(a)License TermThe license shall be issued for the period specified in section 19a-87b of the Connecticut General Statutes.
(b)SuitabilityA license shall not be issued to any applicant, or renewed for a provider, unless the commissioner finds that such applicant or provider is a suitable person to care for children in a family child care home and meets and agrees to comply with sections 19a-87b-1 to 19a-87b-18, inclusive, of the Regulations of Connecticut State Agencies. Suitability shall be determined by a review of the application materials, references, any criminal records, law enforcement records, medical records, protective services records, records pertaining to compliance with sections 19a-79-1 a to 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies and any other relevant material obtained by the Office. The commissioner shall, after reviewing all the circumstances, make a determination whether the applicant or provider is a suitable person to care for children in a family child care home and whether the children's health and safety would be at risk under said applicant or provider's care.
(c)Nontransferability of the LicenseAn applicant may apply for a license only in the applicant's own name and only for the premises indicated on the application, which premises shall be a residence.
(1) A license shall not be assigned by a provider to any other person under any circumstances. A provider shall not use a substitute for more than one hour per day on a regularly, recurring basis which effectively franchises or transfers the family child care services to the substitute.(2) A family child care home license is only valid for the residence for which it has been issued. If the provider desires to change the residence to which the license is issued, the provider shall provide notice to the Office, submit an application, successfully complete an inspection at the new residence and obtain approval by the Office. If the provider operates the family child care home at the new residence without providing such notice, fails to submit an application, arrange or complete an inspection, or obtain approval from the Office, such operation or failure shall constitute grounds for the Office to take action in accordance with section 19a-87b-15 of the Regulations of Connecticut State Agencies, or deny the application. In addition, the operation of the family child care home at the new residence without approval by the Office may subject the provider to penalties for operation without a license in accordance with section 19a-87c of the Connecticut General Statutes.(d)Factors in Determining the License Capacity(1) The license capacity of the family child care home shall be indicated on the license: (A) Regular capacity defines the maximum number of children that a provider may care for together at any one time during the year, including the provider's own children not in school full time. School age children who are not the provider's own children and receive family child care services for three or more hours before school or three or more hours after school shall be counted in the regular capacity. The regular capacity of a family child care home shall not exceed six children.(B) School age capacity defines the maximum number of additional children attending school full time that a provider may care for together before and after school, including the provider's own school age children who attend school full time. The school age capacity shall not apply during the summer school vacation unless all of the children counted in the school age capacity are the provider's own children or an assistant or substitute staff member approved by the Commissioner is present and assisting the provider. The school age capacity of a family child care home shall not exceed three children unless all of the school age children are the provider's own children.(2) Children attending full day kindergarten shall be counted in the school age capacity; children attending half day kindergarten shall be counted as preschoolers in the regular capacity until graduation from kindergarten.(3) Staff members' children present at the facility shall be counted in the capacity like the other children receiving care.(4) Foster children and children who reside at the facility shall be counted as household members in the same manner as the provider's own children.(5) The provider's own children twelve years of age and older shall not count in the capacity.(6) The license capacity shall be determined at the commissioner's discretion taking into account the indoor and outdoor space and other accommodations available for child care at the facility and the qualifications of the applicant or provider.(e)Infant and Toddler RestrictionThe provider shall care for no more than two children under the age of eighteen months at one time, including the provider's own children, except that the provider may care for up to six children under the age of eighteen months when an assistant is present and assisting the provider.
(f)LicenseUpon approval of the initial application or renewal application, and payment of the fee, a license shall be signed by the commissioner and issued to the provider. The license shall identify the provider's name, the address of the family child care home, the license capacity of the family child care home, the license number and the expiration date.
(1) The license remains the property of the Office and shall be returned to the commissioner if the license is suspended, revoked, surrendered or voluntarily relinquished.(2) The license shall be displayed conspicuously in a location visible to the Office staff and to parents whose children are in care or who are considering placing their children in the provider's care.(3) The license number shall be used in any advertisement of services.(g)Parental Access to the OfficeWhen a child is enrolled, the provider shall furnish the parent(s) with the telephone number of the Office. The provider shall explain that any person with good cause and in good faith may file a complaint about a licensed or unlicensed provider with the Office.
(h)Consent to InspectThe provider and substitute shall consent in writing and agree to allow Office staff to inspect the facility and have access to all child care records required to be maintained under sections 19a-87b-1 to 19a-87b-18, inclusive, of the Regulations of Connecticut State Agencies for the performance of inspections during customary business hours. The provider, substitute and assistant shall, upon request, show photo identification to Office staff.
(i)Requests for InformationThe applicant and provider shall respond to Office requests for information or documentation related to compliance with sections 19a-87b-1 to 19a-87b-18, inclusive, of the Regulations of Connecticut State Agencies within a time frame and manner designated by the Office. Failure by the applicant or provider to respond to such request for information or documentation within such time frame or manner shall constitute sufficient grounds for denial, suspension, or revocation of the license.
(j)Notification of ChangeThe applicant or provider shall notify the commissioner in writing within five working days of any change in circumstances which alters or affects the provision of family child care services as licensed or as stated in the application. Changes of circumstances that shall be reported include, but are not limited to, the following: change of address, renovation construction or expansion of the facility, installation of a swimming pool, change of customary business hours, the addition of any household members, criminal convictions or Department of Children and Families investigation of the provider, staff or household members or changes in the health status of the provider, staff, or household members that may affect the provision of family child care services.
Conn. Agencies Regs. § 19a-87b-5
Effective September 1, 1993; Transferred January 29, 1996; amended 3/19/2021