Subsec. (c):
Does not require commissioner to remove a child upon finding of probable cause, but merely authorizes commissioner
to seek removal under such circumstances. 272 C. 734. Is directory and not mandatory and does not require commissioner
to invoke ninety-six-hour hold, but grants commissioner discretion to choose the most appropriate remedy in any given
case. Even if commissioner determines that probable cause exists and removal is necessary, the authorized employee or
law enforcement officer is not statutorily required to remove child. Id.
Sec. 17a-101i. Abuse of child by school employee or staff member of public or
private institution or facility providing care for children. Suspension. Notification
of state's attorney re conviction. Boards of education to adopt written policy re
reporting of child abuse by school employee. (a) Notwithstanding any provision of
the general statutes, after an investigation has been completed and the Commissioner
of Children and Families, based upon the results of the investigation, has reasonable
cause to believe that a child has been abused by a school employee who holds a certificate, permit or authorization issued by the State Board of Education, and the commissioner has recommended that such employee be placed on the child abuse and neglect
registry established pursuant to section 17a-101k, the commissioner shall, not later than
five working days after such finding, notify the employing superintendent of such finding and shall provide records, whether or not created by the department, concerning
such investigation to the superintendent who shall suspend such school employee. The
commissioner shall provide such notice whether or not the child was a student in the
employing school or school district. Such suspension shall be with pay and shall not
result in the diminution or termination of benefits to such employee. Within seventy-two hours after such suspension the superintendent shall notify the local or regional
board of education and the Commissioner of Education, or the commissioner's representative, of the reasons for and conditions of the suspension. The superintendent shall
disclose such records to the Commissioner of Education and the local or regional board
of education or its attorney for purposes of review of employment status or the status
of such employee's certificate, permit or authorization. The suspension of a school
employee employed in a position requiring a certificate shall remain in effect until the
board of education acts pursuant to the provisions of section 10-151. If the contract of
employment of such certified school employee is terminated, the superintendent shall
notify the Commissioner of Education, or the commissioner's representative, within
seventy-two hours after such termination. Upon receipt of such notice from the superintendent, the Commissioner of Education may commence certification revocation proceedings pursuant to the provisions of subsection (m) of section 10-145b. Notwithstanding the provisions of sections 1-210 and 1-211, information received by the
Commissioner of Education, or the commissioner's representative, pursuant to this section shall be confidential subject to regulations adopted by the State Board of Education
under section 10-145g.
(b) After an investigation has been completed and the Commissioner of Children
and Families, based upon the results of the investigation, has reasonable cause to believe
that a child has been abused by a staff member of a public or private institution or facility
providing care for children or private school, the commissioner shall notify the executive
director of such institution, school or facility and shall provide records, whether or not
created by the department concerning such investigation to such executive director.
Such institution, school or facility may suspend such staff person. Such suspension shall
be with pay and shall not result in diminution or termination of benefits to such employee.
Such suspension shall remain in effect until the incident of abuse has been satisfactorily
resolved by the employer of the staff person. If such staff member has a professional
license or certificate issued by the state or a permit or authorization issued by the State
Board of Education, the commissioner shall forthwith notify the state agency responsible
for issuing such license, certificate, permit or authorization to the staff member and
provide records, whether or not created by the department, concerning such investigation.
(c) If a school employee or any person holding a certificate, permit or authorization
issued by the State Board of Education under the provisions of sections 10-144o to 10-149, inclusive, is convicted of a crime involving an act of child abuse or neglect as
described in section 46b-120 or a violation of section 53-21, 53a-71 or 53a-73a, the
state's attorney for the judicial district in which the conviction occurred shall in writing
notify the superintendent of the school district or the supervisory agent of the nonpublic
school in which the person is employed and the Commissioner of Education of such
conviction.
(d) For the purposes of receiving and making reports, notifying and receiving notification, or investigating, pursuant to the provisions of sections 17a-101a to 17a-101h,
inclusive, and 17a-103, a superintendent of a school district or a supervisory agent of
a nonpublic school may assign a designee to act on such superintendent's or agent's
behalf.
