218-RICR-70-00-7
218-RICR-70-00-7. Group Family Child Care Home Regulations for Licensure (version Amendment, 12/06/2019 to 06/03/2020)
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7.1 GENERAL PROVISIONS
7.1.1 LEGAL BASIS
A. R.I. Gen Laws §
40-13.2-2 - Qualification for Child Care Employment
B. R.I. Gen. Laws §
42-12-23 - Child Care - Planning and Coordinating
C. R.I. Gen. Laws Chapter
42-12.5 – Licensing and Monitoring of Child Day Care Providers
D. R.I. Gen. Laws Chapter
42-72.11 - Administrative Penalties for Child Care Licensing
Violations
E. R.I. Gen. Laws Chapter
40-13.2 – Certification of Child Care and Youth Serving Agency
Workers
7.1.2 DEFINITION
"Group family child care
home" means a residence occupied by an individual of at least
twenty-one (21) years of age, who provides care for not less than
nine (9) and not more than twelve (12) children with the assistance
of one or more approved adults, for any part of a twenty- four (24)
hour day. The maximum of twelve (12) children shall include children
under six (6) years of age who are living in the home, unrelated
children under six (6) years of age received for care, school age
children under the age of twelve (12) years, whether they are living
in the home or are received for care, and children related to the
provider who are received for care. These programs shall be subject
to yearly licensing as addressed in RI Gen Laws §42-12.5-5 and
shall comply with all applicable state and local fire, health and
zoning regulations. Any person who operates a Group Family Child Care
Home as defined in R.I. Gen. Laws § 42-12.5-2 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 § 42-12.5-6.
7.2 LICENSING PROVISIONS
7.2.1 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 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 Department Operating
Procedure, Criminal Records Checks (R.I. Gen. Laws Chapter 40-13.5).
c. Notarized Employment
History Affidavits (Form #108) completed by the applicant and any
proposed assistants, including emergency assistants, in accordance
with Department Operating Procedure, Employment Background Checks:
Facility Operators and Facility Employees (R.I. Gen. Laws Chapter
40-13.5).
3. Every application for DHS
licensure to operate a group family child care home shall be
accompanied by a fee, established in R.I. Gen. Laws § 4212.5-5,
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 Department Operating Procedure, Criminal
Records Checks (R.I. Gen. Laws Chapter 40-13.2).
a. This Policy includes a
listing of criminal offenses that automatically disqualify an
individual from seeking employment in a child care facility if that
individual has been arrested and convicted or arrested pending
disposition for one of the listed offenses.
b. Additionally, criminal
history of any offense will be reviewed and based upon such review,
an applicant with a conviction of an offense that is not
automatically disqualifying may be denied licensure if it is
determined by the Child Care Licensing Supervisor that the conduct of
the applicant impacts upon the fitness and suitability of the
applicant to provide child care.
3. Results of all required
criminal records checks must be received prior to licensure for
operator and household members and prior to employment for assistants
and emergency assistants.
D. Department of Children
Youth and Families (DCYF) Records Checks
1. The applicant, members of
the applicant's household and any proposed child care assistants,
including emergency assistants, must undergo a DCYF records check in
accordance with Department Operating Procedure, Clearance of Agency
Activity (R.I. Gen. Laws Chapter 4013.5).
a. Department Operating
Procedure includes a listing of indicated allegations of child abuse
and/or neglect that automatically disqualify a person from operating
or seeking employment in a child care facility.
b. Additionally, all agency
involvement will be reviewed and based upon such review, an applicant
with a history of DCYF involvement that is not automatically
disqualifying may be denied licensure if it is determined, by the
Child Care Licensing 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, Health and Building
Inspections - The applicant’s home where the child care will be
provided shall be approved by the State Fire Marshal as being in
compliance with the applicable section of the State Fire Code, by the
Health Department as being in compliance with applicable health and
safety standards and by the local Building Inspector as being in
compliance with the State Building Code.
F. Zoning - The applicant
shall demonstrate that the applicant is in compliance with local
zoning ordinances or has obtained a variance from such ordinances.
