214-RICR — Department of Children, Youth, and Families

Chapter 20 Child Protective Services

Subchapter 00

214-RICR-20-00-1 Child Protective Services

214-RICR-20-00-1 § 1.1 Purpose

These regulations contain the requirements for reporting child abuse and neglect to the Department of Children, Youth and Families, and the Department’s criteria to screen in or screen out all reports and assign for investigation, if the report meets the conditions of child abuse and/or neglect. Reports may involve families new to the Department, families actively being serviced by the Department, families previously active with the Department and incidents of institutional abuse and/or neglect. Reports must involve a child under eighteen (18) years of age or under twenty-one (21) years of age if the youth is residing in foster or institutional care or if the youth is in Department custody, regardless of placement.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.2 Authority

These regulations are promulgated pursuant to R.I. Gen. Laws §§ 11-5-11, 11-37-6, 14-1-3, 14-1-27, 40-11-2, 40-11-3, 40-11-3.2, 40-11-4, 40-11-5, 40-11-6, 40-11-7, 40-11-12.2, 40-13.2-3.1, 40-72-11, 42-72, 42-72.1-4, 42-72-8, 42-72-14, and Adoption Assistance and Child Welfare Act of 1980, Pub. Laws No. 96-272, Adoption and Safe Families Act of 1997, Pub. Law No. 105-89, Child Abuse Amendments of 1981, Pub. Law No. 98-457 and CAPTA Reauthorization Act of 2010, Pub. Law No. 111-320.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.3 Application

The terms and provisions of these regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.4 Severability

If any provision of these regulations or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.5 Definitions

A.“Caregiver” means a parent or legal guardian or other person responsible for the child’s welfare, as defined in § 1.5(K) of this Part.

B.“Child abuse and neglect (CA/N)” means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare:

1.Inflicts, or allows to be inflicted, upon the child physical or mental injury, including excessive corporal punishment; or

2.Creates, or allows to be created, a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

3.Commits, or allows to be committed, against the child, an act of sexual abuse; or

4.Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

5.Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the child's welfare loses his or her ability or is unwilling to properly care for the child; or

6.Abandons or deserts the child; or

7.Sexually exploits the child in that the person allows, permits, or encourages the child to engage in prostitution as defined by the provisions in R.I. Gen. Laws § 11-34.1-1 et seq., entitled "Commercial Sexual Activity"; or

8.Sexually exploits the child in that the person allows, permits, encourages, or engages in the obscene or pornographic photographing, filming, or depiction of the child in a setting that taken as a whole, suggests to the average person that the child is about to engage in, or has engaged in, any sexual act, or that depicts any such child under 18 years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

9.Commits, or allows to be committed, any sexual offense against the child as such sexual offenses are defined by the provisions of R.I. Gen. Laws Chapter 11-37, entitled "Sexual Assault", as amended; or

10.Commits, or allows to be committed, against any child an act involving sexual penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen (15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator knows, or has reason to know, that the victim is a severely impaired person as defined by the provisions of R.I. Gen. Laws § 11-5-11, or physically helpless as defined by the provisions of R.I. Gen. Laws Chapter 11-37.

C.“Commercial Sexual Exploitation of Children (CSEC)” refers to a range of crimes and activities involving the sexual abuse or exploitation of a child for the financial benefit of any person or in exchange for anything of value (including monetary and non-monetary benefits) given or received by any person.

D.“CPI” means the Department’s Field Child Protective Investigator.

E.“CPS” means the Department’s Child Protective Services division.

F.“CPS Hotline” means the Department’s Child Protective Services Hotline that provides a statewide, toll-free phone number to receive child abuse and neglect (CA/N) reports 24 hours per day, seven (7) days per week.

G.“Department” means Rhode Island’s Department of Children, Youth and Families.

H."Fatality" means the death of any child in which child abuse or neglect is suspected to be a contributing factor.

I."Medically indicated treatment" means the treatment, including appropriate nutrition, hydration and medication, which, in the treating physician/nurse practitioner’s reasonable medical judgment, will be most likely to be effective in ameliorating or correcting the infant or child's medical illness or life-threatening condition.

J."Near Fatality" means that a child was placed in serious or critical condition as the result of an act of abuse or neglect. The child being placed in serious or critical condition must be classified by the treating physician, and reflected in the medical chart. The treating physician's determination that the child is in “serious or critical condition” is accepted without further assessment by the Department.

1.“Serious or Critical Condition” means that the patient’s vital signs are unstable and not within normal limits. Patient is acutely ill, and/or unconscious, and/or has neurological status changes requiring medical intervention.

K.“Person responsible for the child’s welfare” means the child’s parent or guardian, any individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian and has unsupervised access to a child, a foster parent (relative or non-relative), an employee of a public or private residential home or facility or any staff person providing out-of-home care, which includes family child care, group child care and center-based child care.

L.“Preponderance of the evidence” means evidence of a greater weight or more convincing that the evidence in opposition to it; that is, evidence which shows that the fact sought to be proved is more probable than not.

M.“Severe forms of trafficking in persons” means

1.sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained eighteen (18) years of age; or

2.the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

N."Sexual harassment" means

1.Repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one resident directed toward another; and

2.Repeated verbal comments or gestures of a sexual nature to an inmate, detainee, or resident by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.

O.“Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a person for the purpose of a commercial sex act.

P.“Standardized screening tool” means an assessment instrument that is developed based on statistical analysis of identifying factors that statistically predict child maltreatment. The assessment tool is utilized to screen reports made to the central intake center for purposes of screening in CPS reports for an investigation or a family assessment response.

Q."Voyeurism" by a staff member, contractor, or volunteer means an invasion of privacy of a resident by staff for reasons unrelated to official duties and not in accordance with program policy and procedure, such as peering at a resident who is using a toilet in his or her room to perform bodily functions; requiring a resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a resident's naked body or of a resident performing bodily functions.

R.“Victim of a severe form of trafficking” means a person subject to an act or practice described in § 1.5(O) of this Part.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.6 Reporting Child Abuse and Neglect

A.Any person who has reasonable cause to know or suspect that any child has been abused or neglected, sex trafficked, commercially sexually exploited, human trafficked, or is a victim of sexual abuse by another child, must report that information to the Department’s Child Protective Services (CPS) Hotline within 24 hours.

B.Any sexual abuse, sexually harassing or voyeuristic behavior by any Department provider, vendor, contractor, volunteer or staff toward a child/youth is reported to the CPS Hotline within 24 hours and investigated by a Child Protective Investigator (CPI).

C.Any person who has reasonable cause to know or suspect that any child has been the victim of sexual abuse by an employee, agent, contractor, or volunteer of an educational program must report that information to the Hotline within 24 hours.

D.Any physician or duly certified registered nurse practitioner that determines that a child under the age of twelve (12) is suffering from any sexually transmitted disease must report that information to the Hotline within 24 hours.

E.Any person who has knowledge or suspicion of medical neglect or withholding of medical indicated treatment from a child must report that information to the Hotline within 24 hours.

F.Immediate notification must be made to the CPS Hotline in any instance where parent(s) of an infant have requested deprivation of nutrition that is necessary to sustain life and/or who have requested deprivation of medical or surgical intervention that is necessary to remedy or ameliorate a life-threatening medical condition, if the nutrition or medical or surgical intervention is generally provided to similar nutritional, medical, or surgical conditioned infants, whether disabled or not.

G.Any entity designated under R.I. Gen. Laws Chapter 23-13.1 (hospital, open medical emergency facility, fire station, or police station), that receives an infant under the provisions of the Safe Haven for Infants Act must notify the Hotline immediately after taking physical possession of the infant.

H.All reports to the Hotline are electronically recorded and maintained for a minimum of three (3) years in a central registry.

1.Any person who has been reported for child abuse and/or neglect (CA/N) and who has been determined not to have neglected and/or abused a child, will have his or her record, relative to that incident, expunged three years after that determination.

2.Additionally, any report made to the Hotline that does not meet the criteria for a CPS investigation is expunged after three (3) years.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.7 Criteria for Child Protective Services Investigation

A.The Department must investigate reports that allege child abuse and/or neglect when reasonable cause to believe that abuse or neglect exists. CA/N reports accepted for investigation must contain the following elements:

1.Harm or substantial risk of harm to the child (under eighteen (18) years of age or under twenty-one (21) years of age if the youth is residing in foster or institutional care or if the youth is in Department custody, regardless of placement) is present; and

2.An incident or pattern of incidents suggesting child abuse and/or neglect; and

3.A person responsible for the child's welfare has allegedly abused or neglected the child; or

4.Allegations of child on child sexual abuse; or

5.Allegations of sexual abuse by school personnel; or

6.Allegations of sex trafficking and/or severe forms of trafficking of a child under eighteen (18) or under twenty-one (21) years of age if in Department custody.

B.For purposes of CA/N reports relating to allegations of sex trafficking and/or severe forms of trafficking, any person (not limited to the parent or other person responsible for the child’s welfare) who is alleged to be responsible for committing or allowing to be committed any act of sex trafficking, commercial sexual exploitation, or human trafficking must be subject to an investigation by the Department to determine if the child is a victim of child abuse or neglect. Any child identified as a victim of sex trafficking or severe forms of trafficking is considered a victim of child abuse and neglect and sexual abuse.

C.The Department is responsible to investigate all child fatalities and near fatalities.

D.A CPS investigation must be initiated when the Department receives a report that a parent has assigned or otherwise transferred to another, not related to him or her by blood or marriage, his or her rights or duties with respect to the permanent care and custody of his or her child under eighteen (18) years of age, unless the arrangement was authorized by an order or decree of the court.

E.A CPS investigation must be initiated when the Department receives a report that a perpetrator, who has been convicted, adjudicated, or indicated for the following categories of sexual abuse or serious physical abuse, has physical access to other children.

1.Convictions:

a.Murder (involving a child)

b.First degree child abuse

c.Battery by an adult upon children ten years of age or younger - serious bodily injury

d.First degree child molestation

e.Second degree child molestation

2.Adjudications in Family Court

a.Termination of Parental Rights based on finding of conduct toward a child of a cruel and abusive nature

b.Sexual abuse

3.Indicated Abuse Findings (CPS)

a.Death

b.Brain damage

c.Subdural hematoma

d.Internal injuries

e.Intercourse

f.Sexual exploitation

g.Molestation

F.The Department must issue an alert to area hospitals when there is a risk of harm to a child born to a parent with a history of substantiated child abuse or neglect or a child abuse/neglect conviction.

1.The birthing hospital must contact the CPS Hotline upon the birth of the infant in response to the safety alert.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.8 Response Priorities

A.Department staff utilize a standardized screening tool to determine the response priority for each report of child abuse or neglect that is screened in for an investigation. Response priorities delineate the time limit for the Department to process the report and for the initiation of an investigation.

B.Assigned investigations must commence within the timeframe of the designated response priority. For all response priorities below, the investigation is initiated when the CPI makes contact or attempts to contact any party associated with the investigation.

1.Priority 1 Response – The CPS report must be processed for case assignment within thirty (30) minutes after the call is completed. The CPI must respond to the report within two (2) hours of the report being received to CPS.

2.Priority 2 Response – The CPS report must be processed for case assignment within two (2) hours after the call is completed. The CPI must respond to the report within twelve (12) hours of the report being received to CPS.

3.Priority 3 Response – The CPS report must be processed for case assignment within four (4) hours after the call is completed. The CPI must respond to the report within forty-eight (48) hours of the report being received to CPS.

C.Response priorities reflect the level of harm or risk of harm to the child.

1.Priority 1 response criteria include:

a.Child in imminent danger of physical harm.

b.Child abandoned and in imminent danger.

c.Child unsupervised and in imminent danger.

d.Family may flee or child may disappear.

e.Child at hospital for examination/parents present and awaiting questioning.

f.Child fatality or near fatality due to alleged child abuse or neglect/other children in family.

g.Child held by police/physician/nurse practitioner on a forty-eight (48) hour hold for Department placement.

h.Other circumstances of the case constitute an emergency.

2.Priority 2 response criteria include:

a.Alleged abuse or neglect in which the child is not in imminent danger but other risk factors are present.

b.Child abandoned but not in imminent danger.

c.Child unsupervised but not in imminent danger.

d.Child hospitalized on a seventy-two (72) hour hold.

3.Priority 3 response criteria are used for all other reports in which there is minimal risk of harm to the child.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.9 Standards for Investigating Child Abuse & Neglect (CA/N) Reports

A.Child abuse and/or neglect investigations must include personal contact with each child named in the report as well as any other children in the household.

B.When the alleged perpetrator is the parent or guardian of a child victim, the Department makes every effort to confirm the past and present whereabouts of any child of that parent or guardian not residing in the household at the time of the alleged incident of abuse and/or neglect.

C.The Department interviews the child, if the child is of the mental capacity to be interviewed, in the absence of the person responsible for the alleged abuse and/or neglect.

1.The Department has the right to question the child without the consent of the parent or other person responsible for the child’s welfare.

2.If the Department is denied access to the child, the Department must request the intervention of the local law enforcement agency or seek an appropriate court order to examine and interview the child.

D.For allegations of Institutional Abuse or Neglect, the Department makes every effort to locate and interview each child present in the child care facility at the time the abuse and/or neglect took place, whether or not he or she is the alleged victim.

E.The standard of proof to indicate a report of Child Abuse or Neglect is a “preponderance of the evidence”.

F.All efforts are made to complete each investigation within thirty (30) days. If an extension of the thirty (30) day timeframe for completion of an investigation is necessary, a supervisor and/or administrator may grant an extension request up to fifteen (15) additional days.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.10 Early Intervention Referral for Children Involved with the Department

A.The Department refers all children under the age of three (3) who are victims in an indicated case of child abuse or neglect to programs that provide support and services to families with children with known or suspected developmental delays and/or disabilities.

B.In cases where the investigation is unfounded and there is a child under the age of three (3), a referral may be made with the written consent of the family to make available services and supports to children and families when it appears that such services might be beneficial. Under these circumstances the Department obtains written parental authorization to release information to the early intervention services provider.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.11 Police Involvement in a Child Protective Investigation

The Department must notify the local law enforcement if any Department child abuse/neglect investigation reveals an activity which is a criminal offense.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.12 Removal of a Child from the Home

A.Physicians/nurse practitioners, law enforcement officers, child protective investigators and social caseworkers II are authorized to issue a protective custody hold on a child without the consent of a parent or legal guardian.

1.A physician/nurse practitioner may authorize a seventy-two (72) hour hold on a child who has suffered a physical injury that appears to have been caused by other than accidental means or a child suffering from the effects of sexual molestation or malnutrition or other serious medical neglect:

a.Physician/nurse practitioner files a Report of Examination and authorizes the seventy-two (72) hour hold.

b.Physician/nurse practitioner must contact the Hotline to advise the Department of the hold.

c.If the child requires medical treatment, the child may remain in the hospital during the protective hold.

2.A law enforcement officer can invoke a forty-eight (48) hour hold if he/she has reasonable cause to believe that imminent danger to the child's life or health exists. If a law enforcement officer places a child on a hold, he or she must notify the Hotline to determine if an investigation is warranted.

3.A CPI or Social Caseworker II may invoke a protective custody hold on a child for forty-eight (48) hours without the consent of the parent or guardian if a parent or guardian is unwilling, unable, or unavailable to cooperate in the protection of the child and/or the child would be at imminent risk of harm if left in the home.

B.If a decision is made to seek custody and/or placement beyond the forty-eight (48) or seventy-two (72) hours, an Ex Parte Order of Detention or an Emergency Motion for a Change in Placement must be filed in Family Court prior to the expiration of the hold (depending on whether a petition has already been filed in Family Court).

1.If the forty-eight (48) hour or seventy-two (72) protective hold expires on a weekend or holiday, the Department must obtain a verbal Ex Parte Order of Detention from a Family Court Judge through the Department’s Office of Legal Counsel prior to the expiration of the hold.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.13 Examination of Child by Physician/Nurse Practitioner

A.A child who is suspected of being physically or sexually abused must be examined by a licensed physician or nurse practitioner.

B.A child who is suspected of being neglected must be examined by a licensed physician or nurse practitioner when there is evidence that the suspected neglect has had a detrimental effect on the child's physical well-being.

C.The Department must secure a medical examination for any child removed pursuant to a forty-eight (48) hour hold with or without the consent of the parent or legal guardian.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.14 Letters of Notification

A.Notification of Report of Suspected Child Abuse and/or Neglect by Child Protective Services (CPS)

1.The Notification of Child Protective Services Investigation form informs the subject that he/she has been identified as a suspected perpetrator in an alleged incident of child abuse or neglect. The notice is hand delivered by the Child Protective Investigator (CPI) to the suspected perpetrator. If the suspected perpetrator cannot be found, the notice is mailed to his or her last known address.

2.If the suspected perpetrator is a minor, the Notification of Child Protective Services Investigation form is used to inform the minor perpetrator’s parent/guardian that child has been identified as a suspected perpetrator in an alleged incident of child abuse or neglect. The notice is hand delivered by the CPI to the parent/guardian of the suspected minor perpetrator. If the parent/guardian of suspected minor perpetrator cannot be found, the notice is mailed to his or her last known address.

B.Notification of Investigation Findings

1.The Notification of Child Protective Services Investigation Findings form informs a person, who is alleged to have perpetrated abuse and/or neglect upon a child, whether the investigation will be "indicated" or "unfounded" and identifies the allegation(s) that have been "indicated" or "unfounded".

2.In the case of a minor alleged perpetrator, the following notification is made:

a.The Notification of Child Protective Services Investigation Findings is sent to the minor and a copy is sent to the parent/guardian of a minor alleged perpetrator to inform the parent/guardian whether the Department’s CPS investigation will be "indicated" or "unfounded" and identifies the allegation(s) that have been "indicated" or "unfounded".

3.This notice advises the alleged perpetrator that:

a.In the case of an "indicated" finding, the Department maintains the record permanently unless appealed.

b.In the case of an "unfounded" finding, the Department maintains the record for a period of three (3) years.

c.All persons who have been aggrieved by a Department determination have a right to appeal. All requests for appeal are submitted in writing to the Executive Office of Health and Human Services.

d.Any person seeking to file an appeal must submit a written request within thirty (30) days of the date that individual receives written notice of the disposition of the investigation.

e.The "indicated" finding may be disseminated to a prospective child care employer.

4.Notification is mailed within three (3) working days of completion of the investigation.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

214-RICR-20-00-1 § 1.15 Family Assessment Response

A.The Department utilizes a standardized screening tool to determine if a report made to the Hotline that contains a concern about the well-being of a child and does not meet the criteria for a child abuse/neglect investigation should be screened in for a family assessment.

1.The family’s participation in the family assessment is voluntary, the family may decline to participate. Should this occur, the family assessment caseworker and supervisor convene a meeting to reassess the risk and/or concerns to determine if they should be elevated to an investigation. If so, the family assessment caseworker files a report with the child abuse Hotline.

2.The Department conducts a thorough assessment of child safety and risk for all children in the home during the family assessment response, and develops a safety plan with the family, if necessary.

3.The family assessment consists of:

a.A face to face meeting is scheduled as soon as possible and must take place not later than three (3) business days of case assignment with the parent or guardian, the child, and any other household members and family supports. Face to face contact with the child who is the subject of the report and any siblings is subject to the consent of the parent or guardian.

b.Completion of a standardized risk and safety assessment.

c.Criminal background checks and Department clearances for caregiver(s), and household members over the age of eighteen (18).

d.Service assessment and delivery to stabilize and mitigate risk.

B.Information that may be screened in for a family assessment response includes, but is not limited to, the following vulnerability factors and risk areas:

1.Child is age (6) six and under;

2.A caregiver or child’s emotional, physical, or developmental condition;

3.Circumstances indicating that the caregiver’s protective capacity may be compromised but not to the level of requiring an investigation.

4.A prior report within a twelve (12)-month period involving a family with a child age six (6) or under, or with two (2) or more children;

5.One or more prior reports received on a family within a three (3)-month period;

6.A prior indicated investigation or removal within the past twelve (12) months;

7.Any other risk factors that may compromise the well-being of the child; or

8.Whether the report was called in by a professional mandated reporter.

C.Any report screened in for a family assessment response may be upgraded to an investigation if there is any evidence or reason to suspect child abuse or neglect in accordance with this Rule and the Rhode Island statute governing child abuse/neglect investigations.

D.All efforts are made to complete each family assessment response within thirty (30) days. If an extension of the thirty (30) day timeframe for completion of a family assessment response is necessary, a supervisor and/or administrator may grant an extension request up to fifteen (15) additional days.

History

• Periodic Refile — effective from 2022-01-04 to current
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 05/20/2021
• EMERGENCY RULE Amendment — effective from 2021-01-20 to 01/20/2021
• EMERGENCY RULE Amendment — effective from 2020-05-06 to 09/03/2020
• Adoption — effective from 2018-05-15 to 01/04/2022

Chapter 40 Licensing

Subchapter 00

214-RICR-40-00-3 Foster Care and Adoption Regulations for Licensure

214-RICR-40-00-3 § 3.1 P UR POSE

A.These Regulations establish the licensing requirements for foster care and pre-adoptive homes licensed by the Department of Children, Youth and Families. The licensing requirements are designed to ensure that children in foster and pre-adoptive care are in a safe, healthy, and nurturing environment.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.2 A U TH O R I T Y

A.These Regulations are promulgated pursuant to R.I. Gen. Laws Chapter 42-72,R.I. Gen. Laws §§ 42-72.1-5, 42-72.1-1, 42-72.10-1, 14-1-27, 14-1-34, and 15-7-11.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.3 A P P L I C A T ION

A.The terms and provisions of these Regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.4 SEVER A B I L I T Y

A.If any provision of these Regulations or application thereof to any person or circumstances is held invalid by a court of competent jurisdiction, the validity of the remainder of the Regulations are not affected.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.5 D E F I N I T IO N S

A."Applicant" means a person or persons applying for a Foster Care and Adoption or a Pre-Adoptive License.

B."Behavioral Health History Form" also referred to as a "Behavioral Health Reference," this form is required if the applicant or resource caregiver is currently receiving behavioral health therapy from a provider other than their primary medical practitioner. The form must include a recommendation from the behavioral health professional, assessing the individual's behavioral health and suitability to serve as a resource caregiver. The Department adheres to the Americans with Disabilities Act in terms of considering the impact, if any, of an applicant’s behavioral health history as a factor in their ability to provide a safe and healthy placement.

C."Child" means any person under 18 living in the resource caregiver's home.

