218-RICR-70-00-2
218-RICR-70-00-2. Family Child Care Home Regulations for Licensure (version Amendment, 06/16/2020 to 07/07/2021)
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2.1 General
Provisions
2.1.1 Legal Basis
A. R.I. Gen. Laws Chapter
42-12.5 – Licensing and Monitoring of Child Day Care Providers
B. R.I. Gen. Laws Chapter
40-13.2 – Certification of Child Care and Youth Serving Agency
Workers
2.1.2 Definition
"Family child care home"
means any home other than the child’s home in which child care,
in lieu of parental care and/or supervision, is offered at the same
time to four (4) or more children who are not relatives of the care
giver. These programs shall be licensed by the Department of Human
Services (DHS) in accordance with R.I. Gen. Laws Chapter 42-12.5.
Issuance of a Family Child Care Home License is based on compliance
with the regulations contained in this document and upon evidence
that the home meets the appropriate state fire and health codes. A
license is valid for a period of two (2) years. Any person who
operates a Family Child Care Home without a license shall be referred
by the DHS Child Care Licensing Unit to the Attorney General’s
Office for prosecution in accordance with R.I. Gen. Laws Chapter
42-12.5.
2.2 Licensing Provisions
2.2.1 Application Process
A. Orientation and Pre-service
Training
1. An applicant interested in
becoming a child care provider must attend a DHS 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 DHS.
B. Application Packet
1. The completed licensing
application packet must be submitted to the DHS 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 (6)
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 R.I. Gen. Laws §
40-13.2-5, Criminal Records Checks.
c. Notarized Employment
History Affidavits (Form #108) completed by the applicant and any
proposed assistants, including emergency assistants, in accordance
with R.I. Gen. Laws § 40-13.2-2, Qualification for Childcare
Employment.
3. Every application for DHS
licensure to operate a family child care home shall be accompanied by
a fee, established in R.I. Gen. Laws § 42-12.5-5, 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 background checks, including
comprehensive fingerprinting inclusive of the Rhode Island Sex
Offender Registry (RISOR) and the National Sex Offender Registry
(NSOR). All members of the applicant's household, age eighteen (18)
and older, must undergo a statewide and national criminal records
check through the Attorney General's Bureau of Criminal
Identification.
2. Criminal records checks are
completed in accordance with R.I. Gen. Laws § 40-13.2-2 and Part
20-00-4
of this Title, specifically, § 20-00-4.12.3 of this Title ,
Department of Human Services Child Care Assistance Program Rules and
Regulations.
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 (Part 20-00-4
of this Title, specifically, § 20-00-4.12.4 of this Title ).
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 DHS Child Care Licensing Administrator 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 Child Abuse and
Neglect Registry Check
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 R.I. Gen. Laws § 40-13.2-2 and Part 20-00-4
of this Title, specifically, § 20-00-4.12.3 of this Title ,
Department of Human Services Child Care Assistance Program Rules and
Regulations.
a. The Department of Human
Services Child Care Assistance Program Rules and Regulations (Part
20-00-4
of this Title, specifically, § 20-00-4.12.4 of this Title )
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 DHS
Child Care Licensing Administrator 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 DHS 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.
2.2.2 License
A. Upon successful completion
of the above-stated requirements, a license shall be issued within
one hundred twenty (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
DHS Licensing staff, DCYF Child Protective Services staff 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, may voluntarily apply to the Department for
licensure.
2.2.3 Variance
A. The DHS 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 twenty percent (20%) of the time may be allowed to be away
from the home in excess of twenty percent (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.
2.2.4 Licensing 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 family child care
home is found to be in violation of these Regulations, the DHS
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 DHS 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 DCYF Child Protective Services
for review and/or investigation.
2.2.5 Denial, 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 DHS Administrator 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).
2.2.6 Procedure 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 the Executive Office of Health and Human Services
administrative appeal policy.
2.2.7 Dual 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 with the Department
of Children, Youth and Families, Foster Care and Adoption Regulations
for Licensure ( 214-RICR-40-00-3 ).
B. The decision to issue a
Family Child Care Home License will be made by the DHS 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.
2.2.8 License Renewal
A. DHS 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. The 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 DHS 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 DHS 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. Provide documentation
regarding completion of General Equivalency Diploma (GED), if
applicable (refer to § 2.3.2(A) of this Part below).
3. Show evidence of liability
insurance coverage for the child care program.
4. Ensure that medical
reference has been completed.
5. Provide documentation that
required training has been completed (refer to § 2.3.2(A) of
this Part below).
6. Provide documentation that
the home has been tested for radon and found safe.
7. 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.
8. Provide results of fire
inspection.
9. Undergo a statewide
criminal records check.
10. Undergo a DCYF agency
clearance.
11. Undergo a DHS License
Renewal Inspection - Prior to the renewal of license, DHS 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.
12. Current certification
under the most recent guidelines of the American Heart Association
in:
a. Pediatric cardiopulmonary
resuscitation (CPR) (online training is not accepted); and
b. Basic pediatric first aid
(online training is accepted).
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; and
b. 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.
4. Current certification under
the most recent guidelines of the American Heart Association in:
a. Pediatric cardiopulmonary
resuscitation (CPR) (online training is not accepted); and
b. Basic pediatric first aid
(online training is accepted).
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.
4. Current certification under
the most recent guidelines of the American Heart Association in:
a. Pediatric cardiopulmonary
resuscitation (CPR) (online training is not accepted); and
b. Basic pediatric first aid
(online training is accepted).
2.3 Licensing Standards
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 twenty percent (20%) of
the total work week (twenty percent (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 (1) 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.
2.3.2 Qualifications of
Provider and Assistants
A. Requirements for Providers
1. Provider shall be at least
twenty-one (21) years of age and shall show evidence of having
successfully completed the following:
a. High school or GED
(Individuals holding a Family Child Care Home License issued prior to
the effective date of these regulations shall not be subject to this
requirement.)
b. Current certification in
CPR and First Aid
c. Approved Family Child Care
Training Program
d. DHS orientation to Family
Child Care
2. Provider shall complete a
minimum of one (1) hour per month or twenty-four (24) hours of
training (excluding CPR and First Aid) every two (2) years.
a. The provider shall be
responsible for maintaining documentation of completed training
hours.
b. Training shall be in areas
relevant to the care of young children. Training should cover a
variety of subject areas, such as health, safety and nutrition (e.g.,
healthy eating, childhood obesity, breastfeeding), communication with
parent/guardian, child development, infant care and development,
developmentally appropriate activities, child abuse and neglect and
ethics and cultural competency.
c. Training may consist of
workshops, seminars, presentations, speaking programs, conferences,
telecourses, college courses, CDA training, related readings or
television/video programs, correspondence courses, mentoring
experiences, association meetings with training components or
collaborative experiences with other agencies.
