214 R.I. Code R. 214-RICR-40-00-3.6

Current through December 3, 2024

Section 214-RICR-40-00-3.6 - LICENSING PROVISIONS

3.6.1Application and Licensing Process

A. Applicant submits an application, signed releases, and confirmation that the applicant received the Foster Parent Bill of Rights.

B. Home Study

1. Each applicant and household member must participate in a home study.

2. The home study consists of a summary of any Department contact with the applicant's family and a description of the home, community, family and social relationships and includes the following information:

a. a summary of the applicant's relationships with his or her biological and/or adopted children, past and present spouses or partners, and other family members;

b. an assessment of the applicant's parenting ability and motivation for fostering or adopting a child;

c. criminal records checks for all household members age 18 and older in accordance with the Department's Criminal Background Checks policy;

d. child protective services clearances for all household members to include out-of-state Adam Walsh clearances, if applicable, in accordance with the Department's Clearance of Agency Activity policy;

e. a health history for each applicant; and

f. a home safety inspection.

C. Health History

1. Applicants must submit documentation regarding his or her physical health, mental health and/or substance abuse history. Documentation may include, but is not limited to, a signed physician's note, medical records, or a copy of a physical exam.

2. The Department may request a statement from a qualified medical professional familiar with the applicant or household member's physical or mental health history, including alcohol and drug use, to ensure that no member of the household has an illness or condition that presents a health or safety risk to a child in the home, or hinder the caregiver's ability to provide appropriate care.

D. Training

1. Each applicant for a Foster Care and Adoption License must successfully complete a course of pre-service training as required by the Department.

3.6.2Determination

A. Upon successful completion of the licensing process, the Department takes one of the following actions within thirty days:

1. Issue a license.

a. A Foster Care and Adoption License applies only to the place of residence occupied by the applicant at the time of issuance.

b. If a caregiver moves, the Department conducts an address change licensing visit and safety inspection to determine compliance with all of these regulations prior to the issuance of a Foster Care and Adoption License to the new residence.

2. Deny the application and inform the applicant of the right to appeal (refer to § 3.6.6 of this Part, APPEAL/HEARING below).

B. A license may be denied for the following reasons:

1. Applicant or household member has disqualifying criminal activity.

2. Applicant or household member has been convicted of a criminal offense that is not automatically disqualifying if that conduct has an impact upon the fitness and suitability of the applicant to provide care for a child.

3. Applicant or household member has a history of disqualifying child protective services activity.

4. Applicant or household member has a history of child protective services activity that is not automatically disqualifying but that history has an impact upon the fitness and suitability of the applicant to provide care for a child.

5. Applicant or other member of the household has a past or current history of substance abuse deemed to be currently detrimental to the care of children.

6. Applicant or other member of the household has a physical health or mental health condition that presents a health or safety risk to any child and may interfere with the caregiver's ability to provide satisfactory care.

7. The applicant may be denied if the child protective services check indicates that a child protective services investigation is pending or if there is a substantiated report of child abuse or neglect on any member of the household.

8. The biological parent or legal guardian of the child in care resides with the applicant.

9. Applicant fails to cooperate with the Department in its licensing process, including the falsification or omission of facts.

10. Applicant fails to comply with any of these regulations.

C. A Foster Care and Adoption license remains valid until licensing renewal, or as otherwise consistent with R.I. Gen. Laws § 42-72.1-5, unless the Department initiates licensing action for cause or the licensee voluntarily surrenders the license prior to that time.

3.6.3Variance and Waiver

The DCYF Director or designee may grant a variance or a waiver for a specific timeframe when the situation does not jeopardize the health, safety and well-being of the children in care.

3.6.4Revocation and Other Licensing Actions

A. Licensing actions include the following:

1. Requirement that the caregiver attend corrective or in-service training.

2. Limit on the number of foster and/or pre-adoptive children placed in a home.

3. Revocation of license.

B. A license may be revoked for the following reasons:

1. Caregiver or any household member is convicted of an offense or has an arrest that is pending disposition.

2. Caregiver or any household member has child protective services involvement deemed detrimental to the care of children.

3. Caregiver or any household member poses an immediate safety risk to the child in care.

4. Caregiver does not protect a child from physical or emotional harm due to failure to provide adequate supervision appropriate to the child's needs and level of development.

5. Caregiver or any other member of the household threatens to harm a child.

6. Caregiver fails to cooperate with the Department in its licensing process, including the falsification or omission of facts.

7. Caregiver fails to comply with any of these regulations or with any federal or Rhode Island law relating to the care of children.

C. Procedure for review relating to possible licensing actions

1. If there is reasonable cause to believe that there is imminent danger to the physical and/or emotional well-being of the child in care:

a. Concurrent with or subsequent to the removal, the caregiver is notified immediately of the decision to remove the child in care from the home.

b. Regardless of whether the child in care is removed from the home, the following protocol is followed when licensing action is considered:

(1) the licensing administrator sends notice by mail informing the caregiver that DCYF is considering a licensing action and provides notice of the facts that may warrant this action;

(2) the letter indicates a willingness to meet with the caregiver and provides a date and time for the meeting; and

(3) at the meeting, the caregiver is given opportunity to show cause why the action should not be taken.

c. If, after the meeting, the facts continue to appear to warrant licensing action, written notification of that licensing action is sent to the caregiver within 10 working days.

d. The caregiver is notified of his or her right to appeal the decision through an administrative hearing.

2. Subsequent to the initiation of licensing action by the Department, the caregiver may appeal the action in compliance with Department grievance procedures.

3.6.5Child Care Provider Seeking a Foster and Adoptive License

A. A family child care home provider is permitted to apply for a Foster and Adoptive License if the following criteria are met:

1. Applicant holds a family child care home license and does not have any violations of any licensing regulations for the past two years.

2. Applicant must demonstrate the ability to comply with Family Child Care Home and Foster Care and Adoption Regulations for Licensure.

3.6.6Appeal/Hearing

A. Any applicant for licensure or licensee may appeal any action or decision of a Departmental staff person, supervisor or administrator that is adverse to the status as an applicant or license holder.

B. Appeals are made in accordance with the Department's Complaints and Hearings policy.

3.6.7Renewal

A. A Foster Care and Adoption License is renewed every two years.

B. When requesting a license renewal, the caregiver must demonstrate compliance with these licensing regulations.

C. For licensing renewal approval, the caregiver must undergo an updated home study to include:

1. Home visit(s) from Department licensing staff;

2. Child protective services clearances on all household members;

3. Updated statewide BCI checks on all household members age 18 and older;

4. National criminal records checks (fingerprinting) for any household member age 18 and older with no national criminal record check documentation currently on file with the Department;

5. Updated health history; and

6. Home safety inspection.

214 R.I. Code R. 214-RICR-40-00-3.6