G. 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.
7.2.2 PROVISIONAL LICENSE
Upon successful completion of
the above-stated licensing requirements, the applicant shall be
issued within one hundred and twenty (120) days a Provisional
License, which shall be valid for six (6) months. Prior to the
expiration of this license, the operation of the program will be
evaluated by the DHS Child Care Licensing Unit.
7.2.3 LICENSE
A. Prior to the expiration of
the Provisional License, the Department will review the operation of
the program.
B. If there are areas of
noncompliance, the Department may require the program to cease
operation or may issue a Probationary License which is valid for a
limited period of time, during which period the program must come
into full compliance with these regulations. A Probationary License
shall not be issued when the area of noncompliance constitutes a
danger to the health and/or safety of the children in care.
C. If the program is
determined to be operating in full compliance with licensing
regulations, a full license, which will be valid for a period of one
year, will be issued.
D. 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.
E. The license entitles the
Director of the Department of Human Services, or designee, and the
Child Advocate, or designee, to be given the right of entrance, the
privilege to inspect and access to all records in order to ascertain
compliance with regulations and to investigate complaints.
7.2.4 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 per cent (20%) of the time may be allowed to be away
from the home in excess of twenty per cent (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.
7.2.5 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 group 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 Group Family Child
Care Home remains in violation at the end of the designated time
frame, the Licensing Administrator, or designee, initiates action to
suspend, revoke or continue the license on Probationary Status.
B. Any complaint, which
alleges that a child has been abused and/or neglected in a group
family child care home, will be referred to Child Protective Services
for review and/or investigation.
7.2.6 DENIAL, REVOCATION OR
SUSPENSION OF 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 § 7.2.1(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 §
7.2.1(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 (7) 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 Director, or
designee, finds that the public health, safety or welfare requires
emergency action and the Department incorporates such findings in an
order, the Department may order summary suspension of the license or
curtailment of activities as enumerated above, pending proceedings
for revocation or other action in accordance with R.I. Gen. Laws §
42-35-14(c).
7.2.7 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 or decisions shall be
held in accordance with the Executive Office of Health and Human
Services administrative appeal policy.
7.2.8 DUAL FOSTER CARE
LICENSE AND GROUP FAMILY CHILD CARE LICENSE
A. A foster care provider will
be permitted to apply for a Group 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 violations of licensing regulations.
2. Applicant must be able to
demonstrate ability to comply with the DHS Group Family Child Care
Home Regulations and the DCYF Foster Care Licensing Regulations
(214-RICR-40-00-3).
B. The decision to issue a
Group Family Child Care Home License will be made by the DHS
Licensing Administrator.
C. The following stipulations
will apply when a Group 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 group child care home or
in any other child care facility.
7.2.9 LICENSE RENEWAL
A. DHS Child Care Licensing
Unit provides renewal application packet to Group 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. Group Family Child Care
Home Provider is required to do the following for renewal of license:
1. Submit the completed
renewal application and application fee to the Licensing Unit at
least four (4) months prior to the license expiration.
a. This allows sufficient time
to complete the process.
b. If the renewal process is
not completed by the expiration of the license, the Child Care
Licensing Unit will terminate the renewal process and the Group
Family Child Care Home will no longer be licensed to provide child
care.
2. Show evidence of liability
insurance coverage for the child care program.
3. Ensure that medical
reference has been completed.
4. Provide documentation that
required training has been completed (refer to § 7.3.2(A) of
this Part below).
5. Provide documentation that
the home has been tested for radon and found safe.
6. 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.
7. Provide results of fire
inspection.
8. Undergo a statewide
criminal records check.
9. Undergo a DCYF agency
clearance.
10. Undergo a 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.
11. 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
b. Documentation that required
training has been completed (refer to § 7.3.2(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).
7.3 LICENSING STANDARDS
7.3.1 NUMBER OF CHILDREN IN
CARE AND THEIR SUPERVISION
A. A group family child care
home provider shall care for no more than twelve (12) children at any
time.
