214 R.I. Code R. 214-RICR-40-00-1.12

Current through December 3, 2024

Section 214-RICR-40-00-1.12 - Administration

A. Required Notifications

1. The program is responsible for immediately notifying the Department, in writing, of major changes which affect the license, including:

a. change of Child Care Administrator, School Age Administrator, Education Coordinator, Site Coordinator or Night Time Care Coordinator;

b. intent to change the name of the program;

c. intent to change ownership of the program;

d. intent to change the physical address/location of the program;

e. intent to use different/additional spaces for classrooms;

f. intent to change the numbers or ages of children served; and/or

g. any other major changes in the program.

2. These changes are subject to approval by the Department, and may require a license change.

3. The program is responsible for immediately notifying the Department in the event of an emergency situation, which includes:

a. any death and/or serious injury while in care of the program;

(1) After notifying emergency personnel, events of this nature should then be reported to the RI Department of Children, Youth and Families' Child Protective Services hotline ( 1-800 -RI-CHILD/ 1-800-742-4453).

b. activation of emergency personnel;

c. occurrence of emergency or disaster; or

d. failure of mechanical systems.

B. General Requirements

1. The program does not exceed the licensed capacity at any time.

2. The program maintains liability insurance for the licensed program.

3. The program has a confidentiality policy that requires all staff, consultants and volunteers to maintain confidentiality of the child, family and staff information included in files, conversations, observations, meetings, correspondence, social media, cell phones or any other source.

4. Children may not participate in activities including fundraising, publicity, and research, without informed, written consent from the parent/guardian.

C. Arrival and Departure of Children

1. Children are only released to the parent/guardian or to an individual, 18 years of age or older, who is authorized, in writing, by the parent/guardian to pick up the child and whose identity can be verified by proper picture identification.

2. Approved individuals manually or electronically sign the child in at drop off and sign the child out at pick up, using a time stamp and a full signature, name, or comparable identifier.

3. Programs must follow policies and procedures that include:

a. documenting any custody or restraining orders relating to the child;

b. maintaining current written parental/guardian authorization for the release of the child to named individuals, which is updated annually;

c. verifying the identity of authorized individuals, including picture identification; and

d. at the discretion of the program, handling emergency call-in authorization by the parent, including verification of the identity of the parent over the phone.

4. If an individual attempting to pick up a child from the program appears to be under the influence of drugs or alcohol, the program:

a. does not release the child;

b. contacts the local police; and

c. contacts the RI Department of Children, Youth and Families' Child Protective Services (CPS) hotline ( 1-800 -RI-CHILD/ 1-800-742-4453)

5. If children are bused to and from the program, there is a written procedure for monitoring and documenting their arrival and departure.

D. Transportation of Children

1. If the program chooses to provide transportation, a transportation policy must be written.

2. The program is required to adhere to state law and the rules and regulations of the Rhode Island Registry of Motor Vehicles, and comply with state regulations for vehicles that transport children as part of the program regarding:

a. registration;

b. inspections; and

c. insurance.

3. All individuals who provide transportation of children must:

a. hold a valid Rhode Island Chauffeur's License or equivalent from another state; and

b. have a completed background check on file.

4. In addition, vehicles used to transport children must have:

a. two-inch lettering on the vehicle (unless leased and then a magnetized sign can be used), stating the program's name;

b. a fire extinguisher;

c. first aid, emergency airway and bodily fluid spill kits; and

d. audible door and back-up alarms (mountable or installed).

5. At least two staff are in the vehicle while transportation is provided, unless all children being transported are School Age. If all children are School Age, one staff may provide transportation.

6. Children must never be left alone in the vehicle.

7. A face-to-name attendance check of all children is completed upon entrance to and departure from the vehicle.

8. Attendance and emergency information on each child being transported must be available in the vehicle when transportation is being provided.

9. When being transported, children must be properly secured in the appropriate safety restraint or car seat for their age.

E. Handbooks

1. The program must develop a Family Handbook and a Staff Handbook, which must be approved by the Department.

2. The program is responsible for communicating and implementing policies and procedures from the handbooks.

F. Records and Files

1. The program maintains program files, and individual files for children and staff that are available on-site at all times.

2. Provisions are made for the protection of files and reports, to ensure confidentiality.

3. Parents/guardians may access their child's file at any time during the program hours of operation.

4. All program, staff, or children's records are subject to review and/or reproduction by the Department or designee, or the Office of the Child Advocate upon request during the program hours of operation.

5. Information contained in a child's file is only released to an outside entity with written authorization from the child's parent/guardian.

6. When a child transfers to another program or school, the child's immunization record is released upon request of the parent/guardian.

7. Each child's file must include:

a. an application form completed by the parent/guardian containing the child's name, birth date, parent's/guardian's name, current address and phone number and work or school address and phone number;

b. date of enrollment;

c. evidence of annual health exam;

(1) Programs are not required to maintain documentation of an annual health examination for children who attend public, private, or parochial schools approved by the RI Department of Education.

(2) If a child is a foster child or is experiencing homelessness, a grace period of 90 days can be granted to obtain the annual health examination documentation.

d. immunization record;

(1) Programs are not required to maintain immunization for children who attend public, private, or parochial schools approved by the RI Department of Education.

(2) If a child is a foster child or is experiencing homelessness, a grace period of 90 days can be granted to obtain the immunization documentation.

e. other relevant health documents;

f. pertinent social information on the child;

g. written authorization from the parent/guardian for emergency medical treatment;

h. written reports of injuries, accidents or illness occurring while the child is in the program and any treatment administered;

i. information pertaining to the child's progress, growth and development, including IEP/IFSP information, if applicable;

j. transition plans;

k. written authorization from the parent/guardian for the child to participate in and be transported for field trips, special activities or events, and other activities that are not part of the program's daily routine;

l. names of individuals to whom the child may be released;

m. a statement signed by the parent/guardian authorizing the program to act in an emergency;

n. a parental consent form which authorizes or prohibits the program to photograph or videotape a child and to use images in publications, websites and social networking sites; and

o. all other records or reports pertaining to the child.

8. Files for Infants and Toddlers contain the above requirements as well as:

a. developmental and health history;

b. habits of feeding, foods used, and a schedule for introducing new foods;

c. toilet and diapering habits and procedures;

d. sleep and napping habits;

e. child's way of communication and being comforted;

f. play interests and habits; and

g. personality and temperament specifics.

9. Children's files are updated on an annual basis.

10. Each staff file must include:

a. personal data sheet or application containing the staff's name, age, home address, phone, education and work experience;

b. job description;

c. Criminal Records Checks;

d. Clearance of Agency Activity check;

e. notarized employment history and criminal record affidavits;

f. documentation of employment history verification;

g. health records as required by the RI Department of Health's Rules and Regulations Pertaining to Immunization and Communicable Disease in Preschool, School, Colleges or Universities;

h. staff performance evaluations;

i. documentation of qualifications;

j. training plan;

k. documentation of participation in orientation;

l. certification of professional development; and

m. all other records or reports pertaining to the staff member.

11. Programs maintain the following documentation on-site for Department staff to review, if requested, for a minimum of three years:

a. relevant inspections for physical facilities;

b. sign in/sign out logs;

c. daily injury/illness and medication administration logs;

d. emergency drill log;

e. letter of understanding with consultative medical services;

f. documentation for program pets;

g. field trip permission slips and related documentation;

h. staff attendance or schedule records;

i. documentation that ensures the fiscal stability of the program; and

j. all other records or reports pertaining to the program.

12. Program and staff files must be updated regularly to include new information and changes in information.

214 R.I. Code R. 214-RICR-40-00-1.12