[ Text of section effective until July 31, 2008. Repealed by 2008, 215, Sec. 43.]
Section 10. (a) The office 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, a day care center, family day care home or large family day care home which is not a part of a family day care system, family day care system, family foster care which is not supervised and approved by a placement agency, group care facility, or temporary shelter facility. The office shall issue and may renew a license to a foster care or group home facility organization incorporated under the laws of the commonwealth and which meets applicable standards and requirements to establish and maintain a placement agency for the sole purposes of foster care or group home facility placement. The office shall issue and may renew a license to an adoption organization incorporated under chapter 180 and which meets the applicable standards and requirements to establish and maintain a placement agency for the purpose of adoption placement. The office shall issue 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 day care center, family day care home or large family day care home which is not part of a family day care system, family day care system, placement agency, group care facility, or temporary shelter facility.
(b) The office may issue a provisional license for or may provisionally approve a school age child care program, a day care center, family day care home or large family day care home which is not part of a family day care system, family day care system, family foster care which is not supervised and approved by a placement agency, placement agency, group care facility, or temporary shelter facility, any of which has not previously operated or is operating but is temporarily unable to meet applicable standards and requirements.
[ Paragraph (c) effective until July 8, 2008. For text effective July 8, 2008, see below.]
(c) The office shall, pursuant to the provisions of chapter thirty A, and after consultation with the board of education, the executive office of public safety and the departments of housing and community development, economic development, youth services, mental health, mental retardation, public health and transitional assistance, promulgate rules and regulations to carry out the purposes and functions of sections nine to sixteen, inclusive. Such regulations, as they relate to standards and requirements for licensure and approval of school age child care programs, day care centers, family day care homes or large family day care homes which are not part of a family day care system, family day care system, family foster care which is not supervised and approved by a placement agency, placement agencies, group care facilities, and temporary shelter facilities, 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 or treatment; (6) health care and nutrition; (7) rights and responsibilities of parents, children and staff; (8) record keeping and other procedures relevant to evaluation including, but not limited to, reports by placement agencies detailing the number and nature, as defined jointly by the University of Massachusetts center for adoption research and policy in the city of Worcester and the department of social services, of adoptions processed during each calendar quarter to be filed with the center on or before January 30 of each year; (9) organization, financing and administration; and (10) the imposition of civil fines and other sanctions. Such regulations as they relate to standards and requirements for licensure and approval of large family day care homes shall include, but not be limited to, appropriate standards for one or more approved assistants as provided in section nine, additional floor space, staff/child ratios for multiple age and size groupings, including limitations on the number of infants in care at one time, the hours of school age care, the number and age of school age children cared for, a prerequisite that a provider have at least three years of experience in licensed family child care and requirements for completion of at least five hours of specialized training prior to licensure as a large family day care provider and at least ten hours of training each subsequent year. Fines authorized by this section shall range from fifty dollars to one thousand dollars; provided, however, that in no case shall a fine imposed on a family day care home, large family day care home or day care center, as defined in section nine, exceed a maximum fine of two hundred and fifty dollars. In formulating the regulations pertinent to family day care homes, large family day care homes and family foster care, the office shall give special attention to fire and safety precautions. Each child care program licensed or approved by the office shall include a requirement that each provider obtain from a parent or guardian of a child in care under the age of six years, but not less than two years of age, a statement, signed by a physician or an employee of a health care agency, that said child has been screened for lead poisoning. Said statement shall be obtained upon the child's enrollment if said child is two years of age or older or at the time the child reaches two years of age. Such regulations may establish classifications for licensure or approval as are necessary to achieve the purposes of sections nine to sixteen, inclusive; provided, that the standards and requirements for approval of a day care center, family day care home or large family day care home which is not part of a family day care system, family day care system, placement agency, group care facility, or temporary shelter facility, operated by a department, agency or institution of the commonwealth or any political subdivision thereof shall be the same as or higher than those applicable to the licensure or comparable facilities or services. 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. A provisional license or approval shall be issued for a period not to exceed six months and in no case shall a person operate under a provisional license, provisional approval, or renewal thereof for more than twelve consecutive months. 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 office shall conduct a comprehensive review of rules and regulations established under this section at least once every five years.
[ Paragraph (c) as amended by 2008, 176, Sec. 50 effective July 8, 2008. For text effective until July 8, 2008, see above.]