B. There shall be an approved
assistant in the home, assisting the provider with the care of the
children, at all times when child care is being provided.
C. There shall be no more than
eight (8) children under the age of eighteen (18) months in child
care at any time. When there are more than four (4) children under
the age of eighteen (18) months of age in child care, the provider
shall have two (2) approved assistants in the home who are directly
involved with the care of the children.
D. The following staff/child
ratios shall be maintained at all times in a group family child care
home:
1. Children ages 0 - 18 months
- 1 staff for 4 children.
2. Children ages 18 months and
older - 1 staff for 6 children.
E. 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 who are in care in the home
shall be counted in the appropriate age groups.
F. Provider Time Out of the
Home
1. Provider may be out of the
home 20% of the total work week, (20% of 40 hours equals 8 hours per
week), not to exceed fifteen (15) hours, leaving the children under
the direct supervision of approved assistants.
2. Provider may be out of the
home due to health-related appointments or classes/training related
to child care which 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 §§
7.3.1(A) through (D) of this Part above.
3. 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.
G. 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.
H. Provider shall have a plan
for handling emergencies and shall have at least two (2) individuals,
who have been approved as emergency assistants, readily available to
be called upon for child care assistance in the event of an
emergency. At least one emergency assistant should 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 §§ 7.3.1(A) through (D) of this Part above shall
be maintained.
2. An emergency is defined as
being 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.
I. Provider shall work no more
than fifteen (15) hours in a twenty-four (24) hour period, including
child care and any other employment. Provider shall be awake during
the hours child care is being provided.
J. 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.
7.3.2 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 meeting one
of the following criteria:
a. Hold a degree at the
Associate’s level or beyond from an approved/accredited
post-secondary institution in Child Development, Early Childhood
Education or a field directly related to the care of young children.
b. Hold a Child Development
Associate Certificate (CDA) in Family Child Care.
c. Hold a certificate (one
year) in Child Development from an approved/accredited post-secondary
institution and have, at least, two (2) years of satisfactory
experience operating a licensed home child care program.
d. Hold a high school diploma
or its equivalent, show evidence of having successfully completed a
minimum of three (3) courses related to the care of young children at
an approved/accredited post-secondary institution and have a minimum
of five (5) years of satisfactory experience operating a licensed
home child care program.
e. National Association for
Family Child Care (NAFCC) or equivalent accreditation approved by
DHS.
2. Provider shall show
evidence of having successfully completed the following:
a. Current certification in
CPR and First Aid;
b. Approved Family Child Care
Training Program; and
c. DHS orientation to Family
Child Care.
3. Provider shall complete a
minimum of fifteen (15) hours of training every year.
a. The provider shall be
responsible for maintaining documentation of his/her 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 show
evidence of having current certification in CPR and First Aid and
shall be:
a. At least twenty-one (21)
years of age; or
b. At least eighteen (18)
years of age and show evidence of:
(1) Successful completion of a
secondary (high school) child care/child development curriculum
approved by the Department of Education; or
(2) College courses, totaling
six (6) credits, in human growth and development or early childhood
education.
2. Provider shall orient a new
assistant within the first week of work in the group family child
care home. The orientation shall include a review of:
a. DHS Group 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 group child care
home.
3. Assistant shall complete a
minimum of eight (8) hours of training every year.
a. The provider shall be
responsible for maintaining documentation of the assistant’s
completed training hours.
b. See § 7.3.2(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 Hope
providers must adopt policies and procedures consistent with the RI
Department of Health's Rules and Regulations pertaining to
immunization and communicable disease in preschool and school (see
216-RICR-30-05-3 § 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 child
bearing 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 group family child care home or within twenty-five (25)
feet 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.
7.3.3 PHYSICAL SPACE AND
HOME SAFETY
A. Overall Condition of Group
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. Provider 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" 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 Group Family
Child Care Home, either interior or exterior.
2. A Group 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
1. There shall be sufficient
indoor space to allow for thirty-five (35) square feet of usable
space per child in care.
