reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.18 - Administrative Review

Current through June 14, 2024
A. The Department
				 establishes a permanency goal for each child in out of home placement and
				 monitors permanency planning through ongoing strength-based assessments of the
				 family and regularly scheduled Administrative Reviews.
B. The Administrative Review is a structured
				 discussion of family status, facilitated by an Administrative Review Officer
				 (ARO), to independently evaluate the safety and well-being of and progress
				 toward permanency for each child in an out of home placement.
C. The ARO facilitates Administrative Reviews
				 in collaboration with the Department's Family Service Units, Juvenile
				 Probation, and in partnership with families, stakeholders, community providers,
				 and the Family Court.
D. The
				 initial Administrative Review is convened six (6) months from the date of
				 placement. A subsequent review is conducted by the Family Court during its
				 twelve (12)-month permanency hearing. If a child remains in placement, the ARO
				 convenes a review at eighteen (18) months and the Family Court conducts a
				 subsequent review at twenty-four (24) months at a permanency hearing.
E. A review may be rescheduled and convened
				 within thirty (30) days of the initial scheduled date to meet the needs of the
				 family or the Department.
F. The
				 Administrative Review provides the opportunity for the assessment of each
				 child's status to:
1. Determine the safety of
				 the child, the continuing need for and appropriateness of placement, and to
				 ensure that both in and out of state permanent placement options are
				 considered;
2. Determine the extent
				 of compliance with the current service plan;
3. Determine the extent of progress made
				 toward alleviating or mitigating the causes necessitating the
				 placement;
4. Project a likely date
				 by which the child may be returned and safely maintained at home or placed for
				 adoption or legal guardianship; and
5. Obtain the child's view on his/her
				 permanency or transition plan.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.19 - Missing Children/Runaways

Current through June 14, 2024
A. Department staff,
				 providers, and law enforcement work collaboratively to ensure that children
				 identified as absent or missing from their living arrangement are located
				 immediately, assessed for potential exploitation, receive the appropriate
				 services and supports if necessary and have the current placement evaluated to
				 ensure that the child or youth is placed in the most appropriate and supportive
				 setting that maintains the child or youth's safety. Once any missing/runaway
				 child or youth is located, the Department assesses the youth to determine the
				 primary factors that contribute to the child or youth's running away, and the
				 child or youth's experiences while absent from care.
B. A child or youth is determined to be
				 missing when he/she cannot be located within:
1. one (1) hour for children age birth to
				 thirteen (13);
2. one (1) hour for
				 youth of any age determined to be high risk, as defined in §
											1.5(L)     of
				 this Part, or
3. within twenty-four
				 (24) hours for youth fourteen (14) years and older.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.20 - Adoption

Current through June 14, 2024
A. Adoption is the preferred permanency
				 option when it is not possible for a child to return to his or her family. The
				 adoptive parent provides the child with the same legal rights and protection as
				 a birth parent. The adoptive parent permanently assumes all parental rights and
				 responsibilities regarding the child.
B. At the eleventh (11th) month, or when
				 adoption becomes the primary service plan goal through the termination of
				 parental rights (TPR) filing, court ordered goal change to adoption, or direct
				 consent is obtained, the child is registered with the state's adoption
				 exchange.
1. When the TPR petition is filed
				 in Family Court, in accordance with the Adoption and Safe Families Act
				 guidelines, the service plan goal for a child changes to adoption and the
				 Department documents efforts to obtain a permanent family.
2. The Department moves toward adoption as
				 expeditiously as possible while continuing to safeguard the rights and address
				 the needs of all parties.
3. When a
				 child is placed with a relative, the Department is obligated to give priority
				 for permanent placement or adoption to that relative if it is in the best
				 interests of the child.
4. The
				 Department determines whether the foster family is a permanent resource family
				 for the adoption of the child. If not, the Department, in collaboration with
				 community adoption resources, identifies a family and initiates a schedule of
				 pre-placement visitation allows the child and the prospective adoptive parent
				 an opportunity to get to know each other prior to placement.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.21 - Legal Guardianship and Kinship Guardianship Assistance

