214 R.I. Code R. 214-RICR-40-00-2.2

Current through December 26, 2024

Section 214-RICR-40-00-2.2 - LICENSING PROVISIONS

2.2.1APPLICATION PROCESS

A. Orientation and Pre-service Training

1. An applicant interested in becoming a child care provider must attend a DCYF Family Child Care orientation. During the orientation, the licensing application packet is given to the applicant.

2. Applicant must complete an approved Family Child Care training program prior to submitting application to DCYF.

B. Application Packet

1. The completed licensing application packet must be submitted to the DCYF Child Care Licensing Unit to initiate the Licensing process. An incomplete packet will be returned to the applicant.

a. Packet includes information for provider, assistants and emergency assistants.

b. Provider is responsible to ensure that assistants and emergency assistants complete information.

2. The following documents are included in the application packet:

a. Medical references signed by a licensed physician for the applicant and any proposed assistants, including emergency assistants, stating that the individual has had a medical examination within the past six months, is in good health and is able to care for children and is free from tuberculosis based on a negative (<10 mm induration) Mantoux (PPD) tuberculin skin test.

b. Notarized Criminal History Affidavits (Form #109) completed by the applicant and any proposed assistants, including emergency assistants, and evidence that they have been fingerprinted in accordance with DCYF Policy 900.0040: Criminal Records Checks.

c. Notarized Employment History Affidavits (Form #108) completed by the applicant and any proposed assistants, including emergency assistants, in accordance with Department Operating Procedure 100.0210: Employment Background Checks Facility Operators/Facility Employees.

3. Every application for DCYF licensure to operate a family child care home shall be accompanied by a fee, established in R.I. Gen. Laws § 42-72.1-5, payable to the Rhode Island General Treasurer.

C. Criminal Records Checks

1. The applicant and any proposed assistants, including emergency assistants, shall undergo statewide and nationwide criminal records checks, including fingerprinting. All members of the applicant's household must undergo a statewide criminal records check through the Attorney General's Bureau of Criminal Identification.

2. Criminal records checks are completed in accordance with Department Operating Procedure 100.0215: Criminal Records Checks.

a. This Policy includes a listing of criminal offenses that automatically disqualify an individual from seeking employment in a child care facility if that individual has been arrested and convicted or arrested pending disposition for one of the listed offenses.

b. Additionally, criminal history of any offense will be reviewed and based upon such review, an applicant with a conviction of an offense that is not automatically disqualifying may be denied licensure if it is determined by the Child Care Licensing Supervisor that the conduct of the applicant impacts upon the fitness and suitability of the applicant to provide child care.

3. Results of all required criminal records checks must be received prior to licensure for operator and household members and prior to employment for assistants and emergency assistants.

D. DCYF Records Checks

1. The applicant, members of the applicant's household and any proposed child care assistants, including emergency assistants, must undergo a DCYF records check in accordance with Department Operating Procedure 100.0155: Clearance of Agency Activity.

a. Department Operating Procedure 100.0155 includes a listing of indicated allegations of child abuse and/or neglect that automatically disqualify a person from operating or seeking employment in a child care facility.

b. Additionally, all agency involvement will be reviewed and based upon such review, an applicant with a history of DCYF involvement that is not automatically disqualifying may be denied licensure if it is determined by the Child Care Licensing Supervisor that the conduct of the applicant impacts upon the fitness and suitability of the applicant to provide child care.

2. Results of all DCYF records checks must be received prior to licensure for operator and household members and prior to employment for assistants and emergency assistants.

E. Fire and Health Inspections - The applicant's home where the child care will be provided shall be approved by a duly authorized fire inspector as being in compliance with the applicable section of the State Fire Code and by the Health Department as being in compliance with applicable health and safety standards.

F. Licensing Inspection - Prior to the issuance of a license, an inspection visit will be made by DCYF Child Care Licensing Unit staff to the applicant's home where the child care will be provided in order to determine compliance with these regulations.

2.2.2LICENSE

A. Upon successful completion of the above-stated requirements, a license shall be issued within 120 days and shall be valid for a period of two (2) years.

B. A license is issued to a designated Provider at that individual's home address and is not transferable.

1. Provider shall notify the Department at least thirty (30) days prior to any change of address.

2. Provider shall notify the Department immediately of any change in telephone number.

C. The license entitles the DCYF Director or designee and the Child Advocate or designee to be given the right of entrance, the privilege to inspect and access to all records in order to ascertain compliance with regulations and to investigate complaints.

D. Any person, not required by law to be licensed because that person will provide care for fewer than four (4) unrelated children for any part of a twenty-four (24) hour day, may voluntarily apply to the Department for licensure.

2.2.3VARIANCE

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

1. The child of a provider under the age of six (6) years who would otherwise be counted as part of the maximum capacity for children in the home during the time that child care is provided may not be counted as part of the maximum capacity if the provider presents evidence that the child is engaged in a pre-school program and/or child care arrangement during the hours that child care is provided in the home.

2. The child care provider who would otherwise be allowed to be out of the child care home for no more than 20% of the time may be allowed to be away from the home in excess of 20% of the time for a period of two weeks or less upon the presentation of evidence of illness, training or vacation.