(e) On or before February 1, 1997, each local and regional board of education shall
adopt a written policy regarding the reporting by school employees of suspected child
abuse in accordance with sections 17a-101a to 17a-101d, inclusive, and 17a-103.
(P.A. 96-245, S. 11; P.A. 97-319, S. 14, 22; P.A. 00-220, S. 30, 43; P.A. 01-142, S. 5; 01-173, S. 43, 44, 67; P.A. 03-168, S. 7; P.A. 05-246, S. 17; 05-257, S. 2.)
History: P.A. 97-319 amended Subsecs. (a) and (b) by adding provisions re notification by the commissioner to the
superintendent or executive director of finding of abuse by employee and by adding provisions re disclosure of records,
effective July 1, 1997; P.A. 00-220 amended Subsecs. (a) and (c) to expand the applicability of section to include school
employees who hold permits or authorizations, made conforming and technical changes in Subsec. (a) and added reference
re violation of Sec. 53-21 in Subsec. (c), effective July 1, 2000; P.A. 01-142 amended Subsec. (b) by adding provision re
notification by commissioner of state agency issuing professional license to any staff member of investigation of such staff
member re abuse of child; P.A. 01-173 amended Subsecs. (a) and (d) to make technical changes for purposes of gender
neutrality, effective July 1, 2001; P.A. 03-168 amended Subsec. (b) to expand references to certification to include permits
and authorizations issued by the State Board of Education, effective July 1, 2003; P.A. 05-246 added provision re commissioner's recommending that school employee be placed on child abuse and neglect registry in Subsec. (a), effective January
1, 2006; P.A. 05-257 amended Subsec. (a) by making a technical change, by limiting time for notification to not later than
five working days after finding and by requiring commissioner to provide notice regardless of whether child was a student
in employing school or district, effective January 1, 2006.
Sec. 17a-101k. Registry of findings of abuse or neglect of children maintained
by Commissioner of Children and Families. Notice of finding of abuse or neglect of
child. Appeal of finding. Hearing procedure. Appeal after hearing. Confidentiality.
Regulations. (a) The Commissioner of Children and Families shall maintain a registry
of the commissioner's findings of abuse or neglect of children pursuant to section 17a-101g that conforms to the requirements of this section. The regulations adopted pursuant
to subsection (i) of this section shall provide for the use of the registry on a twenty-four-hour daily basis to prevent or discover abuse of children and the establishment of a
hearing process for any appeal by a person of the commissioner's determination that
such person is responsible for the abuse or neglect of a child pursuant to subsection (b)
of section 17a-101g. The information contained in the registry and any other information
relative to child abuse, wherever located, shall be confidential, subject to such statutes
and regulations governing their use and access as shall conform to the requirements of
federal law or regulations. Any violation of this section or the regulations adopted by
the commissioner under this section shall be punishable by a fine of not more than one
thousand dollars or imprisonment for not more than one year.
(b) Upon the issuance of a recommended finding that an individual is responsible
for abuse or neglect of a child pursuant to subsection (b) of section 17a-101g, the commissioner shall provide notice of the finding, by first class mail, not later than five
business days after the issuance of such finding, to the individual who is alleged to be
responsible for the abuse or neglect. The notice shall:
(1) Contain a short and plain description of the finding that the individual is responsible for the abuse or neglect of a child;
(2) Inform the individual of the existence of the registry and of the commissioner's
intention to place the individual's name on the registry unless such individual exercises
his or her right to appeal the recommended finding as provided in this section;
(3) Inform the individual of the potential adverse consequences of being listed 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 inform the individual of the individual's right to administrative procedures as provided in this section to appeal the finding; and
(4) Include a written form for the individual to sign and return, indicating if the
individual will invoke the appeal procedures provided in this section.
