Sec. 19a-87b. (Formerly Sec. 17-585(b)-(d)). License required for family day care homes. Criminal history records checks. Regulations. Fees. Notification of changes in regulations.
Sec. 19a-87b. (Formerly Sec. 17-585(b)-(d)). License required for family day
care homes. Criminal history records checks. Regulations. Fees. Notification of
changes in regulations. (a) No person, group of persons, association, organization,
corporation, institution or agency, public or private, shall maintain a family day care
home, as defined in section 19a-77, without a license issued by the Commissioner of
Public Health. Licensure forms shall be obtained from the Department of Public Health.
Applications for licensure shall be made to the commissioner on forms provided by the
department and shall contain the information required by regulations adopted under this
section. The licensure and application forms shall contain a notice that false statements
made therein are punishable in accordance with section 53a-157b. Applicants shall state,
in writing, that they are in compliance with the regulations adopted by the commissioner
pursuant to subsection (c) of this section. Before a family day care home license is
granted, the department shall make an inquiry and investigation which shall include a
visit and inspection of the premises for which the license is requested. Any inspection
conducted by the department shall include an inspection for evident sources of lead
poisoning. The department shall provide for a chemical analysis of any paint chips found
on such premises. Neither the commissioner nor the commissioner's designee shall
require an annual inspection for homes seeking license renewal or for licensed homes,
except that the commissioner or the commissioner's designee shall make unannounced
visits, during customary business hours, to at least thirty-three and one-third per cent
of the licensed family day care homes each year. A licensed family day care home shall
not be subject to any conditions on the operation of such home by local officials, other
than those imposed by the department pursuant to this subsection, if the home complies
with all local codes and ordinances applicable to single and multifamily dwellings.
(b) The Commissioner of Public Health, within available appropriations, shall require each initial applicant or prospective employee of a family 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. The commissioner shall notify each licensee of the provisions of this subsection.
(c) The Commissioner of Public Health shall adopt regulations, in accordance with
the provisions of chapter 54, to assure that family day care homes, as defined in section
19a-77, shall meet the health, educational and social needs of children utilizing such
homes. Such regulations shall ensure that the family day care home is treated as a residence, and not an institutional facility. Such regulations shall specify that each child 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. Such regulations shall provide appropriate exemptions for children for
whom such immunization is medically contraindicated and for children whose parents
object to such immunization on religious grounds. Such regulations shall also specify
conditions under which family 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 day care services at a family day care home pursuant to a
written order of a physician licensed to practice medicine in this or another state, 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. Such regulations
shall specify appropriate standards for extended care and intermittent short-term overnight care. 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 any
new or changed regulations adopted under this subsection with which a licensee must
comply.
(d) Applications for initial licensure under this section submitted prior to October
1, 2008, shall be accompanied by a fee of twenty dollars and such licenses shall be
issued for a term of two years. Applications for renewal of licenses granted under this
section submitted prior to October 1, 2008, shall be accompanied by a fee of twenty
dollars and such licenses shall be renewed for a term of two years. No such license shall
be renewed unless the licensee certifies that the children enrolled in the family day
care home have received age-appropriate immunization in accordance with regulations
adopted pursuant to subsection (c) of this section.
(e) Each license issued on or after October 1, 2008, shall be for a term of four years,
shall be nontransferable and may be renewed upon payment of the licensure fee and a
signed statement from the licensee certifying that the children enrolled in the family day
care home have received age-appropriate immunization in accordance with regulations
adopted pursuant to subsection (c) of this section. The Commissioner of Public Health
shall collect from the licensee of a family day care home a fee of forty dollars for each
license issued or renewed for a term of four years.
(P.A. 94-181, S. 1, 7; P.A. 95-257, S. 12, 21, 58; 95-360, S. 13, 32; P.A. 96-19, S. 1; 96-180, S. 55, 166; P.A. 97-14,
S. 2; 97-259, S. 36, 41; P.A. 98-250, S. 15, 39; June Sp. Sess. P.A. 98-1, S. 79, 121; June Sp. Sess. P.A. 99-2, S. 70; P.A.
00-27, S. 11, 12, 24; P.A. 01-175, S. 16, 32; P.A. 03-243, S. 12; P.A. 05-207, S. 10; P.A. 07-129, S. 4.)
History: P.A. 94-181 transferred responsibility for licensing family day care homes from social services department to
public health and addiction services department, as a result of which Subsecs. (b) to (d), inclusive, were transferred editorially by the Revisors to Sec. 19a-87a in 1995; P.A. 94-181 also added provision in Subsec. (c) requiring regulations to
ensure family day care homes are treated as residences rather than as institutional facilities, effective July 1, 1994; P.A.
95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 95-360 deleted department's authority to purchase services in Subsec.
(a) and amended Subsec. (c) to establish increase in fees after 1995, effective July 13, 1995; P.A. 96-19 expanded written
orders by physicians in Subsec. (b) to include advanced practice registered nurses and physician assistants; P.A. 96-180
made a technical change in Subsec. (a), substituting reference to Sec. 53a-157b for Sec. 53a-157, effective June 3, 1996;
P.A. 97-14 added provision re diabetes monitoring in former Subsec. (b); P.A. 97-259 added new Subsec. (b) re criminal
records checks and child abuse registry checks and redesignated for Subsecs. (b) and (c) as Subsecs. (c) and (d), effective
July 1, 1997; P.A. 98-250 amended Subsec. (c) to require plain language summary of regulations, effective July 1, 1998;
June Sp. Sess. P.A. 98-1 made a technical change in Subsec. (b), effective June 24, 1998; June Sp. Sess. P.A. 99-2 amended
Subsec. (b) by changing "criminal records check" and "criminal history records checks" to "fingerprint criminal records
check" and "fingerprint criminal history records checks"; P.A. 00-27 made technical changes in Subsecs. (a) and (d),
effective May 1, 2000; P.A. 01-175 amended Subsec. (b) by replacing language re fingerprint criminal records checks as
a permissive request with language re mandatory state and national criminal history records checks pursuant to Sec. 29-17a, deleted language re fee and made technical changes, effective July 1, 2001; P.A. 03-243 added "for perpetrator
information" in Subsec. (b); P.A. 05-207 amended Subsec. (b) to delete requirement that commissioner request check of
state child abuse registry for perpetrator information; P.A. 07-129 amended Subsec. (a) to prohibit commissioner's designee
from requiring annual inspection and to allow commissioner's designee to make unannounced visits during customary
business hours, amended Subsec. (d) to limit $20 fee for initial licensure and license renewals to applications submitted
prior to October 1, 2008, and added Subsec. (e) to extend the license term from 2 to 4 years and increase license fee from
$20 to $40 for licenses issued on and after October 1, 2008.
Cited. 237 C. 272. Sec. 19a-87b et seq. cited. Id.