, state, local and area planning 680
agencies on aging, for the overall planning, development and 681
administration of a comprehensive and integrated social service 682
delivery system for elderly persons. The department shall: (1) Measure 683
the need for services; (2) survey methods of administration of 684
programs for service delivery; (3) provide for periodic evaluations of 685
social services; (4) maintain technical, information, consultation and 686
referral services in cooperation with other state agencies to local and 687
area public and private agencies to the fullest extent possible; (5) 688
develop and coordinate educational outreach programs for the 689
purposes of informing the public and elderly persons of available 690
programs; (6) cooperate in the development of performance standards 691
for licensing of residential and medical facilities with appropriate state 692
agencies; (7) supervise the establishment, in selected areas and local 693
communities of the state, of pilot programs for elderly persons; (8) 694
coordinate with the Department of Transportation to provide adequate 695
transportation services related to the needs of elderly persons; and (9) 696
cooperate with other state agencies to provide adequate and alternate 697
housing for elderly persons, including congregate housing, as defined 698
in section 8-119e. 699
(d) The functions, powers, duties and personnel of the Division of 700
Aging Services of the Department of Social Services, or any subsequent 701
division or portion of a division with similar functions, powers, 702
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personnel and duties, shall be transferred to the Department on Aging 703
pursuant to the provisions of sections 4-38d, 4-38e and 4-39. 704
[(e) The Department of Social Services shall administer programs 705
under the jurisdiction of the Department on Aging until the 706
Commissioner on Aging is appointed and administrative staff are 707
hired. 708
(f) The Governor may, with the approval of the Finance Advisory 709
Committee, transfer funds between the Department of Social Services 710
and the Department on Aging pursuant to subsection (b) of section 4-711
87 during the fiscal year ending June 30, 2013.] 712
[(g)] (e) Any order or regulation of the Department of Social 713
Services or the former Commission on Aging that is in force on 714
January 1, 2013, shall continue in force and effect as an order or 715
regulation until amended, repealed or superseded pursuant to law. 716
Sec. 20. Section 10-504 of the general statutes is repealed. (Effective 717
July 1, 2017) 718
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2017 17b-2
Sec. 2 July 1, 2017 17b-7a
Sec. 3 July 1, 2017 17b-12
Sec. 4 July 1, 2017 17b-705a(c) to (e)
Sec. 5 July 1, 2017 17b-730
Sec. 6 July 1, 2017 17b-733
Sec. 7 July 1, 2017 17b-738
Sec. 8 July 1, 2017 17b-749
Sec. 9 July 1, 2017 17b-749d
Sec. 10 July 1, 2017 17b-749e
Sec. 11 July 1, 2017 17b-749f(a)
Sec. 12 July 1, 2017 17b-749g(a)
Sec. 13 July 1, 2017 17b-749j
Sec. 14 July 1, 2017 17b-749k(a)
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Sec. 15 July 1, 2017 17b-750
Sec. 16 from passage 4-87
Sec. 17 July 1, 2017 10-500
Sec. 18 July 1, 2017 17b-749h(a)
Sec. 19 July 1, 2017 17a-301a
Sec. 20 July 1, 2017 Repealer section Statement of Purpose:
To restore oversight of the Care 4 Kids child-care subsidy program to the Department of Social Services and allow for transfer of federal block grant funds to the program.
[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]