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Connecticut eRegulations System

Agency Regulations

Operation of Child-Caring Agencies and Facilities

Section 17a-145-48. Definitions

As used in sections 17a-145-48 to 17a-145-129, except as otherwise provided therein:

(a) "Child-care facility" means a congregate residential setting for the out-of-home placement of children or youth under eighteen years of age, licensed by the department of children and families.

(b) "Group of persons, whether incorporated for the purpose or not" includes an agency, firm, association, or organization operating the child-care facility, whether for compensation or not.

(c) "Department" means the department of children and families.

(d) "Commissioner" means the Commissioner of children and families.

(e) "Child" means any person under eighteen years of age not related to the owner of the child-care facility.

(f) "Related" means a relative, by blood or marriage, descended from a common ancestor not more than three generations removed from said child.

(Effective February 20, 1997)

Section 17a-145-49. Issuance of license. Not transferable or assignable

A license to care for or board a child shall be issued only to the child-care facility for which application is made and only for the address shown on the application and shall not be transferable or assignable.

(Effective February 1, 1994)

Section 17a-145-50. Display of license

Each child-care facility to which a license has been granted by the Commissioner for the care or board of a child shall publicly display the license on its premises or show it, upon request, to the person or organization seeking to place a child.

(Effective February 1, 1994)

Section 17a-145-51. Access of Commissioner or designee to premises

Each license shall be conditioned on the granting to the Commissioner or his designee access, at any reasonable time as deemed necessary by him, to the premises described on the license. In cases of suspected child abuse/neglect, unrestricted access shall be at any time.

(Effective February 1, 1994)

Section 17a-145-52. Interstate placement of children

All facilities licensed under this section shall comply with all state laws regarding the interstate placement of children prior to accepting placement of a child from out of state in accordance with Sections 17a-152, 46b-151 et seq. and 17a-175 through 17a-182 of the Connecticut General Statutes.

(Effective February 1, 1994)

Section 17a-145-53. Consultation with licensee

Except as provided in §17a-145-56 the department shall make every effort to consult with the licensee to achieve compliance with these regulations.

(Effective February 1, 1994)

Section 17a-145-54. Causes for revoking or refusing to renew license

A license may be suspended, revoked, or its renewal refused for any of the following causes whenever in the judgment of the Commissioner or his designee the child-care facility:

(a) Fails to comply with the regulations prescribed by the Commissioner;

(b) Fails to comply with applicable state and local laws, ordinances, rules and regulations relating to building, health, fire protection, safety, sanitation and zoning;

(c) Violates any of the provisions under which the license has been issued;

(d) Furnishes or makes any false or misleading statements to the Commissioner in order to obtain or retain the license;

(e) Refuses or fails to submit reports or make records available when requested by the Commissioner or his designee;

(f) Fails or refuses to admit the Commissioner or his designee at any reasonable time as deemed necessary by him, or in cases of suspected child abuse at any time, for the purpose of investigation.

(Effective February 1, 1994)

Section 17a-145-55. Hearing on revocation

Any child-care facility may, within 15 days after receipt by certified mail of notice of refusal to renew or intended revocation of a license, request an administrative hearing thereon in accordance with the Uniform Administrative Procedures Act, Chapter 54, Connecticut General Statutes. Revocation or denial of renewal of license shall be stayed until such hearing is held except as provided in section 4-182 subsection (c). In the absence of such request for a hearing during this time period, the license shall either be revoked or not renewed. Applicants for initial licensure who are aggrieved by the refusal of the department to issue a license may request a hearing thereon by putting such request in writing to the Commissioner.

(Effective February 1, 1994)

Section 17a-145-56. Suspension of license

If the department finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

(Effective February 1, 1994)

Section 17a-145-57. Return of license to the Commissioner

Upon discontinuance of the licensed program or revocation of the license, the license shall be returned by the child-care facility to the Commissioner within 14 days after receipt of such request.

(Effective February 1, 1994)

Section 17a-145-58. Waiver of requirements

A child-care facility shall comply with all relevant regulations unless a waiver for specific requirement(s) has been granted through a prior written agreement with the department. This agreement shall specify the particular requirement(s) to be waived, the duration of the waiver, and the terms under which waiver is granted. Waiver of specific requirements shall be granted only when the facility has documented that the intent of the specific requirement(s) to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement(s). When the facility fails to comply with the waiver agreement in any particular, the agreement shall be subject to immediate cancellation.

(Effective February 1, 1994)