Group Day Care Homes and Day Care Centers (19a-79-1 to 19a-79-13) (10/2005)
Community Based Regulation Section
Child Day Care Licensing Program
Sec.19a-77. (Formerly Sec. 19-43b). "Child day care services" defined. Additional license.
(a) As used in sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, "child day care services" shall include:
(1) A "child day 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 day care home" which offers or provides a program of supplementary care to not less than seven nor more than twelve related or unrelated children on a regular basis;
(3) A "family day care home" which consists of a private family home caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not less than three nor 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, a maximum of three additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three children who are in school full time, all of the provider's children shall be permitted;
(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.;
(5) "Year-round" program means a program open at least fifty weeks per year.
(b) For licensing requirement purposes, child day care services shall not include such services which are:
(A) Administered by a public school system, or
(B) administered by a municipal agency or department and located in a public school building;
(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;
(3) Recreation operations such as but not limited to creative art studios for children that offer parent-child recreational programs and classes in music, dance, drama and art that are no longer than two hours in length, library programs, church-related activities, scouting, camping or community-youth programs;
(4) Informal arrangements among neighbors or relatives in their own homes, provided the relative is limited to any of the following degrees of kinship by blood or marriage to the child being cared for or to the child's parent: Child, grandchild, sibling, niece, nephew, aunt, uncle or child of one's aunt or uncle;
(5) Drop-in supplementary child care operations for educational or recreational purposes and the child receives such care infrequently where the parents are on the premises;
(6) Drop-in supplementary child care operations in retail establishments where the parents are on the premises for retail shopping, in accordance with section 19a-77a, provided that the drop-in supplementary child-care operation does not charge a fee and does not refer to itself as a child day care center; or
(7) Drop-in programs administered by a nationally chartered boys' and girls' club; or
(8) Religious educational activities administered by a religious institution exclusively for children whose parents or legal guardians are members of such religious institution.
(c) No registrant or licensee of any child day care services as defined in subsection
(a) of this section shall be issued an additional registration or license to provide any such services at the same facility.
Sec. 19a-79. (Formerly Sec. 19-43d). Regulations. Exemptions.
(a) The Commissioner of Public Health shall adopt regulations, in accordance with the provisions of chapter 54, to carry out the purposes of sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, and to assure that child day care centers and group day care homes shall meet the health, educational and social needs of children utilizing such child day care centers and group day care homes. Such regulations shall
(1) specify that before being permitted to attend any child day care center or group day care home, each child shall be protected as age-appropriate by adequate immunization against diphtheria, pertussis, tetanus, poliomyelitis, measles, mumps, rubella, hemophilus influenzae type B and any other vaccine required by the schedule of active immunization adopted pursuant to section 19a-7f, including appropriate exemptions for children for whom such immunization is medically contraindicated and for children whose parents object to such immunization on religious grounds,
(2) specify conditions under which child day care center directors and teachers and group day care home providers may administer tests to monitor glucose levels in a child with diagnosed diabetes mellitus, and administer medicinal preparations, including controlled drugs specified in the regulations by the commissioner, to a child receiving child day care services at such child day care center or group day care home pursuant to the written order of a physician licensed to practice medicine or a dentist licensed to practice dental medicine in this or another state, or an advanced practice registered nurse licensed to prescribe in accordance with section 20-94a, or a physician assistant licensed to prescribe in accordance with section 20-12d, and the written authorization of a parent or guardian of such child,
(3) specify that an operator of a child day care center or group day care home, licensed before January 1, 1986, or an operator who receives a license after January 1, 1986, for a facility licensed prior to January 1, 1986, shall provide a minimum of thirty square feet per child of total indoor usable space, free of furniture except that needed for the children's purposes, exclusive of toilet rooms, bathrooms, coatrooms, kitchens, halls, isolation room or other rooms used for purposes other than the activities of the children,
(4) specify that a child day care center or group day care home licensed after January 1, 1986, shall provide thirty-five square feet per child of total indoor usable space,
(5) establish appropriate child day care center staffing requirements for employees certified in cardiopulmonary resuscitation by the American Red Cross, the American Heart Associa-tion, the National Safety Council, American Safety and Health Institute or Medic First Aid International, Inc.,
(6) specify that on and after January 1, 2003, a child day care center or group day care home
(A) shall not deny services to a child on the basis of a child's known or suspected allergy or because a child has a prescription for an automatic prefilled cartridge injector or similar auto-matic injectable equipment used to treat an allergic reaction, or for injectable equipment used to administer glucagon,
(B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the use of such equipment on-site during all hours when such a child is on-site,
(C) shall require such child's parent or guardian to provide the injector or injectable equipment and a copy of the prescription for such medication and injector or injectable equipment upon enrollment of such child, and
(D) shall require a parent or guardian enrolling such a child to replace such medication and equipment prior to its expiration date, and
(7) specify that on and after January 1, 2005, a child day care center or group day care home
(A) shall not deny services to a child on the basis of a child's diagnosis of asthma or because a child has a prescription for an inhalant medication to treat asthma, and
(B) shall, not later than three weeks after such child's enrollment in such a center or home, have staff trained in the administration of such medication on-site during all hours when such a child is on-site.
(b) The Commissioner of Public Health may adopt regulations, pursuant to chapter 54, to establish civil penalties of not more than one hundred dollars per day for each day of violation and other disciplinary remedies that may be imposed, following a contested-case hearing, upon the holder of a license issued under section 19a-80 to operate a child day care center or group day care home or upon the holder of a license issued under section 19a-87b to operate a family day care home.
(c) The Commissioner of Public Health shall exempt Montessori schools accredited by the American Montessori Society or the Association Montessori Internationale from any provision in regulations adopted pursuant to subsection (a) of this section which sets requirements on group size or child to staff ratios or the provision of cots.
Sec. 19a-79a. Pesticide applications at day care facilities.
(a) As used in this section, "pesticide" means a fungicide used on plants, an insecticide, a herbicide or a rodenticide but does not mean a sanitizer, disinfectant, antimicrobial agent or a pesticide bait, and "lawn care pesticide" means a pesticide registered by the United States Environmental Protection Agency and labeled pursuant to the federal Insecticide, Fungicide and Rodenticide Act for use in lawn, garden and ornamental sites or areas.
(b) No application of pesticide may be made in any building or on the grounds of any child day care center, group day care home or family day care home, each as described in section 19a-77, during regular business hours except that an emergency application may be made to eliminate an immediate threat to human health if
(1) it is necessary to make the application during regular business hours and
(2) such emergency application does not involve a restricted use pesticide, as defined in section 22a-47. No child enrolled at such center or home may enter an area where pesticides have been applied until it is safe to do so according to the provisions on the pesticide label.
(c) No person shall apply a lawn care pesticide on the grounds of any child day care center or group day care home, as described in section 19a-77, except that an emergency application may be made to eliminate an immediate threat to human health, including, but not limited to, the elimination of mosquitoes, ticks and stinging insects, provided such emergency application does not involve a restricted use pesticide, as defined in section 22a-47.
Sec. 19a-80. (Formerly Sec. 19-43e). License required for child day care centers and group day care homes. Fees. Criminal history records checks. Notification of changes in regulations.
(a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall maintain a child day care center or group day care home without a license issued in accordance with sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive. Applications for such license shall be made to the Commissioner of Public Health on forms provided by him and shall contain the information required by regulations adopted under said sections. The forms shall contain a notice that false statements made therein are punishable in accordance with section 53a-157b.