B. Requirements for Assistants
1. Assistant shall be at least
eighteen (18) years of age and shall show evidence of having current
certification in CPR and First Aid.
2. Provider shall orient a new
assistant within the first week of work in the family child care
home. The orientation shall include a review of:
a. Family Child Care Home
Regulations
b. State law governing child
abuse and neglect
c. Policy and procedures and
other information specific to the operation of the child care home
3. Assistant shall complete a
minimum of sixteen (16) hours of training (excluding CPR and First
Aid) every two (2) years.
a. Provider shall be
responsible for maintaining documentation of assistant’s
completed training hours.
b. See § 2.3.2(A) of this
Part above for acceptable subject areas and types of training.
C. General Physical and Mental
Health Requirements
1. Provider, assistants and
emergency assistants shall be in good physical, mental and emotional
health.
2. The physical, mental and
emotional health of household members shall not interfere with the
provider’s child caring responsibilities.
D. Specific Health
Requirements
1. Family Child Care Home
providers must adopt policies and procedures consistent with the RI
Department of Health’s Rules and Regulations pertaining to
Immunization and Communicable Disease Testing in Preschool, School,
Colleges or Universities (see 216-RICR-30-05-3.5 )
as well as Rules and Regulations pertaining to Reporting and Testing
of Infectious, Environmental, and Occupational Diseases (see
216-RICR-30-05-1 ).
a. Providers are required to
maintain documentation of current immunizations for children in their
care unless these children 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 ninety (90)
days can be granted to obtain the immunization documentation,
provided there is a plan upon enrollment to get immunizations
documented and up to date as soon as possible.
2. The parent/guardian submits
evidence of an annual health examination, signed by the child’s
primary care provider, which includes information regarding any
condition or limitation that may affect the child's general health or
participation in the program.
a. Providers are required to
maintain documentation of an annual health examination for children
in their care unless these children 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 ninety (90)
days can be granted to obtain the annual health examination
documentation.
3. Female providers of
childbearing age shall have a rubella (German measles) susceptibility
blood test or show proof of immunity by previous testing or produce a
record of having received rubella vaccine.
E. Use of Alcohol or Drugs
1. Provider, assistants and
emergency assistants shall not drink alcoholic beverages or take
illegal or tranquilizing drugs while providing child care, nor shall
they be in an intoxicated or drugged condition while providing child
care.
2. Household members shall not
drink alcoholic beverages in the presence of children in care.
F. Smoking
1. No person shall smoke, or
otherwise use tobacco products within the household or outdoor play
area of a family child care home, or within twenty-five feet (25’)
of the home or outdoor play area, while children are in care. Smoking
shall not occur in any area on the grounds or premises within the
children’s view during the time that child care is being
provided.
2. Smoking may be permitted
when child care is not being provided. If smoking occurs in the home
when children are not in care, the provider shall notify the
parent/guardian of each child that smoking routinely occurs in the
home during hours when the child care program is not in operation.
2.3.3 Physical Space and
Home Safety
A. Overall Condition of Family
Child Care Home
1. The home shall be
maintained in compliance with all applicable state and local codes.
2. The home shall be
maintained in good repair and in a clean, neat, hazard free
condition.
3. Trash must be covered and
properly stored.
4. The home shall be kept free
from rodent and insect infestation.
B. Radon Safety
1. Providers shall show
evidence that the home has been tested for radon and has been found
to be radon safe.
2. Retesting shall be done
every three (3) years in accordance with the rules and regulations
for Radon Control ( 216-RICR-50-15-2 )
issued by the Rhode Island Department of Health.
C. Lead Paint Safety
1. There shall not be any
peeling or damaged paint or plaster in any area of the Family Child
Care Home, either interior or exterior.
2. The Family Child Care Home
serving children under the age of six (6) years shall comply with
Lead Poisoning Prevention ( 216-RICR-50-15-3 )
promulgated by the Rhode Island Department of Health pursuant to R.I.
Gen. Laws § 23-24.6-14 (Lead Poisoning Prevention Act) and shall
comply with recommendations resulting from lead inspections conducted
pursuant to the above referenced statute and regulations.
D. Indoor Space - There shall
be sufficient indoor space to allow for thirty-five (35) square feet
of usable space per child in care.
E. Use of Basements/Cellars
for Child Care
1. Children shall not be cared
for in the cellar or basement area of a home unless there are two (2)
exits from the area, one of which shall be a door leading directly to
the outside. Bulkheads and overhead garage doors are not acceptable
exits.
2. Basements shall not be used
for sleeping unless the boiler/furnace room is constructed to provide
a one (1) hour fire rating. This would include fire-rated sheet rock
on the walls and ceiling and a fire rated door. Enclosures shall be
provided with an air vent to the outside sufficient for proper
combustion and exhaust.
3. The term basement includes
all areas that are more than fifty percent (50%) below ground level.
F. Outdoor Play Areas
1. Provider shall identify an
area or areas for outdoor play which shall be safe, protected and
free from hazards such as access to the street, debris, broken glass,
animal waste, peeling paint, tools and construction materials, open
drainage ditches, wells, holes and bodies of water. A fence or
barrier shall be required for outdoor play area.
2. Outdoor porches above the
first floor shall not be used as play areas unless they are fully
enclosed and structurally sound.
3. Outdoor porches and decks
at the first floor level, used as play areas, shall be enclosed with
a minimum of a four foot (4’) railing and the slats shall be no
more than three and one half inches (3 ½”) apart. There
shall be a gate that is kept securely fastened at the entry to any
steps or stairways.
4. Provider or assistant(s)
shall directly supervise outdoor play at all times.
