Conn. Agencies Regs. § 19a-79-3a

Current through October 16, 2024

Section 19a-79-3a - Administration

(a) The operator of the child care center or group child care home shall be responsible for compliance with the requirements of sections 19a-79-1a to 19a-79-9a, inclusive, and section 19a-79-13 of the Regulations of Connecticut State Agencies and applicable endorsements in sections 19a-79-10 to 19a-79-12, inclusive, of the Regulations of Connecticut State Agencies in such a manner as to ensure the safety, health and development of the children while in the operator's care.

(b) The operator shall be responsible for the overall management and operation of the child care center or group child care home in accordance with applicable federal, state and local laws and regulations and shall:

(1) Provide and maintain a safely equipped facility or licensed premises, as applicable;

(2) Provide programs and services to meet the needs of the children;

(3) Employ program staff and alternate staff in accordance with section 19a-79-4a of the Regulations of Connecticut State Agencies;

(4) Develop and implement a written organizational chart that establishes a clear line of authority;

(5) Define in writing and ensure the performance of the duties and responsibilities of all employment classifications;

(6) Require participation by new program staff in employee orientation, and assure annual training for all current program staff on the child care center or group child care home policies, plans and procedures; and

(7) Be responsible for managing children using techniques based on developmentally appropriate practice and communicate acceptable techniques to all program staff.

(A) The operator and program staff shall manage child behavior using techniques based on developmentally appropriate practice, including positive guidance, redirection and setting clear limits that encourage children to develop self-control, self-discipline and positive self-esteem.

(B) The operator shall document that the child's parent(s) has been informed of the techniques used to manage child behaviors in the facility prior to enrollment and reviewed as needed during the period of the child's enrollment.

(C) While children are in attendance at the program the operator, staff, and program staff shall not engage in, nor allow, abusive, neglectful, physical, corporal, humiliating or frightening treatment or punishment, including, but not limited to, spanking, slapping, pinching, shaking or striking children, and shall not tie nor bind children and shall not physically restrain children except for the protection and safety of the child or others, using least restrictive methods, as appropriate.

(D) The operator, staff, and program staff shall not engage in, nor allow, anyone else to engage in any sexual activity with the children in care while in attendance at the program.

(E) The operator, staff and program staff shall report actual or suspected child abuse or neglect, or the imminent risk of serious harm of any child to the Department of Children and Families as mandated by sections 17a-101 to 17a-101e, inclusive, of the Connecticut General Statutes.

(c) The operator shall notify the Office, the parent(s), staff and program staff of any changes in programs or services.

(1) Notification of personnel changes shall be made not later than five business days after the change.

(A) If the change is for a head teacher, a plan for interim head teacher coverage shall be submitted to the Office.

(B) A qualified head teacher or a plan approved by the commissioner shall be in place not later than thirty days after change of a qualified head teacher.

(2) Notification of changes related to the licensed capacity, services or voluntary closing shall be made at least thirty days prior to the effective date of the proposed change. A change of location, change of operator or a change of ownership requires a new initial application.

(3) Notification of changes related to the fees shall be made to the parent(s) at least thirty days prior to the effective date of the proposed change.

(4) Notification of changes related to the legal representative shall be made to the Office not later than five business days after the change.

(d) The operator shall implement and annually review specific written policies, plans and procedures required by any applicable statute or regulation. The operator shall notify the parent(s), and program staff not later than five days after changes in these policies, plans and procedures. The policies, plans and procedures shall include, but not be limited to:

(1) Daily attendance records for both children and program staff, recorded daily at the time of arrival and departure and kept on file at the facility for at least one year, showing the specific times of arrival and departure;

(2) Discipline as referenced in section 19a-79-3a(b)(8) of the Regulations of Connecticut State Agencies including, but not limited to:

(A) Positive guidance, redirection, setting clear limits and continuous supervision by program staff during disciplinary action;

(B) The prohibition of abusive, neglectful, physical, corporal, humiliating or frightening treatment or punishment including, but not limited to, spanking, slapping, pinching, shaking or striking children, and physical restraint, unless such restraint is necessary to protect the health and safety of the child or others; and

(C) Child abuse and neglect, including child protection and mandated reporting.

(3) When a child is not picked up as planned, including, but not limited to:

(A) Staffing of at least two program staff eighteen years of age or older on the licensed premises;

(B) Time frames (for when the policy will be implemented);

(C) Parents or emergency contacts;

(D) Alternate pick up person; and

(E) Notification of police department.

