[HISTORY: Adopted by the Town Council of
the Town of West Hartford 12-19-1989. Amendments noted where applicable.]
For the purposes of this chapter, the following
terms shall have the meanings provided herein:
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]
An adult day-care home, adult group day-care facility or
adult day-care center as defined further herein.
[Added 8-2-2005]
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.
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.
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:
[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:
[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.
