Regs., Conn. State Agencies tit. 17a | Regs., Conn. State Agencies Title 17a — Social and Human Services and Resources

Department of Children and Families Department of Children and Families

17a-6(g) Administration of Medication in Day Programs and Residential Facilities by Trained Persons

Regs., Conn. State Agencies § 17a-6(g)-1—17a-6(g)-11 Reserved

Sec. 17a-6(g)-1—17a-6(g)-11. Reserved

Regs., Conn. State Agencies § 17a-6(g)-12 Scope of regulations

These regulations apply to the administration of medications by trained persons in certain day programs and residential facilities as defined in Section 13 of these regulations. For the purpose of these regulations, it is understood that medicinal preparations being administered have been properly dispensed as prescribed by law.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-6(g)-13 Definitions

(a) Administration of medication means the direct application of a medication by means other than injection to the body of a person and/or the giving of such medication to a person.

(b) Commissioner means the Commissioner of the Department of Children and Families.

(c) Day programs and residential facilities means (1) Children's Homes or Similar Institutions, Residential Treatment Facilities, Group Homes, and Temporary Shelters licensed by the Department under Section 17a-145 of the Connecticut General Statutes and funded by the Department. (2) Department administered day programs and residential facilities with limited availability of nursing staff designated by the Commissioner to utilize trained persons to administer medications.

(d) Department means Department of Children and Families.

(e) Medication means drugs (excluding injectable preparations) as defined in Chapter 418 of the Connecticut General Statutes.

(f) Unlicensed personnel – means any person who has successfully completed a training program approved by the department pursuant to Sec. 17a-6(g)-14 of these regulations and who has been issued a certificate authorizing him to administer medication to persons.

(g) Licensed medical personnel – means a physician licensed under Chapter 370 of the General Statutes, a dentist licensed under Chapter 379 of the General Statutes, a registered nurse licensed under Chapter 378 of the General Statutes, a licensed practical nurse licensed under Chapter 378 of the General Statutes practicing under the direction of a registered nurse and a pharmacist licensed under Chapter 382 of the General Statutes.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-6(g)-14 Designation of trained persons

(a) Unlicensed personnel in day programs and residential facilities who will be administering medication shall successfully complete a training program which shall be provided by the Department.

(b) Day programs and residential facilities shall designate the persons to be trained and submit a listing of such person to the Department.

(c) Persons to be trained must be high school graduates and/or be otherwise qualified to participate in the training program as recommended by the director of the day program or residential facility and approved by the Department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-6(g)-15 Administration of medication training program

(a) The Department will provide a training program for unlicensed persons designated by day programs and residential facilities.

(b) The Department will designate licensed medical personnel or contract with appropriate education agencies to conduct the training program.

(d) The location and frequency of the programs will be determined by the Department based on the needs of the day programs and residential facilities and the number and residences of the persons to be trained.

(e) The courses/curriculum content shall include but not be limited to:

PHASE I ADMINISTRATION OF PRESCRIBED MEDICATION:

General background on drug control laws
Desired effects, side-effects, adverse reactions and interactions of medications
Assessment of adverse reactions and course of action if an adverse reaction occurs
Error in administration of medication and course of action
Drug classification, types, dosage, measurement
Safe storage and control of medications
Procedure for administration: right person, right medication, right dosage, right method, right time
Physical and psychological contraindications of administration of medication
Documentation: recording of administration and of unusual signs
Supervision and consultation provided by licensed medical staff and pharmacist
Resources for further information

PHASE II PRACTICUM

(f) The Department will maintain a current listing of those persons who have successfully completed the training program and have been authorized to administer medications. The listing will also identify the program or facility in which such persons are employed.

(g) Each person who successfully completes the training program shall be provided with documentation of completion of the program. The original documentation shall be provided to the person and copy maintained by the Department. In addition, the Department will provide a copy to the day program or residential facility.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-6(g)-16 Utilization of trained persons to administer medication

(a) Day programs and residential facilities utilizing trained persons to administer medications shall maintain a current listing of such persons as well as a copy of each person's authorization to administer medications.

(b) Day programs and residential facilities shall establish and maintain written policies (in accordance with Department Licensing Regulations—17a-145-75) including but not limited to:

(1) Instructions defining the role and responsibilities of trained persons

(2) Assuring adequate supervision of or consultation with trained persons by licensed medical staff

(3) Assuring adequate back-up by licensed medical persons

(4) Specifying procedures for storage, access, administration and recording medication

(5) Providing that all medications be administered in accordance with instructions of a licensed physician or dentist

(6) Specifying procedures regarding errors and adverse reaction in administration of medication

(c) Day programs and residential facilities shall provide continuing education on Administration of Medication to Trained Person Staff Members.

(d) Medications to be administered by trained persons shall be ordered and administered in pre-packaged unit doses if available from the pharmacy supplying medications to the day program or residential facility.

History

Effective February 1, 1994

17a-7 Placement of Children and Youth on Aftercare

Regs., Conn. State Agencies § 17a-7-1 Aftercare (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-2 Placement on aftercare (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-3 Conditions of aftercare (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-4 Termination of aftercare (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-5 Aftercare revocation hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-6 Purpose of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-7 Notice of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-8 Hearing procedure (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-9 Disposition (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-10 Notice of decision (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7-11 Administrative review (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-7a Standard Leave and Release Policies for Juvenile Offenders

Regs., Conn. State Agencies § 17a-7a-1 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-2 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-3 Facility policy (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-4 Eligibility for leave (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-5 Evaluation of fitness and security risk (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-6 Assignment to parent, legal guardian or responsible adult (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-7 Notification for leave or release of a juvenile delinquent (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-8 Notification for leave or release of a serious juvenile offender (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-7a-9 Private residential program compliance (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Adopted effective July 22, 1999; Repealed June 11, 2014

17a-11 Voluntary Admissions to the Department of a Child or Youth in Residential Facilities Administered by, or Under Contract with, or Otherwise Available to the Department

Regs., Conn. State Agencies § 17a-11-1—17a-11-3 (Repealed)

Repealed September 26, 2001.

Regs., Conn. State Agencies § 17a-11-4 Scope of regulations

Regulations 17a-11-4 through 17a-11-27, inclusive, apply to voluntary services provided by the Department of Children and Families pursuant to section 17a-11 of the Connecticut General Statutes. The voluntary services program provides services for children or youths requiring community based treatment or temporary residential or other out of home placement who might otherwise be committed as neglected, uncared for, or dependent as provided for in section 46b-129 of the Connecticut General Statutes in order to secure department services. The program is designed to encourage the preservation and enhancement of family relationships and the continuing rights and responsibilities of parents even though limited financial resources prevent them from providing the required care and treatment for their child.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-5 Definitions

As used in sections 17a-11-4 through 17a-11-27, inclusive, of the Regulations of Connecticut State Agencies, the following definitions apply:

(a) "Case Service Plan" means the treatment plan prescribed by the department.

(b) "Child" means a person under the age of sixteen.

(d) "Department" means the Department of Children and Families.

(e) "Treatment Plan" means a written working agreement between the child, parent or guardian, caretaker service provider and the department social worker. The agreement describes and documents the child or family's service needs as well as what each party agrees is required to address the service needs.

(f) "Voluntary Admission" means a child or youth afforded access, on a non-compulsory basis, to services offered or administered by or under contract with, or otherwise available to the department.

(g) "Voluntary Services" means the provision of the services offered or administered by, or under contract with, or otherwise available to the department to a child or youth granted voluntary admission.

(h) "Youth" means any person sixteen or seventeen years of age.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-6 Voluntary admission of a child or youth

(a) The commissioner may, pursuant to subsection (a) of section 17a-11 of the Connecticut General Statutes, admit a child or youth to the voluntary services program.

(b) Application for Voluntary Services shall be made in writing pursuant to subsection (a) of section 17a-11 of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-7 Admission criteria

(a) A child or youth eligible for the voluntary services program shall meet the criteria prescribed in subdivisions (1) through (4) of this subsection:

(1) The child or youth has an emotional, behavioral or substance use disorder diagnosable under the most recent edition of "Diagnostic and Statistical Manual of Mental Disorders" (DSM). A child or youth with a "V code", developmental disorder, or mental retardation, as defined in the DSM, shall only be eligible if the child or youth also has an emotional, behavioral or substance use disorder and the alleviation of said emotional, behavioral or substance use disorder is the primary purpose of the request for voluntary services;

(2) The child or youth's treatment needs cannot be met through services currently available to the parent or guardian;

(3) The child or youth's disorder or disturbance can be treated with services offered, administered by, or under contract with, or otherwise available to, the department at the time of application; and,

(4) The child or youth has not reached the age of eighteen at the time of referral.

(b) In addition to the criteria in subsection (a) of this section a child or youth eligible for out of home placement through the voluntary services program shall meet the criteria prescribed in subdivisions (1) through (4) of this subsection:

(1) the department has determined that out of home placement is the least restrictive alternative for treating the child or youth's emotional or behavioral disorder;

(2) An appropriate department approved treatment program or facility is available;

(3) There is a reasonably healthy parent-child relationship, and there is reason to believe that the parent or guardian will continue to maintain a relationship with the child or youth while he is participating in the voluntary services program and will continue to be an active participant in all aspects of the planning and treatment process; and,

(4) There is a reasonable expectation that the child or youth will return to the parent or guardian when the case service plan is completed.

(c) A child or youth who has been committed to the commissioner as a juvenile delinquent and who will require the extension of placement or services on a voluntary basis upon the expiration of the commitment may also be admitted to the voluntary services program at the discretion of the commissioner or his designee.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-8 Admission restrictions

The following types of cases shall not be accepted under the voluntary services program unless the provisions of this section are waived by the commissioner or designee pursuant to section 17a-11-11 of these regulations:

(a) Those in which the department has not been provided with sufficient data to establish eligibility;

(b) The child or youth is the subject of a pending petition alleging that he is neglected, abused or uncared for;

(c) The parent or guardian of a child or youth otherwise eligible for the voluntary services program has an active child protective services case with the department or is the subject of an investigation by the department of an allegation of child abuse or neglect of the child or youth;

(d) The child or youth is: the subject of a pending delinquency petition; has been adjudicated delinquent and is awaiting disposition, on probation, committed to the department, or on parole; or is currently involved with the adult criminal justice system due to arrest, conviction, probation or parole;

(e) Out of home placement of the child or youth:

(1) was made prior to the request for the voluntary services program;

(2) was made in a program or facility not approved or licensed by the department;

(3) was arranged without the prior approval of the department; or,

(4) is in or would be in a program or facility that does not meet the treatment needs of the child or youth as determined by the department;

(f) There is reasonable cause to believe that the child or youth, or the parents of the child or youth will not cooperate with the case service plan.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-9 Individualized education program

The program shall not provide or arrange for the provision of any services which are a component of the child or youth's Individualized Education Program (IEP) except as otherwise provided by law.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-10 Parental consent

Parental or guardian consent is required prior to the provision of mental health services, except when a child or youth seeks services pursuant to section 19a-14c of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-11 Applications for the voluntary services program

(a) The parent or guardian of a child under the age of fourteen, or a child age fourteen or older or a youth seeking admission to the voluntary services program shall initiate a request for services by contacting the department's centralized intake system.

(b) The parent or guardian of a child under the age of fourteen, or a child age fourteen or older or a youth seeking voluntary services shall complete an application provided by the department, within sixty (60) days of their initial request, and shall provide the department with written reports from service providers and a current psychiatric or psychological evaluation, if such evaluation exists, which addresses the child or youth's treatment needs.

(c) The parent or guardian of a child under the age of fourteen, or a child age fourteen or older or a youth shall complete a financial form provided by the department.

(d) The parent or guardian of a child under the age of fourteen, or a child age fourteen or older or a youth shall sign all release of information forms required by the department.

(e) The commissioner or designee shall complete the assessment of the completed application within fourteen (14) days and notify the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth or the attorney for said child or youth, in writing of the decision. Said notice shall inform the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth that he may have a right to a voluntary services hearing if he disagrees with the department's decision.

(f) The commissioner or designee may waive the admission requirements or restrictions of the voluntary services program in the case of unusual circumstances. The burden of proof to show the unusual circumstances shall be upon the parent or guardian of a child under fourteen years of age or by such person himself if he is a child fourteen years of age or older or a youth.

(g) If the department determines that the child or youth is ineligible for voluntary services, the parent or guardian of a child under the age of fourteen, or a child age fourteen or older or a youth shall be notified within ten (10) days of the department's determination of their right to a voluntary services hearing pursuant to section 17a-11-17 of the Regulations of Connecticut State Agencies.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-12 Termination of services

(a) A child or youth admitted to the voluntary services program shall be deemed to be within the care of the commissioner until such admission is terminated.

(b) The commissioner shall terminate the admission of any child or youth pursuant to subsection (b) of section 17a-11 of the Connecticut General Statutes.

(c) The commissioner may terminate the admission of any child or youth pursuant to subsection (b) of section 17a-11 of the Connecticut General Statutes.

(d) The commissioner may terminate the admission of any child or youth admitted to the department's voluntary services program:

(1) If he determines that the child or youth and his parent or guardian have been provided services according to the case service plan and can no longer benefit from such services;

(2) If he determines that the child or youth or the parent of such child or youth is not cooperating with the case service plan; or,

(3) If he determines that the parent or guardian of the child or youth has failed, neglected or refused to contribute to the support of the child or youth pursuant to section 17a-11-27 of these regulations.

(e) If a voluntary services petition has been filed with the probate court in accordance with section 17a-11-15 of the Regulations of Connecticut State Agencies, the department shall give notice of the termination to the probate court in which the petition was filed.

(f) If the parent or guardian of a child under the age of fourteen or child age fourteen or more or a youth seeks administrative or judicial review of the department's decision to terminate voluntary services said services shall continue until such time as the administrative hearing officer or court has rendered a decision.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-13 The case service plan

(a) In cases in which a child or youth is determined to be eligible for voluntary services, the case service plan shall be completed within fifty-five calendar days of the approval of the application.

(b) The parent or guardian of any child or youth and a child or youth age fourteen or older shall participate in the development of the case service plan. The department shall consult with all educational, mental health and medical providers serving the child or youth in the development of the case service plan.

(1) The department's assessment conducted in accordance with section 17a-11-14 of the Regulations of Connecticut State Agencies;

(2) The treatment and support services that have been offered and provided to the child, youth or family to treat the emotional or behavioral disorder and to strengthen and reunite the family;

(3) The efforts that have been made or should be made to evaluate and plan for other modes of care if return home is not likely for the child or youth;

(4) Any further efforts which have been or will be made to promote the best interests of the child or youth; and,

(5) A copy of the child or youth's Individualized Education Program (IEP), if applicable, if residential placement is being sought or contemplated.

(d) If a child or youth admitted to the voluntary services program has a diagnosis of mental retardation as defined by section 1-1g of the Connecticut General Statutes, the case service plan shall be developed by the department in conjunction with the Department of Mental Retardation or other responsible state agencies.

(e) A case service plan shall be signed by the department, the parent or guardian of a child under the age of fourteen, or child or youth age fourteen or more.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-14 Assessment and services to be provided under the voluntary services program

(a) The department shall complete an assessment of the child or youth which shall be part of the case service plan and which shall include:

(1) A compilation of all available diagnostic and social history material which will constitute the referral packet to be submitted to appropriate placement settings or service providers.

(2) Consultation with the child or youth, or parents or both in securing services appropriate to the child or youth's needs, periodically evaluating the child's progress and planning for the termination of the services and, if the child or youth has been placed out of the home, return of the child or youth to the parent.

(b) Services to be provided by the department may include referral to and utilization of other public and private community services as needed to carry out the case service plan.

(c) Any child or youth admitted to the department through the voluntary services program may be placed in, or transferred to, any resource, facility or institution within the department or available to the commissioner except the Connecticut Juvenile Training School, provided the commissioner shall give written notice to the parent or guardian of a child under the age of fourteen or child age fourteen or more or a youth of his intention to make a transfer at least ten (10) calendar days prior to any actual transfer, unless written notice is waived by those entitled to receive it, or unless an emergency commitment of such child is made pursuant to section 17a-502 of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-15 Petition to probate court

(a) The department shall petition the probate court not more than one hundred twenty (120) days after a child or youth's admission pursuant to subsection (c) of section 17a-11 of the Connecticut General Statutes.

(b) A voluntary services program petition shall be submitted on forms provided by the probate court.

(c) A voluntary services program petition shall be filed in the probate court for the district in which a parent or guardian of the child or youth resides.

(d) A voluntary services program petition shall include a copy of the child or youth's case service plan.

(e) The petition required in subsection (a) of this section shall not be filed if the child or youth's admission in the voluntary services program has terminated prior to the one hundred twenty (120) day requirement in subsection (a) of this section, unless a voluntary services hearing is pending.

(f) A hearing shall be scheduled with the probate court as prescribed by subsection (c) of section 17a-11 of the Connecticut General Statutes

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-16 Dispositional hearing

The commissioner shall file a motion requesting a dispositional hearing on the status of the child or youth not more than twelve (12) months after a child or youth is admitted to the department through the voluntary services program, and every twelve months thereafter pursuant to subsection (d) of section 17a-11 of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-17 Voluntary services hearing

(a) The department shall conduct a Voluntary Services Hearing when admission to the voluntary services program is denied and the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth or the attorney for such child or youth requests a Voluntary Services Hearing. Such hearing shall be conducted in accordance with Chapter 54 of the Connecticut General Statutes.

(b) The department shall conduct a Voluntary Services Hearing when admission to the voluntary services program is terminated and the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth or the attorney for such child or youth requests a Voluntary Services Hearing and a petition pursuant to section 17a-11-15 of the Regulations of Connecticut State Agencies has not been filed in the probate court. Such hearing shall be conducted in accordance with Chapter 54 of the Connecticut General Statutes.

(c) The issue at the voluntary services hearing shall be whether the department properly applied the admissions criteria set forth in section 17a-11-7, the admission restrictions set forth in section 17a-11-8 or the provisions for termination of services set forth in section 17a-11-12 of the Regulations of Connecticut State Agencies.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-18 Voluntary services hearing procedures

(a) The written notice given to the parent or guardian of a child under the age of fourteen or a child aged fourteen or more or a youth or the attorney for said child or youth pursuant to subsection (a) of this section shall include:

(1) a copy of sections 17a-11-4 through 17a-11-27, inclusive, of the Regulations of Connecticut State Agencies;

(2) the department's reason for the denial or termination;

(3) the right of a parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth to a Voluntary Services Hearing;

(4) how the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth shall apply for a Voluntary Services Hearing;

(5) the time in which a request for a Voluntary Services Hearing shall be made.

(b) A copy of the notice provided to the parent or guardian of a child under the age of fourteen or a child age fourteen or more or a youth shall be maintained in the case record, and furnished to the hearings unit by the department, upon request of a hearing officer.

(c) A request for a Voluntary Services Hearing shall be made in writing to the Administrative Hearings Unit within fourteen (14) calendar days of receipt of notice of the denial or receipt of the notice of the termination of voluntary services.

(d) If a Voluntary Services Hearing is requested, the department shall refer the applicant to the manager of the hearings unit for technical assistance. The hearing officer assigned to the hearing shall not provide technical assistance on the hearing. Nothing in this section shall require the department to provide legal assistance to the applicant.

(e) A request for a Voluntary Services Hearing shall be stayed, denied or dismissed by the administrative hearings unit if court proceedings are pending in any court which may address the issue of services to be provided to the child or youth.

(f) Denial or termination of voluntary services shall not give rise to any administrative remedy offered by the department other than a Voluntary Services Hearing.

(g) Prior to a Voluntary Services Hearing if any party requests, the department shall hold an informal case review as provided for in section 17a-11(e) of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-19 Scheduling the voluntary services hearing

(a) The Voluntary Services Hearing shall be scheduled by the hearing unit within thirty (30) calendar days of the date the request is received by the manager of the Administrative Hearings Unit. A Voluntary Services Hearing may be continued or postponed for good cause at the discretion of the hearing officer or with agreement of all parties.

(b) The Voluntary Services Hearing shall be held in the regional office of the department or, if agreeable to all the parties, another location designated by the hearing officer. Hearings requiring the presence of a child or youth shall be held at a time that does not interfere with the child or youth's education.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-20 Pre-hearing conference for a voluntary services hearing

(a) The hearing officer may involve the parties and their representatives in a pre-hearing conference preceding the Voluntary Services Hearing for the purpose of:

(1) simplification and consolidation of issues;

(2) identification and limitation of the number of witnesses;

(3) considering any other matters that will promote the quality of the proceedings.

(b) The hearing officer shall identify and recite on the Voluntary Services Hearing record any agreements made, or actions taken, by the parties at the conference.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-21 Conduct of the voluntary services hearing

(a) The Voluntary Services Hearing shall be conducted by a hearing officer designated by the commissioner, or designee.

(b) The hearing officer shall have the power to administer oaths and affirmations, subpoena witnesses and require the production of records, physical evidence, papers and documents to any hearing held in the case.

(c) The hearing officer has the final authority to limit witnesses and take any other necessary actions that will facilitate the hearing process.

(d) Each party shall be afforded the opportunity to:

(1) inspect and copy relevant and material records, papers and documents;

(2) at a hearing, to respond, to cross-examine other parties, intervenors, and witnesses and to present evidence and argument on all issues involved.

(e) Any oral or documentary evidence may be received provided:

(1) the hearing officer shall limit or exclude any evidence which is irrelevant, immaterial or unduly repetitious;

(2) the hearing officer shall recognize statutes, regulations and rules of practice governing confidential, privileged and professional communications;

(3) when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(4) documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and, upon request, parties shall be given an opportunity to compare the copy with the original;

(5) notice may be taken of generally recognized technical or scientific facts within common knowledge or the agency's specialized knowledge;

(6) parties shall be notified in a timely manner of any material noticed, including any agency memoranda or data, and they shall be afforded an opportunity to contest the material so noticed;

(7) the agency's experience, technical compliance, and specialized knowledge may be used in the evaluation of the evidence;

(8) all parties and their attorney shall be permitted to examine all records and documents introduced by the parties to the hearing. Should any record or document, which a party was not permitted to examine in advance of the hearing, be introduced, that party may request a continuance, which may be granted at the discretion of the hearing officer, to allow the requesting party an opportunity to prepare a response to the record or document;

(9) a party may conduct cross-examinations required for a full and true disclosure of the facts.

(f) The full proceedings of Voluntary Services Hearings shall be audio recorded.

(g) The person aggrieved by the department's decision shall have the burden of proof. The standard of review in an administrative hearing is a preponderance of the evidence.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-22 Party and intervenor status in voluntary services hearings

(a) Parties to the Voluntary Services Hearing shall be the parent or guardian of a child under the age of fourteen or a child or youth over the age of fourteen and the department. Parties may be represented by an attorney.

(b) The parents or guardians of a child or youth age fourteen years or older may request to intervene in any voluntary services hearing concerning the child or youth. Any such request shall be made in writing and sent to the manager of the administrative hearings unit.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-23 The voluntary services hearing record

(a) The record shall include:

(1) written notices related to the case;

(2) all petitions, pleadings, motions and intermediate rulings, if any;

(3) evidence received or considered;

(4) questions and offers of proof, objections and rulings thereon;

(5) the official recording of the proceedings;

(6) the final decision.

(b) Any recording or stenographic record of the proceeding shall be transcribed on request of any party. The requesting party shall pay the cost of such transcript.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-24 The voluntary services hearing decision

(a) The hearing officer shall be responsible for preparing the memorandum of decision which shall be mailed within thirty (30) calendar days of the conclusion of the hearing to the parties and their attorney.

(b) The memorandum of decision shall contain:

(1) the names of the persons present;

(2) the provisions of law, regulation and policy applicable to the case;

(3) evidence relied on in making the decision;

(4) findings of fact;

(5) a statement of the reasoning on which the decision is based.

(c) Any additional recommendations by the hearing officer pertaining to follow up actions to be taken by the parties shall be submitted in separate correspondence to all parties.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-25 Continuing care

A person who has passed his eighteenth birthday but has not yet reached his twenty-first birthday, may be permitted to remain voluntarily in the Voluntary Services program pursuant to subsection (g) of section 17a-11 of the Connecticut General Statutes.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-26 Transition to other services

The department shall provide a plan for the transition of a child or youth from the voluntary services program to adult services provided by one or more state agencies, if such services are available, as may be necessary for the child or youth.

History

Adopted effective September 26, 2001

Regs., Conn. State Agencies § 17a-11-27 Parental liability

(a) The parent of any child or youth receiving assistance through the voluntary services program may be liable for the support of the child or youth in accordance with sections 4a-12 and 4-66d of the Connecticut General Statutes.

(b) Upon acceptance of a child or youth for voluntary services, the parents of said child or youth shall be assessed an amount of money they shall be obligated to contribute to the support of the child or youth pursuant to section 4a-12 of the Connecticut General Statutes.

History

Adopted effective September 26, 2001; Amended May 30, 2002

17a-12 Hearings on Placement of Children and Youth in State Operated Mental Health Facilities

Regs., Conn. State Agencies § 17a-12-1 Right to hearing - mental health placement (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-12-2 Purpose of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-12-3 Notice of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-12-4 Hearing procedure (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-12-5 Decision of hearings officer (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-12-6 Emergency procedures (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-15 Treatment Plan and Hearings

Regs., Conn. State Agencies § 17a-15-1 Treatment plan (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-2 Review of treatment plan (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-3 Access to treatment plan (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-4 Right to a hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-5 Purpose of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-6 Notice of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-7 Right to counsel (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-8 Hearing officers (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-9 Hearing procedure (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-10 Disposition (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-15-11 Written decision (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-16 Rights of Children and Youth Under the Supervision of the Commissioner of Children and Families

Regs., Conn. State Agencies § 17a-16-1—17a-16-5 Reserved

Sec. 17a-16-1—17a-16-5. Reserved

Regs., Conn. State Agencies § 17a-16-6 Scope of regulation

In accordance with section 17a-16 of the General Statutes, the Commissioner of Children and Families herewith adopts regulation sections 17a-16-6 through 17a-16-18 concerning the rights of children and youth under the supervision of the commissioner. These regulations pertain to the use of or receipt of mail, use of the telephone, and the use of restraint, seclusion and force.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-7 Definitions

As used in sections 17a-16-6 through 17a-16-18, the following definitions shall apply:

(a) "Commissioner" means the Commissioner of Children & Families;

(b) "Department" means the Department of Children & Families;

(d) "Mechanical restraint" means any externally applied mechanical device which limits the voluntary movement of a child or youth;

(e) "Seclusion" means isolation from the general population of an institution of the commissioner enforced by a locked door.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-8 Use of the telephone

(a) Public telephones shall be made available in appropriate locations in each institution or facility under the jurisdiction of the commissioner.

(b) A child or youth shall be permitted to make and receive telephone calls at reasonable times exclusive of regularly scheduled program activities. An incoming telephone call from the child's or youth's attorney or clergyman shall be transmitted immediately to the child or youth or, if that is not practicable, a message shall be given to the child or youth as to the caller's identity and his telephone number.

(c) The head of the institution or facility, or his designee, may restrict the use of the telephone by a child or youth when he determines that communication by the child or youth with a particular individual, group or agency is inconsistent with the child's or youth's treatment objectives. If use of the telephone is restricted, this shall be explained to the child or youth and the individual, group or agency that is subject to the restriction. Such restriction shall be noted in writing, signed by the head of the institution or facility, and made a part of the child's or youth's permanent clinical record.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-9 Use or receipt of mail

(a) Each institution or facility under the jurisdiction of the commissioner shall furnish writing materials and postage to any child or youth desiring them.

(b) A child or youth shall be permitted to send or receive mail to or from any individual, group or agency. However, the head of the institution or facility, or his designee, may limit the use or receipt of mail by a child or youth if he determines that communication with a particular individual, group or agency is inconsistent with the child's or youth's treatment objectives. If the use or receipt of mail is limited, this shall be explained to the child or youth and all such correspondence shall be returned unopened to the sender with an explanation signed by the head of the institution or facility, or his designee. Such limitation shall be noted in writing, signed by the head of the institution or facility, and made a part of the child's or youth's permanent clinical record.

(c) All incoming mail shall be delivered to the child or youth unopened unless the head of the institution or facility, or his designee, has reason to believe that said mail contains contraband. In such case, the mail shall be opened by the head of the institution or facility, or his designee, in the presence of the child or youth, and any contraband removed.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-10 Use of restraint

(a) A child or youth may be put in mechanical restraints under one or more of the following circumstances:

(1) there is reasonable cause to believe that the child or youth may inflict physical injury on himself or others;

(2) as a precaution against escape where there is reasonable cause to believe that the child or youth may run away while being transported from one location to another within or without the institution or facility.

(b) The staff member who authorized the use of restraint shall file a written report with the head of the institution or facility setting forth the circumstances of the action, the type of restraint used, the time period during which the restraint was used, and the reasons for the use of restraint. A copy of this report shall be placed in the child's or youth's permanent clinical record.

(c) No restraint shall be used in excess of one (1) hour or the duration of one continuous trip. If continued use of restraint is necessary, authorization must be obtained from the head of the institution or facility, or his designee. This authorization shall be noted in writing with the reason(s) therefore, signed by the head of the institution or facility, and made a part of the child's or youth's permanent clinical record.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-11 Use of seclusion

(a) A child or youth may be placed in seclusion in an area designated by the head of the institution or facility, for a period not to exceed twenty-four (24) hours under one or more of the following circumstances:

(1) there is reasonable cause to believe that the child or youth may inflict physical injury on another person;

(2) to prevent the child or youth from inflicting property damage;

(3) the child or youth is engaging in uncontrollable disruptive behavior.

(b) The staff member who authorized the use of seclusion shall file a written report with the head of the institution or facility setting forth the circumstances of the action and the reason for the use of seclusion.

(c) If use of seclusion in excess of twenty-four (24) hours is necessary, authorization must be obtained from the head of the institution or facility, or his designee. Such authorization shall be noted in writing with the reason(s) therefore, signed by the head of the institution or facility, and made a part of the child's or youth's permanent clinical record.

(d) In all cases involving the use of seclusion, staff members must visually check on the child's or youth's well-being at least once every thirty (30) minutes. Staff shall also notify appropriate clinical/medical personnel of any special concern about the child or youth.