D."Child in Care" means child, youth, or young adult, also referred to as a foster or pre-adoptive child, under the care and supervision of the Department, residing in a foster or pre-adoptive home.

E.“Child-Specific” means to provide care for an identified child or children.

F."Corporal Punishment" means physical discipline, including slapping, spanking, paddling, hitting with a belt, having a child march, stand or kneel rigidly in one spot or subjecting a child to any kind of physical discomfort.

G."Corrective Action Plan (CAP)" means a time-specific plan developed by the DCYF Licensing Unit in collaboration with the resource caregiver to address non-compliance with regulations. The CAP supports the resource caregiver in the development and utilization of appropriate methods for meeting the needs of youth under DCYF care and supervision. Such plans are reviewed at minimum every 2 weeks to determine overall progress and if modifications to the CAP are warranted.

H."Department" or “DCYF” means the Rhode Island Department of Children, Youth and Families, which is responsible for child welfare, children’s mental health, and juvenile correctional operations in Rhode Island.

I."Disruption" means the end of a foster or pre-adoptive/guardianship placement that has not yet been finalized.

J.“Dissolution” means the termination of an adoption or guardianship after finalization.

K."Division of Family Services (DFS)” means the division of the Department that is comprised of the following subdivisions: Family Services Unit (FSU), Voluntary Extension of Care (VEC) and the Support and Response Unit (SRU).

L."Division of Licensing" The division responsible for overseeing the Licensing Unit, which is tasked with issuing Foster and Pre-Adoptive Licenses and monitoring resource caregiver homes for regulatory compliance.

M."Foster Care and Pre-Adoptive License" means required legal authorization granted by the Department that permits an individual to provide foster and/or pre-adoptive care.

N."Home Study" means a written evaluation of a home environment to determine whether a proposed placement of a child meets the individual needs of the child, including the child's safety, permanency, health, well-being and mental, emotional, and physical development. Areas of inquiry include, but are not limited to, physical and mental health, criminal history, family history, and past and present relationships of all proposed household members.

O."Household Member” means adults and/or children who reside with the applicant or resource caregiver.

P.“Kinship Care Resource Caregiver” means a relative or close family friend who provides care for a child or youth with whom they have a known connection. These individuals must obtain a Foster Care and Pre-Adoptive License; however, a child may be placed in their home for up to 180 days before the license is finalized. Kinship care is the preferred placement for children who must be removed from their birth parents, as it helps maintain familial bonds, offers greater stability, and reduces the trauma associated with separation. Also referred to as “resource caregiver or fictive kin.”

Q.“Licensing Worker” means the individual the Department assigns to complete the licensure process. Additionally, they are responsible for monitoring and updating any changes related to the licensee’s address, household members, ensuring the completion of ongoing training and the relicensure of the home.

R."Matching Criteria" means mutually agreed upon factors considered when determining the most appropriate placement for a child in care, ensuring their safety, well-being, and stability. These factors may include, but are not limited to, the child's age, gender, sibling relationships, medical and behavioral health needs, cultural and linguistic background, educational requirements, and any specific considerations outlined in their case plan. Additionally, the resource family's capacity, training, experience, household composition, and expressed preferences are considered to support a successful placement that meets the child's best interests.

S."Medical Health History Form," also referred to as a "Physician's Reference," means the form completed by an applicant's or resource caregiver's primary care medical practitioner. This form includes a recommendation from the medical professional regarding the individual's physical and/or medical fitness to serve as a resource caregiver.

T.“Non-kinship Resource Caregiver” means a person who is granted a Foster Care and Pre-Adoptive License, has no prior connection to a child or is seeking placement of a child unknown to them prior to approval. Also referred to as “resource caregiver.”

U.“Placement Unit” means the unit within the Department that receives requests for placement of a child and identifies an appropriate living arrangement.

V."Post-licensure Obligations" means the resource caregivers requirement to demonstrate ongoing compliance with these regulations following the issuance of the license.

W.“Primary Service Worker” means the DCYF caseworker with main casework responsibility for the child and family.

X."Reasonable and Prudent Parenting Standard" means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, as outlined in Section 111 of the Preventing Sex Trafficking and Strengthening Families Act, Public Law 113-183, as amended.

Y."Resource Caregiver" refers to the adult head of household who is licensed by the Department to provide foster care or pre-adoptive placement subject to subsequent adoption home study and Family Court decision on the adoption petition as to a child. This individual may also be known as a resource parent, foster parent, pre-adoptive parent, kinship care provider, or fictive kin provider. The child under their care may be known or unknown to the resource caregiver prior to placement. Also referred to as “Caregiver.”

Z.“Respite Care” means the temporary, time-limited relief for substitute caregiving of a child. Respite care can be arranged in advance or requested on an emergency basis.

AA.“Service Plan” means a written document that is developed jointly with the parent or legal guardian of the child in DCYF care, and the child if age 14 or older, and includes a discussion of how the case plan is designed to achieve a safe placement for the child in the least restrictive, most family-like setting.

BB."Variance" means an administrative decision that allows a foster or pre-adoptive home to meet a standard for licensure in a manner other than that specified in the regulations. A variance is granted on a case-by-case basis only when the purpose of the licensing standard is achieved and the child’s safety is maintained.

CC."Waiver" means an administrative decision allowing case-by-case exemptions from compliance with a non-safety related standard only in child-specific foster homes.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.6 LICENSING PR OV ISIONS

A.Application Submission

1.Any Rhode Island resident intending to become a foster or pre-adoptive licensed resource caregiver must complete, sign, and submit an application to the Department or a state-contracted agency provider. Applicants can access and complete the application and licensing forms online at https://beananchor.ri.gov.

2.A new application may be submitted at any time, including following the denial of an application for licensure after exhaustion of all administrative appeals, except when a license has been revoked or the Department has refused to renew a license. In these instances, the licensee may not reapply for licensure as a foster or pre-adoptive family for one year after final revocation or denial of renewal date. In considering such a re-application, the Department shall not be foreclosed from considering the reasons for prior revocation or denial or from denying the re-application for those reasons as long as those reasons remain valid

B.Initial Licensing Process

1.The applicant and all household members must submit to comprehensive background checks that include:

a.A criminal record check for all household members aged 18 and older in accordance with § 10-00-1.8 of this Title.

b.Child abuse and neglect clearances for all household members to include out-of-state Adam Walsh clearances if applicable, per § 10-00-1.7 of this Title.

(1)Adam Walsh clearance is completed for any prospective foster parent/adult household member who has lived in another state within the past five years.

c.A National Sex Offender Registry search for all household members aged 18 and older.

d.Any additional background checks as required by state or federal law.

2.The Applicant must submit documentation that may include, but is not limited to:

a.Signed authorizations for release of information from the prior 12 months from physical and behavioral health providers, private foster care agencies, or other sources.

b.A signed foster home agreement, including a confirmation of receipt and review of the Foster Parent Bill of Rights and the Sibling Bill of Rights.

c.Applicable licenses, certifications, and registrations held by the applicant or household members (e.g., pets, firearms, driver’s license, medical marijuana).

d.A medical, and if applicable, behavioral health history for the applicant and other household members.

(1)The applicant must submit a medical and if applicable, a behavioral health reference, from the prior 12 months.

(2)If the medical and behavioral health history reference from the medical or behavioral health provider does not indicate that the applicant can appropriately provide care for a child that corresponds with the matching criteria requested by the applicant, the Department may request an additional statement from a qualified medical or behavioral health professional familiar with the applicant or household member's physical and/or behavioral health history, including substance use.

e.Proof of financial stability, as described in § 3.7(D) of this Part, Income and Fiscal Management.

f.References and interviews with individuals providing references, including at least one from an individual with direct knowledge of the prospective resource parent’s or parents' capacity to care for children.

3.Applicants who will be driving any child in care must submit documentation verifying an active driver’s license, current automobile liability insurance as required by state law, and up-to-date vehicle registration and inspection.

a.The Division of Licensing obtains certified driving records from the RI Department of Motor Vehicles as a condition of issuance or renewal of a foster care license if the resource caregiver intends to be a driver for a child. Driving offenses or more than three moving violations in a year requires a plan of safe transport. Based on severity or number of any driving offenses, the Licensing Unit has the discretion to require as a condition of the license that the caregiver shall be prohibited from driving any vehicle while the foster or pre-adoptive child is a passenger. As a condition of continued licensure, the caregiver shall have an ongoing obligation after licensure to inform DCYF of any arrests for driving under the influence of drugs or alcohol, for reckless driving, or for charges of a similar nature.

4.The applicant and all household members must participate in a home study, including the in-person interview component.

a.The home study is a comprehensive evaluation of the applicant’s family dynamics, home environment, community setting, and social relationships. This assessment involves in-person interviews and other forms of contact with relevant individuals and includes the following components:

(1)A summary of the applicant's relationships with their children, past and present spouses or partners, and other family members.

(A)personal history of trauma, abuse, or neglect;

(B)current status and history of physical and behavioral health, including substance use;

(C)social support systems;

(D)functional literacy and language skills;

(E)employment history and financial status; and

(F)community and social environment.

(2)A review of information and documents relating to any previous unfavorable home studies/assessments, disruptions, dissolutions, or placement of other children out of the home.

5.The applicant must permit a Department representative to complete a home safety inspection to assess the safety of the physical home and immediate grounds. This includes all areas of the home, including basements and rooms that may be locked.

6.The applicant must complete a course of pre-service and ongoing training as required by the Department. See § 3.6 of this Part for resource caregiver training requirements.

C.Training Requirements

1.Before licensure, the applicant must complete, a training pre-course approved by the Department. If training hours are not conducted by the Department; copies of completed certification certificates/hours verified by the non-DCYF trainer must be provided in writing.

2.Before licensure, non-kinship resource caregivers must specifically be trained in:

a.First aid and adult, child and infant CPR (cardiopulmonary resuscitation) at least every two years, including an in-person/classroom component.

b.Protocols for responding to emergencies, including accidents, serious illnesses, fires, and natural and human disasters.

c.Medical administration or rehabilitation interventions and operation of medical equipment for children in care with a particular condition, as needed.

3.The Department partners with child placing agencies that provide therapeutic foster care programs that support children who need more intensive care. If the applicant intends to foster a child through a child placing agency, the Department ensures that the applicant has met any additional training requirements as set by the child placing agency before issuing or renewing a license.

4.Each non-kinship resource caregiver must complete a minimum of 15 hours of approved in-service training every two years as a condition of license renewal. The foster home license is not renewed until each single resource caregiver, or the resource caregiver couple has completed post license training requirements. Training hours can be a combination of approved in-person training, virtual courses, and child welfare-specific webinars. First Aid/CPR training hours can be credited as part of the 15 hours. Child placing agencies may require resource families under their supervision to complete additional training as a condition of continued supervision by the agency.

D.Variance

1.The Department may grant a variance to a standard in these regulations if the foster or pre-adoptive home can meet the standard for licensure in a manner other than that specified in the regulations.

2.A variance is granted on a case-by-case basis and only when the purpose of the licensing standard is achieved, and the child’s safety and welfare are maintained.

3.At the expiration of a time-limited variance, the licensee must fully comply with all applicable regulations. Time-limited variances are issued in 90-day intervals.

E.Waiver

1.The Department may grant a waiver for a child-specific foster home to allow an exemption from compliance with a non-safety related standard in these regulations on a case-by-case basis.

2.The conditions and terms of the waiver may change only with written approval from the licensing administrator or designee.

3.At the expiration of a time-limited waiver, the licensee must fully comply with all applicable regulations. Time-limited waivers are issued in 90-day intervals.

F.Determination

1.The information gathered during the home study assessment process is carefully considered, in a timely manner, to determine:

a.if any further assessment is needed;

b.what additional counseling, training, or preparation is needed;

c.the family’s eligibility and suitability;

d.the family’s readiness to care for children; and

2.When the applicant successfully completes the initial or renewal licensure process, and the applicant complies with these regulations and demonstrates suitability as a caregiver, the Department determines the license capacity for the resource caregiver’s home and issues a Foster Care and Pre-Adoptive license.

a.A license applies only to the place of residence occupied by the applicant at the time of issuance.

b.The Department may issue either child-specific and/or non-child-specific licenses and may issue a license that limits the number of foster and/or pre-adoptive children who may live in the home.

c.The Department will place a child based upon mutually agreed-upon matching criteria.

3.The Department may deny the license for the following reasons:

a.The comprehensive background check of an applicant or household member revealed disqualifying information established by §§ 10-00-1.7.1 and 1.8.6 of this Title.

b.The results of the comprehensive background check of an applicant or household member showed information that is not automatically disqualifying but impacts the fitness and suitability of the applicant to provide care for a child.

c.The results of the licensure process, including but not limited to the documentation review, home study, medical, behavioral health, and personal references, and safety inspection, do not demonstrate that the applicant is a suitable resource caregiver; or those results indicate that the circumstances of an applicant, household member, or home presents a health or safety risk to a child and may interfere with the applicant’s ability to provide satisfactory care.

d.The dwelling lacks adequate sleeping space to accommodate a child in care.

e.The biological parent or legal guardian of the child in care resides with the applicant without prior approval by the Licensing unit.

f.A Family Court in any jurisdiction has issued an order removing joint or sole legal custody of, or terminating the parental rights to, the applicant’s child. A court order for placement of the applicant’s child with the child’s other parent while the applicant retained joint legal custody shall not by itself be considered a disqualifying reason.

g.The applicant fails to cooperate with the Department in its licensing process, including, but not limited to:

(1)Providing false, falsified, inconsistent or misleading statements and/or documentation to the Department; and/or

(2)Making efforts to deceive the Department.

h.The applicant fails to comply with any of these regulations.

4.A Foster Care and Pre-Adoptive license remains valid for two years upon issuance unless the Department initiates licensing action for cause or the resource caregiver voluntarily surrenders the license.

5.If the applicant or resource caregiver demonstrates non-compliance during the relicensure process or circumstances have changed regarding the licensee’s suitability to care for a child as detailed in these regulations, the Department:

a.Communicates the specific concerns to the prospective resource caregiver as early as possible and attempts to resolve them.

b.Does not complete a final assessment report until attempts to mitigate issues are made.

c.May deny the license and then will provide the prospective resource caregiver with a written explanation of the denial and the procedures to request an appeal if approval cannot be granted and the application has not been withdrawn.

G.Changes to the License

1.If a resource caregiver intends to move residences after becoming licensed, the resource caregiver must notify the Department’s Division of Licensing no less than four weeks before the move. A home visit and safety inspection are required within two weeks after any move. The new residence must meet these regulations, and upon compliance, a new license will be issued for the updated address.

2.If there is a change in the permanent household member composition, the resource caregiver should notify the Department’s Division of Licensing at least one week in advance. However, if advance notice is not possible, they must notify the Department as soon as they become aware of the change, and comply with any required background checks, home visits, or safety inspections, as applicable.

3.A representative from the Division of Licensing meets in person with the resource caregiver at least once annually to complete an update as to overall safety and needs as well as to assess for any significant changes in the resource caregiver’s life, including but not limited to:

a.Death or debilitating illness of a caregiver.

b.Defects in the home related to accidents, serious fires, natural and human-caused disasters.

c.Legal proceedings affecting the resource family such as eviction or divorce.

H.Monitoring

1.As the license regulator, the Director of the Department or DCYF designee has the right to:

a.Enter the licensed home for planned or unplanned visits. Unplanned visits only occur if the Department has reason to believe there is imminent danger to the physical and/or emotional well-being of the child in care.

b.Inspect the home and speak with the resource caregiver, household members, and children in care to determine compliance with these regulations.

c.Investigate complaints of regulatory violations.

I.Licensing Actions

1.If at any time the resource caregiver violates the terms of the license or these regulations, the Department may implement one or more of the following licensing actions or any similar conditions that more effectively or specifically address the underlying violation(s):

a.Requiring a corrective action plan.

b.Requiring the resource caregiver comply with written conditions.

c.Reducing the licensed capacity of the home.

d.Requiring additional in-service training.

e.Restricting further placements pending a Department review of investigative findings and/or placement disruptions.

f.Requesting an updated medical and/or behavioral health reference for the caregiver if there is a medical or behavioral health change that may pose a risk in caring for a child.

g.Requiring the resource caregiver to evict a household member who is known or suspected to have abused or neglected a child, and to thereafter not allow unsupervised contact between the evicted household member and any child in the household.

h.Requiring the resource caregiver to ensure pets in the residence are cared for in a clean, safe and sanitary manner, and that pets are kept in accordance with State and local requirements, including all applicable vaccinations.

i.Requiring the resource caregiver to ensure the health, habitability and sanitary conditions of the residence. Removing the child in care from the home with no notice if there is reasonable cause to believe that there is imminent danger to the physical and/or emotional well-being of the child in care, as permitted by the placement discretion given to the Department by the Family Court.

2.A resource caregiver may request a pause or hold on accepting any new foster or pre-adoptive placements for up to 90 days. This request must be submitted to the Placement and/or Licensing Unit.

3.The Department, at its discretion, may defer further child placements for up to 90 days without initiating a licensing action for the following purposes:

a.The Licensing Unit has been notified of an active Child Protective Services Investigation.

b.A report has been made to the Hotline that, while not meeting the criteria for a formal investigation, requires the Licensing Unit or the Division of Family Services to take corrective actions so as to comply with these regulations. The Licensing Unit and the resource caregiver must meet within 10 days of the Hotline report to review the report and for the purpose of creating an action plan to resolve the issue.

c.A child has recently been removed from the resource caregiver’s home due to a disruption or non-compliance with the child's service planning goals or objectives which requires review by the Licensing Unit or the Division of Family Services.

d.The resource caregiver has requested the removal of a child from their home, either immediately or within the required 30-day notice period. Refer to Section T of these regulations. Following the removal, DCYF licensing and the resource caregiver/agency must meet to review matching criteria and capacity within 10 business days.

e.There has been a recent change in household composition that requires a homestudy update and/or mitigation.

f.A medical or behavioral health change in any household member necessitates further assessment by the Licensing Unit and/or consultation with the behavioral health provider.

g.The Division of Licensing has received a formal credible complaint regarding the resource caregiver or household member which requires review by the Licensing Unit for compliance with DCYF licensing criteria.

h.The Family Court and/or the Office of the Child Advocate has formally requested the Division of Licensing to investigate a potential regulatory violation of DCYF licensing criteria.

i.The Department has been made aware of a new or recent criminal charge against the resource caregiver or any household member.

J.License Revocation

1.A license may be revoked within 30 days after providing written notice to the licensee of their right to an administrative hearing, and after a decision by a hearing officer; or after execution of a consent agreement between the licensee and the Licensing Unit. Such revocation may be based on any of the following reasons, including but not limited to:

a.The criminal record background check and/or child abuse and neglect registry check reveals disqualifying information about a resource caregiver or any household member.

b.The criminal record background check and/or child abuse and neglect registry check reveals information that is not automatically disqualifying but impacts the fitness and suitability of an applicant or household member to care for a child.

c.The resource caregiver or any household member poses or threatens a safety risk to a child.

d.The resource caregiver does not protect any child in the home including children not in the care of the Department from physical or emotional harm or fails to provide adequate supervision appropriate to a child’s needs and level of development.

e.The Department discovers that the biological parent or legal guardian of the child in care resides with the resource caregiver unless there is a court order or approval in advance from the Licensing Administrator or designee.

f.The Department determines that the resource caregiver failed to cooperate with the Department in the licensing process, including, but not limited to:

(1)Providing false, falsified, inconsistent or misleading statements and/or documentation to the Department.

(2)Failure to respond timely to requests from the Licensing Division for information as it pertains to Timeliness to Licensure.

(3)Failure to complete licensing requirements.

(4)Unfavorable personal, medical, or behavioral health references.

(5)Non-compliance or completion of post-licensure training requirements.

(6)Not disclosing updated household information including change of household members.

(7)Failure to adequately remedy any health and safety risks to the child in care.

(8)Made efforts to deceive the Department.

(9)Unwillingness to work collaboratively with the Department and community partnering agencies in post-licensure obligations. This includes but is not limited to refusing to allow such individuals access into the home to provide services and support to the child in care.

g.The resource caregiver disclosed any identifying confidential information to an unapproved individual or agency can result in immediate licensing action, including possible revocation of the foster care or pre-adoptive license and/or removal of the child from the licensee’s household. This includes but is not limited to disclosure through email, text messages, and social media. The Department must provide prior approval regarding all individuals and agencies to whom confidential or identifying information may be disclosed by the caregiver.

h.The resource caregiver uses or posts on social media in a way that discloses confidential information regarding the child, their family, or other identifying information.

i.An updated medical and/or behavioral health reference reflects a safety risk in caring for a child.

j.The resource caregiver allows a child in the household to have unsupervised access to a person who the resource caregiver knows or should know has a record of felony convictions in any state, is subject to any active restraining order against them based on an allegation of domestic violence or has a record of disqualifying “indicated” or substantiated child abuse or neglect findings from DCYF or an out-of-state child protection agency.

k.The resource caregiver fails to ensure the residence is maintained in a clean, safe and sanitary manner, and in accordance with State and local requirements.

l.The resource caregiver violates specific written conditions attached by DCYF to the license after DCYF had given prior written notice to the resource caregiver of safety and/or other regulation violations.

m.The resource caregiver fails to comply with any of these regulations or any federal or state laws relating to the care of children.

3.Licensing Action Determinations

a.In determining whether to recommend a licensing action, the licensing administrator considers the nature, severity, and chronicity of the violation and the effect on the health, safety, and rights of children/persons served.

b.The licensing administrator or designee sends certified written and electronic notice explaining the facts that may warrant this action and informing the resource caregiver that the Department is considering a licensing action, or that the Department has taken emergency action pending the right to request a hearing. The written notice indicates the resource caregiver’s right to meet with the licensing administrator (except when emergency action was taken) or designee and provides a date and time for the meeting.

c.At the meeting, the resource caregiver is given an opportunity to show cause why the action should not be taken (or in the case of emergency action, why the action should be reversed).

d.If, after the meeting, the facts continue to appear to warrant licensing action, written certified notification of that licensing action, with notice of appeal rights, is sent to the resource caregiver within 10 business days.

K.Dual Licensure with Other State Agencies

1.A resource caregiver may not hold dual licenses as a Shared Living Arrangement (SLA) provider through the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals and as a foster/pre-adoptive resource caregiver through the Department.

a.A waiver may be granted when a child in care ages out of care into an SLA and remains with the same resource family, and other children in care reside in the home.

