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Policy Manual
ADMINISTRATIVE HEARINGS 
License Hearings

22-5-2
Introduction

Policy The Administrative Hearings Unit shall conduct License Hearings.
Definitions A child care facility, hereafter referred to as facility, is a DCF licensed foster home, adoptive home, residential treatment facility, group home, temporary shelter, alcohol/substance abuse treatment facility, transitional living facility, residential educational institution, maternity home, or extended day treatment program.

A child care facility does not mean a youth camp, a juvenile detention facility under the authority of the court, or a facility which is primarily an educational institution exempted by the State Department of Education as provided in CONN. GEN. STAT. §10-8a.

A child placing agency, hereafter referred to as agency, is an agency, association, corporation, institution, society or other public or private organization licensed by DCF to place out a child into a temporary or permanent care home.

A permanent family residence means one or two adults, an agency, association, corporation, institution, society or other organization licensed by DCF to provide permanent care to handicapped children in a home environment and family setting.

Limitation of license refers to any restrictions placed on a license other than revocation or refusal to renew.

Who May
Request a
License Hearing
Any child care facility, child placing agency or permanent family residence or its attorney or authorized representative may request a License Hearing when aggrieved by the Department's decision to

•deny an application for licensure

•limit, suspend, revoke, or refuse to renew a license.

When to Request a License Hearing If the applicant or licensee wishes to request a hearing, the request must be made to the Administrative Hearings Unit within fifteen (15) days after receipt of a written notice of the Department's proposed licensing action.
Withdrawal of
Request
The client shall complete a Letter of Withdrawal of Request for Administrative Hearing (DCF-800B), to indicate withdrawal of an Administrative Hearing request.
Legal
References
The table below summarizes statutory and regulatory references pertaining to DCF licensed facilities and License Hearings.

 

 

 
Connecticut
General
Statutes
Regulations of Connecticut State Agencies Applicability
§17a-145   Licensing of Child Care Facilities
§17a-151   Provides for the Commissioner of DCF to issue a license if he "finds such conditions suitable for proper care of children, or the proper placing out of children under such standards for the promotion of health, safety, morality and well being of such children as he prescribes...Any license issued under this section may be revoked by the Commissioner who issued it for cause, after notice given to the institution, person, or group of persons concerned, and after opportunity for a hearing thereon."
  §17-48-48 to 17-48-101 Outline the prescribed standards pertaining to operation of child caring facilities:

• children's home or similar institutions, residential treatment facilities, group homes and temporary shelters (§17-48-59 to 17-48-98)

• foster homes and adoptive homes (§17-48-99 to 17-48-101)

§17a-147   Licensing of Extended Day Treatment Programs
  §17a-147-1 to 17a-147-36 Provide requirements for licensing extended day treatment programs.
§17a-149   Provides for the Commissioner to license all child placing agencies.
  §17-49b-1 to 17-49b-50 Outline the prescribed standards of operating child placing agencies.
§17a-154 and

§17a-155

  Define Permanent Family Residence, and provide for them to be licensed by DCF.
  §17-52b-1 to 17-52b-35 Provide the requirements for the operation and licensing of Permanent Family Residences.
§4-177 to
4-181*
  Outline due process procedures governing all contested cases. License Hearings are held in accordance with these procedures.
§4-183*   Governs the right to appeal.
§4-166 and 4-182*   Definitions and other matters involving licenses.

* Uniform Administrative Procedures Act