Current through June 14, 2024
A. Legal guardianship provides the caregiver
				 with the legal authority to make decisions on behalf of the child, the ability
				 to care for the child without Department involvement, the opportunity to
				 provide a safe and stable environment for the child without terminating
				 parental and provides a permanency option for children for whom adoption may
				 not be optimal.
B. If the
				 prospective legal guardian resides out-of-state, the caregiver is approved
				 through the Interstate Compact of the Placement of Children (ICPC).
C. If legal guardianship is in the best
				 interest of a child who does not meet all criteria for the kinship guardianship
				 assistance program, administrative approval to proceed with legal guardianship
				 may be granted for good cause.
D. A
				 written agreement between the Department and the caregiver outlines the rights
				 and responsibilities of the caregiver, the terms and the amount of the kinship
				 guardianship assistance and any services for which the child is eligible
				 following the establishment of legal guardianship. There is an annual review of
				 the kinship guardianship assistance.
E. A youth who obtains permanency through
				 guardianship on or after their 16th birthday and before their 18th birthday is
				 eligible to continue guardianship or kinship assistance until the young adult's
				 21st birthday if he or she meets one or more of the following requirements:
1. Is enrolled in an institution that
				 provides post-secondary or vocational education, or completing a secondary
				 education or a program leading to an equivalent credential;
2. Is participating in a job training program
				 or an activity designed to promote employment or remove barriers to
				 employment;
3. Is employed at least
				 80 hours per month;
4. Has a
				 medical condition that prevents the young adult from doing any of the above.
				 The qualified medical condition must be documented in the guardianship subsidy
				 agreement.
5. The guardianship
				 subsidy agreement specifies the requirements listed in D,3, above, and requires
				 the guardian to certify annually to the Department that the young adult meets
				 the above requirements and is living in a supervised living arrangement. If the
				 Department does not receive the annual certification, the subsidy is
				 terminated.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.22 - Discharge Plans for Youth Exiting Care at Age 18 or Older

Current through June 14, 2024
A. Youth who are likely to be closed to the
				 Department on or after their eighteenth (18th)
				 birthday are not discharged unless reasonable efforts have been made to prepare
				 the youth for transition toward a self-sufficient and productive adult
				 life.
B. At least six (6) months
				 prior to a child turning eighteen (18) years of age, or up to the age of
				 twenty-one (21) if the young adult elects to participate in the VEC program,
				 the Department is required to provide the Family Court with a description of
				 the transition services afforded to the youth or young adult or a detailed
				 explanation of why such services were not offered.
1. Minimally this description must include
				 the youth's housing, health insurance, education and/or employment plan,
				 available mentors and continuing support services including workforce supports
				 and employment supports.
2. The
				 details of this plan are developed in consultation with the youth whenever
				 possible and approved by the Family Court prior to the dismissal of an abuse,
				 neglect, dependency, or miscellaneous petition before the youth's twenty-first
				 (21) birthday.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.1 - Purpose

Current through June 14, 2024
These regulations contain the licensing requirements for
					 child care centers and school age programs licensed by the Department of
					 Children, Youth and Families (hereinafter the Department). The primary purpose
					 of licensing child care centers and school age programs is to safeguard the
					 well-being of the children served. Granting a license means there is clear
					 evidence that the building and grounds are safe, staff are appropriately
					 trained and the program reflects an understanding of the healthy growth and
					 development of children. The license provides assurance to families and the
					 community that the children are cared for in a safe, healthy environment with
					 appropriate activities, schedules, food, materials and equipment, and that
					 staff encourage and support the children's physical, social, emotional and
					 intellectual growth.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapters 42-72, 42-72.1, 40-13.2, 23-28.15, and 31-22.1.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.3 - Application

Current through June 14, 2024
The terms and provisions of these regulations shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state law, goals and policies.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.4 - Severability

Current through June 14, 2024
If any provision of these regulations or application
					 thereof to any person or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the regulations shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.5 - Definitions