G. Bathroom and Toileting
1. The family child care home
shall have a minimum of one (1) toilet and hand washing sink located
in the bathroom. The bathroom shall be located in an area that is
readily available to the children in care. Locks on bathroom doors
should not be within the reach of children or, if they are, the
provider shall have a key readily accessible.
2. When training chairs are
used for toilet training, they shall be emptied and sanitized after
each use. Training chairs shall not be considered a substitute for
the required toilet.
3. Toilets and training chairs
shall be located in rooms separate from those used for cooking and/or
eating.
H. Hand Washing
1. All staff, volunteers and
children shall wash their hands with liquid soap and warm running
water.
2. Hands shall be dried with
disposable towels or individual hand towels that are laundered daily.
3. Hands shall be washed upon
arrival for the day or when moving from one child care group to
another.
4. Hands shall be washed
before and after:
a. Eating, handling food or
feeding a child;
b. Providing medication;
and/or
c. Playing in water that is
used by more than one (1) person.
5. Hands shall be washed
after:
a. Diapering, using the toilet
or helping a child use a toilet;
b. Handling bodily fluid
(mucus, blood, vomit) from sneezing, wiping and blowing noses, from
mouths or from sores;
c. Handling uncooked food,
especially raw meat and poultry;
d. Handling pets and other
animals;
e. Playing in sandboxes;
and/or
f. Cleaning or handling
garbage.
I. Diaper Changing Area
(1) There shall be a diaper
changing area that is separate and apart from kitchen counters and
dining tables.
(2) A sink with hot and cold
running water for hand washing shall be accessible to the diaper
changing area. Hands shall be washed with liquid soap and warm
running water before and after each diaper change. Non-latex vinyl
gloves shall be used for personal protection during diaper changing
but shall not take the place of hand washing.
(3) The diaper changing area
shall be cleaned and sanitized after each use. A disinfectant
solution of one quarter (¼) cup of bleach to one (1) gallon of
water or an EPA approved sanitizing agent shall be kept readily
available in a spray bottle for this purpose. The bottle shall be
clearly labeled and kept out of reach of children. In order to be
effective, the disinfectant solution should be allowed to air dry or
at least sit on the surface for two (2) minutes before wiping. If a
bleach solution is used, it shall be changed daily as it only remains
effective for twenty-four (24) hours.
(4) Soiled diapers shall be
placed in a closed container lined with a leak proof disposable
lining. The container must be emptied daily and kept clean.
J. Hot and Cold Running Water
1. There shall be hot and cold
running water available for the care of the children.
2. The home’s domestic
hot water system and hand washing sinks shall be set no higher than
one hundred and twenty degrees Fahrenheit (120°F).
3. If the water supply is not
from a public source, it shall be tested for portability. Water
testing shall be done at time of licensing and upon renewal.
K. Heating System
1. The family child care home
shall have a heating system capable of maintaining a minimum
temperature of sixty-five degrees Fahrenheit (65°F) in all areas
accessible to the children.
2. All heating equipment shall
have the proper controls for controlling the temperature, ignition
and safety. Also, an auxiliary switch wired to a position that is
remote from the boiler/furnace area is required in order to shut off
the boiler/furnace without entering a danger area in the event of a
fire.
3. All heating elements,
including hot water pipes, wood stoves, electric space heaters and
radiators in areas used by children shall be insulated, protected or
barricaded so that they will not be a danger to the children and will
not be a fire hazard. Asbestos insulation covering any pipes or
heating elements shall be intact and properly sealed.
4. Fireplaces shall be
securely screened or equipped with protective guards at all times.
L. Smoke and Carbon Monoxide
Detectors and Fire Extinguishers
1. The family child care home
shall have approved smoke detectors located outside sleeping areas in
the immediate vicinity of bedrooms. Bedrooms or sleeping rooms,
separated by other use areas, such as kitchen or living rooms, but
not bathrooms, shall require a separate detector. In basements or
cellars, smoke detectors shall be located at the top of the stairway.
2. The home shall be equipped
with a carbon monoxide detector.
3. There shall be a five (5)
pound, ABC fire extinguisher located in the kitchen area.
M. Humidifiers, Dehumidifiers
and Vaporizers
1. Humidifiers, dehumidifiers
and vaporizers shall be kept out of reach of children and used and
maintained according to manufacturers’ directions.
2. Parents/guardians shall be
notified when such appliances are used in the family child care home.
N. Electrical Outlets
1. Every electrical outlet
within the children’s reach shall be covered with a choke
proof, child resistant device while not in use.
2. Electrical cords shall be
taped or fastened so that they are not a hazard to children.
3. Electrical cords shall not
be frayed or damaged.
4. Electrical outlets shall
not be overloaded.
5. The use of electrical
extension cords is prohibited.
O. Candle Use and Flashlights
in Emergency Situations
1. Provider shall have a
flashlight, in working condition, readily available for use in the
event of a power failure or other emergency situation.
2. In emergency situations,
candles and oil lamps shall not be used as a lighting source.
3. Candles burned for other
purposes shall be kept out of reach of children, used in a safe
manner and not be left unattended.
P. Window Blind Cords –
Window blind cords shall be secured, out of the reach of children, to
prevent strangulation.
Q. Firearms
1. Providers and household
members who have possession of firearms shall obtain the proper
licenses or permits to the extent required by law.
2. Firearms shall be stored,
unloaded and under lock, in a place which is inaccessible to children
during the hours that child care is provided in the home.
3. Ammunition shall be stored
separately under lock during the hours that child care is provided in
the home.
R. Swimming Pools
1. Swimming pools shall be
securely fenced to prevent access by the children.
a. The fence shall be at least
six feet (6’) high with a locked gate.
b. Above ground pools may have
a four foot (4’) fence extension along the outer rim of the
pool, provided that the ladder leading to the pool folds up and locks
into place and the height from the ground is at least six feet (6’).
2. Pools, including wading and
inflatable pools, shall only be used under the supervision of the
provider or assistant(s).
3. Pools without a filtration
system must be emptied and disinfected after each use.
4. Provider shall obtain
written permission from parent/guardian prior to taking a child into
a pool.
S. Telephones and Emergency
Numbers
1. There shall be a working
telephone, other than a pay phone or cell phone, in the child care
area. The phone shall be kept in working order and shall be readily
available for use in case of an emergency.
