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Department of Early Education and Care

SECTION 34.   Said chapter 15D, as so inserted, is hereby further amended by inserting at the end thereof the following sections:-

Section 6. (a) The following words as used in this chapter shall, unless the context otherwise requires, have the following meanings:-
          "Child'', any person under the age 14, or under the age of 19 if the child has special needs.
          "Department," the department of early education and care.
          "Commissioner'', the commissioner of the department of early education and care.
          "Person'', any individual, partnership, corporation, association, organization, or trust or any department, agency, or institution of the federal government or of the commonwealth or any political subdivision thereof.
          (b) The following words as used in this section and sections 8 through 16, inclusive shall, unless the context otherwise requires, have the following meanings:-
          "Child with special needs," any child, who, because of temporary or permanent disabilities arising from intellectual, sensory, emotional, physical, or environmental factors, or other specific learning disabilities is unable to progress effectively in an early education and care program and needs additional services to reach his or her full potential.
          "School-age child with a disability," a child with a disability who requires special education as determined in accordance with the provisions of chapter 71B, and its regulations.
          "Family child care home'', any private residence which on a regular basis, receives for temporary custody and care during part or all of the day, children not more than 12 years of age or children under 16 years of age if such children have special needs or meet the definition of a "school-age child with a disability"; provided, however, in either case, that the total number of children under 16 in a family child care home shall not exceed six, including participating children living in the residence. Family child care home shall not mean a private residence used for an informal cooperative arrangement among neighbors or relatives, or the occasional care of children with or without compensation therefor.
          "Family child care system'', any person who, through contractual arrangement, provides to family child care homes which it has approved as members of said system, central administrative functions including, but not limited to training, technical assistance, and consultation to operators of family child care homes; inspection, supervision, monitoring, and evaluation of family child care homes; referrals of children to available affiliated family child care homes and available health and social services; provided, however, that family child care system shall not mean a placement agency or a child care center.
          "Large family child care home'', a family child care home in which the total number of children under 16 shall not exceed 10, including participating children living in the residence. A large family child care home shall have at least one approved assistant when the total number of children participating in such child care exceeds six.
          "Child care center'', any facility operated on a regular basis whether known as a day nursery, nursery school, kindergarten, child play school, progressive school, child development center, or pre-school, or known under any other name, which receives children under seven years of age, or under 16 years of age if the child has special needs or meets the definition of a "school-age child with a disability", for nonresidential custody and care during part or all of the day, separate from their parents. Child care center shall not include: any part of a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to kindergarten, nursery, or related preschool services; a Sunday school conducted by a religious institution; a facility operated by a religious organization where children are cared for during short periods of time while persons responsible for such children are attending religious services; a family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.
          "School-age child care program'', any program or facility operated on a regular basis which provides supervised group care for children who are enrolled in kindergarten and are of sufficient age to enter first grade the following year, or an older child who is not more than 14 years of age, or 16 years of age if such child has special needs or meets the definition of a school-age child with a disability. Such a program may operate before and after school and may also operate during school vacation and holidays. It provides a planned daily program of activities that is attended by children for specifically identified blocks of time during the week, usually over a period of weeks or months. A school-age child care program subject to licensure shall not include: any program operated by a public school system; any part of a private, organized educational system, unless the services of such system are primarily limited to a school-age child care program; a Sunday school or classes for religious instruction conducted by a religious organization where the children are cared for during short periods of time while persons responsible for such children are attending religious services; a family child care home except as provided under large family child care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.

Section 7. The Department shall further the purposes of the board as defined in this chapter, and shall be responsible for:
          (1) determining the need for early education and care services to children within the commonwealth and making recommendations to the board and to the governor on need priorities;
          (2) analyzing and evaluating all budget requests for early education and care services to children under this chapter and making recommendations to the board regarding coordination and approval of such budget requests;
          (3) promoting the coordination of programs for services to children under this chapter;
          (4) evaluating, monitoring, and licensing programs for children under this chapter;
          (5) facilitating the development of and, when appropriate, provide for training programs for persons offering early education and care services;
          (6) providing information and referral to persons seeking children's services;
          (7) providing technical assistance and consultation to providers and potential providers of early education and care services to children; and
          (8) setting and enforcing policies and regulations administering state and federal child care funds, including establishing and updating payment rates and sliding fee scales, as necessary.
          In order to promote the development of early education and care services for children the department, subject to the approval of the board, shall seek, accept, and distribute or expend all federal funds available to the department for early education and care and related services and shall assist other agencies of the commonwealth and local agencies to take full advantage of all federal funds available for such services. The department may also provide child care services to children by contracting for such services, or, in the case of demonstration programs, by operating such services or contracting for such services.

Section 8. (a) The department shall issue and may renew a license to any person other than a department, agency, or institution of the commonwealth or any political subdivision thereof, who meets applicable standards and requirements to establish and maintain or to assist in the establishment and maintenance of a school-age child care program, child care center, family child care home or large family child care home. The department may issue an approval to a department, agency, or institution of the commonwealth or any political subdivision thereof which it deems meets such applicable standards and requirements to establish and maintain a school-age child care program, child care center, family child care home, or large family child care home.
          (b) The department may issue a provisional license for or may provisionally approve a school-age child care program, a child care center, family child care home, or large family child care home any of which has not previously operated or is operating but is temporarily unable to meet applicable standards and requirements.