(b) Upon receipt of an application for a license, the Commissioner of Public Health shall issue such license if, upon inspection and investigation, he finds that the applicant, the facilities and the program meet the health, educational and social needs of children likely to attend the child day care center or group day care home and comply with requirements established by regulations adopted under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive. Each license except a temporary license shall be for a term of two years, shall be inalienable, may be renewed upon terms and conditions established by regulation and may be suspended or revoked after notice and an opportunity for a hearing as provided in section 19a-84 for violation of the regulations promulgated under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive. The commissioner may issue a temporary license for a term of six months and renewable for another six months, upon such terms and conditions as shall be provided in regulations adopted under said sections. The Commissioner of Public Health shall collect from the licensee of a day care center a fee of two hundred dollars for each license issued or renewed for a term of two years and a fee of fifty dollars for each temporary license issued or renewed for a term of six months. The Commissioner of Public Health shall collect from the licensee of a group day care home a fee of one hundred dollars for each license issued or renewed for a term of two years and a fee of thirty dollars for each temporary license issued or renewed for a term of six months.
(c) The Commissioner of Public Health, within available appropriations, shall require each prospective employee of a child day care center or group day care home in a position requiring the provision of care to a child to submit to state and national criminal history records checks. The criminal history records checks required pursuant to this subsection shall be conducted in accordance with section 29-17a. The commissioner shall also request a check of the state child abuse registry established pursuant to section 17a-101k for perpetrator information. Pursuant to the interagency agreement provided for in section 10-16s, the Department of Social Services may agree to transfer funds appropriated for criminal history records checks to the Department of Public Health. The commissioner shall notify each licensee of the provisions of this subsection.
(d) The commissioner shall inform each licensee, by way of a plain language summary provided not later than sixty days after the regulation's effective date, of new or changed regulations adopted under sections 19a-77 to 19a-80, inclusive, or sections 19a-82 to 19a-87, inclusive, with which a licensee must comply.
Sec. 19a-80f. Substantiated complaints of abuse or neglect at licensed facilities. Listing; disclosure.
In accordance with section 17a-101j, the Commissioner of Children and Families shall notify the Commissioner of Public Health of all information concerning substantiated complaints, pursuant to subsection (b) of said section 17a-101j, of incidents of abuse or neglect which have occurred at any licensed day care facility. If the Commissioner of Children and Families determines that there was abuse or neglect of a child, he shall notify the person about whom the claim was substantiated of the determination, in writing. Such notification shall include a description of the abuse or neglect and the reasons for substantiation. The Commissioner of Public Health shall compile a listing of the information and of complaints received and substantiated by the Department of Public Health concerning a licensed day care facility during the prior three-year period. The Commissioner of Public Health shall disclose information contained in the listing to any person who requests it, provided the information does not identify children, families, staff members or employees of any licensed facility or any person residing in the household of a person licensed under section 19a-87b.
Sec. 19a-82. (Formerly Sec. 19-43g). Consultative services of state and municipal departments. Inspections. Assistance to licensees.
The Commissioner of Public Health shall utilize consultative services and assistance from the Departments of Education, Mental Health and Addiction Services and Social Services and from municipal building, fire and health departments. The commissioner shall make periodic inspections of licensed day care centers, group day care homes and family day care homes and shall provide technical assistance to licensees and applicants for licenses to assist them to attain and maintain the standards established in regulations adopted under sections 19a-77 to 19a-80, inclusive, 19a-82 to 19a-87, inclusive, and 19a-87b.
Sec. 19a-83. (Formerly Sec. 19-43h). Reports of licensees.
Each licensee under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, shall file annually and each temporary licensee shall file semiannually with the Commissioner of Public Health a report containing such information concerning its operation, program and finances as may be required by regulations adopted under said sections.
Sec. 19a-84. (Formerly Sec. 19-43i). Suspension or revocation of license. Denial of initial license application.
(a) When the Commissioner of Public Health has reason to believe any person licensed under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, has failed substantially to comply with the regulations adopted under said sections, the commissioner may notify the licensee in writing of the commissioner's intention to suspend or revoke the license or to impose a licensure action. Such notice shall be served by certified mail stating the particular reasons for the proposed action. The licensee may, if aggrieved by such intended action, make application for a hearing in writing over the licensee's signature to the commissioner. The licensee shall state in the application in plain language the reasons why the licensee claims to be aggrieved. The application shall be delivered to the commissioner within thirty days of the licensee's receipt of notification of the intended action. The commissioner shall thereupon hold a hearing within sixty days from receipt of such application and shall, at least ten days prior to the date of such hearing, mail a notice, giving the time and place of the hearing, to the licensee. The hearing may be conducted by the commissioner or by a hearing officer appointed by the commissioner in writing. The licensee and the commissioner or hearing officer may issue subpoenas requiring the attendance of witnesses. The licensee shall be entitled to be represented by counsel and a transcript of the hearing shall be made. If the hearing is conducted by a hearing officer, the hearing officer shall state the hearing officer's findings and make a recommendation to the commissioner on the issue of revocation or suspension or the intended licensure action. The commissioner, based upon the findings and recommendation of the hearing officer, or after a hearing conducted by the commissioner, shall render the commissioner's decision in writing suspending, revoking or continuing the license or regarding the intended licensure action. A copy of the decision shall be sent by certified mail to the licensee. The decision revoking or suspending the license or a decision imposing a licensure action shall become effective thirty days after it is mailed by registered or certified mail to the licensee. A licensee aggrieved by the decision of the commissioner may appeal as provided in section 19a-85.
(b) The provisions of this section shall not apply to the denial of an initial application for a license under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, provided the commissioner shall notify the applicant of any such denial and the reasons for such denial by mailing written notice to the applicant at the applicant's address shown on the license application.
Sec. 19a-85. (Formerly Sec. 19-43j). Appeal.
Any person aggrieved by a decision of the Commissioner of Public Health rendered under section 19a-82 or 19a-84 may appeal the decision of the commissioner in accordance with section 4-183, except venue for such appeal shall be in the judicial district of New Britain. Such appeal shall have precedence in the order of trial as provided in section 52-192.
Sec. 19a-86. (Formerly Sec. 19-43k). Injunction against illegal operation.
The commissioner may request the Attorney General to bring an action in the superior court for the judicial district of Hartford to enjoin any person, group of persons, association, organization, corporation, institution, or agency, public or private, from maintaining a child day care center or group day care home without a license or operating a child day care center or group day care home in violation of regulations adopted under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive.
Sec. 19a-87. (Formerly Sec. 19-43l). Penalty for operation without a license. Notice and hearing.
(a) Any person or officer of an association, organization or corporation who shall establish, conduct, maintain or operate a day care center or group day care home without a current and valid license shall be subject to a civil penalty of not more than one hundred dollars a day for each day that such center or home is operated without a license.
(b) If the Commissioner of Public Health has reason to believe that a violation has occurred for which a civil penalty is authorized by subsection (a) of this section, he may send to such person or officer by certified mail, return receipt requested, or personally serve upon such person or officer, a notice which shall include:
(1) A reference to the section or sections of the general statutes or regulations involved;
(2) a short and plain statement of the matters asserted or charged;
(3) a statement of the maximum civil penalty which may be imposed for such violation; and
(4) a statement of the party's right to request a hearing, such request to be submitted in writing to the commissioner not later than thirty days after the notice is mailed or served.
