218 R.I. Code R. 218-RICR-70-00-7.2

Current through December 3, 2024

Section 218-RICR-70-00-7.2 - Licensing Provisions

7.2.1 Application Process

A. Orientation and Pre-service Training

1. An applicant interested in becoming a child care provider must contact the Department to formally enroll in an Orientation

2. The applicant must successfully complete Orientation and a course of Pre-Service Training, as determined by the Department, prior to submitting an application to the Department.

B. Initial Licensure

1. Each applicant, all adult household members and at least one (1) assistant/ substitute submit to and clear a Comprehensive Background Check that includes:

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.

d. In any circumstance where an individual lives or has lived outside of the State of Rhode Island in the previous five (5) years, out of State background checks are also required.

2. The applicant must submit an application, application fee (R.I. Gen. Laws § 42-12.5-5, payable to the Rhode Island General Treasurer), and required supplementary documentation about the home, the applicant and at least one assistant/substitute. The following documents are included in the application packet:

a. Medical references signed by a licensed physician for the applicant and any proposed assistants/substitutes stating that the individual has had a medical examination within the past twelve (12) months, is in good health and is able to care for children;

b. Criminal History Affidavits (Form #109) completed by the applicant and any proposed assistants; and

c. Employment History Affidavits (Form #108) completed by the applicant and any proposed assistants.

3. The applicant must participate in one (1) or more home visits by a Department representative to:

a. Ensure that the proposed program location is the residence of the applicant;

b. Assess compliance with these Regulations; and

c. Measure the program floor space to determine capacity.

4. Upon successful completion of the application process and issuance of a time-limited Provisional License, the licensee must demonstrate an operational program in order to meet the needs of the children served and demonstrate full compliance with these Regulations, in order to transition to a Regular License.

5. In order to obtain and maintain a Regular License, the program must demonstrate full compliance with the Regulations at all times

C. License Renewal

1. To maintain licensure as a Group Family Child Care Home provider, the licensee must submit a completed renewal application at least one (1) month in advance of the licensed expiration date.

2. When requesting a license renewal, the licensee must demonstrate continued substantial compliance with these licensing Regulations with no outstanding non-compliances.

D. Licensing Action

1. A license may be denied for:

a. Failing to comply with these Regulations

b. Providing falsified or misleading statements and/or documentation to the Department; and/or

c. Making efforts to deceive the Department.

2. A license may be denied and/or revoked for the following reasons:

a. Provider, assistant, substitute or adult member of the provider's household has been convicted of, or is serving an active probationary sentence, for a criminal offense, in accordance with § 7.2.1(B) of this Part above.

b. Provider, assistant, substitute or other permanent member of the provider's household has a history of DCYF involvement, in accordance with § 7.2.1(B) of this Part above.

c. Children in the custodial care of the provider, assistant or substitute have been adjudicated dependent, neglected, abused, wayward, or delinquent.

d. Provider, assistant or substitute has a documented history of chemical or alcohol abuse within the past seven (7) years.

3. If the licensee does not meet the requirements of the renewal process prior to expiration of the license, the existing Group Family Child Care Home license shall be considered expired. Until the licensee demonstrates successful completion of the renewal application process, they will not be licensed to provide child care.

7.2.2License Provisions

A. Provider Responsibilities;

1. The provider is responsible for adhering to the child care license which indicates the:

a. Physical residence of the program;

b. Dates of validity;

c. Maximum number of children; and

d. Any limitations or conditions of the license.

2. The licensed provider is responsible for compliance with the Regulations at all times, including the school year, summer and vacation programs, during stated hours of operation, or times when children are in care at the program.

3. The current license must be posted in a place that can be easily viewed by families and others upon entering the home.

4. If there are any inaccuracies on the printed license, the licensee is responsible to contact the Department to rectify the error.

5. The license is not transferable and is granted only to the designated licensee and is limited to the stated physical address.

6. Any changes to schedule or hours of operation must be communicated to the Department prior to the changes occurring. This includes closure for vacation or extended travel. The communication must include specific dates and changes to operation.

7. When the operation of a Group Family Child Care Home is discontinued, the licensee must provide the Department's licensing unit with written notification at least thirty (30) days prior to closure.

B. Changes to the License

1. If a licensee moves, the licensee must notify the Department by completing the "Change of Address" process four weeks in advance of starting child caring operations at the new residence, which includes:

a. Submission of the application, fee, applicable home inspections; and

b. An updated home visit from the Department to determine capacity and assess compliance with these Regulations.

c. Upon notification to the Department in a timely manner, a thirty (30) day temporary certificate may be issued at the new address pending the review and issuance of the license at the new address by the Department.

d. Failure to notify the Department of a change of address resulting in the operation of the program moving without prior approval of the Department may lead to the suspension or revocation of the license.