2. Emergency phone numbers,
including 911, local fire and police departments, emergency room or
hospital, family physician and poison center shall be posted in a
conspicuous place, adjacent to each phone in the child care area.
3. The names and phone numbers
of parents/guardians and emergency contact persons for each child in
care shall be kept adjacent to each phone in the child care area.
T. First Aid and Communicable
Diseases
1. Provider shall have written
instructions relating to first aid and communicable diseases readily
available in the child care area.
2. There shall be a first aid
kit in the home that shall be located out of reach of the children,
but shall be readily accessible to the provider and assistant(s) in
the event of an emergency.
3. The first aid kit shall
contain no less than:
a. Adhesive bandages;
b. Disposable nonporous
gloves;
c. Sealed packages of alcohol
wipes or antiseptic;
d. Scissors, tweezers,
thermometer, bandage tape and safety pins;
e. Sterile gauze pads;
f. Flexible roller gauze;
g. Triangular bandages;
h. Eye dressing; and
i. Cold pack.
4. Syrup of Ipecac shall not
be used to induce vomiting and shall not be included in a first aid
kit or available for use by a family child care home provider.
5. The first aid kit shall be
restocked after use.
6. The first aid kit shall be
taken on field trips and outings away from the home.
U. Emergency/Disaster Plans
and Procedures
1. The provider must develop
and implement an individualized, written plan to prepare for and
respond to potential emergency/disaster situations.
2. The emergency and disaster
plan is appropriate to support the needs of all children in the
program and must be available for review by the Department.
3. In all situations where an
emergency or suspected emergency occurs the provider/assistant(s)
follows their defined procedures.
4. An individualized graphic
evacuation plan identifying all escape routes is posted within the
child care area.
5. All required emergency
phone numbers are posted in a conspicuous place adjacent to the
telephone or phone base.
6. The names and phone numbers
of parents/guardians and emergency contact persons for each child in
care must be readily available for all caregivers.
7. The provider must conduct
regular safety drills.
a. One (1) fire drill must be
conducted every month the program is in operation, with no more than
three (3) drills delayed for weather.
b. Every fourth (4th) drill
must be obstructed, by means of not using one of the typical
exits/egresses. The other drills may be unobstructed.
c. Two (2) shelter-in-place
drills must be conducted every twelve (12) months.
d. A record of all safety
drills must be maintained.
e. Safety drills must be
conducted with assistants, as applicable.
f. Safety drills much be
conducted during all different times that child care is provided.
V. Storage of Drugs, Medicines
and Other Dangerous Substances
1. Drugs and medicines shall
be stored in their original containers in a clean, dry area out of
reach of children or in a locked cabinet. Storage shall be separate
from any items that attract children such as food or candy.
2. Cleaning materials,
detergents, aerosol cans, matches and other substances that could be
a danger to children shall be stored in their original containers out
of reach of children or in a locked cabinet and used in such a way
that shall not contaminate play surfaces, food or food preparation
areas or generally constitute a hazard to children.
W. Food Storage
1. Food shall be properly
stored, covered and/or refrigerated.
2. The refrigerator
temperature shall be maintained at forty-one degrees Fahrenheit
(41°F) or less and the freezer temperature at zero degrees
Fahrenheit (0°F) or less.
X. Stairways
1. Stairways that are used by
children shall have a railing at the children’s height.
2. Stairways shall be well
lighted and kept clear of obstructions.
3. In homes where children
under three (3) years of age are in care, there shall be a gate which
is kept securely fastened at the entry to any stairway accessible to
children.
Y. Ventilation, Glass Doors
and Windows
1. Each room used by children
shall have sufficient ventilation and lighting.
2. Clear glass doors shall be
clearly marked at children’s eye level.
3. All doors and windows which
are used for ventilation shall be securely screened.
4. If windows above the first
floor are used for ventilation, they shall be opened from the top or
secured with safety guards.
Z. Animal Safety
1. All pets, including dogs,
cats and other domestic animals, shall be kept in a safe and sanitary
manner and in accordance with state and local requirements.
2. All animals maintained on
the premises shall have up-to-date rabies and other vaccinations as
required.
3. Children shall, according
to their ages and functioning levels, be protected from pets which
are potentially dangerous to their health or safety.
4. Pets shall not be abused or
threatened in the presence of children.
5. Provider shall notify
parents/guardians of the presence of any pets in the home.
2.3.4 Health and Nutrition
A. General Health Examinations
1. Physical Examination Form -
Prior to enrollment and annually thereafter, the Family Child Care
Home Provider shall obtain from the parent/guardian a statement that
the child has had a physical examination signed by a licensed health
care provider (physician, physician assistant, certified registered
nurse practitioner, other licensed practitioner acting within his/her
scope of practice) that the child has had an age appropriate history
and physical examination, assessing the health and well-being of the
child and indicating any allergies, conditions, or handicaps
affecting the child’s general health that might require special
care.
a. If a child is a foster
child or is experiencing homelessness, a grace period of ninety (90)
days can be granted to obtain the annual health examination
documentation.
2. Immunizations - The
physical examination form shall include evidence that the child is
age appropriately immunized in accordance with rules and regulations
promulgated by the Rhode Island Department of Health, as indicated in
sections relating to Immunization and Communicable Disease Testing in
Preschool, School, Colleges or Universities (see 216-RICR-30-05-3 ).
a. If a child is a foster
child or is experiencing homelessness, a grace period of ninety (90)
days can be granted to obtain the annual health examination
documentation.
3. Exemptions to Immunization
Requirements - A child may only be permanently exempt from the
immunization requirements for either of the two (2) reasons stated
below:
a. The child’s health
care provider has signed the Rhode Island Department of Health’s
Medical Immunization Exemption Certificate attesting that the child
is exempt from a specific vaccine because of medical reasons.
b. The parent/guardian has
signed the Rhode Island Department of Health’s Religious
Immunization Exemption Certificate attesting that immunization
conflicts with the tenets of their religious beliefs.
4. Lead Screening - The
physical examination form shall include evidence that the child has
been screened for lead poisoning in accordance with the Lead
Poisoning Prevention ( 216-RICR-50-15-3 )
promulgated by the Rhode Island Department of Health pursuant to R.I.