(e) All seclusion areas shall be provided with normal furnishings, e.g. bed, chair, etc., unless there is reasonable cause to believe that such items may be used by the child or youth to harm himself or others. Such areas will be provided with adequate heat, lighting and ventilation, and shall have a floor area of at least 40 square feet. Provided, however, that areas used for seclusion for less than two consecutive hours may have a floor area of not less than 30 square feet if institutional policy promulgated under Sec. 17a-16-13 so provides.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-12 Use of force

(a) A staff member is prohibited from the use of physical force against a child or youth except that reasonable force may be used as necessary:

(1) in self defense;

(2) to prevent imminent physical injury to the child or youth or others;

(3) to prevent the child or youth from inflicting serious property damage;

(4) to prevent escape; or

(5) when a child's or youth's refusal to obey an order seriously disrupts the functioning of the institution or facility.

No more force should be used than is necessary to achieve the legitimate purpose for which it is used.

(b) The staff member using physical force against a child or youth shall file a written report with the head of the institution or facility setting forth the circumstances of the action, the degree of force used, and the reasons for the use of force. A copy of this report shall be placed in the child's or youth's permanent clinical record.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-13 Institutional policies and procedures

The head of each institution or facility under the jurisdiction of the commissioner shall adopt as needed written policies and procedures to apply the foregoing regulations to the particular circumstances of his institution and submit them to the commissioner, or his designee, for approval. Any amendment or change to these institutional policies and procedures shall also be submitted, in writing, to the commissioner, or his designee, for approval.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-16-14 Right to hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-16-15 Purpose of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-16-16 Notice of hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-16-17 Contents of notice (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-16-18 Hearing procedures (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-17 Single Cost Accounting System for Payment of Room and Board and Educational Expenses

Regs., Conn. State Agencies § 17a-17-1 Definitions

The terms used in these regulations shall, in its interpretation, be defined as follows unless the context clearly and specifically provides otherwise:

(a) "Commissioner": Means the Commissioner of the Department of Children and Families, hereinafter the department, or his designated representative.

(b) "State Department of Education": Means the Commissioner of the State Department of Education, hereinafter SDE, or his designated representative.

(c) "Child": Means a person who receives services at a treatment center and is under the supervision of the Commissioner.

(d) "Other Minors": Means persons who receive services at an Approved Private Special Education Program (APSEP) of a treatment center and are not under the supervision of the Commissioner.

(e) "Local Educational Agency" (LEA): Means the board of education for the city, town or region responsible under Connecticut General Statutes 10-76b et. seq. for the education of a child or other minor residing in a treatment center.

(f) "Individualized Educational Program" (IEP): Means a separate written plan for a child or other minor which shall be developed by a planning and placement team to meet the needs of each child or other minor requiring special education, and educational related services.

(g) "Educational services": Means classes, programs, activities or other services designed to provide an appropriate education to a student determined to be in need of special education or to a student not determined to be in need of special education. In the case of a student determined to be in need of special education, educational services and educational related services shall be provided in accordance with the Individualized Education Program (IEP) developed for the student by the Planning and Placement Team (PPT) of the student's LEA.

(h) "Educational Related Services": Means services to a child recommended by the planning and placement team which may include the following services: psychological, health, language, speech and hearing, guidance, social work, transportation, physical and occupational therapy, translation, parent counseling and training in understanding the educational needs of the child, and any medical services required for diagnostic or evaluation purposes.

(i) "Treatment Center": Means a private residential treatment center licensed by the Commissioner pursuant to Connecticut General Statute 17a-145, offering residential care service and may include an approved private special education program and other programs.

(j) "Approved Private Special Education Program" (APSEP): Means, for the purpose of these regulations, that component of a treatment center which delivers special education. Such school programs must be approved and supervised by the SDE Commissioner pursuant to Connecticut General Statutes 10-76a et. seq.

(k) "Other Programs": Means one or more programs established to provide a specific service to children, other minors and other persons which the treatment center offers in addition to the residential services and/or APSEP.

(l) "Residential Care Services": Means the room and board and treatment services which a treatment center provides for a child, including but not limited to psychological, health, psychotherapeutic, language, speech, hearing, guidance, social work, therapy, translation, transportation, parent counseling and training, unless such services have been recommended by a Planning and Placement Team (PPT) as educational related services.

(m) "Service Agreement": Means a written agreement between the Commissioner, after consulting with the State Department of Education, and a treatment center for the purchase of room and board and, to the extent required by an IEP, education services for a child.

(n) "Contract Year": Means the one year period of service agreements of July 1st through June 30th unless the Commissioner provides for a different schedule.

(o) "Related Party": Means persons or organizations related through marriage, ability to control, ownership, family or business association, with the treatment center.

(p) "Accrual Basis of Accounting": Means a method used in accounting which reports all revenue when the treatment center obtains an unqualified right to receive them. All expenses, purchases and other bills are recorded on the book of account when the treatment center incurs a clear obligation to pay them.

(q) "Audited Single Cost Accounting Report" (ASCAR): Means the annual cost and performance reporting document, which consists of forms provided by the Commissioner and submitted by all treatment centers.

(r) "Residential Day of Care": Means a day in which services are provided for the residential care of a child or other minor by the treatment center.

(s) "Educational Day": Means a day in which educational services are provided for an enrolled child or other minor by the APSEP.

(t) "Personal Services": Means salaries and wages; social security taxes; and unemployment compensation.

(u) "Other Expenses": Means professional fees; consultant/contract services; food and food supplies; office supplies/postage; housekeeping supplies; educational and vocational supplies; miscellaneous supplies; advertising (employment); laundry and dry cleaning; clothing replacement; personal needs/allowance; travel; vehicle expense; conferences, conventions and meetings; maintenance and repairs; dues and fees; books/periodicals; interest; use tax; and other.

(v) "Fixed Expenses": Means workers' compensation; dental insurance; hospital insurance; retirement; other fringes; rent; heat, light and water; depreciation; telephone and telegraph; and insurance.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-2 Per diem payment for residential care

(a) The department will reimburse on a per diem payment basis each treatment center for the residential care of children under the supervision of the Commissioner. For each treatment center, the system for determining per diem payment rates shall be on a base year (ASCAR) cost-related rate system.

(b) The department shall promulgate annually the per diem payment rates for treatment centers to be effective July 1st of that year, based on costs reported in the ASCAR filed the preceding December.

(c) Per diem payment rates for residential care for each treatment center shall be computed in accordance with Section 17a-17-11 of these regulations and other applicable sections of these regulations.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-3 Per diem payment for educational services

(a) Per diem payments will be made to a treatment center based on the total number of educational days provided to an individual child or minor in an APSEP.

(b) Per diem payments for APSEP will correspond to the total number of educational days provided. In no event shall an LEA be required to pay or reimburse an APSEP pursuant to this regulation for cost of education provided for a child or minor for more than 30 days after the initial placement under the following circumstances:

(1) If the LEA has determined that appropriate educational services cannot be provided to the child or minor at the APSEP; or

(2) If the LEA has determined that the child can be educated in the local public school and the department agrees that provision of education in the local public school will not significantly impair the department's ability to address the noneducational reasons upon which the placement was made.

(c) The standard school year for the purposes of computing the per diem payment rate for educational services shall be no less than 180 days in accordance with Connecticut General Statute 10-16. Any variation from the standard school year may be prescribed in the IEP for a specific child or other minor served by the APSEP.

(d) Per diem payment rates for educational services shall be computed in accordance with Section 17a-17-12 and other applicable sections of these regulations.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-4 ASCAR

(a) Each private residential treatment center shall annually file on forms provided by the Commissioner an Audited Single Cost Accounting Report (ASCAR) with the Commissioner by December 1st, for establishing a per diem rate for the subsequent contract year July 1st through June 30th, unless written approval by the Commissioner, after consulting with the SDE, is granted for submission at a later date.

(b) The department shall have a ninety (90) day period commencing on the date a facility submits its single cost report, to prepare a written analysis of that report and to establish a per diem payment for the ensuing fiscal year.

(c) The ASCAR shall be completed in accordance with generally accepted accounting principles and audited in accordance with generally accepted auditing standards. Audited financial statements, notes to same, management report and an auditor's opinion letter shall accompany the ASCAR. The ASCAR must be certified by a certified public accountant.

(d) The ASCAR shall be completed using the accrual basis of accounting method. Changes in the accounting method must have prior written approval of the Commissioner.

(e) Each treatment center may permit emergency residential care placements outside the scope of the approved program, provided the placement is at the request of the department and is consistent with the ability of the treatment center to provide the necessary services for said placement.

(f) Records generated by the treatment center for purposes of reporting to the Commissioner must be retained for a minimum of three years from the date of submission of the relevant annual report.

(g) The Commissioner and the state auditors may audit all supporting accounting and business records and all records relating to the provision of services to children.

(h) Information to be provided on the ASCAR shall include:

(1) Allowable, appropriately allocated residential care costs incurred during the previous contract year.

(2) Non-allowable costs incurred during the previous contract year.

(3) Real property expenses include all properly allocated direct expenses arising from the occupancy and use of the land, buildings, offices and other facilities owned or leased.

(4) Offsets to allowable costs that accrued during the previous contract year.

(5) All revenue generated by the treatment center during the previous contract year.

(6) A description of all other programs offered by the treatment center and the costs of each program.

(7) Projected income for the next contract year from any source other than LEAs, SDE and the department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-5 Allowable costs

(a) Residential Care Costs:

(1) Allowable residential care costs are limited to those allowable costs properly allocated, in accordance with Section 17a-17-8 of these regulations, to residential care.

(2) Allowable residential care costs include costs of meals and food service, clothing, laundry, maintenance, housekeeping, transportation, utilities, fuel, property-related insurance, property taxes and real property expenses.

(3) Real property expenses include all properly allocated direct expenses arising from the occupancy and use of the land, buildings, offices and other facilities owned or leased.

(4) Allowable residential care costs also include the properly allocated cost of movable equipment based upon depreciation and interest according to generally accepted accounting principles.

(5) A properly allocated amount for reasonable interest expense required to obtain necessary working capital is also an allowable residential care cost.

(6) Costs for medical and dental services are allowable residential care costs to the extent these services are not covered by Title XIX.

(7) Allowable residential care costs are separated into three cost components: Personal Services, Other Expenses and Fixed Expenses.

(8) Except for increases previously approved by the department, increases in the residential care cost components of Personal Services and Other Expenses, in their respective aggregate by activity, over the previous contract year are limited to the increase in the Consumer Price Index as published in July of the year of the last reported ASCAR plus 2% or the actual reported increase in allowable residential care cost components as reported in said ASCAR, whichever is the lesser. Increases in the residential care cost component of Fixed Expenses over the previous contract year will be fully reimbursed, subject to review, except that increases in workers' compensation, dental insurance, hospital insurance, retirement, and other fringes resulting from revision, modification or expansion of benefit plans, unless such changes in benefit plans were previously approved by the department, are non-allowable costs.

(b) Educational Service Costs:

(1) Educational service costs are those costs directly incurred in providing children and other minors placed in the APSEP with an education in accordance with Connecticut General Statutes 10-76a et. seq. In addition, educational service costs include costs properly allocated under Section 17a-17-8 of these regulations to educational services.

(2) Allowable educational service costs are separated into three cost components: Personal Services, Other Expenses and Fixed Expenses.

(3) Except for increases previously approved by SDE, increases in the educational service cost components of Personal Services and Other Expenses, in their respective aggregate by activity, over the previous contract year are limited to the increase in the Consumer Price Index as published in July of the year of the last reported ASCAR plus 2% or the actual reported increase in allowable educational service cost components as reported in said ASCAR, whichever is the lesser. Increases in the educational service cost component of Fixed Expenses over the previous contract year will be fully reimbursed, subject to review, except that increases in workers' compensation, dental insurance, hospital insurance, retirement, and other fringes resulting from revision, modification or expansion of benefit plans, unless such changes in benefit plans were previously approved by SDE, are nonallowable costs.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-6 Non-allowable costs

Costs that are not allowable include but are not limited to:

(a) Legal, accounting, professional services and related costs incurred to represent the agency in any actions against federal, state or local agencies.

(b) Fines and penalties.

(d) Advertisement (except for recruitment of personnel).

(e) Contributions.

(f) Medical and dental services, to the extent these services are covered by Title XIX.

(g) Fund-raising expenses to the extent that these expenses exceed the amount of contributions used to offset allowable costs.

(h) Payments made by the treatment center to a related party are non-allowable unless the treatment center provided sufficient data to satisfy the Commissioner that said costs were necessary and reasonable.

(i) Educational services costs incurred not in accordance with an IEP.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-7 Depreciation/use allowance

(a) The straight-line method of calculating depreciation shall be used to compute the useful life of equipment valued at $500 or more based on the initial acquisition cost. Useful life shall be calculated in accordance with the American Hospital Association publication "Estimated Useful Life of Depreciable Hospital Assets," 1983 Edition.

(b) Treatment centers may convert their existing depreciation reports to schedules which are consistent with the straight-line method as specified above.

(c) Total depreciation charges throughout the useful life of the equipment or real property shall not exceed the original cost of acquisition.

(d) Charges for depreciation shall be supported by adequate property records, including acquisition date and cost, and the depreciation period and the amount charged each cost period where applicable.

(e) Physical inventories shall be taken and documented at least once every two years for depreciable equipment.

(f) Gains or losses on the sale, retirement or other disposition of vehicles and other equipment shall be included as credits or charges in the year in which they occur.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-8 Allocating costs

(a) A portion of allowable costs properly attributable to the provision of educational services shall be allocated in accordance with this section.

(b) Allocations shall be based on floor space utilization, in the case of real property expenses, utilities, fuel, property-related insurance, property taxes, housekeeping, maintenance, and reasonable interest expenses.

(1) The calculation of floor space utilized shall be based on the percent of actual square feet available that is used by the treatment center for either residential care or educational services or both. Common area square footage is not includable in this calculation. Common area refers to space used for lobbies, recreational areas, administrative areas, maintenance and food service.

(2) To the extent that the same space is used for both residential care and educational services, the percentage of time reserved for each use shall be the basis for allocating floor space under this section.

(3) Changes in the floor space for a program during the budget year that are greater than 5% of the existing floor space must be fully explained and must receive prior written approval from the Commissioner.

(c) For purposes of allocating personnel expenses including related educational services and residential care services, the following procedures apply:

(1) When an employee spends all of his time on either residential care or educational services, the cost must be charged to that activity.

(2) When an employee spends his time on both residential care and educational services, the cost chargeable to that activity must be based on the time actually expended.

(3) Records of allocated time and charges must be maintained to verify allocation of payroll cost.

(d) For purposes of allocating transportation costs and equipment, only those costs actually related to the activity may be allocated.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-9 Offsets to allowable costs

(a) Grants, gifts, fund-raising and endowment income anticipated to be received during the next contract year and specifically designated by the donor for payment of allowable costs shall be offset against those costs and allocated to either residential care or educational services.

(b) Payments anticipated during the next contract year from governmental sources other than local education agencies, the department or SDE shall offset allowable costs.

(c) At the discretion of the treatment center, a portion of non-designated income anticipated for the next contract year may be included to offset allowable costs. Such designation shall not be considered an offset to allowable costs in future years.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-10 Calculation of revenue

(a) Treatment centers must identify and list all revenue or income earned and/or donated during the fiscal year on the ASCAR. All sources of and restrictions on this income must be listed. The use of non-designated income must also be listed.

(b) Treatment centers must allocate revenue to residential care, educational services or other programs based on restrictions and/or use of the income.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-11 Computation of per diem rate for residential care

(a) The calculation of a per diem payment rate for residential care will be based on the approved operational program and the ASCAR; specifically, allowable properly allocated costs for residential care during the past contract period, less revenue allocated to residential care and offsets to allowable residential care costs will provide the net residential care costs which is the basis for computing the per diem payment rate.

(b) Private fees for service income will not be used in ascertaining the per diem rate, unless the days of care are reduced to reflect occupancy of the privately paid for residents.

(c) The net residential care costs shall be updated for the two year period between the year being reported and the year for which the rate is being set as follows:

The first year following the reporting year will be updated by applying the legislative increase for the private facilities' portion of the Board and Care account for that year. The second year following the reporting year will be updated by applying the percentage increase for the private facilities' portion of the Board and Care account as promulgated in the Governor's budget document.

(d) Other requests for adjustments must be supported by complete documentation; only those adjustments deemed necessary by the department for the provision of residential care will be considered.

(e) Analysis of the ASCAR and other relevant information relating to management, financial and programmatic performance will be considered in the rate adjustment process. Inadequate management, financial and programmatic performance may result in a contract term of less than twelve months.

(f) For treatment centers operating at greater than 95% of residential capacity, during the previous contract year, the per diem payment rate for residential care will be calculated as follows:

The adjusted net residential care cost divided by 95% of the approved capacity multiplied by 360.

(g) For treatment centers operating at 90% to 95% of residential capacity during the previous contract year, the per diem payment rate for residential care will be calculated as follows:

The adjusted net residential care cost divided by the actual number of residential days of care of children served by the treatment center during the past contract year equals the per diem payment rate for residential care.

(h) For treatment centers operating at less than 90% residential capacity during the previous contract year, the per diem payment rate for residential care will be calculated as follows:

The adjusted net residential care cost divided by the minimum number of residential days of care of children served by the treatment center during the past contract year equals the per diem payment rate for residential care. Minimum number of residential days of care is calculated based on 90% of approved residential capacity multiplied by 360.

(i) In no event shall the department pay or reimburse a treatment center for residential care for children under the supervision of the department in an amount exceeding costs charged for similar care for other minors, within the same facility.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-12 Computation of per diem payment rate for educational services

(a) The calculation of a per diem payment rate for educational services will be based on the operational program and the ASCAR; specifically, properly allocated costs for educational services during the past contract period, less revenue and offsets allocated to education services will provide net educational services cost which is the basis for computing the per diem payment rate.

(b) The net educational services cost shall be updated for the two year period between the year being reported and the year for which the rate is being set as follows:

(c) Other requests for adjustments must be supported by complete documentation; only those adjustments deemed necessary by SDE, in consultation with the appropriate LEA, for the provision of educational services will be considered.

(d) The per diem payment rate for educational services will be calculated as follows:

The adjusted net educational services cost divided by the total number of educational days delivered to all children and other minors at the APSEP during the past contract year equals the per diem payment rate for educational services.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-13 Temporary supplement

(a) A treatment center may apply to the Commissioner for a temporary per diem payment rate supplement for additional residential care not included in the approved program. The need for temporary supplement for residential care must be documented and submitted to the Commissioner for approval.

(b) A treatment center may apply to the SDE for a temporary rate supplement for additional educational services required by extraordinary conditions. The need for temporary rate supplement for educational services must be documented and approved by the SDE.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-14 Interim rate-setting for newly licensed treatment center

(a) All newly-licensed treatment centers shall file a proposed operational program with the Commissioner along with a proposed budget on forms provided by the Commissioner.

(b) Proposed budgets shall include the following information:

(1) Anticipated allowable and properly allocated residential care costs.

(2) Anticipated educational service costs.

(3) Anticipated properly allocated revenue.

(4) Anticipated properly allocated offsets to allowable costs.

(c) Proposed budgets must be prepared and reported in accordance with these regulations and will be reviewed for accuracy and reasonableness in view of statewide averages.

(d) The Commissioner in consultation with SDE shall establish interim per diem payment rates for residential care and educational services for newly-licensed treatment centers based on an approved budget for the first year of operation.

(e) Interim rates shall remain in effect until a per diem payment rate is established pursuant to Section 17a-17-11 and 12 of these regulations or other applicable sections of these regulations, based upon a 12-month ASCAR ending June 30th.

(f) All newly-licensed treatment centers will file with the Commissioner a semiannual certified financial report. The requirements of these regulations with respect to reporting documents shall apply to this report. The Commissioner in consultation with SDE may adjust the interim rates based on this financial report.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-15 Post-audit adjustments

(a) If an audit of the treatment center's records reveals errors which have resulted in overpayment to the treatment center, the department in consultation with SDE may make further adjustments to the per diem payment rate(s) for the treatment center or may request immediate reimbursement for this overpayment. In the case of adjustments to be made to the per diem payment rate(s), the department will provide 30 days notice to the treatment center and an opportunity for the treatment center to review the audit report. The Commissioner may request financial assurances from the treatment center in the event the treatment center has been cited by the department or SDE on more than one occasion for erroneous reports.

(b) If an audit of the treatment center's records reveals an underpayment to the treatment center, the department in consultation with SDE, may make further adjustments to the per diem payment rate(s) for the treatment center or, if the treatment center is no longer receiving per diem payments, appropriate reimbursement may be made.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-17-16 Hearings

(a) Any treatment center which is aggrieved by the rate making decision for residential care pursuant to these regulations, may, within 30 days after written notice thereof, file with the Commissioner of the department a written request for a hearing on all items of aggrievement:

Said hearing and all subsequent appeals therefrom shall be conducted in accordance with the provisions of Connecticut General Statutes Section 4-176e et. seq.

(b) Any treatment center which is aggrieved by the rate making decision for educational services pursuant to these regulations, may, within 30 days after written notice thereof, file with the Commissioner of SDE a written request for a hearing on all items of aggrievement:

Said hearing and all subsequent appeals therefrom shall be conducted in accordance with the provisions of Connecticut General Statutes Section 4-176e et. seq.

History

Effective February 1, 1994

17a-20 Department Assistance to Psychiatric Clinics and Community Health Facilities

Regs., Conn. State Agencies § 17a-20-1 Application for funds

Application for funds under Section 17a-20 of the General Statutes shall be made on forms to be provided by the State Department of Children and Families, hereinafter referred to as the Department. The application shall set forth a definition of the principal towns and areas to be served by the applicant; background of the organization submitting the application; description of children/youth and families to be served; rationale and need for the service; service objectives and description of expected achievement or outcome during the total service period.

The applicant shall submit, upon request of the Department, details pertaining to its corporate status and authority, if incorporated, or other information pertaining to its legal status and authority.

The applicant and the Department shall develop the method proposed to assess the program's effectiveness. The applicant shall set forth a written plan by which it proposes to coordinate its activities with those of other community agencies and organizations presently providing mental health services to children/youth and their families or contributing in any way to the continuum of services to children/youth in the area. Copies of all formal agreements with other community agencies must be attached to the application.

The applicant shall describe on forms provided by the Department the personnel requirements and qualifications needed to carry out its program proposal.

A detailed budget of anticipated program expenses in implementing the proposal and a statement showing the anticipated income specifying the sources of such income must be included.

The applicant shall submit five copies of the application to the Department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-20-2 Review of application

The Department shall review the application within sixty working days of the receipt of the application. The Department and/or the applicant may request review of the application by the appropriate Department Regional Advisory Council.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-20-3 Criteria

The Department, in making allocations, shall consider the extent to which the proposal contained in the application emphasizes the provision of mental health services that are designed to (1) effectively decrease the prevalence and incidence of mental illness, emotional disturbance and social dysfunctioning, (2) promote mental health in individuals, groups and institutions, and (3) provide indirect services such as consultation, public education and training. The grantee shall have available the services of a sufficient number of qualified mental health professionals. These professionals shall include, but not be limited to, child psychiatrists, psychologists, and social workers. When these qualified professionals are not available, arrangements shall be made to obtain equivalent services on at least a continuing consulting basis. There shall be a sufficient number of other qualified mental health professionals and para-professionals as necessary to carry out the clinical programs. These shall include, but not be limited to, other physicians, psychiatric nurses, educators, speech and hearing specialists, etc. There shall be an adequate number of support personnel to provide the necessary services for administrative and clinical functions.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-20-4 Method of allocation

(a) The allocation of funds made by the Department shall be on the basis of a contract or letter of award for services. Each contract or Letter of Award shall set forth the terms and conditions under which the award will be made, the manner in which payments will be made, the period for which awards will be granted, and will make reference to the specific programs described in the application; (b) if, after completion of payments under the conditions set forth in the contract or Letter of Award, it is determined by the Department that the total paid hereunder, together with income from other sources applicable to the program, exceeds the total expenses for the period of the award, the applicant shall be required to refund to the Department, the amount of such excess within thirty (30) days of such termination.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-20-5 Account reports

A complete account of income and expenses shall be maintained by the applicant in accordance with guidelines set forth by the Department and is subject to audit for a period of three years following the final date of the period for which the award is made. Quarterly reports of expenditures and income shall be made by the applicant on forms supplied by the Department. Other reports providing statistical data, statements of program evaluation, and other related material shall be submitted as required by the Department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-20-6through17a-20-10 Reserved for future use

Sec. 17a-20-6through17a-20-10. Reserved for future use

Regs., Conn. State Agencies § 17a-20-11 Definitions. As used in section 17a-20-11 to 17a-20-61, except as otherwise provided therein

(1) "Outpatient Psychiatric Clinic for Children" or "Clinic" means a community-based children's mental health facility which provides mental health services to children and adolescents under eighteen years of age and their families. These services are designed to: (A) promote mental health and improve functioning in children, youth and families; and (B) effectively decrease the prevalence and incidence of mental illness, emotional disturbance and social dysfunctioning. Responsibility for diagnostic and treatment services is vested in a multi-disciplinary team comprised of psychiatrists, psychologists, social workers, marriage and family therapists or other mental health professionals. Supervision of clinical services may be provided by a psychiatrist, psychologist, social worker or marriage and family therapist with appropriate child experience and state licensing. Services shall include but not be limited to diagnostic evaluation, psychological testing, family, group and individual therapies, medication services, crisis or emergency interventions. These clinics shall make every effort to respond flexibly and be accessible to their client population, as well as to work in collaboration with schools, the child welfare system, and other child caring agencies. Services are provided to the general public without bias because of race, sex, ethnicity, religion, or sexual preference and are culturally competent. Clinics shall have in place overall policies and procedures in compliance with sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies. Clinics shall be licensed by the Department of Children and Families;

(2) "Department" means the Department of Children and Families;

(3) "Commissioner" means the Commissioner of Children and Families;

(4) "Children, youth and their families" means any person under the age of eighteen years and their family;

(5) "Satellite Site" means a location separate from the primary clinical facility at which clinic outpatient services are furnished on an ongoing basis meaning with stated hours per day and days per week;

(6) "Clinic off-site services" means clinic services provided at a location which is not physically a part of the licensed clinic but whose services emanate from the licensed clinic. Such locations may include the recipient's home, acute care hospital, school, recreational center or similar provisional location. Off-site services do not require separate licensing but shall be specified in the licensing process as locations where services are provided;

(7) "Assessment" means a multidisciplinary process which shall include but not be limited to a review of individual, developmental, family, social, educational, financial, medical, and legal status considerations.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-12 Issuance of license. Not transferable or assignable

(a) A license for an Outpatient Psychiatric Clinic for Children shall be issued only to the clinic which makes an application and only for the address shown on the application and any identified satellite site, and shall not be transferable or assignable. When issuing a license, the department may impose restrictions on a clinic.

(b) Licenses for Outpatient Psychiatric Clinics for Children shall be issued biennially.

(c) The department may determine that a clinic or organization licensed as an outpatient psychiatric clinic for adults by the State of Connecticut, or accredited by a national mental health accrediting body (e.g., Council on Accreditation, Joint Commission on Accreditation of Healthcare Organizations), meets the standards of sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies if, during the review of existing licenses or accreditation, it is determined that the clinic or organization has recently met these standards. The applicant shall attest that such licensure or accreditation complies with sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-13 Display of license

Each licensed clinic shall publicly display the license on its premises in a prominent place.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-14 Access of commissioner or designee to premises

The Commissioner or his designee shall have access at all reasonable times to the premises described on the license. If child abuse or neglect is suspected, access shall be at any time.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-15 Technical consultation with applicant or licensee

Except as provided in Section 17a-20-17 of the Regulations of Connecticut State Agencies, the department shall be available to provide technical consultation with the applicant or licensee to assist them to achieve compliance with sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-16 Causes for denying, suspending, revoking or refusing to renew license

A license may be denied, suspended, revoked or its renewal refused for any of the following reasons:

(1) Failure to comply with regulations pertaining to the licensure of the clinic;

(2) Failure to comply with applicable state or local laws, ordinances, rules and regulations, including but not limited to those pertaining to health, safety, fire prevention and protection, building, sanitation and zoning;

(3) Violation of any of the provisions under which the license was issued;

(4) Making of any fraudulent or misleading statement in order to maintain or retain the license;

(5) Failure to provide information or documentation requested by the Commissioner or his designee;

(6) Failure to allow the Commissioner or his designee access to the premises;

(7) Employment of any person who, within five years of the date of application for a license, has been convicted of a felony against persons, or injury or risk of injury to a minor, or impairing the morals of a child, or for the possession, use or sale of a controlled substance.

History

Adopted effective February 1, 1999; Amended August 10, 2000

Regs., Conn. State Agencies § 17a-20-17 Hearing on denial, suspension, revocation or refusal to renew a license

Any clinic may, within fifteen (15) days after receipt by certified mail of notice of denial, suspension, intended revocation or refusal to renew a license, submit a written request for an administrative hearing thereon in accordance with the Uniform Administrative Procedures Act, Chapter 54, of the Connecticut General Statutes. Denial or refusal to renew a license shall be stayed until such hearing is held except as provided in Subsection (c) of Section 4-182 of the Connecticut General Statutes. In the absence of such request for a hearing during this time period, the license shall be either denied, suspended, revoked or not renewed.

History

Adopted effective February 1, 1999; Amended August 10, 2000

Regs., Conn. State Agencies § 17a-20-17a Suspension of a license

If the department finds the health, safety or welfare of children requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

History

Adopted effective August 10, 2000

Regs., Conn. State Agencies § 17a-20-18 Limitation of the use of license

If the department finds that the health, safety or welfare of children is jeopardized or operation of the clinic is in substantial noncompliance with sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies, it may limit the use of said license pending corrective action or further proceedings.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-19 Return of license to the commissioner

Upon discontinuance of the licensed clinic, or revocation of the license, the license shall be returned by the clinic to the Commissioner within fourteen (14) days after receipt of such request.

History

Adopted effective February 1, 1999; Amended August 10, 2000

Regs., Conn. State Agencies § 17a-20-20 Waiver of requirements

A clinic shall comply with all relevant regulations unless a waiver for specific requirements has been granted through a prior written agreement with the department. This agreement shall specify the particular requirements to be waived, the duration of the waiver, and the terms under which the waiver is granted. The department shall grant a waiver only if it determines that the aims of the requirements can still be achieved. If the clinic fails to comply with the waiver agreement in any part, the agreement shall be immediately canceled and the license may be immediately suspended, revoked or renewal denied.