(c) If such person or officer so requests, the commissioner shall hold a hearing on the violation asserted. The hearing shall be held in accordance with the provisions of chapter 54. If such person or officer fails to request a hearing or fails to appear at the hearing or if, after the hearing, the commissioner finds that the person or officer has committed such violation, the commissioner may, in his discretion, order that a civil penalty be imposed that is not greater than the penalty stated in the notice. The commissioner shall send a copy of any order issued pursuant to this subsection by certified mail, return receipt requested, to the person or officer named in such order.
Sec. 19a-87a. Discretion in the issuance of licenses. Suspension. Revocation. Notification of criminal conviction. False statements: Class A misdemeanor. Reporting of violations.
(a) The Commissioner of Public Health shall have the discretion to refuse to license under sections 19a-77 to 19a-80, inclusive, and 19a-82 to 19a-87, inclusive, a person to conduct, operate or maintain a day care center or a group day care home, as defined in section 19a-77, or to suspend or revoke the license or take any other action set forth in regulation that may be adopted pursuant to section 19a-79 if, the person who owns, conducts, maintains or operates such center or home or a person employed therein in a position connected with the provision of care to a child receiving child day care services, has been convicted in this state or any other state of a felony as defined in section 53a-25 involving the use, attempted use or threatened use of physical force against another person, of cruelty to persons under section 53-20, injury or risk of injury to or impairing morals of children under section 53-21, abandonment of children under the age of six years under section 53-23, or any felony where the victim of the felony is a child under eighteen years of age, or of a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71, 53a-72a, 53a-72b or 53a-73a, or has a criminal record in this state or any other state that the commissioner reasonably believes renders the person unsuitable to own, conduct, operate or maintain or be employed by a child day care center or group day care home. However, no refusal of a license shall be rendered except in accordance with the provisions of sections 46a-79 to 46a-81, inclusive.
(b) Any person who is licensed to conduct, operate or maintain a child day care center or group day care home shall notify the commissioner of any criminal conviction of the owner, conductor, operator or maintainer of the center or home or of any person employed therein in a position connected with the provision of care to a child receiving child day care services, immediately upon obtaining knowledge of the conviction. Failure to comply with the notification requirement may result in the suspension or revocation of the license or the imposition of any action set forth in regulation, and shall subject the licensed person to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
(c) It shall be a class A misdemeanor for any person seeking employment in a position connected with the provision of care to a child receiving child day care services to make a false written statement regarding prior criminal convictions pursuant to a form bearing notice to the effect that such false statements are punishable, which statement he does not believe to be true and is intended to mislead the prospective employer.
(d) Any person having reasonable cause to believe that a child day care center or a group day care home is operating without a current and valid license or in violation of regulations adopted under section 19a-79 or in a manner which may pose a potential danger to the health, welfare and safety of a child receiving child day care services, may report such information to the Department of Public Health. The department shall investigate any report or complaint received pursuant to this subsection. The name of the person making the report or complaint shall not be disclosed unless
(1) such person consents to such disclosure,
(2) a judicial or administrative proceeding results therefrom or
(3) a license action pursuant to subsection (a) of this section results therefrom. All records obtained by the department in connection with any such investigation shall not be subject to the provisions of section 1-210 for a period of thirty days from the date of the petition or other event initiating such investigation, or until such time as the investigation is terminated pursuant to a withdrawal or other informal disposition or until a hearing is convened pursuant to chapter 54, whichever is earlier. A formal statement of charges issued by the department shall be subject to the provisions of section 1-210 from the time that it is served or mailed to the respondent. Records which are otherwise public records shall not be deemed confidential merely because they have been obtained in connection with an investigation under this section.
STATUTES REGARDING ABUSE/NEGLECT
Sec. 46b-120. (Formerly Sec. 51-301). Definitions.
The terms used in this chapter shall, in its interpretation and in the interpretation of other statutes, be defined as follows:
(1) "Child" means any person under sixteen years of age and, for purposes of delinquency matters, "child" means any person
(A) under sixteen years of age, or
(B) sixteen years of age or older who, prior to attaining sixteen years of age, has violated any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs, and, subsequent to attaining sixteen years of age, violates any order of the Superior Court or any condition of probation ordered by the Superior Court with respect to such delinquency proceeding;
(2) "youth" means any person sixteen or seventeen years of age;
(3) "youth in crisis" means any youth who, within the last two years,
(A) has without just cause run away from the parental home or other properly authorized and lawful place of abode,
(B) is beyond the control of parents, guardian or other custodian, or
(C) has four unexcused absences from school in any one month or ten unexcused absences in any school year;
(4) "abused" means that a child or youth
(A) has been inflicted with physical injury or injuries other than by accidental means, or
(B) has injuries that are at variance with the history given of them, or
(C) is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual molestation or exploitation, deprivation of necessities, emotional maltreatment or cruel punishment;
(5) a child may be found "mentally deficient" who, by reason of a deficiency of intelligence that has existed from birth or from early age, requires, or will require, for his protection or for the protection of others, special care, supervision and control;
(6) a child may be convicted as "delinquent" who has violated
(A) any federal or state law or municipal or local ordinance, other than an ordinance regulating behavior of a child in a family with service needs,
(B) any order of the Superior Court, or
(C) conditions of probation as ordered by the court;
(7) a child or youth may be found "dependent" whose home is a suitable one for the child or youth, save for the financial inability of parents, parent, guardian or other person maintaining such home, to provide the specialized care the condition of the child or youth requires;
(8) "family with service needs" means a family that includes a child who
(A) has without just cause run away from the parental home or other properly authorized and lawful place of abode,
(B) is beyond the control of parent, parents, guardian or other custodian,
(C) has engaged in indecent or immoral conduct,
(D) is a truant or habitual truant or who, while in school, has been continuously and overtly defiant of school rules and regulations, or
(E) is thirteen years of age or older and has engaged in sexual intercourse with another person and such other person is thirteen years of age or older and not more than two years older or younger than such child;
(9) a child or youth may be found "neglected" who
(B) is being denied proper care and attention, physically, educationally, emotionally or morally, or
(C) is being permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth, or
(10) a child or youth may be found "uncared for" who is homeless or whose home cannot provide the specialized care that the physical, emotional or mental condition of the child requires. For the purposes of this section, the treatment of any child by an accredited Christian Science practitioner in lieu of treatment by a licensed practitioner of the healing arts, shall not of itself constitute neglect or maltreatment;
(11) "delinquent act" means the violation of any federal or state law or municipal or local ordinance, other than an ordinance regulating the behavior of a child in a family with service needs, or the violation of any order of the Superior Court;
(12) "serious juvenile offense" means
(A) the violation by a child, including attempt or conspiracy to violate sections 21a-277, 21a-278, 29-33, 29-34, 29-35, 53-21, 53-80a, 53-202b, 53-202c, 53-390 to 53-392, inclusive, 53a-54a to 53a-57, inclusive, 53a-59 to 53a-60c, inclusive, 53a-70 to 53a-71, inclusive, 53a-72b, 53a-86, 53a-92 to 53a-94a, inclusive, 53a-95, 53a-101, 53a-102a, 53a-103a, 53a-111 to 53a-113, inclusive, subdivision (1) of subsection (a) of section 53a-122, subdivision (3) of subsection (a) of section 53a-123, 53a-134, 53a-135, 53a-136a, 53a-166, 53a-167c, subsection (a) of section 53a-174, 53a-196a, 53a-211, 53a-212, 53a-216 or 53a-217b, or
(B) running away, without just cause, from any secure placement other than home while referred as a delinquent child to the Court Support Services Division or committed as a delinquent child to the Commissioner of Children and Families for a serious juvenile offense;
(13) "serious juvenile offender" means any child convicted as delinquent for commission of a serious juvenile offense;
(14) "serious juvenile repeat offender" means any child charged with the commission of any felony if such child has previously been convicted delinquent at any age for two violations of any provision of title 21a, 29, 53 or 53a that is designated as a felony;
(15) "alcohol-dependent child" means any child who has a psychoactive substance dependence on alcohol as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders"; and
(16) "drug-dependent child" means any child who has a psychoactive substance dependence on drugs as that condition is defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders". No child shall be classified as drug dependent who is dependent
(A) upon a morphine-type substance as an incident to current medical treatment of a demonstrable physical disorder other than drug dependence, or
(B) upon amphetamine-type, ataractic, barbiturate-type, hallucinogenic or other stimulant and depressant substances as an incident to current medical treatment of a demonstrable physical or psychological disorder, or both, other than drug dependence.
