2026 -- H 7799

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LC004985

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD DAYCARE PROVIDERS

     Introduced By: Representatives Shallcross Smith, Boylan, Corvese, Kislak, Fellela,
DeSimone, Fogarty, Nardone, Furtado, and J. Lombardi

     Date Introduced: February 12, 2026

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-12.5-5 of the General Laws in Chapter 42-12.5 entitled "Licensing

and Monitoring of Child Daycare Providers" is hereby amended to read as follows:

     42-12.5-5. 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 two (2) years from the date of issue

and upon continuing compliance with the regulations, except that a certificate issued to a family

daycare home shall be valid for two (2) years from the date of issue.

     (2) Every license application issued pursuant to § 42-12.5-4 shall be accompanied by a

nonrefundable application fee paid to the state of Rhode Island as follows:

     (i) Child daycare center license — five hundred dollars ($500);

     (ii) Group family daycare home license — two hundred fifty dollars ($250); and

     (iii) Family daycare home license — one hundred dollars ($100).

     (3) All fees collected by the state pursuant to subsection (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 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, suspend, 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, DHS 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 child daycare program without the

necessity for a separate fire, building, or radon inspection, when said child daycare program is

conducted at a Rhode Island elementary or secondary school that has already been found in

compliance with said inspections, provided that an applicant complies with all other provisions of

DHS regulations, or has been granted appropriate variances by the department.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD DAYCARE PROVIDERS

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     This act would amend the law so that child daycare providers would be required to renew

their licenses every two (2) years, instead of the current yearly renewal requirement.

     This act would take effect upon passage.

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