Title 42
State Affairs and Government

Chapter 12.5
Licensing and Monitoring of Child Daycare Providers

§ 42-12.5-3. Powers and scope of activities.

(a) The department shall issue, deny, suspend, and revoke licenses for, and monitor the operation of, facilities and programs by child daycare providers, as defined in § 42-12.5-2.

(b) The department is hereby authorized and directed to adopt, amend, and rescind regulations in accordance with this chapter and implement its provisions. The regulations shall be promulgated and become effective in accordance with the provisions of the administrative procedures act, chapter 35 of title 42, and shall address, but need not be limited to the following:

(1) Financial, administrative and organizational ability, and stability of the applicant;

(2) Compliance with specific fire and safety codes and health regulations;

(3) Character, health suitability, qualifications of child daycare providers;

(4) Staff/child ratios and workload assignments of staff providing care or supervision to children;

(5) Type and content of records or documents that must be maintained to collect and retain information for the planning and caring for children;

(6) Procedures and practices regarding basic child day care to ensure protection to the child;

(7) Service to families of children in care;

(8) Program activities, including components related to physical growth, social, emotional, educational, and recreational activities;

(9) Investigation of previous employment, criminal record check, and department records check; and

(10) Immunization and testing requirements for communicable diseases, including, but not limited to, tuberculosis, of child daycare providers and children at any child daycare center or family daycare home as is specified in regulations promulgated by the director of the department of health. Notwithstanding the foregoing, all licensing and monitoring authority shall remain with the department of human services.

(c) The department through its licensing unit shall administer and manage the regulations pertaining to the licensing and monitoring of child daycare providers, and shall exercise all statutory and administrative powers necessary to carry out its functions.

(d) The administrator shall investigate complaints of noncompliance, and shall take licensing action as may be necessary pursuant to this chapter.

(e) The administrator may:

(1) Prescribe any forms for reports, statements, notices, and other documents deemed necessary;

(2) Prepare and publish manuals and guides explaining this chapter and the regulations to facilitate compliance with and enforcement of the regulations;

(3) Prepare reports and studies to advance the purpose of this chapter; and

(4) Provide consultation and technical assistance, as requested, to assist licensees in maintaining compliance.

(f) The department may promulgate rules and regulations for the establishment of child daycare centers located on the second floor.

(g) When the department is otherwise unsuccessful in remedying noncompliance with the provisions of this chapter and the regulations promulgated thereunder it may petition the superior court for an order enjoining the noncompliance or for any order that equity and justice may require.

(h) The department shall collaborate with the departments of children, youth and families, elementary and secondary education, and health to provide monitoring, mentoring, training, technical assistance, and other services that are necessary and appropriate to improving the quality of child day care offered by child daycare providers who are certified, licensed, or approved by the department or the department of elementary and secondary education or who are seeking certification, licensure, or approval pursuant to this chapter or § 16-48-2, including non-English speaking providers.

(i) Notwithstanding the transfer of licensing to and the licensing and monitoring of day and childcare facilities to the department of human services, pursuant to chapter 72.1 of this title, the department of children, youth and families will continue to be the agency responsible for investigating any complaint of abuse and neglect that is alleged to have occurred at a daycare or childcare facility. Any appeal of an investigative finding of abuse or neglect against a staff member, paid or otherwise, including managerial or contract personnel, or visitor may be appealed to the Rhode Island family court.