Sec. 17a-101. (Formerly Sec. 17-38a). Protection of children from abuse. Mandated reporters. Educational and training programs.
(a) The public policy of this state is: To protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe environment for children when necessary; and for these purposes to require the reporting of suspected child abuse, investigation of such reports by a social agency, and provision of services, where needed, to such child and family.
(b) The following persons shall be mandated reporters: Any physician or surgeon licensed under the provisions of chapter 370, any resident physician or intern in any hospital in this state, whether or not so licensed, any registered nurse, licensed practical nurse, medical examiner, dentist, dental hygienist, psychologist, coach of intramural or interscholastic athletics, school teacher, school principal, school guidance counselor, school paraprofessional, school coach, social worker, police officer, juvenile or adult probation officer, juvenile or adult parole officer, member of the clergy, pharmacist, physical therapist, optometrist, chiropractor, podiatrist, mental health professional or physician assistant, any person who is a licensed or certified emergency medical services provider, any person who is a licensed or certified alcohol and drug counselor, any person who is a licensed marital and family therapist, any person who is a sexual assault counselor or a battered women's counselor as defined in section 52-146k, any person who is a licensed professional counselor, any person paid to care for a child in any public or private facility, child day care center, group day care home or family day care home licensed by the state, any employee of the Department of Children and Families, any employee of the Department of Public Health who is responsible for the licensing of child day care centers, group day care homes, family day care homes or youth camps, the Child Advocate and any employee of the Office of Child Advocate.
(c) The Commissioner of Children and Families shall develop an educational training program for the accurate and prompt identification and reporting of child abuse and neglect. Such training program shall be made available to all persons mandated to report child abuse and neglect at various times and locations throughout the state as determined by the Commissioner of Children and Families.
(d) Any mandated reporter, as defined in subsection (b) of this section, who fails to report to the Commissioner of Children and Families pursuant to section 17a-101a shall be required to participate in an educational and training program established by the commissioner. The program may be provided by one or more private organizations approved by the commissioner, provided the entire costs of the program shall be paid from fees charged to the participants, the amount of which shall be subject to the approval of the commissioner.
Sec. 17a-101a. Report of abuse, neglect or injury of child or imminent risk of serious harm to child. Penalty for failure to report.
Any mandated reporter, as defined in section 17a-101, who in the ordinary course of such person's employment or profession has reasonable cause to suspect or believe that any child under the age of eighteen years
(1) has been abused or neglected, as defined in section 46b-120,
(2) has had nonaccidental physical injury, or injury which is at variance with the history given of such injury, inflicted upon such child, or
(3) is placed at imminent risk of serious harm, shall report or cause a report to be made in accordance with the provisions of sections 17a-101b to 17a-101d, inclusive. Any person required to report under the provisions of this section who fails to make such report shall be fined not less than five hundred dollars nor more than two thousand five hundred dollars and shall be required to participate in an educational and training program pursuant to subsection (d) of section 17a-101.
Sec. 17a-101b. Oral report by mandated reporter. Notification of law enforcement agency when allegation of sexual abuse or serious physical abuse. Notification of person in charge of institution, facility or school when staff member suspected of abuse or neglect.
(a) An oral report shall be made by a mandated reporter as soon as practicable but not later than twelve hours after the mandated reporter has reasonable cause to suspect or believe that a child has been abused or neglected or placed in imminent risk of serious harm, by telephone or in person to the Commissioner of Children and Families or a law enforcement agency. If a law enforcement agency receives an oral report, it shall immediately notify the Commissioner of Children and Families.
(b) If the commissioner or the commissioner's designee suspects or knows that such person has knowingly made a false report, the identity of such person shall be disclosed to the appropriate law enforcement agency and to the perpetrator of the alleged abuse.
(c) If the Commissioner of Children and Families, or the commissioner's designee, receives a report alleging sexual abuse or serious physical abuse, including, but not limited to, a report that:
(2) a child has been sexually assaulted;
(3) a child has suffered brain damage or loss or serious impairment of a bodily function or organ;
(4) a child has been sexually exploited; or
(5) a child has suffered serious nonaccidental physical injury, the commissioner shall, within twelve hours of receipt of such report, notify the appropriate law enforcement agency.
(d) Whenever a mandated reporter, as defined in section 17a-101, has reasonable cause to suspect or believe that any child has been abused or neglected by a member of the staff of a public or private institution or facility that provides care for such child or a public or private school, the mandated reporter shall report as required in subsection (a) of this section. The Commissioner of Children and Families or the commissioner's designee shall notify the person in charge of such institution, facility or school or the person's designee, unless such person is the alleged perpetrator of the abuse or neglect of such child. Such person in charge, or such person's designee, shall then immediately notify the child's parent or other person responsible for the child's care that a report has been made.
Sec. 17a-101c. Written report by mandated reporter.
Within forty-eight hours of making an oral report, a mandated reporter shall submit a written report to the Commissioner of Children and Families or his representative. When a mandated reporter is a member of the staff of a public or private institution or facility that provides care for such child or public or private school he shall also submit a copy of the written report to the person in charge of such institution, school or facility or the person's designee. In the case of a report concerning a school employee holding a certificate, authorization or permit issued by the State Board of Education under the provisions of sections 10-144o to 10-146b, inclusive, and 10-149, a copy of the written report shall also be sent by the person in charge of such institution, school or facility to the Commissioner of Education or his representative. In the case of an employee of a facility or institution that provides care for a child which is licensed by the state, a copy of the written report shall also be sent by the mandated reporter to the executive head of the state licensing agency.
Sec. 17a-101d. Contents of oral and written reports.
All oral and written reports required in sections 17a-101a to 17a-101c, inclusive, and section 17a-103, shall contain, if known:
(1) The names and addresses of the child and his parents or other person responsible for his care;
(4) the nature and extent of the child's injury or injuries, maltreatment or neglect;
(5) the approximate date and time the injury or injuries, maltreatment or neglect occurred;
(6) information concerning any previous injury or injuries to, or maltreatment or neglect of, the child or his siblings;
(7) the circumstances in which the injury or injuries, maltreatment or neglect came to be known to the reporter;
(8) the name of the person or persons suspected to be responsible for causing such injury or injuries, maltreatment or neglect; and
(9) whatever action, if any, was taken to treat, provide shelter or otherwise assist the child.