History

Adopted effective February 1, 1999; Amended August 10, 2000

Regs., Conn. State Agencies § 17a-20-21 Record retention

The child's record shall be retained by the clinic for at least seven years following discharge from services. The method of destruction of such record shall be incineration or shredding. If a clinic ceases operation, all case records shall be given to the department, or upon order, to a court of competent jurisdiction. These records, while held by the department, are not considered records of the department for purposes of Section 17a-28 of the Connecticut General Statutes.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-22 Personnel policies and procedures

(a) Personnel policies and operating procedures regarding clinic employment and personnel practices shall be in writing and on file with the department. A copy shall be given to each employee and volunteer worker. All applications for employment or volunteers shall have a criminal conviction records check completed before being hired or selected; the results of which shall be filed, separately and confidentially in their personnel record. All direct care personnel shall have a physical examination, including a test for tuberculosis, not more than twelve months prior to assuming their assigned duties.

(b) A clinic shall not hire or employ anyone who, within five years of date of employment has been convicted of a felony against persons, or injury or risk of injury to a minor, or impairing the morals of a child, or for the possession, use or sale of a controlled substance. If any employee of the clinic is convicted of a felony against persons, or for injury or risk of injury to a minor or for impairing the morals of a child, or for the possession, use or sale of a controlled substance, such conviction shall constitute grounds for the dismissal of the employee. Prior to employment and anytime thereafter upon request all employees shall undergo a State Police background check for any convictions. A clinic shall maintain written job descriptions outlining the general requirements for each position. A copy shall be given to each employee. All job descriptions shall be made available to all staff upon request. An employee grievance procedure shall be documented and disseminated to all staff. A clinic shall provide staff reasonable access to their personnel file. There shall be written policies and procedures that are designed to assure the confidentiality of personnel records and specify who has access to various types of personnel information. Personnel policies shall include a written plan for staff training and development that includes but is not limited to: introductory orientation; ongoing training and development; supervision; annual evaluations; and external training and education.

(c) Clinics, their staff, trainees, students, and volunteers shall only provide services within their ability and skill level. Referrals shall be made to other staff or organizations with the appropriate ability or skill as necessary. Unlicensed staff, trainees, students, and volunteers shall function under the direct supervision of a licensed or certified person with expertise in a designated area of mental health or substance abuse.

(d) There shall be a written policy delineating procedures and requirements for the granting of clinical privileges within the clinic. The process for granting clinical privileges for members of the professional staff shall include consideration of the ages of the individuals to be served.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-23 Health, sanitation, fire safety and zoning approval

(a) Health and sanitation approval by the state and local departments of health, approval for fire safety by the state or local fire marshals, certificate of occupancy and compliance with local zoning are prerequisite to licensing upon initial application. State or local fire and health approvals shall be required for renewal of a license.

(b) A clinic shall ensure that all structures and space used by the clinic are free from any danger to health or safety. The clinic shall ensure the availability of comfortable and sufficient space to staff and children, youth and their families in treatment to permit effective operation of the clinic. A clinic shall have a written policy and procedures regarding emergency planning and procedures including evacuation due to fire and natural disasters, staff responses to emergency medical situations, and staff responses to emergency mental health situations. A clinic shall conduct unannounced, fire drills in which all staff and children shall participate at a frequency established by the Connecticut Fire Safety Code. Documentation of fire drills held shall be maintained on a standardized form which records the date, time, minutes taken to evacuate, problems noted, follow up to problems and simulated conditions of the drill. Fire evacuation diagrams shall be posted at eye level of the children, youth and their families in treatment and written in the primary language of the children, youth and their families in treatment.

(c) There shall be an agency-wide policy for smoking, and the policy shall address smoking by staff, visitors, and clients. The policy shall comply with applicable state and federal laws concerning smoking in public areas.

(d) Clinics shall develop written standards regarding housekeeping supplies and procedures in keeping with its established infection control program.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-24 Hazardous equipment

All power-driven machines and other hazardous equipment shall be properly safeguarded and their use by children regulated by supervisory staff of the clinic.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-25 Construction

The plans and designs for all new construction, additions to or substantial modification of buildings or parts of buildings used or to be used in the operation of the clinic shall be submitted to the Commissioner or his designee for review before such construction is contracted for or begun. The proposed plans shall include written confirmation of required fire, health, safety and zoning approvals. The Commissioner or his designee shall determine if the proposed plans are in compliance with the intent of sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies within thirty (30) days of the submittal of such plans.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-26 Water supply

The water supply shall be adequate and potable. If the clinic is not served by a public water supply, the well water shall be analyzed and approved by the state department of public health, local department of health or a private water testing laboratory approved by the state department of public health at the time of initial licensure and at any subsequent time the department deems such testing as necessary.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-27 Sewage and garbage facilities

Adequate and safe sewage and garbage facilities shall be maintained.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-28 Heating, ventilation and lighting

Comfortable heating, sufficient ventilation, and both natural and artificial lighting shall be provided.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-29 Lavatory facilities

The clinic shall have an adequate number of lavatories to meet the needs of clients and employees. The bathroom equipment for the children, youth and their families shall be of appropriate size and height for their use. Bathrooms and toilets shall allow for individual privacy.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-30 Kitchens, equipment, food handling

If a clinic provides for the serving of snacks or meals, the food served shall be wholesome and of sufficient quantity. All kitchens shall be clean, well lighted, properly ventilated and screened, and provided with essential and proper equipment for the preparation and serving of food. Storage, refrigeration and freezer facilities shall be adequate for the number of persons to be served. All perishable foods shall be refrigerated at a temperature at or below 45 degrees Fahrenheit. Freezers and frozen food compartments shall be maintained at minus 10 degrees to 0 degrees Fahrenheit. Cooking utensils, dishes and tableware shall be in good condition and proper cleaning facilities for the equipment shall be provided. Dishes shall be stored in a clean, dry place protected from flies, dust or other contamination. Proper food handling techniques and sanitation to minimize the possibility of the spread of food-borne diseases shall be maintained. The clinic's kitchen, equipment and food handling shall comply with all applicable sections of the public health codes and all other state and federal laws.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-31 Eating areas and supervision

Designated areas for serving meals or snacks shall be kept clean and attractive, well-lighted, properly screened and ventilated, and shall be large enough to accommodate the children and staff responsible for their supervision. Staff supervision shall be adequate to ensure a safe and comfortable atmosphere for eating.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-32 Housekeeping equipment and supplies

Housekeeping equipment and supplies shall not be accessible to children unless an individual determination is made concerning their ability to safely use them or their use is under direct staff supervision. Such materials shall be maintained in a safe, protected space which shall be clean, dry, well lighted, ventilated and in good repair, free from rodents and other vermin.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-33 Internal and external security

The clinic shall provide adequate internal and external security to ensure the safety of children and staff.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-34 Children's grievance procedure

Clinics shall have written grievance procedures for children and their families. This policy shall be explained to the child and family and, if the child is unable to sign his or her name, the parent or guardian shall sign the form after the child has been informed. The staff member shall enter a note into the child's case record confirming that this explanation has taken place. Any grievance and its disposition shall be recorded in the child's case record.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-35 Patients rights

Clinics shall have, in writing, policies and procedures which address patient rights. These shall include, but not be limited to, the following:

(1) A policy which requires the clinic to obtain informed consent from the legal guardian for treatment of the client. Such consent shall be in writing, shall describe in specific terms the treatment for which consent is given, and shall be signed by the legal guardian;

(2) Procedures which ensure the confidentiality of information;

(3) Procedures which ensure that a client's privacy is protected;

(4) Procedures which ensure that a client is informed of his rights in a manner and language that promotes understanding of those rights;

(5) Procedures providing for the review of treatment plans to ensure that the treatment is consistent with the rights of the client and the philosophy of the clinic. All treatment plans shall meet accepted ethical standards;

(6) Procedures, where, upon request, the client or his family is provided with information regarding the professional education and experience of the treating clinician.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-36 Informed consent for research, experimentation, or clinical trials

Policies shall be in place to protect the rights of children and their families during any research, experimentation, or clinical trials with signed informed consent including:

(1) A description of benefits to be expected;

(2) A description of the potential discomforts and risks;

(3) A description of alternative, non-experimental services that might also prove advantageous to them;

(4) A full explanation of the procedures to be followed, especially those that are experimental in nature;

(5) Assurance of their right to refuse to participate in any research project without comprising their access to services.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-37 Confidentiality

(a) All case records are confidential and shall be maintained in locked files or secured areas only available to duly authorized personnel listed in the written personnel and policy procedures of the clinic.

(b) The guardian or custodian of the child shall be entitled to receive, upon request, reports and information concerning the health, behavior and progress of the child, and all other information allowed under the provisions of Sections 52-146c through 52-146j, inclusive, and Sections 17a-540 through 17a-550, inclusive, of the Connecticut General Statutes, and Federal Statutes Title 42 USC 290dd-2.

(c) The child's record shall be retained by the clinic for at least seven years following discharge. The method of destruction of such records shall be incineration or shredding. If a clinic ceases operation, all children's case records shall be given to the department, or upon order, to a court of competent jurisdiction.

(d) The clinic shall not disclose information pertaining to a child or family to other persons, unless the parent or guardian has given written permission, except in an emergency or in a case of suspected child abuse or neglect or by a court order, or as permitted in Sections 52-146f through 52-146i, inclusive, of the Connecticut General Statutes.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-38 Record of enrolled children

The clinic shall keep a record of each enrolled child, including name, address and telephone number of parent or guardian; child's date of birth, enrollment date; attendance record; accidents and major illnesses while in care and date of termination from the clinic's program.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-39 Office space. Confidential files

Private office space shall be available for administrative and counseling staff. There shall be office space available large enough to accommodate family counseling or group therapy in a comfortable and confidential manner. There shall be locked files for all confidential material. The records shall not be available to anyone other than authorized persons. A list of duly authorized personnel shall be maintained by the clinic.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-40 Referral process

(a) The clinic shall consider for admission all referrals regardless of race, sex, religion, sexual orientation, disabilities or ethnic origin.

(b) In the case of refusal, the clinic shall document the reason for refusing admission and so inform the referring agency of these reasons and include recommendations for a more appropriate treatment program.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-41 Assessment process

(a) The assessment of a client shall be conducted by one or more qualified staff members. There shall be a written report of the assessment and the report shall describe the methods and material used in the evaluation. Any formal or informal tests which are used shall be named in the report and any scores obtained shall be included. Information shall be obtained regarding the client's medical, psychological, developmental and familial history; educational status and academic achievement; social and emotional background and status, the presenting problems and any other relevant information. The assessment shall yield information regarding the client's strengths and weaknesses.

(b) During the assessment, the child's age, cultural background and dominant language or mode of communication shall be considered.

(d) In all clinics, a mechanism shall exist that is designed to coordinate and facilitate the family's or guardian's involvement throughout the assessment process. This mechanism includes:

(1) An assessment of the effect of the family or guardian on the condition of the individual served and the effect of that condition on the family or guardian;

(2) An assessment of the individual's legal custody status, when applicable;

(3) An assessment of the individual's growth and development, including physical history, emotional, cognitive, educational, nutritional, and social development;

(4) An assessment of the individual's play and daily activity needs;

(5) The family's or guardian's expectations for and involvement in the assessment, initial treatment, and continuing care of the individual served.

(e) The clinic shall be able to perform psychological and psychiatric evaluations as needed.

(f) In the event a clinic provides substance abuse laboratory testing, the clinic shall comply with all relevant state and federal requirements.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-42 Treatment plan

(a) The clinic shall ensure that there is an individualized treatment plan for each child within thirty (30) calendar days of the child's entry into the clinic's program unless documentation demonstrates why this was not possible.

(b) The treatment plan shall specify measurable and time-bounded goals and objectives to be achieved by the child and family in order to establish or re-establish emotional health.

(d) The treatment plan shall specify any specialized services or treatment to be provided by the clinic as well as identify the person responsible for implementing or coordinating the implementation of the treatment plan. The treatment plan shall include referrals for relevant services that the clinic does not provide directly.

(e) The treatment plan shall delineate the specific criteria to be met for termination of treatment. Such criteria shall be part of the initial treatment plan and all subsequent plans.

(f) The treatment plan shall identify the supports and resources that may be required for discharge.

(g) Preliminary plans for discharge shall be discussed as well as alternative aftercare programs, when appropriate.

(h) The treatment plan specifies the frequency of treatment procedures.

(i) The treatment plan shall specify the anticipated discharge date.

(j) The number of contacts shall be specified for the delivery of treatment services.

(k) The clinic shall ensure that the treatment plan and any subsequent revisions are explained to the child and his parent or guardian in language understandable to these persons.

(l) The treatment plan shall be signed by the chief administrator of the clinic or his designee; the child, if he is capable of doing so, and the child's parent or guardian.

(m) In accordance with the treatment plan, each record shall contain notes which document services provided and progress made toward goals and objectives. Each note shall be typewritten or entered in ink by a qualified staff member or consultant and shall be dated, legibly printed, signed by the person making the entry, and include the person's title.

(n) The clinic shall have policy and procedures governing the use of special treatment procedures which shall be consistent with state statutes and regulations, and shall receive prior approval by the department.

(o) The treatment-planning process is designed to ensure that care is appropriate to the individual's specific needs and shall provide an assessment of the severity of his or her condition, impairment, or disability.

(p) The treatment plan shall reflect the individual's clinical needs and condition and identify functional strengths and limitations.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-43 Treatment plan review

(a) The clinic shall review each treatment plan initially ninety (90) days after the completion of the initial treatment plan. This review shall document and evaluate the progress or lack thereof toward the established goals and objectives and shall revise the treatment plan accordingly. Thereafter, individual treatment plans shall be documented and reassessed at ninety (90) working day intervals as well as when a significant change in condition or diagnosis occurs.

(b) The treatment plan shall indicate the date of the next review and identify the individuals who participate.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-44 Discharge and aftercare procedures

(a) The clinic shall establish criteria for discharge, including administrative and emergency discharges.

(b) When a child is discharged, the clinic shall compile a complete written discharge summary within thirty (30) days of the date of discharge.

(c) The discharge summary shall include the name, address and telephone number of the clinic. It shall also include a summary of the treatment services which have been provided; progress in treatment; treatment needs which remain; specification of follow-up services, including alternate service possibilities, the identification of those responsible for such follow-up; and recommendations for any other services.

(d) When the discharge date is not in accordance with the child's treatment plan, the following items shall be added to the summary: the circumstances leading to the unplanned discharge; the actions taken by the clinic regarding the discharge and the reason for these actions.

(e) All discharge documentation shall be maintained in the child's case record.

(f) Services shall reflect continuity in care from assessment and diagnosis, to planning, and treatment of those served. Each client shall receive Case Management as part of their services, meaning that each child shall be provided coordination among service providers when multiple providers exist.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-45 Agreement between outpatient psychiatric clinic for children and parent or guardian

The clinic staff shall discuss with the parent or guardian the responsibilities of the clinic and those of the parent or guardian with regard to the treatment of the client. The following information shall specifically be discussed and shall be included in the case record:

(1) Hours and days of service, fees, and arrangements for the client's arrival and departure arrangements;

(2) Procedures for medical emergencies;

(3) Procedures for the administration of medication, if applicable;

(4) Indication that the clinic has informed the parent or guardian of the clinic's reporting responsibilities, pursuant to Section 17a-101 of the Connecticut General Statutes.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-46 Reporting to the department

The clinic shall report, in writing, to the department on the next working day any emergency circumstances which alter the service as originally licensed or statement of fact in the application for licensing.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-47 Health and medical treatment. Administration of first aid. Prescription medication. Administration of medicine or treatment. Written records. Storage of drugs, medicines and instruments. Sick room. Telephone

(a) A clinic that provides medical treatment for clients shall have a written plan which describes the arrangements for routine and emergency care.

(b) There shall be written policies and procedures, reviewed by a physician at least annually, for the administration of first aid care to children with minor illnesses. Appropriate first aid supplies shall be available in the clinic, out of the reach of children.

(c) The clinic shall have a written policy and procedures governing the prescribing of medications. Such policy shall include provisions that there be informed consent, signed by the parent or guardian, acknowledging that they have been provided with a written description of the medication including possible side-effects and contraindications.

(d) There shall be written policies and procedures, reviewed by a physician at least annually, for the administration or use by children of prescription and nonprescription medicines. Such policies and procedures shall only permit prescription medication to be administered to a child upon the written order of the child's physician and written approval of the parent or guardian.

(e) In accordance with Section 20-14i of the Connecticut General Statutes, only staff who have been fully trained to administer and monitor medications shall be permitted to administer such medication. The clinic shall also have written criteria which are used to designate staff who administer medication and shall maintain a roster of those designated to administer medication. The clinic shall also have a written policy for the training of staff regarding medication. There shall be periodic reviews of the staff's knowledge of medication and other treatment and, where necessary, staff training shall be completed.

(f) A written record shall be kept of the administration of all prescription and non-prescription medicine to a child, identifying the medicine and dosage, time of administration and the person who administered the medicine.

(g) All drugs, medicines and medical instruments shall be kept in labeled containers out of reach of children in a locked cabinet accessible only to designated staff members. A child may keep and administer prescribed medicines himself only with the written approval of his physician and parent or guardian and the agreement of designated staff that this practice would not be a risk for other children in the clinic.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-48 Code of ethical behavior

The clinic shall establish and implement a code of ethical behaviors that address at least the following:

(1) Ethical issues in patient care;

(2) Marketing, admissions, and billing practices;

(3) The relationship of the clinic and of its staff members to other health care providers, educational institutions, and payers.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-49 Rooms to be used for the treatment of children

Rooms shall be sufficient in size and equipment to accommodate the licensed program. Each room shall be comfortably and appropriately furnished, well heated, lighted, ventilated and screened, clean and cheerful.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-50 Fire, liability and vehicle insurance

The licensee shall carry insurance covering fire and liability as protection for children or youth in care. The licensee shall ensure that any vehicle authorized for use in transporting children in care, in accordance with the Connecticut statutory and regulatory transportation requirements and used by any of the licensee's staff on the licensee's business shall have insurance which covers liability.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-51 Written policies and procedures

(a) The policies and operating procedures of the clinic shall be in writing, shall be reviewed no less than annually by the director of the clinic and shall be amended and expanded where necessary. The written policies and procedures shall include, but not be limited to the following: enrollment of clients; treatment programs; discharge planning; supervision and discipline of clients; staffing requirements; and emergency medical care.

(b) The clinic shall have written policies and procedures describing the diagnostic process including types of information to be obtained, procedures to be followed, and types of records to be maintained.

(c) The clinic shall have written policies and procedures regarding family involvement and shall specify if family involvement is required for admission to the clinic's program.

(d) A clinic shall have written policies and procedures to ensure that a wide range of treatment modalities are available, including, but not limited to individual, group, family and psychopharmacological modalities. The clinic may provide the following services: vocational or pre-vocational training; recreational programming; speech therapy; occupational therapy; in-home services; and, other services appropriate to the needs of the children being served.

(e) Copies and any subsequent revisions thereof shall be made available to staff of the clinic. Copies and any subsequent revisions shall be provided to the department on at least an annual basis.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-52 Abuse of children. Discipline

The clinic shall prohibit abusive, corporal, humiliating or frightening punishment. Restraints shall only be used when appropriate. The control, supervision and discipline of children shall be the responsibility of the staff.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-53 Children not to be used for fund-raising

The clinic shall not require nor permit children to solicit funds or be identified by name, in photographs or in any other manner in its fund-raising material or in public relations unless written waivers are obtained from the parent or guardian.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-54 Case records

(a) Each clinic shall maintain a current confidential case record for each child in treatment including family, social and health history. The case record shall contain but not be limited to pre-admission data; the reason for admission; results of all diagnostic assessments performed; a summary of admission information; the individual treatment plan; a record of all care and services, including medical services, provided by the clinic; progress notes on the child in treatment; reviews of the treatment plan; the plan for discharge and disposition; a discharge summary and all other documents received and required for the treatment of a particular child.

(b) The case record shall contain only information pertaining to a particular child.

(c) The case record shall include contact summaries where appropriate and copies of special behavior contracts used for a particular child.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-55 Governing board

All licensed clinics shall have a governing board. Such board shall be legally constituted and shall manage its affairs in accordance with applicable provisions of law, its statement of purpose, its certificate of incorporation and its duly adopted bylaws. The board shall meet at least with the frequency specified in the corporation's bylaws and keep minutes of each meeting which shall be made a part of the permanent records of the facility. Minutes of the discussion of those matters relating to the operation of the clinic shall be made available to the department upon request. A written plan shall include setting a mission or statement of purpose for the clinic and providing the strategic, operational, programmatic, and other plans and policies to achieve the mission or fulfill the statement of purpose.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-56 Finances

The clinic shall have sufficient income and resources to adequately maintain the plant, equipment and program encompassed by sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies. Financial records showing the amount and sources of all income and expenses and of all assets and liabilities of the clinic and the sponsoring organization shall be maintained. There shall be an annual audit of all capital resources, assets, liabilities, receipts and expenditures by a qualified public accountant not affiliated with the clinic or organization as an employee. A copy of each such annual audit in such form as required by the Commissioner or designee shall be a part of the clinic's record and shall be submitted to the department upon request.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-57 Staffing and human resources

(a) There shall be a full-time chief administrative officer who shall be in charge of the overall management and planning in the clinic and carry out the policies of the governing board.

(b) The clinic shall employ sufficient numbers of qualified staff to ensure the safety and well-being of the clients.

(c) The clinic shall verify the licensure or certification of each member of the professional staff who is required to be licensed or certified pursuant to all Connecticut licensing and certification statutes.

(d) Each clinic shall designate a psychiatrist, licensed in the State of Connecticut, who is preferably a Child Psychiatrist, to serve as Medical Director for the clinic. If the clinic is unable to attain the services of a child psychiatrist, the Medical Director shall be a psychiatrist with significant documented prior experience working with children and adolescents.

(e) Each clinic shall designate a Clinical Director who shall be trained and have experience in children's mental health, and be a licensed mental health professional in Connecticut.

(f) A clinic shall actively recruit and employ qualified personnel representative of the racial or ethnic groups it serves. No person shall be denied employment in violation of Section 46a-60 of the Connecticut General Statutes.

(g) A clinic shall have a written policy regarding the utilization of volunteers and student interns. Such policy shall detail the duties and responsibilities of volunteers or interns, shall specify the degree of confidential information authorized for access by volunteers or interns, shall require that a personnel file be maintained for each volunteer or intern and shall stipulate that volunteers or interns given direct access to children undergo reference checks, orientation, training and evaluation similar to that of the clinic's professional employees. A copy of this policy shall be provided to each volunteer or intern.

(h) Every personnel record shall contain a form, signed by the individual at the time of entry, that he has read, understands and shall adhere to the provisions of Section 17a-28 of the Connecticut General Statutes regarding confidentiality for all children, Section 17a-101 regarding abuse and neglect reporting and Section 17a-550 regarding patients rights in the area of mental health services.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-58 Populations targeted for priority access

The clinic shall demonstrate the capability to provide priority access to children with serious emotional disturbance.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-59 Effectiveness of services

The clinic shall have a comprehensive and well-designed plan for measuring and improving its performance. The plan shall include:

(1) A statement of the clinic's general purpose, specific objectives, needs and practice guidelines;

(2) A description of the methodology which is used to collect and evaluate data and assess the performance of the clinic;

(3) A method for incorporating information yielded by the performance data and implementing changes based on data.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-60 Program description

Each clinic shall have a written program description which specifies: the statement of purpose; a description of overall approach to treatment and family involvement; the types of services provided; the characteristics of the children to be served; and the characteristics of those children not appropriate for the clinic's program.

History

Adopted effective February 1, 1999

Regs., Conn. State Agencies § 17a-20-61 Granting of funds to assist in establishing, maintaining, and expanding psychiatric clinics

Nothing in sections 17a-20-11 to 17a-20-61, inclusive, of the Regulations of Connecticut State Agencies nor the attainment of a license as a clinic shall be construed as an entitlement of funds or funding by the State of Connecticut or the Department of Children and Families.

History

Adopted effective February 1, 1999

17a-22 Department Aid to Day Treatment Centers for Emotionally Disturbed, Mentally Ill, and Autistic Children and Youth

Regs., Conn. State Agencies § 17a-22-1 Application for funds

Application for funds under Section 17a-22 of the General Statutes shall be made on forms to be provided by the State Department of Children and Families, hereinafter referred to as the Department. The application shall set forth a definition of the towns and areas to be primarily served by the applicant; background of the organization submitting; description of children/youth and families to be served; rationale and need for the service; service objectives and description of expected achievement or outcome during the total period.

The applicant shall submit, in detail, forms provided by the Department as to the personnel requirements and qualifications needed to carry out its program proposal. Detailed budget of program expenses anticipated in implementing the proposal and a statement showing the anticipated income specifying the sources of such income must be included.

The applicant shall submit five (5) copies of the application to the Department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-22-2 Review of application

Within 60 days of the receipt of the application, the Department shall review the application and assign to it a priority based on the relative needs of the region and the quality of the proposal contained in the application. The Department may request the application be reviewed by the Department's Regional Advisory Council.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-22-3 Criteria

The Department, in making allocations, shall consider among others, the following criteria:

(a) the extent to which the proposal contained in the application emphasizes the provision of day treatment services in order to maintain children/youth in their homes and/or in the community;

(b) the extent to which the proposal shows evidence of improvement in provision of continuity of mental health treatment services, preventive services and other relevant services as described in a formal agreement between applicant and other agencies within the service area;

(c) the extent to which the applicant proposes to provide an increase in service within its region or sub-region, and particularly with respect to serving previously unserved populations. Additionally, particular emphasis will be placed on proposals which made optimum use of available public and private resources within the community as witnessed by a written agreement;

(d) the extent to which the applicant proposes to analyze and evaluate the program's impact which may include but not be limited to the use erformance indicators such as "client satisfaction questionnaire";

(e) the extent to which the applicant meets the licensing or certification requirements as stipulated by the Department of Health for Day Care Centers and the Department of Education for Special Education Programs;

(f) there shall be an adequate number of clinical supportive personnel to provide the necessary services for the administrative and clinical programs.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-22-4 Method of allocation

(a) The allocation of funds made by the Department shall be on the basis of a contract or letter of award for services. Each contract or letter of award shall set forth the terms and conditions under which the award will be made, the manner in which payments will be made, the period for which awards will be granted, and will make reference to the specific programs described in the application;

(b) if, after completion of payments under the conditions set forth in the contract or letter of award, it is determined by the Department that the total paid hereunder, together with income from other sources applicable to the program, exceeds the total expenses for the period of the award, the applicant shall be required to refund to the Department, the amount of such excess within thirty (30) days of such determination.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-22-5 Account reports

(a) A complete account of income and expenses shall be maintained by the applicant and is subject to audit for a period of three years following the final date of the period for which the award is made;

(b) quarterly reports of expenditures and income shall be made by the applicant. Other reports, providing statistical data, statements of program evaluation and other related material, shall be submitted as required by the Department.

History

Effective February 1, 1994

17a-39 Youth Service Bureaus Standards and Funding

Regs., Conn. State Agencies § 17a-39-Acknowledgement §§ 10-19m-1—10-19m-10)

(See §§ 10-19m-1—10-19m-10)

Regs., Conn. State Agencies § 17a-39-1—17a-39-11 (Repealed)

Repealed November 9, 1998.

17a-42 Establishment of a Photo Listing Service for Children Legally Free for Adoption

Regs., Conn. State Agencies § 17a-42-1 Photo-listing service and registration book (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-42-2 Registration of children and content, maintenance and distribution of registry and photo-listing books (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-42-3 Checking on status of children (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-42-4 Referral, recruitment of family for and registration of unregistered child (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-42-5 Deferral of photo-listing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Office of Early Childhood Office of Early Childhood

17a-50 Children’s Trust Fund

Regs., Conn. State Agencies § 17a-50-1 Definitions (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-2 Children's trust fund purpose (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-3 Program management (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-4 Fiscal management (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-5 Donations of gifts or grants (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-6 Requests for funding (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Regs., Conn. State Agencies § 17a-50-7 Eligibility for program funding (Repealed)

Repealed May 11, 2018.

History

Effective February 8, 1993; Repealed May 11, 2018

Department of Children and Families Department of Children and Families

17a-90 Fair Hearings

Regs., Conn. State Agencies § 17a-90-1 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-2 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-3 Right to a fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-4 Fair hearings on medical benefits (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-5 Written notice of department action and right to a fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-6 Request for a fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-7 Continuation of benefits pending a fair hearing decision (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-8 Agreement to reduce, suspend or discontinue benefits (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-9 Scheduling of fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-10 Procedures and conduct of the fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-11 Confidentiality of case records (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-12 Record of the fair hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-90-13 Disposition and decision (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-90(b) Non-Committed Treatment Program

Regs., Conn. State Agencies § 17a-90(b)-1—17a-90(b)-10 (Repealed)

Repealed September 26, 2001.

See § 17a-11.

17a-98 Removal Hearings—Removal of a Child From a Foster Home

Regs., Conn. State Agencies § 17a-98-1—17a-98-9 (Repealed)

Repealed February 20, 1997.

17a-100 Removal Hearings for Out of Home Care Providers

Regs., Conn. State Agencies § 17a-100-1 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-2 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-3 Removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-4 Removal hearing procedures (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-5 Request for removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-6 Denial of a request for a removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-7 Removal hearing deferred pending licensing action (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-8 Scheduling the removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-9 Pre-hearing conference for a removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-10 Conduct of the removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-11 Party and intervenor status in removal hearings (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-12 The removal hearing record (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-13 The removal hearing decision (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-100-14 The independent evaluator in a removal hearing (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 20, 1997; Repealed June 11, 2014

17a-101 Use and Operation of the Child Abuse and Neglect Registry

Regs., Conn. State Agencies § 17a-101-1—17a-101-10 (Repealed)

Repealed November 7, 2008.