Gen. Laws Chapter 23-24.6 (Lead Poisoning Prevention Act).
5. Exemption to the Lead
Screening Requirement - The lead screening requirements shall not
apply if the child's parent/guardian signs a sworn statement
indicating that lead screening is contrary to his/her religious
tenets and practices.
B. Emergency Treatment Form
1. Provider shall have an
Emergency Treatment Form for each child in care that is signed by the
parent/guardian and notarized. This form shall be kept on file for
use in the event of an emergency. It shall be taken on field trips
and outings away from the home.
2. Parent/guardian shall
identify two persons who can be contacted in the event of an
emergency if parent/guardian is unreachable. This information shall
be reviewed with parent/guardian every three (3) months in order to
update any changes.
C. Administration of
Medication
1. Prescribed and
non-prescribed (over the counter) medication must not be administered
to a child without:
a. Written permission from the
parent/guardian; and
b. A written order from a
licensed physician, physician’s assistant, or nurse
practitioner (which may include the label on the medication)
indicating that the medicine is for a specified child. The medication
must be in the original container.
(1) The written order includes
the name of the child, the name of the medication, circumstances
under which it may be administered, route, dosage, and frequency of
administration.
2. The provider or assistant
(or emergency assistant when covering in an emergency) must dispense
all medications.
3. A daily log must be
maintained of every medication administered. This record must include
the following:
a. Child's name;
b. Name and dosage of
medication administered;
c. Date and time administered;
d. Name and signature of the
person who administered the medication; and
e. Name of the licensed
physician, physician’s assistant, or nurse practitioner
prescribing the medication.
4. The medication log is
transported with the child to the emergency treatment facility in the
event of an emergency.
5. The first dose of a
medication must be administered by the parent/guardian.
6. Medications must be stored:
a. In clearly labeled original
containers;
b. In spaces secured with
child safety locks that are separate from any items that attract
children (such as with food, candy, or toys); and
c. In a way that does not
contaminate play surfaces or food preparation areas.
7. Refrigerated medications
must be stores separate from food in a container or compartment in
the refrigerator.
D. Child Exhibiting Symptoms
of Illness
1. A child exhibiting any of
the following symptoms or signs of illness shall be excluded from
child care until an assessment has been completed by a physician or
health care provider:
a. For an infant under four
(4) months of age, an axillary temperature (armpit) above one hundred
degrees Fahrenheit (100°F) is considered a fever. An infant under
four (4) months of age who has a fever, even without any other signs
of illness, should be excluded from the child care and the
parent/guardian should be encouraged to seek medical attention;
b. For children, a fever is
defined as an oral temperature above one hundred and one degrees
Fahrenheit (101°F) or an axillary (armpit) temperature above one
hundred degrees Fahrenheit (100°F). It is the general
recommendation that a child be excluded for a fever when behavior
changes, signs, or symptoms of illness that require further
evaluation accompany it;
c. Diarrhea is defined by more
watery stools, a decreased form of stools not associated with dietary
changes, and increased frequency of passing stool that is not
contained by the child’s ability to use the toilet. A child
with diarrheal illness of an infectious origin may be allowed to
return once the diarrhea resolves unless the infectious agent was
Salmonella, Shigella, or E. Coli. These require negative stool
cultures before return. Contact the Rhode Island Department of Health
with any questions;
d. Blood in the stools not
explainable by dietary change, medication or hard stools;
e. Vomiting (two (2) or more
episodes of vomiting in the previous twenty-four (24) hours). Exclude
until vomiting resolves or until a health care provider determines
that the cause of the vomiting is not contagious and the child is not
in danger of dehydration;
f. Persistent abdominal pain
(continues more than two (2) hours) or intermittent pain associated
with fever or other signs and symptoms;
g. Mouth sores with drooling,
unless the health care provider determines that the child is
non-infectious;
h. Rash with fever or behavior
change, until a physician determines that these symptoms do not
indicate an infectious disease;
i. Purulent conjunctivitis
(pinkeye: accompanied by white or yellow eye discharge), until after
treatment has been initiated;
j. Head lice, until after
treatment;
k. Scabies, until treatment
has been initiated;
l. Tuberculosis, until a
health care provider or health official states that the child is on
appropriate therapy and can attend child care;
m. Impetigo, until twenty-four
(24) hours after treatment has been initiated;
n. Strep throat or other
streptococcal infection, until twenty-four (24) hours after initial
antibiotic treatment and cessation of fever;
o. Chickenpox, until all sores
have crusted over (usually six (6) days);
p. Pertussis, until five (5)
days of appropriate antibiotic treatment has been completed;
q. Mumps, until nine (9) days
after onset of parotid gland swelling;
r. Hepatitis A virus, until
one (1) week after onset of illness, jaundice, or as directed by the
health department;
s. Measles, until four (4)
days after onset of rash;
t. Rubella, until six (6) days
after onset of rash;
u. Unspecified respiratory
tract illness;
v. Shingles;
w. Herpes simplex;
x. The illness prevents the
child from participating comfortably in activities as determined by
the child care provider;
y. The illness results in a
greater need for care than the child care staff can provide without
compromising the health and safety of the other children as
determined by the child care provider.
2. Documentation of the health
assessment shall be maintained on file in the child’s record. A
note signed by the child’s parent/guardian that includes the
date, time and results of the assessment and name of the health care
provider consulted shall be considered acceptable documentation.
3. Provider shall not re-admit
a child who has been placed on an antibiotic or other prescription
medication until the child has been on the medication for at least
twenty-four (24) hours. The decision to care for a child who is ill
or to re-admit an ill child shall be made by the provider after
evaluating the child’s history, symptoms and general condition.
E. Child with Parasite
Infection
1. A child exhibiting signs of
a parasite infection, such as scabies or head lice, shall be excluded
from the home until treated.
2. Provider shall notify
parents/guardians of all the children in care of possible parasite
infestation.
3. Provider shall disinfect
the home by cleaning all articles that may contain lice or nits such
as clothes, towels and bed linens. These should be washed in hot
water and detergent, or dry cleaned. Rugs, carpeting and upholstery
shall be vacuumed.