2.A family childcare home provider, licensed through the RI Department of Human Services, is permitted to apply for a Foster and Pre-Adoptive License if the following criteria are met:

a.The applicant holds a family childcare home license and does not have any serious and/or indicated violations of any licensing regulations for the past two years.

b.If the applicant holds a family childcare home license and had a serious and/or indicated violation of any licensing regulations more than two years prior to the date of application, the applicant must explain and provide documentation of what actions the applicant took to remediate, retrain or re-educate with regard to such violations.

c.The applicant must comply with the RI Department of Human Services’ Family Child Care Home Regulations (218-RICR-70-00-2) and these regulations DCYF Foster Care and Pre-Adoptive Regulations for Licensure (214-RICR-40-00-3). The capacity for childcare may be reduced as a minor child in a foster care placement is equal to one slot.

L.Renewal Process

1.A Foster Care and Pre-Adoption License is valid for two years from the date of issuance. To maintain licensure, the resource caregiver must participate in the licensing renewal process which begins approximately six months before the license expiration date. The renewed license is valid for two years.

2.To renew the license, the resource caregiver and household members, as applicable, must complete the following before the license expiration date:

a.Submit to updated comprehensive background checks;

b.Provide updated documentation as required by §§ 3.6(B)(1)-(3) of this Part, as applicable;

c.Participate in a home study update assessment in the residence;

d.Permit the Department to complete ongoing safety inspections of the residence; and

e.Demonstrate evidence of ongoing training as required by the Department.

3.The resource caregiver must comply with these licensing regulations when requesting a license renewal.

M.Appeals of Department Decisions

1.Any applicant or resource caregiver may appeal any action or decision by the Department detrimental to the individual’s status as an applicant or license holder.

2.Administrative appeal hearings are conducted by the Executive Office of Health and Human Services (EOHHS), as set forth in the Administrative Appeal Process (210-RICR-10-05-2).

3.The applicant or resource caregiver shall be referred to the EOHHS website, or the Division of Licensing shall provide a copy of the appeals form. The link can be found at: https://eohhs.ri.gov/reference-center/eohhs-appeals-office.

4.All completed appeals request forms must be sent directly to EOHHS by the applicant or licensee.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.7 General Requirements

A.Family Composition

1.One or two adults as head of household may receive a Foster and Pre-Adoptive License.

2.Each home’s capacity to accommodate a foster or pre-adoptive child is assessed individually.

3.The applicant must demonstrate the ability to meet the needs of all children living in the home.

4.Resource caregivers’ homes shall contain no more than:

a.Five total minor children under 18 (including their children);

b.Two children under the age of two;

c.Four children over the age of 13; and

d.Two foster children with highly advanced needs as determined by the Department through a formalized assessment.

5.Exceptions to family composition limits are approved case-by-case through a Department-facilitated review.

a.Resource caregivers are subject to additional assessments when changes to family or household composition limits are being considered.

b.Exceptions are made only:

(1)to keep siblings together.

(2)to place children with their relatives.

(3)to keep parenting youth together with their children.

(4)for any other extenuating reasons that directly support plans for children or youth to be connected to relationships that are safe, nurturing, and intended to be enduring.

6.Resource families that have more than five minor children in the home at the time of the effective date of these regulations are required to comply with the requirements of § 3.7(A)(4) of this Part upon license renewal.

B.Age

1.The resource caregiver must be at least 21 years of age.

C.Health

1.The American Disabilities Act and Section 504 of the Rehabilitation Act requires the Department and contracted agencies to provide reasonable accommodations to a prospective resource caregiver with disabilities.

2.The resource caregiver must provide medical evidence that they are free of physical and mental conditions that affects their ability to provide care. Such evidence includes but is not limited to a signed physical/behavioral health form by their primary doctor and/or treatment provider that reflects an individualized assessment of their ability to care for a child in care.

3.Additional clinical reports and evaluations may be required if there is a question regarding the mental or emotional health of the applicant or other adult members of the household.

D.Income and Fiscal Management

1.The resource caregiver has the income or resources to make timely payments for housing, food, utilities, clothing, and other household expenses before placing any child or children in the home.

2.The foster maintenance/daily stipend and any other funding from the Department related to the child in care is used to meet the needs of the child in care.

E.Fire and Safety Inspections

1.Fire safety inspections are conducted by the Department as part of the licensure process. Issuance of a foster/adoption license is contingent upon approval of the applicant’s residence having met minimum requirements set forth by the Department.

2.The resource caregiver’s home and grounds must be free of observable hazards to ensure a child’s safety. A safe, adequate and convenient means of exit shall be noted. The resource caregiver home must be tidy, well ventilated, properly lighted, and kept at an appropriate temperature. Corridors, passageways, stairways and fire escapes must be kept clear of all storage at all times with a safe, adequate and convenient means of exit.

3.Foster homes must be equipped with smoke alarms and carbon monoxide detectors.

a.Single and two-family homes must have operable battery pack or hard-wired smoke and carbon monoxide detectors.

b.Three-family dwellings must have at minimum an operable hard-wired or wireless smoke and carbon monoxide detector system and/or a sprinkler system.

c.All other occupancies must at minimum have a verified operable alarm detector and/or sprinkler system. While the resource caregiver may not have any control or ability to allow the safety inspectors outside of their individual dwelling unit, the building must still meet such minimum requirement.

4.The resource caregiver’s home must have at least one operable fire extinguisher that is readily accessible. Verification that the extinguisher is in operating condition either by the gauge on the extinguisher or a service tag from a competent authority. An extinguisher with a broken seal does not meet this standard.

5.The Department safety inspector measures each bedroom to ensure there is adequate space and a documented means of escape.

6.The use of electrical extension cords for appliances is not permitted.

7.Household heating equipment must be equipped with appropriate safeguards, maintained as recommended by the manufacturer. Only with prior approval by the DCYF licensing safety inspector may Nationally Recognized Testing Laboratory (NRTL) listed portable space heaters be considered as a supplementary heat source and must not be used in proximity to Christmas trees and/or other natural vegetation. Portable space heaters may not be used in rooms where children are sleeping. Portable and fixed space heaters in areas occupied by children are separated by fire-resistant partitions or barriers to prevent contact with the heater.

8.A child must be protected through physical barriers or adult supervision from potentially hazardous outdoor areas, such as bodies of water, open pits or wells, cliffs or caves, high-speed or heavily traveled roads, and electrical equipment and machinery.

9.Swimming pools (above ground, in-ground, or wading), hot tubs, and spas must meet the following to ensure they are safe and hazard-free and additionally must meet all state, and/or local safety requirements.

a.Swimming pools must have a barrier on all sides.

b.Swimming pools must have access methods through the barrier equipped with a safety device, such as a bolt lock.

c.If the swimming pool cannot be emptied after each use, the pool must have a working pump and filtering system.

d.Hot tubs and spas must have locked safety covers that when not in use.

10.The residence must be maintained with the following:

a.Utilities in operating condition, including but not limited to:

(1)Safe heating source and hot water;

(2)Lighting;

(3)Ventilation; and

(4)Plumbing to ensure the continuous supply of safe drinking water.

b.At least one bathroom with one toilet, sink, shower or tub, all in operating condition.

c.A properly operating kitchen with a sink, refrigerator, stovetop, and oven.

11.The Department requires that a resource caregiver home is equipped with a basic first aid kit.

12.The resource caregiver must not keep any illegal substances and/or paraphernalia in the home, or in any location that the child in care is present, including vehicles.

13.The resource caregiver must ensure that the child in care cannot access, as appropriate for the child’s age and development, any over-the-counter or prescribed medications, recreational and herbal substances, poisonous materials, cleaning supplies, other hazardous materials, and alcoholic beverages.

14.Legal recreational drugs/paraphernalia must be stored in a manner that ensures the safety of children and demonstrates prudent parenting, similar to storing over the counter and prescribed medications. All must be stored and locked out of the reach of all children in the home. This storage requirement applies not only to resource caregivers but all household members and guests. No edibles or other legal recreational drugs are to be stored in common areas, such as the refrigerator. The resource caregiver/household member must have a separate refrigerator locked and out of reach/access to the children for storage.

15.Resource caregivers are encouraged to have naloxone to administer in an emergency. Naloxone is a nasal spray that can be administered safely with no medical training for someone experiencing signs of an opioid overdose. If any child in care has a history of substance use, resource caregivers are encouraged to have at least two unexpired doses of naloxone to administer in an emergency.

16.A child in care must not be exposed to vaping or secondhand smoke of any kind in the resource caregiver’s home or vehicle by any household member or guest of that family.

17.All locking doors within the residence must be unlockable from both sides.

18.The residence must be free of rodents and insect infestation.

19.Garbage must be removed from the house regularly and stored outside in covered containers or closed bags.

F.Home Safety Inspections

1.The resource caregiver must permit Department Licensing staff access to all areas of the home and property for a visual inspection.

2.The entire residence, including the cellar/basement, must be uncluttered to limit fire hazards and ensure safe passage out of the home in the case of an emergency.

3.Window unit air conditioners may not be placed in windows where the fire escape is located.

4.The Department currently follows the language outlined in the Lead Hazard Mitigation Act when identifying “at risk” occupants. Resource caregiver’s residence must comply with local and state lead certifications requirements established by the Lead Poisoning Prevention Regulations (216-RICR-50-15-3) and Lead Hazard Mitigation (R.I. Gen. Laws Chapter 42-128.1). Homes that fail to meet such requirements may be considered to care for youth aged six and older but shall not be licensed to care for any child younger than age six.

G.Emergency and Disaster Procedures

1.The resource caregiver must have an approved written disaster and emergency response plan for the household in the event of an emergency. The plan must be reviewed with the resource caregiver’s household members and children in care. The resource caregiver must be familiar with the local city/town emergency evacuation plan.

2.Upon placement, a written emergency evacuation plan must be reviewed with the child withing 24 hours of placement in the home and posted in a prominent place in the home. The plan must identify multiple exits from the home and designate a central meeting place close to the home that is known to the child yet at a safe distance from potential danger.

3.After notifying emergency personnel, as applicable, the resource caregiver contacts the Department’s Division of Licensing and the child’s primary service worker as soon as possible after an emergency or disaster.

4.If the emergency or disaster occurs outside of regular business hours, or if the resource caregiver is unable to reach the primary service worker and the Division of Licensing, the resource caregiver must contact the Hotline at 1-800-RI-CHILD (1-800-742-4453) and speak with an operator.

H.Firearm and Weapon Safety

1.The Division of Licensing must be informed if any household member owns or possesses any firearm or plans to own or possess any firearm. Possession or ownership of firearms or weapons must conform to state and local laws.

a.Loaded guns must not be kept in a foster home unless required by law enforcement officials and in accordance with their local law enforcement agency’s safety protocols.

2.Any firearm, air rifle, hunting slingshot, other projectile weapon, or self-defense weapons (e.g., pepper spray or taser) must be unloaded, and in a locked area inaccessible to a child at all times when not in use by an adult. A resource caregiver may not allow a child in care to have access to or use any of the weapons listed in this paragraph.

3.Any ammunition, arrows or projectiles for weapons must be stored separately from the weapon or firearm in a locked space inaccessible to a child at all times when not in use by an adult. A resource caregiver may not allow a child in care to have access to or use any such ammunition, arrows or projectiles.

a.Combustible ammunition must be stored in a locked fire-safe box.

I.Telephones and Emergency Numbers

1.The resource caregiver must have access to a landline or mobile phone which is to be fully charged for use in case of an emergency.

2.A list of emergency phone numbers must be posted in a conspicuous place in the home. The list must include 911; phone number of the physician of any child in care; the number where the resource caregiver can be reached; and the routine phone lines of the city/town’s police and fire/rescue departments.

J.Pet Safety

1.Dogs, cats, and other pets or domestic animals maintained on the premises must be kept in a safe and sanitary manner.

2.Pets maintained on the premises must have up-to-date rabies vaccinations as appropriate.

K.Sleeping Arrangements

1.All bedrooms for children must have at least one operable window and one closing door and may be used only as bedrooms.

2.All bedrooms must be clutter-free and allow a clear path in the event of a fire or emergency.

3.Living rooms, dining rooms, and halls must not be used as bedrooms for a child in care or any other household member.

4.Each child must have a bed of a type and size appropriate to the child’s stage of development.

5.Each child’s bed must have linens appropriate for the current weather conditions (including a pillow, blanket, and sheets).

6.No child under six may sleep on a top bunk.

7.No child may sleep on a waterbed or air mattress.

8.If a child sleeps on a futon, the futon must have a full mattress and bedding.

9.These regulations hereby adopt and incorporate the American Academy of Pediatrics’ “Sleep-Related Infant Deaths: Updated 2022 Recommendations for Reducing Infant Deaths in the Sleep Environment” (2023) by reference, https://publications.aap.org/pediatrics/article/150/1/e2022057990/188304/SleepRelated-Infant-Deaths-Updated-2022 (including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations).

a.A crib must have a fitted sheet and be free from any blankets or toys.

b.The resource caregiver receives written guidelines and information on safe sleep practices.

10.Co-sleeping with a child in care is strictly prohibited, regardless of the age or relationship to the child.

11.Toddlers may sleep in a toddler bed on a case-by-case basis based on their height and weight.

12.A child cannot share the bedroom with an adult except if they are under the age of one, or under emergency conditions for a brief period when a child requires medical supervision, safety intervention or is approved on a case-by-case basis by the DCYF Licensing administrator or designee.

13.Except for a child under one-year, sufficient sleeping space must be available so that no child in the household shares the bedroom with any adult.

14.Except for a child under the age of one year, space is provided within the bedroom for the child’s possessions and a reasonable degree of privacy. Resource caregivers must respect children’s right to privacy while sleeping, bathing, toileting, and dressing; and may assist in those tasks only with the least intervention necessary if the child is not fully capable of performing those tasks independently and safely.

15.If approved by the treatment team, a parenting youth in care may share a bedroom with their minor child. Co-sleeping is not permitted.

16.In consultation with the treatment team, the Licensing Unit may approve a child in care who turns 18 to continue to share a bedroom with another child under 18. This approval is on a child-specific case-by-case basis.

17.A child three years of age or older must not share a bedroom with any child of another gender except:

a.When it is necessary to facilitate the placement of sibling groups.

b.To meet the needs of transgender or gender non-conforming youth.

c.When the safety and health of all youth have been clinically determined.

18.No more than four children can sleep in one bedroom.

19.No basement or attic shall be used for sleeping without the approval of the DCYF Licensing administrator or designee.

a.Children who are mobile, capable of self-preservation, and able to understand and follow directions with minimal assistance in an emergency can sleep in a finished basement or attic. Sleeping arrangements in such situations must have Licensing Unit approval and will be approved on a case-by-case basis.

b.To be used for sleeping, basements and attics must have two means of egress, with one exit providing access to the outside to reach the ground level safely. The second exit may be an easily accessible window that provides an unobstructed opening to the outside, operable from the inside without needing tools, and large enough to accommodate an adult. The sleeping area must be separate from the furnace and utility areas and must have working smoke/fire and carbon monoxide detectors, and proper heating/cooling and ventilation.

20.Adequate closet and dresser space comparable to that provided to other household children is provided for each child in care to accommodate personal belongings.

21.The bedroom must have an outside window or have auxiliary means of ventilation.

22.If a child who is placed in care exhibits sexually reactive behaviors, sleeping arrangements for each child in the household must comply with the requirements of a safety plan approved by the Department, which may include additional limitations on sleeping arrangements.

L.Use of Audio and/or Video Monitoring

1.Resource caregivers are prohibited from the use of audio or video monitoring in bedrooms unless written in the child or youth's service plan and approved in advance by the Licensing Unit.

2.Audio and video monitoring is permitted for any of the following:

a.Infants or children under four years of age.

b.Medically fragile or sick children when it relates to their health as directed in writing by the child or youth's physician.

c.Use of door or window alarms or motion detectors.

M.Child Abuse and Neglect

1.Every person in Rhode Island, including every resource caregiver, must report any suspected case of child abuse and/or neglect to the Hotline at 1-800-RI-CHILD (1-800-742-4453) within 24 hours of knowledge of the abuse and/or neglect in accordance with state law and Department policy.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-3 § 3.8 Pro v i s ion of S e r v i c es

A.Resource Caregiver Personal Characteristics and Abilities

1.The resource caregiver must demonstrate the competence, interpersonal qualities, and life experiences that enable them to provide quality care.

a.The resource caregiver must exercise cultural sensitivity and responsiveness toward the child in care.

b.When caring for an American Indian child, tribal representatives have the right to play an active role in all aspects of the child’s case, in accordance with the Indian Child Welfare Act (ICWA), 25 U.S.C. §§ 1901-1963. The resource caregiver should consider and prioritize culturally relevant resources available through or recommended by the tribe.

c.The resource caregiver will affirm and support a child regardless of the child’s sexual orientation, gender identity, and/or gender expression.

2.The resource caregiver must meet the physical, emotional, social, developmental, treatment, educational, medical, communication and language, and cultural needs of the child in care.

B.Confidentiality

1.Information about a child in care and their family, or any case-related information, must be held in confidence by the resource caregiver and all household members, with the exception that any information about a child in care may be shared with DCYF staff (including social worker, Licensing worker, and child protective investigator), the child’s guardian ad litem (including a CASA attorney and/or Court Appointed Special Advocate "CASA" social worker), the Office of the Child Advocate, any medical or behavioral healthcare provider of the child in care; and/or any police, fire or EMS (rescue) personnel when necessary to ensure the child’s health or safety.

2.In accordance with R.I. Gen. Laws § 42-73-2 The Office of the Child Advocate has the legal authority to review any placement licensed by DCYF, including resource caregiver homes.

3.The resource caregiver must not share photographs, sketches, videos, identifying information, or names of children in care with anyone other than immediate family members or use in any material that will be available to the public, including on the resource parent’s social media networks, without permission of the Department.

4.The resource caregiver must obtain written permission through the Department before permitting any media outlet to interview, photograph, or publish information about a child in care for television, newspaper, newsletter, internet publication, or any other source.

C.Written Consents

1.Prior written consent from parent, guardian, and/or the Department is obtained for certain events on the child’s behalf, including but not limited to:

a.Health care and treatment, including medical, surgical, psychiatric, psychological, and dental, unless an exception in R.I. Gen. Laws § 23-4.6-1 applies.

b.Use of psychotropic medications unless an exception in R.I. Gen. Laws § 23-4.6-1 applies.

c.Religious instruction and/or attendance at religious gatherings in a faith different from that of the child in care.

d.Work programs, induction into the armed services, driving a car, car ownership.

e.Extended visits, trips, or excursions longer than 48 hours.

f.Trips outside of Rhode Island that last for more than 24 hours.

2.Any written or verbal consents or authorizations given by the parents, guardians or Department that conflict with these regulations are invalid.

3.Written consents must be dated and limited to a specific time frame.

4.If deemed in the best interest of the child, Family Court approval may be obtained if a parent or guardian refuses to provide consent.

D.Supervision

1.Each child must be always supervised in a manner appropriate to the child’s needs and level of development.

2.When the resource caregiver is absent from the home for any reason, the resource caregiver applies reasonable and prudent parenting to determine the appropriate supervision needs of the child.

3.Overnight sitters must be at least 18 years of age.

4.If the resource caregiver is absent from the home on a regular basis, the childcare arrangements must be approved by the Department.

5.Personal home security systems that include cameras are only permitted for use in common areas of the home, but not in any bedroom or bathroom except as provided § 3.7(M) of this Part.

E.Behavior Management

1.The resource caregiver may use discipline solely to teach a child appropriate behavior consistent with the child’s age and developmental level.

2.Discipline must be:

a.Individualized and consistent for each child.

b.Appropriate to the child’s developmental level and level of understanding.

c.Appropriate based on the child’s history of trauma, neglect, or abuse.

d.Directed toward teaching the child acceptable behavior and self-control.

e.Relevant to, and not out of proportion to, the behavior.

3.Discipline should be administered only by the resource caregiver, and promptly after the incident to ensure the child understands the connection between their behavior and the consequence.

4.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 their mouth soap, food, spices, or foreign substances.

d.Exposing a child to extremes of temperature.

e.Isolating a child in a bathroom, hallway, closet, darkened area, or similar area.

f.Binding, tying, or taping to restrict movement.

g.Requiring silence or inactivity for inappropriately long periods.

5.Other discipline practices that are strictly prohibited include but are not limited to:

a.Using or withholding a meal or part of a meal as a punishment or reward.

b.Toilet training methods that punish, demean, or humiliate a child.

c.Rejecting, terrorizing, ignoring, isolating, or corrupting a child.

d.Using abusive, profane, sarcastic language, verbal abuse, threats, or derogatory remarks about the child or child’s family.

e.Engaging in any form of public or private humiliation, including threats of physical punishment.

f.While providing care for children, using and/or being under the influence of any substances that would impair an individual’s ability to provide appropriate care for children.

g.Deprivation of sleep.

h.Deprivation of clothing.

6.A child may be restricted to an unlocked bedroom for a reasonable timeout period. While restricted, the child must have full access to a bathroom.

7.No child may be deprived of visits with family or other persons who have a parenting bond with the child. Cancellation of arranged visits as a form of punishment is prohibited.

8.A child’s participation in cultural, educational, religious, and community activities may not be leveraged as a disciplinary measure.

F.Transportation

1.The resource caregiver must have access to reliable and smoke-free (personal or public) transportation to ensure that the child in care has access to school, community services, appointments, and the Department.

2.A child transported in a motor vehicle must be in an age and size-appropriate child safety restraint or seat belt.

3.Anyone transporting a child in care must possess a valid driver’s license and adhere to state laws and regulations.

4.Any vehicle used to transport children must have up-to-date registration and inspection and be appropriately insured in compliance with state law.

G.Medical Care

1.The resource caregiver informs the child's primary service worker or supervisor of any medical care or treatment that is going to be provided, or was provided on an urgent or emergency basis, to the child in care.

2.Resource caregivers arrange for the child in care to receive comprehensive age-appropriate healthcare services within appropriate timeframes to promote optimal physical, mental, and developmental health. This includes but is not limited to:

a.Routine medical examinations, including an annual physical examination.

b.Dental examinations are required for children over age three every six months, or more frequently/earlier based on individual need.

c.Initial and ongoing developmental screenings as required by the Department to identify the need for further assessment.

d.Substance use screenings if required by the Department.

e.Any services needed to address issues or conditions identified during health screenings, assessments, or examinations.

3.The resource caregiver must ensure that each youth in their care is up to date on immunizations and tests as recommended by the Federal Centers for Disease Control and Prevention or as recommended by a physician, unless exempt on the religious grounds of the legal parent/ guardian.