Sec. 17a-101e. Employers prohibited from discrimination against witness in child abuse proceeding. Penalty. Immunity for making report of child abuse in good faith. False report of child abuse. Penalty.
(a) No employer shall discharge, or in any manner discriminate or retaliate against, any employee who in good faith makes a report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, testifies or is about to testify in any proceeding involving child abuse or neglect. The Attorney General may bring an action in Superior Court against an employer who violates this subsection. The court may assess a civil penalty of not more than two thousand five hundred dollars and may order such other equitable relief as the court deems appropriate.
(b) Any person, institution or agency which, in good faith, makes, or in good faith does not make, the report pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103 shall be immune from any liability, civil or criminal, which might otherwise be incurred or imposed and shall have the same immunity with respect to any judicial proceeding which results from such report provided such person did not perpetrate or cause such abuse or neglect. (c) Any person who knowingly makes a false report of child abuse or neglect pursuant to sections 17a-101a to 17a-101d, inclusive, and 17a-103, shall be fined not more than two thousand dollars or imprisoned not more than one year or both.
CHILD DAY CARE CENTERS AND GROUP DAY CARE HOMES - LICENSING REGULATIONS
Section 19a-79-1a. Definitions
(1) "Administration of medication" means the direct application of a medication by inhalation, ingestion or any other means to the body of a person.
(2) "Advanced practice registered nurse" means an individual licensed pursuant to subsection (b) of section 20-94a of the Connecticut General Statutes.
(3) "Alteration" means remodeling or revision that does not change the physical plant of the licensed space.
(4) "Alternate staff" means a substitute.
(5) "Ambient air" means the surrounding air.
(6) "Attendance" means the names and number of children and staff present at the facility on a daily basis.
(7) "Authorized prescriber" means a physician, dentist, advanced practice registered nurse or physician assistant.
(8) "Business day" means the normal and customary work day schedule.
(9) "Child day care center" means a program of supplementary care for more than twelve (12) related or unrelated children outside their own homes on a regular basis for a part of the twenty-four (24) hours in one or more days in the week.
(10) "Commissioner" means the Commissioner of Public Health or the Commissioner's designated representative.
(11) "Conspicuous place" means an area that is easy to notice.
(12) "Continuing education" means attendance at classes, seminars, workshops, conferences or forums, that improve one's knowledge, skills and abilities.
(13) "Contracted services" means services provided that are subject to a written agreement.
(14) "Construction" means the act or process of building.
(15) "Days" means calendar days unless otherwise noted.
(16) "Dentist" means an individual licensed to practice dentistry in this or another state.
(17) "Department" means the Connecticut Department of Public Health or any duly authorized representative thereof.
(18) "Developmentally appropriate practice" means a framework for working with young children to apply current knowledge about how children develop based upon age and the individual needs of each child.
(19) "Director" means the person responsible for the day to day administrative operation of the program, who may be the head teacher.
(20) "Disabled person" means a person who has a physical or mental impairment that substantially limits one or more major life activities, has a record of such an impairment, or is regarded as having such an impairment.
(21) "Early childhood education consultant" means an individual who is a credentialed early childhood specialist with a Child Development Associate Credential, Associate in Arts, Bachelor of Arts, Master of Arts, Doctor of Education, or Doctor of Philosophy in early childhood education, child development or human development or a four (4) year degree in a related field with at least twelve (12) credits in child development or early childhood education, who has two (2) or more years experience administering a licensed child day care center that meets standards comparable to those in Connecticut.
(22) "Employment" means working at a child day care center or group day care home and includes volunteers and alternate staff, who work more than twelve (12) times per year.
(23) "Endorsement" means the specific services for which a program has applied, have been approved by the department and are listed on the face of the license.
(24) "Enrollment" means the number of children registered and who have been admitted to the child day care center or group day care home for any given period of time.
(25) "Expansion" means an increase in the physical size or licensed capacity of the child day care center or group day care home.
(26) "Facility" means the building in which the child day care center or group day care home is housed.
(27) "First aid course" means a specified program of emergency treatment that has been approved by the department as listed in section 19a-79-4a(e) of the Regulations of Connecticut State Agencies.
(28) "Group day care home" means a program of supplementary care for not less than seven (7) nor more than twelve (12) related or unrelated children on a regular basis for a part of the twenty-four (24) hours in one or more days in the week.
(29) "Group size" means the maximum number of children allowed to be cared for together at a given time in a specific area.
(30) "Head teacher" means the person responsible for the day to day educational portion of the child day care center or group day care home who shall be on site for sixty (60) percent of the hours the center is in operation on a weekly basis, who may also be the director.
(31) "Ill child" means one who is excluded from a child care program or school due to discomfort, injury or other symptoms of short term contagious illness.
(32) "Investigational drug" means any medication with an approved investigation new drug application on file with the federal Food and Drug Administration (FDA), that is being scientifically tested and clinically evaluated to determine its efficacy, safety and side effects and that has not yet received FDA approval.
(33) "Job description" means a written outline developed for each position in the facility, containing the qualifications, duties, responsibilities and accountability required of all employees in that position.
(34) "License" means the form of permission issued by the department that authorizes the operation of a child day care center or group day care home.
(35) "Licensed capacity" means the maximum number of children allowed under the license to be in the licensed premises at any one time.
(36) "Licensed premises" means the space identified in the license application in which child day care services are provided.
(37) "Local director of health" means the person appointed as the director of health for a city, town or borough pursuant to section 19a-200 of Connecticut General Statutes or for a health district pursuant to section 19a-242 of the Connecticut General Statutes.
(38) "Meal" means the food served and eaten in one sitting containing the four (4) food groups.
(39) "Medication" means any medicinal preparation including controlled sub stances, as defined in section 21a-240 of the Connecticut General Statutes.
(40) "Night care" means the care provided for one (1) or more hours between the hours of 8:00 P.M. and 6:00 A.M.
(41) "Medication error" means failure to administer medication to a child, or failure to administer medication within one (1) hour of the time designated by the prescribing practitioner, or failure to administer the specific medication prescribed for a child, or failure to administer the medication by the correct route or failure to administer the medication according to generally accepted medical practices, or failure to administer the correct dosage of medication.
(42) "Operator" means a person, group of persons, association, organization, corporation, institution or agency, public or private, who has the legal responsibility for the overall operation of the child day care center or group day care home and to whom the license is issued.
(43) "Parent(s)" means the person(s) responsible for the child and may include the legally designated guardian(s) of such child.
(44) "Physician" means a doctor of medicine or osteopathy licensed to practice medicine in this or another state.
(45) "Physician assistant" means an individual who has two (2) years of pediatric experience and functions under the direction of the consulting physician for the center and meets the requirements of sections 20-12b of the Connecticut General Statutes.
(46) "Primary health care provider" means the person who is responsible for the health care of the child outside the center.
(47) "Program" means the group of services and activities provided in the child day care center or group day care home.
(48) "Program space" means the defined area within a day care center or group day care home in which a safe nurturing environment planned in accordance with the age, group size and child staff ratio promotes physical, social, emotional and cognitive development.
(49) "Program staff" means those persons responsible for the direct care of children.
(50) "Registered nurse" means a person with a license to practice as a registered nurse in Connecticut in accordance with chapter 378 of the Connecticut General Statutes.
(51) "Renovation" means remodeling or revision that changes the physical plant of the licensed space.
(52) "Services" means those specific activities that contribute to the health, education, and welfare of the children.
(53) "Snack" means a light meal containing two (2) food groups.
