d. Requirements for Unlicensed Child Care Providers

Unlicensed child care providers shall be eighteen years of age or older. Parents receiving benefits for care given by a provider who is less than eighteen years old shall have up to ninety days from the effective date of this regulation to locate a new provider. Payments shall continue during the ninety-day period provided the family is otherwise eligible.

The provider shall disclose his or her full name, residence address, date of birth and social security number or any other information necessary to verify identity. Upon request, the provider shall provide identification that includes the provider’s photograph, date of birth and signature.

The provider shall not be working another job during the hours that the child is in care or engage in an activity that distracts his or her attention from providing child care services.

No child care subsidy shall be paid to an unlicensed child care provider if such provider has been convicted of any crime involving sexual assault of a minor or serious physical injury to a minor or any crime committed in any other state or jurisdiction the essential elements of which are substantially the same as such crimes pursuant to section 17b-750 of the Connecticut General Statutes. The commissioner shall have discretion to refuse payments to any provider if the person has been convicted in this state or any other state of any crimes specified in section 17b-749k of the Connecticut General Statutes or has a criminal record or was the subject of a substantiated report of child abuse or neglect in this state or in any other state that the commissioner reasonably believes renders the person unsuitable to provide child care.

The commissioner shall have discretion to refuse payments under the following conditions: if the provider has an outstanding arrest warrant for any offense that is classified as a felony; if the provider has a child abuse or neglect allegation pending; if the provider is physically or mentally incapable of providing safe or competent care to the child; or whenever the commissioner has obtained information from a reliable source that a provider has not been providing or is not capable of providing safe or competent care, including but not limited to a record of an outstanding arrest for child abuse or neglect, risk of injury or impairing the morals of a minor, the illegal use, sale or possession of controlled substances, a crime against persons or other similar offenses.

The parent and provider shall both certify that the provider is capable of providing safe and competent care as a condition of payment eligibility, including the ability to feed, bathe and toilet the child as appropriate, the ability to respond to potential emergencies and the ability to provide adequate care and supervision. The department may deny payment if sufficient evidence exists to support a conclusion that the child’s needs may not be satisfied or that the child’s health and safety may be at risk in the child care setting. In making this determination, the department shall consider information obtained from police records, medical records and information obtained from other agencies, physicians, health care workers, social workers health officials or other sources. The hours of care, the child’s age and special needs shall be taken into consideration when assessing the ability of the provider to properly care for and supervise the child.

The provider shall certify in writing that he or she has not been convicted of any crime or subject to any of the conditions listed in subdivisions (4) and (5) of this subsection.

The provider and parent shall certify by signing the child care agreement form that the child care location meets the following requirements: there is an operating fire extinguisher available at the child care location; there is an operating smoke alarm installed at the child care location; there is an operating hard wired telephone at the child care location or a cellular phone owned and operated by the provider with emergency telephone numbers posted; and the child care location complies with all applicable local and state fire, zoning and building codes.

The child care arrangements shall not be approved if care is provided in a location that does not meet the requirements of subdivision (8) of this subsection.

An unlicensed child care arrangement shall not be approved if care is provided by an in-home child care provider or a relative who provides child care services to more than six children during substantially the same hours. Up to three children under the age of two may receive child care services together at a time, as long as they are the only children in the provider’s care. No more than two infants may receive care at any one time if the provider cares for any other preschool or school age children during the same hours.