(c) (1) Following a request for appeal, the commissioner or the commissioner's
designee shall conduct an internal review of the recommended finding to be completed
no later than thirty days after the request for appeal is received by the department. The
commissioner or the commissioner's designee shall review all relevant information
relating to the recommended finding, to determine whether the recommended finding
is factually or legally deficient and ought to be reversed. Prior to the review, the commissioner shall provide the individual access to all relevant documents in the possession
of the commissioner regarding the finding of responsibility for abuse or neglect of a
child, as provided in subsection (m) of section 17a-28.
(2) The individual or the individual's representative may submit any documentation
that is relevant to a determination of the issue and may, at the discretion of the commissioner or the commissioner's designee, participate in a telephone conference or face-to-face meeting to be conducted for the purpose of gathering additional information that
may be relevant to determining whether the recommended finding is factually or legally
deficient.
(3) If the commissioner or the commissioner's designee, as a result of the prehearing
review, determines that the recommended finding of abuse or neglect is factually or
legally deficient, the commissioner or the commissioner's designee shall so indicate,
in writing, and shall reverse the recommended finding. The commissioner shall send
notice to the individual by certified mail of the commissioner's decision to reverse or
maintain the finding not later than five business days after the decision is made. If the
finding is upheld, the notice shall be made in accordance with section 4-177 and shall
notify the individual of the right to request a hearing. The individual may request a
hearing not later than thirty days after receipt of the notice. The hearing shall be scheduled not later than thirty days after receipt by the commissioner of the request for a
hearing, except for good cause shown by either party.
(d) (1) The hearing procedure shall be conducted in accordance with the procedures
for contested cases pursuant to sections 4-177 to 4-181a, inclusive.
(2) At the hearing, the individual may be represented by legal counsel. The burden
of proof shall be on the commissioner to prove that the finding is supported by a fair
preponderance of the evidence submitted at the hearing.
(3) Not later than thirty days after the conclusion of the hearing, the hearing officer
shall issue a written decision to either reverse or uphold the finding. The decision shall
contain findings of fact and a conclusion of law on each issue raised at the hearing.
(e) Any individual aggrieved by the decision of the hearing officer may appeal the
decision in accordance with section 4-183. Such individual may also seek a stay of the
adverse decision of the hearing officer in accordance with subsection (f) of section 4-183.
(f) Following the issuance of a decision to uphold the finding and absent any stay of
that decision issued by the commissioner or the court, the commissioner shall accurately
reflect the information concerning the finding in the child abuse and neglect registry
maintained pursuant to subsection (a) of this section and shall, in accordance with section
17a-101g, forward to any agency or official the information required to be disclosed
pursuant to any provision of the general statutes.
(g) Any individual against whom a finding of abuse or neglect was substantiated
prior to May 1, 2000, and who has not previously appealed such finding, may appeal
such finding as provided in this section.
(h) Records containing unsubstantiated findings shall remain sealed, except that
such records shall be made available to department employees in the proper discharge
of their duties and shall be expunged by the commissioner five years from the completion
date of the investigation if no further report is made about the individual subject to the
investigation, except that if the department receives more than one report on an individual and each report is unsubstantiated, all reports and information pertaining to the
individual shall be expunged by the commissioner five years from the completion date
of the most recent investigation.
(i) Not later than July 1, 2006, the Commissioner of Children and Families shall
adopt regulations, in accordance with the provisions of chapter 54, to implement the
provisions of this section.
(P.A. 96-246, S. 14; P.A. 97-319, S. 16, 22; June 18 Sp. Sess. P.A. 97-2, S. 142, 165; P.A. 01-142, S. 2; P.A. 05-207,
S. 1.)
History: P.A. 97-319 added reference to reports made under Sec. 17a-101k and made technical change, effective July
1, 1997 (Revisor's note: Existing provisions were designated editorially by the Revisors as Subsec. (a) and section 142 of
June 18 Sp. Sess. P.A. 97-2, effective July 1, 1997, was added editorially as Subsec. (b)); P.A. 01-142 amended Subsec.