Regs., Conn. State Agencies § 17a-101-11 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101-12 Circumstances requiring immediate removal (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101-13 Procedures for immediate removal (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-101(e) Reports of Child Abuse or Neglect

Regs., Conn. State Agencies § 17a-101(e)-1 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101(e)-2 Definitions (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101(e)-3 Reports of child abuse or neglect (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101(e)-4 Investigation of reports of child abuse or neglect by the department (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101(e)-5 Notification of law enforcement agencies—removal of child from the home—child to remain in own home (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-101(e)-6 Termination of protective services (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective February 1, 1994; Repealed June 11, 2014

17a-101k Child Abuse and Neglect Registry

Regs., Conn. State Agencies § 17a-101k-1 Definitions

As used in sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies:

(1) "Department" means Department of Children and Families;

(2) "Commissioner" means the Commissioner of the Department of Children and Families;

(3) "Child" means any person under eighteen (18) years of age;

(4) "Reports of child abuse or neglect" or "referrals" means complaints received by the department alleging that a person under the age of eighteen (18) has had physical injury or injuries inflicted upon him or her by a person responsible for such child's health, welfare or care, by a person entrusted with the care of such child, or by a person given access to such child, other than by accidental means or has injuries that are at variance with the history given of them, or is in a condition that is the result of maltreatment such as, but not limited to, malnutrition, sexual abuse, sexual exploitation, deprivation of necessities, emotional maltreatment, or cruel punishment, or has been abandoned or is being denied proper care and attention, physically, educationally, emotionally, or morally, or is being permitted to live under conditions, circumstances or associations injurious to his or her well-being;

(5) "A person responsible for such child's health, welfare or care" means a child's or youth's parent, guardian or foster parent; an employee of a public or private residential home, agency or institution or other person legally responsible in a residential setting, or any staff person providing out-of-home care, including center-based child day care, family day care or group day care;

(6) "A person entrusted with the care of a child" means a person given access to a child by a person responsible for the health, welfare or care of a child for the purpose of providing education, child care, counseling, spiritual guidance, coaching, training, instruction, tutoring or mentoring of such child;

(7) "A person given access to a child" means a person who is permitted to have personal interaction with a child by a person responsible for such child's health, welfare or care or a person entrusted with the care of a child under circumstances in which the person responsible for such child's health, welfare or care or the person entrusted with the care of a child has a reasonable expectation that the person given access will exercise some responsibility, control, influence or supervisory role with the child;

(8) "Guardian" means the person who has the obligation of care and control, the right to custody, and the duty and authority to make major decisions affecting a minor's welfare;

(9) "Hotline" means the Department of Children and Families' centralized intake unit which receives all reports of child abuse or neglect made to the department;

(10) "Individual responsible" means a person substantiated by the department, after an investigation of a report of child abuse or neglect, as a perpetrator of abuse or neglect;

(11) "Substantiated" means that the department has found after investigation of a report, pursuant to section 17a-101g of the Connecticut General Statutes, that there is reasonable cause to believe that child abuse or neglect has occurred and that a specific person is the individual responsible for an act or acts of child abuse or neglect;

(12) "Substantiation" means the designation given by the department to a report of alleged child abuse or neglect that has been substantiated after investigation;

(13) "Registry finding" means the determination by the commissioner or the commissioner's designee, based on a standard of reasonable cause, that a person who has been substantiated as an individual responsible for abuse or neglect of a child poses a risk to the health, safety or well-being of children consistent with the requirements of subsection (b) of section 17a-101g of the Connecticut General Statutes and sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies;

(14) "Central registry" or "registry" means the confidential data file maintained as part of the department's computerized database, of persons who have been substantiated as individuals responsible for an act or acts of child abuse or neglect and for whom the commissioner has made a determination, based upon a standard of reasonable cause, that the individual poses a risk to the health, safety or well-being of children; and

(15) "Expunged" means the deletion from the department's computerized database of unsubstantiated reports and the associated investigation protocols five years from the completion of the last unsubstantiated allegation provided that no referrals have been made on the case and there are no other substantiated reports.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-2 Notice of substantiation or listing on central registry

(a) Any person: (1) who has been substantiated as an individual responsible for child abuse or neglect pursuant to section 17a-101g of the Connecticut General Statutes; (2) against whom a registry finding is made that the person's name should be entered in the central registry; or (3) who is a parent or guardian of a child who has been substantiated as an individual responsible for the abuse or neglect of a child shall be informed of any such substantiation or registry finding by the department not later than five (5) business days after the date of the substantiation or registry finding by first class mail sent to the person's last known address.

(b) The notification required under subsection (a) of this section shall include: (1) the name of the child abused or neglected; (2) the date of the report; (3) the date of the substantiation; (4) the name of the individual responsible; (5) a short and plain description of the type of abuse or neglect alleged; and (6) the steps that shall be followed to request an internal review of the substantiation.

(c) The notification required under subsection (a) of this section shall also: (1) inform the individual responsible for the abuse or neglect of the existence of the registry; (2) if applicable, the registry finding that the individual's name should be entered on the central registry, and the commissioner's intention to enter the name of the individual responsible on the registry unless the individual exercises the right to appeal the registry finding; (3) inform the individual responsible of the adverse consequences of being entered on the registry, including, but not limited to, the potential effect on the individual obtaining or retaining employment, licensure or engaging in activities involving direct contact with children; and (4) inform the individual responsible of his or her right to administrative procedures to contest the registry finding as provided in sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

(d) The notification required under subsection (a) of this section shall also include a written form for the individual responsible to sign and return to the department, indicating whether the individual intends to invoke the internal review provided for in section 17a-101k-4 of the Regulations of Connecticut State Agencies.

(e) Any person or entity that denies employment, licensing or certification to an individual based on the results of a search of the department's central registry shall inform the individual who is denied employment, licensing or certification that such individual's name is entered on the central registry. The department shall instruct persons, agencies or other public or private entities requesting a background check for employment, licensing or certification purposes that: (1) they shall inform the subject of the background check that he or she is entered in the central registry, as an individual responsible for abuse or neglect; and (2) the subject may be able to contest the substantiation and registry finding pursuant to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-3 Criteria for registry finding that individual responsible for abuse or neglect of a child poses a risk to the health, safety or well-being of children

(a) In order to enter the name of an individual responsible on the central registry, the commissioner, or the commissioner's designee, shall make a determination that: (1) child abuse or neglect has occurred; (2) there is an identifiable individual responsible for abuse or neglect; (3) the individual responsible poses a risk to the health, safety or well-being of children; and (4) the name of the individual responsible should be listed on the central registry, provided that the individual's name shall not actually appear on the registry until the exhaustion or waiver of all available administrative appeals, except as provided in subsection (d) of section 17a-101g of the Connecticut General Statutes.

(b) A person shall be deemed to pose a risk to the health, safety or well-being of children, and listed on the central registry, when: (1) the child abuse or neglect resulted in or involves (A) the death of a child, (B) the risk of serious physical injury of a child, or (C) the serious physical or emotional harm of a child; (2) the substantiation is for sexual abuse and the individual responsible is over sixteen (16) years of age; (3) there is a second substantiation for physical or emotional abuse; (4) the individual responsible for physical or emotional abuse is a person entrusted with the care of a child within the meaning of section 17a-101k-1(6) of the Regulations of Connecticut State Agencies; (5) the individual responsible is arrested for the act of abuse or neglect that is substantiated; or (6) a petition alleging that a child is neglected or uncared for, or a petition alleging grounds for the termination of parental rights pursuant to section 46b-129 or section 17a-112 of the Connecticut General Statutes respectively, and based at least in part on the allegations that form the basis of the substantiation, is pending in Superior Court or on appeal.

(c) In all other cases in which the department substantiates abuse or neglect by an individual responsible, and the individual responsible is not recommended for entry on the central registry pursuant to subsection (b) of this section, the investigator shall review the case to determine whether the individual responsible poses a risk to the health, safety and well-being of children and should be listed on the central registry.

(d) In cases reviewed for a determination of risk to the health, safety and well-being of children as set forth in subsection (c) of this section, the criteria applied by the investigator shall include, where applicable: (1) whether the abuse or neglect was related to medically-defined malnutrition or failure to thrive and the individual responsible could reasonably be expected to have had sufficient knowledge about the basic nutritional needs of the victim; (2) whether there is evidence of cruelty by the individual responsible for the abuse or neglect; (3) whether there is information that would lead to the conclusion that the individual responsible had reason to know that his or her acts or statements were cruel and unconscionable; (4) whether the individual responsible could have reasonably been expected to know that his or her acts or statements would be detrimental to the child's health, safety or well-being; (5) regardless of the intent of the individual responsible, the severity, chronicity, or the use of force involved in the neglect or abuse; (6) whether the individual responsible could have been reasonably expected to know that his or her actions had a high likelihood of resulting in serious injury to the victim; (7) if the neglect or abuse resulted in death, rendering unconscious, concussion, internal head injury, lasting physical impairment of the normal functioning of the child, or from the perspective of qualified medical personnel, the necessity for immediate medical attention for the victim; (8) if there was information that reasonably led to the conclusion that the substantiated neglect or abuse was not an isolated incident; (9) the amount of force used leading to the abuse or neglect of the child was unreasonable given the age, size or intellectual capacity of the child; and (10) whether the impact on the child is likely to be of lasting duration.

(e) In cases of neglect, in addition to the criteria set forth in subsection (d) of this section, the investigator, shall consider the intent, severity, chronicity and behavioral health or domestic violence concerns based on a review of the abuse or neglect that led to the substantiation, including, but not limited to if: (1) there was reason to believe that the individual responsible had sufficient knowledge and resources, the ability to utilize them and an understanding of the implications for failing to provide appropriate care, but made a conscious decision not to do so; (2) there was an adverse impact to the victim, or a serious disregard for the victim's welfare; (3) there is a pattern or chronic nature to the neglect regardless of the measurable impact to the victim; (4) there was a previous substantiation of neglect by the individual responsible for the current abuse or neglect for an incident or conduct unrelated to the current incident or conduct; or (5) substance abuse or domestic violence was a significant contributing factor in the substantiation and the individual responsible refused to acknowledge that factor, refused to take responsibility for the resulting conduct or failed to provide a viable plan to address the contributing factor.

(f) In cases of physical abuse, in addition to the criteria set forth in subsections (d) and (e) of this section, the investigator shall consider factors including: (1) the intent of the individual responsible, including but not limited to, the intent to cause physical harm; or (2) the severity of the impact on the child.

(g) In cases of sexual abuse, in addition to the criteria set forth in subsections (d) and (e) of this section, the investigator shall consider whether the individual responsible was under the age of sixteen (16) years, and whether an evaluation has been conducted by a licensed evaluator with expertise in determining the risk of re-offending who has concluded that the individual responsible is at moderate to high risk of re-offending.

(h) No individual shall be recommended for entry on the central registry if the only substantiated allegation is educational neglect.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-4 Request for internal review

(a) Any person: (1) who has been substantiated as an individual responsible for child abuse or neglect; (2) against whom a determination is made that the individual's name should be entered on the central registry; or (3) who is the parent or guardian of a child who has been substantiated as an individual responsible for child abuse or neglect, and who disagrees with such substantiation or registry finding may request an internal review of the substantiation or registry finding.

(b) To request an internal review, the individual responsible or his or her legal representative shall make such request in writing or return the form provided pursuant to subsection (d) of section 17a-101k-2 of the Regulations of Connecticut State Agencies to the department office or unit that conducted the investigation not later than thirty (30) days after the date of the notification letter sent by the department pursuant to section 17a-101k-2 of the Regulations of Connecticut State Agencies.

(c) A request for an internal review shall be denied by the department when a criminal court proceeding has been finally disposed with a factual determination by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation.

(d) A request for an internal review shall be denied by the department when a civil court proceeding has been finally disposed with a factual determination by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation.

(e) An internal review shall be deferred pending disposition of any criminal court proceeding arising from the allegation of child abuse or neglect which is the subject of the internal review unless the individual responsible files a written objection to such deferral.

(f) An internal review shall be deferred pending disposition of any civil court proceeding arising from the allegation of child abuse or neglect which is the subject of the internal review.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-5 Conduct of the internal review

(a) Upon timely receipt by the department office or unit that conducted the abuse or neglect investigation of a request for an internal review of a substantiation or registry finding, the office or unit's designated reviewer shall commence a review of the case to determine whether the substantiation or registry finding is factually or legally deficient and ought to be reversed.

(b) Prior to the completion of the internal review, the department shall provide the individual responsible with all relevant documents in the possession of the department regarding the substantiation or registry finding as provided in subdivision (1) of subsection (c) of section 17a-101k of the Connecticut General Statutes.

(c) Such review shall be completed not later than thirty (30) days after receipt of such request for an internal review and shall consist of a review of all relevant information relating to the substantiation or registry finding, including any documentation submitted by the individual responsible or his or her representative for purposes of the review. Additionally, such review may, in the discretion of the reviewer, include a telephone conference or face-to-face meeting with the individual responsible conducted for the purpose of gathering additional relevant information.

(d) Notwithstanding the foregoing, a registry finding based solely on an arrest as set forth in subdivision (5) of subsection (b) of section 17a-101k-3 of the Regulations of Connecticut State Agencies or a petition as set forth in subdivision (6) of subsection (b) of 17a-101k-3 of the Regulations of Connecticut State Agencies shall be reversed upon a showing that the criminal or civil case was finally disposed without a factual determination by a court that the individual responsible committed the act of child abuse or neglect that is the subject of the substantiation.

(e) If the designated reviewer determines the substantiation or registry finding is factually or legally deficient, he or she shall direct that the substantiation or registry finding be reversed and shall take action to assure that the department's records are amended and such substantiation or registry finding is reversed. The individual requesting the review shall be informed of such reversal by certified mail not later than five (5) days after such determination. The department's records shall be amended with reasonable immediacy.

(f) If the designated reviewer determines the substantiation or registry finding is legally and factually sufficient, the reviewer shall inform the individual responsible by certified mail not later than five (5) days after such determination.

(g) The written notice given pursuant to subsection (f) of this section shall include: (1) a reference to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies; (2) the department's grounds for the substantiation; (3) the registry finding, if applicable; (4) the right of the individual responsible to request an administrative hearing; (5) how the individual responsible shall apply for an administrative hearing; and (6) notice that the request for an administrative hearing shall be made not later than thirty (30) days after receipt of the notice by the individual responsible.

(h) A copy of the notice provided to the individual responsible shall be maintained in the case record.

(i) If the department fails to conduct an internal review not later than thirty (30) days after receipt of a timely request for such review, the individual responsible, or parent or guardian of an individual responsible who is a minor, may request an administrative hearing from the department administrative hearings unit.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-6 Request for an administrative hearing

(a) Any person: (1) who has been substantiated as an individual responsible for child abuse or neglect; (2) against whom a registry finding is made; or (3) who is the parent or guardian of a child who has been substantiated as an individual responsible for child abuse or neglect, and has received notice of the decision reached after an internal review as provided in section 17a-101k-5 of the Regulations of Connecticut State Agencies, or who has timely requested an internal review and has not received a decision pursuant to subsection (i) of section 17a-101k-5 of the Regulations of Connecticut State Agencies, may request an administrative hearing to contest the department's decisions.

(b) The request shall be made by the individual responsible or his or her legal representative sending a written request for an administrative hearing to the commissioner not later than thirty (30) days after the receipt of the decision reached after an internal review or, in the case in which the department has failed to timely conduct an internal review, at any time thirty one (31) or more days after sending the request for an internal review.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-7 Scheduling the administrative hearing

(a) The administrative hearing shall be scheduled by the department not later than thirty (30) days after the date the request is received by the commissioner. Notice of the hearing date shall be provided in accordance with section 4-177 of the Connecticut General Statutes.

(b) The administrative hearing shall be held in the office of the department or unit that conducted the investigation or another location designated by the commissioner or designee.

(c) An administrative hearing shall not be continued or postponed except when requested in writing and for good cause shown as determined by the hearing officer.

(d) An administrative hearing may be consolidated with any other reasonably-related department administrative hearings at the discretion of the commissioner or designee.

(e) The hearing officer may dismiss an administrative hearing if the individual responsible, without good cause shown, fails to attend a hearing after receiving notice.

(f) An administrative hearing may be deferred pending disposition of any civil court proceeding arising from or including the incident of abuse or neglect that is the subject of the administrative hearing.

(g) An administrative hearing may be deferred pending disposition of any criminal court proceeding arising from or including the incident of abuse or neglect that is the subject of the administrative hearing unless the individual responsible files a written objection to such deferral.

(h) A request for an administrative hearing shall be denied and the registry finding shall be confirmed in accordance with subsection (b) of section 17a-101k-3 of the Regulations of Connecticut State Agencies by the department when a criminal court proceeding has been finally disposed with a factual determination by the court that the individual responsible committed the act of child abuse or neglect that is the subject of the substantiation.

(i) A request for an administrative hearing shall be denied by the department when a civil court proceeding has been finally disposed with a factual determination by the court that the identified person committed the act of child abuse or neglect that is the subject of the substantiation. Notwithstanding the foregoing, the department shall proceed with an administrative hearing for the sole purpose of determining the legal sufficiency of the registry finding in any civil case that does not result in a factual determination that at least one of the circumstances listed in subsection (b) of section 17a-101k-3 of the Regulations of Connecticut State Agencies exists.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-8 Conduct of the administrative hearing

(a) The administrative hearing shall be conducted by a hearing officer designated by the commissioner or designee. The agency's case may be presented by any agency employee or other designee of the commissioner. The person requesting the hearing may be represented by legal counsel, except that the department shall have no obligation to appoint or retain counsel for any person.

(c) The hearing officer shall have the authority to limit witnesses and take any other necessary actions that will facilitate the hearing process.

(d) No pre-hearing discovery shall be permitted except for the opportunity to inspect and copy relevant and material records, papers and documents.

(e) The department may amend its allegation(s) at any time prior to or at the start of the hearing, provided that such amendment is in writing and that the appellant shall be granted, upon request, a continuance for the purpose of preparing a response to the amended allegation(s).

(f) The department's investigative record including protocol, medical records and other materials used to substantiate abuse or neglect or to make the registry finding, and any relevant documents submitted to the department by the individual responsible for use during the internal review shall be admitted as part of the hearing record.

(g) Any oral or documentary evidence may be received provided: (1) the hearing officer shall limit or exclude any evidence that is irrelevant, immaterial or unduly repetitious; (2) the hearing officer shall recognize the rules of privilege governing confidential professional communications; (3) when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form; (4) documentary evidence may be received in the form of copies or excerpts, if the original is not readily available, and, upon request, parties shall be given an opportunity to compare the copy with the original; (5) notice may be taken of generally recognized technical or scientific facts within common knowledge or the agency's specialized knowledge; (6) parties shall be notified in a timely manner of any material noticed, including any agency memoranda or data, and they shall be afforded an opportunity to contest the material so noticed; (7) the agency's experience, technical compliance, and specialized knowledge may be used in the evaluation of the evidence; (8) all parties and their attorneys shall be permitted to examine all records and documents introduced by the parties to the hearing. Should any record or document that a party was not permitted to examine in advance of the hearing be introduced, that party may request a continuance, which may be granted at the discretion of the hearing officer, to allow the requesting party an opportunity to prepare a response to the record or document; and (9) a party may present evidence and argument in support of his position on all issues involved and cross-examine witnesses presented by the opposing party or parties.

(h) The abused or neglected child who is the subject of the substantiation shall not testify in an administrative hearing while that child is still a minor.

(i) The full proceedings of administrative hearings shall be audio recorded.

(j) In an administrative hearing, the burden of proof shall be on the department to prove by a fair preponderance of the evidence submitted at the hearing, that (1) the allegations of at least one substantiation; and (2) if applicable, the registry finding, was based on the proper application of the criteria set forth in section 17a-101k-3 of the Regulations of Connecticut State Agencies.

(k) The hearing shall be limited to the evidence available to the department at the time of the internal review, except that a party may be permitted to introduce additional evidence if the hearing officer finds, after an offer of proof, that the additional evidence is relevant and material, that the introduction of such evidence will promote the interests of justice, and that, in the exercise of due diligence, the additional evidence could not have been available to and considered by the department during the investigation or by the internal reviewer.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-9 The administrative hearing record

The record shall include: (1) written notices related to the case; (2) all petitions, pleadings, motions and intermediate rulings, if any; (3) evidence received or considered; (4) questions and offers of proof, objections and rulings thereon; (5) the official recording of the proceedings; and (6) the final decision.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-10 The administrative hearing decision

(a) The administrative hearing decision shall be a final decision, pursuant to section 4-179 of the Connecticut General Statutes, unless designated in writing as a proposed decision by the commissioner or designee.

(b) The hearing officer shall be responsible for preparing the memorandum of final decision that shall be mailed not later than thirty (30) days after the conclusion of the hearing to the: (1) parties or their attorneys; (2) the department Bureau Chief for Child Welfare; (3) administrative, legal and casework staff involved in the investigation, internal review and hearing; and (4) the hearings unit file.

(c) The memorandum of final decision shall contain: (1) the names of the persons present, except that the name of an individual responsible, a victim and any nonprofessional witnesses, shall be represented by first name and last initial or other pseudonym; (2) the provisions of law, regulation and policy applicable to the case; (3) findings of fact; and (4) conclusions of law on which the decision is based. Other information that tends to identify persons whose names are represented by pseudonym shall, wherever possible, be edited in such a manner as to protect the confidentiality of those persons.

(d) If the hearing officer reverses the substantiation decision or the registry finding, the hearing officer shall direct that the department's records be amended with reasonable immediacy.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-11 Reconsideration and appeal

(a) Any request for reconsideration of a final decision is governed by section 4-181a of the Connecticut General Statutes.

(b) Any individual found to be responsible for abuse or neglect who is aggrieved by the final decision of the hearing officer may appeal the final decision to the superior court in accordance with section 4-183 of the Connecticut General Statutes. Such individual may also seek a stay of the adverse decision of the hearing officer's final decision from the commissioner in accordance with subsection (f) of section 4-183 of the Connecticut General Statutes.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-12 Substantiations prior to May 1, 2000

A person may appeal a substantiation of abuse or neglect made by the department prior to May 1, 2000, by sending a written request for an internal review to the department, unless such substantiation has already been appealed.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-13 Disclosure

(a) Information about an investigation, a substantiation or the name of a person entered on the central registry may only be disclosed outside the department in accordance with sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law.

(b) The factual allegations underlying an investigation, whether or not there is a substantiation or a registry finding, may be included in a petition filed by the commissioner pursuant to section 17a-112, 45a-715 or 46b-129 of the Connecticut General Statutes, or an action to revoke a license issued by a state agency, or as may otherwise be permitted by law, so long as the agency disclosing such factual allegations also discloses whether the person was substantiated or unsubstantiated as a individual responsible for abuse or neglect, or whether the investigation is ongoing.

(c) In response to a lawful request for a background check for purposes of eligibility for employment, licensure, or benefits, the department unit conducting the background check shall disclose only the following information: (1) whether the person's name is entered on the central registry, and, if so, (2) the substantiated allegations of abuse or neglect, and (3) the date(s) of the investigation(s). If the person's name is entered on the central registry, the department unit conducting the background check may also refer the requestor to the department office or unit that conducted the investigation for further information as authorized by law. If the requestor is the Department of Public Health or Department of Social Services, the department shall provide the investigation file, if requested.

(d) In response to a lawful request for a background check for purposes of eligibility for employment, licensure or benefits, the department shall not disclose: (1) the existence of an unsubstantiated allegation of abuse or neglect; (2) a substantiated allegation of abuse or neglect that has been appealed if the appeal is pending, except as provided in section 17a-101k-14 of the Regulations of Connecticut State Agencies; (3) a substantiated allegation of abuse or neglect, if the time frame for requesting an appeal has not yet expired; or (4) a substantiated allegation of abuse or neglect if the individual responsible was not deemed a risk to the health, safety or well-being of children and the individual's name was not listed on the central registry.

(e) If a lawful request for a background check for purposes of eligibility for employment, licensure or benefits reveals that the name of the subject of the background check is entered on the central registry, the department shall instruct the person, agency or other public or private entity requesting the background check that: (1) they shall inform the subject of the background check that his or her name is entered on the central registry; and (2) the subject may be eligible to appeal the registry finding and underlying substantiation pursuant to sections 17a-101k-1 to 17a-101k-16, inclusive, of the Regulations of Connecticut State Agencies.

(f) Any request for information concerning a child abuse or neglect investigation, or concerning records about an individual responsible, other than a background check for purposes of eligibility for employment, licensure or benefits, shall be processed by the department office or unit responsible for the investigation in accordance with sections 17a-28 and 17a-101a to 17a-101k, inclusive, of the Connecticut General Statutes or as otherwise permitted by law.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-14 Disclosure pending appeal

(a) If the department receives a request for a background check of an individual responsible before the time for requesting an internal review or administrative hearing has expired or while an appeal is pending, the department shall not disclose any information concerning the pending matter, except if the child abuse or neglect resulted in or involves: (1) the death of a child; (2) the risk of serious physical injury or emotional harm of a child; (3) the serious physical harm of a child; (4) the arrest of the person due to abuse or neglect of a child; (5) the filing, by the commissioner, of a neglect or termination of parental rights petition; or (6) sexual abuse of a child.

(b) A substantiated allegation of child abuse or neglect that has been appealed and deferred because of a pending court matter shall not be disclosed while the court matter is pending except as provided in subsection (a) of this section. It shall be the responsibility of the individual responsible to notify the department that the court matter is no longer pending and that the individual responsible would like to proceed with the appeal. If the individual responsible does not notify the department no later than three (3) years after the date of deferral of the appeal, the individuals name shall be entered on the central registry without further notice, if such registry finding was made in the original investigation.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-15 Access to the central registry

(a) The department shall provide for use of the central registry on a twenty-four (24) hour daily basis to prevent or discover abuse of children.

(b) Access to the central registry shall be limited to duly authorized persons for purposes of obtaining information for the investigation of child abuse and neglect, background checks, and other uses as permitted by law.

(c) As permitted by law, prospective employers, licensing authorities and other public agencies, may request background checks for any person, provided they submit the request on a form approved by the department for that purpose, signed by the subject of the background check.

(d) As permitted by law, Connecticut state agencies may request background checks under certain circumstances without signed releases pursuant to section 17a-28 of the Connecticut General Statutes.

History

Adopted effective November 7, 2008

Regs., Conn. State Agencies § 17a-101k-16 Expunged reports and investigations

Reports of neglect and abuse that were not accepted for investigation by the Hotline shall be kept for sixty (60) days from the date the report is received and then expunged. Reports of neglect and abuse that have been investigated and not substantiated shall be kept for five (5) years from the completion date of the investigation and then expunged. If the department has received more than one report on a person, and they are all unsubstantiated, they shall be expunged five (5) years from the completion date of the most recent investigation. Unsubstantiated investigations shall not be expunged if the person has been substantiated as an individual responsible for abuse or neglect in any other investigation. Reports of neglect and abuse that have been investigated and substantiated shall be kept in the department's computerized database and hard copy record indefinitely, regardless of whether or not the person has been determined to pose a risk to the health, safety and well-being of children and has been entered on the central registry.

History

Adopted effective November 7, 2008

17a-114 Relative Licensing

Regs., Conn. State Agencies § 17a-114-1—17a-114-13 (Repealed)

Repealed March 22, 1995.

Regs., Conn. State Agencies § 17a-114-14 Scope of regulations (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-15 Definitions. As used in sections 17a-114-14 to 17a-114-25 (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-16 Placement of a related child in the home of a relative pending certification (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-17 Physical requirements of home. Food. Water. Clothing. Privacy (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-18 Waiver of requirements (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-19 Requirements relating to certified relatives (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-20 Causes for denying certification (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-21 Hearing on denial of certification (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-22 Issuance of certification. Term. Recertification. Not transferable or assignable (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-23 Access of commissioner or designee to premises (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-24 Causes for revocation of certification (Repealed)

Repealed June 11, 2014.

Notes: For 2014 repeal, see Sec. 54 of Public Act 14-187. (June 11, 2014)

History

Effective March 22, 1995; Amended May 10, 1999; Repealed June 11, 2014

Regs., Conn. State Agencies § 17a-114-25 (Repealed)

Repealed May 10, 1999.

17a-116 Subsidized Adoption of Special Needs Children

Regs., Conn. State Agencies § 17a-116-1—17a-116-5 (Repealed)

Repealed May 10, 1999.

Regs., Conn. State Agencies § 17a-116-6 Scope of regulations

The following regulations pertaining to subsidized adoption of special needs children are being adopted to establish and maintain an ongoing program of subsidized adoption.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-7 Definitions

(a) Department means Department of Children and Families.

(b) Commissioner means the Commissioner of the Department of Children and Families or designee.

(c) Current cost of foster maintenance care means the rates for foster or other family type homes (excluding group homes) including regular, individualized or special rates as established by the Department.

(d) High risk of physical or mental disability refers to a child who does not have a currently diagnosed physical or mental disability but a recognized authority (licensed physician, psychiatrist or psychologist) determines that the child's past experience and present condition or functioning indicate a probability for developing such disability in the future.

(e) Legal dependent means a child who qualifies as a dependent of the adoptive parent(s) under the Internal Revenue Code or as defined by future amendments to the Internal Revenue Code.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-8 Criteria for certification as a special needs child

(a) The child is a ward of the Commissioner or is to be placed in adoption by a licensed child-placing agency.

(b) The adopting family is approved for adoption placement by the Department or a licensed child-placing agency.

(c) The Commissioner or a licensed child-placing agency determines that a child appropriate for adoption is difficult to place (based on all reasonable efforts consistent with the best interests of the child) because of one or more conditions including, but not limited to:

(1) Physical disability (or high risk of such disability) which presents a barrier to adoption. A written diagnosis and recommendation for treatment must be made by a licensed physician.

(2) Mental disability (or high risk of such disability) which presents a barrier to adoption. A written diagnosis and recommendation for treatment must be made by a licensed psychiatrist or psychologist.

(3) Serious emotional maladjustment (or a high risk for such maladjustment) as indicated by a written diagnosis made by a licensed psychiatrist or psychologist. The written statement must include recommendation for treatment and prognosis.

(4) Age when considered with other factors in the child's functioning and circumstances present a barrier to adoption.

(5) Racial or ethnic factors when considered with other factors in the child's functioning and circumstances present a barrier to adoption.

(6) Member of a sibling group which should be placed together.

(7) The child has established significant emotional ties with prospective adoptive parents while in their care as a foster child.

(d) Upon determining that the child meets the eligibility criteria, the Commissioner shall certify the child as special needs prior to the finalization of the adoption by the Probate Court except as provided for in Section 17a-116-11 of these regulations.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-9 Types and duration of subsidy

(a) A written certification of the need for a subsidy shall be made by the Commissioner. The type, amount, and duration of the subsidy shall be mutually agreed to by the Commissioner and the adopting parents prior to the entry of the adoption decree. If the parties fail to agree, the adoptive parents may appeal to the Adoption Subsidy Review Board under Section 17a-116-14 of these regulations.

(b) Upon finalization of the adoption by the Probate Court, the Department will provide one or more of the following subsidies:

(1) a special needs subsidy in the form of a lump sum payment paid directly to the person, institution, or facility providing the required service to meet anticipated costs resulting from the adoption to the extent such costs are not covered by other state and federal programs, health or medical insurance, or other third-party payments.