3. Any other request for variance that does not jeopardize the health, safety and well-being of the children in care will be reviewed on a case by case basis and may be granted upon a finding of good cause.

B. An approved variance will contain a specified time frame and be subject to periodic review.

2.2.4LICENSING VIOLATIONS AND COMPLAINTS

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

1. When a family child care home is found to be in violation of these Regulations, the DCYF Licensing Administrator or designee sends written notice of the violation(s) to the provider. The Notice establishes a deadline for correcting the violation.

2. If the Family Child Care Home 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 family child care home, will be referred to Child Protective Services for review and/or investigation.

2.2.5DENIAL, REVOCATION OR SUSPENSION OF A LICENSE

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

1. Provider, assistant, emergency assistant 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 §2.2.1(C) of this Part above.

2. Provider, assistant, emergency assistant or other permanent member of the provider's household has a history of DCYF involvement, in accordance with §2.2.1(D) of this Part above.

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

4. Provider, assistant or emergency assistant has a documented history of chemical or alcohol abuse within the past seven years.

5. Provider, assistant or emergency assistant fails to comply with duly promulgated group child care home regulations.

6. Provider, assistant or emergency assistant has failed to comply with duly promulgated rules or engaged in fraudulent or other unlawful acts while acting as an agent of, or participating in, any other state or federally funded program.

B. If the DCYF Director or designee finds that the public health, safety or welfare requires emergency action and the Department incorporates such findings in an order, the Department may order summary suspension of the license or curtailment of activities as enumerated above, pending proceedings for revocation or other action in accordance with R.I. Gen. Laws § 42-35-14(c).

2.2.6PROCEDURE FOR APPEAL/HEARING

A. Any applicant for licensure or license holder may appeal any action or decision of a Departmental staff person, supervisor or administrator that is adverse to the person's status as an applicant or license holder.

B. All administrative appeals/hearings relating to licensing actions shall be held in accordance with Department Operating Procedure 100.0040, Complaints and Hearings.

2.2.7DUAL FOSTER CARE LICENSE AND FAMILY CHILD CARE LICENSE

A. A foster care provider will be permitted to apply for a Family Child Care Home License if the following criteria are met:

1. Applicant has held a Foster Care License for a minimum of one (1) year and is in good standing with no licensing violations.

2. Applicant must be able to demonstrate ability to comply with this Part and Part 3 of this Subchapter.

B. The decision to issue a Family Child Care Home License will be made by the Licensing Administrator.

C. The following stipulations will apply when a Family Child Care Home License is issued to a licensed foster care provider:

1. Foster Care License will be limited with regard to the numbers and ages of foster children allowed.

2. Foster children will be counted in determining the total number of child care children allowed in the home.

3. Child care payment will not be made for foster/kinship children in the family child care home or in any other child care facility.

2.2.8LICENSE RENEWAL

A. DCYF Child Care Licensing Unit provides renewal application packet to Family Child Care Home Provider six (6) months prior to the expiration of the current license.

1. Packet includes renewal information for provider, assistants and emergency assistants.

2. Provider is responsible to ensure that assistants and emergency assistants complete renewal information.

B. Family Child Care Home Provider is required to do the following for renewal of license:

1. Submit the completed renewal application and application fee to the Licensing Unit at least four (4) months prior to the license expiration.

a. This allows sufficient time to complete the process.

b. If the renewal process is not completed by the expiration of the license, the Child Care Licensing Unit will terminate the renewal process and the Family Child Care Home will no longer be licensed to provide child care.

2. Show evidence of current certification in CPR/First Aid training.

3. Provide documentation regarding completion of General Equivalency Diploma (GED), if applicable (refer to §2.3.2(A) of this Part below).

4. Show evidence of liability insurance coverage for the child care program.

5. Ensure that medical reference has been completed.

6. Provide documentation that required training has been completed (refer to §2.3.2(A) of this Part below).

7. Provide documentation that the home has been tested for radon and found safe.

8. Provide documentation that the home complies with recommendations developed pursuant to R.I. Gen. Laws § 23-24.6-14 (Lead Poisoning Prevention Act) and regulations developed in accordance with this statute.

9. Provide results of fire inspection.

10. Undergo a statewide criminal records check.

11. Undergo a DCYF agency clearance.

12. Undergo a License Renewal Inspection - Prior to the renewal of license, DCYF Child Care Licensing staff will make an inspection visit to the applicant's home where the child care will be provided in order to determine compliance with these regulations.

C. Assistant is required to do the following at the time of license renewal:

1. Submit the following renewal information to Provider:

a. Medical reference

b. Evidence of current certification in CPR/first aid training

c. Documentation that required training has been completed (refer to §2.3.2(B) of this Part below).

2. Undergo a statewide criminal records check.

3. Undergo a DCYF agency clearance.

D. Emergency Assistant is required to do the following at the time of license renewal:

1. Submit renewal information and medical reference to Provider.

2. Undergo a statewide criminal records check.

3. Undergo a DCYF agency clearance.

214 R.I. Code R. 214-RICR-40-00-2.2