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
Universal Citation: 214 RI Code of Rules 40 00 3.7
Current through September 18, 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.
B. Age
Caregiver is at least 21 years of age.
C. Health
Caregiver and any household member must not have a physical, behavioral or mental health condition that the Department determines may adversely affect the child in care or the child's care, as determined by §3.6.1(C) of this Part, Health History.
D. Income and Fiscal Management
1. Caregiver demonstrates that he or she is
able to exercise appropriate fiscal management.
2. Caregiver uses the foster maintenance,
birthday, clothing and holiday allowance/ payment solely to meet the individual
needs of the child in care.
3.7.2 Safety and Well-Being
A. General Safety Requirements
1. Caregiver's home and any structures on the
property including outdoor recreation equipment are maintained in a clean, safe
and sanitary condition and kept in a reasonable state of repair.
2. Caregiver's home and grounds are free of
hazards to ensure the safety of a child and comply with all state and local
codes and ordinances.
3. Garbage
must be removed from the house on a regular basis and stored outside in covered
containers or closed bags.
4. A
child must be protected through the use of physical barriers or adult
supervision from potentially hazardous outdoor areas, such as bodies of water,
open pits or wells, cliffs or caves, high speed or heavily traveled roads and
electrical equipment and machinery.
5. The residence must be adequately heated,
safely lit, well ventilated, properly plumbed and have a continuous supply of
safe drinking water.
6. Pools must
be fenced according to local and state codes.
7. Bleach, cleaning materials and any
poisonous or corrosive household chemicals must be stored in a safe area,
inaccessible to a young child.
8.
Prescription and over-the-counter drugs and alcohol must be stored out of reach
of a child.
9. A child in care must
not be exposed to second hand smoke in the caregiver's home or vehicle by any
member of the provider family or visitor of that family.
10. All locking doors within the residence
must be able to be unlocked from both sides.
B. Fire and Safety Inspections
1. Inspections required by these regulations
are conducted by the Department or other authorities having jurisdiction.
Issuance of a Foster and Adoptive License is contingent upon approval of the
applicant's residence in accordance with state fire and building
codes.
2. Caregiver must grant
Department Licensing staff access to all areas of the home and property for a
visual inspection.
3. Foster homes
must be equipped with a smoke detector system and carbon monoxide detectors.
Smoke detectors are located in all common hallways.
a. Single and two family homes must be
equipped with a battery pack or hard-wired smoke detector system.
b. Three family apartment homes must be
equipped with smoke and carbon monoxide detectors that either are hardwired or
wireless units.
C. Emergency and Disaster Procedures
1. Caregiver must have an approved written
disaster and emergency response plan for the household in the event of an
emergency.
2. Caregiver contacts
the Department as soon as possible after a disaster. If the emergency is after
business hours or during the weekend, or if the caregiver is unable to reach
staff during normal business hours, the caregiver contacts the CPS
Hotline.
D. Lead Paint
Safety
1. Caregiver's residence must comply
with statutory lead inspection and abatement requirements for private
residences consistent with state law.
E. Firearm and Weapon Safety
1. The Department must be informed if a
resident of the household owns or possesses any firearm. Possession or
ownership of firearms must conform to state and local laws.
2. Any firearm, air rifle, hunting slingshot,
other projectile weapon, or self-defense weapons (e.g. pepper spray or taser)
must be stored in a locked area inaccessible to a child.
3. Any ammunition, arrows or projectiles for
weapons must be stored separately from the weapon or firearm in a locked
space.
F. Telephones and
Emergency Numbers
1. There must be a working
telephone in the caregiver's home that is readily available for use in case of
an emergency.
G. Pet
Safety
1. Dogs, cats and other pets or
domestic animals maintained on the premises must be kept in a safe and sanitary
manner, according to state and local requirements.
2. Pets maintained on the premises must have
up-to-date rabies vaccinations as appropriate.
3. A child must, according to his or her age
and developmental level, be protected from animals that are potentially
dangerous to the child's health.
H. Sleeping Arrangements
1. All bedrooms for children must have at
least one window and one closing door and may be used only as
bedrooms.
2. Living rooms, dining
rooms and halls must not be used as bedrooms for a child in care or any other
member of the household.
3. All
rooms used as bedrooms must meet all state and local codes.
4. Each child must have his or her own bed of
a type and size appropriate to the child's stage of development and approved by
the Department.
a. No child under the age of
six is allowed to sleep on the top bunk.
b. No child under the age of three is allowed
to sleep on a waterbed or air mattress at any time.