Current through June 14, 2024
A. Age categories are defined as follows:
1. "Infant" means a child between the ages of
				 6 weeks and 18 months.
2. "Younger
				 Infant" means a child between the ages of 6 weeks to 12 months.
3. "Older Infant" means a child between the
				 ages of 12 months to 18 months.
4.
				 "Toddler" means a child between the ages of 18 months and 36 months.
5. "Preschool" means a child between 3 and 5
				 years of age.
6. "Preschool 3"
				 means a child 3 years of age.
7.
				 "Preschool 4" means a child 4 years of age.
8. "Preschool 5-6 " means a child between the
				 ages of 5 and 6 years old, and not yet in kindergarten.
9. "School Age" means a child at least 5
				 years of age, and in kindergarten, but under 16 years of age.
10. "School Age K" means a child at least 5
				 years of age, and in kindergarten.
11. "School Age G1-G3" means a child in
				 first, second, or third grade.
12.
				 "School Age G4-G6" means a child in fourth, fifth, or sixth grade.
13. "School Age G7+" means a child in seventh
				 grade or above, but under 16 years of age.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.6 - Licensing Provisions

Current through June 14, 2024
A. Interest
1. Any person, firm, corporation, association
				 or agency interested in opening a child care program for Infants, Toddlers,
				 Preschoolers, and/or School Age children contacts the Department's licensing
				 unit.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.7 - Physical Facilities

Current through June 14, 2024
A. Required
				 Inspections and Certifications
1. Prior to
				 receiving an initial license, the program must show compliance with current
				 inspections or certifications regarding:
a.
				 Building;
b. Fire;
c. Lead;
d. Asbestos;
e. Radon;
f. Water potability (as applicable for
				 programs with well-water);
g. Food
				 safety (as applicable for programs that prepare and serve meals); and
h. Public pools (as applicable for programs
				 with a pool on program grounds).
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.8 - Health, Safety, and Nutrition

Current through June 14, 2024
A. Medical
				 Requirements
1. Child care programs adopt
				 policies and procedures consistent with the RI Department of Health's Rules and
				 Regulations Pertaining to Immunization and Communicable Disease in Preschool,
				 School, Colleges or Universities.
a. Programs
				 are not required to maintain immunization for children who attend public,
				 private, or parochial schools approved by the RI Department of
				 Education.
b. If a child is a
				 foster child or is experiencing homelessness, a grace period of 90 days can be
				 granted to obtain the immunization documentation.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.9 - Routine Care of Children

Current through June 14, 2024
A. Feeding and
				 Eating
1. Eating and feeding routines meet the
				 individual needs of children in the program.
2. Staff do not force children to
				 eat.
3. A feeding plan is
				 established and followed for each Infant and Toddler prior to
				 admission.
4. Infants who are not
				 ready for self-feeding are held and fed by an individual staff member on a
				 one-to-one basis.
5. Bottles are
				 never propped up at any time or placed in a crib with a child.
6. A heating unit for warming bottles and
				 food is readily accessible to staff. Microwaves are not used for heating
				 bottles.
7. Only BPA free plastic
				 or glass bottles are used.
8.
				 Bottles provided by parents/guardians are labeled with the child's
				 name.
9. If the program provides
				 bottles and reusable nipples for community use, they are washed and sanitized
				 in the dishwasher or boiled for at least five minutes prior to use.
10. All breast milk or formula is clearly
				 labeled with the child's name.
11.
				 The program prepares formula that is mixed and served according to
				 manufacturer's instructions.
12.
				 Prepared breast milk or formula is used immediately or stored in the
				 refrigerator.
13. Un-served
				 prepared breast milk or formula is returned to the parent/guardian at the end
				 of each day.
14. Staff send home or
				 discard any leftover breast milk, formula, and/or food that remains in bottles
				 and/or containers after feeding. These items may not be reserved in the
				 program.
15. Food is not used as an
				 incentive unless specifically stated in the child's IEP/IFSP.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.10 - Enrollment and Staffing