4.Resource families immediately inform the child’s primary service worker or supervisor of any health concerns, including substance use, regarding a child in care or youth in their home.

5.The resource caregiver makes no decisions regarding significant medical or surgical intervention, including psychotropic medication, without prior approval of the Department.

6.Prescription medications shall not be given to a child in care without a licensed prescriber’s prescription or authorization. When administering prescription medication, the resource caregiver must follow the prescriber’s directions.

7.In their absence, resource caregivers must familiarize anyone caring for the child in care with the child's needed therapeutic and/or medical care, and how and when to administer that care.

H.Education

1.The resource caregiver must ensure that the child in care continues to attend school. In accordance with the Every Student Succeeds Act (ESSA), the child will likely continue to attend their school of origin (the school the child attended before placement with the caregiver).

2.No child in care is permitted to be home-schooled. No child in care may attend school using a virtual learning environment unless directed by the child’s school district for specific reasons (e.g., snow day, public health emergency).

I.Children’s Money

1.Money earned or received as a gift or an allowance is the child’s personal property.

2.The resource caregiver should provide a child in care above the age of five with a reasonable allowance or have another method to provide reasonable financial resources to the child in care to support normalcy.

3.The resource caregiver shall not require a child in care to assume any part of the expenses relating to their care.

J.Visitation and Contacts

1.The resource caregiver must support visitation between the child in care and their family as outlined in the child’s service plan and/or court order.

2.Reasonable opportunity must be provided for the child to use the resource caregiver’s home or mobile telephone to contact family and friends.

3.The resource caregiver must not restrict or censor correspondence to or from the child in care except in accordance with the child’s service plan.

4.The resource caregiver must not restrict communication between the child in care and the Department, including, but not limited to, the Division of Family Services (DFS), the hotline or investigators, the Office of the Child Advocate, and/or the child’s guardian ad litem (which may include CASA attorney and CASA social worker).

K.Religion

1.The resource caregiver must not require or deny any religious observance or practice of a child in care except upon the written request of the parent or guardian.

2.The resource caregiver must notify and receive written approval from the Department via the primary service worker before any change is made in the religious affiliation of a child in care.

3.The religious beliefs and rights of children are legally protected.

4.Each child must be afforded religious instruction in their faith (if any), or that faith (if any) of their parent or guardian, unless there is written consent of the parent (or guardian if residual parental rights have been legally terminated) for the child to participate in religious instruction in another faith and to attend the facility of another faith.

5.Children are permitted to participate in religious services either singularly or in groups.

L.Employment and Household Chores

1.The resource caregiver shall not prevent or force a child in care to work.

2.A child in care is not required to perform household chores in a manner dissimilar to any other child in the household of similar age or ability.

3.Household chore requirements must be appropriate to the age and developmental abilities of the child. Household chores may not be assigned priority over schoolwork or family visitation for a child in care.

M.Clothing

1.The resource caregiver must ensure that each child has clean, well-fitting, and seasonal clothing, including inner and outerwear, and shoes, that is age-appropriate and responsive to the child’s chosen gender identity. The resource caregiver must include the child in care in selecting clothing if age-appropriate.

2.Upon leaving the resource caregiver’s home, the child shall be permitted to take all their clothing purchased previously or while in care.

3.All monies provided by the Department for clothing for a child in care must be expended exclusively on clothing for that child.

N.Personal Belongings

1.A child in care may bring personal belongings to the resource caregiver’s home.

2.The resource caregiver shall make reasonable provisions to protect a child’s property.

3.The resource caregiver shall ensure that the child in care takes their personal belongings when the child leaves the home.

4.Any gift given to the child is considered the child’s personal property.

O.Personal Hygiene and Grooming

1.The resource caregiver shall ensure each child has the necessary and age-appropriate items to maintain personal hygiene.

2.The resource caregiver shall ensure the proper hygiene of a child in care who cannot maintain hygiene independently.

3.The resource caregiver should be aware of and should use the correct products for the ethnic and cultural needs of each child in care.

4.The resource caregiver may not significantly alter the child in care’s appearance without permission from the parent/legal guardian. This includes but is not limited to changes in hairstyle, hair color, or piercings.

a.The parent or legal guardian must grant permission for a significant change in hairstyle or length if the child is under 12 years of age. If the child is 12 years or older, the child can determine their hair cut and style if they do not violate school or employment rules.

b.Any child in care for whom the Indian Child Welfare Act (ICWA) applies cannot significantly alter their appearance without parental or tribal approval.

P.Social and Recreational Activities

1.The resource caregiver shall provide the child with opportunities and encouragement to engage in social and recreational activities generally considered typical for the child’s age and developmental needs and promotes well-being.

2.The resource caregiver shall provide regular opportunities for social and recreational activities appropriate to the age and abilities of the child in care.

3.The resource caregiver shall make reasonable and prudent parenting decisions regarding a child’s participation in social and recreational activities. The Department’s approval of such decisions is not required.

Q.Meals

1.The resource caregiver shall provide the child in care with well-balanced and nutritious meals and snacks throughout the day at regular intervals.

2.The resource caregiver must not exclude the child from family meals.

3.The resource caregiver shall provide at least three balanced meals per day in quantities sufficient to meet the recommended daily allowances for the nutritional needs of children. The period between meals shall never be than 14 hours (overnight).

4.When a qualified health care provider has prescribed a special diet for a child, the resource caregiver home must provide the special diet.

5.The resource caregiver home must consider the child’s nutritional needs in relation to the age, religious beliefs, and cultural background of the child.

6.Meals served to children in care should be substantially the same as those served to other family members unless a variation based on age, medical needs, dietary preferences (e.g., vegetarianism), or religious beliefs is required.

7.Meals must be served unhurriedly, and under clean and sanitary conditions.

8.Children should be encouraged to eat the food served but are never coerced or force-fed.

9.Children may be allowed to assist in meal preparation if safe and age appropriate.

R.Respite Care

1.As part of the home study process, the resource caregiver must develop a written respite care plan. This plan must outline, at a minimum, the child's daily routines, preferred foods, favorite activities, safety measures, and any required therapeutic or medical care. Additionally, the plan should include enriching activities tailored to the child's interests, age, developmental stage, physical abilities, interpersonal characteristics, cultural background, and any special needs.

2.Responsibilities and Qualifications of the Respite Care Provider

a.The respite provider must be a DCYF-licensed resource parent or is a relative or fictive kin at least 21 years of age.

b.Respite providers and all adult (age 18 and older) household members are subject to the same background checks as resource caregivers as required by these regulations.

c.While the child is in the respite providers' care, the respite provider is responsible for child's safety and wellbeing.

d.The respite provider must meet all needs of the child, including support for continued participation in educational, extracurricular, employment activities.

e.The respite provider must do their best to maintain the child/youth’s daily routines.

f.The respite provider must maintain any activities related to the child’s safety plan and needed therapeutic or medical care.

g.The respite provider must provide enriching activities appropriate to the child's interests, age, development, physical abilities, interpersonal characteristics, culture, and special needs.

h.When children in respite care experience accidents, health problems, or changes in appearance or behavior, the respite provider must promptly record and reports this information to the primary service worker or supervisor and resource caregivers.

S.Required Notification

1.The resource caregiver is responsible for providing the primary service worker with the full names and exact dates of birth of all individuals staying in the home for more than 48 hours. Criminal background checks and Child Abuse and Neglect Registry checks shall be conducted on any visitor staying beyond 48 hours.

2.The resource caregiver must notify the Department before making plans for the care of the child in care outside of a formal respite arrangement for more than 48 hours. Criminal background checks and Child Abuse and Neglect Registry checks shall be conducted.

3.The resource caregiver shall notify the Department before taking the child in care out of state for more than 24 hours. Advanced approval will be required through the Department.

4.The resource caregiver must notify the Department immediately in any of the following instances that includes, but is not limited to:

a.Death of a child in the household.

b.Serious injury or illness that requires the medical treatment of a child in care.

c.Serious emotional or behavioral crisis that may endanger the child in care or others.

d.When there is an allegation, concern, or knowledge that a child has been subjected to alleged abuse or neglect; or has been the alleged victim of assault or other physical or sexual abuse; or may have committed any serious assault (or one resulting in injury) against another child inside or outside the household.

e.Unauthorized absence of the child in care from the home, including a period in which a child is missing or absent beyond expected return times.

f.Removal of the child in care without the knowledge of and approval from the Department or any attempts at such removal.

g.Any fire, flood, natural disaster, or other emergency requiring the overnight evacuation of the premises.

h.Any exclusion of a child in care from school, including in-school and out-of-school suspension, expulsion, or absence for more than three days.

i.Arrests or other police involvement of the child.

j.Any changes in the household composition.

k.Any pending criminal charges or arrests of the resource caregiver and/or any household member.

6.The resource caregiver must inform the Department as soon as possible any of the following circumstances:

a.Any serious illness or death in the household.

b.The permanent departure of any member of the household.

c.Legal proceedings affecting the resource family, such as eviction or divorce.

d.Any other circumstance or incident seriously affecting the child or the child’s care.

T.Removal Requests

1.If the resource caregiver wishes to request the removal of a child in care, they submit a written notice within 30 days to the primary service worker or supervisor outlining the reasons why the child's removal is being requested.

2.Resource caregivers and the child in care are supported during placement changes, including but not limited to:

a.Sufficient advanced notice to all parties, provided at least 14 days before the move, when possible.

b.Formal discussions about the move or disruption, each person’s feelings about the change, and, as needed, interventions to address the reasons for the move.

c.Connection to additional services or supports as needed.

History

• Amendment — effective from 2025-07-02 to current
• Periodic Refile — effective from 2022-01-04 to 07/02/2025
• Technical Revision — effective from 2017-02-06 to 01/04/2022
• Amendment — effective from 2017-02-06 to 02/06/2017
• EMERGENCY RULE Amendment — effective from 2016-07-29 to 01/25/2017
• Amendment — effective from 2013-10-08 to 02/06/2017
• Adoption — effective from 2011-10-20 to 10/08/2013

214-RICR-40-00-4 Residential Child Care Regulations for Licensure

214-RICR-40-00-4 § 4.1 GENERAL PROVISIONS

4.1.1LEGAL BASIS

A.R.I. Gen. Laws § 40-13.2 - Certification of Child Care and Youth Serving Agency Workers

B.R.I. Gen. Laws Chapter 42-72 - Department of Children, Youth and Families

C.R.I. Gen. Laws § 42-72.1 - Licensing and Monitoring of Child Care Providers and Child-Placing Agencies

D.R.I. Gen. Laws § 42-72.9 - Children's Right to Freedom From Restraint Act 42 USC 201 - Children’s Health Act of 2000

E.These regulations apply to all residential placements in accordance with the term “Facility”, as defined in § 4.1.3 of this Part (DEFINITIONS) below. They do not apply to boarding schools and educational programs approved by the Rhode Island Department of Education, recreational camps or programs licensed by the Department of Mental Health, Retardation and Hospitals, including nursing homes, hospitals, mental health centers and residential substance abuse programs. They do not pertain to the Rhode Island Training School.

F.A provider must demonstrate both in its license application and as an active program its ability to provide child care services in accordance with these regulations and in compliance with the laws of the State of Rhode Island. DCYF, as the licensing authority, will inspect all aspects of a program in order to determine compliance with these regulations. No provider will operate a Facility without a DCYF license.

4.1.2STATEMENT OF INTENT

A.R.I. Gen. Laws Chapter 42-72 of the Rhode Island General Laws requires the Rhode Island Department of Children, Youth and Families (DCYF) to provide for the safety and well-being of all youth who are placed in its care. DCYF is responsible for the regulation of all residential facilities for children.

B.The Children’s Bill of Rights, R.I. Gen. Laws § 42-72-15, mandates that each child be treated in a humane and respectful manner with full consideration for the child’s personal dignity and right to privacy. These regulations set standards to ensure that agencies create safe, clean, healthy and emotionally supportive environments where every child receives the least intrusive, most clinically appropriate intervention.

C.The Department utilizes a family centered practice approach, recognizing that family members play an important part in treatment planning. Residential child-care agencies play a critical role in promoting the principles of family centered practice by recognizing that families have strengths, supporting family members in caring for their children, creating an environment that respects cultural diversity, linking and coordinating with the community to access needed services and working with families to achieve the goals of safety, permanency and well-being.

D.The Department has formulated the portion of these regulations relating to crisis intervention, restraint and seclusion in compliance with the Children’s Right to Freedom from Restraint Act (R.I. Gen. Laws § 42-72.9) and the Children’s Health Act of 2000 (42 U.S.C. § 201).

E.According to those laws, every child has the right to be free from the use of seclusion or restraint as a means of coercion, discipline or retaliation. The use of such techniques poses potential risks to physical safety and psychological well-being; non-physical interventions are the preferred techniques. The intent of these regulations is to minimize the use of restraint and seclusion and to ensure such interventions are employed only to prevent immediate harm to the physical safety of a child or other individuals in the Facility.

F.The Department of Children, Youth, and Families does not discriminate against individuals based on race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap. The prohibition against discriminatory practices extends to the agencies, organizations and institutions the Department licenses.

4.1.3DEFINITIONS

A."Applicant" means a child care provider applying for a license or a license renewal to operate a residential facility for children in the care of the Department.

B."Bedroom space" means a minimum of fifty (50) square feet per child designated as a sleeping area. Any bedroom space developed subsequent to the effective date of these regulations will include an outside window.

C."Behavior management policy" means written policies and procedures for managing children’s actions, including positive responses for appropriate behavior and consequences for rule violations.

D."Bio-psychosocial assessment" means a comprehensive assessment of the functioning of the child and family, including their strengths, preferences, cultural background and influences, previous involvement in mental health or social services and current functioning. The assessment identifies current barriers and supports to community placement of the child, family reunification, ensuring community safety and the child’s participation in local education.

E."Chemical restraint" means any medication used to control a child’s behavior or to restrict the child’s movement when the medication is not a standard treatment for the child’s medical or psychiatric condition.

F."Child" means any person less than eighteen (18) years of age, provided that a child over the age of eighteen (18) who continues to receive services from the Department and/or who is defined as emotionally disturbed and/or as a child with functional developmental disabilities as referenced in R.I. Gen. Laws § 42-72-5 is considered a child for purposes of these regulations, or any child who is subject to the continuing jurisdiction of the RI Family Court pursuant to R.I. Gen. Laws § 14-1-6.

G."Child abuse and neglect" means the maltreatment of a child as defined by R.I. Gen. Laws §§ 40-11-2 and 14-1.

H."Child placing agency" means any private or public agency, which receives children for placement into independent living arrangements, supervised apartment living, residential group care facilities, family foster homes or adoptive homes.

I."Child protective services" means the Child Protective Services (CPS) division of DCYF, including investigative and intake units.

J."Clinical care staff" means any person employed or contracted by a Facility, on a temporary or permanent basis, to provide specialized clinical and therapeutic services in accordance with their qualifications and licenses.

K."Court appointed special advocate (CASA)" means the program established by the RI Family Court to provide representation to children in DCYF proceedings.

L."DCYF service plan" means the Department’s plan with a child and the child’s family for care and treatment services.

M."Department of Children, Youth, and Families" is referred to as DCYF, the Department, the Licensing Division or Unit and DCYF representatives.

N."Department of Human Services (DHS)" is the Medicaid Authority for the State of Rhode Island and the payor of medically necessary services for children with Medicaid coverage.

O."Direct care staff" means any person employed or contracted by a Facility, on a temporary or permanent basis, to provide care, education or supervision and to implement facility service plans for children in the placement.

P."Educational program" means a Facility with educational services certified by the Rhode Island Department of Education.

Q."Facility" means any agency, organization or public or private entity that provides residential treatment, residential group care or shelter care for children. The placements include but are not limited to independent living, semi-independent living and wilderness programs. The term encompasses “Covered Facility” as defined in R.I. Gen. Laws § 42-72.9-3.

R."Facility case record" means the placement’s comprehensive collection of a child’s medical, social and educational information, including treatment plans and service plans.

S."Facility service plan" means the time-limited, goal-oriented individual service plan of care, treatment and education services that is developed and implemented by the Facility for a particular child.

T."Family centered practice" means a best practice approach that allows the family’s strengths, resources and needs to be identified in partnership with DCYF and service providers for the purpose of developing service plans and delivering appropriate services. Family centered practice includes the family members in making the decisions that will affect them and their children, and it is built upon a set of principles that embrace valuing the family and utilizing the family’s community as a core support.

U."Independent living" means the placement of a child in his/her own residence under the regular supervision of a licensed child placing agency.

V."Licensed practitioner of the healing arts" means a Doctoral and/or Masters Level clinician independently licensed in the State of Rhode Island in the field of medicine, psychology, nursing, social work, mental health counseling or marriage and family treatment who is required to sign the child’s individual service plan.

W."Licensing division" means the Licensing Unit of DCYF.

X."Life threatening physical restraint" means any physical restraint or hold on a child that restricts the flow of air into the child’s lungs by chest compression or any other means or any other restraint that may result in death.

Y."Locked facility" means a Facility secured with locked doors to prevent children from exiting the premises at will.

Z."Mechanical restraint" means any approved mechanical restriction that immobilizes or reduces the movement of a child's arms, legs, torso or head in order to hold a child safely including:

1.medical devices, such as supports prescribed by a health care provider to achieve proper body position or balance; and

2.helmets or other protective gear used to protect a person from injury due to a fall or to prevent self-injury. Such devices must be part of a documented treatment plan and must be the least restrictive means available to prevent self-injury.

AA."Nationally recognized model of crisis intervention and physical restraint" means a Crisis Intervention and Restraint Program that is developed by an organization with the capacity to ensure quality training in, and evaluation of, the model consistent with § 4.2.6(L) of this Part (Behavior Management, Safety and Crisis Intervention, Restraint and Seclusion) below.

BB."Office of the Child Advocate" means the legal office created by R.I. Gen. Laws Chapter 42-73.

CC."Parent" means the parent(s) or legal guardian(s) of a child.

DD."Parent agency" means the association of persons or the organization having responsibility for conducting the affairs of the Facility or of which the Facility is a subsidiary.

EE."Probationary license" means a license maintained by a Facility that is temporarily unable to comply with a licensing requirement. A probationary license shall be issued for up to twelve (12) months and may be extended for an additional six (6) months at the discretion of the Licensing administrator. A probationary license will be granted in accordance with R.I. Gen. Laws § 42-72.1-5.

FF."Provisional license" means a license issued for a period not to exceed six (6) months to an applicant who is not able to comply with a certain regulation or regulations because the Facility is not in full operation. A provisional license will be granted in accordance with R.I. Gen. Laws § 42-72.1-5.

GG."Residential counseling center" means a residential group care facility that maintains intensive staffing ratios to ensure the safety and security of the residents.

HH."Residential group care" means any Facility that serves no more than eight (8) children and provides room and board, recreational programs and clinical and social services.

II."Residential treatment" means a facility that provides care and treatment of children who need extended out-of-home care. Treatment includes medical services, psychiatric and/or psychological services, clinical social work, behavioral management interventions and educational and recreational services.

JJ."Seclusion" means the involuntary confinement of a child in a room, whether alone or with staff, in a manner that prevents the child from leaving the area. This definition does not pertain to facilities or children where the terms of seclusion are defined pursuant to any particular judicial decree.

KK."Serious physical injury" means any injury requiring diagnostic or treatment services from a licensed medical provider.

LL."Site" means the Facility premises.

MM."Shelter care" means any facility serving no more than eight (8) children, which provides emergency care for the purpose of stabilization or assessment in a group home for a period not exceeding ninety (90) days.

NN."Semi-independent living" means a program for adolescents with daily supervision and overnight staffing.

OO."Support staff" means individuals who do not maintain direct supervision and care of children.

PP."Therapeutic physical restraint" means the use of a staff member’s body to immobilize or reduce the free movement of a child’s arms, legs, torso or head in order to ensure the physical safety of a child or other individual in the Facility. The term does not include either brief holding of a resident in order to calm or comfort or the minimum contact necessary to safely escort a resident from one area to another.

QQ."Time out" means a child’s brief separation from a group, not to exceed twenty (20) minutes, designed to de-escalate a child’s behavior. During “time out” a child’s freedom of movement is not restricted and the child need not be directly supervised, but must be visually monitored.

RR."Total quality management (TQM)" means a management approach for an organization, centered on quality, based on the participation of all its members and aiming at long-term success through customer satisfaction and benefits to all members of the organization and to society.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-01-22 to 01/04/2022
• Technical Revision — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2011-10-20 to 01/22/2013
• Amendment — effective from 2010-06-07 to 10/20/2011
• Periodic Refile — effective from 2002-01-02 to 06/07/2010
• Periodic Refile — effective from 2002-01-02 to 06/07/2010

214-RICR-40-00-4 § 4.2 LICENSING PROVISIONS

4.2.1APPLICATION PROCESS

A.The application packet is obtained from the DCYF Licensing Unit. A separate application must be filed for each proposed Facility.

B.The completed licensing application packet, in accordance with § 4.2.1(C) of this Part below, must be submitted to DCYF Licensing to initiate the Licensing process. An incomplete packet will be returned to the applicant.

C.The application packet consists of the following:

1.Facility Licensing Application and Checklist

a.The application must be fully completed and signed by the chief executive of the applying agency.

b.All information listed on the checklist must be provided.

2.Documentation of fiscal responsibility evidencing sound financial structure and ability to meet the operating needs of the Facility

3.Fire Safety inspection approvals or other evidence of compliance with the Food and Drug and Health and Safety Acts, R.I. Gen. Laws Titles 21 and 23 respectively, and any related regulations

4.Agency Charter or Articles of Incorporation

5.Documentation of Federal Tax Exempt Status

6.Certificate of Occupancy or other evidence of compliance with the State Building Code for new construction or change of use

7.Documentation of any national accreditations and any other licenses

8.Report of any community notification

9.DCYF clearances (Form #035A) and results (Form #171) on all operators, employees and board members (refer to Department Operating Procedure 100.0155, Clearance of Agency Activity)

10.Criminal History Affidavit (Form #109) and statewide and nationwide, including fingerprinting, criminal records checks (refer to Department Operating Procedure 100.0215, Criminal Records Checks) on all operators and employees and Form #109 and statewide criminal records checks on board members

11.Employment History Affidavit (Form #108) (refer to Department Operating Procedure: 100.0210, Employment Background Checks Facility Operators/Facility Employees) on all operators and employees

12.Disaster and Emergency Response Plan

13.Behavior management and crisis intervention, restraint and seclusion policies

14.Identification of crisis intervention and restraint model to be utilized in the Facility

15.Documentation of completion of training in crisis intervention, restraint and seclusion and certification in First Aid and CPR

16.Documentation of licensure of the clinical supervisor or clinical director, confirming that the clinician is a licensed practitioner of the healing arts

D.Preliminary site evaluation is performed by DCYF licensing staff

4.2.2DETERMINATION

A.Upon receipt of a completed License application packet, the Licensing Division will take one of the following actions within ninety (90) days:

1.Issue a license.

