Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 2 - Family Child Care Home Regulations for Licensure (214-RICR-40-00-2) › Section 214-RICR-40-00-2.3 - LICENSING STANDARDS

Current through June 14, 2024
2.3.1
NUMBER
				 OF CHILDREN IN CARE AND THEIR SUPERVISION
A. A family child care home provider, who is
				 caring for children without an assistant, shall care for no more than six (6)
				 children at any time.
B. If a
				 provider, who is caring for children without an assistant, cares for children
				 under the age of eighteen (18) months, there shall be no more than four (4)
				 children under the age of six (6) years, and of these four (4) children, no
				 more than two (2) shall be under the age of eighteen (18) months.
C. A provider who has a full-time assistant
				 shall care for no more than eight (8) children at any time. Of these eight (8)
				 children, no more than four (4) shall be under the age of eighteen (18)
				 months.
D. Maximum number of
				 children for child care when there are children living in the home
1. Children under six (6) years of age who
				 live in the home shall be counted in determining the maximum number for
				 licensure.
2. More than two (2)
				 children between six (6) and twelve (12) years of age who live in the home and
				 are present for four (4) consecutive hours or more during the period that child
				 care is provided shall be counted in determining the maximum number for
				 licensure. Exceptions may be made for snow days, sick days, holidays and one
				 (1) week school vacations.
3. To
				 determine the adult/child ratio, children of assistants shall be counted in the
				 appropriate age groups when in care in the home.
E. Provider Time Out of the Home
1. Without an approved assistant, a provider
				 shall be on the premises, directly supervising the children, at all times when
				 children are in care.
2. If
				 provider has an approved assistant, provider may be out of the home 20% of the
				 total work week (20% of forty (40) hours equals eight (8) hours per week), not
				 to exceed fifteen (15) hours, leaving the children under the direct supervision
				 of the assistant.
3. Provider may
				 be out of the home due to health related appointments or classes/training
				 related to child care that cannot be scheduled when child care is not being
				 provided. The provider shall have the appropriate number of assistants to meet
				 the required adult/child ratios as stated in §§2.3.1(A) through (C) of this Part above.
4. When a provider will be out of the home,
				 the parents/guardians of the children in care shall be notified and provided
				 with the names of the approved assistants who will be caring for the
				 children.
F. Provider
				 shall be responsible for the supervision of assistants and shall ensure that
				 assistants are directly involved with the care of the children. Written work
				 schedules shall be maintained for provider and assistants.
G. Provider shall have a plan for handling
				 emergencies and shall have at least two (2) individuals, who have been approved
				 as emergency assistants, readily available to be called upon for child care
				 assistance in the event of an emergency. At least one emergency assistant shall
				 be no more than ten (10) minutes away from the child care home.
1. If a provider utilizes another provider as
				 an emergency assistant, the adult/child ratios as stated in A through C above
				 shall be maintained.
2. An
				 emergency is defined as an unplanned absence from the home because of illness
				 or accident. It is meant to be of short duration, generally lasting no more
				 than a few hours, but shall not extend beyond three (3) consecutive working
				 days.
3. Provider shall notify the
				 Department of any change in emergency assistants.
4. Provider shall inform the
				 parents/guardians of the children in care of the names of the emergency
				 assistants.
H. Provider
				 shall work no more than fifteen (15) hours in a twenty-four (24) hour period,
				 including child care and any other employment. The provider shall be awake
				 during the hours that child care is being provided.
I. Children shall be under the direct
				 supervision of the provider and/or assistant(s) at all times. The provider
				 and/or assistant(s) shall supervise all aspects of the program, including
				 toileting, resting or sleeping, eating and outdoor play.
1. Children shall not be under the care or
				 supervision of family members who have not been approved as assistants or
				 emergency assistants.
2. Children
				 shall not be under the care or supervision of a visitor nor shall they be left
				 alone with a visitor.