214 R.I. Code R. 214-RICR-40-00-5.3

Current through December 3, 2024

Section 214-RICR-40-00-5.3 - ADMINISTRATION AND ORGANIZATION

A. Governing Body

1. An agency shall be operated by an individual or a corporation.

2. An agency shall have a governing body which is responsible for its continual compliance with licensing requirements and conformity with the provisions of its charter.

3. The names of any and all members of the governing body shall be supplied to the licensing agency.

4. An agency shall apply for and maintain licenses for any child care program it operates.

B. Statement of Purpose

1. The agency shall have and conform to a written statement of its child placing philosophy, purpose and program.

2. The statement shall contain:

a. types of children to be placed, and eligibility requirements for placement;

b. description of all services the agency provides to the child and family before, during and after placement; and

c. the methods of service delivery.

3. This statement shall be made available upon request.

C. Organizational Table

1. The agency shall maintain a current organizational table which accurately reflects the structure of authority, responsibility and accountability within the program.

D. Operations

1. The licensee shall

a. meet with the licensing authority upon request;

b. contact the Department prior to the establishment of a new agency or the changing of a licensed program;

c. make such reports to the Department as may be required to demonstrate that the requirements for licensure are met;

d. provide written notification within thirty (30) days to the Department of changes in administrative and professional personnel, program direction, and admissions criteria; and

e. notify the licensing authority and the child's parent(s) or guardian(s) immediately in the event of the death of a child in its care.

2. The licensee shall provide a safe and suitable office facility, including space for privacy and a reasonable degree of comfort for the convenience of clients.

3. The agency shall make available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.

E. Protection of Privacy

1. The privacy of the child and his/her family shall be protected.

2. The identity of a child used in any form of publicity shall be given only if a positive value accrues to the child.

3. The written consent of a parent or guardian, and the child, where applicable, shall be obtained prior to using a child or picture of a child in any form of publicity.

F. Research

1. An agency shall not use any child in any research without submitting a description of the proposed research and its purpose to the Department, and receiving the approval of the Department for such research.

2. Statistical research is permitted, provided that a child's identity is masked through all phases of research.

3. An agency shall establish a human rights committee to monitor and approve any research, if required by the Department.

G. Fundraising

1. Children shall not participate in fundraising activities without the express written prior permission of the Department.

H. Finances

1. Fees

a. The agency, if it charges fees, shall have a written policy on fees and a rate chart explaining fees.

b. The policy shall describe the relationship between fees and costs of services provided and the conditions under which fees are charged or waived.

2. Accountability

a. The licensee shall develop and implement a plan of financing necessary for the operation of the agency in carrying out its programs, assuring proper care for children; and

b. The licensee shall obtain an independent audit of all its financial accounts. Non-governmental agency audits shall be conducted annually by an independent certified public accountant who is not administratively related to the agency. Agencies operated by governmental units shall have audits conducted as required by statute.

I. Children's Records

1. A confidential record shall be maintained for each individual child placed or served by the agency.

2. A child's records shall be secure against loss, tampering and unauthorized use.

3. An agency shall ensure that its staff is aware of the need for protection of confidential information, whether written or oral.

4. An agency shall have a written policy regarding the release of information from the case record to the child, parent, guardian and their respective legal counsels.

5. An agency shall maintain a written record for each child, with uniform content and format and including but not limited to the following:

a. the name, sex, birth date and birthplace of the child;

b. the name, address, telephone number and marital status of the child's parent or guardian;

c. the name, address, telephone number, and relationship to the child of the person with whom the child was living prior to admission, when the child was not living with his/her parent;

d. source of referral, referral documents, and placement date, as appropriate;

e. current custody and legal guardianship status;

f. written consent forms from the parents, guardian, or court authorizing placement and the provision of medical care;

g. written intake study, agency case plan, where appropriate, service plans and reviews of service plans;

h. social service notes on contacts with the child and family;

i. summary of services to the child's family;

j. summary of child/family relationships, where appropriate;

k. cumulative health records, including known allergies and medical conditions of the child;

l. educational records and reports;

m. treatment or clinical records and reports;

n. reports of special or critical incidents during placement or agency service; and

o. date of discharge, reason for discharge, and the name, address, and telephone number of the person or agency to whom the child was discharged; and discharge summary including aftercare plans.

J. Notification Required

1. The agency shall notify the Department and the parent or guardian immediately in any of the following instances:

a. A serious injury or illness involving medical treatment of a child;

b. The death of a child;

c. 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;

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

2. The agency shall have written procedures for its foster and pre-adoptive parents requiring them to notify the agency immediately in any of the following instances:

a. 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;

b. A serious injury or illness involving medical treatment of a child;

c. Any actual suicidal or homicidal attempt;

d. The death of a child;

e. Unauthorized absence of the child from the home;

f. Removal of the child 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 from school or involvement with police; and

i. A physician's order requiring a child to be force-fed or otherwise coerced to eat against his/her will.

3. The agency shall notify the Department by the end of the next working day of any fire requiring the services of a fire department within its facility or in any of its homes.

214 R.I. Code R. 214-RICR-40-00-5.3