2.Issue a Provisional License to a Facility not previously licensed in accordance with R.I. Gen. Laws § 42-72.1-5.

3.Issue a Probationary License which sets forth terms of remediation as prescribed by R.I. Gen. Laws § 42-72.1-5.

4.Deny the application (refer to § 4.5 of this Part (APPEAL/HEARING) below).

B.If a License is issued, the License remains valid from the date of issue to its expiration in one (1) year, or as otherwise consistent with R.I. Gen. Laws § 42-72.1-5, unless DCYF initiates licensing action for cause or the Facility voluntarily surrenders the license prior to that time.

4.2.3VARIANCE

A.The DCYF Director or designee may grant a variance to a regulation upon the submission of a written request setting forth the circumstances requiring the variance and demonstrating good cause for the variance to be granted.

B.A variance may be granted when the situation does not jeopardize the health, safety and well-being of the children in care.

C.An approved variance will contain a specified time frame, not to exceed ninety (90) days, and is subject to review and renewal.

4.2.4LICENSING VIOLATIONS AND COMPLAINTS

A.Any complaint, which alleges a violation of these regulations will be referred to the DCYF Licensing Division for investigation.

1.When a Facility is found to be in violation of these regulations, the DCYF Licensing Administrator or designee sends written notice of the violation(s) to the chief executive of the Facility. The notice establishes a deadline for correcting the violation.

2.The chief executive of the agency sends a corrective action plan to the Licensing Administrator or designee.

3.If the Facility fails to comply with the time frame, the chief executive of the agency sends a written explanation for the delay to the Licensing Administrator or designee with a request for an amended time frame. This request must be received within twenty-four hours of the deadline.

4.The Licensing Administrator or designee may either accept or reject the request in writing.

5.If the Facility 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 Facility will be referred to Child Protective Services.

4.2.5APPEAL/HEARING

A.Any applicant for licensure or licensee may appeal any action or decision of a Departmental staff person, supervisor or administrator that is adverse to the status as an applicant or license holder.

B.All administrative hearings for appeals relating to licensing violations or terms will be held in accordance with Department Operating Procedure 100.0040, Complaints and Hearings.

4.2.6LICENSE RENEWAL

A.The DCYF Licensing Unit provides a renewal application packet, which includes a compliance self-assessment report, to the Facility ninety (90) days prior to the expiration of the current License.

B.Applicant returns the completed renewal application packet to the Licensing Unit at least thirty (30) days prior to the license expiration.

C.Applicant provides documentation of fiscal accountability.

D.Applicant requests updated DCYF clearances through the DCYF Licensing Unit and obtains statewide BCI checks in accordance with Department Operating Procedure 100.0155, Clearance of Agency Activity and Department Operating Procedure 100.0210, Criminal Records Checks and includes results in personnel file.

E.DCYF conducts site inspection and records review prior to the expiration of the current license in order to determine compliance with the regulations.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-01-22 to 01/04/2022
• Technical Revision — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2011-10-20 to 01/22/2013
• Amendment — effective from 2010-06-07 to 10/20/2011
• Periodic Refile — effective from 2002-01-02 to 06/07/2010
• Periodic Refile — effective from 2002-01-02 to 06/07/2010

214-RICR-40-00-4 § 4.3 LICENSING STANDARDS

4.3.1ADMINISTRATION AND ORGANIZATION

A.Vendor Guidelines for Establishing New Residential Programs

1.When an agency has identified an appropriate site, the agency's representative contacts the Department’s Licensing Officer to arrange preliminary fire and health inspections. The agency must also contact state and local fire and building authorities to ensure compliance with all codes, statutes and regulations.

2.The agency makes any rental or purchase and sale agreement contingent upon the receipt of licensing.

3.The agency notifies by certified mail elected local officials, including State Senators and Representatives, and local property owners within a 200-foot radius of the perspective location of the program.

4.If requested by local officials, and or neighbors, the agency conducts a neighborhood meeting. The Department is notified by the agency and participates in the meeting.

5.The service provider agency and the Department's contracts personnel and fiscal staff will discuss all relevant factors including program costs.

B.Parent Agency Responsibilities

1.The Parent Agency will maintain an organizational table accurately reflecting the structure of authority within the agency and the Facility.

2.The Parent Agency must have a written policy and procedure that requires the Facility’s continual compliance with licensing requirements and conformity with the provisions of its charter.

3.The Parent Agency must ensure that an accredited Facility has a quality improvement plan, consistent with its Joint Commission on Accreditation of Healthcare Organizations (JCAHO), Commission on Accreditation of Rehabilitation Facilities (CARF) or Council on Accreditation (COA) certification status, which is provided to families, the Department and advocates. A Facility that is not accredited must ascribe to the principles of Total Quality Management and have related policies and procedures, which are provided to families, the Department and advocates.

4.The Parent Agency must ensure that direct care staff includes qualified personnel capable of providing for the health and safety of the children assigned to their care; implementing all aspects of the program, including its policies and procedures and documenting and assessing behaviors of each child to ensure safety.

5.The Parent Agency will ensure that each Facility files an annual Financial Statement with the Licensing Division. The audit must be conducted by an independent certified public accountant. The audit must demonstrate that the facility has sound fiscal and allocation plans that meet its operating needs.

C.Facility Responsibilities

1.Each Facility will maintain a Purpose Statement available for inspection by any interested party. The Purpose Statement will include the following:

a.A statement of the Facility’s philosophy and goals

b.A statement delineating which services are provided by the Facility and which services are provided through community resources

c.Identification of appropriate resources if the Parent Agency administers several programs at different sites

d.A listing of eligibility requirements, including age, sex, cognitive development, health status, treatment and service needs

2.Staffing Ratios and Resident Supervision

a.Each Facility will provide a description of the following:

(1)The staff working on each shift

(2)“One-on-one coverage”, “constant supervision” and any restrictions consistent with the Facility’s behavior management program

(3)“Monitoring” and “supervision” of clients

b.Each Facility will have overnight staff/child ratios as follows:

(1)Residential, Shelter and Residential Treatment Programs - overnight awake staff with a staff/child ratio of one to six (1:6).

(2)Semi-Independent Living Programs - overnight asleep staff, with a staff/child ratio of one to six (1:6).

c.Each Facility will have daytime awake staff/child ratio as follows:

(1)Residential Group and Shelter Care programs will have a minimum of one staff to four residents (1:4).

(2)Residential Treatment Programs and Specialized Programs will have a minimum of one staff to three residents (1:3).

(3)Semi-Independent Living Programs will have a ratio of one staff to five residents (1:5).

d.Each child must be adequately supervised at all times with immediate access to staff twenty-four (24) hours per day.

e.Each Facility will provide a written plan for staff coverage in crisis and emergency situations.

D.Research

1.Research is permitted for a Facility or Parent Agency’s internal evaluation.

2.Research for any other purpose requires prior approval from DCYF. Upon review, DCYF may require parental approval.

3.The child’s anonymity must be maintained in all phases of the research as dictated by State and Federal law.

E.Notice Requirements

1.The Facility must report any known or suspected child abuse or neglect to DCYF at 1-800-RI-CHILD in accordance with R.I. Gen. Laws § 40-11-3 and DCYF Policy 500.0000, Reporting Child Abuse and/or Neglect. Any person who has reasonable cause to know or suspect that any child has been abused and/or neglected or has been a victim of sexual abuse by a parent, third party adult or another child must report that information to DCYF Child Protective Services within twenty-four (24) hours.

2.The Facility must notify DCYF, through the child’s worker and/or Child Protective Services, and the parent or guardian immediately of:

a.Serious injury or illness involving medical treatment of a child

b.Any suicidal or homicidal gesture or attempt that requires outside emergency service or evaluation

c.Any situation involving police intervention

d.Any unauthorized absence of the child from the Facility in accordance with DCYF policy

e.Removal or attempt to remove a child from the Facility by any person or agency other than the placing agency

f.Any fire or other emergency that requires overnight evacuation of the Facility

g.Any expulsion of a child from school

h.Death of a child

3.The Facility will provide written notice within thirty (30) days to DCYF of changes in admissions criteria or administrative staff (applicable staff are referenced in §§ 4.3.2(A)(1), (2), and (3) of this Part below).

4.The Facility will contact DCYF in writing for approval prior to implementing any program or site changes, which impact the existing license, such as change of location, physical expansion or an increase or decrease in the number or gender of clients served.

F.Inspection - The Facility will meet with the Licensing Division upon request and allow representatives from the Department and the Office of the Child Advocate to inspect the Facility at any time to determine compliance with the regulations.

4.3.2PERSONNEL

A.Educational Requirements and Hiring Qualifications

1.The chief executive of a Parent Agency must have an advanced degree from an accredited academic program of social work, health, human services or education, with supervisory and management experience in the provision of social services to individuals, families and children, or any equivalent combination of education and experience.

2.The director of residential services or program director must have a bachelor of arts degree in social work, health, human services or education and a minimum of four (4) years' experience working in a residential program.

3.The director or supervisor of clinical services must have a Master’s Degree with a concentration in human services or related field, an active license with the RI Department of Health to provide clinical services as an independent practitioner in accordance with R.I. Gen. Laws § 5-39.1, a minimum of two (2) years clinical experience and the knowledge and skills necessary to provide leadership to staff.

4.Any program clinician, including any consultant, must possess the necessary qualifications and licenses to provide care and services to Facility residents.

5.Direct care staff must have a minimum of a bachelor’s degree from an accredited academic program in social work, health, human services or education or any equivalent combination of education and experience.

B.Personnel Policies

1.The Facility will maintain written job descriptions for all positions.

2.The Facility will maintain written personnel policies and procedures, which will be provided to staff at the time of hire. The personnel policies will include a provision governing conflicts of interest.

3.Staff will work regularly scheduled hours and the Facility will maintain a record of work assignments.

4.The Facility will have a personnel file for each employee, which contains the following:

a.The application for employment, resume and references

b.Any professional certifications

c.DCYF clearance (Form #035A) and results (Form #171)

d.Fingerprint Affidavit and results

e.Statewide criminal records check and results

f.Criminal History Affidavit (Form #109)

g.Employment History Affidavit (Form #108)

h.Performance evaluations

i.Personnel actions relating to the individual’s employment with the Facility

j.Documentation of completion of training in Crisis Intervention, Restraint and Seclusion and certification in First Aid, and CPR, with evidence of annual compliance

k.Evidence of continuing education hours

l.Beginning and end dates of employment

5.Personnel records must be retained for six (6) years from date of termination.

C.Staff Training, Development and Evaluation

1.The Facility will maintain a written plan for the orientation, training, on- going development, supervision and annual evaluation of staff. Staff supervision must address all critical areas of resident life and occur weekly for direct care staff with the immediate supervisor or designee. A Master’s level clinician must provide supervision for clinical staff.

2.Each new employee will receive orientation and training consistent with the Facility’s written plan, including documentation that the employee has completed mandatory training in a nationally recognized model of crisis intervention and restraint and seclusion and certification in First Aid and CPR within thirty (30) days of hiring.

3.Direct care staff must receive a minimum of sixteen (16) continuing education hours annually in topics related to residential treatment. Eight (8) of these hours will pertain to crisis intervention and restraint in accordance with §4.3.6(L) of this Part (Behavior Management, Safety and Crisis Intervention, Restraint and Seclusion) below. The remaining hours may include training in the following areas:

a.Principles and applications of child care and family centered practice

b.Program goals, administrative procedures and program documentation

c.Reporting of child abuse and neglect under state law

d.State laws and regulations pertaining to confidentiality and ethics

e.Approved behavior management, group techniques and child safety

f.Age appropriate development, boundaries and cultural issues

g.Sexual orientation and expression

h.First Aid and CPR

i.Fire Safety and safe management of hazardous materials

j.Emergency and Disaster Preparedness

k.Medication distribution

l.Effects of psychotropic medications

m.Placement issues including separation, loss and grieving

n.Medical and psychiatric risk assessment

D.Staff Communication

1.The Parent Agency will have a written procedure for communication within each site that addresses residents’ service plans and the milieu.

2.The procedure will provide for the timely and organized transfer of information between each shift and the daily transfer of information between treatment components.

E.Volunteer and Intern Services

1.A Facility that utilizes volunteer and/or intern services will maintain written procedures regarding their roles and provide these procedures to all volunteers and interns.

2.The procedures will require that all volunteers and interns be:

a.Directly supervised by a paid staff member

b.Oriented and trained in the philosophy of the program, the needs of children in their care and the methods used to meet those needs

c.Utilized to provide services to enrich the program (Volunteers and interns may not provide essential services that would otherwise be provided to satisfy client/staff ratios.)

d.Fully informed, at time of orientation, of the requirement to protect client’s confidential information, whether written or oral

e.Prohibited from participating in any form of restraint

3.Facilities will maintain a file for each volunteer and intern containing Employment History Affidavit (Form #108), Criminal History Affidavit (Form #109), Fingerprint Affidavit and results, DCYF Clearance (Form #035A) and results (Form #171) and a signed confidentiality agreement.

4.Volunteers and interns will comply with the same ethical requirements as staff.

4.3.3HEALTH, PRIVACY AND SAFETY

A.Physical Site

1.The Facility will be housed in a structure equipped and maintained to provide for the safety, health, privacy and physical comfort of all residents.

2.Any proposed changes to the site must be made in accordance with State and local laws and notice to DCYF in accordance with § 4.3.1(E) of this Part (Notice Requirements) above.

3.The Facility must maintain all structures and equipment on the premises in good repair, free from hazard or risk. Any power equipment will be stored appropriately.

4.All living areas of the Facility will be well-lighted and ventilated.

5.All areas must be clean and properly maintained at all times.

6.Each residential unit will contain interior space for the children’s leisure, designed and equipped in a manner consistent with program goals.

7.There will be dining areas that allow children, staff and guests to eat together.

8.The Facility will ensure that:

a.Each child has an individual bed equipped with a moisture retardant mattress covering, seasonal bed linens and a pillow. Cots, couches, futons, sofas and roll-a-ways are not considered beds.

b.Every bedroom will have a window with a covering to allow privacy.

c.Each child will have an individual bureau, a hamper for dirty clothing, closet space and a container for storage appropriate for the child’s belongings.

d.Every child will be provided with necessary individual personal hygiene products.

e.No child, upon attaining the age of three (3) years, will share a bedroom with a resident of the opposite sex.

f.No adult may sleep in the same bedroom with a child.

g.When bunk beds are used, the vertical distance between the mattresses will allow each resident to sit up comfortably in bed. The top bunk will be fastened securely to the side frames. No child under the age of six (6) will be allowed to sleep in the top bunk. The Facility cannot require any child to sleep in a bunk bed.

h.Every school age child will be provided with a well-lighted area for studying.

i.All bedrooms and bathrooms must have doors; all bedroom, closet and bathroom doors must unlock from both sides.

j.A minimum of one sink and one bathtub or shower with hot and cold water and one toilet will be provided for every eight (8) children in residence.

9.Lavatories and baths will allow for individual privacy. Bathrooms will be separated by gender for children over the age of three (3).

10.All sinks, showers and bathtubs must be equipped with anti-scald valves.

11.A separate living space will be provided for live-in staff. The Facility will not designate common areas as staff sleeping accommodations.

12.A distinct space must be provided to serve administrative needs.

13.The Facility must have a designated space to allow private discussions and counseling sessions for children with staff and family.

B.General Safety

1.Every Facility will be secured at all times when staff is not present.

2.Locked storage areas must be provided for all potentially harmful or flammable materials and for any dangerous tools or utensils. Only authorized staff will have access to keys for storage.

3.All damaged or obsolete items will be removed promptly and disposed of properly.

4.Each living unit within a Facility will be equipped with land-line telephone service. Emergency telephone numbers, including physician, poison control and health agency, will be posted adjacent to land-line telephones.

5.Firearms and other weapons are prohibited.

6.Smoking and the use of candles and incense is prohibited.

7.A resident may be permitted, with the consent of the resident’s parent or legal guardian and direct staff supervision, to operate small power equipment.

8.Children may swim only in the presence of a certified lifeguard. If a staff member is serving in that role, the staff member may not have any other responsibilities while children are swimming.

C.Radon Safety

1.Providers shall show evidence that the facility 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.

D.Lead Paint Safety

1.There shall not be any peeling or damaged paint or plaster in any area of the residential facility, either interior or exterior.

2.The residential facility 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.

E.Fire Extinguishers and Fire Safety Inspections

1.Each Facility must be equipped with a five (5) pound All Purpose ABC Fire Extinguisher on each floor level, centrally located and mounted on a wall bracket approximately 3 ½ feet from the floor.

a.Each extinguisher must be inspected annually by a licensed company and affixed with a tag listing the inspection company, the inspection date and inspector’s signature.

b.When new fire extinguishers are purchased, a sales receipt must be maintained for inspection by DCYF Licensing.

2.Fire Safety Inspections will be conducted by staff every thirty (30) days to ensure:

a.Fire extinguishers have no evidence of corrosion or physical damage and remain:

(1)Properly located and easily accessible

(2)Marked with legible operating instructions

(3)Sealed with intact tamper indicators

(4)Equipped with a pressure gauge indicator in operable range

(5)Marked with the Fire Inspector’s annual certification

b.All other fire and safety equipment, such as smoke detectors, alarms and emergency lighting, are maintained current at all times.

c.Monthly inspections will be documented in a fire safety log.

3.Each smoke detector system will be inspected at least once per year by the DCYF.

4.The Facility is responsible to maintain compliance with fire safety laws and regulations and is subject to periodic inspections to ensure compliance.

F.Fire, Emergency and Disaster Procedures

1.Each Facility will maintain a written disaster and emergency response plan, developed with the assistance of qualified safety personnel. The plan will address:

a.Mandatory and Emergency Evacuations

b.Disaster planning training for staff

c.Locating and tracking children

d.Protection of records

e.Provision of regular and crisis response services to children

f.Communication with DCYF

2.The emergency and disaster response plan will provide for a minimum of five (5) days food, water, medication, toilet paper, hygiene supplies and sleeping accommodations for all residents and staff.

3.Evacuation procedures will be posted in all common areas and on each level of the Facility. The Facility will provide accommodations and staff training for the evacuation of any disabled children.

4.The Facility will conduct one fire drill per month. All shifts will participate on a rotating basis. The drills must include evacuation of all persons to safe areas.

5.Every Facility will maintain a record of fire drills in its fire safety log.

G.Emergency Medical Procedures

1.Every Facility will have written procedures for staff to follow in case of a medical emergency.

2.Emergency medical procedures will be conspicuously posted at each site.

3.Each Facility will maintain a fully stocked First Aid Kit and Universal Safety Precaution Kit that includes CPR masks and shields.

4.The Facility will record any child’s medical emergencies in the child’s record.

H.Medication for Residents

1.The Facility will maintain written protocols for dispensing over-the- counter (OTC) and prescription (Rx) drugs.

2.Each medication will be properly labeled and stored in a separate container for each child, labeled with the child’s name.

3.The Facility will maintain all medications under double lock (in a locked container stowed in a locked cabinet).

4.The Facility will maintain a sign-off sheet for the transfer of keys to the locked cabinet and container.

5.No prescriptions may be given to any child other than the child for whom it has been prescribed.

6.There will be at least one trained staff person per shift responsible for dispensing medication.

7.The Facility will maintain a medication log, consisting of individual pages for each child. The log will include the child’s name, the name of the prescriber, the name of the Rx or OTC drug, the dose, the date and time dispensed and the name of the staff person who dispensed each dose.

8.The medication log page for each child will conspicuously indicate any allergies.

9.Any medication requiring injection must be administered by a qualified medical practitioner. Subcutaneous medications may be administered by the child if the child has been properly trained. All self-injections are to be monitored by trained staff. If the child is permitted to, but is unable to self-administer a medication, trained staff, in accordance with the facility's written emergency medical procedures (refer to § 4.3.3(G) of this Part Emergency Medical Procedures above) may administer the medication.

10.The Facility will maintain a written procedure for the disposal of expired and discontinued medications. All medical waste will be disposed of pursuant to the universal precautions for infectious disease and control.

I.Transportation

1.All vehicles used to transport children must be registered, covered by insurance meeting the State’s minimum requirements, maintained in good operating condition and have a valid inspection sticker in accordance with State law.

2.Children will be required to use age-appropriate seat restraints in accordance with R.I. Gen. Laws § 31-22-22.

3.Staff transporting children in any specialized vehicles will have the appropriate operator’s license.

4.All vehicles will be equipped with complete First Aid and Spill Kits.

J.Food Services

1.Food preparation and storage areas must be maintained in sanitary condition.

2.Menus, all meeting accepted nutritional standards, will be posted for the residents.

3.The Facility will provide every child with at least three (3) regularly scheduled meals a day and at least one (1) healthy snack, with no more than fourteen (14) hours between breakfast and dinner.

4.No child will be denied food for other than medical reasons. The reason, as recommended by the child’s health care provider, will be noted in the child’s Facility record.

5.No child will be force-fed or otherwise coerced to eat.

4.3.4ADMISSION/INTAKE

A.Each Facility will maintain written referral and admission policies and procedures available to staff, parents, residents and DCYF for review. The protocols will define the roles of each participant in the admission process, identify specific goals and objectives expected for participation in the program and define procedures for determining a child’s eligibility for the program.

B.All of the following issues must be reviewed and discussed with a resident and parent prior to admission:

1.The Statement of Purpose

2.The extent of adult supervision at the Facility

3.The daily routines and expectations of the program

4.Procedures for behavior management and discipline

5.Assessment and evaluation procedures used in treatment planning and service delivery

6.A plan for the provision of services to the child

7.A plan for the provision of services to the family

8.Rules regarding family participation

9.Criteria for discharge

C.The Facility provides a written description of any educational program in which the child is expected to participate.

D.Upon the arrival of a new resident, the Facility will document any known dietary restrictions.

E.The parent will complete all necessary consent forms.

F.The Facility will ascertain and document the child’s allergies and any special medical conditions. The allergies or conditions will be conspicuously noted on the medical portion of the child’s record and communicated to direct care staff.