(c) The office shall, pursuant to the provisions of chapter thirty A, and after consultation with the board of education, the executive office of public safety and the departments of housing and community development, economic development, youth services, mental health, mental retardation, public health and transitional assistance, promulgate rules and regulations to carry out the purposes and functions of sections nine to sixteen, inclusive. Such regulations, as they relate to standards and requirements for licensure and approval of school age child care programs, day care centers, family day care homes or large family day care homes which are not part of a family day care system, family day care system, family foster care which is not supervised and approved by a placement agency, placement agencies, group care facilities, and temporary shelter facilities, 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 or treatment; (6) health care and nutrition; (7) rights and responsibilities of parents, children and staff; (8) record keeping and other procedures relevant to evaluation including, but not limited to, reports by placement agencies detailing the number and nature, as defined jointly by the University of Massachusetts center for adoption research and policy in the city of Worcester and the department of children and families, of adoptions processed during each calendar quarter to be filed with the center on or before January 30 of each year; (9) organization, financing and administration; and (10) the imposition of civil fines and other sanctions. Such regulations as they relate to standards and requirements for licensure and approval of large family day care homes shall include, but not be limited to, appropriate standards for one or more approved assistants as provided in section nine, additional floor space, staff/child ratios for multiple age and size groupings, including limitations on the number of infants in care at one time, the hours of school age care, the number and age of school age children cared for, a prerequisite that a provider have at least three years of experience in licensed family child care and requirements for completion of at least five hours of specialized training prior to licensure as a large family day care provider and at least ten hours of training each subsequent year. Fines authorized by this section shall range from fifty dollars to one thousand dollars; provided, however, that in no case shall a fine imposed on a family day care home, large family day care home or day care center, as defined in section nine, exceed a maximum fine of two hundred and fifty dollars. In formulating the regulations pertinent to family day care homes, large family day care homes and family foster care, the office shall give special attention to fire and safety precautions. Each child care program licensed or approved by the office shall include a requirement that each provider obtain from a parent or guardian of a child in care under the age of six years, but not less than two years of age, a statement, signed by a physician or an employee of a health care agency, that said child has been screened for lead poisoning. Said statement shall be obtained upon the child's enrollment if said child is two years of age or older or at the time the child reaches two years of age. Such regulations may establish classifications for licensure or approval as are necessary to achieve the purposes of sections nine to sixteen, inclusive; provided, that the standards and requirements for approval of a day care center, family day care home or large family day care home which is not part of a family day care system, family day care system, placement agency, group care facility, or temporary shelter facility, operated by a department, agency or institution of the commonwealth or any political subdivision thereof shall be the same as or higher than those applicable to the licensure or comparable facilities or services. 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. A provisional license or approval shall be issued for a period not to exceed six months and in no case shall a person operate under a provisional license, provisional approval, or renewal thereof for more than twelve consecutive months. 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 office shall conduct a comprehensive review of rules and regulations established under this section at least once every five years.
(d) The office may, at any reasonable time, visit and inspect any facility operated by a person who is subject to licensure or approval under this section in order to determine whether such facility is being operated in compliance with law and with the rules and regulations established under paragraph (c) of this section.
(e) The office shall provide consultation to assist applicants in meeting its requirements for licensure or approval, and in meeting other applicable state and local requirements relative to fire, safety, and zoning codes.
[ Paragraph (f) effective until July 8, 2008. For text effective July 8, 2008, see below.]
(f) The office shall promptly investigate and evaluate any notice transmitted to the office by the department of social services under clause (9) of section fifty-one B of chapter one hundred and nineteen. Such investigation and evaluation shall determine whether the facility being operated by a person subject to licensure under this section is being operated in compliance with this chapter and with the rules and regulations established under paragraph (c). If, during the course of any such investigation or licensing study conducted by the office, any agent or employee of the office 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 fifty-one A of chapter one hundred and nineteen.
[ Paragraph (f) as amended by 2008, 176, Sec. 51 effective July 8, 2008. For text effective until July 8, 2008, see above.]
(f) The office shall promptly investigate and evaluate any notice transmitted to the office by the department of children and families under subsection (l) of section 51B of chapter 119. The investigation and evaluation shall determine whether the facility being operated by a person subject to licensure under this section is being operated in compliance with this chapter and with the rules and regulations established under paragraph (c). If, during the course of the investigation or a licensing study conducted by the office, any agent or employee of the office receives or discovers information concerning the occurrence of child abuse or neglect, that agent or that employee shall make a report to the department of children and families under section 51A of said chapter 119.