Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 4 of chapter 28A of the General Laws, as appearing in the 1986 Official Edition, is hereby amended by inserting after the word "centers", in lines 7 and 8, the words:- , school age child care programs.

SECTION 2. Section 9 of said chapter 28A, as so appearing, is hereby amended by striking out the definition "After school program".

SECTION 3. Said section 9 of said chapter 28A, as so appearing, is hereby further amended by inserting after the definition "Placement agency" the following definition:-

"School age child care program", any program or facility operated on a regular basis which provides supervised group care for children not of common parentage 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 fourteen years of age, or sixteen years of age if such child has special needs. 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 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 day 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 day care home; an informal cooperative arrangement among neighbors or relatives; or the occasional care of children with or without compensation therefor.

SECTION 4. Section 10 of said chapter 28A, as so appearing, is hereby amended by striking out paragraphs (a) and (b) and inserting in place thereof the following two paragraphs:-

(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 a school age child care program, a day care center, 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 any organization incorporated under chapter one hundred and eighty which meets applicable standards and requirements to establish and maintain a placement agency. 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 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 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.

SECTION 4A. Said section 10 of said chapter 28A is hereby further amended by striking out paragraph (c), as most recently amended by section 1 of chapter 610 of the acts of 1987, and inserting in place thereof the following paragraph:-

(c) The office shall, pursuant to the provisions of chapter thirty A, and after consultation with the executive offices of educational affairs, manpower affairs, public safety, communities and development, and the departments of youth services, mental health, mental retardation, public health and public welfare, 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 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; (9) organization, financing and administration; and (10) the imposition of civil fines and other sanctions. In formulating the regulations pertinent to family day care homes and family foster care, the office shall give special attention to fire and safety precautions. 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 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.

SECTION 5. Section 11 of said chapter 28A, as so appearing, is hereby amended by striking out, in line 1, the words "an after school" and inserting in place thereof the words:- a school age child care.

SECTION 6. Section 12 of said chapter 28A, as so appearing, is hereby amended by striking out, in line 5, the words "after school" and inserting in place thereof the words:- school age child care.