214 R.I. Code R. 214-RICR-40-00-3.7

Current through December 3, 2024

Section 214-RICR-40-00-3.7 - LICENSING STANDARDS

3.7.1General Requirements

A. Family Composition

1. One or two adults as head of household may receive a Foster and Adoption License.

2. The total number of foster and pre-adoptive children does not exceed five. Each home's capacity to accommodate a foster or pre-adoptive child is assessed individually.

3. The total number of children in the household does not exceed seven, including biological, adopted, foster and pre-adoptive children.

4. Caregiver must not care for more than two children less than 2 years of age or four children less than 6 years of age at any time, to include all children in the home.

5. Caregiver must demonstrate the ability to meet the needs of all children living in the home.

6. Caregiver may not provide care for non-related adults and children.

7. Exceptions to these Family Composition requirements may be made to accommodate siblings in care.

B. Age

Caregiver is at least 21 years of age.

C. Health

Caregiver and any household member must not have a physical, behavioral or mental health condition that the Department determines may adversely affect the child in care or the child's care, as determined by §3.6.1(C) of this Part, Health History.

D. Income and Fiscal Management

1. Caregiver demonstrates that he or she is able to exercise appropriate fiscal management.

2. Caregiver uses the foster maintenance, birthday, clothing and holiday allowance/ payment solely to meet the individual needs of the child in care.

3.7.2Safety and Well-Being

A. General Safety Requirements

1. Caregiver's home and any structures on the property including outdoor recreation equipment are maintained in a clean, safe and sanitary condition and kept in a reasonable state of repair.

2. Caregiver's home and grounds are free of hazards to ensure the safety of a child and comply with all state and local codes and ordinances.

3. Garbage must be removed from the house on a regular basis and stored outside in covered containers or closed bags.

4. A child must be protected through the use of physical barriers or adult supervision from potentially hazardous outdoor areas, such as bodies of water, open pits or wells, cliffs or caves, high speed or heavily traveled roads and electrical equipment and machinery.

5. The residence must be adequately heated, safely lit, well ventilated, properly plumbed and have a continuous supply of safe drinking water.

6. Pools must be fenced according to local and state codes.

7. Bleach, cleaning materials and any poisonous or corrosive household chemicals must be stored in a safe area, inaccessible to a young child.

8. Prescription and over-the-counter drugs and alcohol must be stored out of reach of a child.

9. A child in care must not be exposed to second hand smoke in the caregiver's home or vehicle by any member of the provider family or visitor of that family.

10. All locking doors within the residence must be able to be unlocked from both sides.

B. Fire and Safety Inspections

1. Inspections required by these regulations are conducted by the Department or other authorities having jurisdiction. Issuance of a Foster and Adoptive License is contingent upon approval of the applicant's residence in accordance with state fire and building codes.

2. Caregiver must grant Department Licensing staff access to all areas of the home and property for a visual inspection.

3. Foster homes must be equipped with a smoke detector system and carbon monoxide detectors. Smoke detectors are located in all common hallways.

a. Single and two family homes must be equipped with a battery pack or hard-wired smoke detector system.

b. Three family apartment homes must be equipped with smoke and carbon monoxide detectors that either are hardwired or wireless units.

C. Emergency and Disaster Procedures

1. Caregiver must have an approved written disaster and emergency response plan for the household in the event of an emergency.

2. Caregiver contacts the Department as soon as possible after a disaster. If the emergency is after business hours or during the weekend, or if the caregiver is unable to reach staff during normal business hours, the caregiver contacts the CPS Hotline.

D. Lead Paint Safety

1. Caregiver's residence must comply with statutory lead inspection and abatement requirements for private residences consistent with state law.

E. Firearm and Weapon Safety

1. The Department must be informed if a resident of the household owns or possesses any firearm. Possession or ownership of firearms must conform to state and local laws.

2. Any firearm, air rifle, hunting slingshot, other projectile weapon, or self-defense weapons (e.g. pepper spray or taser) must be stored in a locked area inaccessible to a child.

3. Any ammunition, arrows or projectiles for weapons must be stored separately from the weapon or firearm in a locked space.

F. Telephones and Emergency Numbers

1. There must be a working telephone in the caregiver's home that is readily available for use in case of an emergency.

G. Pet Safety

1. Dogs, cats and other pets or domestic animals maintained on the premises must be kept in a safe and sanitary manner, according to state and local requirements.

2. Pets maintained on the premises must have up-to-date rabies vaccinations as appropriate.

3. A child must, according to his or her age and developmental level, be protected from animals that are potentially dangerous to the child's health.

