214 R.I. Code R. 214-RICR-40-00-4.2

Current through December 3, 2024

Section 214-RICR-40-00-4.2 - LICENSING PROVISIONS

4.2.1APPLICATION PROCESS

A. The application packet is obtained from the DCYF Licensing Unit. A separate application must be filed for each proposed Facility.

B. The completed licensing application packet, in accordance with §4.2.1(C) of this Part below, must be submitted to DCYF Licensing to initiate the Licensing process. An incomplete packet will be returned to the applicant.

C. The application packet consists of the following:

1. Facility Licensing Application and Checklist

a. The application must be fully completed and signed by the chief executive of the applying agency.

b. All information listed on the checklist must be provided.

2. Documentation of fiscal responsibility evidencing sound financial structure and ability to meet the operating needs of the Facility

3. Fire Safety inspection approvals or other evidence of compliance with the Food and Drug and Health and Safety Acts, R.I. Gen. Laws Titles 21 and 23 respectively, and any related regulations

4. Agency Charter or Articles of Incorporation

5. Documentation of Federal Tax Exempt Status

6. Certificate of Occupancy or other evidence of compliance with the State Building Code for new construction or change of use

7. Documentation of any national accreditations and any other licenses

8. Report of any community notification

9. DCYF clearances (Form #035A) and results (Form #171) on all operators, employees and board members (refer to Department Operating Procedure 100.0155, Clearance of Agency Activity)

10. Criminal History Affidavit (Form #109) and statewide and nationwide, including fingerprinting, criminal records checks (refer to Department Operating Procedure 100.0215, Criminal Records Checks) on all operators and employees and Form #109 and statewide criminal records checks on board members

11. Employment History Affidavit (Form #108) (refer to Department Operating Procedure: 100.0210, Employment Background Checks Facility Operators/Facility Employees) on all operators and employees

12. Disaster and Emergency Response Plan

13. Behavior management and crisis intervention, restraint and seclusion policies

14. Identification of crisis intervention and restraint model to be utilized in the Facility

15. Documentation of completion of training in crisis intervention, restraint and seclusion and certification in First Aid and CPR

16. Documentation of licensure of the clinical supervisor or clinical director, confirming that the clinician is a licensed practitioner of the healing arts

D. Preliminary site evaluation is performed by DCYF licensing staff

4.2.2DETERMINATION

A. Upon receipt of a completed License application packet, the Licensing Division will take one of the following actions within ninety (90) days:

1. Issue a license.

2. Issue a Provisional License to a Facility not previously licensed in accordance with R.I. Gen. Laws § 42-72.1-5.

3. Issue a Probationary License which sets forth terms of remediation as prescribed by R.I. Gen. Laws § 42-72.1-5.

4. Deny the application (refer to § 4.5 of this Part (APPEAL/HEARING) below).

B. If a License is issued, the License remains valid from the date of issue to its expiration in one (1) year, or as otherwise consistent with R.I. Gen. Laws § 42-72.1-5, unless DCYF initiates licensing action for cause or the Facility voluntarily surrenders the license prior to that time.

4.2.3VARIANCE

A. The DCYF Director or designee may grant a variance to a regulation upon the submission of a written request setting forth the circumstances requiring the variance and demonstrating good cause for the variance to be granted.

B. A variance may be granted when the situation does not jeopardize the health, safety and well-being of the children in care.

C. An approved variance will contain a specified time frame, not to exceed ninety (90) days, and is subject to review and renewal.

4.2.4LICENSING VIOLATIONS AND COMPLAINTS

A. Any complaint, which alleges a violation of these regulations will be referred to the DCYF Licensing Division for investigation.

1. When a Facility is found to be in violation of these regulations, the DCYF Licensing Administrator or designee sends written notice of the violation(s) to the chief executive of the Facility. The notice establishes a deadline for correcting the violation.

2. The chief executive of the agency sends a corrective action plan to the Licensing Administrator or designee.

3. If the Facility fails to comply with the time frame, the chief executive of the agency sends a written explanation for the delay to the Licensing Administrator or designee with a request for an amended time frame. This request must be received within twenty-four hours of the deadline.

4. The Licensing Administrator or designee may either accept or reject the request in writing.

5. If the Facility remains in violation at the end of the designated time frame, the Licensing Administrator or designee initiates action to suspend, revoke or continue the license on Probationary Status.

B. Any complaint, which alleges that a child has been abused and/or neglected in a Facility will be referred to Child Protective Services.

4.2.5APPEAL/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. All administrative hearings for appeals relating to licensing violations or terms will be held in accordance with Department Operating Procedure 100.0040, Complaints and Hearings.

4.2.6LICENSE RENEWAL

A. The DCYF Licensing Unit provides a renewal application packet, which includes a compliance self-assessment report, to the Facility ninety (90) days prior to the expiration of the current License.

B. Applicant returns the completed renewal application packet to the Licensing Unit at least thirty (30) days prior to the license expiration.

C. Applicant provides documentation of fiscal accountability.

D. Applicant requests updated DCYF clearances through the DCYF Licensing Unit and obtains statewide BCI checks in accordance with Department Operating Procedure 100.0155, Clearance of Agency Activity and Department Operating Procedure 100.0210, Criminal Records Checks and includes results in personnel file.

E. DCYF conducts site inspection and records review prior to the expiration of the current license in order to determine compliance with the regulations.

214 R.I. Code R. 214-RICR-40-00-4.2