Current through June 14, 2024
A. Enrollment Age
1. For admission into an Infant program, a
				 child is at least 6 weeks of age.
2. For admission into a Toddler program, a
				 child is at least 18 months of age.
3. For admission into a Preschool program, a
				 child is at least 3 years of age.
4. For admission into a School Age program, a
				 child is at least 5 years of age and in kindergarten.
a. A child in a School Age program must also
				 be under 16 years of age.
5. The program does not enroll children or
				 allow attendance of children who are outside of the ages for which the program
				 is licensed.
6. Under no
				 circumstances is a child in care for over 14 consecutive hours.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.11 - Staff Qualifications and Ongoing Professional Development

Current through June 14, 2024
A. Criminal Record
				 Background Checks and Clearance of Agency Activity
1. All individuals who are responsible for
				 the direct supervision of children, and are to be included in staff/child ratio
				 are required to be cleared and approved in accordance with the Department's
				 policies on Criminal Records Check and Clearance of Agency Activity checks,
				 prior to the assignment of child care duties, and every five years thereafter.
a. Within 30 days of receipt of written
				 notification of disqualifying information, the applicant or staff may appeal
				 the finding of the Criminal Records Checks and/or the Clearance of Agency
				 Activity check.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.12 - Administration

Current through June 14, 2024
A. Required Notifications
1. The program is responsible for immediately
				 notifying the Department, in writing, of major changes which affect the
				 license, including:
a. change of Child Care
				 Administrator, School Age Administrator, Education Coordinator, Site
				 Coordinator or Night Time Care Coordinator;
b. intent to change the name of the
				 program;
c. intent to change
				 ownership of the program;
d. intent
				 to change the physical address/location of the program;
e. intent to use different/additional spaces
				 for classrooms;
f. intent to change
				 the numbers or ages of children served; and/or
g. any other major changes in the
				 program.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 1 - Child Care Center and School Age Program Regulations for Licensure (214-RICR-40-00-1) › Section 214-RICR-40-00-1.13 - Learning and Development

Current through June 14, 2024
A. Curriculum:
				 Program and Classroom Level; Content
1.
				 Programs maintain program and classroom level curriculum.
2. The program level curriculum is informed
				 by program philosophy, beliefs, practices, and relevant research.
a. Infant, Toddler, and Preschool programs
				 are also guided by the RI Early Learning and Development Standards.
3. The program level curriculum
				 considers the developmentally appropriate needs of all children
				 served.
4. Written or electronic
				 documentation of the classroom level curriculum (lesson plans or planning
				 documentation) is easily accessible in each individual classroom.
5. Classroom level curriculum is completed on
				 a weekly basis and includes:
a. a list of
				 activities and opportunities available to children throughout the
				 week;
b. materials and equipment
				 that are needed to support activities and opportunities; and
c. relevant RI Early Learning and Development
				 Standards for Infant, Toddler, and Preschool programs.
6. Classroom level curriculum for the
				 previous three months is maintained on-site.
7. The Education Coordinator or Site
				 Coordinator meets with each Teacher or staff to consult on program planning and
				 to assist in the planning for individual children at least monthly.
8. Teachers share planning information with
				 other classroom staff.
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-40-00-2.1 - GENERAL PROVISIONS

Current through June 14, 2024
2.1.1
LEGAL
				 BASIS
A. R.I. Gen. Laws § 42-72.1
				 - Licensing and Monitoring of Child Care Providers and Child-Placing
				 Agencies
B. R.I. Gen. Laws §
											42-72-5 - Department of Children, Youth and Families (Power and Scope of
				 Activities)
C. R.I. Gen. Laws
				 § 40-13.2 - Certification of Child Care and Youth Serving Agency
				 Workers
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-40-00-2.2 - LICENSING PROVISIONS

Current through June 14, 2024
2.2.1
APPLICATION 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.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.1 - PURPOSE

Current through June 14, 2024
These Regulations contain the licensing requirements for
					 foster care and adoptive homes licensed by the Department of Children, Youth
					 and Families. These licensing requirements are designed to ensure children who
					 are in foster care and pre-adoptive homes are safe, healthy, and cared for in a
					 nurturing environment.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.2 - AUTHORITY