(2) a periodic subsidy in the form of recurring periodic payment to the adoptive parents. Such payments may continue only until the child reaches the age of 18.

(3) In addition to the subsidy granted as outlined above, any medical benefits which are being provided prior to final approval of the adoption by the Probate Court in accordance with the fee schedule and payment procedures under the State Medicaid program as administered by the Department of Social Services shall continue as long as the child qualifies as a legal dependent of the adoptive parents. However, such medical subsidy may continue only until the child reaches age 21.

(4) In order to avoid duplication of medical coverage, the child determined to be eligible for medical subsidy under 17a-117 (a) shall not be eligible for such subsidy under 17a-120.

(c) A child, who is a resident of the State of Connecticut when eligibility for a subsidy is certified, shall remain eligible and continue to receive the subsidy regardless of the domicile or residence of the adoptive parents at the time of application for adoption, placement, legal decree of adoption or thereafter.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-10 Amount of periodic subsidy

(a) The amount of periodic subsidy payment shall not exceed the current cost of foster maintenance care as determined by the Department. Such payments shall be adjusted to reflect any changes in the Department's foster maintenance care rates.

(b) Payments of less than the full cost of foster maintenance care may be made if the adoptive parents indicate that a lesser amount would be adequate to facilitate the adoption placement of the child.

(c) The Department will take into consideration any other income available to the child and will reduce the amount of subsidy payment to reflect the child's own income from other sources such as Social Security, Veteran's Administration, etc.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-11 When subsidy is granted

(a) The subsidy may be granted only for the child certified as a special needs child prior to adoption (except as provided for below).

(b) A request by the adoptive parent(s) for subsidy after a final approval by the Probate Court may be considered at the discretion of the Commissioner for conditions resulting from or directly related to the totality of circumstances surrounding the child which existed prior to adoption. Such requests will be considered in those cases where a review of all the circumstances surrounding the child prior to placement in adoption indicates that, had those circumstances been made known to the Department, at the time, the child would have met the criteria for certification as a special needs child. Upon certification by the Commissioner that the child meets the special needs criteria, the child shall be eligible for inclusion in the subsidized adoption program no later than 30 days after the date of receipt of the request by the Department.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-12 Annual review of the subsidy

(a) The Department will conduct a biennial review of the continued need for subsidy.

(1) The adoptive parents shall submit a sworn statement indicating that the condition which caused the child to be certified as special needs or a related condition continues to exist or has reoccurred since the time of the last review.

(2) The adoptive parents shall submit a sworn statement indicating that the child continues to qualify as a legal dependent.

(3) If the Department determines that the subsidy should be reduced or terminated, the adoptive parents shall be notified in writing of their right to request a hearing before the Adoption Subsidy Review Board. The notification shall state that adoptive parents disagreeing with such planned action will be given a hearing provided a written request for a hearing is received by the Department (505 Hudson Street, Hartford, CT 06106) within 15 days from the date the Department mails the notification.

(4) If such a hearing is requested, the adoptive parents shall be given a hearing at least 30 days prior to the anticipated effective date of such action.

(5) The subsidy shall continue without modifications until the final decision of the Adoption Subsidy Review Board.

History

Effective March 22, 1994; Amended May 30, 2002

Regs., Conn. State Agencies § 17a-116-13 Reapplication for subsidy

(a) Subsequent to termination of a subsidy, adoptive parents of a child, who was previously certified and received a subsidy as a special needs child, may reapply.

(b) Upon determination by the Commissioner that the condition which caused the child to be certified as special needs or a related condition continues to exist or has reoccurred, the Commissioner shall recertify the child as a special needs child.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-116-14 Adoption subsidy review board

(a) Any subsidy decision by the Commissioner may be appealed by a licensed child-placing agency or the adopting parent(s) to the Adoption Subsidy Review Board.

(b) The Adoption Subsidy Review Board shall consist of the Commissioner or designee, a representative from a licensed child-placing agency and an adoptive parent appointed by the Governor.

(c) Adoption Subsidy Review Board procedures will be conducted in accordance with the provisions of Chapter 54 of the Connecticut General Statutes.

(d) All decisions of the Adoption Subsidy Review Board shall be based on the best interest of the child.

History

Effective March 22, 1994

17a-120 Medical Expense Subsidy for Adoptive Parents

Regs., Conn. State Agencies § 17a-120-1—17a-120-2 (Repealed)

Repealed May 10, 1999.

Regs., Conn. State Agencies § 17a-120-3 Scope of regulations

The following regulations are being adopted to encourage the adoption of handicapped children by providing a medical expense subsidy to the adoptive parents of such children.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-4 Definitions

(a) Department means Department of Children and Families.

(b) Commissioner means the Commissioner of the Department of Children and Families or designee.

(c) High risk of physical or mental disability refers to a child who does not have a currently diagnosed physical or mental disability, but a recognized authority (licensed physician, psychiatrist or psychologist) determines that the child's past experience and present condition or functioning indicate a probability for developing such disability in the future.

(d) Legal dependent means that the child qualifies as a dependent of the adoptive parent(s) under the Internal Revenue Code or as defined by future amendments to the Internal Revenue Code.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-5 Eligibility for medical expense subsidy

(a) Any child who is blind or physically disabled (as defined by Section 1-1f of the Connecticut General Statutes), mentally disabled, seriously emotionally maladjusted or has a recognized high risk of physical or mental disability who is to be given or has been given in adoption by a statutory parent (as defined in Section 45a-707 (a) of the Connecticut General Statutes) shall be eligible for a medical expense subsidy if such condition existed prior to adoption.

(b) In order to avoid duplication of medical coverage, the child determined to be eligible for medical subsidy under 17a-117 (a) shall not be eligible for such subsidy under 17a-120.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-6 Application and determination of eligibility

(a) The adoptive parent(s) of a handicapped child must apply in writing to the regional office serving their town of residence for a medical expense subsidy for the care and treatment of the handicapped child.

(b) The application shall include statements signed by a licensed physician, psychiatrist, psychologist or such others as may be appropriate, documenting:

(1) The nature of the condition, infirmity or impairment.

(2) Evidence that the condition existed prior to the adoption.

(3) The prescribed medical care and treatment such condition requires.

(c) The application shall also include certification that the anticipated medical care and treatment are not covered by health insurance, federal or other state payments for health care.

(d) The Department shall notify the parent(s) in writing of its determination of eligibility and the acceptance or non-acceptance of the submitted documentation of the existence of such condition prior to adoption.

(1) In cases where the Department has reason to believe that the child is not eligible for medical subsidy, the Department may require a further medical opinion by a licensed physician or other appropriate professional person accredited and specializing in the area of the condition for verification of the existence of such condition.

(2) The effective date of subsidy for applications submitted prior to adoption shall be the date of adoption finalization by the Probate Court. The effective date of subsidy for applications submitted subsequent to adoption shall be the date of determination of eligibility by the Department, but no later than 30 days after the date of receipt of the application by the Department.

(3) Upon finding of eligibility, the parent(s) shall be issued for the child a medical identification card allowing medical expense subsidy for the care and treatment of the child in accordance with the fee schedule and payment procedure established under the Medicaid Program administered by the Department of Social Services.

(4) Within 30 days of the receipt of finding of non-eligibility, the parent(s) may submit a written request for a hearing before the Adoption Subsidy Review Board.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-7 Annual review of the subsidy

(a) The Department will conduct an annual review of the continued need for subsidy.

(1) The adoptive parent(s) shall submit a sworn statement indicating that the condition which caused the child to be certified as handicapped or a related condition continues to exist or has reoccurred since the time of the last review.

(2) The adoptive parent(s) shall submit a sworn statement indicating that the child continues to qualify as a legal dependent.

(4) If such a hearing is requested, the adopting parents shall be given a hearing at least 30 days prior to the anticipated effective date of such action.

(5) The subsidy shall continue without modifications until the final decision of the Adoption Subsidy Review Board.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-8 Reapplication for subsidy

(a) If subsequent to the termination of the subsidy, the condition for which subsidy was granted or a related condition reoccurs, the adoptive parent(s) may reapply and shall be granted the medical expense subsidy for the child.

(b) The effective date of subsidy shall be the date of eligibility determination by the Department, but no later than 30 days after the date of receipt of the reapplication by the Department.

History

Effective March 22, 1994

Regs., Conn. State Agencies § 17a-120-9 Adoption subsidy review board

(a) Any subsidy decision by the Department may be appealed by the adoptive parent(s) or by a licensed child placing agency on behalf of the child or such parent(s) to the Adoption Subsidy Review Board.

(b) The Adoption Subsidy Review Board shall consist of the Commissioner or designee, a representative from a licensed child-placing agency and an adoptive parent appointed by the Governor.

(c) Adoption Subsidy Review Board procedures will be conducted in accordance with the provisions of Chapter 54 of the Connecticut General Statutes.

(d) All decisions of the Adoption Subsidy Review Board shall be based on the best interest of the child.

History

Effective March 22, 1994

17a-126 Subsidized Guardianship

Regs., Conn. State Agencies § 17a-126-1 Scope of regulations

Sections 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies apply to a program of subsidized guardianship for the benefit of children who: (1) are in the care or custody of the department; (2) are living with relative caregivers; and, (3) have been in foster care for not less than eighteen (18) months; pursuant to section 7 of Public Act 97-272 as amended by Public Act 98-1 of the June Special Session.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-2 Definitions

As used in sections 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies, the following definitions apply:

(1) "Care or Custody of the Department" means committed to or placed with the department under a court order of the Superior Court for Juvenile Matters, excluding delinquency and Family With Service Needs orders.

(2) "Certified Relative Care" means care provided for a foster child by a person certified to provide such care pursuant to sections 17a-114-14 to 17a-114-25, inclusive, of the regulations of Connecticut State Agencies.

(3) "Child" means a person under the age of eighteen.

(4) "Commissioner" means the Commissioner of Children and Families.

(5) "Department" means the department of children and families.

(6) "Foster Care" means care provided for a foster child by a person licensed, approved or certified to provide such care pursuant to sections 17a-145-130 through 17a-145-160, inclusive, or sections 17a-150-51 through 17a-150-123, inclusive, or sections 17a-114-14 through 17a-114-25, inclusive, of the regulations of Connecticut State Agencies.

(7) "Guardian" means one who has the authority and obligations of "guardianship" as defined in subdivision (8) of this section.

(8) "Guardianship" means guardianship of the person of a minor, and includes:(A)the obligation of care or control; and (B)the authority to make major decisions, affecting the child's welfare, which the child cannot make on his own, including, but not limited to, consent determinations regarding marriage, enlistment in the armed forces and major medical, psychiatric or surgical treatment.

(9) "Prevailing Foster Care Rate" means the rate the child would be receiving if the child were still in foster care, taking into account the child's age and special-needs, as adjusted based on the asset test of the child as prescribed in section 17a-126-6 of the regulations of Connecticut State Agencies.

(10) "Relative Caregiver" means a person who is caring for a child related to such person because the parent of the child has died or become otherwise unable to care for the child for reasons that make reunification with the parent not a viable option within the foreseeable future.

(11) "Subsidized Guardian" means a person to whom legal guardianship has been awarded and who otherwise qualifies for a subsidy under sections 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-3 Request for subsidy

(a) A relative caregiver may request a guardianship subsidy from the Department for a child in the care or custody of the commissioner for not less than eighteen (18) months. A relative caregiver shall initiate a request for a guardianship subsidy by applying to the child’s department caseworker. The initiation of a request for guardianship subsidy may not be made before the child has been in the care or custody of the commissioner for at least seventeen (17) months. The caseworker shall provide the relative caregiver with the application form prescribed by the department and shall assist the relative caregiver in the completion of such form and application within thirty (30) days of such request.

(b) The commissioner, or designee may classify a child and the child’s relative caregiver as qualified for the subsidized guardianship program if it is determined that such child is in the care or custody of the commissioner, is living with the relative caregiver and has been in foster care or certified relative care for not less than eighteen (18) months, the relative caregiver is the proposed guardian for the child and reunification with the parent is not a viable option within the foreseeable future because of one or more conditions including, but not limited to:

(1) Death of the parent;

(2) Abandonment of the child by the parent;

(3) Physical disability of the parent;

(4) Mental disability of the parent;

(5) Serious emotional maladjustment of the parent;

(6) Failure of the parent to achieve rehabilitation adequate to provide for the child;

(7) Age of the child when considered with other factors in the child’s functioning and circumstances that present a barrier to reunification.

(c) The department shall determine through an assessment period not less than twelve (12) nor more than eighteen (18) months from the time the child was placed with the relative caregiver, who is requesting the subsidy, that the relative caregiver is capable of providing for the care of the child’s physical, mental, emotional, educational and medical needs without the continued provision of services by or through the department except for the subsidies provided for in section 17a-126-5 of the regulations of Connecticut State Agencies.

(d) The assessment conducted by the department shall assure that the relative caregiver meets the requirements for relative certification set forth in sections 17a-114-14, 17a-114-15 and 17a-114-17 and sections 17a-114-19 through 17a-114-25, inclusive, of the regulations of Connecticut State Agencies. In addition to the requirements of the regulations, the assessment shall include the following components:

(1) The health of persons living in the relative caregiver’s home shall not present a hazard to the child. Prior to moving or petitioning for the transfer of guardianship the relative caregiver shall supply to the department a statement from a physician on such forms as approved by the commissioner that within the previous twelve (12) months:

(A) each person living in the home has had a physical examination and has been found to be in good health or that specified members of the family are receiving all necessary continuing medical care and are free of communicable disease;

(B) the relative caregiver has been determined to be physically and mentally able to provide care to the child; and

(C) all persons over the age of eighteen have a negative drug screen performed by an entity approved by the department at the expense of the department.

(2) When all adults in a relative caregiver home are employed or otherwise occupied in a substantial amount of time away from the home, the care and supervision of the child shall be provided by a competent individual and approved in advance by the commissioner, or his designee.

(3) The relative caregiver shall be physically, intellectually and emotionally capable of providing care, guidance and supervision of the child including:

(A) insuring routine medical care, scheduling and transportation;

(B) obtaining and following instructions from the child’s medical provider if medication or treatment are to be administered by the relative caregiver. Any medications provided shall be clearly labeled and kept out of the reach of the child;

(C) establishing plans to respond to illness and emergencies, including serious injuries and the ingestion of poison, with appropriate first aid supplies available in the home out of reach of the child;

(D) maintaining all documentation as required by the department;

(E) providing for the child’s physical needs including adequate hygiene, nutritional meals and snacks prepared in a safe and sanitary manner, readily available drinking water, a balanced schedule of rest, active play, indoor and outdoor activity appropriate to the age of the child in care;

(F) promoting the social, intellectual, emotional, and physical development of the child by providing activities that meet these needs or special needs if such exist;

(G) assuring adequate opportunity for cultural, and educational activities in the family and in the community. A child who does not share the same language, as the relative caregiver shall be provided with opportunities to communicate in the child’s language;

(H) assuring an environment of tolerance and sensitivity to a child’s religion through providing adequate opportunity for religious training and participation appropriate to the child’s religious denomination, and not requiring any child to participate in religious practices contrary to the child’s beliefs;

(I) providing emotional support and an environment that meets the child’s needs;

(J) assuring the child’s participation in an approved education program, including regular school attendance. The relative caregiver shall cooperate with the proper authorities in relation to the child’s educational needs;

(K) guiding the child in the acquisition of daily living skills including the assigning of daily chores to the child on the basis of the child’s abilities and developmental level; and

(L) providing infants and toddlers with ample opportunity for freedom of movement each day outside of a crib or playpen, infants are to be held for all bottle feedings, as well as at other times, for attention and verbal communication.

(4) (A) Before moving or petitioning for the transfer of guardianship from the department to a relative caregiver, the department shall secure and evaluate information necessary to determine if a transfer of guardianship is in the child’s best interest.

(B) If it is known that the child or the child’s family has received social services from an individual or child placing agency or a state agency, such individual or child placing agency or state agency shall be consulted, if possible, prior to the moving or petitioning for the transfer of guardianship.

(C) All factors relevant to the child’s adjustment in the home and in the community for the present and the long term shall be considered.

(D) All relevant information concerning the child’s developmental, medical, social, emotional and environmental history, which may be legally disclosed, shall be shared by the department with the relative caregiver prior to the placement of the child in the home.

(5) The child shall be interviewed and the opinion of the child regarding the proposed transfer of guardianship shall be taken into consideration. In the case of a non-verbal child the interaction and relationship between the child and the relative caregiver shall be observed and taken into consideration before moving or petitioning for the transfer of guardianship from the department to the relative caregiver.

(e) (1) The granting of approval as a subsidized guardian shall be denied if any member of the household of the relative caregiver:

(A) has been convicted of injury or risk of injury to a minor or other similar offenses against a minor;

(B) has been convicted of impairing the morals of a minor or other similar offenses against a minor;

(D) has been convicted of the possession, use, or sale of controlled substances within the past five (5) years;

(E) has been convicted of illegal use of a firearm or other similar offenses;

(F) has ever had an allegation of child abuse or neglect substantiated;

(G) has had a minor removed from their care because of child abuse or neglect; or

(H) has failed a drug screen required by subparagraph (C) of subdivision (1) of subsection (d) of section 17a-126-3 of the regulations of Connecticut State Agencies.

(2) The granting of approval as a subsidized guardian may be denied if any member of the household of the relative caregiver:

(A) is awaiting trial, or is on trial, for charges as described in subparagraphs (A) through (E) of subdivision (1) of this subsection;

(B) has a criminal record that the department believes makes the home unsuitable;

(D) knowingly arranges for the substitute care of a child by a person described in subdivision (1) or (2) of this subsection.

(f) A waiver from specific requirements of regulations may be granted by the commissioner, provided no such waiver shall be issued for any statutory provision. The waiver shall be reviewed by the commissioner prior to moving or petitioning for the transfer of guardianship. A waiver shall only be granted if the relative caregiver is in substantial compliance with the intent of the relevant regulations being waived or that the intent of the specific requirement to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement. A waiver shall specify the particular requirements to be waived, the duration of the waiver and the terms under which the waiver is granted. If the relative caregiver fails to comply with the waiver in any way the transfer of guardianship shall be subject to revocation by the court.

History

Adopted effective September 1, 1998; Amended May 30, 2002

Regs., Conn. State Agencies § 17a-126-4 Guardian counseling

If adoption of the child by the relative caregiver is an option, the commissioner, or designee shall counsel the relative caregiver about the advantages and disadvantages of adoption and subsidized guardianship. The goal of such counseling shall be to ensure that the decision by the relative caregiver to request a subsidized guardianship is a fully informed decision.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-5 Program components

(a) The subsidized guardianship program shall provide:

(1) a monthly subsidy on behalf of the child payable to the subsidized guardian equal to the prevailing foster care rate;

(2) a medical subsidy comparable to the medical subsidy to children in the subsidized adoption program if the child lacks private health insurance; and,

(3) a special-need subsidy, which shall be a lump sum payment for one-time expenses resulting from the assumption of care of the child when no other resource is available to pay for such expense, if such payment is required. The assumption of care shall be deemed to be at the time of the transfer of guardianship.

(b) The subsidized guardianship program component provided in subsection (a) of this section shall continue until the child reaches the age of eighteen or the age of twenty-one if such child is in full time attendance at a secondary school, technical school or college or is in a state accredited job training program.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-6 Asset test and household income exemption

(a) The commissioner may establish an asset test for eligibility under the program. Such asset test shall consider any other assets of and income available to the child and will reduce the amount of the subsidy payment to reflect the child's own income from other sources including but not limited to: social security benefits; TANF; child support; life insurance or other death benefits from or through a parent; interest income; and, all other federal and state assistance and benefit programs. The asset test employed by the commissioner may be designed to benefit the state with regard to potential federal reimbursement.

(b) A guardianship subsidy shall not be included in the calculation of household income in determining eligibility for benefits of the relative caregiver of the subsidized child or other persons living within the household of the relative caregiver.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-7 Monthly payment

(a) The monthly subsidy payment on behalf of the child payable to the subsidized guardian shall be equal to the prevailing foster care rate as adjusted based on the asset test of the child as prescribed in section 17a-126-6 of the regulations of Connecticut State Agencies.

(b) Payments of less than the full cost of foster maintenance care may be made if the relative caregiver indicates that a lesser amount would be adequate to provide for the care of the child.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-8 Medical benefits

(a) Any medical benefits which are being provided prior to the granting of a subsidized guardianship in accordance with the fee schedule and payment procedures under the State Medicaid program as administered by the Department of Social Services shall continue as long as the child qualifies under the subsidized guardianship program, unless the child is otherwise covered under private health insurance.

(b) No child shall be eligible for medical benefits provided by sections 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies if the child has private health insurance.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-9 Special-need subsidy

A special-need subsidy is a lump sum payment for one-time expenses resulting from the assumption of care of the child when no other resource is available to pay for such expense from other state and federal programs, health or medical insurance, or other legally enforceable third-party payments. Such special-need subsidy payment shall be agreed to prior to the transfer of guardianship and made part of the guardianship transfer record.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-10 Types of subsidy

(a) A written certification of the need for a subsidy shall be made by the department. The type and amount of the subsidy shall be mutually agreed to by the department and the relative caregiver prior to the granting of a subsidy and transfer of guardianship. The subsidy agreement shall be entered on the court record by the department as part of the motion or petition to transfer guardianship. If the parties fail to agree, the relative caregiver may appeal to the administrative hearings unit pursuant to section 17a-126-18 of the regulations of Connecticut State Agencies.

(b) A child, who is a resident of the state of Connecticut when eligibility for a subsidy is certified, shall remain eligible and continue to receive the subsidy regardless of the domicile or residence of the relative caregiver at the time of application for the subsidy or thereafter.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-11 Homestudy requirements and exemptions

As a prerequisite to payment of a guardianship subsidy for the benefit of a minor child, a home study report shall be filed with the court having jurisdiction of the case of the minor within fifteen (15) days of the request for a subsidy provided that no such report shall be required to be filed if a report has previously been provided to the court or if the caregiver has been determined to be a certified relative caregiver by the commissioner. Such home study report shall be substantively equivalent to the home study report used by the department in the case of a foster family or prospective adoptive family placement.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-12 Subsidy termination

The guardianship subsidy provided under this section shall terminate:

(1) When the child ceases receiving, from the subsidized guardian, the financial support contemplated by section (c) of 17a-126-3 of the regulations of Connecticut State Agencies;

(2) When the child reaches the age of eighteen or the age of twenty-one if such child is in full time attendance at a secondary school, technical school or college or is in a state accredited job training program;

(3) Upon the death of the guardian; or

(4) When the subsidized guardian ceases providing the financial support contemplated by subsection (c) of section 17a-126-3 of the regulations of Connecticut State Agencies for whatever reason including, but not limited to the return of the child to the child's parent.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-13 Annual review

(a) Annually, the subsidized guardian shall submit to the commissioner, or designee a sworn statement that the child is still receiving, from the subsidized guardian, the financial support contemplated by section (c) of 17a-126-3 of the regulations of Connecticut State Agencies.

(b) In the event that the child ceases receiving the support contemplated by section (C)of 17a-126-3 of the regulations of Connecticut State Agencies such guardian shall notify the department of this in a timely manner.

(c) Annually, the subsidized guardian shall submit pertinent information concerning changes in the financial condition of the child which may result in an adjustment to the guardianship subsidy.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-14 Parental liability

The parent of any child receiving assistance through the subsidized guardianship program shall remain liable for the support of the child pursuant to Public Act 97-312.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-15 Appeal from decisions by the commissioner denying, modifying or terminating a guardianship subsidy

The department shall conduct a subsidy hearing when a person qualified for such hearing under section 17a-126-17 of the regulations of Connecticut State Agencies, disagrees with the department's decision to deny, modify or terminate a guardianship subsidy and requests a subsidy hearing.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-16 Subsidy hearing procedures

(a) The department shall notify the subsidized guardian in writing at least fourteen (14) calendar days before the modification or termination of a guardianship subsidy of its decision to modify or terminate such subsidy and the person's right to a subsidy hearing. In the case of a denial of a guardianship subsidy such notification shall be provided in writing not more than fourteen (14) calendar days after such determination.

(b) The written notice sent pursuant to subsection (a) of this section shall include:

(1) a copy of sections 17a-126-1 through 17a-126-23, inclusive, of the regulations of Connecticut State Agencies;

(2) the department's reason for the denial, modification or termination;

(3) the subsidized guardian's right to a subsidy hearing;

(4) how the subsidized guardian shall apply for a subsidy hearing;

(5) the time within which a request for a subsidy hearing shall be made.

(c) A copy of the notice provided to the subsidized guardian shall be maintained in the case record, and furnished to the hearings unit by the social worker, upon request of a hearing.

(d) If the person denied a subsidy or the subsidized guardian decides to request a subsidy hearing, the social worker shall refer the subsidized guardian to the manager of the hearings unit for technical assistance. The hearing officer assigned to the hearing shall not provide technical assistance on the hearing. However, nothing in this section shall require the Department to provide legal assistance to the subsidized guardian.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-17 Request for subsidy hearing

(a) A relative caregiver who is the proposed guardian may request a subsidy hearing if a request for subsidy has been denied and the child:

(1) is in the care or custody of the commissioner, and is living with the relative caregivers;

(2) has been in foster care or certified relative care for not less than eighteen (18) months.

(b) A relative caregiver may request a subsidy hearing if a subsidy agreed to under the provisions of subsection (a) of section 17a-126-10 of the regulations of Connecticut State Agencies has been modified or terminated under the authority of these regulations.

(c) A relative caregiver may request a subsidy hearing if the relative caregiver and the department are unable to come to a subsidy agreement under the provisions of subsection (a) of section 17a-126-9 of the regulations of Connecticut State Agencies.

(d) A relative caregiver may request a subsidy hearing by sending a letter or facsimile to the administrative hearings unit, stating his opposition to the department's denial, or proposal to modify or terminate the subsidy. The letter or facsimile shall be received by the hearings unit within fifteen (15) days of the relative's receipt of the notification from the department. The hearing shall be held within thirty days of receipt of the request.

(e) A subsidy shall not be modified or terminated pending the outcome of the subsidy hearing.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-18 Denial of a request for a subsidy hearing

A request for a subsidy hearing shall be denied by the hearings unit when:

(1) the relative caregiver fails to qualify for a subsidy hearing pursuant to section 17a-126-17 of the regulations of Connecticut State Agencies; or

(2) the child has reached twenty-one years of age.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-19 Scheduling the subsidy hearing

(a) The subsidy hearing shall be scheduled by the hearing unit within thirty (30) calendar days of the date the request is received by the manager of the Administrative Hearings Unit. A subsidy hearing may be continued or postponed for good cause at the discretion of the hearing officer or with agreement of all parties.

(b) The subsidy hearing shall be held in the regional office of the department or, if agreeable to all the parties, at another location designated by the hearing officer.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-20 Pre-hearing conference for a subsidy hearing

(a) The hearing officer may involve the parties and their representatives in a pre-hearing conference preceding the subsidy hearing for the purpose of:

(1) simplification and consolidation of issues;

(2) identification and limitation of the number of witnesses; or

(3) considering any other matters that will promote the quality of the proceedings.

(b) The hearing officer shall identify and recite on the subsidy hearing record any agreements made, or actions taken, by the parties at the conference.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-21 Conduct of the subsidy hearing

(a) The subsidy hearing shall be conducted by a hearing officer designated by the commissioner or his designee.

(c) The hearing officer has the final authority to limit witnesses and take any other necessary actions that will facilitate the hearing process.

(d) Each party shall be afforded the opportunity to:

(1) inspect and copy relevant and material records, papers and documents; and

(2) at a hearing, to respond, to cross-examine other parties, intervenors, and witnesses and to present evidence and argument on all issues involved.

(e) Any oral or documentary evidence may be received provided:

(1) the hearing officer shall limit or exclude any evidence which is irrelevant, immaterial or unduly repetitious;

(2) the hearing officer shall recognize the rules of privilege governing confidential, professional communications;

(3) when a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form;

(5) notice may be taken of generally recognized technical or scientific facts within common knowledge or the agency's specialized knowledge;

(6) parties shall be notified in a timely manner of any material noticed, including any agency memoranda or data, and they shall be afforded an opportunity to contest the material so noticed;

(7) the agency's experience, technical compliance, and specialized knowledge may be used in the evaluation of the evidence;

(8) all parties and their attorneys shall be permitted to examine all records and documents introduced by the parties to the hearing. Should any record or document, which a party was not permitted to examine in advance of the hearing, be introduced, that party may request a continuance, which may be granted at the discretion of the hearing officer, to allow the requesting party an opportunity to prepare a response to the record or document; and

(9) a party may conduct cross-examinations as required for a full and true disclosure of the facts.

(f) The full proceedings of subsidy hearings shall be audio recorded.

(g) The subsidy hearing decision shall be entered as part of the licensing file of the relative caregiver and the child's case record.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-22 Subsidy hearing record

(a) The record shall include:

(1) written notices related to the case;

(2) all petitions, pleadings, motions and intermediate rulings, if any;

(3) evidence received or considered;

(4) questions and offers of proof, objections and rulings thereon;

(5) the official recording of the proceedings; and

(6) the final decision.

(b) Any recording or stenographic record of the proceeding shall be transcribed on request of any party. The requesting party shall pay the cost of such transcript.

History

Adopted effective September 1, 1998

Regs., Conn. State Agencies § 17a-126-23 The subsidy hearing decision

(a) The hearing officer shall be responsible for preparing the memorandum of decision which shall be mailed within thirty (30) calendar days of the hearing to:

(1) parties;

(2) attorneys;

(3) guardian ad litem;

(4) director of children's protective and family services;

(5) regional office administration and casework staff; and

(6) hearings unit file.

(b) The standard of review in an administrative hearing is a preponderance of the evidence. The Department shall have the burden of proof.

(1) the names of the persons present;

(2) the provisions of law, regulation and policy applicable to the case;

(3) evidence relied on in making the decision;

(4) findings of fact; and

(5) a statement of the reasoning on which the decision is based.

History

Adopted effective September 1, 1998

17a-145 Operation of Child-Caring Agencies and Facilities

Regs., Conn. State Agencies § 17a-145-1—17a-145-47 Reserved

Sec. 17a-145-1—17a-145-47. Reserved

Regs., Conn. State Agencies § 17a-145-48 Definitions

As used in sections 17a-145-48 to 17a-145-99, except as otherwise provided therein:

(a) "Child-care facility" means a congregate residential setting for the out-of-home placement of children or youth under eighteen years of age, licensed by the department of children and families.