2. This space shall be on the
first floor, ground level of the home. Any furniture in the area
shall be appropriate for children’s use.
3. This space shall be
exclusive of bathrooms, hallways, kitchen and any rooms that are used
for activities other than child care.
4. There shall be adequate
open space available to allow for program activities and freedom of
movement by the children.
5. Provisions for
sleeping/napping shall be made on the first floor of the home.
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 (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 (4) foot railing and the slats shall be no more
than three and one-half (3 ½) inches 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 group 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 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. Nonlatex 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 (120) degrees Fahrenheit.
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 group family child care
home shall have a heating system capable of maintaining a minimum
temperature of sixty-five (65) degrees 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 group 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 group 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. The 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 (6) feet high with a locked gate.
b. Above ground pools may have
a four (4) foot 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 (6) feet.
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. The 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 all children
in care shall be kept adjacent to each phone in the child care area.
T. First Aid and Communicable
Diseases
1. The 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.
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 group 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 (41) degrees Fahrenheit
or less and the freezer temperature at zero (0) degrees Fahrenheit 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 Door 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. The provider shall notify
parents/guardians of the presence of any pets in the home.
7.3.4 HEALTH AND NUTRITION
A. General Health Examinations
1. Physical Examination Form -
Prior to enrollment and annually thereafter, the Group 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 against diphtheria, tetanus, pertussis,
poliomyelitis, measles, mumps, rubella, Haemophilus influenzae type
B, hepatitis B, varicella (chickenpox), and pneumococcal disease, in
accordance with rules and regulations promulgated by the Rhode Island
Department of Health relating to immunization and testing for
communicable disease.
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 § 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
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 (2) 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
(100) degrees 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 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 (101)
degrees or an axillary (armpit) temperature above one hundred (100)
degrees. 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. The 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. The provider shall notify
parents/guardians of all the children in care of possible parasite
infestation.
3. The 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.
3. If a parasite infection,
such as scabies or head lice, is found within the residence, the
provider must:
a. wash all linens, clothes,
and other cloth materials with hot water and detergent, or dry clean;
and
b. vacuum all rugs/carpeting
and upholstery.
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 are
approved by the RI Department of Environmental Management and used in
accordance with manufacturer’s instructions.
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 – The
provider shall offer age-appropriate beverages as defined below:
1. Infants (birth through
twelve (12) months);
a. Either breast milk 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 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 percent (1%) or two percent(2%)) 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.
7.3.5 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. The provider shall have a
written plan of activities and routines that meets 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
Material 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 which 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. All outdoor sandboxes shall
be kept covered when not in use.
10. Outdoor climbing equipment
five (5) feet high or over shall have adequate cushioning underneath.
11. The use of trampolines is
prohibited.
12. All equipment used for
child care that 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 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.
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, equipped with a firm crib mattress and a
tight-fitting sheet.
a. The mattress must not be
supplemented with additional foam materials or pads.
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 parent/guardian.
2. There shall be no routine
attempt to toilet train children under the age of twenty-four (24)
months without consent of parent/guardian.
7.3.6 BEHAVIOR MANAGEMENT
A. Positive Behavior
Management Techniques
1. Provider and assistant
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 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.
7.3.7 ADMINISTRATION
A. The group 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 admission, 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 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 § 7.3.4(B) of this Part);
6. Names and addresses of all
persons who are authorized to take the child from the group 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 group
family child care home one 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 group 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
Registry 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; 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. Group Family Child Care
License and Regulations
1. Provider shall post the
Group Family Child Care Home License in a prominent place in the home
where it is visible to parents/guardians.
2. Provider shall make the
Group 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,
Rhode Island Department of Children, Youth and Families Child
Protective Services, and the Rhode Island Office of the Child
Advocate entrance into the group family child care home at any time
that child care is being provided.
N. 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 the compliance with the Regulations for Licensure.
O. 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.
P. Provider shall not
advertise as a child care center, nursery school or pre-school.