§ 17a-145 — (Formerly Sec. 17-48). Licensing of child care facilities. Exemptions. Designation of on-site staff person to apply reasonable and prudent parent standard.

Connecticut § 17a-145

• Jurisdiction: Connecticut
• Title 17a: Social and Human Services and Resources
• Ch. 319a: Child Welfare

Text

(a) No person or entity shall care for or board a child without a license obtained from the Commissioner of Children and Families, except: (1) When a child has been placed by a person or entity holding a license from the commissioner; (2) any residential educational institution exempted by the State Board of Education under the provisions of section 17a-152; (3) residential facilities under contract with or licensed by the Department of Developmental Services pursuant to section 17a-227; (4) facilities providing child care services, as defined in section 19a-77; or (5) any home that houses students participating in a program described in subparagraph (B) of subdivision (8) of section 10a-29. The person or entity seeking a child care facility license shall file with the commissioner an application for a license, in such form as the commissioner furnishes, stating the location where it is proposed to care for such child, the number of children to be cared for, in the case of a corporation, the purpose of the corporation and the names of its chief officers and of the actual person responsible for the child. The Commissioner of Children and Families is authorized to fix the maximum number of children to be boarded and cared for in any such home or institution or by any person or entity licensed by the commissioner. If the population served at any facility, institution or home operated by any person or entity licensed under this section changes after such license is issued, such person or entity shall file a new license application with the commissioner, and the commissioner shall notify the chief executive officer of the municipality in which the facility is located of such new license application, except that no confidential client information may be disclosed. (b) The Commissioner of Children and Families shall adopt regulations, in accordance with the provisions of chapter 54, setting forth standards for the licensing of child care facilities. Such regulations shall include, but not be limited to, minimum standards for (1) the physical requirements of such facilities, (2) the care and treatment of children cared for or boarded in such facilities, and (3) the staffing of such facilities. (c) Each person or entity licensed by the commissioner pursuant to subsection (a) of this section shall designate an on-site staff member who shall apply a reasonable and prudent parent standard, as defined in subsection (a) of section 17a-114d , on behalf of the child. (d) The Commissioner of Children and Families shall not be responsible for the licensing of any facility that does not board or care for children or youths under eighteen years of age. See Sec. 17a-151 re criminal history records checks.

Legislative History

(1949 Rev., S. 2638; 1961, P.A. 601, S. 1; P.A. 73-62, S. 1, 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-108, S. 1, 4; P.A. 79-631, S. 71, 111; P.A. 82-261, S. 1, 6; P.A. 85-56; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 8; P.A. 05-71, S. 1; 05-246, S. 13; P.A. 07-73, S. 2(a); 07-252, S. 62; P.A. 09-205, S. 7; P.A. 15-199, S. 6; 15-227, S. 25; P.A. 16-121, S. 2; P.A. 17-81, S. 8; P.A. 18-67, S. 10.) History: 1961 act deleted requirement that annual report be filed; P.A. 73-62 included commissioner of children and youth services in licensing authority, added provisions re annual report and clarified powers of children and youth services commissioner; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A. 77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 78-108 required license for nonexempt residential educational institutions; P.A. 79-631 deleted reference to commissioner of human resources and obsolete limitation on powers of children and youth services commissioner; P.A. 82-261 provided the exemption for family day care homes; P.A. 85-56 replaced an exception for family day care homes with the exception for facilities providing child day care services; Sec. 17-48 transferred to Sec. 17a-145 in 1991; P.A. 93-91 substituted commissioner and department of children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 96-194 replaced obsolete language categorizing entities which may care for or board a child with new provisions and made technical corrections; P.A. 05-71 made a technical change and added requirements that new license application be filed with commissioner if population at facility, institution or home changes and that commissioner notify chief executive officer of municipality in which facility located of such application; P.A. 05-246 added new Subdiv. (3) re exception for residential facilities licensed by Department of Mental Retardation pursuant to Sec. 17a-227, redesignated existing Subdiv. (3) as Subdiv. (4) and made a technical change; pursuant to P.A. 07-73 “Department of Mental Retardation” was changed editorially by the Revisors to “Department of Developmental Services”, effective October 1, 2007; P.A. 07-252 added Subdiv. (5) re exemption for homes that house students participating in the “A Better Chance” program or similar programs, effective July 1, 2007; P.A. 09-205 eliminated annual report requirement, effective July 1, 2009; P.A. 15-199 designated existing provisions re care and boarding of child as Subsec. (a) and added Subsec. (b) re designation of on-site staff member to apply reasonable and prudent parent standard, effective July 1, 2015; pursuant to P.A. 15-227, “child day care services” was changed editorially by the Revisors to “child care services”, effective July 1, 2015; P.A. 16-121 added Subsec. (c) re commissioner's responsibility for licensing of facility that does not board or care for children or youths under 18 years of age, effective June 7, 2016; P.A. 17-81 added new Subsec. (b) re adoption of regulations and redesignated existing Subsecs. (b) and (c) as Subsecs. (c) and (d), effective July 1, 2017; P.A. 18-67 amended Subsec. (a)(3) by adding “under contract with or”, effective July 1, 2018. Annotation to former section 17-48: Cited. 214 C. 560.