214 R.I. Code R. 214-RICR-40-00-1.6

Current through December 3, 2024

Section 214-RICR-40-00-1.6 - Licensing Provisions

A. Interest

1. Any person, firm, corporation, association or agency interested in opening a child care program for Infants, Toddlers, Preschoolers, and/or School Age children contacts the Department's licensing unit.

B. Application

1. Proposed programs submit a separate application for each program, which includes all supporting documentation and fee payments, and is reviewed by the Department for licensing determination.

C. Initial Licensure

1. Upon successful completion of the application process and issuance of a time-limited Provisional License, the licensee must develop an operational program in order to meet the needs of the children served and demonstrate full compliance with these regulations, in order to transition to a Regular License.

2. To obtain and maintain a Regular License, the program must demonstrate full compliance with the regulations at all times.

D. Renewal Licensure

1. The Department provides access to a renewal application that must be submitted with all supporting documentation and fee payment at least sixty days prior to the expiration of the existing child care license.

E. Provisions of the License

1. The program is responsible for adhering to the child care license which indicates the:

a. physical location of the program;

b. dates of validity;

c. maximum number of children; and

d. age groups to be served in the program.

2. The licensed program is responsible for compliance with the regulations at all times of the year, including the school year, summer and vacation programs, during times when children are in care at the program.

3. The current license must be posted in a conspicuous place in the program.

4. If there are any inaccuracies on the printed license, the licensee is responsible to contact the Department to rectify the error.

5. The license is not transferable, and is granted only to the designated licensee and is limited to the stated location, which can occupy no more than one building.

6. If a program operates in multiple areas of a building, that is also used for a purpose other than child care, the program may be subject to multiple licenses.

7. When the operation of a child care program is discontinued, the licensee provides the Department's licensing unit with written notification at least 30 days prior to closure.

F. Monitoring

1. The license entitles the Director of the Department or designee and the Office of the Child Advocate or designee:

a. the right of entrance;

b. the privilege to inspect and access all files in order to ascertain compliance with these regulations; and

c. the right to investigate complaints.

G. Enforcement

1. If at any time, the licensee violates the terms of the license or application:

a. a Probationary License may be issued;

b. a Plan of Corrective Action may be required;

c. the Department may pursue administrative, civil and/or criminal remedies according to applicable Rhode Island General Laws.

2. A license may be denied, suspended, or revoked for:

a. failing to comply with these regulations;

b. providing falsified or misleading statements and/or documentation to the Department; and/or

c. making efforts to deceive the Department.

3. If at any time, under any license status, the Department finds that the health, safety or welfare of children, or the public, is in jeopardy, a summary suspension of the license may be ordered.

4. If the Department takes licensing action to suspend or revoke the license, the program is obligated to:

a. post the Department's notification of this action in a prominent location near the program entrance.

b. notify the parents/guardians of enrolled children about the reasoning and timing of the licensing action.

c. provide the Department with the names and contact information for parents/guardians of enrolled children, upon request.

H. Variances and Waivers

1. A licensee may apply, in writing, for a variance or waiver to a regulation provided that the variance or waiver in no way jeopardizes the health, safety or well-being of the children.

2. A variance or waiver is not valid until the licensee receives written approval from the licensing Administrator or designee.

3. The conditions and term of the variance or waiver may not change without written approval from the licensing Administrator or designee.

4. At the end of the variance or waiver term, the licensee must demonstrate compliance with all of these regulations.

5. The Department may issue a waiver or variance, without a designated term, to specific requirements, in these regulations, that do not jeopardize the health, safety or well-being of the children, for approved Head Start programs, programs with Special Education Approval from the RI Department of Education, or programs certified through the RI Department of Behavioral Healthcare, Developmental Disabilities & Hospitals.

I. Appeals and Hearings

1. Any applicant for licensure or license holder may appeal any action or decision of a Departmental staff, supervisor or Administrator that is adverse to the person's status as an applicant or license holder through the Executive Office of Health and Human Services administrative appeal policy.

2. Any applicant for licensure or license holder, who has a right to pursue an administrative appeal, may seek an emergency stay of summary suspension through the Executive Office of Health and Human Services administrative appeal policy.

214 R.I. Code R. 214-RICR-40-00-1.6