AN ACT EXEMPTING FROM LICENSING REQUIREMENTS CERTAIN CHILD CARE SERVICES FOR CHILDREN OF MEMBERS OF THE UNITED STATES MILITARY.

Substitute House Bill No. 5049

Public Act No. 23-29

AN ACT EXEMPTING FROM LICENSING REQUIREMENTS

CERTAIN CHILD CARE SERVICES FOR CHILDREN OF MEMBERS

OF THE UNITED STATES MILITARY.

Be it enacted by the Senate and House of Representatives in General

Assembly convened:

Section 1. Subsections (a) and (b) of section 19a-77 of the general

statutes are repealed and the following is substituted in lieu thereof

(Effective from passage):

(a) As used in this section and sections 19a-77a to 19a-80, inclusive,

and sections 19a-82 to 19a-87a, inclusive, "child care services" includes:

(1) A "child care center" which offers or provides a program of

supplementary care to more than twelve related or unrelated children

outside their own homes on a regular basis;

(2) A "group child care home" which offers or provides a program of

supplementary care (A) to not less than seven or more than twelve

related or unrelated children on a regular basis, or (B) that meets the

definition of a family child care home except that it operates in a facility

other than a private family home;

(3) A "family child care home" which consists of a private family

home providing care (A) for (i) not more than six children, including the

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provider's own children not in school full time, without the presence or

assistance of an assistant or substitute staff member approved by the

Commissioner of Early Childhood, pursuant to section 19a-87b, present

and assisting the provider, or (ii) not more than nine children, including

the provider's own children, with the presence and assistance of such

approved assistant or substitute staff member, and (B) for not less than

three or more than twelve hours during a twenty-four-hour period and

where care is given on a regularly recurring basis except that care may

be provided in excess of twelve hours but not more than seventy-two

consecutive hours to accommodate a need for extended care or

intermittent short-term overnight care. During the regular school year,

for providers described in subparagraph (A)(i) of this subdivision, a

maximum of three additional children who are in school full time,

including such provider's own children, shall be permitted, except that

if such provider has more than three children who are such provider's

own children and in school full time, all of such provider's own children

shall be permitted. During the summer months when regular school is

not in session, for providers described in subparagraph (A)(i) of this

subdivision, a maximum of three additional children who are otherwise

enrolled in school full time shall be permitted if there is such an

approved assistant or substitute staff member present and assisting

such provider, except that (i) if such provider has more than three such

additional children who are such provider's own children, all of such

provider's own children shall be permitted, and (ii) such approved

assistant or substitute staff member shall not be required if all of such

additional children are such provider's own children;

(4) "Night care" means the care provided for one or more hours

between the hours of 10:00 p.m. and 5:00 a.m.; and

(5) "Year-round" program means a program open at least fifty weeks

per year.

(b) For licensing requirement purposes, child care services shall not

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include such services which are:

(1) (A) Administered by a public school system, or (B) administered

by a municipal agency or department;

(2) Administered by a private school which is in compliance with

section 10-188 and is approved by the State Board of Education or is

accredited by an accrediting agency recognized by the State Board of

Education, provided the provision of such child care services by the

private school is only to those children whose ages are covered under

such approval or accreditation;

(3) Classes in music, dance, drama and art that are no longer than two

hours in length; classes that teach a single skill that are no longer than

two hours in length; library programs that are no longer than two hours

in length; scouting; programs that offer exclusively sports activities;

rehearsals; academic tutoring programs; or programs exclusively for

children thirteen years of age or older;

(4) Informal arrangements among neighbors and formal or informal

arrangements among relatives in their own homes, provided the relative

is limited to any of the following degrees of kinship by blood, marriage

or court order to the child being cared for: Grandparent, great-

grandparent, sibling, aunt or uncle;

(5) Supplementary child care operations for educational or

recreational purposes and the child receives such care infrequently

where the parents are on the premises;

(6) Supplementary child care operations in retail establishments

where the parents remain in the same store as the child for retail

shopping, provided the drop-in supplementary child-care operation

does not charge a fee and does not refer to itself as a child care center;

(7) Administered by a nationally chartered boys' and girls' club that

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are exclusively for school-age children;

(8) Religious educational activities administered by a religious

institution exclusively for children whose parents or legal guardians are

members of such religious institution;

(9) Administered by Solar Youth, Inc., a New Haven-based nonprofit

youth development and environmental education organization;

(10) Programs administered by organizations under contract with the

Department of Social Services pursuant to section 17b-851a that

promote the reduction of teenage pregnancy through the provision of

services to persons who are ten to nineteen years of age, inclusive;

(11) Administered by the Cardinal Shehan Center, a Bridgeport-

based nonprofit organization that is exclusively for school-age children;

(12) Administered by Organized Parents Make a Difference, Inc., a

Hartford-based nonprofit organization that is exclusively for school-age

children; [or]

(13) Administered by Leadership, Education and Athletics in

Partnership, Inc., a New Haven-based nonprofit youth development

organization; or

(14) Programs that exclusively provide care for children of members

of the United States Coast Guard or any branch of the military under the

United States Department of Defense and that are (A) administered by

the federal government or on federal property, or (B) administered by a

person certified as a family child care provider by the United States

Coast Guard or a branch of the military under the United States

Department of Defense.

Approved June 12, 2023