(a) by adding provision requiring that regulations to implement section include establishment of hearing process for appeal
by person of determination of commissioner that such person is responsible for the abuse or neglect of child; P.A. 05-207
required Commissioner of Children and Families to maintain registry of findings of child abuse or neglect, rather than of
reports received, and made conforming and technical changes in Subsec. (a), added notice provisions in new Subsec. (b),
specified appeal procedures in new Subsec. (c), specified hearing procedures in new Subsec. (d), specified procedure re
hearing decision appeals and stays in new Subsec. (e), added provisions re information reflected in registry and required
disclosure in new Subsec. (f), granted right to appeal re findings prior to May 1, 2000, in new Subsec. (g), specified
confidentiality requirements in new Subsec. (h), required Commissioner of Children and Families to adopt regulations in
new Subsec. (i) and deleted former Subsec. (b) re release of information to Commissioner of Social Services for use in
evaluating temporary family assistance program.
Sec. 17a-106c. Family Violence Coordinating Council. Members. Responsibilities. Section 17a-106c is repealed, effective October 1, 2005.
(P.A. 96-246, S. 25; P.A. 05-246, S. 18.)
Sec. 17a-112. (Formerly Sec. 17-43a). Termination of parental rights of child
committed to commissioner. Cooperative postadoption agreements. Placement of
child from another state. Interstate Compact on the Placement of Children.
Use of clearly erroneous standard of review on appeal from a termination of parental rights proceeding does not deny
respondent adequate procedural safeguards. 85 CA 528.
Subsec. (j):
Consideration of best interest of child comes after a determination that termination is warranted. 85 CA 528. Statutory
requirements for termination of parental rights discussed; court properly concluded that commissioner had established, by
clear and convincing evidence, that, despite parental skills training provided by department to parents, parents did not have
ability to care for their daughters, either at time of termination proceedings or in the immediately foreseeable future. 90
CA 565. Legislature's choice of "clear and convincing evidence" standard of proof under subsec. does not violate due
process provisions of state constitution; state constitution does not require court or legislature to equate terminations of
parental rights with criminal convictions. Id.
Sec. 17a-114. (Formerly Sec. 17-43c). Licensing of persons for child placement; exemption. Special study foster parents. Criminal history records checks.
Regulations. (a) As used in this section, "licensed" means a person holds a license
issued by the Department of Children and Families to provide foster care, including
foster care of a specific child, and "special study foster parent" means a person who is
twenty-one years of age or older and who does not hold a license issued by the Department of Children and Families to provide foster care.
(b) (1) No child in the custody of the Commissioner of Children and Families shall
be placed with any person, unless such person is licensed for that purpose by the department or the Department of Mental Retardation pursuant to the provisions of section
17a-227, or such person's home is approved by a child placing agency licensed by the
commissioner pursuant to section 17a-149. Any person licensed by the department may
be a prospective adoptive parent. The commissioner shall adopt regulations, in accordance with the provisions of chapter 54, to establish the licensing procedures and standards.
(2) The commissioner shall require each applicant for licensure pursuant to this
section and any person sixteen years of age or older living in the household of such
applicant to submit to state and national criminal history records checks prior to issuing
a license to such applicant to accept placement of a child. Such criminal history records
checks shall be conducted in accordance with section 29-17a. The commissioner shall
also check the state child abuse registry established pursuant to section 17a-101k for
the name of such applicant and for the name of any person sixteen years of age or older
living in the household of such applicant.