G.The Facility will have a written description of any religious affiliation and its observance of any religious practice. The policy will be provided to, and discussed with, the child, the parent and DCYF. During the admission process, the program will determine the wishes of the parent and the child regarding religious participation. No Facility may require a child to comply with any religious practices.

4.3.5FACILITY RECORDS AND SERVICE PLANS

A.Facility Case Records

1.A written record for each child will be actively maintained while the child is in placement at the Facility.

2.Each child’s Facility Case Record will be maintained in a uniform format. All of the following information must be included:

a.Child’s name, gender, birthdate and social security number

b.Name, address, telephone number and marital status of the child’s parents

c.Name, address, telephone number and relationship to the child of the person with whom the child was living prior to admission

d.Custody or guardianship status

e.Consent forms signed by the parent or DCYF, as appropriate

f.Date of admission and source of referral

g.All documents associated with the child’s referral

h.Updated inventory of child’s personal belongings

i.Bio-psychosocial assessment consistent with diagnostic formulation under the current edition of the Diagnostic and Statistical Manual (DSM) and identification of medically necessary services to meet needs and problems identified in the diagnostic formulation.

j.This assessment provides the information for a clinical formulation of a DSM diagnosis.

k.This assessment is completed for all children entering residential care or is provided to the program from another competent clinical resource.

l.Individual service plan and records of quarterly reviews.

m.The Individual service plan must address issues of concern identified in the bio-psychosocial assessment and diagnostic formulation.

n.The Individual service plan must be signed by a licensed practitioner of the healing arts, the parent or guardian and the child, if appropriate. Additionally, the DCYF worker must sign the plan or the provider must document that the DCYF worker provided verbal approval.

o.DCYF Service Plan

p.Educational reports and/or description of educational needs including Individual Educational Plans (IEPs)

q.Medical and behavioral health records

r.Copies of any Incident Reports

s.Progress notes documenting activities in support of the goals of the service plan and periodic reviews.

t.Progress notes must be dated and signed by the facility worker and include the length of time spent in the activity with the child and the child’s response to the activity as it relates to one or more of the treatment goals in the child’s individual service plan.

u.Progress notes must be entered for any intervention to assist the child, consistent with the provisions of the child’s individual service plan.

v.Date of and reason for discharge

w.The name, address, and telephone number of the individual and/or agency to whom the child is discharged

x.Discharge summary and aftercare plan

y.A signature form for all persons who review the child’s record

3.The Facility will secure Facility Case Records against loss, tampering and unauthorized use.

4.Each Facility will maintain a register of all children who are referred, admitted and discharged.

5.DCYF, the Office of the Child Advocate (OCA) and any assigned Court Appointed Special Advocate (CASA) will have access to all records of children in care.

6.Case record information may be used for Facility quality assurance and accreditation purposes, provided confidentiality laws are followed.

7.A child’s record will be kept for a minimum of six (6) years after discharge and will be disposed of in a manner that preserves the child’s confidentiality.

B.Facility Service Plans

1.Initial individual service plan

a.The plan is developed with active participation of the family and DCYF worker and identifies and draws upon the strengths of the child and his/her family.

b.Within fifteen (15) calendar days of admission, the Facility will formulate an initial service plan.

c.The initial plan will include the name and title of the person responsible for developing the child’s individual service plan and the names of staff responsible for planning and implementing treatment procedures.

2.Individual service plan

a.Within thirty (30) calendar days of admission, a Facility will review the child’s service needs and strengths in a manner that recognizes and respects the child’s race, ethnicity, culture, sexual orientation and expression. The review must address the following issues:

(1)Health care

(2)Education

(3)Personal/Social development

(4)Family relationships, including strengths of child and family

(5)Pre-vocational and vocational training

(6)Life skills development

(7)Religion and spiritual activity

(8)Recreation

b.On the basis of this review, and consistent with the DCYF Service Plan, the Facility will develop the individual service plan. The plan will address the following:

(1)Attainable goals and objectives which are clearly written in language that the youth and parent understand

(2)Services provided to the child, including activities to be pursued with the child’s family, in order to achieve the stated goals

(3)Identification of all persons responsible for implementation of the various aspects of the plan

(4)Discharge criteria and aftercare services

c.The Facility will conduct quarterly reviews of the plan’s specific goals for the child and the child’s family, where applicable, in order to evaluate progress toward achievement of those objectives and revise the plan accordingly.

d.The program administrator or designee, any direct care staff, clinician, parent and child as appropriate, DCYF social caseworker and any other service provider identified by the DCYF social caseworker will participate in the development of the individual service plan and in the subsequent quarterly reviews.

e.Every Facility will provide opportunities for the parent to participate in the treatment planning process unless such participation is contraindicated.

f.The Facility will explain the individual service plan and any subsequent revisions to the child and the child’s parent.

C.Discharge, Transition and Aftercare Planning

1.Prior to the planned discharge of a child, the Facility will formulate an aftercare service plan with DCYF that specifies the support system and resources that will be provided to the child.

2.A Facility will complete a written discharge summary within fifteen (15) calendar days of the child’s discharge date. Copies of the discharge summary will be included in the child’s case record and sent to the DCYF worker.

3.When the discharge occurs in accordance with the child’s Facility and DCYF Service Plans, the discharge summary will include:

a.An explanation of services provided during care

b.Progress in achieving the goals stated in the individual service plan and DCYF Service Plan

c.The aftercare service plan

d.Medical records

e.Educational reports, clinical reports and all other pertinent data

4.When a discharge is not in accordance with the individual service plan, the following items will be added to the summary:

a.Circumstances leading to the unplanned discharge

b.Recommendations for services

5.At discharge all medications and prescriptions must accompany the child.

4.3.6PROGRAM REQUIREMENTS

A.Every Facility will comply with the Children’s Bill of Rights (R.I. Gen. Laws § 42-72-15).

B.Confidentiality

1.The Facility will have written confidentiality policies and procedures, in accordance with Federal and State law and DCYF policy, which will be provided to all staff.

2.The policies will ensure the confidentiality of clients, their families and any written and electronic records pertaining to the client. The confidentiality policies and procedures must include explicit protection against disclosure of a person’s race, color, national origin, sex, gender identity or expression, sexual orientation, religious belief, political belief or handicap or any personal information that the family or child specifies should be maintained in a confidential manner.

3.There will be no written, verbal or electronic communication regarding confidential matters unless necessary to ensure safety and treatment.

4.Nothing herein prohibits any disclosure of a child’s behavior or beliefs for safety and treatment purposes.

5.Written consent will be obtained prior to using any videotape or picture of a child or his family for any form of publicity, media or use external to the Facility.

C.Family Participation

1.The Facility will incorporate family centered practice in the treatment of residents and will involve parents/family in that treatment to the greatest extent possible given the particular child’s individual service plan.

2.The Facility will maintain a written policy defining opportunities for family involvement.

3.The Facility will make all of the following information available to parent:

a.Specific treatment strategies employed by the program

b.Visiting hours, activities and rules for communicating with the child

c.Procedures to register complaints about the child’s care

d.Name and telephone number of a Facility contact person

D.Medical Care

1.A Facility must arrange for each child to receive timely and competent medical, vision and dental care with annual examinations and any follow- up treatment.

2.A Facility must arrange for the child to receive a physical examination by a licensed practitioner within fifteen (15) business days of admission unless the Facility has access to the results of an examination conducted within one (1) year prior to admission.

3.A Facility must arrange for each child to receive dental and vision examinations within sixty (60) business days of admission unless the Facility has access to results of these examinations conducted within six months prior to admission.

4.The medical section of the child’s Facility Case Record will include a listing of all medical visits, including:

a.Reason for the visit

b.Name of the health care provider

c.Results and recommendations of the medical exam

d.Any medication, noting dosage and reason prescribed

5.In the event a child requires any corrective device, such as a hearing aid or prosthetic, the Facility will ensure that the child receives training on proper use and maintenance of the device. The device will become the child’s personal property.

6.Upon discharge, the Facility will provide a copy or summary of the child’s health record to the person or agency responsible for the future planning and care of the child.

E.Education

1.The Facility will arrange for residents to attend appropriate educational programs in accordance with State and Federal law.

2.No Facility will operate an educational program without the written approval of the Rhode Island Department of Education (RIDE).

3.The Facility will provide residents with appropriate space and supervision for quiet study and access to necessary reference materials.

4.The Facility will provide for vocational education and/or life skills training and services as appropriate to the child’s age and abilities.

F.Visitation and Outside Contacts

1.All contact and communication between a child and any third party will be conducted in accordance with the DCYF Service Plan.

2.The Facility will establish rules regarding telephone use. Residents should be allowed to communicate with family and significant others.

3.Reasonable privacy will be provided for visits and telephone conversations.

4.The Facility will maintain written procedures for all visits conducted off site.

a.The following information will be recorded for off site visits:

(1)The child’s location and planned duration of the visit

(2)The name, address and telephone number of the person responsible for the child during the visit

(3)Identity, verified through Photo ID, of the person transporting the child

(4)The time of the child’s return

b.The Facility will provide a sufficient supply of any medication required during the visit.

5.Residents are permitted to receive and send mail.

6.If the Facility perceives a need to limit the child’s visitation or communication in any manner, Facility staff will:

a.Consult with DCYF to determine if the limit is appropriate.

b.Inform the child of the reason for the limitation or termination of the child’s ability to communicate with specified individuals.

c.Document the decision in the child’s case record.

d.Review the decision at least every three (3) months.

7.DCYF, the OCA and any assigned CASA or CASA volunteer will be allowed contact with the child.

G.Employment and Money

1.When age and circumstances permit, the Facility will allow children to control their money.

2.Money earned or received by a child is the child’s personal property.

3.The Facility will limit the amount of money in a child’s possession consistent with the child’s best interest.

a.When the Facility retains money for the child, the amount must be documented and the money maintained separately.

b.When a child has regular employment income, the Facility will assist the youth to open and maintain a savings account.

c.The Facility will inform the DCYF caseworker of any money held by the Facility or any bank account and will monitor the child’s expenditures, as well as withdrawals and deposits to any bank account.

4.A Facility may not require children to perform work without adequate compensation. This does not prohibit the Facility from expecting youth to participate in chores and other aspects of daily living.

5.The Facility will ensure that any child who is not involved in an educational or vocational program is gainfully employed.

6.The Facility will encourage age-appropriate, gainful employment for a youth in accordance with the youth’s individual service plan.

7.A child will not be required to assume expense for, or contribute to, the child’s care unless indicated in the DCYF Service Plan.

8.Reasonable sums may be deducted from a child’s allowance or earnings within the Facility as restitution for damages caused by the child. Restitution will be based on the child’s ability to pay.

H.Recreation

1.Each Facility will provide regular, diverse recreational activities.

2.The Facility will develop activities for individuals, small and large groups, as necessary, to ensure that the recreational activities accommodate all age levels and functional abilities to allow all children an opportunity to participate.

3.The Facility will encourage each child to participate in school and community activities as appropriate to the residential setting and the child’s treatment plan.

4.The Facility will permit and encourage outdoor exercise.

5.The Facility will maintain a posted schedule of activities in a common area.

I.Clothing and Personal Belongings

1.The Facility will ensure that each child has adequate, clean, well-fitting and seasonable clothing and ensure that the clothing is identified as belonging to that child.

2.The child’s clothing may not be shared and the child will be permitted to take all clothing at discharge.

3.All clothing and personal belongings, including newly acquired items, will be included in an inventory list in the child’s record.

4.In the event of a child’s unplanned discharge, the Facility will make reasonable provisions to protect the child’s property.

J.Personal Care and Hygiene

1.Each Facility will develop and maintain a schedule for appropriate hygiene and hygiene instruction for residents who lack such skills.

2.The Facility will provide each child with necessary personal hygiene articles appropriate to the child’s age, gender and culture.

K.Search

1.Each Facility must develop a written search policy that it distributes and explains to the child, the parent and DCYF.

2.The policy should identify individuals who can authorize a search, items constituting contraband and guidelines for conducting a search.

3.Searches of a child’s room or personal belongings may be conducted only when reasonable grounds exist to believe the search will yield evidence that the child has violated the law or legitimate rules of the program.

4.Random or routine searches are prohibited unless specifically outlined in the child’s individual service plan (refer to § 4.3.5(A)(2)(j) of this Part Facility Case Records) to ensure the health and safety of the child.

5.The child will be present for the search of that child’s room or belongings, except in the case of an emergency or unauthorized absence and direct care staff will maintain the privacy of the youth with respect to other residents.

6.Direct care staff will provide every child suspected of possessing contraband an opportunity to relinquish it voluntarily.

7.Any contraband seized during a search must be documented in the child’s record.

8.Direct care staff will return any permitted items to the child upon completion of the search.

9.Pat searches will be used only if reasonable grounds exist to believe that the search of that resident will reveal evidence that the youth has violated or is violating the law or the rules of the program.

10.The pat search procedure will consist of a requirement that the resident empty all pockets and/or personal carrying cases, including wallets, and remove shoes for the purpose of subjecting these items to a search or a requirement that a resident submit to a procedure whereby staff person runs hands along the outer body, clothing, inseams and/or hair of the child.

11.A second direct care staff must be present for any search of a child’s room or personal belongings or for any pat search.

12.Strip searches are prohibited.

L.Behavior Management, Safety and Crisis Intervention, Restraint and Seclusion

1.The Facility must have written behavior management policies and procedures, which are subject to DCYF approval, that promote residents’ optimal functioning in a safe and therapeutic manner. The Facility must:

a.Regularly review and modify the policies, as appropriate.

b.Explain the policies to each resident, parent, facility and placing agency staff.

c.Address issues such as room and privilege restrictions.

d.Use state-of-the-art prevention and intervention methods that focus on avoiding the use of restraint or seclusion.

e.Require all staff who are responsible for restraint to review and demonstrate understanding of policies and procedures that address the use of crisis intervention, restraint and seclusion.

(1)The staff supervisor will document the review and include it in each staff’s personnel file. The review and documentation will occur within thirty (30) days of hire and annually thereafter.

(2)These policies must address monitoring, documenting, reporting and internal review of all instances of restraint and seclusion.

(3)These policies must address trainer certification, staff training, alternative intervention strategies, de-escalation techniques, internal and external reporting requirements, informed parental consent and data collection.

2.The Facility is prohibited from administering corporal punishment and any punishment that is cruel, humiliating, unusual or unnecessary.

a.No aversive techniques or activities that result in pain may be used.

b.No basic services, reasonable visitation or communication privileges may be withheld.

c.A child’s personal property may not be destroyed or unreasonably withheld.

3.The Facility may use time out, for a period not to exceed 20 minutes, to prevent crises and for behavior management, provided that:

a.Staff is able to visually monitor the child throughout the time out. Visually monitoring means that the staff actually see the child at least every 5 minutes.

b.The child must be within speaking distance of a staff person. The permissible distance depends on the child’s age, developmental level and potential for stimuli from others.

c.A room utilized for time out must be neat, clean, well lit, comfortably furnished and appropriately ventilated. The door to any room utilized for time out must be opened for the duration. Time out rooms are never utilized for children under the age of 6.

d.Time out is documented in the program’s records including:

(1)Date and time that the time out began and ended;

(2)The location of the child during the time out; and

(3)Any significant events during the time out.

4.The Facility is required to select one (1) approved nationally recognized model of crisis intervention and restraint from the Department’s approved listing and inform the Department of its selection as part of the licensing process.

a.Staff must be trained in the selected model and will only employ restraint techniques taught in that model.

b.Parent Agencies that operate more than one Facility may identify a different model for each Facility.

c.The Department will only approve a model with the following attributes:

(1)A clearly written curriculum that has been approved by a multidisciplinary group of professionals and focuses on prevention and de-escalation of crises

(2)Procedures for teaching safe and effective implementation of restraint

(3)Individuals certified as trainers are recertified at least once every three (3) years

(4)Developed by an organization that evaluates and modifies the curriculum in order to ensure the application of state-of-the-art de-escalation and restraint techniques

d.The Department will make available a list of approved models no later than January 1 of each calendar year.

(1)The Parent Agency and/or Facility may submit to the Department a written request for a model to be added to this list.

(2)The Department retains the right to add or remove models at any time.

e.The Facility will ensure that all training in crisis intervention and restraint for staff is provided by an individual who is recognized as a certified trainer by the organization that developed the model. The Facility will further ensure the following:

(1)The trainer has been certified or recertified as a trainer in the most current version of the model within the past three (3) years.

(2)The trainer completes one (1) training in this model annually.

(3)The Facility will maintain documentation regarding the certification status of each trainer.

f.The Department will not recognize the adaptation or modification of any model without the written approval of the organization that developed the model.

g.The Parent Agency and/or Facility will report to the Department any changes made to its selected model by the organization that developed the model. This notification will take place within thirty (30) days of the receipt of the changes by the Parent Agency and/or Facility.

5.Crisis Intervention and Restraint Training and Supervision for Staff Responsible for Restraint

a.New Staff Training

(1)Each Facility will require that staff, including relief staff, successfully complete the training prior to being solely responsible for any child or participating in any restraint. Staff will have the opportunity to complete such training within thirty (30) days of hire.

(2)New Staff will complete a minimum of sixteen (16) hours of training in the Facility’s approved model or the number of hours prescribed by the model, if greater.

(3)The trainer will document in the staff’s personnel file that the individual has successfully completed the training and can competently implement all aspects of the model.

(4)In the event a Facility has a resident with any special medical condition, staff will complete training in proper application of the restraint model.

b.Annual Training

(1)Each Facility and/or Parent Agency will require that staff annually receive a minimum of eight (8) hours review training in the Facility’s selected model or the number of review hours prescribed by the model, if greater.

(2)The trainer will document in the staff’s personnel file that the individual has successfully completed the training and can competently implement all of its aspects.

(3)In the event a staff person fails to participate in or successfully complete the annual training, that individual may not participate in any restraint.

c.Each Facility and/or Parent Agency will routinely address the use of crisis intervention and restraint in individual or group supervision with staff. The supervision will focus on analyzing individual interventions as well as patterns of intervention to identify ways to increase the effective use of prevention methods in order to reduce the use of restraint.

d.Each Facility and/or Parent Agency will conduct annual evaluations of each staff’s use of crisis intervention and restraint and the results will be documented in the staff’s personnel file.

e.If the Facility is authorized to use mechanical or chemical restraint or seclusion, the staff must be trained in preventive methods, alternative interventions, the use of the authorized technique and the potential medical complications associated with its use. Evidence of certified training, with annual renewals and evaluations, will be maintained in the personnel files of staff.

6.General Principles for Therapeutic Physical, Mechanical and Chemical Restraint and Seclusion

a.Physical, mechanical and chemical restraint and seclusion may not be implemented as a means of coercion, discipline, convenience or retaliation. The techniques may not be used as a sanction for non-compliance with a program rule, staff directive or as a substitute for direct care.

b.Physical, mechanical and chemical restraint and seclusion may only be instituted in the following circumstances:

(1)In an emergency when a child appears to be at immediate or imminent risk of physically harming self or others; and

(2)Less restrictive interventions have not succeeded in de- escalating the child’s behavior.

c.Pursuant to R.I. Gen. Laws § 42-72.9-4, no life-threatening restraint may be utilized.

d.In accordance with R.I. Gen. Laws § 42-72.9-4, restraints cannot be written as a standing order or on an “as needed” (PRN) basis.

e.The physical condition of a child will be assessed throughout the duration of any restraint or seclusion. The assessment will not be conducted by any staff person who is involved in the restraint or seclusion unless it is not practicable for another staff person to perform this duty.

f.The Facility and/or Parent Agency will require a supervisory or senior staff person with training in crisis intervention, restraint and seclusion to assess the mental and physical well-being of the child and to assure that the action is being conducted safely and in accordance with the Facility’s policies and procedures. This monitoring will occur as soon as practicable, but in no case later than one (1) hour following the initiation of the restraint/seclusion, and will continue with face-to-face assessments conducted at least every fifteen (15) minutes during the restraint or seclusion.

g.The Facility must provide all children directly and indirectly involved in a restraint or seclusion the opportunity to debrief the incident as soon as practical and no later than twenty-four (24) hours following the incident.

h.The use of restraint, seclusion or time out must not hinder the evacuation of a resident in case of a fire or other Facility emergency.

i.In compliance with R.I. Gen. Laws § 42-72.9-4, except in the case of an emergency, any use of restraint on a child in the school program of a Facility must be in accordance with the child’s Individual Educational Plan (IEP).

j.It is the responsibility of the Program Manager of the Facility to ensure the following:

(1)Involved staff members document that the restraint occurred and that less restrictive interventions were attempted to de-escalate the child’s behavior with limited or no success in maintaining safety.

(2)Any restraint or seclusion was terminated at the earliest possible time the child could commit to safety and no longer poses a threat to self or others.

(3)Documentation by staff and supervisory review of the documentation must occur within forty-eight (48) hours of the incident.

7.Mechanical Restraint

a.The use of mechanical restraint is considered a more restrictive intervention than use of physical restraint.

b.The use of mechanical restraint, as authorized by R.I. Gen. Laws § 42-72.9- 4, is limited to those Facilities that have received the Department’s prior written approval. The Facility must develop and follow policies and procedures regarding the use of mechanical restraint and submit the information to the Department for review and approval.

c.The circumstances and conditions for the use of mechanical restraint must be identified in the child’s treatment plan.

d.The Department reserves the right to deny and/or withdraw any Facility’s authorization for use of mechanical restraint.

e.Only those devices specifically designed for restraint during medical procedures may be employed. Handcuffs and leg irons are prohibited.

f.Mechanical Restraint may only be instituted in the following circumstances:

(1)The use of mechanical restraint is ordered in writing by a physician and is administered in accordance with the standards adopted by the Joint Commission on Accreditation of Healthcare Organizations (JCAHO) by a certified staff person.

(2)When a mechanical restraint is implemented, the Facility and/or Parent Agency must have a face-to-face assessment of the child conducted by a licensed practitioner within one (1) hour of the implementation.

g.Nothing in these regulations is intended to limit the use of mechanical restraint for medical or dental procedures associated with acute medical or surgical care or with standard medical practices that include limitation of mobility or temporary immobilization including post-procedure care.

8.Chemical Restraint

a.The use of chemical restraint, as authorized by R.I. Gen. Laws § 42-72.9-4 and the Federal Children’s Health Act of 2000, is limited to those Facilities that have received the Department’s prior written approval. The Facility must develop and follow policies and procedures regarding the use of chemical restraint and submit the information to the Department for review and approval.

b.The circumstances and conditions for use of chemical restraint must be identified in the child’s treatment plan.

c.The Department reserves the right to deny and/or withdraw any Facility’s authorization for use of chemical restraint.

d.Chemical restraint may only be instituted in the following circumstances:

(1)The use of chemical restraint has been ordered in writing by a physician and is administered in accordance with the standards adopted by JCAHO.