(b) "Group of persons, whether incorporated for the purpose or not" includes an agency, firm, association, or organization operating the child-care facility, whether for compensation or not.

(d) "Commissioner" means the commissioner of children and families.

(e) "Child" means any person under eighteen years of age not related to the owner of the child-care facility.

(f) "Related" means kinship by blood, marriage or adoption, descended from a common ancestor not more than three generations removed from said child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-49 Issuance of license. Not transferable or assignable

A license to care for or board a child shall be issued only to the child-care facility for which application is made and only for the address shown on the application and shall not be transferable or assignable.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-50 Display of license

Each child-care facility to which a license has been granted by the commissioner for the care or board of a child shall publicly display the license on its premises or show it, upon request, to the person or organization seeking to place a child.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-51 Access of commissioner or designee to premises

Each license shall be conditioned on the granting to the commissioner or his designee access, at any reasonable time as deemed necessary by him, to the premises described on the license. In cases of suspected child abuse/neglect, unrestricted access shall be at any time.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-52 Interstate placement of children

All facilities licensed under this section shall comply with all state laws regarding the interstate placement of children prior to accepting placement of a child from out of state in accordance with Sections 17a-152, 46b-151 et seq. and 17a-175 through 17a-182 of the Connecticut General Statutes.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-53 Consultation with licensee

Except as provided in § 17a-145-56, the department shall make every effort to consult with the licensee to achieve compliance with these regulations.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-54 Causes for revoking or refusing to renew license

A license may be suspended, revoked, or its renewal refused for any of the following causes whenever in the judgment of the commissioner or his designee the child-care facility:

(a) Fails to comply with the regulations prescribed by the commissioner;

(b) Fails to comply with applicable state and local laws, ordinances, rules and regulations relating to building, health, fire protection, safety, sanitation and zoning;

(d) Furnishes or makes any false or misleading statements to the commissioner in order to obtain or retain the license;

(e) Refuses or fails to submit reports or make records available when requested by the commissioner or his designee;

(f) Fails or refuses to admit the commissioner or his designee at any reasonable time as deemed necessary by him, or in cases of suspected child abuse at any time, for the purpose of investigation.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-55 Hearing on revocation

Any child-care facility may, within 15 days after receipt by certified mail of notice of refusal to renew or intended revocation of a license, request an administrative hearing thereon in accordance with the Uniform Administrative Procedures Act, Chapter 54, Connecticut General Statutes. Revocation or denial of renewal of license shall be stayed until such hearing is held except as provided in section 4-182 subsection (c). In the absence of such request for a hearing during this time period, the license shall either be revoked or not renewed. Applicants for initial licensure who are aggrieved by the refusal of the department to issue a license may request a hearing thereon by putting such request in writing to the commissioner.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-56 Suspension of license

If the department finds that public health, safety or welfare imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-57 Return of license to the commissioner

Upon discontinuance of the licensed program or revocation of the license, the license shall be returned by the child-care facility to the commissioner within 14 days after receipt of such request.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-58 Waiver of requirements

A child-care facility shall comply with all relevant regulations unless a waiver for specific requirement(s) has been granted through a prior written agreement with the department. This agreement shall specify the particular requirement(s) to be waived, the duration of the waiver, and the terms under which waiver is granted. Waiver of specific requirements shall be granted only when the facility has documented that the intent of the specific requirement(s) to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirement(s). When the facility fails to comply with the waiver agreement in any particular, the agreement shall be subject to immediate cancellation.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-59 Compliance with requirements for licensure

The minimum requirements set forth in section 17a-145-60 to section 17a-145-98, shall be complied with as requisite for licensing children's homes or similar institutions, residential treatment facilities, group homes and temporary shelters. Facilities which are not private family homes may be licensed under these sections.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-60 Finances

Each such facility shall have sufficient income and resources to adequately maintain the plant, equipment and program encompassed by these regulations. Financial records showing the amount and source of all income and expenses and of all assets and liabilities of the child-care facility and the sponsoring agency shall be maintained. There shall be an annual audit of all capital resources, assets, liabilities, receipts and expenditures by a qualified public accountant not affiliated with the facility or agency as an employee. A copy of each such annual audit, in such form as required by the commissioner or his designee, shall be a part of the facility's record and shall be submitted to the department upon request.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-61 Written policies and procedures

The policies and operating procedures of the facility covering the selection, medical care, education, religious training, discipline, discharge, program, daily care, feeding, staffing pattern and supervision of the children shall be clearly stated in writing, reviewed no less than annually by the persons responsible for the total operation of the facility, and kept current. Copies and any subsequent revision thereof shall be made available to appropriate staff of the facility. Copies and any subsequent substantial revisions shall be provided to the department.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-62 Governing board

All licensed child-care facilities shall have a governing board. Such board shall be legally constituted and shall manage its affairs in accordance with applicable provisions of law, its certificate of incorporation and its duly adopted bylaws. The board shall meet at least with the frequency specified in the corporation's bylaws and keep minutes of each meeting which shall be made a part of the permanent records of the facility. Minutes of the discussion of those matters relating to the licensed facility's operation shall be made available to the department upon request.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-63 Chief administrative officer

There shall be a chief administrative officer who shall be in charge of the overall management of the facility and carry out the policies of the governing board. Each facility shall provide the staff and complementary services to enhance the physical and emotional well-being and ensure the safety of the children.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-64 Personnel policies and procedures

Personnel policies and operating procedures regarding facility employment and personnel practices shall be in writing and on file with the department. A copy shall be given to each employee and volunteer worker. A record containing personnel and health information shall be maintained by the facility for each employee. All direct care personnel shall have a physical examination, including a test for tuberculosis, immediately prior to assuming assigned duties.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-65 Hazardous equipment

All power-driven machines and other hazardous equipment shall be properly safeguarded and their use by children regulated by supervisory staff of the facility.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-66 Health, sanitation, fire safety, and zoning approval

Health and sanitation approval by the state and local departments of health, approval for safety by the state and local fire marshals, certificate of occupancy and zoning approval are prerequisite to licensing upon initial application. State, or at the discretion of the commissioner, local fire marshal and health inspections and approvals shall be required for renewal of a license.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-67 Water supply. Sewage and garbage facilities

Water supply shall be adequate and safe. If the facility is not served by public water supply, the water shall be analyzed and approved by the state department of health services or local department of health or a private water-testing laboratory approved by the state department of health services at the time of initial licensure and at any subsequent time the department deems such testing is necessary. Adequate and safe sewage and garbage facilities shall be maintained.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-68 Heating, ventilation, lighting

Comfortable heating, sufficient ventilation, and both natural and artificial lighting shall be provided.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-69 Construction

The plans and designs for all new construction, additions to or substantial modifications of buildings or parts of buildings used or to be used in the operation of the child-care facility shall be submitted to the commissioner for review before such construction is contracted for or begun. The proposed plans shall include written confirmation of required fire, safety and zoning approvals. The commissioner shall determine if the proposed plans are in compliance with the intent of these regulations within 30 days.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-70 Nursery units

Nursery units for children up to two years of age shall be separate from living quarters for children.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-71 Living room, lounge

Cottage-type and congregate-type institutions shall provide a living room or lounge in each unit sufficient in size and equipment for the informal use of the children. Each living room or lounge shall be comfortably and attractively furnished, well heated, lighted, ventilated and screened, clean and cheerful, with substantial furnishings suitable for use by children.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-72 Living quarters of staff

Living quarters of staff shall afford privacy from children and shall be suitable according to job duties and employment arrangements.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-73 Sleeping accommodations

(a) Sleeping accommodations for each child shall have adequate area, spacing and equipment in accordance with the child's age and needs. Bedrooms shall contain a window unless there is a 24-hour ventilation system approved by the state or local health department. Heating facilities shall be sufficient to maintain a room temperature consistent with existing department of health services' guidelines. Separate sleeping quarters shall be provided for children of the opposite sex six years of age or over. The facility shall provide each such child with a single bed with adequate linens and covers suitable for the temperature, and a locker, dresser or other storage space for the child's private use conveniently located in or near the child's sleeping room.

(b) Sleeping quarters for children under 12 years of age shall have a minimum of 300 cubic feet of air space per child, or a minimum of 70 square feet of floor space. Sleeping quarters for children aged 12 and over shall have a minimum of 500 cubic feet of air space, or a minimum of 70 square feet of floor space per child.

(c) Sleeping quarters of staff shall be separate from those of the children but near enough to afford proper supervision.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-74 Lavatory facilities. Toilet articles and linens

(a) At least one toilet and washbasin shall be provided near sleeping quarters, recreation areas, and dining rooms respectively and shall have adequate hot and cold running water, equipment and supplies. Adequate bath facilities shall be in the same building as, and accessible to, sleeping quarters. The bathroom equipment for children shall be of appropriate size and height for the children's use. Each facility shall provide for bathrooms and toilets which shall allow for individual privacy.

(b) Each child shall be provided with an adequate supply of toilet articles and linen.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-75 Health and medical treatment. Administration of first aid. Prescription medication. Administration of medicine or treatment. Written records. Storage of drugs, medicines, and instruments. Sick room, telephone

(a) The facility shall provide for the health and medical treatment needs of children by having a written plan which specifies the arrangements for the provision of preventive, routine, elective and emergency medical care. The facility shall provide or arrange for qualified medical care for its residents, including medical emergency treatment, on a 24-hour, 7-day-a-week basis.

(b) There shall be written policies and procedures, reviewed by a physician at least quarterly, for the administration of first-aid; care of residents with minor illnesses, injuries or special conditions; and for the administration or use by residents of patent medicines.

(c) The facility shall only permit prescription medication to be administered to a child upon the written order of a licensed physician who has examined the child in an appropriate manner for the condition and its treatment. Orders for prescription medication should be reviewed at intervals appropriate for that child and his/her treatment, as specified in writing by a physician, and at least quarterly.

(d) The facility shall permit only staff who have been fully instructed in the proper administration, expected and untoward effects, and contraindications to continued administration of a prescribed medicine or treatment to administer that medicine or treatment. The facility shall have a written policy specifying the criteria used for designating staff to administer medication and a written plan for training staff. The facility shall maintain a current, written roster of staff designated to administer medication. There shall be periodic reviews and updating of staff's knowledge about medication and other treatments and their administration.

(e) A written record shall be kept of the administration of all prescriptive and non-prescriptive medicine to a resident, identifying the medicine and dosage, time of administration and the person who administered the medicine.

(f) All drugs, medicines and medical instruments shall be kept in a locked cabinet accessible only to designated staff members. A resident may keep and administer prescribed medicines himself only with the written approval of a physician and the agreement of designated staff that this practice would not be a risk for other children in residence.

(g) The facility shall ensure that residents, in the event of sickness have an area which is comfortable, safe and allows appropriate privacy.

(h) A telephone with posted emergency medical and poison information numbers shall be available in all health care areas.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-76 Kitchens, equipment, food-handling

All kitchens shall be clean, well lighted, properly ventilated and screened, and provided with essential and proper equipment for the preparation and serving of food. Storage, refrigeration and freezer facilities shall be adequate for the number of persons to be served. All perishable foods shall be refrigerated at a temperature at or below 45° Fahrenheit. Freezers and frozen food compartments shall be maintained at minus 10° to 0° Fahrenheit. Cooking utensils, dishes and tableware shall be in good condition and proper cleaning facilities for this equipment shall be provided. Dishes shall be stored in a clean, dry place protected from flies, dust or other contamination. Food preparation and serving areas shall comply with section 19-13-B42 of the public health code. Proper food handling techniques and sanitation to minimize the possibility of the spread of food-borne diseases shall be maintained.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-77 Dining areas and supervision

Dining areas shall be kept clean and attractive, well-lighted, properly screened and ventilated, and shall be large enough to accommodate the children and staff responsible for their supervision. Staff supervision at meals shall be adequate to ensure a safe and comfortable atmosphere for eating.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-78 Recreational facilities

Indoor and outdoor recreational facilities, supplies and equipment shall be provided and used by the children. Appropriate safety measures, instructions and supervision should be provided to protect the children from bodily harm.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-79 Telephone service

Each cottage or separate living unit shall have 24-hour telephone service.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-80 Internal and external security

The facility shall provide adequate internal and external security to ensure the safety of children and staff from outside intruders.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-81 Provisions for education

Each child-care facility shall ensure that every child in care attends an appropriate educational program which is approved by the state education agency in accordance with state law.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-82 Laundry

Provisions shall be made for the children's personal laundry, the facility's laundry and the repair of clothing.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-83 Visitors

Children shall have a place to receive visitors in privacy. Each child shall be permitted to receive visitors subject to reasonable restrictions consistent with the child's treatment objectives.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-84 Office space. Confidential files

Private office space shall be available for administrative and counseling staff. There shall be locked files for all confidential material.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-85 Housekeeping equipment and supplies

Housekeeping equipment and supplies shall not be accessible to children unless an individual determination is made concerning their ability to safely use them or their use is under direct staff supervision. Such materials shall be maintained in a safe, protected space which shall be clean, dry, well-lighted, ventilated and in good repair, free from rodents and other vermin.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-86 Instructions in safety procedures. Supervision

Each child shall be instructed, as appropriate to his or her own age level, in safety procedures, including fire drills, civil defense and safe use of electrical or power equipment. All use of such equipment shall be under the supervision of a competent adult. Safety procedures for public swimming pools and public swimming areas shall be maintained. All on-grounds pools shall be enclosed with safety fences and shall be regularly tested to ensure that the pools are free of contamination. A certified individual shall be on duty when the children in care are swimming. A certified individual is one who has a current water safety instructor’s certificate or senior lifesaving certificate from the Red Cross or its equivalent. The public swimming pool or public swimming area shall be properly maintained and have proper safety equipment available. The public swimming pool shall be inspected under section 19-13-B33b, and the public swimming area under section 19a-36-B61 of the Regulations of Connecticut State Agencies.

History

Effective February 1, 1994; Amended March 17, 2014

Regs., Conn. State Agencies § 17a-145-87 Religious activities

The religious faith of each child shall be protected and the child shall be given the opportunity to participate in religious activities of his own faith whenever possible.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-88 Abuse of children. Discipline

The child-care facility shall prohibit abusive, corporal, humiliating or frightening punishment and restraints not appropriate to the circumstances, particularly in the area of toileting, feeding or sleeping practices. Control, supervision and discipline of children shall be an adult responsibility appropriate to the child's age and level of development and shall not be prescribed or administered by the children except in those programs which employ peer counseling and control under specific guidelines as determined by the commissioner.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-89 Work performed by children

Children shall be encouraged to work. Each facility shall ensure that the child's work experience has a constructive value for his or her training and development. Work assignments shall be made in accordance with the age and ability of the child and applicable laws and regulations.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-90 Clothing. Storage

Each child-care facility shall ensure that each child in care has adequate clean, well-fitting, attractive and seasonable clothing as required for health, comfort and physical well-being, and as appropriate to age, sex, individual needs and community standards. A child's clothing must be identifiably his/her own and not shared in common. Provision shall be made for the safe storage of the child's personal possessions.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-91 Health program, facilities, training

Each child-care facility shall provide the program, facilities and training necessary for the children's daily health needs and the development of sound habits and practices or personal hygiene and appearance.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-92 Food and diet

Food served shall be wholesome and of sufficient quantity. The diet of children under one year of age shall be prescribed by a qualified physician. The diet of children over one year of age shall meet the recommended daily allowances published by the food and nutrition board of the national research council, the state department of health or county extension service.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-93 Medical, dental, and nursing care

Each child-care facility shall provide or arrange for appropriate medical, dental and nursing care for children, including use of community health services. The health program for the children shall include preventive and remedial medical and dental services and psychiatric and psychological services as needed.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-94 Written treatment plan

An individualized facility written treatment plan shall be established by the facility and implemented for each child in accordance with department treatment plans and regulations as applicable.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-95 Children not to be used for fund-raising

The child-care facility shall not require or permit children in its care to solicit funds for the institution or be identified by name, in photographs or in any other manner in its fund-raising material and activities or in public relations unless legally sufficient waivers are obtained.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-96 Discharge of child

Discharge of a child from the care of the child-care facility shall be only to the person, persons or agency having legal custody of the child, or on the written authorization of such legal custodian.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-97 Unauthorized absence of child

Unauthorized absences of a child in care shall be reported immediately by telephone, or not later than the next working day, to the guardian followed by a written report within a reasonable period of time. When such absences occur outside of normal working hours or on weekends and holidays and the department or guardian cannot be notified, the child-care facility shall also report the absence to the police.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-98 Case records. Reports. Confidentiality

(a) Each child-care facility shall maintain a current, confidential case record for each child, including family, social and health history; the reason for admission; the individual treatment plan; the care and service provided; the progress of the child in the facility; and the plan for discharge and disposition.

(b) The guardian or custodian of the child shall be entitled to receive, upon written request, reports and information concerning the health, behavior, progress and educational achievement of the child.

(c) All confidential records shall be maintained in locked files and shall not be available to other than authorized persons. A record of duly authorized personnel shall be maintained by the facility.

History

Effective February 1, 1994

Regs., Conn. State Agencies § 17a-145-99—17a-145-129 (Repealed)

Repealed February 20, 1997.

Regs., Conn. State Agencies § 17a-145-130 Definitions

As used in Sections 17a-145-130 through 17a-145-160, inclusive, of the Regulations of Connecticut State Agencies, the following definitions apply:

(a) "Approved" means to be granted permission by a child placing agency, licensed by the department, to be a foster family or prospective adoptive family.

(b) "Bedroom" means a room used by a foster or adoptive child for sleeping.

(d) "Child-placing agency" means an agency, association, corporation, institution, society, or other public or private organization licensed by the department to approve foster or prospective adoptive families and to place a child into an approved foster or prospective adoptive family.

(e) "Commissioner" means the commissioner of the Department of Children and Families.

(f) "Department" means the Department of Children and Families.

(g) "Emergency" means any situation in which an immediate threat to the health or welfare of a child or children exists or is suspected.

(h) "Firearms or other types of dangerous weapons" means those items defined in Sections 53a-3(19) and 53a-3(21) of the Connecticut General Statutes.

(i) "Foster family" means a person or persons, licensed or certified by the department of children and families or approved by a licensed child placing agency, for the care of a child or children in a private home, herein after referred to as a foster family, foster home or foster parents.

(j) "Licensed" means to be granted permission by the department.

(k) "Member of the household" means a person who lives in or has regular access to a foster or prospective adoptive home including, but not limited to boarders, roomers, relatives and friends.

(l) "Prospective adoptive family" means a person or persons, licensed by the department of children and families or approved by a licensed child placing agency, who is awaiting the placement of, or who has a child or children placed in their home for purposes of adoption, herein after referred to as a prospective adoptive family, prospective adoptive home or prospective adoptive parents.

(m) "Summary suspension" means the immediate termination of the right to provide care as a foster or prospective adoptive family as granted in a department issued license, pending proceedings for revocation or other licensure action.

(n) "Trigger guard lock" means a lock which prevents the discharge of a firearm unless unlocked by a key or combination.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-131 Application of regulations to the department and child placing agencies

The provisions of sections 17a-145-130 through 17a-145-160, inclusive, of the Regulations of Connecticut State Agencies shall apply to the process of licensing or approving a foster or prospective adoptive family by the department or child placing agencies except where otherwise referenced in such regulations.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-132 Assessment of foster or prospective adoptive parents and members of the household

The department and each child placing agency shall conduct an assessment of any applicant for a foster family or prospective adoptive family license or for the renewal of such a license. Such assessment shall include the applicant as well as all members of the applicant's household. The assessment shall determine the ability of the applicant to comply with the requirements of sections 17a-145-130 through 17a-145-160, inclusive, of the Regulations of Connecticut State Agencies. Such assessment shall include, but not necessarily be limited to, the physical condition of the home, the health of the applicant and other members of the household, and the ability of the applicant to provide an environment that will advance the physical, mental, emotional educational and societal development of each foster or adoptive child who may be placed in such home. In the case of a foster family the assessment shall also determine the ability of the foster family or applicant to work with the department to pursue the child's treatment plan including reunification with the biological family.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-133 Issuance of license or granting of approval. Not transferable or assignable

(a) A license to care for or board a child shall be issued by the department only to the foster family or prospective adoptive family for which application is made and only for the address shown on the application and shall not be transferable or assignable. Foster families or prospective adoptive families approved through a licensed child placing agency shall be granted such approval by a licensed child placing agency only to the foster family or prospective adoptive family for which application is made and only for the address shown on the application and shall not be transferable or assignable.

(b) No foster or prospective adoptive home shall possesses more than one (1) license or approval for adoption or other form of out of home care either through the department, an entity licensed by the department or licensed or otherwise approved through any other entity.

(c) In the case that there are changes to any member of the household or dwelling structure, the department or child placing agency may require a new assessment of the foster or prospective adoptive family. Such assessment shall result in the issuance of a new license or approval or the initiation of action to revoke such license or approval.

(d) A foster care license or approval is not an entitlement.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-134 Access to license or documentation of approval

Each foster family or prospective adoptive family to which a license has been granted by the commissioner for the care of a child shall keep such license at the residence and shall make such license available to the commissioner or his designee upon request. Foster families or prospective adoptive families approved through a child placing agency shall keep a letter or other form of documentation from such agency proving they are approved and shall make such letter or documentation available to the child placing agency, commissioner or his designee upon request.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-135 Access of commissioner or child placing agency to premises

Each foster family or prospective adoptive family shall grant the commissioner or his designee or child placing agency access to the child, premises and documents related to the child at any reasonable time as deemed necessary with respect to non-emergency child related issues. In emergency circumstances unrestricted access shall be granted.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-136 Interstate placement of children

Each child placing agency, foster family or prospective adoptive family shall comply with state statutes and regulations regarding the interstate placement of children prior to accepting placement of a child from out of state.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-137 Physical requirements of foster and prospective adoptive homes

(a) Dwelling and furnishings shall be clean and comfortable and in good repair.

(b) State and local fire codes shall be observed by all foster families and prospective adoptive families. A determination of reasonable fire safety shall be established for all foster families or prospective adoptive families. In the event of a disagreement between the department and a foster family or prospective adoptive family regarding fire safety issues, the final determination shall be vested in the local fire marshal.

(c) The home and grounds shall be reasonably free from anything that constitutes a hazard to children including, but not limited to:

Any peeling paint inside or outside of the house which is accessible to the children shall be determined to be non-toxic in compliance with requirements of the department of public health;
equipment used by the children shall not be painted or covered by any material which is poisonous;
all swimming pools shall comply with state and local regulations; and
medicines and toxic and flammable materials shall be kept out of the reach of children.

(d) There shall be sufficient indoor and outdoor space, ventilation, toilet facilities, light and heat to ensure the health and comfort of all members of the household.

(e) All heating systems shall comply with the state and local building and fire codes.

(f) Adequate sewage and garbage facilities shall be maintained.

(g) All power driven machines or other hazardous equipment shall be properly safeguarded and their use by any foster or adoptive child properly supervised by an adult.

(h) Emergency evacuation plans shall be established and practiced at least quarterly with the children.

(i) If a furnace is on the same floor as a living space it shall be enclosed.

(j) All foster and prospective adoptive homes shall have smoke detectors in operating condition so as to protect sleep areas, play areas and the basement.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-138 Telephone

All foster and prospective adoptive homes shall have a working telephone with emergency numbers posted in an easily visible location. The department or child placing agency shall be notified within one (1) business day of any change in the home's telephone number or telephone status.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-139 Children’s bedroom, clothing and privacy

(a) (1) Each bedroom shall be enclosed on all sides, with a window and a door that leads into a hallway or other common living area.

(2) Each bedroom shall have at least two approved means of exit capable of providing for escape in the event of fire or disaster

(3) Bedrooms for children shall be used for sleeping purposes and customary childrens’ activities only. The child’s bedroom shall not be used for general purposes of other members of the family.

(4) Children under the age of five placed in foster families and prospective adoptive families shall sleep on the same floor and in close proximity to foster or prospective adoptive parents or a responsible adult.

(5) A separate bed shall be provided for each child except that siblings of the same sex may sleep together in a double sized or larger bed with the approval of the commissioner or his designee.

(6) No child three years of age or older shall be permitted to share a bedroom with another child of the opposite sex or a same sex child of disparate age. No child over the age of one shall share a room with an adult without the permission of the commissioner or his designee.

(7) No more than four (4) children including the foster or prospective adoptive parents own children shall sleep in the same room without the permission of the commissioner or his designee.

(b) The child’s clothing shall be kept clean and in good condition in keeping with the standards of the community. Provision shall be made for the safe storage of the child’s clothing and personal possessions.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-140 Food and water

(a) All food for human consumption, food storage and preparation, personal cleanliness and general care of the home shall meet generally accepted health standards.

(b) No non-pasteurized milk products shall be provided by, or with the approval or knowledge of, a foster family or prospective adoptive family to any child in care.

(c) The water supply shall be safe and adequate to meet the needs of the household. If the home is not served by a public water supply, the water shall be analyzed and approved by the state or local department of health or by a private water testing laboratory approved by the department of public health and addiction services at the time of initial licensure or approval and at any subsequent time the department or child placing agency deems such testing necessary.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-141 Firearms and weapons

Firearms or other types of dangerous weapons are discouraged in foster and prospective adoptive homes. The department or child placing agency shall be notified by any foster or prospective adoptive parents if they or a resident in their home possess, prior to licensure or approval or obtained subsequent to licensure or approval, a firearm or other type of dangerous weapon. A foster or prospective adoptive parents shall ensure that: (1) Firearms and ammunition shall each be locked in separate places inaccessible to all children; firearms; (2) whenever practicable, firearms are equipped with a trigger guard lock; (3) other types of dangerous weapons shall be unstrung or unloaded and shall be stored in locked containers out of the reach of children; and, (4) keys to the locked storage area of firearms, other types of dangerous weapons, trigger guards, and ammunition shall be kept in the secure possession of an adult or reasonably secure from children.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-142 Animals

All animals in the foster family or prospective adoptive family shall be kept in a safe and sanitary manner and shall be in compliance with all statutes and regulations regarding vaccination, and generally accepted veterinary care.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-143 Health standards for of foster or prospective adoptive parents and members of the household

(a) The health of persons living in the foster or prospective adoptive family shall not present a hazard to the children. Prior to licensure or approval applicants to become a foster family or prospective adoptive family shall supply a statement from a physician on such forms as approved by the commissioner or child placing agency that within the previous twelve (12) months:

(1) Each person living in the home has had a physical examination and has been found to be in good health or that specified members of the family are receiving all necessary continuing medical care and are free of communicable disease; and

(2) the parents have been determined to be physically and mentally able to provide care to children.

(b) Once licensed, foster or prospective adoptive parents shall notify the department whenever they or a member of the household develop a physical or mental infirmity which may interfere with their ability to care for and meet the needs of the child.

(c) The department or child placing agency may require a physical, mental or psychological examination of any member of the foster or prospective adoptive household if such person exhibits characteristics or behaviors which indicate or could indicate that they are unable to provide for the care of the child. Such examination shall be done at the expense of the department or child placing agency if such person is uninsured.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-144 Character standards for foster or prospective adoptive parents and members of the household

Foster and prospective adoptive parents and others members of the household shall be of good character, habits and reputation.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-145 Change in licensed conditions

Foster and prospective adoptive parents shall notify the department or child placing agency, in writing, prior to or not later than one (1) business day following any change in circumstance or member of the household which alters the statement of fact made in the application for licensure or approval or which effect the ability of the foster or prospective adoptive parent to provide on-going care of the child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-146 Reporting of the injury, illness, death, fire or absence of a child from placement

Foster and prospective adoptive parents shall report to the department or child placing agency, by telephone, within six (6) hours any serious injury, serious illness or death of a child, any fire in the home or any unauthorized absence of a child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-147 Financial condition of the foster or prospective adoptive parent

Foster and prospective adoptive parents shall have an income sufficient to meet the needs of their family. Money received on behalf of the child shall be expended for the care of the child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-148 Substitute child care

When all adults in a foster home or prospective adoptive home are employed or otherwise occupied in substantial amount of time away from the foster home or prospective adoptive home, the plans for care and supervision of the child shall be provided by a competent individual and approved in advance by the commissioner or his designee.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-149 Cooperation with the department's treatment plan

(a) Foster parents shall comply with the treatment plan for the child and work cooperatively with the department or child placing agency in all matters pertaining to the child's welfare.

(b) Foster parents shall accept, cooperate with and support arrangements made for the child to have contact including visits and correspondence with the child's biological family in keeping with the frequency indicated by the treatment plan. Visits between children and biological parents shall take place in the foster home unless it is deemed not to be in the best interest of the child or foster family. Foster parents shall be active participants in reunification of the child with the child's biological family.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-150 Limitation on the number of licenses or approvals allowed

A foster or prospective adoptive family shall be approved only by a child placing agency. No foster or prospective adoptive home shall possess more than one (1) license or approval for adoption or other form of out of home care either through the department, an entity licensed by the department or licensed or otherwise approved through any other entity. No foster or prospective adoptive family shall hold dual licensure or approval. No licensed or approved foster or prospective adoptive family shall accept, on a private basis, another child for placement.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-151 General requirements of foster and prospective adoptive parents

(a) Foster and prospective adoptive parents shall be physically, intellectually and emotionally capable of providing care, guidance and supervision of the child including:

(1) Insuring routine medical care, scheduling and transportation;

(2) obtaining and following instructions from the child's medical provider if medication or treatment are to be administered by the foster or prospective adoptive parents. Any medications provided shall be clearly labeled and kept out of the reach of children;

(3) establishing plans to respond to illness and emergencies, including serious injuries and the ingestion of poison, with appropriate first aid supplies available in the home out of reach of the children;

(4) maintaining all documentation as required by the department;

(5) providing for the child's physical needs including adequate hygiene, nutritional meals and snacks prepared in a safe and sanitary manner, readily available drinking water, a balanced schedule of rest, active play, indoor and outdoor activity appropriate to the age of the child in care;

(6) promoting the social, intellectual, emotional, and physical development of each child by providing activities that meet these needs or special needs if such exist;

(7) assuring adequate opportunity for cultural, and educational activities in the family and in the community. Children who do not share the same language, as their caretaker shall be provided with opportunities to practice their native language as they become bilingual or multi-lingual;

(8) assuring an environment of tolerance and sensitivity to a child's religion through providing adequate opportunity for religious training and participation appropriate to the child's religious denomination, and not requiring any child to participate in religious practices contrary to the child's beliefs;

(9) providing emotional support and an environment that meets the child's ethnic and cultural needs;

(10) assuring the child's participation in an approved education program, including regular school attendance. The foster or prospective adoptive parents shall cooperate with the proper authorities in relation to the child's educational needs;

(11) guiding the child in the acquisition of daily living skills including the assigning of daily chores to the child on the basis of the child's abilities and developmental level; and

(12) providing infants and toddlers with ample opportunity for freedom of movement each day outside of a crib or playpen, infants are to be held for all bottle feedings, as well as at other times, for attention and verbal communication.