Current through June 14, 2024
These Regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapter 42-72, R.I. Gen. Laws §§
										42-72.1-5,
					 42-72.1,
					  42-72.10-1,
					  14-1-27,
					  14-1-34,
					 and
					  15-7-11.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.3 - APPLICATION

Current through June 14, 2024
The terms and provisions of these Regulations shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.4 - SEVERABILITY

Current through June 14, 2024
If any provision of these Regulations or application
					 thereof to any person or circumstances is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the Regulations are not
					 affected.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.6 - LICENSING PROVISIONS

Current through June 14, 2024
3.6.1
Application and Licensing Process
A. Applicant submits an application, signed
				 releases, and confirmation that the applicant received the Foster Parent Bill
				 of Rights.
B. Home Study
1. Each applicant and household member must
				 participate in a home study.
2. The
				 home study consists of a summary of any Department contact with the applicant's
				 family and a description of the home, community, family and social
				 relationships and includes the following information:
a. a summary of the applicant's relationships
				 with his or her biological and/or adopted children, past and present spouses or
				 partners, and other family members;
b. an assessment of the applicant's parenting
				 ability and motivation for fostering or adopting a child;
c. criminal records checks for all household
				 members age 18 and older in accordance with the Department's Criminal
				 Background Checks policy;
d. child
				 protective services clearances for all household members to include
				 out-of-state Adam Walsh clearances, if applicable, in accordance with the
				 Department's Clearance of Agency Activity policy;
e. a health history for each applicant;
				 and
f. a home safety
				 inspection.
C. Health History
1. Applicants must submit documentation
				 regarding his or her physical health, mental health and/or substance abuse
				 history. Documentation may include, but is not limited to, a signed physician's
				 note, medical records, or a copy of a physical exam.
2. The Department may request a statement
				 from a qualified medical professional familiar with the applicant or household
				 member's physical or mental health history, including alcohol and drug use, to
				 ensure that no member of the household has an illness or condition that
				 presents a health or safety risk to a child in the home, or hinder the
				 caregiver's ability to provide appropriate care.
D. Training
1. Each applicant for a Foster Care and
				 Adoption License must successfully complete a course of pre-service training as
				 required by the Department.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 3 - Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) › Section 214-RICR-40-00-3.7 - LICENSING STANDARDS

Current through June 14, 2024
3.7.1
General
				 Requirements
A. Family Composition
1. One or two adults as head of household may
				 receive a Foster and Adoption License.
2. The total number of foster and
				 pre-adoptive children does not exceed five. Each home's capacity to accommodate
				 a foster or pre-adoptive child is assessed individually.
3. The total number of children in the
				 household does not exceed seven, including biological, adopted, foster and
				 pre-adoptive children.
4. Caregiver
				 must not care for more than two children less than 2 years of age or four
				 children less than 6 years of age at any time, to include all children in the
				 home.
5. Caregiver must demonstrate
				 the ability to meet the needs of all children living in the home.
6. Caregiver may not provide care for
				 non-related adults and children.
7.
				 Exceptions to these Family Composition requirements may be made to accommodate
				 siblings in care.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 4 - Residential Child Care Regulations for Licensure (214-RICR-40-00-4) › Section 214-RICR-40-00-4.1 - GENERAL PROVISIONS

Current through June 14, 2024
4.1.1
LEGAL
				 BASIS
A. R.I. Gen. Laws § 40-13.2
				 - Certification of Child Care and Youth Serving Agency Workers
B. R.I. Gen. Laws Chapter 42-72 - Department
				 of Children, Youth and Families
C.
				 R.I. Gen. Laws § 42-72.1 - Licensing and Monitoring of Child Care
				 Providers and Child-Placing Agencies
D. R.I. Gen. Laws § 42-72.9 - Children's
				 Right to Freedom From Restraint Act
				  42 USC 201  - Children's Health Act of
				 2000
E. These regulations apply to
				 all residential placements in accordance with the term "Facility", as defined
				 in § 4.1.3 of this Part (DEFINITIONS) below. They do not apply to boarding
				 schools and educational programs approved by the Rhode Island Department of
				 Education, recreational camps or programs licensed by the Department of Mental
				 Health, Retardation and Hospitals, including nursing homes, hospitals, mental
				 health centers and residential substance abuse programs. They do not pertain to
				 the Rhode Island Training School.
F. A provider must demonstrate both in its
				 license application and as an active program its ability to provide child care
				 services in accordance with these regulations and in compliance with the laws
				 of the State of Rhode Island. DCYF, as the licensing authority, will inspect
				 all aspects of a program in order to determine compliance with these
				 regulations. No provider will operate a Facility without a DCYF
				 license.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 4 - Residential Child Care Regulations for Licensure (214-RICR-40-00-4) › Section 214-RICR-40-00-4.2 - LICENSING PROVISIONS