5. Each infant, up to one year of age, must
sleep in a safe environment in accordance with the American Academy of
Pediatrics (AAP) SIDS and Other Sleep-Related Infant Deaths: Updated 2016
Recommendations for a Safe Infant Sleeping Environment.
6. Except for a child under the age of one
year, sufficient sleeping space must be available so that no child in the
household shares the bedroom with any adult.
7. Except for a child under the age of one
year, space is provided within the bedroom for the child's personal possessions
and for a reasonable degree of privacy.
8. A child three years of age or older must
not share a bedroom with any child of the opposite sex except:
a. When it is necessary to facilitate the
placement of sibling groups; or
b.
To meet the needs of transgender or gender non-conforming youth.
9. No more than four children are
permitted to sleep in one bedroom.
3.7.3 Provision of Services
A. Caregiver Personal Characteristics and
Abilities
1. Caregiver demonstrates the
competence, interpersonal qualities and life experiences that enable him or her
to provide quality care.
2.
Caregiver meets the physical, emotional, social, developmental, treatment,
educational, cultural and permanency needs of the child in care.
3. Caregiver provides the child with
opportunities to engage in activities that are generally considered normal for
the child's age and stage of development.
4. Caregiver encourages the youth to engage
in extracurricular activities that promote well-being.
B. Confidentiality
1. Information about a child in care and his
or her family must be held in confidence by the caregiver and any household
member.
2. Caregiver must not allow
photographs, sketches, videos, identifying information or names of children in
care to be shared with anyone other than immediate family members or used in
any material that will be available to the public. This includes the internet,
caregiver's social media networks, television and any publication such as a
newspaper, newsletter or magazine.
C. Supervision
1. Each child must be supervised at all times
in a manner appropriate to the child's needs and level of
development.
2. When the caregiver
is absent from the home for any reason, the caregiver applies the reasonable
and prudent parenting standard to determine the appropriate supervision needs
of the child.
a. Overnight sitters must be at
least 18 years old.
b. If the
absence of the caregiver is on a regular basis, the child care arrangements
must be approved by the Department.
D. Behavior Management
1. Caregiver uses discipline solely to teach
a child appropriate behavior in a manner consistent with the child's age and
developmental level.
2. Discipline
must be:
a. Individualized and consistent for
each child;
b. Appropriate to the
child's level of understanding; and
c. Directed toward teaching the child
acceptable behavior and self-control.
3. There must be no harsh, cruel or unusual
treatment of any child. Discipline methods to include, but not limited to the
following, is prohibited:
a. Corporal
punishment or threats of corporal punishment;
b. Punishment associated with food, naps or
toilet training;
c. Pinching,
shaking or biting a child;
d.
Hitting a child with a hand or instrument;
e. Putting anything in a child's
mouth;
f. Humiliating, ridiculing,
rejecting or yelling at a child;
g.
Subjecting a child to harsh, abusive or profane language;
h. Placing a child in a locked or dark room,
bathroom or closet; and
i.
Requiring a child to remain silent or inactive for inappropriately long periods
for the child's age.
E. Transportation
1. Caregiver must have access to reliable
transportation to ensure that the child in care has access to school, community
services and the Department.
2. Any
vehicle used to transport a child must be maintained in a safe condition and in
compliance with state motor vehicle laws.
3. A child transported in a motor vehicle
must be in an appropriate child safety restraint or seat belt, in accordance
with federal and state law.
4. A
child must be transported in vehicles covered by liability insurance.
5. Anyone who transports a child must have a
valid driver's license.
F. Medical Care
1. Caregiver informs the Department of any
medical care or treatment provided to the child in care.
2. Caregiver arranges for the child in care
to receive timely medical care by a licensed practitioner to include routine
and periodic examinations, vaccinations, prescribed treatment, vision and
dental care with annual examinations and any follow-up treatment.
3. Except in emergencies, the caregiver makes
no decisions regarding major medical or surgical intervention, including the
use of psychotropic medication, without the prior approval of the
Department.
G. Education
1. Caregiver ensures that the child in care
continues to attend his or her school or the caregiver enrolls the school age
child in care in an appropriate school within five school days of the child's
placement into the home as indicated by the Department.
2. No child in care is to be
home-schooled.
H.
Children's Money
1. Money earned, received as
a gift or received as an allowance is the child's personal property.
2. Caregiver provides a child in care above
the age of five years a reasonable allowance at least weekly.
3. Caregiver does not require a child in care
to assume any part of the expenses relating to his or her care.
I. Visitation and Contacts
1. The caregiver supports visitation between
the child in care and his or her family as outlined in the child's service
plan.