(2)The person administering and monitoring the use of the chemical restraint is an appropriately licensed practitioner who is trained in the administration of such medication.

(3)Chemical restraint was terminated at the earliest possible time the child could commit to safety and no longer posed a threat to self or others.

e.It is not considered to be chemical restraint when it is clinically appropriate to adjust a child’s medication regimen to assist in controlling behaviors and all the following apply:

(1)The medication is a standard treatment for the child’s medical or psychiatric condition and is part of the child’s medical treatment as ordered by a physician.

(2)The medication is not administered during a physical or mechanical restraint episode.

(3)The medication is administered to the child voluntarily, without coercion and/or the threat of any negative consequences.

(4)The Facility must have developed and implemented protocols to ensure that the resident’s physical condition is being monitored by appropriately trained staff for a period of time as clinically indicated per local standards of care and the patient receives medical follow up.

(5)The Facility must provide written notice with supporting documentation to the DCYF program monitor, the social caseworker and, where appropriate, the parents within twenty-four (24) hours of the use of such medication during a crisis situation.

(6)The Facility must document each use of medication as required by these regulations and as required by specific program contracts. Documentation must include the consideration given at the time of administration as to the risks, benefits and alternatives for such medication use.

9.Seclusion

a.In accordance with R.I. Gen. Laws § 42-72.9-5, mechanical or chemical restraint and seclusion and may not be used simultaneously.

b.The use of seclusion as authorized by R.I. Gen. Laws § 42-72.9-5 is limited to those Facilities that have received the Department’s prior written approval. In order to obtain that approval, a Facility must develop and follow policies and procedures regarding the use of seclusion and submit the information to the Department for review and approval.

c.The circumstances and conditions for the use of seclusion must be identified in the child’s treatment plan.

d.The Department reserves the right to deny and/or withdraw any Facility’s authorization for use of seclusion at any time.

e.A room used for seclusion will have the following attributes:

(1)Constructed of safe, non-porous material with give that can be easily cleaned

(2)Unlocked or magnetic lock doors

(3)Good lighting with protected light fixtures

(4)Good ventilation

(5)A minimum fifty (50) square foot area

(6)Observation window(s) made of non-breakable material that allow a direct view of the child at all times

f.Nothing in this section will be construed to limit the use of “time out” as defined elsewhere in these regulations and R.I. Gen. Laws § 42-72.9-3.

10.Documentation and Reporting Physical, Mechanical and Chemical Restraint and Seclusion

a.In accordance with R.I. Gen. Laws § 42-72.9-6, every Facility will use the Form #203, Physical, Mechanical, and Chemical Restraint and Seclusion Report to document any such incident. These reports will be maintained in a weekly log available for inspection by DCYF.

b.Each Facility will document any use of physical, mechanical or chemical restraint or seclusion that results in serious physical injury or death to child on a Form #203 that is immediately transmitted to the Office of the DCYF Director and, during non- standard business hours (weekends, holidays and 4 PM - 8:30 AM weekdays), to the DCYF Child Protective Services Hotline.

c.The Form #203 will be completed as soon as practicable by the staff person most involved in the incident. The Form #203 must be completed no later than the end of the shift in which the incident occurred.

d.The incident must be documented in the child’s case record either with a progress note or a copy of the Form #203.

11.Annual Compilation of Physical, Mechanical and Chemical Restraint and Seclusion Data and Quality Assurance

a.No later than the first (1st) Monday of February of each year, each Facility will report to the Director of the Department a compilation of the incidents of restraint and seclusion within that program during the previous calendar year.

b.The annual report will include the following information for the reporting year:

(1)Number of children served by the Facility

(2)Number of children restrained or secluded

(3)Statistics regarding gender, race and age of the involved children

(4)Average duration of each category of restraint and seclusion

(5)Number of mechanical restraints, grouped according to the type of mechanical device used

(6)Number of incidents of chemical restraint, grouped according to medication administered

(7)Number of incidents of seclusion

(8)Description of how this data was used to identify trends with staff and residents, both individually and in groups, in order to reduce the need for such interventions

c.Pursuant to R.I. Gen. Laws § 42-72.9-6, annual reports constitute a public record; therefore, a Facility will not include any identifying information regarding specific children or staff.

d.The program manager for the Facility and the chief executive of the Parent Agency will sign the Annual Report prior to its submission to the Department.

e.The Facility will develop methods to monitor and internally review incidents of restraint and seclusion and identify patterns and practices of residents and staff in order to improve practice.

f.The Director of the Department reserves the right to establish a committee, which will include family and community representation, to review the use of restraint and seclusion and make recommendations to the Director regarding any changes to Department regulations or Facility policies or practices.

M.Grievance Procedure

1.The Facility will have a clear, written grievance procedure for children that explains the method of registering complaints and the protocol for resolving them.

2.Each child will receive a written copy of the grievance procedure and this procedure will be explained in language that the child understands.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2013-01-22 to 01/04/2022
• Technical Revision — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2013-01-22 to 01/22/2013
• Amendment — effective from 2011-10-20 to 01/22/2013
• Amendment — effective from 2010-06-07 to 10/20/2011
• Periodic Refile — effective from 2002-01-02 to 06/07/2010
• Periodic Refile — effective from 2002-01-02 to 06/07/2010

214-RICR-40-00-5 Child Placing Regulations

214-RICR-40-00-5 § 5.1 GENERAL PROVISIONS

5.1.1Legal Basis

A.These regulations for the licensing of child placing agencies are promulgated pursuant to the Licensing Act for the Placement and Care of Children.

B.As defined in the Act, a "child placing agency" shall mean "any private or public agency which receives children for placement into independent living arrangements, supervised apartment living, residential group care facilities, family foster homes or adoptive homes."

5.1.2Philosophy

A.By its enabling legislation, the Rhode Island Department of Children, Youth and Families is "designated as the single authority to establish and provide a diversified and comprehensive program of services for the social well-being and development of children and their families."

B.Further, the Department is required to set standards for social services and facilities for children, and by statute to establish regulations for the licensing of child placing agencies.

C.Child placing agencies assist the Department in the implementation of its child care responsibilities. They thereby share in the duty to protect and safeguard the well-being and development of the children in their care, and, through a variety of placement options offering diversified care and treatment programs, to assist the child in finding a permanent, loving home. The primary goal of a child placing agency shall be to maintain and strengthen family integrity. Every effort shall be made to prevent the removal of a child from his/her own home.

D.These regulations are written to assist the child placing agency in carrying out these responsibilities to the benefit of the children and families they serve. The regulations are to be interpreted in the best interest of the child.

5.1.3Definitions

A.For purposes of these regulations, the following terms are defined:

1.“Act” means the Licensing Act for the Placement and Care of Children.

2."Administrator" means the director of the licensing unit, or his/her designee.

3."Agency" means a child placing agency.

4.“Alternative treatment program” means any community-based, non-residential program which provides care or treatment such as psychological services, recreational or educational services to an emotionally disturbed child in his/her own home.

5.“Applicant” means a child placing agency which has applied for a license to operate.

6.“Bedroom space” means the space in which a child sleeps.

7.“Case plan” means the comprehensive, goal-oriented, time-limited, individualized program of action for a child and his/her family, developed by the agency in cooperation with the family, whenever possible.

8."Case record” means the unified, comprehensive collection of information concerning a child.

9.“Certify” means:

a.the process by which a foster care home, having demonstrated compliance with the Child Care regulations to a licensed child placing agency, is recommended to the Department for licensing;

b.the process of approving a foster care placement in a relative foster home; or

c.the process by which a family day care home is approved to operate.

10.“Chemical restraint” means the use of psychotropic agents as a means of controlling behavior.

11.“Child” and “Children” shall be used interchangeably herein to mean one or more children as defined in the Act.

12.“Child abuse or neglect” means the improper treatment of a child, as defined by law.

13.“Child day care center” means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from his parent or guardian for any part of a twenty-four (24) hour day, irrespective of compensation or reward. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of education.

14.“Comprehensive emergency services program” means a program of counseling and supportive services available to families and children within a given community where a child within a family has been designated as a victim or potential victim of physical or emotional abuse or neglect. These programs also have the capability to place children in licensed foster homes.

15.“Day treatment program” means any non-residential specialized program of care or treatment for emotionally disturbed children.

16.“Department” means the Rhode Island Department of Children, Youth and Families.

17.“Discipline policy” means written policies and procedures governing conduct, which prescribe consequences for violation of rules and positive responses to appropriate behavior.

18.“Emergency placement” means the placing of a child outside his/her natural home as the result of an unexpected occurrence which demands immediate attention.

19.“Facility” means the physical environment used by a program.

20.“Family day care home” means any home other than a child's natural, relative or adoptive home in which child day care in lieu of parental care or supervision is offered at the same time to four (4) or more children who are not related to the care giver.

21.“Foster parent” means a person or married couple who receives into his/her home for care or treatment one or more children unrelated to the care giver by blood, marriage or adoption and who receives compensation for child care costs.

22.“Governing body” means the association of persons who have the ultimate responsibility for conducting the affairs of a child care program or child placing agency.

23.“Group Home I” means a specialized facility for child care or treatment in a dwelling or apartment owned, rented or leased by a public or private child placing agency, an independent operator or private or public organization which receives not more than eight (8) children for twenty-four (24) care.

24.“Group Home II” means the same as a group home I (above), excepting that the number of children in care may not exceed twelve (12).

25.“Household” means those adults and children, if any, who reside regularly with the foster parent.

26.“Independent living program” means the placement of a child in his/her own residence under the regular supervision of a licensed child care program.

27.“Independent placement” means the direct arrangement between a parent or relative and a non-related foster family home or licensed family day care or respite care home.

28.“In home services program” means a program which provides care or treatment to a child in his/her natural or adoptive home.

29.“Isolation” means the confinement of a child in an unlocked room when there is no staff member physically present in the room.

30.“Licensing agency” means the Department.

31.“Licensing study” means the examination of compliance with the licensing regulations by the agency for the purpose of issuing or denying a license to operate.

32.“Living unit” means an integral living space used by a particular group of children for eating and sleeping.

33.“Mechanical restraint” means the restriction by mechanical means of a child's mobility or ability to use his/her hands, arms, or legs.

34.“On-grounds educational program” means a program of educational services approved by the State Department of Education and operated by the program.

35.“Parent” means the natural or adoptive mother or father, and shall be construed to mean both parents of a child when applicable.

36.“Passive physical restraint” means the least amount of direct physical contact required on the part of a staff member to prevent a child from harming him/her self or others, or to prevent destruction of property by a child.

37.“Program” means a child care program.

38.“Psychotropic medication” means a drug or substance which controls behavior.

39.“Re-placement” means the moving of a child from one foster home to another.

40.“Research” means the use of a child physically, emotionally or psychologically for purposes of investigation or experimentation of scientific data.

41.“Residential group care program” means any program serving thirteen (13) or more children, which provides 24 hour care, including room and board, recreational programs, social services, and may include educational or psychological services.

42.“Residential treatment program” means a program which provides on a 24 hour basis, care or treatment for emotionally disturbed children whose needs exceed the normal limits of care. Treatment can include, but is not limited to: psychiatric services, clinical social work, psychological services, special education, medical and consultative services.

43.“Respite care” means a program which provides full time care for a child for the purpose of temporary relief for the caretaker of child care responsibilities.

44.“Restraint” means the physical restriction of a child's freedom or freedom of movement.

45.“Secure care” means any program of residential care which employs locked doors or any other physical means to prevent a child from leaving the facility.

46.“Service plan” means a comprehensive, time - limited, goal oriented, individualized plan for the care, treatment and education of a child, developed and implemented by a child care program that has the child in its care. This plan shall be based upon and in conformity with the child's case plan.

47.“Shelter care program” means any program which provides temporary care in a group home or institution for a period not exceeding ninety (90) days.

48.“Social service supervisor” means the person who supervises the work of social service workers.

49.“Social service worker” means a staff member of a child placing agency who works directly with children, their families, and other relevant individuals, and who is primarily responsible for the development, implementation, and review of case plans for the child and family; or who studies and certifies private family homes for licensure and supervises those homes; or who studies private family homes for adoptive placements.

50.“Staff” means all persons, individually or collectively who provide services within the program; including all employees, volunteers, student interns, and consulting professionals; or a person who is under contract to the agency to provide specific services.

51.“Supervised apartment living program” means a Program which places adolescents, apart from their parent or guardian, in apartments with other adolescents and provides routine supervision by a social service worker.

52.“Terms of the license” means those functions which are noted on the agency's license.

53.“Time-out procedure” means the isolation of a child in an unlocked room.

54.“Treatment modality” means a consistent program of services designed to meet special needs of children served by the program over and above the provision of basic care.

55.“Wilderness program” means a program designed to teach interpersonal and survival skills to a child in a wilderness setting.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5 . 2 THE LICENSING PROCESS

A.Licensing Process

1.The Administrator of Licensing may allow a variance to a rule upon the submission of written request and documentation, providing that the variance in no way jeopardizes the health, safety and well-being of the child(ren) in care.

2.An agency shall not operate unless it is licensed by the Department.

3.An applicant for a license shall be an individual or a corporation.

4.An applicant for a license shall:

a.maintain an office and operational program within the state;

b.submit a completed application form to the Department;

c.submit a description of the geographical area to be served by the agency, and an explanation of the specific services it provides or proposes to provide;

d.submit to and assist in completing an inspection of all aspects of the agency and its programs by the Department; and

e.provide evidence of substantial compliance with the regulations contained herein throughout the term of the license, as determined by the Department; OR

(1)submit satisfactory evidence that it meets the current standards of a national accrediting organization approved by the Department; and

(2)at the Administrator's request, provide the following additional written documentation, including, but not limited to:

(AA)the philosophy of the agency

(BB)clientele to be served

(CC)services offered

(DD)programmatic descriptions

(EE)a listing of personnel and job duties

B.Licensing Limitations

1.An agency license permits the agency to receive children for care, to assess the social needs of children and their families to determine the appropriate treatment and placement of children, and to supervise out-of-home placements for children.

2.A license is valid from the date of issue and expires one (1) year from the date of issuance, unless otherwise specified; or unless revoked or otherwise invalidated by the Department; or voluntarily surrendered by the agency. A grace period can extend the term of a license by ninety (90) days pending reevaluation.

3.An agency may be issued a provisional license for a period not to exceed six (6) months for a program, not previously licensed.

4.An agency may be issued a conditional license which places specific restrictions on the license.

5.An agency may be issued a probationary license which sets forth the terms of remediation and which shall not exceed a period of twelve (12) months.

6.The license may include a provision to certify foster homes.

7.The license may include a provision to place children in approved adoptive homes.

8.An agency shall not operate a child care program without obtaining an appropriate child care license.

C.Evidence of Ability to Comply with these Regulations

1.An agency, as an applicant or as a licensee, its corporation board members, its officers, agents and employees shall demonstrate an ability to offer placement or adoption services in substantial compliance with these regulations. Ascertainment of substantial compliance with these regulations shall include but is not limited to the following:

a.the status of any out-of-state child caring or placing licenses held by the agency;

b.the status of any other application by the agency for child placing licenses;

c.the status and nature of any administrative, civil or criminal action ever brought with respect to the provisions of child placing services by the agency, its officers, agents or employees;

d.the status and nature of any state or federal agency's investigation of the agency, its officers, agents, or employees with respect to the provision of child placing services;

e.the status and nature of any written communications expressing satisfaction or dissatisfaction with the agency as an applicant or as a licensee in its provision of child placing services;

f.whether an agency, its officers, agents or employees:

(1)are under indictment or have been convicted of any offense listed in 214-RICR-10-00-1§ 1.8; or

(2)have been fined or are subject to any agreement resulting from any administrative or civil action pertaining to their professional care of children; or

(3)have been denied or have had a license revoked pertaining to the professional care of children.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.3 ADMINISTRATION AND ORGANIZATION

A.Governing Body

1.An agency shall be operated by an individual or a corporation.

2.An agency shall have a governing body which is responsible for its continual compliance with licensing requirements and conformity with the provisions of its charter.

3.The names of any and all members of the governing body shall be supplied to the licensing agency.

4.An agency shall apply for and maintain licenses for any child care program it operates.

B.Statement of Purpose

1.The agency shall have and conform to a written statement of its child placing philosophy, purpose and program.

2.The statement shall contain:

a.types of children to be placed, and eligibility requirements for placement;

b.description of all services the agency provides to the child and family before, during and after placement; and

c.the methods of service delivery.

3.This statement shall be made available upon request.

C.Organizational Table

1.The agency shall maintain a current organizational table which accurately reflects the structure of authority, responsibility and accountability within the program.

D.Operations

1.The licensee shall

a.meet with the licensing authority upon request;

b.contact the Department prior to the establishment of a new agency or the changing of a licensed program;

c.make such reports to the Department as may be required to demonstrate that the requirements for licensure are met;

d.provide written notification within thirty (30) days to the Department of changes in administrative and professional personnel, program direction, and admissions criteria; and

e.notify the licensing authority and the child's parent(s) or guardian(s) immediately in the event of the death of a child in its care.

2.The licensee shall provide a safe and suitable office facility, including space for privacy and a reasonable degree of comfort for the convenience of clients.

3.The agency shall make available to all employees a written code of ethics that prohibits employees from using their official position to secure privileges for themselves or others and from engaging in activities that constitute a conflict of interest.

E.Protection of Privacy

1.The privacy of the child and his/her family shall be protected.

2.The identity of a child used in any form of publicity shall be given only if a positive value accrues to the child.

3.The written consent of a parent or guardian, and the child, where applicable, shall be obtained prior to using a child or picture of a child in any form of publicity.

F.Research

1.An agency shall not use any child in any research without submitting a description of the proposed research and its purpose to the Department, and receiving the approval of the Department for such research.

2.Statistical research is permitted, provided that a child's identity is masked through all phases of research.

3.An agency shall establish a human rights committee to monitor and approve any research, if required by the Department.

G.Fundraising

1.Children shall not participate in fundraising activities without the express written prior permission of the Department.

H.Finances

1.Fees

a.The agency, if it charges fees, shall have a written policy on fees and a rate chart explaining fees.

b.The policy shall describe the relationship between fees and costs of services provided and the conditions under which fees are charged or waived.

2.Accountability

a.The licensee shall develop and implement a plan of financing necessary for the operation of the agency in carrying out its programs, assuring proper care for children; and

b.The licensee shall obtain an independent audit of all its financial accounts. Non-governmental agency audits shall be conducted annually by an independent certified public accountant who is not administratively related to the agency. Agencies operated by governmental units shall have audits conducted as required by statute.

I.Children's Records

1.A confidential record shall be maintained for each individual child placed or served by the agency.

2.A child's records shall be secure against loss, tampering and unauthorized use.

3.An agency shall ensure that its staff is aware of the need for protection of confidential information, whether written or oral.

4.An agency shall have a written policy regarding the release of information from the case record to the child, parent, guardian and their respective legal counsels.

5.An agency shall maintain a written record for each child, with uniform content and format and including but not limited to the following:

a.the name, sex, birth date and birthplace of the child;

b.the name, address, telephone number and marital status of the child's parent or guardian;

c.the name, address, telephone number, and relationship to the child of the person with whom the child was living prior to admission, when the child was not living with his/her parent;

d.source of referral, referral documents, and placement date, as appropriate;

e.current custody and legal guardianship status;

f.written consent forms from the parents, guardian, or court authorizing placement and the provision of medical care;

g.written intake study, agency case plan, where appropriate, service plans and reviews of service plans;

h.social service notes on contacts with the child and family;

i.summary of services to the child's family;

j.summary of child/family relationships, where appropriate;

k.cumulative health records, including known allergies and medical conditions of the child;

l.educational records and reports;

m.treatment or clinical records and reports;

n.reports of special or critical incidents during placement or agency service; and

o.date of discharge, reason for discharge, and the name, address, and telephone number of the person or agency to whom the child was discharged; and discharge summary including aftercare plans.

J.Notification Required

1.The agency shall notify the Department and the parent or guardian immediately in any of the following instances:

a.A serious injury or illness involving medical treatment of a child;

b.The death of a child;

c.When a child has been subjected to alleged abuse or neglect, or has been the alleged victim of assault or other physical or sexual abuse;

d.Any fire or other emergency requiring overnight evacuation of the premises

2.The agency shall have written procedures for its foster and pre-adoptive parents requiring them to notify the agency immediately in any of the following instances:

a.When a child has been subjected to alleged abuse or neglect, or has been the alleged victim of assault or other physical or sexual abuse;

b.A serious injury or illness involving medical treatment of a child;

c.Any actual suicidal or homicidal attempt;

d.The death of a child;

e.Unauthorized absence of the child from the home;

f.Removal of the child from the home by any person or agency other than the placing agency; or any attempts at such removal;

g.Any fire or other emergency requiring overnight evacuation of the premises;

h.Any exclusion of a child from school or involvement with police; and

i.A physician's order requiring a child to be force-fed or otherwise coerced to eat against his/her will.

3.The agency shall notify the Department by the end of the next working day of any fire requiring the services of a fire department within its facility or in any of its homes.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.4 PERSONNEL

A.Qualification of Employees

1.Chief Administrator

a.The chief administrator of an agency shall hold an advanced degree from an accredited program of social work education; or an advanced degree from an accredited academic program in another field of human service, with progressively responsible supervisory and management experiences in direct services for individuals, families and children, or other field directly related to the service being provided by the agency.

b.The chief administrator shall also be qualified by training, experience and management skills to ensure effective utilization of the agency's personnel and financial resources and coordination of the agency's program of service with other community services.

2.Social Service Supervisor - A social service supervisor, at the time of appointment to the position, shall possess one (1) of the following:

a.a master's degree in social work and one (1) year of experience as a social service worker;

b.a master's degree in sociology, psychology or guidance and counseling and two (2) years of experience as a social service worker;

c.a bachelor's degree in sociology, psychology, social work, or guidance and counseling and four (4) years of experience as a social service worker in a child care organization. Two (2) of the four (4) years of experience shall be in a child placing agency which provides in-service training.

3.Social Service Worker - A social service worker, at the time of appointment to the position shall possess at least a bachelor's degree with a major in sociology, psychology, social work, or guidance.