Current through June 14, 2024
4.2.1
APPLICATION PROCESS
A. The
				 application packet is obtained from the DCYF Licensing Unit. A separate
				 application must be filed for each proposed Facility.
B. The completed licensing application
				 packet, in accordance with §4.2.1(C) 
				 of this Part below, must be submitted to DCYF Licensing to initiate the
				 Licensing process. An incomplete packet will be returned to the
				 applicant.
C. The application
				 packet consists of the following:
1. Facility
				 Licensing Application and Checklist
a. The
				 application must be fully completed and signed by the chief executive of the
				 applying agency.
b. All information
				 listed on the checklist must be provided.
2. Documentation of fiscal responsibility
				 evidencing sound financial structure and ability to meet the operating needs of
				 the Facility
3. Fire Safety
				 inspection approvals or other evidence of compliance with the Food and Drug and
				 Health and Safety Acts, R.I. Gen. Laws Titles 21 and 23 respectively, and any
				 related regulations
4. Agency
				 Charter or Articles of Incorporation
5. Documentation of Federal Tax Exempt
				 Status
6. Certificate of Occupancy
				 or other evidence of compliance with the State Building Code for new
				 construction or change of use
7.
				 Documentation of any national accreditations and any other licenses
8. Report of any community
				 notification
9. DCYF clearances
				 (Form #035A) and results (Form #171) on all operators, employees and board
				 members (refer to Department Operating Procedure 100.0155, Clearance of Agency
				 Activity)
10. Criminal History
				 Affidavit (Form #109) and statewide and nationwide, including fingerprinting,
				 criminal records checks (refer to Department Operating Procedure 100.0215,
				 Criminal Records Checks) on all operators and employees and Form #109 and
				 statewide criminal records checks on board members
11. Employment History Affidavit (Form #108)
				 (refer to Department Operating Procedure: 100.0210, Employment Background
				 Checks Facility Operators/Facility Employees) on all operators and
				 employees
12. Disaster and
				 Emergency Response Plan
13.
				 Behavior management and crisis intervention, restraint and seclusion
				 policies
14. Identification of
				 crisis intervention and restraint model to be utilized in the
				 Facility
15. Documentation of
				 completion of training in crisis intervention, restraint and seclusion and
				 certification in First Aid and CPR
16. Documentation of licensure of the
				 clinical supervisor or clinical director, confirming that the clinician is a
				 licensed practitioner of the healing arts
D. Preliminary site evaluation is performed
				 by DCYF licensing staff
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 4 - Residential Child Care Regulations for Licensure (214-RICR-40-00-4) › Section 214-RICR-40-00-4.3 - LICENSING STANDARDS

Current through June 14, 2024
4.3.1
ADMINISTRATION AND ORGANIZATION
A. Vendor Guidelines for Establishing New
				 Residential Programs
1. When an agency has
				 identified an appropriate site, the agency's representative contacts the
				 Department's Licensing Officer to arrange preliminary fire and health
				 inspections. The agency must also contact state and local fire and building
				 authorities to ensure compliance with all codes, statutes and
				 regulations.
2. The agency makes
				 any rental or purchase and sale agreement contingent upon the receipt of
				 licensing.
3. The agency notifies
				 by certified mail elected local officials, including State Senators and
				 Representatives, and local property owners within a 200-foot radius of the
				 perspective location of the program.
4. If requested by local officials, and or
				 neighbors, the agency conducts a neighborhood meeting. The Department is
				 notified by the agency and participates in the meeting.
5. The service provider agency and the
				 Department's contracts personnel and fiscal staff will discuss all relevant
				 factors including program costs.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.1 - GENERAL PROVISIONS