F. Communicable Diseases
1. In the event a child,
provider, or assistant suffers from a communicable disease, of public
health significance, or in the event of an outbreak of any type, the
provider must:
a. Report the disease to RI
Department of Health, Center for Acute Infectious Disease
Epidemiology;
b. Provide written notice to
inform all parents/guardians to which communicable disease the
child(ren) may have been exposed, without providing any identifying
information regarding the source of the communicable disease.
2. In all matters of exclusion
and readmission of children for reasons of illness, the decision of
the provider applies. If applicable, due to communicable disease,
this decision is made in consultation with a licensed physician,
physician’s assistant, or nurse practitioner, and RI Department
of Health, Center for Acute Infectious Disease Epidemiology.
a. Any child who has been
placed on an antibiotic medication may not be admitted to the program
for a period of at least twenty-four (24) hours.
b. Any child exhibiting signs
of a parasite infection, such as scabies or head lice, may not be
admitted to the program until the child has been successfully treated
and no longer has any live parasites.
G. Environmental Health
1. The residence, equipment,
and materials are clean, free of hazards, and kept in good repair.
2. Any product used for
cleaning, sanitizing and/or disinfecting is approved by the United
States Environmental Protection Agency as indicated on the product
label and is used in accordance with the manufacturer’s
instructions.
3. Toxic substances and any
other items of potential danger to children are clearly labeled and
are in an area that is secured by a child safety lock.
4. All preventive maintenance
performed within the residence must be performed at times when
children are not in the area of the equipment or systems being
serviced.
a. Tools, supplies, materials,
parts, or debris must not be left at the job site, unless they are
secured and stored away from children.
5. Garbage receptacles are
lined, and garbage is removed from the program daily.
6. Any rodent and insect
infestation is promptly treated. Insecticides and rodenticides must
be approved by the RI Department of Environmental Management and used
in accordance with manufacturer’s instructions. Guidelines and
requirements are found in R.I. Gen. Laws § 23-25-38 and must be
adhered to.
7. The provider posts (in a
conspicuous place where all parents and visitors can see) and follows
a regular cleaning and sanitation schedule, including provisions for
deep cleaning.
8. Tables, feeding seats, and
high chair trays, used for eating are sanitized before and after
meals and snacks.
9. Sensory water tables or
other receptacles used for water play are emptied and sanitized
daily.
10. Reusable sponges and dish
clothes are not used for cleaning and/or sanitizing.
11. The use of any public
water fountain is prohibited.
H. When a Child Becomes Ill in
Care
1. Provider shall notify the
parent/guardian immediately when a child becomes ill while in care.
2. Provider shall furnish
special care for an ill child, including a comfortable resting space
in a quiet area away from other children, within sight of the
provider or assistant.
I. Caring for Child with
Handicapping Condition or Special Needs
1. When a child with a
handicapping condition or special needs is accepted for care, the
provider shall obtain from the parent/guardian written
recommendations for any specialized care that the child may require.
These recommendations shall come from or be endorsed by the child’s
physician or other authorized professional who has evaluated or
treated the child.
2. Care provided to children
with special needs shall be in accordance with the child’s
Individualized Educational Plan (IEP) or the Individualized Family
Service Plan (IFSP).
J. Food Allergies
1. For each child with food
allergies or special nutritional needs, the provider requests that
the parent/guardian obtains a care plan from the child’s health
care provider.
2. The provider must make
provisions for protecting children with food allergies from contact
with the allergen(s).
3. The provider asks the
parent/guardian of a child with food allergies to give consent for
posting information within the program about that child’s food
allergy.
a. If consent for posting is
provided, that information is posted in the food preparation area and
in the areas of the program the child uses.
b. If consent for posting is
not provided, then this information is shared verbally with all
relevant staff, including substitutes, and is documented in the
child’s file.
K. Snacks and Meals
1. Provider shall serve
nutritious mid-morning and mid-afternoon snacks and nutritious meals
to the children in care in accordance with the child care component
of the USDA Child and Adult Care Food Programs (CACFP).
2. When parents/guardians
provide snacks or other meals, the provider shall monitor the food to
ensure nutritious value. Provider shall provide parents/guardians
with written guidelines for meals and snacks and suggest how they can
assist the provider in meeting these guidelines.
3. Whenever possible, the
provider shall sit and eat with the children.
L. Beverages – Provider
shall offer age-appropriate beverages as defined below:
1. Infants (birth through
twelve (12) months)
a. Either breastmilk or
iron-fortified infant formula or portions of both, must be served for
the entire first year.
b. Juice shall not be offered
to infants until they are six (6) months of age and ready to drink
from a cup. The provider should offer not more than four (4) ounces
of one hundred percent (100%) fruit juice per day. Juice should be
offered at either a meal or a snack instead of continuously
throughout the day. Fruit drinks or punch, soda, and other
sugar-sweetened beverages are not allowed.
2. Toddlers Twelve (12) months
through twenty-four (24) months
a. Only whole pasteurized milk
should be served to children between the ages of twelve (12) and
twenty-four (24) months. The provider shall not serve skim or nonfat,
low-fat (one (1) percent or two (2) percent) to any child between
twelve (12) and twenty-four (24) months.
b. Juice – The provider
should offer not more than four (4) ounces of one hundred percent
(100%) fruit juice per day. Juice should be served from a cup and
should be offered at either a meal or a snack instead of continuously
throughout the day. Fruit drinks or punch, soda, and other
sugar-sweetened beverages are not allowed.
c. The provider shall have
drinking water readily available to the children during the time that
they are in care.
3. Children two (2) years and
older
a. Children two (2) years and
older should be served skim or nonfat milk or low-fat milk (one
percent (1%) or two percent (2%) fat milk) in accordance with
guidelines established by the American Academy of Pediatrics.
b. Juice – The provider
should offer not more than six (6) ounces of one hundred percent
(100%) fruit juice per day. Juice should be served from a cup and
should be offered at either a meal or a snack instead of continuously
throughout the day. Fruit drinks or punch, soda, and other
sugar-sweetened beverages are not allowed.
c. The provider shall have
drinking water readily available to the children during the time that
they are in care.
2.3.5 Activities, Materials
and Equipment
A. Activities
1. Provider shall spend time
directly involved in activities that center on the developmental
needs, interests and strengths of the children in care.
