Section 218-RICR-70-00-7.1 - General Provisions7.1.1PurposeA. These Regulations contain the licensing requirements for Group Family Child Care Homes licensed by the Department of Human Services (hereinafter the Department). Child Care Licensing Regulations represent the foundation for Rhode Island's Quality Rating Improvement System (QRIS) and aims to ensure basic health and safety requirements are met by providers when delivering care to children. Granting a license indicates there is clear evidence that the residence and surrounding grounds are safe and that providers are appropriately trained to understand, and support, a child's healthy growth and development. The license provides assurance to both families and the community that children are cared for in a safe environment with age-appropriate activities, schedules, food, materials and equipment, and that providers encourage and facilitate learning opportunities to support children's physical, social, emotional and intellectual growth.7.1.2AuthorityA. R.I. Gen Laws § 40-13.2-2 - Qualification for Child Care Employment B. R.I. Gen. Laws § 42-12-23 - Child Care - Planning and CoordinatingC. R.I. Gen. Laws Chapter 42-12.5 - Licensing and Monitoring of Child Day Care providersD. R.I. Gen. Laws Chapter 42-72.11 - Administrative Penalties for Child Care Licensing ViolationsE. R.I. Gen. Laws Chapter 40-13.2 - Certification of Child Care and Youth Serving Agency Workers7.1.3Incorporated MaterialsA. These Regulations hereby adopt and incorporate the United States Consumer Product Safety Commission Standards, Outdoor Home Playground Safety guidelines, https://www.cpsc.gov/s3fs-public/324.pdf, updated 2005, by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.B. These Regulations hereby adopt and incorporate the United States Department of Agriculture (USDA), Child and Adult Care Food Program nutritional standards, 7 C.F.R. § 226.20 (2022). Requirements for Meals., by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.C. These Regulations hereby adopt and incorporate the United States Consumer Product Safety Commission Crib Safety Standards 16 C.F.R. Parts 1219 - 1220 (2022), https://www.ecfr.gov/current/title-16/chapter-II/subchapter-B/part-1219 by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.E. These Regulations hereby adopt and incorporate the Department of Health and Human Services, Child Care and Development Fund, 45 C.F.R. § 98.41(a)(1)(vii) (2023), Health and Safety Requirements, by reference, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these Regulations.7.1.4DefinitionsA. As used in this policy, the following terms have the meanings set forth herein, unless the context in which such terms are used clearly indicates to the contrary: 1. "Approved assistant" refers to a designated person who has applied, and been approved by the Department, to assist a provider in their licensed program with the care of children.2. "Capacity" means the maximum number of children permitted to be in a licensed Group Family Child Care Home at any one time.3. "Comprehensive Background Check" is an all-inclusive set of state and federal criminal background checks and child abuse and neglect registry checks that are required of the provider, all household members eighteen (18) years of age or older and assistants/substitutes who work or live within a licensed family child care program. Comprehensive Background Checks must be completed every five (5) years or as requested by the Department. The Comprehensive Background Check must include:a. State and national criminal and sex offender registries in accordance with R.I. Gen. Laws Chapter 40-13.2;b. Child abuse and neglect clearances, in accordance with R.I. Gen. Laws Chapter 40-13.2;c. Any additional background checks as required by state or federal law; andd. Out of state background checks in any circumstance where an individual lives or has lived outside of the State of Rhode Island in the previous five (5) years.4. "Department" means the Rhode Island Department of Human Services also referred to as DHS.5. "Department of Children, Youth and Families" or "DCYF" means the Rhode Island State child welfare agency with statutory responsibility for investigating allegations of child abuse/neglect, as well as licensing and regulating foster and adoptive homes, child-placing agencies, and children's behavioral health programs.6. "Enrichment visitor" means anyone who visits the home as part of a profession, business or a parent who is volunteering their time in the program.7. "Group family child care home" or "GFCCH" means a residence in compliance with local zoning regulations where the resident can provide child care for eight (8) to twelve (12) children with one (1) or two (2) approved assistants (dependent on enrollment details)8. "Household member" means any person using the group family child care home as their main residence for more than thirty (30) consecutive days. This includes minor and adult children, roommates, spouses, partners and foster or adopted children. Visitors using the family child care home as their main residence during holidays/vacations/extended vacations are also considered household members if staying for more than thirty (30) consecutive days.9. "Licensing unit" means the unit within the Department responsible for issuing Child Care Licenses and regularly monitoring those Child Care Licenses to ensure adherence to the Regulations.10. "Plan of corrective action" is a plan that is developed as a result of a noncompliant monitoring visit. This plan includes the specific non-compliance observed, a timeframe for correction and additional next steps needed to come into compliance.11. "Probationary license" is a license issued when a program is at risk for licensing action due to non-compliance with these Regulations. A probationary license results in more frequent unannounced monitoring visits as well as required participation in technical assistance to ensure future compliance.12. "Provisional license" means a new license that is provided to a child care program for the first six (6) months of operation. Once a monitoring visit has been completed and any non-compliances have been addressed, the license will become a regular license for the remaining eighteen months (18) months of the licensing period.13. "Program" refers to the services delivered which support the care, supervision and education of children enrolled by the provider during defined hours of operation.14. "Provider" means the person responsible for the daily operation of the program in compliance with these Regulations.15. "Social Visitor" means anyone who does not meet the definition of household member or enrichment visitor who may visit the group family child care home during operating hours.16. "Stable Groups" are defined as the same individuals, children and teachers, who are in the same group each day.a. Children shall not change from one group to another.b. Stable Groups must occupy the same space each day.17. "Substitute" refers to a designated person who has applied through an outside vendor, and been approved by the Department, to be in a licensed program caring for children when the provider is unable to care for the children during hours of operation. a. Substitutes do not replace the required number of assistants but may be used in addition or instead of an assistant for purposes of temporary coverage.18. "Summary suspension" is an immediate suspension of a license as a result of a significant non-compliance that causes imminent risk of harm to a child or children in care; or an event that impacts public health, safety or welfare that requires immediate action.19. "Usable floor space" means available space used by children for activities throughout the day. Only usable floor space will be factored into the measurement of program space.20. "Variance" means an administrative decision made by the Department that allows a child care provider to meet a standard for licensure in a manner other than what is specified in the Regulations. A variance is granted on a case-by-case basis only when the purpose of the licensing standard is achieved, and the safety of the child is maintained. Variances are time limited to the period of the license or such other time period as the Department shall designate. Variances are subject to reevaluation at any time.21. "Waiver" means an administrative decision made by the Department that allows a child care provider to be exempted from a standard for licensure. A waiver is granted on a case-by-case basis only when the purpose of the licensing standard is achieved, and the safety of the child is maintained. Waivers are time limited to the period of the license or such other time period as the Department shall designate. Waivers are subject to reevaluation at any time.22. "Weapons" are defined as any firearms, pellet or BB guns (loaded or unloaded), darts, bows and arrows, stun guns, tasers, paint ball guns, or objects manufactured for play as toy guns.218 R.I. Code R. 218-RICR-70-00-7.1
Amended effective 12/6/2019
Amended effective 6/16/2020
Amended effective 7/6/2021
Amended effective 9/2/2021
Amended effective 2/2/2022
Amended effective 6/20/2024