Current through June 14, 2024
5.1.1
Legal
				 Basis
A. These regulations for the
				 licensing of child placing agencies are promulgated pursuant to the Licensing
				 Act for the Placement and Care of Children.
B. As defined in the Act, a "child placing
				 agency" shall mean "any private or public agency which receives children for
				 placement into independent living arrangements, supervised apartment living,
				 residential group care facilities, family foster homes or adoptive
				 homes."
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.2 - THE LICENSING PROCESS

Current through June 14, 2024
A. Licensing
				 Process
1. The Administrator of Licensing may
				 allow a variance to a rule upon the submission of written request and
				 documentation, providing that the variance in no way jeopardizes the health,
				 safety and well-being of the child(ren) in care.
2. An agency shall not operate unless it is
				 licensed by the Department.
3. An
				 applicant for a license shall be an individual or a corporation.
4. An applicant for a license shall:
a. maintain an office and operational program
				 within the state;
b. submit a
				 completed application form to the Department;
c. submit a description of the geographical
				 area to be served by the agency, and an explanation of the specific services it
				 provides or proposes to provide;
d.
				 submit to and assist in completing an inspection of all aspects of the agency
				 and its programs by the Department; and
e. provide evidence of substantial compliance
				 with the regulations contained herein throughout the term of the license, as
				 determined by the Department; OR
(1) submit
				 satisfactory evidence that it meets the current standards of a national
				 accrediting organization approved by the Department; and
(2) at the Administrator's request, provide
				 the following additional written documentation, including, but not limited to:
(AA) the philosophy of the agency
(BB) clientele to be served
(CC) services offered
(DD) programmatic descriptions
(EE) a listing of personnel and job
				 duties
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.3 - ADMINISTRATION AND ORGANIZATION

Current through June 14, 2024
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.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.4 - PERSONNEL

Current through June 14, 2024
A. Qualification of Employees
1. Chief Administrator
a. The chief administrator of an agency shall
				 hold an advanced degree from an accredited program of social work education; or
				 an advanced degree from an accredited academic program in another field of
				 human service, with progressively responsible supervisory and management
				 experiences in direct services for individuals, families and children, or other
				 field directly related to the service being provided by the agency.
b. The chief administrator shall also be
				 qualified by training, experience and management skills to ensure effective
				 utilization of the agency's personnel and financial resources and coordination
				 of the agency's program of service with other community services.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.5 - SOCIAL SERVICES RELATED TO CHILD PLACING

Current through June 14, 2024
A.
				 Intake Procedures and Practices
1. At the time
				 of referral or application for service, the agency shall assess the needs and
				 strengths of the child's family.
2.
				 Prior to accepting a child into its program, the agency shall document that
				 alternatives to placement have been explored or used with the family.
3. Where social services have been provided
				 to the child and his/her family, a description of their nature, scope,
				 frequency, time frame and recommendations shall be indicated.
4. The agency shall make every effort to
				 prevent the removal of the child from the home and to maintain the integrity of
				 the family through the provision of counseling and education when the
				 emotional, physical or psychological health of the child is not at
				 risk.
5. When the need for
				 placement is clearly documented and other alternatives have been utilized by
				 the family or are counter indicated, the agency shall select the least
				 restrictive setting for the child, commensurate with his/her needs, and also
				 situated proximate to the child's home.
6. A written intake study shall be conducted
				 by the agency at the time of referral or application, and completed within
				 forty-five (45) days.
7. The intake
				 study shall include:
a. the identification of
				 the specific needs of the child and family which warrant consideration of
				 removal and placement of the child;
b. the family's strengths;
c. the involvement of the child's parent(s)
				 in his/her care;
d. the available
				 resources;
e. the stated goals of
				 the family;
f. available social and
				 medical history of the child and all family members; and
g. the child's legal status.
8. The agency shall keep a record
				 of all requests for services, placements, and the reasons for acceptance and
				 denial of services.
9. The agency
				 shall provide referral assistance to persons requesting services not provided
				 by the agency.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.6 - FOSTER CARE