(c) Notwithstanding the requirements of subsection (b) of this section, the commissioner may place a child with a relative who is not licensed or, if the child is fourteen
years of age or older, with a special study foster parent for a period of up to ninety days
when such placement is in the best interests of the child, provided a satisfactory home
visit is conducted, a basic assessment of the family is completed and such relative or
special study foster parent attests that such relative or special study foster parent and
any adult living within the household has not been convicted of a crime or arrested for
a felony against a person, 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. Any such relative or
special study foster parent who accepts placement of a child in excess of such ninety-day period shall be subject to licensure by the commissioner, except that any such relative
who, prior to July 1, 2001, had been certified by the commissioner to provide care for
a related child may continue to maintain such certification if such relative continues to
meet the regulatory requirements and the child remains in such relative's care. The
commissioner may grant a waiver from such procedure or standard, except any safety
standard, for a child placed with a relative, on a case-by-case basis, from such procedure
or standard, except any safety standard, based on the home of the relative and the needs
and best interests of such child. The reason for any waiver granted shall be documented
in writing. The commissioner shall adopt regulations, in accordance with the provisions
of chapter 54, to establish certification procedures and standards for a caretaker who is
a relative of such child.
(P.A. 88-332, S. 1, 4; P.A. 93-91, S. 1, 2; P.A. 94-216, S. 2, 4; P.A. 99-166, S. 5; P.A. 01-70, S. 1, 2; 01-142, S. 11;
01-159, S. 4; P.A. 03-243, S. 7; P.A. 04-88, S. 1; P.A. 05-207, S. 6; 05-246, S. 12.)
History: Sec. 17-43c transferred to Sec. 17a-114 in 1991; P.A. 93-91 substituted commissioner and department of
children and families for commissioner and department of children and youth services, effective July 1, 1993; P.A. 94-216 required a relative to be licensed by the commissioner of children and families before having a child placed in his
custody, required placements beyond such forty-five-day period to be subject to certification by the commissioner, and
required the commissioner to adopt regulations to establish certification procedures for a caretaker who is a relative of
such child, effective June 7, 1994; P.A. 99-166 amended Subsec. (a) by adding provision that any person licensed by
department to accept placement of child is deemed to be licensed to accept placement as foster family or prospective
adoptive family and provision re criminal records check by commissioner to be criminal records check requested from
state police and FBI; P.A. 01-70 amended Subsec. (b) to allow commissioner to place a child with an unlicensed relative
for a period of up to ninety days, in lieu of forty-five days, when such placement is in the best interests of the child, to delete
requirement that placements with a relative beyond the forty-five-day period be subject to certification by commissioner, to
require licensure for any such relative who accepts placement of a child in excess of the ninety-day period with an exception,
and to authorize commissioner to grant a waiver, for a child placed with a relative, from a procedure or standard other than
a safety standard based on relative's home and needs and best interests of the child, requiring that reason for any waiver
granted be documented, effective July 1, 2001; P.A. 01-142 reinstated former Subsec. (b) re placements that was deleted
by P.A. 01-159, including changes made by P.A. 01-70, and redesignated Subsec. (b) added by P.A. 01-159 as Subsec.
(c); P.A. 01-159 amended Subsec. (a) by deleting provision re criminal records check, deleted existing Subsec. (b) re
placements and added new Subsec. (b) re criminal history records checks; P.A. 03-243 amended Subsec. (a) by designating
existing provisions as Subdiv. (1) and adding Subdiv. (2) re criminal history records checks and child abuse registry checks
for applicants and persons sixteen or older living in household of applicants and deleted former Subsec. (c) re fingerprinting
of applicants and criminal history records and child abuse registry checks; P.A. 04-88 added new Subsec. (a) defining
"licensed" and "special study foster parent" for purposes of section, allowed commissioner to place children fourteen years
of age or older with special study foster parents, required reasons for waivers to be in writing and redesignated existing
Subsecs. (a) and (b) as new Subsecs. (b) and (c), respectively; P.A. 05-207 amended Subsec. (b)(2) to delete requirement
that commissioner check state child abuse registry for perpetrator information; P.A. 05-246 amended Subsec. (b)(1) to
require that persons be licensed by Department of Mental Retardation pursuant to Sec. 17a-227 or that person's home is
approved by child placing agency licensed pursuant to Sec. 17a-149, effective July 8, 2005.
