214 R.I. Code R. 214-RICR-40-00-5.2

Current through December 3, 2024

Section 214-RICR-40-00-5.2 - THE LICENSING PROCESS

A. Licensing Process

1. The Administrator of Licensing may allow a variance to a rule upon the submission of written request and documentation, providing that the variance in no way jeopardizes the health, safety and well-being of the child(ren) in care.

2. An agency shall not operate unless it is licensed by the Department.

3. An applicant for a license shall be an individual or a corporation.

4. An applicant for a license shall:

a. maintain an office and operational program within the state;

b. submit a completed application form to the Department;

c. submit a description of the geographical area to be served by the agency, and an explanation of the specific services it provides or proposes to provide;

d. submit to and assist in completing an inspection of all aspects of the agency and its programs by the Department; and

e. provide evidence of substantial compliance with the regulations contained herein throughout the term of the license, as determined by the Department; OR

(1) submit satisfactory evidence that it meets the current standards of a national accrediting organization approved by the Department; and

(2) at the Administrator's request, provide the following additional written documentation, including, but not limited to:

(AA) the philosophy of the agency

(BB) clientele to be served

(CC) services offered

(DD) programmatic descriptions

(EE) a listing of personnel and job duties

B. Licensing Limitations

1. An agency license permits the agency to receive children for care, to assess the social needs of children and their families to determine the appropriate treatment and placement of children, and to supervise out-of-home placements for children.

2. A license is valid from the date of issue and expires one (1) year from the date of issuance, unless otherwise specified; or unless revoked or otherwise invalidated by the Department; or voluntarily surrendered by the agency. A grace period can extend the term of a license by ninety (90) days pending reevaluation.

3. An agency may be issued a provisional license for a period not to exceed six (6) months for a program, not previously licensed.

4. An agency may be issued a conditional license which places specific restrictions on the license.

5. An agency may be issued a probationary license which sets forth the terms of remediation and which shall not exceed a period of twelve (12) months.

6. The license may include a provision to certify foster homes.

7. The license may include a provision to place children in approved adoptive homes.

8. An agency shall not operate a child care program without obtaining an appropriate child care license.

C. Evidence of Ability to Comply with these Regulations

1. An agency, as an applicant or as a licensee, its corporation board members, its officers, agents and employees shall demonstrate an ability to offer placement or adoption services in substantial compliance with these regulations. Ascertainment of substantial compliance with these regulations shall include but is not limited to the following:

a. the status of any out-of-state child caring or placing licenses held by the agency;

b. the status of any other application by the agency for child placing licenses;

c. the status and nature of any administrative, civil or criminal action ever brought with respect to the provisions of child placing services by the agency, its officers, agents or employees;

d. the status and nature of any state or federal agency's investigation of the agency, its officers, agents, or employees with respect to the provision of child placing services;

e. the status and nature of any written communications expressing satisfaction or dissatisfaction with the agency as an applicant or as a licensee in its provision of child placing services;

f. whether an agency, its officers, agents or employees:

(1) are under indictment or have been convicted of any offense listed in 214-RICR- 10-00-1 § 1.8; or

(2) have been fined or are subject to any agreement resulting from any administrative or civil action pertaining to their professional care of children; or

(3) have been denied or have had a license revoked pertaining to the professional care of children.

214 R.I. Code R. 214-RICR-40-00-5.2