H. Sleeping Arrangements

1. All bedrooms for children must have at least one window and one closing door and may be used only as bedrooms.

2. Living rooms, dining rooms and halls must not be used as bedrooms for a child in care or any other member of the household.

3. All rooms used as bedrooms must meet all state and local codes.

4. Each child must have his or her own bed of a type and size appropriate to the child's stage of development and approved by the Department.

a. No child under the age of six is allowed to sleep on the top bunk.

b. No child under the age of three is allowed to sleep on a waterbed or air mattress at any time.

5. Each infant, up to one year of age, must sleep in a safe environment in accordance with the American Academy of Pediatrics (AAP) SIDS and Other Sleep-Related Infant Deaths: Updated 2016 Recommendations for a Safe Infant Sleeping Environment.

6. Except for a child under the age of one year, sufficient sleeping space must be available so that no child in the household shares the bedroom with any adult.

7. Except for a child under the age of one year, space is provided within the bedroom for the child's personal possessions and for a reasonable degree of privacy.

8. A child three years of age or older must not share a bedroom with any child of the opposite sex except:

a. When it is necessary to facilitate the placement of sibling groups; or

b. To meet the needs of transgender or gender non-conforming youth.

9. No more than four children are permitted to sleep in one bedroom.

3.7.3Provision of Services

A. Caregiver Personal Characteristics and Abilities

1. Caregiver demonstrates the competence, interpersonal qualities and life experiences that enable him or her to provide quality care.

2. Caregiver meets the physical, emotional, social, developmental, treatment, educational, cultural and permanency needs of the child in care.

3. Caregiver provides the child with opportunities to engage in activities that are generally considered normal for the child's age and stage of development.

4. Caregiver encourages the youth to engage in extracurricular activities that promote well-being.

B. Confidentiality

1. Information about a child in care and his or her family must be held in confidence by the caregiver and any household member.

2. Caregiver must not allow photographs, sketches, videos, identifying information or names of children in care to be shared with anyone other than immediate family members or used in any material that will be available to the public. This includes the internet, caregiver's social media networks, television and any publication such as a newspaper, newsletter or magazine.

C. Supervision

1. Each child must be supervised at all times in a manner appropriate to the child's needs and level of development.

2. When the caregiver is absent from the home for any reason, the caregiver applies the reasonable and prudent parenting standard to determine the appropriate supervision needs of the child.

a. Overnight sitters must be at least 18 years old.

b. If the absence of the caregiver is on a regular basis, the child care arrangements must be approved by the Department.

D. Behavior Management

1. Caregiver uses discipline solely to teach a child appropriate behavior in a manner consistent with the child's age and developmental level.

2. Discipline must be:

a. Individualized and consistent for each child;

b. Appropriate to the child's level of understanding; and

c. Directed toward teaching the child acceptable behavior and self-control.

3. There must be no harsh, cruel or unusual treatment of any child. Discipline methods to include, but not limited to the following, is prohibited:

a. Corporal punishment or threats of corporal punishment;

b. Punishment associated with food, naps or toilet training;

c. Pinching, shaking or biting a child;

d. Hitting a child with a hand or instrument;

e. Putting anything in a child's mouth;

f. Humiliating, ridiculing, rejecting or yelling at a child;

g. Subjecting a child to harsh, abusive or profane language;

h. Placing a child in a locked or dark room, bathroom or closet; and

i. Requiring a child to remain silent or inactive for inappropriately long periods for the child's age.

E. Transportation

1. Caregiver must have access to reliable transportation to ensure that the child in care has access to school, community services and the Department.

2. Any vehicle used to transport a child must be maintained in a safe condition and in compliance with state motor vehicle laws.

3. A child transported in a motor vehicle must be in an appropriate child safety restraint or seat belt, in accordance with federal and state law.

4. A child must be transported in vehicles covered by liability insurance.

5. Anyone who transports a child must have a valid driver's license.

F. Medical Care

1. Caregiver informs the Department of any medical care or treatment provided to the child in care.

2. Caregiver arranges for the child in care to receive timely medical care by a licensed practitioner to include routine and periodic examinations, vaccinations, prescribed treatment, vision and dental care with annual examinations and any follow-up treatment.

3. Except in emergencies, the caregiver makes no decisions regarding major medical or surgical intervention, including the use of psychotropic medication, without the prior approval of the Department.

G. Education

1. Caregiver ensures that the child in care continues to attend his or her school or the caregiver enrolls the school age child in care in an appropriate school within five school days of the child's placement into the home as indicated by the Department.