(54) "Social service consultant" means a person who holds a baccalaureate degree in social work with at least one (1) year of social work experience under social work supervision, or a baccalaureate degree in a field that the Commissioner deems related to social work with at least two (2) years of social work experience under social work supervision.
(55) "Staff" means personnel including volunteers who provide a service to a child day care center or a group day care home.
(56) "Staff child ratio" means the maximum number of children per program staff person.
(57) "Supervision" means the direction and on-site observation of the functions and activities of staff and/or children.
(58) "Supplementary care" means out-of-home care where an individual or organization takes responsibility for the child's activities.
(59) "Vector" means an organism that carries pathogens from one individual or object to another such as flies, mosquitoes, ticks and rodents.
Section 19a-79-2a. Licensure procedures
(a) No person, group of persons, association, organization, corporation, institution or agency, public or private, shall operate a child day care center or group day care home without a license issued by the Department in accordance with sections 19a-77 through 19a-87, of the Connecticut General Statutes and 19a-79a-1a through 19a-79-13, of the Regulations of Connecticut State Agencies.
(1) Application for the initial granting or renewal of a license to operate a child day care center or a group day care home shall be on forms provided by the Department.
(2) The application shall be signed by the operator, who shall be 20 years of age or older if the operator is an individual, or by the legal representative of the operator if the operator is a group of persons, association, organization, corporation, institution or agency, public or private, and shall contain the following information:
(A) a notarized original affidavit on a form supplied by the Department;
(B) the name of the child day care center or the group day care home and address and telephone number (and mailing address, if different);
(C) the name, home address(es) and home phone number(s) of the operator, if the operator is an individual, or of the legal representative of the operator, if the operator is a group of persons, association, organization, corporation, institution or agency, public or private;
(D) a copy of the current fire marshal certificate of approval, written verification of compliance with state and local building codes, local zoning requirements and local health ordinances;
(E) proposed licensed capacity;
(F) ages of children to be served;
(G) days, hours and months of program operation;
(H) The results of criminal checks and a check of the State Child Abuse Registry as required by section 19a-79-4a(b) of the Regulations of Connecticut State Agencies;
(I) all other documentation that the Commissioner deems necessary to establish that the licensee will meet the health, educational and social needs of the children likely to attend the child day care center or group day care home.
(c) Issuance and renewal of a license
(1) Upon determination by the Department that a child day care center or group day care home is in compliance with the state statutes and regulations and local health codes pertaining to its licensure, the Department shall issue:
(A) a six (6) month license for all new programs, or
(B) renewal of a license to operate for a period not to exceed two (2) years.
(2) The license shall be issued to the operator in the name of the child day care center or group day care home and premises as listed on the affidavit. The license shall not be transferable.
(D) the name of the child day care center or group day care home,
(E) the date of expiration of the license, and
(4) The license shall be posted in a conspicuous place in the center or home in an area accessible to the public.
(5) Each operator who desires to make application for or to renew the license shall submit a complete application to the Commissioner at least sixty (60) days prior to the anticipated date of opening or sixty (60) days prior to the expiration of the term for which a license has been issued.
(6) At least every two (2) years, the Commissioner shall make unannounced visits, inspections or investigations of a licensed child day care center or group day care home including viewing the records required by sections 19a- 79-3a through 19a-79-6a, 19a-79-8a, and 19a-79-9 through 19a-79-13 of the Regulations of Connecticut State Agencies.
(7) No license shall be valid after the expiration date identified on the license.
(d) Civil Penalties and Other Disciplinary Remedies
(1) In accordance with the procedures set forth in sections 19a-79(b) and 19a-84 of the Connecticut General Statutes, if the department finds that the operator of a child day care center or group day care home has failed to substantially comply with sections 19a-79-1a through 19a-79-13 of the Regulations of Connecticut State Agencies, the department may, following a contested case hearing only, take any of the following actions, singly or in combination, against the license of the operator:
(A) Revocation of the license;
(B) Suspension of the license for a specific time period, or until regulatory compliance is secured, or conditions deemed necessary to protect the health, safety and welfare of the children cared for in the child day care center or group day care home are met;
(C) The imposition of a civil penalty of up to one hundred dollars ($100.00) per day of violation of sections 19a-79-1a to 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies; or
(D) Place the license on probationary status and impose such conditions or corrective measures which the department deems necessary to assure the health, safety and welfare of the children cared for in the child day care center or group day care home, including but not limited to:
(i) reporting regularly to the department upon the matters, which are the basis of probation;
(ii) placement of restrictions upon the operation of the child day care center or group day care home deemed necessary to protect the health, safety and welfare of the children cared for in the facility; and
(iii) continue or renew professional education until a satisfactory degree of skill has been attained in those areas which are the basis for the probation.
(2) The Commissioner may initiate action against a license or refuse to grant a license whenever in the judgment of the Commissioner the child day care center or group day care home:
(A) fails to substantially comply with:
(i) all applicable federal, state, or local laws;
(ii) ordinances or regulations related to the building, health, fire protection, safety, sanitation or zoning codes; or
(iii) sections 19a-79-1a through 19a-79-13 of the Regulations of Connecticut State Agencies; or
(B) knowingly furnishes or makes any false or misleading statements to the Department in order to obtain or retain the license.
(3) The licensee has a right to a hearing regarding any licensure action as stated in section 19a-84 of the Connecticut General Statutes.
(4) The child day care center or group day care home shall notify the parents of the children using the child day care center or group day care home within twenty-four (24) hours of the Department's revocation or suspension order.
(5) After issuance of the Commissioner's decision to suspend or revoke a license to operate, the license shall be surrendered to the Department on demand.
(e) Voluntary surrender of license
(1) At least thirty (30) days prior to the voluntary termination of day care services the Department and all parents shall be notified in writing by the child day care center or group day care home of its intended date of closing.
(2) When a child day care center or group day care home discontinues the operation for which it is licensed, a written notice of the closing accompanied by the license shall be sent to the Commissioner within ten (10) days after the date of closing. Such a child day care center or group day care home shall be inspected and licensed before reopening for operation.
Section 19a-79-3a. Administration
(a) The operator of the child day care center or group day care home shall be responsible for compliance with the requirements of sections 19a-79-1a through 19a-79-9 of the Regulations of Connecticut State Agencies and applicable endorsements in sections 19a-79-10 through 19a-79-12 in such a manner as to ensure the safety, health and development of the children while in the operator's care.
(b) The operator shall be responsible for the overall management and operation of the child day care center or group day care home in accordance with applicable state and local laws and regulations and shall:
(1) provide and maintain a safely equipped physical plant,
(2) provide programs and services to meet the needs of the children,
(3) employ staff and substitute staff in accordance with section 19a-79-4a of Regulations of Connecticut State Agencies,
(4) submit for the Commissioner's approval the required qualifications and experience of the head teacher on the forms provided,
(5) develop and implement a written organizational chart that establishes a clear line of authority,
(6) define in writing and ensure the performance of the duties and responsibilities of all staff classifications.
(c) The operator shall notify the Department, parents and staff of any changes in programs or services.
(1) Notification of personnel changes shall be made within five (5) business days after the change.
(A) If the change is for a head teacher a plan for interim head teacher coverage shall be submitted to the Department.
(B) A qualified head teacher or a plan approved by the Commissioner shall be in place within thirty (30) days of change of a qualified head teacher.
(2) Notification of changes related to the ownership, location, licensed capacity, fees, services or voluntary closing shall be made at least thirty (30) days prior to the effective date of the proposed change.