(4) Emergencies, including, but not limited to:

(A) Medical emergencies, including, but not limited to, the designation of a licensed physician or hospital emergency service to be available, transportation to medical services and notification of the parents; and

(B) Multi-hazards, including man-made disasters, natural disasters, weather related emergencies, fire emergencies and acts of terrorism including, but not limited to, the assignment of staff and program staff responsibilities, identification of means of egress, identification of evacuation sites to provide safe temporary care for children, transportation, plans for sheltering in place if evacuation is not feasible, lock-down procedures, plans for continuation of operations, communication and reunification with parents, accommodations for infants and toddlers, children with disabilities, and children with chronic medical conditions developed in consultation with the child's parent(s). Development of the multi-hazard policies, plans and procedures shall include contact with the local emergency management director. A multi-hazard emergency drill shall be practiced at least annually which includes the demonstration of all staff, program staff and children sheltering, locking down and evacuating the facility.

(5) Supervision of children, including, but not limited to:

(A) Group size;

(B) Staff child ratio;

(C) Indoor and outdoor supervision;

(D) Nap time; and

(E) Bathroom areas.

(6) General operating policies, including, but not limited to:

(A) Admission which includes a health record and the ages of children enrolled;

(B) Agreements with the parent(s);

(C) A written plan for the administrative oversight of the facility which includes who is in charge in the absence of the director. This information shall be posted in a conspicuous location;

(D) Parent involvement;

(E) Medication policies if applicable;

(F) Content and times of meals and snacks;

(G) Provisional enrollment period;

(H) Days and hours of operation, including sick days, holidays and vacations;

(I) Voluntary withdrawal and disenrollment of children; and

(J) Access to the program and facility.

(7) Personnel policies, including, but not limited to:

(A) Job descriptions;

(B) Employee benefits;

(C) Supervision and discipline of staff and program staff;

(D) Probationary period of staff and program staff; and

(E) Communication with the parent(s).

(e) The operator shall post the following items in a conspicuous place, accessible to the public:

(1) The license;

(2) The Office complaint procedure;

(3) Menus;

(4) No smoking signs at entrances;

(5) The most recent Office inspection report posted or made available for review upon request of the parents of a child receiving child care services or any parents who wish to place their child in the child care center or group child care home; and

(6) The document regarding developmental milestones created by the Office pursuant to section 10-514 of the Connecticut General Statutes, unless the program serves school age children only.

(f) The parent(s) shall have immediate access to the child care center or group child care home during the hours of operation, unless otherwise prohibited by law.

(g) The operator shall keep on file at the child care center or group child care home all inspection reports, copies of the original licensing application and correspondence related to licensure, and the policies, plans and procedures required by subsection (d) of this section, which shall be available to the Office on request.

(h) Failure to grant the Office immediate access to the child care center or group child care home, its staff or program staff, or its records or failure to provide the Office with documentation obtained by the operator about child abuse or neglect or conviction records, upon request of the Office, shall be grounds for suspension or revocation of the license or denial of issuance or renewal of the license. The operator may deny access to inspections or investigations if Office staff fails to show official identification.

(i) The operator shall:

(1) Notify the parent(s), if the Office issues a notice of hearing for the suspension or revocation of the license pursuant to section 19a-84 of the Connecticut General Statutes, of the proceeding and the alleged violation. The notification to parents shall be in writing and sent by United States mail, certified or registered, postage prepaid, return receipt requested not later than ten days before the scheduled hearing date. The operator shall demonstrate compliance with this subsection at the commencement of the hearing. Inability to do so shall be construed as a substantial failure to comply with the regulations and may constitute an additional basis for suspension or revocation of the license in that proceeding without a new statement of charges.

(2) Notify the parent(s) in writing of the final decision of the Office if one is rendered, not later than fourteen days after the receipt of the decision.

(j) The operator shall provide to the Office copies of all service contracts or current agreements with consultants, practitioners and agencies used on a regular or consultative basis in the delivery of services upon request of the Office.

(k) The operator shall enroll only children for whom the child care center or group child care home is licensed to provide services. No services that require an endorsement shall be provided without the applicable endorsement from the Office. Categories for licensure are:

(1) Six weeks to three years;

(2) Preschool age three to five years;

(3) School age; and

(4) Night care.

(l) A child care center or group child care home with a preschool endorsement may deem a child who is thirty-two to thirty-six months of age, inclusive, to be three years of age for purposes of enrolling such child in a preschool program provided such child care center or group child care home receives written authorization from such child's parent and the director to so enroll such child in the preschool program. The written authorization shall be kept on file at the child care center or group child care home and available to the Office upon request.

(m) The operator shall be responsible for compliance with all applicable motor vehicle laws when transporting children enrolled in any child care center or group child care home.

(n) The operator shall not exceed the licensed capacity allowed under the license.

(o) Unless otherwise specified in sections 19a-79-1a to 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies, the operator shall respond to Office requests for information or documentation related to compliance with sections 19a-79-1a to 19a-79-13, inclusive, of the Regulations of Connecticut State Agencies and chapter 368a of the Connecticut General Statutes within the time period and in the manner specified by the Office. The operator shall not furnish any false or misleading documents or make any false or misleading statements to the Office in order to obtain or retain the license.

Conn. Agencies Regs. § 19a-79-3a

Effective July 27, 1993; Amended November 6, 2008; amended 10/16/2024