2. No child in care is to be home-schooled.

H. Children's Money

1. Money earned, received as a gift or received as an allowance is the child's personal property.

2. Caregiver provides a child in care above the age of five years a reasonable allowance at least weekly.

3. Caregiver does not require a child in care to assume any part of the expenses relating to his or her care.

I. Visitation and Contacts

1. The caregiver supports visitation between the child in care and his or her family as outlined in the child's service plan.

2. Reasonable opportunity is provided for the child to use the caregiver's home telephone to contact family and friends.

3. Caregiver must not restrict or censor correspondence to or from the child in care, except in accordance with the child's service plan.

J. Religion

1. The caregiver must not require or deny any religious observance or practice of a child in care, except upon the written request of the parent or guardian.

2. Caregiver must notify and receive approval from the Department before any change is made in the religious affiliation of a child in care.

K. Employment and Household Chores

1. The child in care is not forced to work nor denied the opportunity to work.

2. A child in care is not required to perform household chores in a manner dissimilar to any other child in the household of similar age or ability.

L. Clothing

1. Caregiver ensures that each child has clean, well-fitting and seasonal clothing that is age and gender appropriate.

2. The child is permitted to take all of his or her clothing upon leaving the caregiver's home.

3. In the event of an unplanned discharge, the caregiver makes reasonable provisions to protect the child's property.

4. All monies provided by the Department for clothing for a child in care must be expended exclusively on clothing for that child.

5. If the child leaves the home prior to receiving the clothing allowance check, the caregiver must return the check to the Department.

M. Personal Belongings

1. A child in care is allowed to bring personal belongings to the caregiver's home.

2. Caregiver makes reasonable provisions for the protection of a child's property.

3. Caregiver ensures that the child in care is provided with his or her personal belongings when the child departs the caregiver's home.

N. Personal Hygiene

1. The caregiver ensures that each child has the necessary articles for his or her own use to maintain personal hygiene.

2. The caregiver ensures the proper hygiene of a child in care that is unable to maintain hygiene on his or her own.

O. Social and Recreational Activities

1. The caregiver provides regular opportunity for social and recreational activities that are appropriate to the age and abilities of the child in care.

2. The caregiver makes reasonable and prudent parenting decisions regarding a child's participation in social and recreational activities. The Department's prior approval of such decisions is not required.

P. Meals

1. The caregiver provides the child in care with a minimum of three well-balanced and nutritious meals each day at regular times.

2. The caregiver must not exclude the child from family meals.

3. The caregiver provides for any special dietary needs for the child as determined by a proper medical authority or dictated by the child's religion or culture.

4. Meals are never withheld as a punishment to the child.

Q. Required Notification

1. The caregiver notifies the DCYF primary worker prior to allowing any person to visit in the home for a period in excess of 24 hours.

2. The caregiver notifies the Department prior to making plans for the care of the foster or pre-adoptive child by another person for a period in excess of 48 hours.

3. The caregiver notifies the Department immediately in any of the following instances:

a. Death of a child.

b. Serious injury or illness involving medical treatment of a child.

c. Serious emotional or behavioral crisis that may endanger the child in care or others.

d. When a child has been subjected to alleged abuse or neglect or has been the alleged victim of assault or other physical or sexual abuse.

e. Unauthorized absence of the child in care from the home.

f. Removal of the child in care from the home by any person or agency other than the placing agency, or any attempts at such removal.

g. Any fire or other emergency requiring overnight evacuation of the premises.

h. Any exclusion of a child in care from school or involvement with police.

i. Any changes in the household composition.

j. Any pending criminal charges or arrests of the caregiver and/or any household member.

4. The caregiver informs the Department as soon as possible, but not more than five working days following any circumstance listed below:

a. Any serious illness or death in the household.

b. The permanent departure of any member of the household.

c. Any other circumstance or incident seriously affecting the child or the child's care.

5. The caregiver must contact the Department prior to permitting any media interviewing or photographing of a child in care.

6. The caregiver informs the Department at least four weeks prior to a planned move of residence.

7. Caregiver notifies the Department by the end of the next working day of any fire within the residence requiring the services of the fire department.

8. Caregiver notifies the Department within seven working days prior to taking the child in care out of state for more than 24 hours.

R. Removal Requests

1. If the caregiver wishes to request the removal of a child in care, he or she submits a written notice to the Department outlining the reasons why the child's removal is being requested, in accordance with Department policy, Request for Removal of Child from Foster Care Home.

2. The Department provides written notification to the caregiver regarding any decision to move a child in care from the home.

3. This notification is waived when the child in care is being moved due to safety issues in the placement, when removal has been court ordered, or the return of the child has been requested by a parent or guardian in accordance with the terms of a voluntary agreement.

214 R.I. Code R. 214-RICR-40-00-3.7