Sec. 17a-125. Out-of-Home Placements Advisory Council. Section 17a-125 is
repealed, effective October 1, 2005.
(P.A. 97-237, S. 2, 3; P.A. 03-278, S. 57, 121; P.A. 05-246, S. 18.)
Sec. 17a-126. Subsidy for relative caregivers. (a) As used in this section, "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 and "commissioner" means the Commissioner of Children and Families.
(b) The Commissioner of Children and Families shall establish a program of subsidized guardianship for the benefit of children in the care or custody of the commissioner
who are living with relative caregivers and who have been in foster care or certified
relative care for not less than eighteen months. The commissioner, within available
appropriations, may establish a program of subsidized guardianship for the benefit of
children in the care or custody of the commissioner who are living with relative caregivers and who have been in foster care or certified relative care for not less than six but
not more than eighteen months. A relative caregiver may request a guardianship subsidy
from the commissioner. If adoption of the child by the relative caregiver is an option,
the commissioner shall counsel the caregiver about the advantages and disadvantages
of adoption and subsidized guardianship so that the decision by the relative caregiver
to request a subsidized guardianship may be a fully informed one.
(c) The subsidized guardianship program shall provide the following subsidies for
the benefit of any child in the care of a relative caregiver who has been appointed the
guardian or coguardian of the child by any court of competent jurisdiction: (1) 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; and (2) a medical subsidy comparable to the medical subsidy to children in the
subsidized adoption program if the child lacks private health insurance. The subsidized
guardianship program shall also provide a monthly subsidy on behalf of the child payable
to the relative caregiver that shall be equal to the prevailing foster care rate. The commissioner may establish an asset test for eligibility under the program.
(d) The commissioner shall adopt regulations in accordance with chapter 54 implementing the subsidized guardianship program established under this section. Such regulations shall require, as a prerequisite to payment of a guardianship subsidy for the benefit
of a minor child, that a home study report be filed with the court having jurisdiction of
the case of the minor within fifteen 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. The regulations shall also establish a procedure comparable to that for
the subsidized adoption program to determine the types and amounts of subsidy to be
granted by the commissioner as provided in subsection (c) of this section, for annual
review of the subsidy as provided in subsection (e) of this section and for appeal from
decisions by the commissioner denying, modifying or terminating such subsidies.
(e) The guardianship subsidy provided under 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. Annually, the subsidized guardian shall submit to the commissioner a
sworn statement that the child is still living with and receiving support from the guardian.
The parent of any child receiving assistance through the subsidized guardianship program shall remain liable for the support of the child as required by the general statutes.
(f) 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.
(g) Payments for guardianship subsidies shall be made from moneys available from
any source to the commissioner for child welfare purposes. The commissioner shall
develop and implement a plan that: (1) Maximizes use of the subsidized guardianship
program to decrease the number of children in the legal custody of the Commissioner
of Children and Families and to reduce the number of children who would otherwise
be placed into foster care when there is a family member willing to provide care; (2)
maximizes federal reimbursement for the costs of the subsidized guardianship program,
provided whatever federal maximization method is employed shall not result in the
relative caregiver of a child being subject to work requirements as a condition of receipt
of benefits for the child or the benefits restricted in time or scope other than as specified
in subsection (c) of this section; and (3) ensures necessary transfers of funds between
agencies and interagency coordination in program implementation. The Commissioner
of Children and Families shall seek all federal waivers as are necessary and appropriate
to implement this plan.
(P.A. 97-272, S. 7, 9; June Sp. Sess. P.A. 98-1, S. 90, 121; P.A. 99-251, S. 1, 2; P.A. 05-254, S. 1.)
History: P.A. 97-272, S. 7 effective July 1, 1997 (Revisor's note: In Subsec. (e) the nonexistent word "chid" was
replaced editorially by the Revisors with "child" to correct a typographical error); June Sp. Sess. P.A. 98-1 made a technical
change in Subsec. (a), effective June 24, 1998; P.A. 99-251 amended Subsec. (b) by making children living with relatives
who have been in foster or certified relative care for less than eighteen months eligible for a subsidy and amended Subsec.