(b) Foster and prospective adoptive parents, members of the household, substitute care providers, and other persons having regular access to children in the home shall give the child humane and affectionate care. They shall be a positive role model to the child and instruct the child in appropriate behavior. They shall establish limits and assist the child to develop self control and judgment skills. Children in the home shall be encouraged to assume age-appropriate responsibility for their decisions and actions.

(c) Discipline shall be appropriate to the child's age and level of development. Foster and prospective adoptive parents shall not use physically or verbally abusive, neglectful, humiliating, frightening or corporal punishment, including but not limited to spanking, cursing or threats.

(d) When unusual circumstances require continued or frequent use of physical or mechanical restraints prior written approval shall be obtained from the commissioner or his designee.

(e) Licensed or approved foster and prospective adoptive parents shall complete all assessment and training requirements as prescribed by the department or child placing agency.

(f) The department or child placing agency may consider any unusual circumstances including but not limited to the health demands of other members of the household which may detract from the attention, structure and time required by a foster or prospective adoptive child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-152 Criminal history; pending criminal actions; history of child abuse or neglect

(a) The granting of a license or approval shall be denied if any member of the household of a foster family or prospective adoptive family:

(1) Has been convicted of injury or risk of injury to minor or other similar offenses against a minor

(2) has been convicted of impairing the morals of a minor or other similar offenses against a minor;

(3) has been convicted of violent crime against a person or other similar offenses;

(4) has been convicted of the possession, use, or sale of controlled substances within the past five (5) years;

(5) has been convicted of illegal use of a firearm or other similar offenses;

(6) has ever had an allegation of child abuse or neglect substantiated; or

(7) has had a minor removed from their care because of child abuse or neglect.

(b) The renewal of a license or approval may be denied if any member of the household of a foster family or prospective adoptive family:

(1) Has been convicted of injury or risk of injury to a minor or other similar offenses against a minor;

(2) has been convicted of impairing the morals of a minor or other similar offenses against a minor;

(3) has been convicted of violent crime against a person or other similar offenses;

(4) has been convicted of the possession, use, or sale of controlled substances;

(5) has been convicted of illegal use of a firearm or other similar offenses;

(6) has ever had an allegation of child abuse or neglect substantiated; or

(7) has had a minor removed from their care because of child abuse or neglect.

(c) The granting or renewal of a license or approval may be denied if any member of the household of a foster family or prospective adoptive family:

(1) Is awaiting trial, or is on trial, for charges as described in subdivisions (1) through (5) of subsection (a) of this section;

(2) has a criminal record that the department or child placing agency believes makes the home unsuitable; or

(3) has a current child abuse or neglect allegation pending;

(d) No approval shall be renewed if the holder of such approval knowingly arranges for the substitute care of a child by a person described in subsection (a) or (c) of this section.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-153 Achieving compliance with regulatory requirements

(a) In the event that a foster family is found to be in non-compliance with any statutes or regulations the department shall identify in writing within twenty (20) business days of the determination of non-compliance the sections of the statutes or regulations in which such person is not in compliance.

(b) The foster family shall be given twenty (20) business days to show compliance with the statutes or regulations. When such person cannot demonstrate compliance within twenty (20) business days the commissioner or his designee may provide such person the opportunity to submit a written plan to the department outlining steps which will be taken to achieve compliance.

(c) Upon approval by the commissioner or his designee of a written plan to achieve compliance with all relevant statutes and regulations a foster family may be issued a provisional license. Each provisional license may be in force for up to a period of up to sixty (60) days per license. Additional provisional licenses may be issued for additional periods of up to sixty (60) days if adequate progress towards compliance as outlined in the written plan is being demonstrated. The total period for which a foster family may be issued provisional licenses shall not exceed one (1) year.

(d) In accordance with section 17a-151 of the Connecticut General Statutes a provisional license or a provisional approval may be revoked, suspended, denied or its renewal refused if the foster family does not supply a satisfactory plan for achieving compliance with all relevant regulations, does not make good faith efforts to achieve compliance, or does not achieve compliance within a period of not more than one (1) year.

(e) The commissioner or his designee shall not grant the opportunity for the submission of a written plan if the nature or severity of the non compliance is such that the commissioner or his designee determine that compliance is not achievable within a reasonable time period or would require such involvement by the department that the relative cost/benefit would be fiscally imprudent on the part of the department. The department shall document such instances when the opportunity to submit a written plan is not granted.

(f) If the department revokes, suspends, denies or refuses to renew a license pursuant to subsection (d) of this section or does not grant the submission of a plan pursuant to subsection (e) of this section the department shall provide the foster family with documentation of the nature of the non-compliance and the reasons for the department's action. The department shall promptly institute proceedings for revocation or non-renewal of such license.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-154 Causes for, denying, revoking or refusing to renew a license

(a) A license or approval may be denied, revoked, or its renewal refused if the applicant or holder of such license or approval:

(1) Fails to comply with applicable statutes and regulations regarding child care and child placement;

(2) fails to comply with applicable state and local laws, ordinances, rules and regulations relating to building, health, fire protection, safety, sanitation and zoning;

(3) violates any of the provisions under which the license or approval has been issued or granted;

(4) furnishes or makes any false or misleading statements to the commissioner or child placing agency in order to obtain or retain a license or approval;

(5) refuses or fails to submit reports or make records available when requested by the commissioner, designee or child placing agency; or

(6) fails or refuses to admit to the property or to discuss regulatory issues with the commissioner or his designee or child placing agency as required in section 17a-145-135 of the Regulations of Connecticut State Agencies.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-155 Summary suspension

If the department has reason to believe that a threat to the health or welfare of a child or children placed in a foster or prospective adoptive home exists, the department may summarily suspend the license or approval. The department shall immediately remove any foster or prospective adoptive child residing in a foster or prospective adoptive home which has had its license or approval summarily suspended. Any licensed foster or prospective adoptive home which has been issued a summary suspension shall be immediately notified by mail of its right to a hearing on the issue of summary suspension pursuant to section 17a-145-157 of the Regulations of Connecticut State Agencies. If the licensed foster or prospective adoptive home requests a hearing within ten (10) days of notification such hearing shall be held within thirty (30) days. If no hearing is requested the recommended action of the department is accepted. Regardless of a request for a hearing no additional children shall be placed in a foster or prospective adoptive home under summary suspension until a final decision is rendered on the matter.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-156 Child placing agency hearing

Any approved foster or prospective adoptive family may request a review, hearing or other method of appeal as shall be provided for by the child placing agency seeking any type of administrative hold, suspension, revocation or refusal to renew an approval granted a foster or prospective adoptive family.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-157 Hearing on summary suspension, revocation or non-renewal of license

Any licensed foster or prospective adoptive home may, within ten (10) days after receipt by mail of notice of summary suspension, intended revocation or refusal to renew a license, request an administrative hearing concerning licensure in accordance with the Uniform Administrative Procedures Act, Chapter 54, Connecticut General Statutes. Summary suspension, intended revocation or refusal to renew a license shall be stayed until such hearing is held except in the case of an emergency removal. If no hearing is requested the recommended action of the department is accepted.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-158 Disposition of license or approval documentation

In the case that any changes to the specifications set forth on license or approval documentation are made, a new assessment of the foster or prospective adoptive family shall be conducted by the department: A new license or approval documentation may be issued. In the event that a license or approval is revoked the revoked license or documentation of approval shall be returned to the department or child placing agency.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-159 Waiver of requirements for a foster or prospective adoptive family

A foster or prospective adoptive family shall comply with all relevant regulations unless a waiver for specific requirements of such regulations has been granted by the commissioner or his designee. A waiver shall only be issued if a foster or prospective adoptive family is in substantial compliance with the relevant regulations being exempted or that the specific requirement to be exempted will be satisfactorily achieved in a manner other than that prescribed by the requirement. A waiver shall specify the particular requirements to be exempted, the duration of the exemption and the terms under which the exemption is granted. If the foster or prospective adoptive family fails to comply with the waiver in any way the agreement shall be subject to immediate cancellation.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-145-160 Limitations to number of placements in one foster or prospective adoptive family

(a) Children shall not be placed in a foster family or prospective adoptive family if that placement shall result in: (1) More than three foster or prospective adoptive children in that foster family or prospective adoptive family; (2) a total of six children including the foster or prospective adoptive family's natural and adoptive children; (3) more than two children under two years of age; or (4) more than three children under six years of age, except in the case of siblings as provided for in subsection (b) of this section.

(b) The commissioner or a department regional administrator, for their specific region, may authorize a placement which exceeds the population limitations proscribed in subsection (a) of this section, only if such placement is done to keep sibling groups together and such placement does not exceed the population levels of local ordinance as provided for in subsection (d) of this section.

(c) The commissioner may authorize the placement of a child or children which exceeds the population limitations proscribed in subsection (a) of this section in special circumstances as deemed appropriate by the commissioner if such placement does not exceed the population levels of local ordinance as provided for in subsection (d)of this section.

(d) When local ordinances specify that a smaller number of children may be in care than is provided for in subsection (a) of this section or as may be provided for by subsections (b) and (c) of this section, the local ordinance shall prevail.

(e) Notwithstanding the provisions of subsections (a), (b) and (c) of this section a foster family or prospective adoptive family shall not care for more than two (2) nonambulatory children who are incapable of self-preservation.

History

Effective February 20, 1997

17a-147 Licensing of Extended Day Treatment Programs

Regs., Conn. State Agencies § 17a-147-1 Definitions as used in section 17a-147-1 to 17a-147-36, except as otherwise provided therein

(a) "Extended Day Treatment": Means a supplementary care community-based program providing a comprehensive multidisciplinary approach to treatment and rehabilitation of emotionally disturbed, mentally ill, behaviorally disordered or multiply handicapped children and youth during the hours immediately before and after school while they reside with their parents or surrogate family, except any such program provided by a regional educational service center established in accordance with Section 10-66a of the Connecticut General Statutes.

(b) "Department" means the department of children and families.

(d) "Children and Youth" means any person under the age of eighteen years.

(e) "Time Out" means to remove the child to a less stimulating space in order to allow the child time to regain his self-control.

(f) "Restraint" means any measure that restricts the movement of the child.

(g) "Seclusion" means confinement of a child in a single room used solely for the isolation of a child.

(h) "Assessment" means a multidisciplinary process which shall include but not be limited to a review of individual, developmental, family, social, educational, financial, medical, and legal status considerations.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-2 Issuance of license. Not transferable or assignable

(a) A license to provide extended day treatment services shall be issued only to the organization who makes an application and only for the address shown on the application and shall not be transferable or assignable. When issuing a license, the department may impose restrictions on an organization, including but not limited to the number of children to be served and the type of children to be served.

(b) Licenses for extended day treatment programs shall be issued biennially.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-3 Display of license

Each licensed extended day treatment program shall publicly display the license on its premises in a prominent place.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-3a Access of commissioner or designee to premises

Each license shall be conditional on the granting to the commissioner or designee access to the premises described on the license to investigate, inspect, and evaluate. In cases of suspected child abuse or neglect, unrestricted access shall be at any time.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-3b Technical consultation with applicant or licensee

Except as provided in Section 17a-147-5 of the Regulations of Connecticut State Agencies, the department shall be available to provide technical consultation with the applicant or licensee to assist them to achieve compliance with these regulations.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-4 Causes for denying, suspending, revoking or refusing to renew license

A license may be denied, suspended, revoked, or its renewal refused for any of the following causes whenever in the judgment of the commissioner or his designee the extended day treatment program:

(a) Fails to comply with the applicable regulations;

(b) Fails to comply with applicable state or local laws, ordinances, rules or regulations including but not limited to building, health, fire protection, safety, sanitation and zoning;

(d) Furnishes or makes any false or misleading statements in order to obtain or retain the license;

(e) Refuses or fails to submit information or documentation or make information or documents available when requested by the commissioner or his designee;

(f) Fails or refuses to grant the commissioner or his designee unrestricted access to the premises to investigate cases of suspected abuse or neglect; to evaluate the provision of services and inspect the premises;

(g) Management or staff have been, within five years of date of application for license, convicted of a felony against persons, for injury or risk of injury to or impairing the morals of a child, or for the possession, use or sale of a controlled substance, is awaiting or is on trial for such charges, or has had a child removed from his care or custody for reasons of child abuse or neglect.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-5 Hearing on denial, suspension or revocation of license

Any extended day treatment program may, within fifteen (15) days after receipt by certified mail of notice of denial, suspension, intended revocation or refusal to renew a license, request an administrative hearing thereon in accordance with the Uniform Administrative Procedures Act, Chapter 54, of the Connecticut General Statutes. Denial, suspension, intended revocation or refusal to renew a license shall be stayed until such hearing is held except as provided in subsection (c) of Section 4-182 of the Connecticut General Statutes. In the absence of such request for a hearing during this time period, the license shall be either denied, suspended, revoked or not renewed.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-6 Suspension of a license

If the department finds the health, safety or welfare of children imperatively requires emergency action and incorporates a finding to that effect in its order, summary suspension of a license may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-7 Return of license to the commissioner

Upon discontinuance of the licensed program or revocation of the license, the license shall be returned by the extended day treatment program to the commissioner within fourteen (14) days after receipt of such request.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-8 Waiver of requirements

An extended day treatment program shall comply with all relevant regulations unless a waiver for specific requirements has been granted through a prior written agreement with the department. This agreement shall specify the particular requirements to be waived, the duration of the waiver, and the terms under which the waiver is granted. A waiver of specific requirements shall be granted only when the extended day treatment program officials have documented that the intent of the specific requirements to be waived will be satisfactorily achieved in a manner other than that prescribed by the requirements. When the extended day treatment program fails to comply with the waiver agreement in any part, the agreement shall be immediately cancelled and the license may be immediately suspended, revoked or renewal denied.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-9 Program description

Each extended day treatment program shall have a written program description which specifies: the statement of purpose; a description of overall approach to treatment and family involvement; the types of services provided; the characteristics of the children to be served; and the characteristics of those children not appropriate for the program.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-9a Governing board

All licensed extended day treatment programs shall have a governing board. Such board shall be legally constituted and shall manage its affairs in accordance with applicable provisions of law, its statement of purpose, its certificate of incorporation and its duly adopted bylaws. The board shall meet at least with the frequency specified in the corporation's bylaws and keep minutes of each meeting which shall be made a part of the permanent records of the facility. Minutes of the discussion of those matters relating to the operation of the extended day treatment program shall be made available to the department upon request.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-10 Written policies and procedures

(a) The policies and operating procedures of the extended day treatment program covering the selection, emergency medical care, discipline, discharge planning, treatment program, staffing pattern and supervision of the children shall be clearly stated in writing, reviewed no less than annually by the persons responsible for the total operation of the program, and kept current.

(b) The program shall have written policies and procedures describing the diagnostic process including types of information to be obtained, procedures to be followed, and types of records to be maintained. Assessments shall be conducted in the following areas: presenting problems, family history and current functioning, social and environmental situations, educational functioning, physical and medical history, developmental history, strengths and weaknesses, prior treatment, and demographic data.

(c) The extended day treatment program shall have written policies and procedures regarding family involvement and shall specify if family involvement is required for admission to the program.

(d) An extended day treatment program shall have written policies and procedures to ensure that a wide range of treatment modalities are available, including, but not limited to individual, group, family and psychopharmacological modalities. The program may provide the following services: vocational or pre-vocational training; recreational programming; speech therapy; occupational therapy; and, other services appropriate to the needs of the children being served.

(e) Copies and any subsequent revisions thereof shall be made available to staff of the program. Copies and any subsequent revisions shall be provided to the department on at least an annual basis.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-11 Staffing and human resources

(a) There shall be a chief administrative officer who shall be in charge of the overall management of the extended day treatment program and carry out the policies of the governing board.

(b) An extended day treatment program shall employ sufficient numbers of qualified clinical, recreational, administrative and support staff to enhance the physical and emotional well-being and ensure the safety of the children in treatment.

(c) An extended day treatment program shall verify the licensure or certification of the professional staff who are mandated to be licensed or certified or to be supervised by licensed or certified professional staff pursuant to all Connecticut licensing and certification statutes.

(d) An extended day treatment program vests clinical responsibility for all clients in a psychiatrist, preferably a child psychiatrist.

(e) An extended day treatment program shall actively recruit and employ qualified personnel representative of the racial or ethnic groups it serves. No person shall be denied employment in accordance with Section 46a-60 of the Connecticut General Statutes.

(f) An extended day treatment program shall have a written policy regarding the utilization of volunteers and student interns. Such policy shall detail the duties and responsibilities of volunteers or interns, shall specify the degree of confidential information authorized for access by volunteers or interns, shall require that a personnel file be maintained for each volunteer or intern and shall stipulate that volunteers or interns given direct access to children undergo reference checks, orientation, training and evaluation similar to that of the program's professional employees. A copy of this policy shall be provided to each volunteer or intern.

(g) Every personnel record shall contain a form, signed by the employee at the time of hiring, that he has read, understands and will adhere to the provisions of Section 17a-28 of the Connecticut General Statutes regarding confidentiality for all children in the program who are in the custody of the commissioner.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-11a Finances

The extended day treatment program shall have sufficient income and resources to adequately maintain the plant, equipment and program encompassed by these regulations. Financial records showing the amount and sources of all income and expenses and of all assets and liabilities of the extended day treatment program and the sponsoring organization shall be maintained. There shall be an annual audit of all capital resources, assets, liabilities, receipts and expenditures by a qualified public accountant not affiliated with the program or organization as an employee. A copy of each such annual audit in such form as required by the commissioner or designee shall be a part of the program's record and shall be submitted to the department upon request.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-11b Fire, liability and vehicle insurance

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-11c Health, sanitation, fire safety and zoning approval

(a) Health and sanitation approval by the state and local departments of health, approval for fire safety by the state and local fire marshals, certificate of occupancy and compliance with local zoning are prerequisite to licensing upon initial application. State and local fire and health approvals shall be required for renewal of a license.

(b) An extended day treatment program shall ensure that all structures and space used by the program are free from any danger to health or safety. The extended day treatment program shall ensure the availability of comfortable and sufficient space to staff and children and youth in treatment to permit effective operation of the program. An extended day treatment program shall have written policy and procedures regarding emergency planning and procedures including evacuation due to fire and natural disasters, staff responses to emergency medical situations, and staff responses to emergency mental health situations. An extended day treatment program shall conduct unannounced, fire drills in which all staff and children shall participate at a frequency established by the Connecticut Fire and Safety Code. Documentation of fire drills held shall be maintained on a standardized form which records the date, time, minutes taken to evacuate, problems noted, follow up to problems and simulated conditions of the drill. Fire evacuation diagrams shall be posted at eye level of the children and youth in treatment and written in the primary language of the children and youth in treatment. An extended day treatment program shall ensure that at all times at least one staff member on-duty is qualified by American Red Cross certification to administer First Aid and CPR. An extended day treatment program shall develop written standards regarding housekeeping supplies and procedures in keeping with its established infection control program.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-11d Personnel policies and procedures

(a) Personnel policies and operating procedures regarding program employment and personnel practices shall be in writing and on file with the department. A copy shall be given to each employee and volunteer worker. All applications for employment or volunteers will have a criminal conviction records check completed before being hired or selected; the results of which shall be filed, separately and confidentially in their personnel record. All direct care personnel shall have a physical examination, including a test for tuberculosis, immediately prior to assuming their assigned duties.

(b) An extended day treatment program shall not hire or employ anyone who has been within five years of date of employment convicted of a felony against persons, for injury or risk of injury to or impairing the morals of a child, or for the possession, use or sale of a controlled substance, is awaiting or is on trial for such charges, or has had a child removed from his care or custody for reasons of child abuse or neglect. Prior to employment and anytime thereafter upon request all employees shall undergo a State Police background check for any convictions. An extended day treatment program shall maintain written job descriptions outlining the general requirements for each position. A copy shall be given to each employee. All job descriptions shall be made available to all staff upon request. An extended day treatment program shall provide staff reasonable access to their personnel file. There shall be written policies and procedures that are designed to assure the confidentiality of personnel records and specify who has access to various types of personnel information. Personnel policies shall include a written plan for staff training and development that includes but is not limited to: introductory orientation; ongoing training and development; supervision; and evaluations; and external training and education.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-12 Hazardous equipment

All power-driven machines and other hazardous equipment shall be properly safeguarded and their use by children regulated by supervisory staff of the program.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-12a Construction

The plans and designs for all new construction, additions to or substantial modification of buildings or parts of buildings used or to be used in the operation of the extended day treatment program shall be submitted to the commissioner or his designee for review before such construction is contracted for or begun. The proposed plans shall include written confirmation of required fire, health, safety and zoning approvals. The commissioner or his designee shall determine if the proposed plans are in compliance with the intent of these regulations within thirty (30) days.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-12b Water supply

The water supply shall be adequate and potable. If the program is not served by a public water supply, the well water shall be analyzed and approved by the state department of public health and addiction services, local department of health or a private water testing laboratory approved by the state department of public health and addiction services at the time of initial licensure and at any subsequent time the department deems such testing as necessary.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-12c Sewage and garbage facilities

Adequate and safe sewage and garbage facilities shall be maintained.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-12d Heating, ventilation and lighting

Comfortable heating, sufficient ventilation, and both natural and artificial lighting shall be provided.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-12e Lavatory facilities

The state and local departments of health shall determine the requirements for lavatories based upon the number of children and youth to be served by the program and the number of employees. The bathroom equipment for the children and youth shall be of appropriate size and height for their use. Bathrooms and toilets shall allow for individual privacy.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-13 Rooms to be used for the treatment of children

Rooms shall be sufficient in size and equipment to accommodate the licensed program. Each room shall be comfortably and attractively furnished, well heated, lighted, ventilated and screened, clean and cheerful, with substantial furnishings suitable for use by children.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-14 Kitchens, equipment, food handling

The extended day treatment program shall provide for the serving of snacks or meals depending upon the program's hours of operation. Food served shall be wholesome and of sufficient quantity. All kitchens shall be clean, well lighted, properly ventilated and screened, and provided with essential and proper equipment for the preparation and serving of food. Storage, refrigeration and freezer facilities shall be adequate for the number of persons to be served. All perishable foods shall be refrigerated at a temperature at or below 45 degrees Fahrenheit. Freezers and frozen food compartments shall be maintained at minus 10 degrees to 0 degrees Fahrenheit. Cooking utensils, dishes and tableware shall be in good condition and proper cleaning facilities for the equipment shall be provided. Dishes shall be stored in a clean, dry place protected from flies, dust or other contamination. Proper food handling techniques and sanitation to minimize the possibility of the spread of food-borne diseases shall be maintained. The extended day treatment program's kitchen, equipment and food handling must comply with all applicable sections of the public health codes and all other state and federal laws.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-15 Eating areas and supervision

Designated areas for serving meals or snacks shall be kept clean and attractive, well lighted, properly screened and ventilated, and shall be large enough to accommodate the children and staff responsible for their supervision. Staff supervision shall be adequate to ensure a safe and comfortable atmosphere for eating.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-16 Housekeeping equipment and supplies

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-17 Recreational facilities

Recreational facilities, supplies and equipment shall be provided for use by the children. Appropriate safety measures, instructions and supervision shall be provided to ensure the safety of children.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-18 Instructions in safety procedures. Supervision

Each child shall be instructed, as appropriate to his own age level, in safety procedures, including fire drills, civil defense and safe use of electrical or power equipment. All use of such equipment shall be under the supervision of a competent adult. If an extended day treatment program has on-ground or access to a waterfront or swimming pools, the following safety procedures must be maintained. All on-ground pools shall be enclosed with safety fences and shall be regularly tested to ensure that the pools are free of contamination. A certified individual shall be on duty when the children are swimming. A certified individual is one who has a current water safety instructor's certificate or senior lifesaving certificate from the Red Cross or its equivalent. The waterfront or pool shall be properly maintained and have proper safety equipment available. Any proposed or existing pool shall meet regulatory and zoning requirements.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-19 Internal and external security

The extended day treatment program shall provide adequate internal and external security to ensure the safety of children and staff.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-20 Office space. Confidential files

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-21 Health and medical treatment. Administration of first aid. Prescription medication. Administration of medicine or treatment. Written records. Storage of drugs, medicines and instruments. Sick room. Telephone

(a) The extended day treatment program shall provide for the health and medical treatment needs of children while attending the program by having a written plan which specifies the arrangements for routine and emergency medical care. The program shall arrange for medical emergency treatment during its hours of operation.

(b) There shall be written policies and procedures, reviewed by a physician at least annually, for the administration of first aid care of children with minor illnesses; injuries or special conditions; and for the administration or use by children of patent medicines.

(c) The program shall only permit prescription medication to be administered to a child upon the written order of the child's physician and written approval of the parent or guardian.

(d) The program shall permit only staff who have been fully instructed in the proper administration, expected and side effects, and contraindications to continued administration of a prescribed medicine or treatment to administer that medicine or treatment pursuant to Section 20-14i of the Connecticut General Statutes. The program shall have a written policy specifying the criteria used for designating staff to administer medication and a written plan for training staff. The program shall maintain a current, written roster of staff designated to administer medication. There shall be periodic reviews and updating of staff's knowledge about medication and other treatments and their administration.

(e) A written record shall be kept of the administration of all prescription and non-prescription medicine to a child, identifying the medicine and dosage, time of administration and the person who administered the medicine.

(f) All drugs, medicines and medical instruments shall be kept in labeled containers out of reach of children in a locked cabinet accessible only to designated staff members. A child may keep and administer prescribed medicines himself only with the written approval of his physician and parent or guardian and the agreement of designated staff that this practice would not be a risk for other children in the program.

(g) The program shall ensure that children, in the event of sickness have an area which is comfortable, safe and allows appropriate privacy until the child can be taken home by his parent or guardian. Any child showing suspicious signs of illness shall be isolated from other children as much and as soon as possible and the parent or guardian called immediately.

(h) Working telephones shall be on-site. All telephones shall have posted emergency medical and poison information numbers, especially in areas where medications are kept and in the gym and cafeteria.

(i) Appropriate first aid supplies shall be available in the extended day treatment program, out of the reach of children.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-26 Record of enrolled children

The extended day treatment program shall keep a record of each enrolled child, including name, address and telephone number of parent/guardian; child's date of birth, enrollment date; attendance record; accidents and major illnesses while in care and date of termination from the program.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-27 Written permission for emergency health care

Written permission for emergency health care of the child must be obtained from the parent/guardian, including the names, addresses and telephone numbers of the child's physician, the hospital-of-choice to be called in case of an emergency and two responsible adults the extended day treatment program staff may contact in case the parent/guardian is not available.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-28 (Repealed)

Repealed August 1, 1994.

Regs., Conn. State Agencies § 17a-147-29 Reporting to the department

The extended day treatment program shall report, in writing, to the department on the next working day any emergency circumstances which alter the service as originally licensed or statement of fact in the application for licensing.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-30 Children's grievance procedure

The extended day treatment program shall have written grievance procedures for children. This policy shall be explained to the child and, if the child is unable to sign his or her name, the parent/guardian must sign the form after the child has been informed. The staff member shall enter a note into the child's case record confirming that this explanation has taken place. Any grievance and its disposition shall be recorded in the child's case record.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-31 Referral process

(a) The program shall consider for admission all referrals regardless of race, sex, religion, disabilities or ethnic origin. The program shall certify that it has notified the appropriate parties of its decision in writing no more than forty-five (45) days from the date of receipt of the application.

(b) In the case of refusal, the extended day treatment program shall document the reason for refusing admission and so inform the referring agency of these reasons and include recommendations for a more appropriate treatment program.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-32 Assessment process

(a) The assessment process shall be documented. This process shall be conducted by a professionally qualified staff member. Testing instruments used in the assessment process shall be reflected in the child's record. The assessment shall specify the needs and strengths of the child in the areas of health care, education, psychological development, social development, family relationships, vocational training, recreation and life skills development.

(b) All methods and procedures used in the assessment process shall consider the child's age, cultural background and dominant language or mode of communication.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-33 Treatment plan

(a) The extended day treatment program shall ensure that there is a written individualized treatment plan for each child within thirty (30) calendar days of the child's entry into the program.

(b) The treatment plan shall specify measurable and time-bounded goals and objectives to be achieved by the child and family in order to establish or re-establish emotional or physical health as well as maximum growth and adaptive capabilities.

(d) The treatment plan shall specify any specialized services or treatment to be provided as well as identify the person responsible for implementing or coordinating the implementation of the treatment plan.

(e) The treatment plan shall delineate the specific criteria to be met for termination of treatment. Such criteria shall be part of the initial treatment plan and all subsequent plans.

(f) The treatment plan shall identify the supports and resources that may be required for discharge.

(g) Preliminary plans for discharge shall be discussed as well as alternative aftercare programs, when appropriate.

(h) The treatment plan shall specify the anticipated discharge date.

(i) The number of contacts shall be specified for the delivery of treatment services.

(j) The extended day treatment program shall ensure that the treatment plan and any subsequent revisions are explained to the child, his parent or guardian and the referring agency, in language understandable to these persons.

(k) The treatment plan shall be signed by the chief administrator of the extended day treatment program or his designee; a representative of the referring agency or person; the child, if he is capable of doing so; and the child's parent or guardian.

(l) In accordance with the treatment plan, each record shall contain notes which document services provided and progress made toward goals and objectives. Each note shall be entered in ink by a qualified staff member or consultant and shall be dated, legibly printed, singed by the person making the entry, and include the person's title.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-34 Treatment plan review

(a) The program shall review each treatment plan initially sixty (60) days after the completion and approval of the initial treatment plan. This review shall document and evaluate the progress or lack thereof toward the established goals and objectives and shall revise the treatment plan accordingly. Thereafter, individual treatment plans shall be documented and reassessed at sixty (60) working day intervals.

(b) The treatment plan shall indicate the date of the next review and identify the individuals who will participate.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-34a Case records

(a) Each extended day treatment program shall maintain a current confidential case record for each child in treatment including family, social and health history. The case record shall contain but not be limited to pre-admission data; the reason for admission; results of all diagnostic assessments performed; a summary of admission information; the individual treatment plan; a record of all care and services, including medical services, provided by the program; progress notes on the child in treatment; reviews of the treatment plan; the plan for discharge and disposition; a discharge summary and all other documents received and required for the treatment of a particular child.