2. The focus shall be toward
developmentally appropriate and culturally competent practices,
incorporating child-centered, child-initiated and provider-guided
play activities.
B. Learning Environment - The
learning environment in the home shall be designed to provide the
children with opportunities to learn through active exploring,
interacting with other children and adults and with the materials
provided.
C. Daily Routine and
Scheduling
1. Provider shall have a
written plan of activities and routines that meet the developmental,
cultural, and individual needs of the children in care.
2. The daily routine shall
include all of the following:
a. Physical activity and quiet
play;
b. Indoor and outdoor play as
weather permits; and
c. Age appropriate health
routines such as toileting, hand washing, tooth brushing, resting or
sleeping and eating.
D. Indoor and Outdoor Play
Materials and Equipment
1. The provider shall have
available an adequate variety of materials for indoor and outdoor
play, such as art supplies (paints, crayons, paste, scissors), blocks
and block accessories, books, large muscle equipment (wheel toys,
climbers, balls), manipulative toys (busy-boxes, puzzles, small
building sets), musical equipment (rattles, instruments, audiotapes)
and dramatic play materials (dress-up clothes and puppets). Play
materials must be culturally inclusive and appropriate to the age,
number, growth and developmental needs of the children in care.
2. A variety of materials
shall be accessible to the children to promote exploration. Materials
that require supervision shall be stored out of reach of children.
3. Television/video viewing
shall be limited, and when utilized shall be appropriate for the age
and developmental level of the children in care.
4. All equipment and materials
shall be free from hazards such as lead paint, insects, protruding
nails or rust that may be dangerous to children and shall be kept
clean and in good repair.
5. Infants and toddlers shall
be protected from objects that could be swallowed.
6. The use of walkers with
wheels is prohibited.
7. Toys that explode or shoot,
such as caps, guns and darts shall not be allowed.
8. Balloons shall only be
allowed for special occasions such as birthdays, and their use shall
be under close adult supervision.
9. Outdoor sandboxes shall be
kept covered when not in use.
10. Outdoor climbing equipment
five feet (5’) high or over shall have adequate cushioning
underneath.
11. The use of trampolines is
prohibited.
12. All equipment used for
child care which is covered by federal regulations shall meet such
regulations.
13. If children are taken to a
public playground the provider shall be alert and aware of safety
dangers such as peeling paint, uncovered sandboxes, debris and animal
waste.
E. Sleeping/Resting
Arrangements
1. Sleeping routines meet the
individual needs of children in the program.
2. Provider/assistant(s) may
encourage children to rest, but children must not be forced children
to sleep or stay awake.
3. There is a sleep plan
appropriate to the needs of each child.
4. Infants sleep in a safe
sleep environment consistent with the American Academy of Pediatrics
Safe Sleep Guidelines
(https://www.healthychildren.org/English/ages-stages/baby/sleep/Pages/A-Parents-Guide-to-Safe-Sleep.aspx).
5. An infant must be placed on
his/her back while sleeping.
6. Monitors or positioning
devices must not be used.
7. There are no restraining
devices of any type, including swaddles.
8. Modifications to an
infant’s safe sleep environment regarding positioning, are not
permitted unless the infant’s physician, physician’s
assistant or nurse practitioner has completed a signed waiver
indicating that the child requires an alternate sleeping arrangement.
9. Infants must sleep in a
crib or portable crib approved by the United States Consumer Product
Safety Commission Standards
( https://eclkc.ohs.acf.hhs.gov/safety-practices/article/child-care-providers-your-guide-new-crib-standards ),
equipped with a firm crib mattress and a tight-fitting sheet.
a. The mattress must not be
supplemented with additional foam materials or pads.
b. For crib safety information
and tips on how to make an old crib safer, write to the Consumer
Product Safety Commission, Washington, D.C. 20207, or telephone the
toll-free hotline (800) 638-2772 for additional safety tips.
c. For Safe Sleep Guidelines,
see the American Academy of Pediatrics
( https://www.healthychildren.org/English/ages-stages/baby/sleep/Pages/A-Parents-Guide-to-Safe-Sleep.aspx ).
10. Lighting must allow for
provider/assistant(s) to view the color of the child’s skin and
to check for breathing.
11. Children cannot sleep in a
car safety seat, bean bag chair, bouncy seat, infant seat, swing,
jumping chair, highchair, or in comparable equipment/furniture.
12. If an infant arrives at
the home or residence asleep in a car safety seat, or falls asleep in
comparable equipment, the infant is immediately removed from the car
seat or comparable equipment and placed in a safe sleep environment.
13. Clothing designed for safe
sleep, including sleep sacks, are permitted.
14. No items can be placed in
the crib/portable crib with an infant except for a pacifier.
15. A pacifier clip is not
permitted for use in a crib/portable crib.
16. No additional items are
placed on or above the crib/portable crib.
17. Cribs/portable cribs are
only used for rest or sleep.
18. Children must rest/sleep
in a location in the residence where they can be in both sight and
sound supervision by the provider/assistant(s) at all times.
a. During hours of operation,
no child may rest/sleep behind a closed door.
19. Baby monitors, of any
kind, are not permitted as a substitute for any form of supervision.
F. Toilet Training
1. Toilet training shall be an
individual plan, based on the child’s readiness and carried out
in conjunction with the parent/guardian.
2. There shall be no routine
attempt to toilet train any child under the age of twenty-four (24)
months without consent of parent/guardian.
2.3.6 Behavior Management
A. Positive Behavior
Management Techniques
1. Provider and assistants
shall be positive role models for the children in care.
2. Provider and assistants
shall use positive, consistent methods in guiding children back on
task, shall encourage appropriate behavior and set clear limits and
rules that children can understand.
3. Provider and assistants
shall match their expectations with the developing abilities and
capabilities of the children.
4. Provider and assistants
shall praise the accomplishments of the children and encourage their
attempts at tasks.
5. Provider and assistants
shall use positive, firm limit setting in situations where a child’s
safety is at stake.
6. Provider and assistants
shall assist children by redirecting them from inappropriate actions
to activities that are more favorable.
B. Written Discipline Policy
1. Provider shall develop a
written discipline policy that is consistent with the regulations.
2. This policy shall be shared
with the parent/guardian when the child is enrolled.
