Chapter 075

2006 -- H 7305 SUBSTITUTE A

Enacted 06/14/06

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD CARE PROVIDERS

Introduced By: Representatives San Bento, Gallison, and Lewiss

Date Introduced: February 15, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72.1-5 of the General Laws in Chapter 42-72.1 entitled

"Licensing and Monitoring of Child Care Providers and Child-Placing Agencies" is hereby

amended to read as follows:

42-72.1-5. General licensing provisions. -- The following general licensing provisions

shall apply:

      (1) A license issued under this chapter is not transferable and applies only to the licensee

and the location stated in the application and remains the property of the department. A license

shall be publicly displayed. A license shall be valid for one year from the date of issue and upon

continuing compliance with the regulations, except that a certificate issued to a family day care

home, a license issued to a foster parent, and/or a license issued to a program for mental health

services for "seriously emotionally disturbed children" as defined in section 42-72-5(b)(24) shall

be valid for two (2) years from date of issue.

      (2) Every license application issued pursuant to section 42-72.1-4 shall be accompanied

by a nonrefundable application fee paid to the State of Rhode Island as follows:

      (a) Adoption and foster care child placing agency license- one thousand dollars ($1000);

      (b) Child day care center license- five hundred dollars ($500);

      (c) Group family day care home license -- two hundred and fifty dollars ($250);

      (d) Family day care home license- one hundred dollars ($100);.

      (3) All fees collected by the State pursuant to paragraph (2) of this section shall be

deposited by the General Treasurer as general revenues.

      (4) A licensee shall comply with applicable state fire and health safety standards.

      (5) The department may grant a provisional license to an applicant, excluding any foster

parent applicant, who is not able to demonstrate compliance with all of the regulations because

the program or residence is not in full operation; however, the applicant must meet all regulations

that can be met in the opinion of the administrator before the program is fully operational. The

provisional license shall be granted for a limited period not to exceed six (6) months and shall be

subject to review every three (3) months.

      (6) The department may grant a probationary license to a licensee who is temporarily

unable to comply with a rule or rules when the noncompliance does not present an immediate

threat to the health and well-being of the children, and when the licensee has obtained a plan

approved by the administrator to correct the areas of noncompliance within the probationary

period. A probationary license shall be issued for up to twelve (12) months; it may be extended

for an additional six (6) months at the discretion of the administrator. A probationary license that

states the conditions of probation may be issued by the administrator at any time for due cause.

Any prior existing license is invalidated when a probationary license is issued. When the

probationary license expires, the administrator may reinstate the original license to the end of its

term, issue a new license or revoke the license.

      (7) The administrator will establish criteria and procedure for granting variances as part

of the regulations.

      (8) The above exceptions (probationary and provisional licensing and variances) do not

apply to and shall not be deemed to constitute any variance from state fire and health safety

standards. However, if a request for a variance of fire inspection deficiencies has been submitted

to the fire safety code board of appeal and review, DCYF may grant a provisional license to

terminate no later than thirty (30) days following the board's decision on said variance.

(9) A license under this chapter shall be granted to a school age child day care program

without the necessity for a separate fire, building, or radon inspection, when said child day care

program is conducted at a Rhode Island elementary or secondary school which has already been

found in compliance with said inspections, provided that an applicant complies with all other

provisions of DCYF regulations, or has been granted appropriate variances by the department.

     SECTION 2. This act shall take effect upon passage.

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LC02194/SUB A

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