WHO ARE WE?
Gordon, Muir and Foley, LLP (GM&F), a mid size firm founded in 1947, is centrally located in Hartford and services the entire State of Connecticut. GM&F is dedicated to providing prompt, reliable and cost-effective legal representation. The firm's objective is to resolve disputes for our clients as expeditiously and cost effectively as possible. While our attorneys are skilled and active in the trial of cases, our attorneys are also adept and experienced in the negotiation, mediation and arbitration processes.
As part of her practice, Attorney Renée W. Dwyer represents the day care industry in both premises liability and licensing matters. She assists clients with all aspects of a complaint investigation including representation of clients at compliance meetings scheduled by the Department of Public Health.
More specifically, Attorney Renée W. Dwyer works with clients on corrective action plans, negotiated corrective actions plans, consent orders, responses to statements of charges and license surrenders.
ABC’S OF DAYCARE COMPLIANCE
Are your policies up to date?
Have you and your staff read your policies lately?
Many Department of Public Health citations result from the failure to follow your own policies and procedures or result from your employees not adequately understanding your policies and procedures.
An annual review of your policies might avoid a citation in the first place. Special staff meetings throughout the year to review your center’s policies is also good preventive medicine.
Although all of your written policies are important the following are some of the most important ones that you and your employees need to have a working knowledge of:
1. Mandated reporting requirements under C.G.S. §17a-101-103a.
- Do your employees know they are mandated reporters?
- Do they know what must be reported?
- Do they know how to make a report?
- Do they know how soon they need to make a report?
- Do they know they can request anonymity?
- Do they know the penalty for making a false report?
- Do they know if they need to inform the child’s parents that a report has been made?
2. Disciplinary practices for children.
- Does your policy reference the use of positive guidance?
- Does your policy specifically prohibit abusive, neglectful, corporal, humiliating or frightening punishment?
- Does it have provisions for dealing with aggressive children?
3. Ratio and supervision regulations.
- Do your policies address group size and ratio of staff to children?
- Do your policies address indoor and outdoor supervision, nap time supervision and bathroom supervision?
- Are your employees familiar with the regulations?
WHAT IS A COMPLIANCE MEETING?
A compliance meeting is an opportunity for a daycare provider to discuss violations found by the Department of Public Health and to demonstrate its compliance.
When a provider has (1) failed to substantially comply with the regulations after a complaint investigation; (2) has a continuing pattern of noncompliance; or (3) fails to correct substantial violations, the Department of Public Health may issue a “Notice of Violations and Opportunity for a Compliance Meeting.” The provider is given the opportunity to request a meeting to discuss with the department representatives, the violations. At this compliance meeting the daycare provider can dispute the violations and can offer supporting materials. The daycare provider is also given the opportunity to explain how it has complied or will comply, and how it will comply in the future with the regulations at issue.
A provider is not required to have an attorney present, but is permitted to bring an attorney.
WHAT IS A CONSENT ORDER?
A consent order is a voluntary agreement between a provider and the Department of Public Health. After a complaint investigation by the Department of Public Health and a compliance meeting, the Department of Public Health may propose that the daycare provider enter into a consent order. The daycare provider may have an attorney assist it in negotiating the terms of the consent order.
In a consent order, the Department of Public Health will spell out the acts which it finds constitute grounds for disciplinary actions. When a provider agrees to enter into a consent order, it is stating that it wishes to fully resolve the violations without further proceedings and has chosen not to contest the findings of the Department of Public Health. Once the consent order is signed, it becomes a public record.
Consent orders typically require providers to implement new policies and procedures, undergo additional training and/or pay a financial penalty.
Violations of the terms of the consent order by the daycare provider permit the Department of Public Health to take further action against the provider including, issuing additional consent orders, issuing a statement of charges or ordering a summary suspension (this action closes a facility without first holding a hearing when the health, safety or welfare of day care children requires such emergency action).
Because a signed consent order is a record that the public can access, it is important to negotiate the best terms possible.
This newsletter is published by the firm of Gordon, Muir & Foley, LLP. The views, analysis and developments in the law that are reported and offered in this issue are intended to educate and assist lay persons in recognizing legal problems. They are neither intended as individual legal advice nor offered as a general solution to all apparently similar individual problems. Readers are cautioned not to attempt to solve their individual problems solely on the basis of the information contained herein, and are urged to seek legal advice for answers to specific problems. If you would like further advice regarding this or other related issues, please contact us at 860-525-5361. © 2008 Gordon, Muir & Foley, LLP.