C. Child Abuse and Neglect
1. Any suspected case of child
abuse and/or neglect is reported to the RI Department of Children,
Youth and Families’ Child Protective Services (CPS) hotline
(1-800-RI-CHILD/1-800-742-4453) within twenty-four (24) hours in
accordance with state law and Department policy.
2. If the suspected case
occurred at the program, the program must report to the Department’s
licensing unit after reporting to the CPS hotline.
D. Prohibited Practices
1. Physical restraint of
children is prohibited.
2. Corporal punishment is
strictly prohibited. Corporal punishment includes, but is not limited
to:
a. Hitting, spanking, shaking,
slapping, twisting, pulling, squeezing, or biting a child;
b. Demanding excessive
physical exercise, excessive rest, or strenuous or bizarre postures
of a child;
c. Compelling a child to eat
or have in his/her mouth soap, food, spices, or foreign substances;
d. Exposing a child to
extremes of temperature;
e. Isolating a child in an
adjacent room, hallway, closet, darkened area, play area, or any
other area where a child cannot be seen or supervised; and
f. Binding, tying, or taping
to restrict movement.
2.3.7 Administration
A. The family child care home
shall be open to parents/guardians for visits whenever the program is
in operation.
B. A pre-admission interview
shall be held with the parent/guardian to secure health and family
history, to obtain background information on the child and his/her
home, and to develop the child’s program.
C. Prior to the admission of a
child, the provider shall obtain in writing from the parent/guardian
the following information:
1. Child’s full name,
address and verified date of birth;
2. Name, address and phone
number of the parents/guardians;
3. Address and phone number
where the parents/guardians can be reached during the hours that the
child is in care;
4. Names, addresses and phone
numbers of two (2) relatives or friends who can be contacted in any
emergency if parent/guardian cannot be reached;
5. Permission for the provider
to act in an emergency (refer to § 2.3.4(B) of this Part);
6. Names and addresses of all
persons who are authorized to take the child from the child care
home;
7. Copies of any pertinent
custody information or restraining orders;
8. Child’s eating and
sleeping habits, food preferences, allergies and any special medical
or emotional problems; and
9. Name of any health
insurance plan and policy number under which the child is covered.
D. There shall be
opportunities for the child and parent/guardian to visit the family
child care home one (1) or more times before enrollment.
E. Communication with
Parents/Guardians
1. Provider shall have a plan
for communicating with parents/guardians. The plan may include means
of communication such as conferences, handbooks, newsletters,
bulletin boards and notes.
2. When children under the age
of eighteen (18) months are in care, there shall be written daily
communication that shall include references to the child’s
mood, health, feeding, sleeping, toileting and activities. Daily
communication for children over eighteen (18) months may be verbal
and should cover the same areas.
F. Provider shall maintain a
directory of professional community services and shall make relevant
information available to parents/guardians as needed.
G. Provider shall obtain
written permission from the parent/guardian to take the child off the
premises of the day family child care home. Such permission shall be
obtained prior to the activity.
H. Transportation of Children
1. If the provider chooses to
provide transportation, a transportation policy must be written.
2. The program is required to
adhere to state law and the rules and regulations of the Rhode Island
Department of Motor Vehicles, and comply with state regulations for
vehicles that transport children as part of the program regarding:
a. Registration;
b. Inspections; and
c. Insurance.
3. All individuals who provide
transportation of children for the Family Child Care Home must:
a. Hold a valid Rhode Island
Chauffeur’s License or equivalent from another state (see R.I.
Gen. Laws Chapter 31-22 Miscellaneous Rules, R.I. Gen. Laws §
31-22-11.6 Child Care Vehicles and School Extra-Curricular Vehicles);
and
b. Have a completed background
check on file.
4. Children must never be left
alone in the vehicle.
5. A face-to-name attendance
check of all children must be completed upon entrance to and
departure from the vehicle and documented.
6. Attendance and emergency
information on each child being transported must be available in the
vehicle when transportation is being provided.
7. When being transported,
children must be properly secured in the appropriate safety restraint
or car seat for their age.
8. At the discretion of the
provider, and with adherence to the more stringent staffing patterns,
public transportation may be used.
I. Provider shall not release
a child to any parent/guardian or other person who appears to be
under the influence of alcohol or drugs when that person is going to
be transporting the child.
J. Provider shall maintain a
file for each child in care.
1. The file shall contain all
information gathered on the child, including medical forms, emergency
treatment forms, child care agreement with parent/guardian and
permission forms.
2. All information about a
child in care shall be kept confidential and shall not be released to
any person without the written permission of the parent/guardian.
3. Files for all children in
care shall be kept together in a place where they are readily
accessible.
K. Illness and Injury
1. If a child presents with
symptoms of concern, the provider/assistant(s) must:
a. Document the findings;
b. Determine the needs of the
child and make accommodations as necessary; and
c. Notify the parent/guardian,
as necessary.
2. If a child becomes ill or
is injured while at the program, the provider/assistant(s) must:
a. Contact the child's
parent/guardian;
b. Contact emergency
personnel, as needed;
c. Provide relevant first aid
support, as needed;
d. Ensure special care for the
child, including a comfortable resting space in a quiet area away
from other children, within sight and sound of the
provider/assistant(s); and
e. Disinfect furniture and
materials touched by the ill child.
L. Family Child Care License
and Regulations
1. Provider shall post the
Family Child Care Home License in a prominent place in the home where
it is visible to parents/guardians.
2. Provider shall make the
Family Child Care Home Regulations for Licensure available to
prospective parents/guardians and the parents/guardians of the
children in care.
M. Provider shall allow
representatives from the Rhode Island Department of Human Services,
the Rhode Island Department of Children, Youth and Families and the
Rhode Island Office of the Child Advocate entrance into the family
child care home at any time that child care is being provided.
Department representatives and the Child Advocate or his/her designee
shall be allowed to inspect the home to determine compliance with the
Regulations and shall be allowed access to all records kept by the
provider related to compliance with the Regulations for Licensure.
N. Provider shall not
discriminate in providing childcare on the basis of race, color,
national origin, sex, gender identity or expression, sexual
orientation, religious belief, political belief or handicap.
O. Provider shall not
advertise as a child care center, nursery school, pre-school or group
child care home.