[HISTORY: Adopted by the Town Council of the Town of West Hartford 12-19-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Senior Citizens Advisory Commission — See Ch. 5, Art. VIII.
Group-care facilities — See Ch. 98.
Family day-care homes — See Ch. 101, § 101-7.
Day-care facilities — See Ch. 177, § 177-16.1.
For the purposes of this chapter, the following terms shall have the meanings provided herein:
ADULT DAY-CARE CENTER
A nonresidential facility in which custodial care is provided for more than 12 adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular and recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.
[Added 8-2-2005]
ADULT DAY-CARE FACILITY
An adult day-care home, adult group day-care facility or adult day-care center as defined further herein.
[Added 8-2-2005]
ADULT DAY-CARE HOME
A nonresidential facility consisting of a private family home in which custodial care is provided for not more than six adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular and recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.
ADULT GROUP DAY-CARE FACILITY
A nonresidential facility in which custodial care is provided for not less than seven nor more than 12 adults, related or unrelated, who are in need of supervision and/or assistance with routine daily functions but who are not in need of regular medical attention, where the adults are receiving said care on a regular recurring basis during a part of the twelve-hour period between 7:00 a.m. and 7:00 p.m., for not less than three and not more than 12 hours. Such a facility shall comply with all state and local codes and/or ordinances regarding zoning, building, fire, health and housing.
CUSTODIAL CARE
Simple supervisory and routine monitoring and assistance with daily living provided by a capable staff that provides reasonable and responsible assistance to persons receiving custodial care in adult group day-care facilities. No medical care, specialized physical therapy, occupational therapy, rehabilitation or treatment shall be provided except necessary first aid assistance. The staff will be able to assist persons with the self-administration of prescribed or nonprescription medications brought to the facility on a daily individualized basis and maintained by the individual.
[Amended 6-28-1994]
[Amended 8-2-2005; 10-7-2019]
No person shall operate an adult day-care center, adult day-care home or adult group day-care facility in the Town of West Hartford without having obtained a license therefor from the Director of Social Services for the Town of West Hartford.
[Amended 8-2-2005; 10-24-2006]
A. 
Prior to obtaining a license for the operation of an adult day-care center, adult day-care home or adult group day-care facility, the applicant therefor shall provide the following materials to the Director of Health:
(1) 
Certification, in writing, that the facility complies with all Fire Safety Code requirements from the West Hartford Fire Marshal, where inspection is required by the Connecticut Fire Safety Code.
(2) 
Certification, in writing, that the facility is located in an appropriate zone and has received all required zoning, building and other Town permits.
(3) 
Certifications of completion in a Red-Cross-approved first aid course for a sufficient number of staff members to ensure that one employee so currently certified shall be on the premises at all times during operating hours.
(4) 
Any state license required for the operation of such a facility.
(5) 
Written authorization from the applicant and each employee of the facility permitting a background check of the employee's character through police records.
B. 
In addition, prior to the issuance of any license or renewal thereof or during the period of any license, the Director of Health or designee shall inspect the facility and shall verify that the following items are in place:
(1) 
Adequate sanitary and safe facilities to ensure the health of all persons using the facility.
(2) 
An adequate food preparation area to provide each participant with a nutritious meal in a safe and sanitary manner.
(3) 
A standard, Red-Cross-approved, first aid kit, fully equipped, and an automated external defibrillator (AED).
(4) 
A log containing emergency telephone numbers as required for the members participating in this service, including police, fire, ambulance, physician and local health care facility numbers.
(5) 
Appropriate staffing levels of a minimum one staff member to eight participants with at least a minimum of two staff members on shift at all times.
(6) 
An organizational chart outlining the chain of command and highlighting duties and responsibilities of each position on the chart.
(7) 
A written plan to maintain internal quality assurance for the level of care for each participant, which plan shall be reviewed as to its adequacy and completeness.
(8) 
A written individualized plan of care for each participant prior to admission through discharge.
[Amended 10-7-2019]
The term of all licenses issued pursuant to this chapter shall be one year. Licenses shall be renewed unless, upon inspection, noncompliance with the terms hereof is discovered. Said license is not transferable. The Director of Social Services may enter any facility providing adult day services at reasonable times to inspect the facility for compliance with this chapter and abate or cause to be abated any violations of this chapter.
A fee for licensure of an adult day-care facility shall be paid annually to the Town. Said fee schedule shall be:
A. 
Initial application fee: $100.
B. 
License fee: $10 per individual participant, based upon the maximum number of permitted participants at the facility.
[Amended 10-7-2019]
The Director of Social Services shall promulgate rules and regulations as may be necessary to ensure the health, safety and welfare of the participants in adult day service programs in the Town of West Hartford.
Any violation of this chapter may be punishable by:
A. 
Issuance of an infraction fine not to exceed $90 per calendar day in which the violation continues;
B. 
The commencement of an action for injunctive relief; and/or
C. 
Any other remedy permitted by law.
[Amended 10-7-2019]
A. 
Hearing.
(1) 
Any license issued pursuant to this chapter may be suspended or revoked by the Director of Social Services after hearing upon a finding of one or more of the following conditions:
(a) 
Violation of any requirement of this chapter.
(b) 
Violation of any law, code, regulation or ordinance, whether federal, state or local.
(c) 
Misuse, neglect, improper care or mistreatment of anyone in the care of the facility.
(d) 
Unsafe, unhealthful or insanitary conditions which present a menace to the public health, safety or welfare.
(e) 
Fraud or misrepresentation in obtaining the license.
(2) 
Said hearing shall be held no less than 48 hours after written notice thereof is delivered to the licensee by the Director of Social Services or designee.
B. 
In the event that the Director of Social Services determines that it is necessary to do so in the interest of the health, safety and welfare of the public or the clients of any licensee, a license issued pursuant to this chapter may be suspended immediately and without hearing, provided that a hearing shall be held by the Director of Social Services within 48 hours after issuance of the notice of suspension in order to determine whether said license shall be suspended for a further period or revoked. The date and time of the hearing to be held shall be stated in the notice of suspension.
C. 
Any final decision of the Director of Social Services regarding revocation or suspension of a license issued hereunder shall be made, in writing, within 48 hours after the close of the hearing. A copy of the decision of the Director of Social Services shall be sent to the licensee within 24 hours thereafter by certified mail.