(d) The operator shall implement and annually review specific written policies, plans and procedures required by any applicable statute or regulation. The operator shall notify parents, staff, and the Department within five (5) days of changes in these policies, plans, and procedures. The policies, plans, and procedures shall include, but not necessarily be limited to:
(1) daily attendance records for both children and staff, recorded daily and kept on file for at least two (2) years, showing the specific hours present;
(A) including but not necessarily limited to positive guidance, redirection, setting clear limits, continuous supervision by staff during disciplinary action;
(B) specifically prohibiting abusive, neglectful, corporal, humiliating, or frightening punishment, and physical restraint, unless such restraint is necessary to protect the health and safety of the child or other people;
(3) when a child is not picked up as planned including but not necessarily limited to:
(A) staffing of at least two (2) people on the licensed premise,
(B) time frames (for when the policy will be implemented),
(C) parents or emergency contacts,
(E) notification of police department;
(4) emergencies including but not necessarily limited to:
(A) medical emergencies including but not necessarily limited to a personal emergency, accident or illness, designation of a licensed physician or hospital emergency service to be available, transportation to medical services, and notification of parents;
(B) fire emergencies including but not necessarily limited to identification of means of egress, roles and responsibilities of staff, designated safe location for reconvening, and notification of parents;
(C) weather related emergencies including but not necessarily limited to closings, a safe location for children, resources available, and notification of parents;
(D) evacuation including but not necessarily limited to transportation, location of an alternate shelter, community resources, and notification of parents;
(5) supervision of children including but not necessarily limited to:
(B) ratio of staff to children,
(C) indoor and outdoor supervision,
(6) A copy of both section 19a-87a of the Connecticut General Statutes which concerns civil penalties against operators and criminal conviction of an operator or a person employed in a child day care center or group day care home in a position connected with the provision of care to a child receiving child day care services, and section 53-21 of the Connecticut General Statutes which concerns injury or risk of injury to, or impairing morals of children;
(7) general operating policies including but not necessarily limited to:
(A) admission which includes a health record and the ages of children enrolled,
(D) medication policies if applicable,
(E) content and times of meals and snacks,
(F) provisional enrollment period,
(G) days and hours of operation including sick days, holidays and vacations,
(I) access to program and facility;
(8) personnel policies including but not necessarily limited to:
(D) probationary period of staff,
(E) communication with parents.
(e) The operator shall post the following items in a conspicuous place, accessible to the public:
(2) the fire marshal certificate,
(3) the Department complaint procedure,
(4) food service certificate as required by the local director of health,
(7) no smoking signs at entrances,
(8) the most recent Department inspection report posted for thirty (30) of the program's operating days.
(f) Parents shall have access to the child day care center or group day care home during the hours of operation.
(g) The operator shall keep on file for a two (2) year period at the child day care center or group day care home all inspection reports, the current licensing application and correspondence related to licensure which shall be available to parents and the Department on request.
(h) Failure to grant the Department access to the child day care center or group day care home or its records, shall be grounds for suspension or revocation of the license or denial of issuance or renewal of the license.
(i) The operator shall notify each parent, if the Department issues a notice of hearing for the suspension or revocation of the license pursuant to section 19a-84 of the Connecticut General Statutes, of the proceeding and the alleged violation. The notification shall be in writing and sent by United States mail, certified or registered, postage prepaid, return receipt requested not later than ten (10) days before the scheduled hearing date. The operator shall demonstrate compliance with this subsection at the commencement of the hearing. Inability to do so shall be construed as a substantial failure to comply with the regulations and may constitute an additional basis for suspension or revocation of the license in that proceeding without a new statement of charges.
In addition to the requirements of subsection 19a-79-2a(d)(3) of the regulations of Connecticut State Agencies the operator shall notify each parent in writing of the final decision of the Department if one is rendered, within fourteen (14) days of the receipt of the decision.
(j) The operator shall provide to the Department copies of all service contracts or current agreements with consultants, practitioners and agencies used on a regular or consultative basis in the delivery of services within ten (10) days after execution of said contract or agreement. Any changes in said contracts or agreements shall be reported to the Department within ten (10) days.
(k) The operator shall enroll only children for whom the center or home is licensed to provide services. No services that require an endorsement shall be provided without the applicable endorsement from the Department. Categories for licensure are:
(1) six (6) weeks to three (3) years,
(2) preschool (three (3) years to five (5) years),
(3) school age (at least five (5) years of age and attending elementary school),
(l) For September, October, November and December enrollment only, a child who will be three (3) on or before January 1, may be enrolled as a three year old. At any other time of the year a three year old must have had his or her third (3rd) birthday to be considered a three (3) year old.
(m) The operator shall be responsible for compliance with all applicable motor vehicle laws when transporting children enrolled in any child day care center or group day care home.
(a) A file shall be kept on the licensed premises for each employee of the child day care center or group day care home which shall include:
(1) a medical statement signed by a physician, advanced practice registered nurse or physician assistant, completed within twelve (12) months before the date of employment for new staff, and every twenty-four (24) months for current staff, such statement to document the presence of any known medical or emotional illness or disorder that would currently pose a risk to children in care or would currently interfere with effective functioning as an employee of a child day care center or group day care home;
(2) upon employment, a written report of a negative tuberculin test completed within twelve (12) months prior to the date of employment or for a known prior reactor, no evidence of active tuberculosis on a chest x-ray;
(3) documentation of continuing education for each full time or part time staff person who cares for the children.
(b) For each prospective employee:
(1) A completed state and a completed federal fingerprint card shall be submitted to the department for a State Police Bureau of Identification and a Federal Bureau of Investigation Criminal Records check; and
(2) That person's name, address, social security number and date of birth shall be submitted to the Department for a check of the State Child Abuse Registry on forms approved by the Department.
(c) The operator shall maintain a staff adequate for the number, ages and developmental needs of the children to be accommodated.
(1) A designated head teacher shall be on site for sixty percent (60%) of the time the child day care center is in operation on a weekly basis.
(2) There shall be at least two (2) staff eighteen (18) years of age or older on the premises when one (1) or more children are in attendance. The staff shall be available to care for the children.
(3) All staff in the child day care center and group day care home shall have the personal qualities necessary to:
(A) care for and work with children,
(4) Proper staff child ratios shall be maintained at all times.
(A) There shall be at least one (1) program staff person for every ten (10) children, or fraction thereof in attendance.
(B) When there is a mixed age group the lower required ratio for the age of the youngest child shall prevail.
(5) Group size shall be maintained at all times.
(A) The group size shall not exceed twenty children.
(B) When there is a mixed age group the smaller required group size shall prevail.
(6) During nap time the overall staff child ratios shall be maintained on the licensed premises.
(d) Programs shall have the following staff:
(1) A designated head teacher shall submit to the Department written verification of being twenty (20) years of age or older, having the personal qualifications needed to supervise people, and having:
(A) in a child day care center,
(i) a high school diploma or equivalency certificate,
(ii) at least one thousand and eighty (1080) hours of documented supervised experience over a nine (9) month span of time, including working with children in a program with these standards or comparable standards in this or another state, which program serves children of the same ages and developmental stages who are served at the child day care center, and one of the following: a current center-based Child Development Associate Credential issued from the Council for Early Childhood Professional Recognition, or twelve (12) credits in early childhood education or child development from an accredited institution of higher education with program approval from the Board of Governors of Higher Education, or
(iii) approval by the Department as a head teacher prior to January 1, 1994;
(i) a high school diploma or equivalency certificate,
(ii) at least one thousand and eighty (1080) documented hours of experience over a nine (9) month span of time working with unrelated children of the same ages and developmental stages to be served in this home;
(C) in a child day care center or group day care home,
(i) a four (4) year college degree in early childhood education or child development from an accredited institution of higher education with program approval from the Board of Governors of Higher Education, and
(ii) at least three hundred sixty (360) hours of documented supervised experience in working with unrelated children of the same age(s) to be served in this child day care center or group day care home with these standards or comparable standards in this or another state and at least one (1) semester of student teaching with children of the same age(s) and developmental stages that are served in the center or home.
