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LCO No. 3471 1 of 25 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 Section 17b-2 of the general statutes is repealed and the 1 following is substituted in lieu thereof (Effective July 1, 2017): 2 The Department of Social Services is designated as the state agency 3 for the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

General Assembly Raised Bill No. 7006 - C G A Assembly Raised Bill No. 7006 January Session, 2017 LCO No. 3471 Referred to Committee on HUMAN SERVICES Introduced by: (HS) AN ACT RESTORING

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LCO No. 3471 1 of 25

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 Section 17b-2 of the general statutes is repealed and the 1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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LCO No. 3471 17 of 25

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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LCO No. 3471 18 of 25

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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LCO No. 3471 19 of 25

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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LCO No. 3471 21 of 25

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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LCO No. 3471 24 of 25

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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LCO No. 3471 25 of 25

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.]