2005 Connecticut Code - Sec. 19a-87e. (Formerly Sec. 17-588). Family day care homes: Discretion in the issuance of licenses. Suspension. Revocation. Denial of initial license application. Notification of criminal conviction. False statements. Reporting of violations.
Sec. 19a-87e. (Formerly Sec. 17-588). Family day care homes: Discretion in the
issuance of licenses. Suspension. Revocation. Denial of initial license application.
Notification of criminal conviction. False statements. Reporting of violations. (a)
The Commissioner of Public Health may refuse to license under section 19a-87b, a
person to own, conduct, operate or maintain a family day care home, as defined in section
19a-77, or to suspend or revoke the license or take any other action that may be set forth
in regulation that may be adopted pursuant to section 19a-79 if the person who owns,
conducts, maintains or operates the family day care home, or a person employed in such
family day care home 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, 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 family day care home, or if such
persons or a person residing in the household has been convicted in this state or any
other state 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, a violation of section 53a-70, 53a-70a, 53a-70b, 53a-71,
53a-72a, 53a-72b or 53a-73a, illegal manufacture, distribution, sale, prescription, dispensing or administration under section 21a-277 or 21a-278, or illegal possession under
section 21a-279, or if such person, or a person employed in such family day care home
in a position connected with the provision of care to a child receiving child day care
services, either fails to substantially comply with the regulations adopted pursuant to
section 19a-87b or conducts, operates or maintains the home in a manner which endangers the health, safety and welfare of the children receiving child day care services. Any
refusal of a license pursuant to this section shall be rendered in accordance with the
provisions of sections 46a-79 to 46a-81, inclusive. Any person whose license has been
revoked pursuant to this section shall be ineligible to apply for a license for a period of
one year from the effective date of revocation.
(c) Any person who is licensed to conduct, operate or maintain a family day care home shall notify the commissioner of any conviction of the owner, conductor, operator or maintainer of the family day care home or of any person residing in the household or any person employed in such family day care home in a position connected with the provision of care to a child receiving child day care services, of a crime which affects the commissioner's discretion under subsection (a) of this section, immediately upon obtaining knowledge of such conviction. Failure to comply with the notification requirement of this subsection may result in the suspension or revocation of the license or the taking of any other action against a license set forth in regulation adopted pursuant to section 19a-79 and shall subject the licensee to a civil penalty of not more than one hundred dollars per day for each day after the person obtained knowledge of the conviction.
(d) 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 family day care home 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 such person does not believe to be true and is intended to mislead the prospective employer.
(e) Any person having reasonable cause to believe that a family day care home, as defined in section 19a-77, is operating without a current and valid license or in violation of the regulations adopted under section 19a-87b 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 any office of 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 from such report or complaint, or (3) a license action pursuant to subsection (a) of this section results from such report or complaint. 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.
(P.A. 82-261, S. 5, 6; P.A. 84-290; P.A. 86-417, S. 9, 15; P.A. 87-127; P.A. 89-8, S. 1, 2; 89-206, S. 1; P.A. 93-262, S. 47, 87; P.A. 94-181, S. 4, 7; P.A. 95-257, S. 12, 21, 58; 95-360, S. 15, 32; P.A. 97-259, S. 37, 41; P.A. 00-27, S. 13, 24; 00-135, S. 4, 21.)
History: P.A. 84-290 amended Subsecs. (a) and (b) by adding the reference to a person residing in the household and also amended Subsec. (a) by adding sexual assault, illegal manufacture, distribution, sale, prescription, dispensing or administration and illegal possession to the list of crimes and amended Subsec. (b) by deleting the word "criminal" and adding "a crime which affects the commissioner's discretion under Subsec. (a)"; P.A. 86-417 substituted references to registration for references to licensure; P.A. 87-127 amended Subsec. (a) by adding (1) language allowing the commissioner to suspend or revoke registration for noncompliance with regulations or for operation in a manner which endangers the health, safety and welfare of the children and (2) language on ineligibility for one year from the effective date of revocation; P.A. 89-8 deleted provision in Subsec. (a) which had authorized commissioner to suspend or revoke registration of family day care home owner or operator and substituted reference to Sec. 17-31q for reference to Sec. 17-31a; P.A. 89-206 added a new Subsec. (d) re the reporting of family day care homes operating without a current and valid registration, in violation of regulations or in a manner which may pose a potential danger to the health, welfare and safety of a child; Sec. 17-31t transferred to Sec. 17-588 in 1991; P.A. 93-262 replaced commissioner and department of human resources with commissioner and department of social services and substituted references to licensure for references to registration, effective July 1, 1993; P.A. 94-181 transferred licensure program of family day care homes from the department of social services to the department of public health and addiction services, effective July 1, 1994; Sec. 17-588 transferred to Sec. 19a-87e in 1995; 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 amended Subsec. (a) and (c) to allow any action set forth in regulation, inserted new Subsec. (b) re sending notice and a hearing, relettering the remaining Subsecs., and added provisions in Subsec. (d) re disclosure of investigation records, effective July 13, 1995; P.A. 97-259 amended Subsec. (a) to cover convictions in other states, to add felonies involving the use, attempted use or threatened use of physical force against another person, to add any felony where the victim of the felony is a child under eighteen years of age and to make technical changes, effective July 1, 1997; P.A. 00-27 made technical changes in Subsec. (c), effective May 1, 2000; P.A. 00-135 made technical changes and amended Subsec. (b) by deleting language re license applicant and refusing a license and adding provisions re denial of initial license application, effective May 26, 2000.
Annotations to former section 17-588:
Subsec. (a):
Cited. 237 C. 272, 278.
Subsec. (b):
Incorrectly cited as Sec. 17-585(b). 42 CA 92.
Annotations to present section:
Sec. 19a-87b et seq. cited. 237 C. 272, 275.
Cited. 42 CA 92.
Cited. 44 CS 223.
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