2. Reasonable opportunity is
provided for the child to use the caregiver's home telephone to contact family
and friends.
3. Caregiver must not
restrict or censor correspondence to or from the child in care, except in
accordance with the child's service plan.
J. Religion
1. The caregiver must not require or deny any
religious observance or practice of a child in care, except upon the written
request of the parent or guardian.
2. Caregiver must notify and receive approval
from the Department before any change is made in the religious affiliation of a
child in care.
K.
Employment and Household Chores
1. The child
in care is not forced to work nor denied the opportunity to work.
2. A child in care is not required to perform
household chores in a manner dissimilar to any other child in the household of
similar age or ability.
L. Clothing
1. Caregiver ensures that each child has
clean, well-fitting and seasonal clothing that is age and gender
appropriate.
2. The child is
permitted to take all of his or her clothing upon leaving the caregiver's
home.
3. In the event of an
unplanned discharge, the caregiver makes reasonable provisions to protect the
child's property.
4. All monies
provided by the Department for clothing for a child in care must be expended
exclusively on clothing for that child.
5. If the child leaves the home prior to
receiving the clothing allowance check, the caregiver must return the check to
the Department.
M.
Personal Belongings
1. A child in care is
allowed to bring personal belongings to the caregiver's home.
2. Caregiver makes reasonable provisions for
the protection of a child's property.
3. Caregiver ensures that the child in care
is provided with his or her personal belongings when the child departs the
caregiver's home.
N.
Personal Hygiene
1. The caregiver ensures that
each child has the necessary articles for his or her own use to maintain
personal hygiene.
2. The caregiver
ensures the proper hygiene of a child in care that is unable to maintain
hygiene on his or her own.
O. Social and Recreational Activities
1. The caregiver provides regular opportunity
for social and recreational activities that are appropriate to the age and
abilities of the child in care.
2.
The caregiver makes reasonable and prudent parenting decisions regarding a
child's participation in social and recreational activities. The Department's
prior approval of such decisions is not required.
P. Meals
1.
The caregiver provides the child in care with a minimum of three well-balanced
and nutritious meals each day at regular times.
2. The caregiver must not exclude the child
from family meals.
3. The caregiver
provides for any special dietary needs for the child as determined by a proper
medical authority or dictated by the child's religion or culture.
4. Meals are never withheld as a punishment
to the child.
Q.
Required Notification
1. The caregiver
notifies the DCYF primary worker prior to allowing any person to visit in the
home for a period in excess of 24 hours.
2. The caregiver notifies the Department
prior to making plans for the care of the foster or pre-adoptive child by
another person for a period in excess of 48 hours.
3. The caregiver notifies the Department
immediately in any of the following instances:
a. Death of a child.
b. Serious injury or illness involving
medical treatment of a child.
c.
Serious emotional or behavioral crisis that may endanger the child in care or
others.
d. When a child has been
subjected to alleged abuse or neglect or has been the alleged victim of assault
or other physical or sexual abuse.
e. Unauthorized absence of the child in care
from the home.
f. Removal of the
child in care from the home by any person or agency other than the placing
agency, or any attempts at such removal.
g. Any fire or other emergency requiring
overnight evacuation of the premises.
h. Any exclusion of a child in care from
school or involvement with police.
i. Any changes in the household
composition.
j. Any pending
criminal charges or arrests of the caregiver and/or any household
member.
4. The caregiver
informs the Department as soon as possible, but not more than five working days
following any circumstance listed below:
a.
Any serious illness or death in the household.
b. The permanent departure of any member of
the household.
c. Any other
circumstance or incident seriously affecting the child or the child's
care.
5. The caregiver
must contact the Department prior to permitting any media interviewing or
photographing of a child in care.
6. The caregiver informs the Department at
least four weeks prior to a planned move of residence.
7. Caregiver notifies the Department by the
end of the next working day of any fire within the residence requiring the
services of the fire department.
8.
Caregiver notifies the Department within seven working days prior to taking the
child in care out of state for more than 24 hours.
R. Removal Requests
1. If the caregiver wishes to request the
removal of a child in care, he or she submits a written notice to the
Department outlining the reasons why the child's removal is being requested, in
accordance with Department policy, Request for Removal of Child from Foster
Care Home.
2. The Department
provides written notification to the caregiver regarding any decision to move a
child in care from the home.
3.
This notification is waived when the child in care is being moved due to safety
issues in the placement, when removal has been court ordered, or the return of
the child has been requested by a parent or guardian in accordance with the
terms of a voluntary agreement.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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