2. If the permanent household composition changes or there are any changes to the assistants or substitutes, the licensee must notify the Department immediately and comply with any additional background checks, home visits, and other documentation as applicable.

C. Monitoring

1. The license entitles the Department's Licensing Administrator or designee and the Office of the Child Advocate or designee:

a. The right of entrance;

b. The privilege to inspect and access all files to determine compliance with these Regulations; and

c. The right to investigate complaints.

2. Group Family Child Care Homes will have a minimum of one (1) unannounced monitoring visit per year.

D. Enforcement

1. If at any time, the licensee violates the terms of the license or application:

a. A Probationary License may be issued.

b. The Department may assess a fine pursuant to R.I. Gen. Laws § 42-12.5-6 (g).

c. A Plan of Corrective Action with designated timelines for remediation may be required;

d. The Department may pursue administrative, civil and/or criminal remedies according to applicable Rhode Island General Laws.

2. A license may be suspended, or revoked for:

a. Failure to comply with these Regulations;

b. Providing falsified or misleading statements and/or documentation to the Department;

c. Making efforts to deceive the Department;

d. Closure of the program, beyond scheduled vacations/holidays that is not communicated to the Department; and/or

e. If the licensee does not meet the requirements of the renewal process prior to expiration of the license, the existing Group Family Child Care Home license shall be considered expired.

(1) The licensee will not be licensed to provide child care until they demonstrate successful completion of the renewal application process.

3. If the Department's Licensing Administrator or designee finds the home to have non-compliances related to the public health, safety or welfare of children served in the home, the Department will take emergency action and may order summary suspension of the license and all its activities, pending proceedings for revocation or other action in accordance with R.I. Gen. Laws §§ 42-35-14(C) and 42-12.5.-6

4. If the Department takes licensing action to suspend or revoke the license, the program is obligated to:

a. Post the Department's notification of this action in a prominent location near the program entrance.

b. Notify the parents/guardians of enrolled children about the reasoning and timing of the licensing action.

c. Provide the Department with the names and contact information for parents/guardians of enrolled children, upon request.

7.2.3Variance and Waivers

A. A licensee may apply, in writing, for a variance or waiver to a Regulation provided that the variance or waiver in no way jeopardizes the health, safety or well-being of the children.

B. A variance or waiver is not valid until the licensee receives written approval from the Department's Licensing Administrator or designee.

C. The conditions and term of the variance or waiver may not change without written approval from the Department's Licensing Administrator or designee.

D. The term of the variance or waiver is limited to the term of the period prescribed by the Department's Licensing Administrator and shall not exceed the license period. The variance or waiver will be reevaluated on a case-by-case basis by the Department upon renewal.

E. At the end of the variance or waiver term, the licensee must demonstrate compliance with all current Regulations.

7.2.4Licensing Violations and Complaints

A. Any complaint, which alleges a violation of these Regulations, will be referred to the DHS Licensing Unit for review, follow-up and corrective action, if deemed appropriate.

1. When a Group Family Child Care Home is found to be in violation of these Regulations, the Department's Licensing Administrator, or designee provides written notice of the violation(s) to the provider. This written notice, or Corrective Action Plan, will establish a deadline for correcting the violation. The timeline for remediation will depend on the severity of the violation.

2. If the Group Family Child Care Home remains in violation at the end of the designated deadline, the Licensing Administrator, or designee will initiate 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 Group Family Child Care Home, will be referred to Child Protective Services for review and/or investigation.

7.2.5Procedure for Appeal/Hearing

A. Any applicant for licensure or license holder may appeal any licensing action by a Departmental staff person, supervisor or administrator that is adverse to the person's status as an applicant or license holder through the Executive Office of Health and Human Services' Appeals Process and Procedures for EOHHS Agencies and Programs, 210-RICR-10-05-2.

B. Any applicant for licensure or license holder, who has a right to pursue an administrative appeal, may seek an emergency stay of summary suspension through the Executive Office of Health and Human Services' Appeals Process and Procedures for EOHHS Agencies and Programs, 210-RICR-10-05-2.

7.2.6Dual Foster Care License and Group Family Child Care License

A. The provider may not hold dual licenses as a Supportive Living Arrangement (SLA) provider through the Department of Behavioral Healthcare, Developmental Disabilities amp; Hospitals, without direct, written approval, from the Department.

B. An individual seeking to hold both a Foster Care License and a Group Family Child Care Home license must demonstrate full compliance with both sets of Regulations.

C. The licensed capacity for the Group Family Child Care Home will be reduced in accordance with any other licenses to care for children or adults.

218 R.I. Code R. 218-RICR-70-00-7.2

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