(b) The case record shall contain only information pertaining to a particular child and not identifying information regarding other children in care.

(c) The case record shall include contact summaries where appropriate and copies of special behavior contracts used for a particular child.

(d) The parent or guardian of the child shall be entitled to receive, upon written request, reports and information concerning their child.

History

Effective August 1, 1994

Regs., Conn. State Agencies § 17a-147-35 Discharge and aftercare procedures

The extended day treatment program shall establish criteria for discharge, including administrative and emergency discharges.

History

Effective September 27, 1991

Regs., Conn. State Agencies § 17a-147-36 Discharge summary

(a) When a child is discharged, the extended day treatment program shall compile a complete written discharge summary within thirty (30) days of the date of discharge.

(b) The discharge summary shall include the extended day treatment program's name, address, telephone number, a summary of services provided during treatment, a summary of growth and accomplishments during treatment, the assessed needs which remain to be met and alternate service possibilities which might meet those needs, and recommendations as appropriate for a follow-up plan and identification of who is responsible for follow-up services.

(c) When the discharge date is not in accordance with the child's treatment plan, the following items shall be added to the summary: the circumstances leading to the unplanned discharge; the actions taken by the extended day treatment program to avoid the discharge and the reason for these actions.

(d) All discharge documentation shall be maintained in the child's case record.

History

Effective September 27, 1991

17a-150 Child Placing Agency Licensing and Responsibilities

Regs., Conn. State Agencies § 17a-150-1—17a-150-50 (Repealed)

Repealed February 20, 1997.

Regs., Conn. State Agencies § 17a-150-51 Definitions

As used in sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies, the following definitions apply:

(a) "Adoptable person" has the same meaning as defined in section 45a-743 of the Connecticut General Statutes.

(b) "Adopted person" has the same meaning as defined in section 45a-743 of the Connecticut General Statutes.

(c) "Approved" means to be granted permission by a child placing agency, licensed by the department, to be a foster family or prospective adoptive family.

(d) "Bedroom" means a room used by a foster or prospective adoptive child for sleeping.

(e) "Child" means a person under eighteen years of age not related to the foster family or prospective adoptive family.

(f) "Child-placing agency" means an agency, association, corporation, institution, society, or other public or private organization licensed by the department to approve foster or prospective adoptive families and to place a child into an approved foster or prospective adoptive family.

(g) "Child Placing Program" means activities conducted by child placing agencies including, but not necessarily limited to the recruitment, training, evaluation and monitoring of foster families and prospective adoptive families.

(h) "Commissioner" means the Commissioner of the Department of Children and Families.

(i) "Department" means the Department of Children and Families.

(j) "Emergency" means any situation in which an immediate threat to the health or welfare of a child or children exists or is suspected.

(k) "Foster family" or "Foster family" or "Foster home" or "Foster parents" means a person or persons licensed by the Department of Children and Families or approved by a licensed child placing agency, for the care of a child or children in a private home.

(l) "Knowingly" means should reasonably have known or did not take adequate measures to discover.

(m) "Licensed" means to be granted permission by the department.

(n) "Member of the household" means a person who lives in or has regular access to a foster or prospective adoptive home including, but not limited to boarders, roomers, relatives and friends.

(o) "Prospective adoptive family" or "Prospective adoptive family" or "Prospective adoptive home" or "Prospective adoptive parents" means a person or persons, licensed by the Department of Children and Families or approved by a licensed child placing agency, who is awaiting the placement of, or who has a child or children placed in their home for purposes of adoption.

(p) "Related" means kinship by blood, marriage or adoption, descended from a common ancestor not more than three generations removed from said child.

(q) "Summary suspension" means the immediate termination of the right to provide care as a foster or prospective adoptive family as granted in a department issued license, pending proceedings for revocation or other licensure action.

(r) "Trigger guard lock" means a lock which prevents the discharge of a firearm unless unlocked by a key or combination.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-52 Governing board

The child placing agency shall be incorporated and have a governing board. Such board shall be legally constituted and shall manage its affairs in accordance with applicable provisions of law, its certificate of incorporation, and its duly adopted bylaws. The board shall meet not less than once each quarter and keep detailed records of each meeting which shall be made a part of the permanent record of the child placing agency. Minutes of the board meeting shall be provided to the department upon request.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-53 Governing board review requirements

(a) Staff training plans and the training and education plans for its approved foster families and prospective adoptive families shall be reviewed by the governing board of the child placing agency not less than once every two (2) years. Such review shall ensure currency and consistency with good practice. The child placing agency shall document the implementation of such training and education plans in a manner prescribed by the department.

(b) The policies of the child placing agency covering its plans, program, and services shall be clearly stated in writing and reviewed not less than once each year by the governing board. Any revisions to policy shall be reviewed by the governing board as soon as practicable. Evidence of review by the governing board shall be submitted to the department, upon request, in a manner prescribed by the department.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-54 Policies and procedures

The policies of the child placing agency covering its plans, program, and services shall be clearly stated in writing and kept current. Copies of the child placing agency's policies and any revisions to the plan shall be made immediately available to all staff. A copy of the child placing agency's complete policies as well as any revisions shall be provided to the department upon request.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-55 Non-profit and tax-exempt status required

As required by section 17a-150 of the Connecticut General Statutes a child placing agency shall be a nonprofit organization qualified as a tax-exempt organization under Section 501(c) (3) of the Internal Revenue Code of 1986, or any subsequent corresponding Internal Revenue Code of the United States, as from time to time amended.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-56 Minimum staff

Any child placing agency applying for an initial license on or after March 9, 1984 shall have a minimum of two staff persons in the child placing program, who shall devote to the program a portion of their time sufficient to ensure the achievement of the program's objectives and the welfare of children considered for placement, taking into consideration the volume of placements.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-57 Staff supervision

(a) Each child placing agency shall provide supervisory staff capable of ensuring:

(1) The health and safety of each child;

(2) the security and well being of each child; and

(3) the support of each foster family or prospective adoptive family.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-58 Staff education and experience requirements

(a) The person responsible for the child placing program, whether the chief administrative officer, or designee, shall be employed full time by the child placing agency.

(b) The minimum degree of training and experience for the person responsible for the child placing program shall be:

(1) A master's degree in social work or other related area of study, and at least five (5) years experience in a social services agency in a supervisory or administrative capacity, three (3) years of which shall have been in child placement; or

(2) a master's degree in social work or other related area of study, and at least six (6) years of direct service and administrative experience in child placement; or

(3) a bachelor's degree in social work or other related area of study and at least six (6) years of direct service and administrative experience in child placement.

(c) The minimum degree of training and experience for staff supervising social workers shall be a master's or bachelor's degree in social work or a related area of study and three (3) years experience in child placement;

(d) The minimum degree of training and experience for social workers performing intake services, direct services to children, homefinding and assessment studies shall be a bachelors degree in social work or a related area of study.

(e) The minimum degree of training and experience for case aides shall be the completion of at least two (2) years of college or demonstration of a compensatory amount of life experience pertinent to the children in the program.

(f) Consultants including, but not limited to psychiatrists, psychologists, physicians, nurses, dentists and attorneys shall be licensed or certified as required under law.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-59 Training of staff and families

Any applicant for a child placing agency license or any licensed child placing agency shall have a department accepted plan for the training and education of its staff and approved foster families and prospective adoptive families.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-60 Copies of employee and volunteer policies

Personnel policies regarding child placing agency employment, personnel practices and volunteers shall be in writing and a copy given to each employee and volunteer. A record containing personnel and health information shall be maintained for each employee.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-61 Exploitation of children

Children in the care of a child placing agency shall not be:

(1) Required or permitted to solicit funds for the child placing agency;

(2) identified by name, in photographs, or in any other manner in its fund-raising material and activities or in public relations; or

(3) exploited by the child placing agency or any of its staff for their own advantage or purposes.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-62 Types of licenses to be issued

Each person or entity applying for a child placing agency license shall do so on forms prescribed by the department. A child placing agency license shall be in force for a period of twenty-four (24) months from the date of issue, and shall be renewed for the ensuing twenty-four (24) months if such person or entity continues to be in compliance with statutory and regulatory requirements of such licensing.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-63 Agency license not transferable or assignable

A child placing agency license shall be issued only to the entity for which the application is made and for the address shown on the application. The child placing agency license is not transferable or assignable.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-64 Display of agency license

Each child placing agency shall prominently display the child placing agency license on its premises, and make the child placing agency license available upon request.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-65 Department access to agency premises

Each child placing agency shall grant the commissioner or his designee access to its premises and documents at any reasonable time for the purpose of inspection, review of any records or other documentation, interviews with staff, and supervision as may be necessary to ensure the quality and delivery of services, as well as conformance with sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies. In emergency circumstances or at any time an investigation of allegations of regulatory violations is required, unrestricted access shall be granted.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-66 Agency compliance with requirements for licensing

Except as provided in 17a-150-73 of the Regulations of Connecticut State Agencies the department shall be available to provide technical consultation with the applicant or licensee to assist them to achieve compliance with sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-67 License application

(a) The application for an initial license or a license renewal shall state:

(1) The location of the principal place of business;

(2) the name of the entity to be licensed;

(3) the purpose of the entity; and

(4) the part of the entity which will be responsible for carrying out the responsibilities of a child placing agency.

(b) The application shall include the name, title, degree of professional training, or demonstrated equivalent experience either by child placing agency training, on-the-job training, or life experience background of each staff member to be engaged in carrying out the stated purpose of the program.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-68 Description of program

The child placing program description provided to clients shall include a detailed explanation of the services offered and the fees charged.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-69 Finances

(a) The child placing agency shall have sufficient income and resources to enable it to provide proper care for children and operate the program. A budget shall be prepared which demonstrates the applicant's ability to carry out the stated purpose of the program.

(b) If fees are charged, a fee schedule shall be submitted to the department with the application for licensing or re-licensing. The fee schedule shall include a description of how the fees are applied.

(c) The applicant shall identify the sources of income, including fees, and demonstrate the ability to operate the program as a going concern.

(d) Financial records showing the amount and source of all income and expenses and of all assets and liabilities of the child placing agency and the sponsoring child placing agency shall be maintained through the use of a general ledger and subsidiary ledgers posted not less than once each quarter.

(e) The applicant is required to disclose all related party transactions. Related party transactions include but are not limited to the ownership of, or interest in any other entity with which the child placing agency does business by any child placing agency director, employee or volunteer.

(f) There shall be an annual audit of all capital resources, assets, liabilities, receipts and expenditures by a qualified public accountant not affiliated with the child placing agency. The department may accept a financial statement in lieu of an annual audit for a child placing agency which has been licensed for a total of less than two (2) years. A copy of each such annual audit or financial statement shall be submitted to the department annually, or upon request and be a part of the child placing agency's record.

(g) The department shall have access to all financial records as may be necessary to ensure the quality and delivery of services, as well as conformance with sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-70 Program monitoring

(a) The applicant for a child placing agency license shall submit a written quality assurance-plan which shall describe how the applicant intends to monitor the quality of its services, the extent to which it complies with its stated purpose, program objectives, and all Department of Children and Families requirements.

(b) Each child placing agency shall submit a written quality assurance-plan, not less than once a year, which shall describe how the child placing agency intends to monitor the quality of its services, the extent to which it complies with its stated purpose, program objectives, and all Department of Children and Families requirements. Documentation of the implementation of the quality assurance-plan, with findings and an improvement plan, shall be submitted to the department, not less than once every two years. Any revision of the quality assurance-plan shall be made immediately available to child placing agency staff and the department.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-71 License denial, revocation, suspension or renewal refusal

(a) A child placing agency license shall be denied or its renewal refused for any of the following causes whenever, in the judgment of the department, the child placing agency:

(1) Fails to comply with sections 17a-150-1 through 17a-150-49, inclusive of the regulation of Connecticut State Agencies;

(2) fails to comply with applicable federal, state and local laws, ordinances, rules, and regulations;

(3) violates any of the provisions or conditions under which the child placing agency license was issued;

(4) furnishes or makes any false or misleading statements in order to obtain or retain a child placing agency license;

(5) refuses or fails to submit reports when requested by the department; or

(6) fails or refuses to admit the department to its premises at any reasonable time for the purpose of inspection, review, and supervision;

(b) The granting of a child placing agency license shall be denied if the child placing agency knowingly employs or uses as a volunteer anyone who:

(1) Has been convicted of injury or risk of injury to a child or other similar offenses against a child;

(2) has been convicted of impairing the morals of a child or other similar offenses against a child;

(3) has been convicted of violent crime against a person or other similar offenses;

(4) has been convicted of the possession, use, or sale of controlled substances;

(5) has been convicted of illegal use of a firearm or other similar offenses;

(6) has ever had an allegation of child abuse or neglect substantiated; or

(7) has had a child removed from their care because of child abuse or neglect.

(c) The renewal of a child placing agency license may be denied if the child placing agency knowingly employs or uses as a volunteer anyone who:

(1) Has been convicted of injury or risk of injury to a child or other similar offenses against a child;

(2) has been convicted of impairing the morals of a child or other similar offenses against a child;

(3) has been convicted of violent crime against a person or other similar offenses;

(4) has been convicted of the possession, use, or sale of controlled substances;

(5) has been convicted of illegal use of a firearm or other similar offenses;

(6) has ever had an allegation of child abuse or neglect substantiated; or

(7) has had a child removed from their care because of child abuse or neglect.

(d) The granting or renewal of a child placing agency license may be denied if the child placing agency knowingly employs or uses as a volunteer anyone who:

(1) Is awaiting trial, or is on trial, for charges as described in subdivisions (1) through (5) of subsection (a) of this section; or

(2) has a criminal record that the department or child placing agency believes makes the home unsuitable;

(e) The granting or renewal of a child placing agency license may be denied if the child placing agency knowingly employs or uses as a volunteer anyone who has a current child abuse or neglect allegation pending and the child placing agency fails to have a plan approved by the Department of Children and Families which provides for the protection of children pending the outcome of the investigation.

(f) No child placing agency license shall be renewed if the holder of such child placing agency license knowingly arranges for the placement of a child with, or arranges for the substitute care of a child by, a person described in subdivisions (1) through (4), inclusive, of subsection (b) of this section, or subdivisions (1) and (2) of subsection (d) of this section.

(g) The chief administrative officer of a child placing agency shall immediately notify the department upon obtaining knowledge that any employee or volunteer acquires any descriptors in subdivisions (1) through (7), inclusive, of subsection (b) of this section, or subdivisions (1) and (2) of subsection (d) of this section.

(h) A child placing agency license shall be denied, revoked, suspended or its renewal refused pursuant to the provisions of sections 46a-79 through 46a-81, inclusive, of the Connecticut General Statutes relating to the employment of criminal offenders.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-72 Hearing on revocation, or suspension or refusal to renew a license

Any child placing agency may, within fifteen (15) days after receipt by mail of notice of a revocation, suspension or refusal to renew a child placing agency license, request an administrative hearing thereon in accordance with the Uniform Administrative Procedure Act, Chapter 54, Connecticut General Statutes. Any revocation, limitation, suspension or refusal to renew a child placing agency license shall be stayed until such hearing is held. If a request for a hearing during this time period is not received, the department's decision shall be final.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-73 Suspension of a license

If the department finds that public health, safety, or welfare requires emergency action and incorporates a finding to that effect in its order, suspension of a license may be ordered pending proceedings for revocation or other licensure action. These proceedings shall be promptly instituted and determined.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-74 Notification of closure or termination of services

(a) Each child placing agency shall inform the commissioner whenever and for whatever reason the chief administrative officer or the governing board believes the child placing agency may close or may terminate the provision of child placing agency services. Such notification shall be made not less than thirty (30) business days before such anticipated closure or termination.

(b) Notification of anticipated closure or termination shall include:

(1) Evidence of proper notification to clientele;

(2) return of the child placing agency license within five (5)business days, by mail, of closure or termination

(3) a plan for stewardship of all records by another child placing agency;

(4) evidence of proper notification to any creditors, utilities, and other state and local agencies as necessary; and

(5) an audit of, or a plan to audit, all records, including identification and status of the record, and a brief statement of the status of each open case;

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-75 Waiver provision for a child placing agency

A child placing agency shall comply with all relevant regulations unless a waiver for specific requirements of such regulations has been granted by the commissioner or his designee. A waiver agreement shall only be issued if the child placing agency is in substantial compliance with the intent of the relevant regulations being exempted or that the intent of the specific requirement to be exempted will be satisfactorily achieved in a manner other than that prescribed by the requirement. A waiver shall specify the particular requirements to be exempted, the duration of the exemption and the terms under which the exemption is granted. If child placing agency fails to comply with the waiver in any way the agreement shall be subject to immediate cancellation.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-76 Recruitment

The child placing agency shall provide for the diligent recruitment of potential foster families and prospective adoptive families. Such recruitment shall reflect, to the extent possible, the ethnic and racial diversity of children in the state for whom foster and adoptive families are needed.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-77 Causes for, denying, revoking or refusing to renew an approval

(a) An approval may be denied, revoked, or its renewal refused for any of the following causes whenever a foster or prospective adoptive family:

(1) Fails to comply with applicable statutes and regulations regarding child care and child placement;

(2) fails to comply with applicable state and local laws, ordinances, rules and regulations relating to building, health, fire protection, safety, sanitation and zoning;

(3) violates any of the provisions under which the approval has been granted;

(4) furnishes or makes any false or misleading statements to the child placing agency in order to obtain or retain an approval;

(5) refuses or fails to submit reports or make records available when requested by the commissioner, designee or child placing agency; or

(b) Each child placing agency shall make a decision regarding the approval or denial of any application to become a foster family or prospective adoptive family based on the Regulations of Connecticut State Agencies, sections 17a-150-51 through 17a-150-123.

(c) The child placing agency shall make the results of its decision available in written form for the record, documenting compliance, or failure to comply, with pertinent regulations and child placing agency policies.

(d) The child placing agency shall notify, by mail, each person applying to become a foster family or prospective adoptive family of the agency's decision. In the case of denial, the agency shall state the specific reasons for the denial citing pertinent regulations and child placing agency policies.

(e) There shall be a biennial evaluation for each foster family or prospective adoptive family. The evaluation shall contain updates of data and information on the family to determine continued compliance with approval requirements.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-78 Disposition of approval documentation

Whenever any changes to the specifications set forth on an approval documentation are made, a new assessment of the approved foster or prospective adoptive family may be conducted by the child placing agency. A new approval documentation shall be granted if the approved foster or prospective adoptive family is found to be in continued compliance. In the event that an approval is revoked, the foster or prospective adoptive family shall return the revoked documentation of approval to the child placing agency.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-79 Approval of staff as providers restricted

(a) A child placing agency using its own staff as a foster family shall ensure that the responsibility for care and for case management are assigned to separate, unrelated staff.

(b) A child placing agency shall ensure that its staff is not granted preferential treatment in the placement of a prospective adoptive child into the prospective adoptive home of its own staff.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-80 Supervision of homes approved by a child placing agency

(a) Any person or entity applying for a child placing agency license shall agree to assume full responsibility for, and to demonstrate the ability to inspect, review, and supervise the foster family or prospective adoptive family in which a child is placed, or is to be placed by such child placing agency.

(b) Each child placing agency shall be responsible for the placement of a child in another foster family or prospective adoptive family if the existing placement is terminated.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-81 Reports of violations of regulations

(a) If a child placing agency receives information that a foster family or prospective adoptive family it has approved may be in violation of sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies, the chief administrative officer shall ensure that:

(1) An immediate inquiry is conducted to determine whether a violation of sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies has occurred;

(2) a written report of the inquiry is completed;

(3) a timely decision be made on what action, if any, including revocation of an approval, is required in light of the findings of the inquiry; and

(4) a copy of the written report of the inquiry and the decision be included in the a foster family or prospective adoptive family's permanent file.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-82 Reports of abuse or neglect

All cases of suspected abuse or neglect shall be reported to the department in accordance with Section 17a-101 et seq, of the Connecticut General Statutes.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-83 Case records

Each child placing agency shall maintain a current confidential case record for each child, including: Family, social, and health history; reason for acceptance for service; services to be provided to the child; the plan for the child's treatment, if applicable; a summary of services and treatment provided to the child; and the plan for discharge and final disposition. Records shall be maintained in a manner which provides for the separation of information on the biological family, prospective adoptive family, and child so as to preserve the integrity and confidentiality of the records. Records should be clearly labeled and cross referenced as to related files for birth, adoptive family and child to provide continuity of information while preserving confidentiality.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-84 Maintenance of confidential records

All confidential case records shall be kept secure and maintained in locked files on the premises of the child placing agency. Confidential case records shall not be available to anyone other than authorized persons. Confidential case records shall not be removed from the premises of the child placing agency except at the authorization of the chief administrative officer.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-85 Transfer of case records

All confidential case records, as required under section 17a-150-83 of the Regulations of Connecticut State Agencies, shall become the property of the State of Connecticut upon the closing of a child placing agency, unless the child placing agency has provided for the maintenance of such records by another child placing agency.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-86 Facilities

The facilities of the child placing agency shall include a waiting room and at least one (1) separate office or interviewing room which will provide privacy.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-87 Discharge of children

Discharge of a child from child placing agency care shall be to the person, persons, or child placing agency having legal guardianship of the child. Discharge may be to another child placing agency or person only upon written authorization of such legal guardian.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-88 Evaluation before placement

(a) Before placing a child in a foster family or prospective adoptive family, the child placing agency shall secure and evaluate information necessary to determine if a foster or adoptive placement is in the child's best interest.

(b) All possible alternatives to placement shall be explored with parents considering or planning to release their child for adoption or place their child in foster care.

(c) If it is known that the child or the child's family has received social services from an individual or child placing agency or a state agency, such individual or child placing agency or state agency shall be consulted, if possible, prior to the child's placement.

(d) All factors relevant to the child's adjustment in the home and in the community for the present and the long term shall be considered.

(e) With the consent of the guardian, foster care may be provided when a child requests it due to an immediate need for shelter away from home.

(f) All relevant information concerning the child's developmental, medical, social, emotional and environmental history, which may be legally disclosed, shall be shared by the child placing agency with the foster family or prospective adoptive family prior to the placement of the child in the home.

History

Effective February 20, 1997; Amended May 30, 2002

Regs., Conn. State Agencies § 17a-150-89 Consent for placements

Placement shall only be made with the consent of the guardian. Such consent may be verbal but shall be followed, as soon as is reasonably possible, by written consent on a form prescribed or authorized by the department.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-90 Assessment of foster or prospective adoptive parents and members of the household

Each child placing agency shall conduct an assessment of any applicant for a foster family or prospective adoptive family approval or for the renewal of such approval. Such assessment shall include the applicant as well as all members of the applicant's household. The assessment shall determine the ability of the applicant to comply with the requirements of sections 17a-150-51 through 17a-150-123, inclusive, of the Regulations of Connecticut State Agencies. Such assessment shall include but not necessarily be limited to the physical condition of the home, the health of the applicant and other members of the household, and the ability of the applicant to provide an environment that will advance the physical, mental, emotional educational and societal development of each foster or adoptive child who may be placed in such home. In the case of a foster family the assessment shall also determine the ability of the foster family or applicant to work with the child placing agency or department to pursue the child's treatment plan including reunification with the biological family.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-91 Granting of approval is not transferable or assignable

(a) Foster families or prospective adoptive families approved through a child placing agency shall be granted such approval by a licensed child placing agency only to the foster family or prospective adoptive family for which application is made and only for the address shown on the application and shall not be transferable or assignable.

(b) Whenever there are changes to any member of the household or dwelling structure, the child placing agency may require a new assessment of the foster or prospective adoptive family. Such assessment shall result in the issuance of a new approval or the initiation of action to revoke such approval.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-92 Access to documentation of approval

Foster families or prospective adoptive families approved through a child placing agency shall keep a letter or other form of documentation from such agency proving they are approved and shall make such letter or documentation available to the child placing agency, commissioner or his designee upon request.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-93 Access of commissioner or child placing agency to premises

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-94 Interstate placement of children

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-95 Physical requirements of foster and prospective adoptive homes

(a) Dwelling and furnishings shall be clean and comfortable and in good repair.

(b) State and local fire codes shall be observed by all foster families and prospective adoptive families. A determination of reasonable fire safety shall be established by the department or child placing agency for all foster families or prospective adoptive families. In the event of a disagreement between the department or child placing agency and a foster family or prospective adoptive family regarding fire safety issues, the final determination shall be vested in the local fire marshal.

(c) The home and grounds shall be reasonably free from anything that constitutes a hazard to children including but not limited to:

(1) Any peeling paint inside or outside of the house which is accessible to the children shall be determined to be non-toxic in compliance with requirements of the department of public health;

(2) equipment used by the children shall not be painted or covered by any material which is poisonous;

(3) all swimming pools shall comply with state and local regulations; and

(4) medicines and toxic and flammable materials shall be kept out of the reach of children.

(d) There shall be sufficient indoor and outdoor space, ventilation, toilet facilities, light and heat to ensure the health and comfort of all members of the household.

(e) All heating systems shall comply with the state and local building and fire codes.

(f) Adequate sewage and garbage facilities shall be maintained.

(g) All power driven machines or other hazardous equipment shall be properly safeguarded and their use by any foster or adoptive child properly supervised by an adult.

(h) Emergency evacuation plans shall be established.

(i) If a furnace is on the same floor as a living space it shall be enclosed.

(j) All foster and prospective adoptive homes shall have smoke detectors in operating condition so as to protect sleep areas, play areas and the basement.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-96 Telephone

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-97 Children’s bedroom, clothing and privacy

(a) (1) Each bedroom shall be enclosed on all sides, with a window and a door that leads into a hallway or other common living area.

(2) Each bedroom shall have at least two approved means of exit capable of providing for escape in the event of fire or disaster.

(3) Bedrooms for children shall be used for sleeping purposes and customary childrens’ activities only. The child’s bedroom shall not be used for general purposes of other members of the family.

(4) Children under the age of three placed in foster families and prospective adoptive families shall sleep on the same floor and in close proximity to foster or prospective adoptive parents or a responsible adult.

(5) A separate bed shall be provided for each child except that siblings of the same sex may sleep together in a double sized or larger bed with the approval of the chief administrative officer of the child placing agency or the commissioner.

(6) No child three years of age or older shall be permitted to share a bedroom with another child of the opposite sex or a same sex child of disparate age without the permission of the chief administrative officer of the child placing agency or the commissioner. No child over the age of one shall share a room with an adult without the permission of the chief administrative officer of the child placing agency or the commissioner.

(7) No more than four (4) children including the foster or prospective adoptive parents own children shall sleep in the same room without the permission of the chief administrative officer of the child placing agency or the commissioner.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-98 Food and water

(a) All food for human consumption, food storage and preparation, personal cleanliness and general care of the home shall meet generally accepted health standards.

(b) No non-pasteurized milk products shall be provided by, or with the approval or knowledge of, a foster family or prospective adoptive family to any child in care.

(c) The water supply shall be safe and adequate to meet the needs of the household. If the home is not served by a public water supply, the water shall be analyzed and approved by the state or local department of health or by a private water testing laboratory approved by the Department of Public Health at the time of initial licensure or approval and at any subsequent time the department or child placing agency deems such testing necessary.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-99 Firearms and weapons

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-100 Animals

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-101 Health standards for foster or prospective adoptive parents and members of the household

(2) the parents have been determined to be physically and mentally able to provide care to children.

(b) Once approved, foster or prospective adoptive parents shall notify the child placing agency whenever they or a member of the household develop a physical or mental infirmity which may interfere with their ability to care for and meet the needs of the child.

(c) The child placing agency may require a physical, mental or psychological examination of any member of the foster or prospective adoptive household if such person exhibits characteristics or behaviors which indicate or could indicate that they are unable to provide for the care of the child. Such examination shall be done at the expense of the child placing agency if such person is uninsured or such persons insurance does not cover such examination.

(d) No applicant shall be approved as a foster family or prospective adoptive family if the applicant has suffered the death of a biological, adoptable or adopted child within one (1) year of the application.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-102 Character standards for foster or prospective adoptive parents and members of the household

Foster and prospective adoptive parents and others members of the household shall be of good character, habits and reputation.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-103 Change in approved foster and prospective adoptive family conditions

Approved foster and prospective adoptive parents shall notify child placing agency, in writing, prior to or not later than one (1) business day following any change in circumstance or member of the household which alters the statement of fact made in the application for licensure or approval or which effect the ability of the foster or prospective adoptive parent to provide on-going care of the child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-104 Reporting of the injury, illness, death, fire or absence of a child from placement

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-105 Financial condition of the foster or prospective adoptive parent

Foster and prospective adoptive parents shall have an income sufficient to meet the needs of their family. Money received on behalf of the child shall be expended for the care of the child.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-106 Substitute child care

When all adults in a foster home are employed or otherwise occupied in substantial amount of time away from the foster home or prospective adoptive home, the plans for care and supervision of the child shall be provided by a competent individual and approved in advance by the chief administrative officer of the child placing agency or the commissioner.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-107 Cooperation with the child's treatment plan

(a) Foster parents shall comply with the treatment plan for the child and work cooperatively with the department or child placing agency in all matters pertaining to the child's welfare.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-108 Limitation on the number of licenses or approvals allowed

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-109 General requirements of foster and prospective adoptive parents

(a) Foster and prospective adoptive parents shall be physically, intellectually and emotionally capable of providing care, guidance and supervision of the child including:

(1) Insuring routine medical care, scheduling and transportation;

(4) maintaining all documentation as required by the department;

(6) promoting the social, intellectual, emotional, and physical development of each child by providing activities that meet these needs or special needs if such exist;

(7) assuring adequate opportunity for cultural, and educational activities in the family and in the community. Children who do not share the same language as their caretaker shall be provided with opportunities to practice their native language as they become bilingual or multi-lingual;

(9) providing emotional support and an environment that meets the child's ethnic and cultural needs;

(11) guiding the child in the acquisition of daily living skills including the assigning of daily chores to the child on the basis of the child's abilities and developmental level; and

(d) When unusual circumstances require continued or frequent use of physical or mechanical restraints prior written approval shall be obtained from the commissioner or his designee.

(e) Licensed or approved foster and prospective adoptive parents shall complete all assessment and training requirements as prescribed by the department or child placing agency.

History

Effective February 20, 1997

Regs., Conn. State Agencies § 17a-150-110 Foster family or prospective adoptive family criminal history; pending criminal actions; history of child abuse or neglect