Current through June 14, 2024
A. In order to
				 obtain a license to operate a program of foster care services, an agency shall
				 adhere to the regulations contained herein:
B. Application for a License
1. An agency shall submit an application to
				 the Department for a license to operate a foster care program on forms approved
				 by the Department and in a manner prescribed by the Department.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.7 - ADOPTIVE SERVICES

Current through June 14, 2024
A. In order to
				 obtain a license to operate a program of adoptive services, a program shall
				 adhere to the regulations contained herein:
B. Application for a License
1. An agency shall submit an application to
				 the Department for a license to operate an adoptive program on forms approved
				 by the Department and in a manner prescribed by the Department.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 5 - Child Placing Regulations (214-RICR-40-00-5) › Section 214-RICR-40-00-5.8 - CHILD CARE PROGRAMS OPERATED BY CHILD PLACING AGENCIES

Current through June 14, 2024
Child care programs operated by child placing agencies must
					 obtain from the Department individual child care licenses for these programs.
					 Additional regulations for specific child care programs, namely, day treatment,
					 residential treatment, family day care center, group home(s) I and II,
					 independent living, and supervised apartment living, residential group care,
					 shelter, respite care, alternative treatment, and in- home services, can be
					 found at the end of the Child Care Regulations (Part 1 of this Subchapter)
					 promulgated by the Department.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 6 - Mental Health Emergency Service Interventions for Children, Youth and Families Regulations for Certification (214-RICR-40-00-6) › Section 214-RICR-40-00-6.1 - GENERAL PROVISIONS

Current through June 14, 2024
A. Purpose
1. The purpose of these regulations is to
				 comply with R.I. Gen. Laws §
											40.1-5-6,
				 which requires any child who is under the age of eighteen whose health
				 insurance is publicly funded to have an emergency service intervention by a
				 provider licensed by the Department of Children Youth and Families (the
				 Department) as a condition for admission to an inpatient psychiatric facility.
				 These regulations set forth the standards for certifying providers and include
				 standards for child and family competent Clinicians.
2. These regulations do not apply to
				 emergency service interventions that result in emergency hospitalizations under
				 R.I. Gen. Laws §
											40.1-5-7.
				 This statute provides that when an emergency hospitalization needs to occur,
				 the preauthorization procedure required for authorization by the insurance
				 company may be waived by the certified emergency service provider to protect
				 the safety and well-being of the child and family.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 6 - Mental Health Emergency Service Interventions for Children, Youth and Families Regulations for Certification (214-RICR-40-00-6) › Section 214-RICR-40-00-6.2 - CERTIFICATION STANDARDS FOR MENTAL HEALTH EMERGENCY SERVICE INTERVENTIONS

Current through June 14, 2024
A. In order to be
				 certified for emergency services, the Emergency Service Provider Organization
				 (hereinafter, the Provider) must include a telephone crisis hotline,
				 face-to-face interventions in the community and the means to develop and
				 implement a follow up plan to access community-based and 24-hour
				 services.
B. The Provider meets the
				 standards established under each component.
C. Telephone Contact, Support and Follow up
1. The Provider maintains a telephone system
				 for families that includes:
a. A phone line
				 and a number which answered by a live voice twenty-four hours per day, seven
				 days per week, 365 days per year. The answering service or Provider must have
				 the capacity to ensure accessibility for callers who speak a language other
				 than English.
b. The caller has
				 telephone access to the Clinician within fifteen minutes of the initial call to
				 discuss the crisis and to develop a follow up service plan based on the
				 family's need and collaboration on next steps.
c. The Provider tracks all phone calls,
				 measures and reports to the Department on the:
(1) Source of the call - parent, guardian,
				 child or collateral party;
(2)
				 Percentage of calls answered within fifteen minutes of the original
				 request;
(3) Number of calls per
				 month.
(4) Percentage of calls that
				 resulted in a face-to-face intervention.