(2) A second program person who works under supervision of the head teacher shall be eighteen (18) years of age or older and have at least one of the following:
(B) an equivalency certificate, or
(C) at least five hundred and forty (540) hours documented experience in working with unrelated children of the same age(s) to be served in this child day care center or group day care home.
(3) Other program assistants shall be able to work under supervision and shall be at least sixteen (16) years of age.
(4) Additional program staff shall be sufficient to provide care of children during all hours of operation in keeping with group size and ratio.
(1) At all times the child day care center is in operation there shall be present at least one (1) staff member who has current certification in cardiopulmonary resuscitation (CPR) by the American Red Cross or the American Heart Association, appropriate for all of the children served at the child day care center. For child day care centers licensed prior to January 1, 2003, the CPR requirement shall become effective on January 1, 2004. For child day care centers newly licensed on or after January 1, 2003, this requirement shall become effective upon licensure.
(2) In addition, at all times the child day care center or group day care home is in operation, there shall be present at least one (1) staff member who has successfully completed within the past three (3) years a Department approved first aid course that meets the following requirements:
(A) It shall be at least six (6) hours in length.
(B) Instruction shall include, but not necessarily be limited to:
(i) the recognition and emergency management of bleeding, burns, poisoning, anaphylaxis, respiratory distress including choking, musculo-skeletal injury, seizures, wounds including insect bites, head injuries, shock, loss of consciousness, dental emergencies, child abuse and sexual abuse;
(ii) communicable disease prevention, recognition and management which includes a discussion of transmission through the intestinal tract, the respiratory system, and direct contact; hygiene including handwashing, cleaning and disinfection; diapering techniques; signs and symptoms of illness, including fever, rash, and vomiting; temperature taking; education in specific communicable disease including, but not necessarily limited to, diarrheal diseases, bacterial meningitis, chicken pox, hepatitis, strep throat, head lice, scabies, and vaccine-preventable diseases;
(iii) accident prevention and safety including, but not necessarily limited to: safety for the indoor environment and outdoor play area, first aid supplies for day care centers, child restraint systems and seat belt safety in accordance with section 14-100a of the Connecticut General Statutes and section 14-100a-1 of the Regulations of Connecticut State Agencies.
(C) Instruction shall be provided by a person who meets at least one of the following requirements:
(i) a currently certified American Red Cross First Aid Instructor,
(ii) a physician, physician assistant, advanced practice registered nurse or registered nurse, or
(iii) a certified emergency medical technician.
(D) The course outline and all other written materials used in the course shall be submitted to the Department and shall not be used without approval by the Department.
(f) The child day care center or group day care home shall keep on file written verification of compliance with subsection (e) of this section for each staff member who the child day care center or group day care home designates to meet the requirements of such subsection. Such verification shall be maintained for three (3) years after the date that staff member completed first aid training for group day care homes and child day care centers, or CPR training as required for child day care centers only. Verification shall be one of the following:
(1) written verification or certification in CPR from the American Red Cross or the American Heart Association that is signed and dated by a representative of the American Red Cross or the American Heart Association; or
(2) written verification by a representative of the organization, physician, physician assistant, advanced practice registered nurse, registered nurse or certified emergency medical technician who conducted the training.
(g) Continuing education for program staff shall be required for one (1) per cent of the total annual hours worked. Such education may include early childhood education and child development, licensing and regulations, health issues, nutrition, first aid, social services and child abuse laws.
(1) The operator of the child day care center or group day care home shall develop, implement and maintain a written plan for continuing education in child care.
(2) The operator shall have documentation of continuing education as defined in section 19a-79-1a of the Regulations of Connecticut State Agencies for each staff member which shall be maintained and made available for review.
(h) A written plan for consultation services shall be developed and implemented.
(1) These services shall include:
(A) an early childhood education consultant available to the operator and staff for advice and support regarding the educational content of the program; anyone approved as an early childhood consultant prior to January 1, 1994, will continue to be an approved early childhood educational consultant, except for good cause shown;
(B) a physician, physician assistant, advanced practice registered nurse or registered nurse consultant available to the operator and staff for advice regarding the health of the children and the health program;
(C) a dentist or dental hygienist consultant available to the operator and staff for advice regarding the dental health of children or a dental health education program;
(D) a social service consultant available to the operator and staff for advice regarding the emotional needs, staff support and the social service program;
(E) a registered dietitian consultant available to the operator and staff for advice regarding nutrition and food service for those programs that serve meals.
(2) The written plan for each consultative service shall include but not necessarily be limited to:
(A) annual review of policies;
(B) annual review of inservice education programs;
(C) availability by telecommunication for advice regarding problems;
(D) availability, in person, of the consultant to the program.
(3) Program staff may not serve as consultants for programs in which they provide direct care or direct program supervision.
Section 19a-79-5a. Record keeping
(a) The operator of a child day care center or group day care home is responsible for maintaining on the licensed premises a current record for each child enrolled. A copy of the record shall be available and provided upon request to the Department, the child's parents and the local health director. It shall include but not necessarily be limited to:
(1) enrollment information and permission forms signed and dated by a parent that shall include but not necessarily be limited to:
(A) the child's name, address, date of birth, and date enrolled;
(B) the residence, business address(es) and telephone number(s) of the parent(s);
(C) the name and telephone number of the child's physician or other primary health care provider;
(D) specific written permission forms signed by the parent(s) authorizing:
(i) the operator to use previously selected emergency policies as described in section 19a-79-3a(d) (4) of the Regulations of Connecticut State Agencies which shall accompany the child on trips away from the premises;
(ii) the name and telephone number of one responsible person other than the parents who can remove the child from the child day care center or group day care home;
(iii) any activity away from the premises;
(2) a health record that shall include but not necessarily be limited to:
(B) except as provided in subsection (b) of this section, a physical examination form signed by a physician, physician assistant or advanced practice registered nurse completed within one (1) year prior to enrollment, which form shall provide a statement about the child's general health and the presence of any known medical or emotional illness or disorder that would currently pose a risk to other children or which would currently affect this child's functional ability to participate safely in a day care setting;
(C) an immunization record that includes the month, day, and year of each immunization required for admission as specified in subdivision (1) of subsection (d) of section 19a-79-6a of the Regulations of Connecticut State Agencies and such documentation as is required to confirm age appropriate immunization, immunization in progress or exemption to immunization as defined in subdivision (3) of subsection (d) of section 19a-79-6a of the Regulations of Connecticut State Agencies. The immunization record and said documentation of immunizations shall be submitted to the Department upon request;
(D) except as provided in subsection (b) of this section, a physical examination form completed and signed by a physician, physician assistant or advanced practice registered nurse yearly from the date of the initial physical examination, which form shall provide a statement about the child's general health and the presence of any known medical or emotional illness or disorder that would currently po