Section 9. (a) The board of early education and care shall pursuant to the provisions of chapter 30A, and after consultation with the boards of education, the executive office of health and human services, the department of transitional assistance, the department of social services, the executive office of public safety, the department of housing and community development, and the department of economic development, promulgate rules and regulations to carry out the purposes and functions of this chapter.
          (b) Such regulations, as they relate to standards and requirements for licensure and approval of school-age child care programs, child care centers, family child care homes or large family child care homes, shall be appropriate for the protection of the health, well-being, and development of children and shall include, but need not be limited to, provisions regarding (1) admission policies and procedures; (2) safe transport of children; (3) physical plant and equipment; (4) the number and qualifications of staff; (5) the nature of programs of care and curriculum; (6) health care and nutrition; (7) rights and responsibilities of parents, children, and staff; (8) record-keeping and other procedures relevant to evaluation; (9) organization, financing, and administration; (10) appropriate supervision requirements; (11) appropriate standards for approved assistants; (12) fire and safety precautions; and (13) the imposition of civil fines and other sanctions.
          (c) Fines authorized by this section shall range from $50 to $250; provided, however, that the department may impose a separate fine for each violation, per day.
          (d) Such regulations may establish classifications for licensure or approval as are necessary to achieve the purposes of this chapter. Such regulations shall establish reasonable license fees and appropriate terms for all licenses granted under the provisions of this section. No such license or approval shall be transferable. Any rule or regulation involving medical treatment shall include appropriate exemptions for children whose parents object thereto on the ground that it conflicts with the tenets and practice of a recognized church or religious denomination of which the parent or child is an adherent or member. The department shall conduct a comprehensive review of rules and regulations established under this section at least once every five years.
          (e) The department may, at any reasonable time, conduct announced and unannounced visits and inspections of any facility operated by a person who is subject to licensure or approval under this chapter in order to determine whether such facility is being operated in compliance with law and with the rules and regulations established under this chapter, and may issue administrative subpoenas.
          (f) The department shall provide consultation to assist applicants in meeting its requirements for licensure or approval.
          (g)The department shall promptly investigate and evaluate any notice transmitted to the department by the department of social services under clause (9) of section 51B of chapter 119. Such investigation and evaluation shall determine whether the facility being operated by a person subject to licensure under this chapter is being operated in compliance with this chapter and with the rules and regulations established under the chapter. If, during the course of any such investigation or licensing study conducted by the department, any agent or employee of the department receives or discovers information concerning the occurrence of child abuse or neglect, such agent or that employee shall make a report to the department of social services, pursuant to the provisions of section 51A of chapter 119.

Section 10. No person shall operate a school-age child care program, a child care center, family child care home, or large family child care home, unless such person is licensed by the department; except that a department, agency, or institution of the commonwealth or any political subdivision thereof may obtain an approval rather than a license in order to operate a school-age child care program, child care center, family child care home, or family child care system.

Section 11. The commissioner with the approval of the board and in accordance with guidelines established by the board may delegate on an annual basis to any city or town the power to issue, suspend, revoke, make probationary, or renew licenses, pursuant to the regulations promulgated by the department under this chapter, to persons operating or seeking to operate school-age child care programs, child care centers, family child care homes, or large family child care homes; provided, that such delegation of authority shall be given only to a city or town that had such a delegation of authority issued by the office of child care services and in effect as of July 1, 2005; provided further, that any such city or town must demonstrate that the delegation will result in more effective exercise of such power; and provided further, that persons subject to licensure by such city or town shall be governed by the same rules and regulations as persons subject to licensure by the department. The commissioner may, at any time, revoke the delegation of authority granted to any city or town if the commissioner finds that the city or town has failed to ensure that persons subject to licensure by such city or town comply with the same rules and regulations as persons subject to licensure by the department.
Section 12. Subject to the requirements of chapter 30A of the General Laws, and in accordance with the rules and regulations promulgated by the department, the department may suspend, revoke, refuse to issue or renew, or sanction the license of any person. The department may also assess a civil fine within the limits prescribed by section 9 of this chapter, or impose any other sanctions it deems appropriate, including but not limited to placing a license on probationary status, in accordance with rules and regulations promulgated by the department. Such action to suspend, revoke, refuse to issue or renew, or sanction a license may be taken if such person: (1) fails to comply with applicable rules and regulations; (2) furnishes or makes any misleading or false statement or report required under such rules and regulations; (3) refuses to submit any reports or make available any records required by such rules and regulations; or (4) refuses to admit representatives of the department at any reasonable time for purposes of investigation or inspection. The department may temporarily suspend a license in an emergency situation without a prior hearing; provided, however, that upon request of an aggrieved party, a hearing shall be held as soon after the license is suspended as is reasonably possible. Any party aggrieved by a final decision of the department in any adjudicatory proceeding under this section may petition for judicial review in accordance with the provisions of section 14 of chapter 30A.

Section 13. No person shall cause to be published in a newspaper distributed anywhere in the commonwealth or to be broadcast on a radio or television station in the commonwealth an advertisement or notice for the placement or reception of a child in family child care, large family child care, child care center care, or a school-age child care program unless such advertisement is placed by a licensed or approved family child care home, large family child care home, family child care system, child care center, or school-age child care program, or with the written approval of the department. Such advertisement or notice shall include the license number issued to the provider or agency pursuant to this chapter.

Section 14. Any person who violates the provisions of sections 9 or 12 of this chapter may be punished for each such violation by a fine of up to $5,000 or by imprisonment for not more than one year, or both.

Section 15. Upon petition of the department, the superior court shall have jurisdiction to enjoin any violation of the provisions of sections 9 or 12 of this chapter or to take such other action as equity and justice may require.

Section 16. Upon petition of the department, the superior court shall have jurisdiction to enter an order permitting the department to enter and inspect, under such conditions as the court deems appropriate, a facility operated by a person whom the office has reasonable cause to believe is subject to licensure or approval under this chapter.