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.(b)Application for licensure(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 for initial licensure shall be signed by the operator, who shall be twenty (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) criminal checks and a check of the State Child Abuse Registry as required by section 19a-79-4 a(b) of the Regulations of Connecticut State Agencies; and(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 two (2) year license for all new programs.(2) Renewal of a license shall be contingent upon payment of the licensure fee for the period specified in section 19a-80 of the Connecticut General Statutes.(3) 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.(4) Each license shall list:(C) the licensed capacity,(D) the name of the child day care center or group day care home,(E) the date of expiration of the license, and(F) the services offered.(5) The license shall be posted in a conspicuous place in the child day care center or group day care home in an area accessible to the public.(6) Each operator who desires to make application for a license shall submit a complete application to the commissioner at least sixty (60) days prior to the anticipated date of opening.(7) At least every two (2) years, the commissioner and the local health director 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 section 19a-79-1 a to section 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies.(8) If a completed application for renewal of the license has been submitted in a timely manner to the department, but has not been acted upon by the commissioner, the license shall be valid until the commissioner makes a decision on such application.(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 section 19a-79-1 a to section 19a-79-13, inclusive, 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 for each day of violation of sections 19a-79-1 a to 19a-79-1 3, 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, whenever in the judgment of the commissioner, the operator or a person who has an ownership interest or serves as an officer, corporate director, managing member or managing partner of the operator:(A) fails or previously failed 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;(iii) sections 19a-79-1a to section 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies; or(iv) sections 19a-87b-1 to section 19a-87b-18, inclusive, of the Regulations of Connecticut State Agencies.(B) knowingly furnishes or makes any false or misleading statements to the department in order to obtain or retain the license.(3) The commissioner may refuse to grant a license to an applicant whenever, in the judgment of the commissioner, the applicant:(A) fails or previously failed 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;(iii) sections 19a-79-1 a to section 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies; or(iv) sections 19a-87b-1 to section 19a-87b-18, inclusive, of the Regulations of Connecticut State Agencies.(B) knowingly furnishes or makes any false or misleading statements to the department in order to obtain the license.(C) For the purposes of this section, the history of a licensee of which an officer, corporate director, managing member or managing partner of the applicant or the applicant had an ownership interest or served as an officer, corporate director, managing member or managing partner shall be considered as attributable to the applicant in assessing compliance under subparagraph (A) of this subdivision.(4) The licensee has a right to a hearing regarding any licensure action as stated in section 19a-84 of the Connecticut General Statutes.(5) The child day care center or group day care home shall notify the parent(s) 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.(6) 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 the parent(s) 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.Conn. Agencies Regs. § 19a-79-2a
Effective July 27, 1993; Amended March 4, 1999; Amended March 29, 2001; Amended March 8, 2004; Amended November 6, 2008