(d) by deleting an obsolete reference to the date by which regulations have to be adopted, effective July 1, 1999; P.A. 05-254 lowered threshold from not less than twelve to not less than six months for children living with relative caregivers
and who have been in foster care or certified relative care in Subsec. (b).
PART II
CHILD-CARE FACILITIES AND CHILD-PLACING AGENCIES
Sec. 17a-145. (Formerly Sec. 17-48). Licensing of child-care facilities. Annual
report. Change in facility, institution or home population. No person or entity shall
care for or board a child without a license obtained from the Commissioner of Children
and Families, except: (1) When a child has been placed by a person or entity holding a
license from the commissioner; (2) any residential educational institution exempted by
the state Board of Education under the provisions of section 17a-152; (3) residential
facilities licensed by the Department of Mental Retardation pursuant to section 17a-227; or (4) facilities providing child day care services, as defined in section 19a-77. The
person or entity seeking a child-care facility license shall file with the commissioner an
application for a license, in such form as the commissioner furnishes, stating the location
where it is proposed to care for such child, the number of children to be cared for, in
the case of a corporation, the purpose of the corporation and the names of its chief
officers and of the actual person responsible for the child. The Commissioner of Children
and Families is authorized to fix the maximum number of children to be boarded and
cared for in any such home or institution or by any person or entity licensed by the
commissioner. Each person or entity holding a license under the provisions of this section shall file annually, with the commissioner, a report stating the number of children
received and removed during the year, the number of deaths and the causes of death,
the average cost of support per capita and such other data as the commissioner may
prescribe. If the population served at any facility, institution or home operated by any
person or entity licensed under this section changes after such license is issued, such
person or entity shall file a new license application with the commissioner, and the
commissioner shall notify the chief executive officer of the municipality in which the
facility is located of such new license application, except that no confidential client
information may be disclosed.
(1949 Rev., S. 2638; 1961, P.A. 601, S. 1; P.A. 73-62, S. 1, 3; P.A. 75-420, S. 4, 6; P.A. 77-614, S. 521, 610; P.A. 78-108, S. 1, 4; P.A. 79-631, S. 71, 111; P.A. 82-261, S. 1, 6; P.A. 85-56; P.A. 93-91, S. 1, 2; P.A. 96-194, S. 8; P.A. 05-71,
S. 1; 05-246, S. 13.)
History: 1961 act deleted requirement that annual report be filed, but see Sec. 17-50; P.A. 73-62 included commissioner
of children and youth services in licensing authority, added provisions re annual report and clarified powers of children
and youth services commissioner; P.A. 75-420 replaced welfare commissioner with commissioner of social services; P.A.
77-614 replaced social services commissioner with commissioner of human resources, effective January 1, 1979; P.A. 78-108 required license for nonexempt residential educational institutions; P.A. 79-631 deleted reference to commissioner of
human resources and obsolete limitation on powers of children and youth services commissioner; P.A. 82-261 provided
the exemption for family day care homes; P.A. 85-56 replaced an exception for family day care homes with the exception
for facilities providing child day care services; Sec. 17-48 transferred to Sec. 17a-145 in 1991; P.A. 93-91 substituted
commissioner and department of children and families for commissioner and department of children and youth services,
effective July 1, 1993; P.A. 96-194 replaced obsolete language categorizing entities which may care for or board a child
with new provisions and made technical corrections; P.A. 05-71 made a technical change and added requirements that
new license application be filed with commissioner if population at facility, institution or home changes and that commissioner notify chief executive officer of municipality in which facility located of such application; P.A. 05-246 added new
Subdiv. (3) re exception for residential facilities licensed by Department of Mental Retardation pursuant to Sec. 17a-227,
redesignated existing Subdiv. (3) as Subdiv. (4) and made a technical change.