4.General qualifications

a.An agency shall have employment practices which attempt to ensure that employees and volunteers are of good moral character and emotional stability and of sufficient good health, ability, experience and education to perform the tasks assigned.

b.All staff shall be properly certified or licensed as required, and cleared for employment history and criminal record checks.

5.Employee qualifications as herein stipulated shall not be required of persons employed in these positions prior to the date these regulations become effective.

B.Staffing Ratio

1.The agency shall develop a staffing ratio based on a written workload formula to determine the number of administrative, supervisory, social service workers and other staff necessary to provide services in accordance with the agency's program statements for those areas of service in which the agency is licensed.

2.The formula shall include, at a minimum, all of the following:

a.type of children served, and their special needs;

b.types of services to be provided;

c.distances involved in provision of service; and

d.other functions or responsibilities of the social service workers.

C.Job Descriptions

1.The agency shall have a job description for each position identifying duties, qualifications, education, training requirements, and lines of authority.

2.A copy of the job description shall be made available to the employee.

3.Practice shall conform to the job description.

D.Staff Training

1.An agency shall provide or make available orientation and in-service training programs for all professional staff on a regular basis.

2.An agency shall ensure that all professional staff participate in a minimum of eight (8) hours of staff training annually.

3.Training shall include but need not be limited to information regarding current child placing practices and the laws and regulations related to child placing in Rhode Island.

4.The agency shall keep a record of each staff member's participation in in-service training.

E.Personnel Policies

1.Personnel policies shall be in writing, and shall identify the rights and responsibilities of the organization and staff.

2.The policies shall specify hours of work, grievance procedures, sick leave, vacation, and all other fringe benefits.

3.Personnel policy shall include the prohibition of an employee or volunteer from performing duties if their ability is impaired by drugs or alcohol or both.

F.Employee Performance Evaluations

1.There shall be a written evaluation of the employee's performance within six (6) months after an employee's appointment, and annually thereafter.

G.Personnel Records

1.A confidential personnel record shall be maintained for each employee and volunteer.

2.The record shall contain all of the following:

a.the employee's name;

b.verification of the employee's education, where specified by rule;

c.the employee's work history;

d.record of any convictions, other than minor traffic violations; and

e.performance evaluations as required.

3.Personnel records shall be secured against loss, destruction, or unauthorized access.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.5 SOCIAL SERVICES RELATED TO CHILD PLACING

A.Intake Procedures and Practices

1.At the time of referral or application for service, the agency shall assess the needs and strengths of the child's family.

2.Prior to accepting a child into its program, the agency shall document that alternatives to placement have been explored or used with the family.

3.Where social services have been provided to the child and his/her family, a description of their nature, scope, frequency, time frame and recommendations shall be indicated.

4.The agency shall make every effort to prevent the removal of the child from the home and to maintain the integrity of the family through the provision of counseling and education when the emotional, physical or psychological health of the child is not at risk.

5.When the need for placement is clearly documented and other alternatives have been utilized by the family or are counter indicated, the agency shall select the least restrictive setting for the child, commensurate with his/her needs, and also situated proximate to the child's home.

6.A written intake study shall be conducted by the agency at the time of referral or application, and completed within forty-five (45) days.

7.The intake study shall include:

a.the identification of the specific needs of the child and family which warrant consideration of removal and placement of the child;

b.the family's strengths;

c.the involvement of the child's parent(s) in his/her care;

d.the available resources;

e.the stated goals of the family;

f.available social and medical history of the child and all family members; and

g.the child's legal status.

8.The agency shall keep a record of all requests for services, placements, and the reasons for acceptance and denial of services.

9.The agency shall provide referral assistance to persons requesting services not provided by the agency.

B.Interstate Placements

1.The agency shall send written notice to the Administrator of the Interstate Compact on Placement of Children whenever an agency plans to place a child in another state or receives for placement a child from another state.

2.The agency shall provide documentation of compliance with the Interstate Compact on Placement of Children, with, at minimum, the signed approval of this state's Interstate Compact Officer.

C.Case Plan

1.The agency shall develop a written case plan upon completion of the intake study and prior to placement. In cases of emergency placements, the assessment and case plan shall be initiated within five (5) working days and completed within thirty (30) working days of placement. The plan shall include, but not be limited to, the following:

a.documentation of counseling services provided to the family and child;

b.the reasons for the selection of the type of care and how it meets the child's and family's needs;

c.projected duration of care;

d.pre-placement activities with child and family;

e.initial case goals for the child and family;

f.specific steps to accomplish goals;

g.specific time schedule for goals;

h.expected outcomes of goals;

i.designation of responsibility for carrying out steps with the child, parent(s), foster parent(s), adoptive parent(s), and the court (when involved), including frequency of contacts;

j.visiting plans between the child, parent(s), and siblings, if appropriate;

k.date of first review of progress on steps and goals; and

l.description of the conditions under which the child shall be returned home or when termination of parental rights should be initiated.

2.The agency shall include the parent(s) and the child (when appropriate to age and understanding) in the development of placement and case plans.

3.The agency, prior to accepting a child for placement, shall secure from the parent(s), guardian(s), or court, written authority to place the child.

4.The agency, prior to accepting a child for placement, shall secure from the parent(s), guardian(s), or court, written authority to provide medical care.

5.The agency shall help the parent(s) understand the legal rights and obligations that they retain and those delegated to the agency by the court. This information must be provided to the parent(s) in their own language if English is not readily understood.

D.Supervision and Review of the Case Plan

1.The agency shall complete a review of the case plan at least every six (6) months indicating progress toward goal achievement and changes made in the service plan.

2.The agency shall include in the review an assessment of the child in care, the progress of the growth and development of the child, the relationships between the child and caregivers, and the problems which may have occurred.

E.Selection of Placement

1.The agency shall select the most appropriate form of care for the child consistent with the child's and family's needs for in-home care, supervised apartment living, independent living arrangements, family foster care or adoption. In choosing the type of care, the agency shall provide for any specialized services the child may need.

2.The agency, when selecting care, shall take into consideration a child's racial, cultural, ethnic, and religious heritage and preserve them to the extent possible without jeopardizing the child's care.

3.The agency shall select care that has the capacity to assist in the achievement of the steps and goals of the child's case plan and shall involve the parent(s) to the maximum extent possible.

4.The agency shall refer and place children only in licensed child care programs, licensed foster homes, or approved adoptive homes.

F.Placement Services

1.Relationships with Child Care Programs

a.The agency shall have written policies and procedures specifying the manner of information exchange and coordination of services with any child care program into which it places children.

b.At a minimum, these policies and procedures shall include the orderly and regular transfer of information regarding the child and family, including the social history, reason for placement, anticipated length of placement, educational, medical and clinical reports, as well as service plans, updated service plans and discharge summaries with aftercare plans.

2.Relationships with Families and Children

a.The agency shall make its services accessible and available to parent(s).

b.The agency shall make every reasonable effort to help the parent(s) assume or prepare them to resume their parental roles and responsibilities.

c.The agency shall provide the family with or arrange for counseling services necessary to preserve and strengthen the family and to accomplish the case plan goals. While the child is in care, the agency shall assist parent(s) with the problems and needs that brought about the need for placement.

d.The agency shall make counseling available to expectant parent(s) considering placement before the child is born and immediately thereafter.

e.The agency shall encourage contacts between parent(s) and children after placement, in accordance with the case plan.

f.The agency shall have a signed agreement with the parent(s) of the child in care which includes, but is not limited to, the expectations and responsibilities of the agency and the parent(s) for carrying out the steps to meet the case plan goals, the financial arrangements for the child in care, and visiting plans.

3.Pre-placement Preparation

a.The agency shall formulate written policies and procedures regarding the nature and frequency of social services provided to a child awaiting placement and at the time of placement for an adoptive child, a foster child, or a child awaiting placement in other child care programs. These policies shall address the following:

(1)The social service worker for the child shall become acquainted with the child and family prior to placement, except when a child is placed on an emergency basis.

(2)The social service worker shall help the child understand the reasons for placement and prepare him/her for the new environment.

(3)The social service worker shall help the newly placed child with his/her feelings and reactions to the placement in order to assist his/her adjustment.

b.The agency shall arrange a general medical examination by a licensed medical practitioner for each child within fifteen (15) days of admission, unless the child has been examined within twelve (12) months before admission and the agency has the results of that examination.

c.The agency shall obtain and record a developmental history for each child.

d.The agency shall arrange for a child over the age of four (4) years to receive a dental examination by a dentist within sixty (60) days of admission, unless the child has been examined within twelve (12) months prior to admission and the agency has the results of that examination.

e.The agency shall obtain a written copy of each child's immunizations within thirty (30) days of admission to placement. If this is not available, the agency shall document any immunizations and record the process to be used to obtain the information.

4.Services During Care

a.The agency shall supervise care of the child and shall coordinate the planning and services for the child and family as stated in the case plan.

b.The social service worker shall see a child as often as necessary to carry out the case plan, but at least once per month during the term of care.

c.The social service worker shall meet with the parent(s) and children together on a regular basis to assess and work on the following:

(1)Progress in resolving problems which precipitated placement;

(2)Parent and child relationship difficulties;

(3)Adjustment to separation; and

(4)Achievement of case plan goals.

d.The agency shall refer the parent(s) to other agencies in the community providing appropriate services when they require services which the agency does not offer. The agency shall maintain communication with the agency providing service when cooperative effort has been arranged.

e.The agency shall assume primary responsibility in decisions regarding major medical and surgical interventions for foster children and shall note agency approval in the child's record.

f.The agency shall make provisions for specialized services and health care services as stated in the case plan.

5.Aftercare Services

a.The agency shall make continuing supportive services available for children and families for at least six (6) months following an adoption or a child's return to his/her family in order to strengthen and support new or renewed family functioning.

b.The agency shall offer supportive help and referral services to parent(s) who decide not to place their child after receiving agency services.

G.Grievances

1.An agency shall have written procedures for redressing concerns, disagreements, complaints and grievances of clientele to safeguard the legal rights of children served.

2.Agency practice shall conform to the written procedures.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.6 FOSTER CARE

A.In order to obtain a license to operate a program of foster care services, an agency shall adhere to the regulations contained herein:

B.Application for a License

1.An agency shall submit an application to the Department for a license to operate a foster care program on forms approved by the Department and in a manner prescribed by the Department.

C.Foster Home Recruitment

1.An agency shall develop and maintain an ongoing recruitment program for foster homes based on the following factors:

a.types of foster care needed;

b.number of children expected to need foster care;

c.age of children accepted for care;

d.developmental needs of children;

e.racial identity;

f.sibling relationships; and

g.special needs.

D.Application and Certification

1.Foster Home License Application

a.The agency shall develop an application form(s) for prospective foster parent(s).

b.The form(s) shall be approved by the Administrator of Licensing.

2.Foster Home Licensing Study

a.The agency, in response to an application for a license, shall conduct a licensing study to determine compliance with the foster care regulations as promulgated by the Department.

b.The agency shall assess the foster home for family dynamics, motivation, and suitability for care for specific types of children.

3.Certification

a.An agency shall have written procedures approved by the Department for assessing and recommending foster homes for licensure and relative placements for certification.

b.The agency shall submit a recommendation for licensing action to the Department on forms provided by and in a manner prescribed by the Administrator.

c.When an agency recommends to the Department that a foster home application be denied or that a foster home license not be renewed, the agency shall conform to regulations set forth in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

d.An agency shall document in the foster home record and forward to the Department the following information:

(1)completed application form;

(2)mandated clearances and record checks;

(3)health and safety inspections as required by statutes;

(4)availability of personal references;

(5)availability of medical references(s) and income stability;

(6)administratively approved home study and foster parent capabilities; and

(7)licensing recommendation made to the Department.

E.Monitoring

1.The agency shall monitor each licensed home at least once every six (6) months for licensing compliance.

2.The agency shall develop and maintain standard licensing monitoring forms, approved by the Administrator of Licensing.

3.The agency shall make the foster parent aware of the criteria for licensing compliance and shall provide the foster parent with completed monitoring forms.

4.The agency shall maintain all licensing monitoring records for three (3) calendar years from the expiration of the last issued license.

F.Foster Home Records

1.The agency shall keep a separate confidential record for each foster home which shall contain, but not be limited to the following:

a.Foster parents' written application for a license, as described in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

b.Clearances with the Department and criminal, record checks, as required by Rhode Island statutes;

c.Fire and health inspections, as required by Rhode Island statutes;

d.Family assessment and licensing study, as required in the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

e.A written recommendation as to licensing action on approved Departmental forms in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department;

f.Monitoring reports, conducted semiannually, on standardized forms approved by the Department;

g.Documentation of annual licensing study and recommendation for licensing action;

h.Investigative actions and reports related to any complaints received regarding a foster home;

i.A summary of foster parents' participation in pre-service and annual in-service training;

j.A copy of the agreement between the foster parents and the agency;

k.A report from a foster parent(s) in compliance with agency notification as required in the Foster Home Regulations, (Part 3 of this Subchapter) promulgated by the Department.

l.All correspondence concerning the foster family including any notification to foster parents regarding the availability of a foster child for adoption, and any application to adopt a foster child in the home; and

m.Termination summary for homes which are closed, including the reason(s) for closing.

2.The agency shall maintain for each foster home file a list of all children placed in the foster home, including the name, ages, agency or parent making the placement, dates of placements, and dates and reasons for removal. This list shall be maintained for three (3) calendar years after the last child has left the home.

G.Renewal of a License

1.The agency shall establish criteria for the renewal of a license and shall maintain procedures which verify that all regulations are met prior to making recommendations for licensing to the Department.

2.The agency, at its discretion, may waive the requirements for a completed application form, personal references, and medical examinations.

H.Complaints in Licensed Foster Homes

1.When an agency receives a complaint regarding a foster home which relates to the direct care of a child placed in that home, the agency shall notify the CANTS unit of the Department in accordance with state law and the Administrator of Licensing within twenty-four (24) hours thereafter.

2.When an agency receives a complaint unrelated to direct child care but in possible violation of a foster home regulation in a licensed foster home, the agency shall initiate an investigation within five (5) working days.

a.The investigation shall be completed within thirty (30) calendar days.

b.The agency findings on rule compliance as well as licensing action recommendations shall be submitted in writing to the Administrator of Licensing within five (5) working days following the completion of the investigation.

I.Services to Foster Parents

1.Information for Foster Parents - At the time of placement, an agency shall provide foster parents with all of the following information:

a.The name of the child, agency, and social service worker;

b.Information about the child's known behavioral characteristics, needs, and plans to meet those needs, as identified in the service plans for the child and family;

c.Written consent to obtain routine, non-surgical medical care and immunizations for each child placed in the foster home; and

d.A medical history of the child, including available medical insurance.

2.Orientation - The agency shall provide pre-service training, approved by the Department, to foster parents prior to placing a child in the home, in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

3.In-Service Training - The agency shall provide a licensed foster parent with a minimum of eight hours of in-service training annually, approved by the Department, during the term of the license, in accordance with the Foster Care Regulations (Part 3 of this Subchapter) promulgated by the Department.

4.Agreement - The agency shall have a signed written agreement outlining the rights and responsibilities of both the agency and the foster parents regarding placements. This agreement shall obtain the prior approval of the Department.

5.Assistance to Foster Parent

a.The agency shall be available to give foster parent(s) assistance, consultation, and emotional support with situations and problems encountered in fostering children on a twenty-four (24) hour basis.

b.The agency social service worker shall be available to provide social services in person to the foster parent at least monthly.

6.Payments

a.The agency shall have a written payment schedule and statement on payment procedures for maintenance costs to foster parents and child care programs. The schedule shall reflect the levels of the cost of care for children of differing ages and needs.

b.The agency shall provide the foster parent and child care programs with written notification of changes in the payment schedule at least sixty (60) days prior to any change.

7.Placement

a.The agency shall place a child only in a licensed foster home within the terms of that foster home license and within the terms of the recommendation in the current family study.

b.Upon written request, the Administrator may permit an exception to the above rule for a period not to exceed thirty (30) calendar days based on the recommendation of the agency.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.7 ADOPTIVE SERVICES

A.In order to obtain a license to operate a program of adoptive services, a program shall adhere to the regulations contained herein:

B.Application for a License

1.An agency shall submit an application to the Department for a license to operate an adoptive program on forms approved by the Department and in a manner prescribed by the Department.

C.Authority to Place a Child for Adoption

1.An agency licensed to place children for adoption may do so when it has a copy of the following applicable document(s) as proof of availability of the child(ren) for adoption:

a.a voluntary surrender signed by the birth parent(s) in accordance with the law of the country or state where the surrender is taken, or evidence thereof;

b.a certified copy of the state or foreign court order terminating the parental right(s) of the parent(s) of the child(ren), and the grounds for termination or evidence thereof;

c.the certified death certificate of the birth parent(s);

d.if a child is brought into the State from another state, or if a child is sent to another state from the State, verification of compliance with the Interstate Compact on the Placement of Children;

e.if a child is brought into the State from a foreign country, verification of compliance with the immigration laws of the U.S.

D.General Provisions

1.Registration with Adoption Resource Exchange - An agency shall register with an adoption resource exchange in the State any child(ren) considered "legal risk" or free for adoption but without a prospective family after sixty (60) days of surrender.

2.Notification of Foster Parents of Release for Adoption - When a foster child is freed for adoption, the agency shall notify the foster parents in writing.

3.Involvement of Children in Placement Planning - The agency shall counsel each child surrendered for adoption regarding the adoption process and shall involve the child in placement planning when appropriate to the age and ability of the child.

4.Interim Care

a.Care shall be provided or arranged for a child(ren) prior to adoptive placement by the adoptive agency.

b.Care shall also be provided or arranged by an adoptive agency when a child(ren) is removed from a prospective adoptive family.

E.Adoptive Home Recruitment

1.An agency shall develop and maintain an ongoing program to recruit adoptive families for children who are legally free and available for adoption. Recruitment shall be based on the following:

a.Ages and developmental needs of children available;

b.Racial and cultural identity of children available;

c.Sibling relationships; and

d.Special needs.

2.The agency shall provide information to prospective adoptive parent(s) about:

a.The adoption process;

b.Legal procedures and the approximate time the process will take;

c.Types of children available; and

d.Fee structure, and the availability, if any, of subsidy.

F.Adoptive Home Application

1.The agency shall have an application form(s) for prospective adoptive parent(s).

2.The form(s) shall be approved by the Administrator.

G.Adoptive Home Study

1.The agency, in response to an application for adoption, shall conduct a study to assess the applicant(s) appropriateness to be an adoptive parent(s).

2.The study process shall be summarized in a written report and shall include all of the following:

a.Motivation for adoption;

b.Three reference reports;

c.A current physical examination of the applicant, including a recommendation from the physician that he/she is physically capable of caring for a child;

d.Evidence that the household has sufficient income and appropriate fiscal management to maintain its stability and security without the need for reimbursement of the child's expenses;

e.Record of any convictions other than minor traffic violations;

f.Emotional stability and compatibility of the adoptive parent(s);

g.A discussion of the applicant's ability to have biological children;

h.Adjustment of own children, if any;

i.The family's attitude toward accepting an adoptive child, including the family's plans to discuss adoption with the adopted child;

j.Parenting ability;

k.Types of children desired; and

l.Recommendations as to the age, sex and characteristics, including special needs, of children best served by this family.

3.Physical Requirements for Adoptive Homes - The agency shall establish physical requirements for adoptive homes, which shall include, but not be limited to the following:

a.the adoptive home be clean, safe, free of obvious hazards, and of sufficient size to accommodate comfortably all members of the household;

b.the adoptive home have adequate lighting and ventilation, hot and cold water supply, plumbing, electricity, and heat;

c.a report in the adoptive home file as to a finding of safety by the Health Department where well water is used by the adoptive family;

d.a report in the adoptive home file as to findings of approval by the Health Department. where septic tanks and leach-fields are used by the adoptive family.

H.Notification Regarding Application

1.The agency shall notify the applicant(s) in writing within thirty (30) days of completion of the home study of the acceptance or denial of his/her application.

2.When the applicant(s) is not accepted, the agency shall offer services to the applicant(s) to assist the adjustment to such a decision.

3.The agency shall deny adoption to an applicant(s) if he/she:

a.has been convicted of, or is serving an active probationary sentence for, a disqualifying criminal offense; or

b.falsifies or omits facts on an application form(s) or during an adoptive home study; or

c.impedes an adoptive study; or

d.has a documented history of substantiated child abuse or neglect; or

e.has a past or current history of agency or departmental intervention deemed detrimental to the care of a child; or

f.has a documented history of chemical or alcohol related problems; or

g.would not provide satisfactory parenting for a child.

I.Adoptive Study Records

1.The agency shall keep separate confidential records for each adoptive family which shall contain, but not be limited to the following:

a.written application form of the pre-adoptive family;

b.report of adoptive home study;

c.three (3) reports of references;

d.current medical report(s) of the adoptive applicant(s);

e.clearances with the Department and criminal record checks, as required by RI statutes;

f.a copy of the information given to parent(s) concerning a child(ren) to be placed for adoption with them;

g.all legal documents pertaining to the adoption;

h.a copy of the agency's written policy regarding assistance rendered adoptive children in search of their birth parent(s);

i.a summary of the placement decision;

j.a summary of pre-placement and post-placement contacts with the adoptive family and the adoptive child(ren); and

k.if an applicant is not approved, or a child not placed with an applicant, the agency shall document their reasons and the way in which the applicant was so informed.

J.Selection of Home

1.An agency shall not place a child in an adoptive home unless an evaluation of the child and the prospective adoptive family has been completed and recorded, and supervisory approval of the placement has been documented.

2.An agency shall give priority to placing children from the same family together. If this is not possible or is not in the best interest of the child, the reasons shall be documented in the child's record.

3.An agency shall give priority to placing children with families of the same racial and cultural identity. If this is not possible or is not in the best interest of the child, the reasons shall be documented in the child's record.

K.Services to Adoptive Parent(s)

1.The agency shall provide an orientation to prospective adoptive parents.

2.The agency shall discuss potential children with the adopting family.

3.The agency shall prepare the adoptive family for the placement of a particular child. Preparation shall include:

a.Information about the needs, characteristics, and expectations of the child and of the child's family;

b.Review of medical histories of the child and of the child's family;

c.Visiting with the child prior to placement; and

d.Projected impact of the child's placement on the adoptive family.

4.The social service worker shall visit the adoptive family at least twice after the placement of a child and prior to the final decree. A summary of the observations made during the visits shall be recorded and used in making final recommendations as to the finalization of the adoption.

5.The agency shall make post-adoption services available to the adoptive parent(s), the birth parent(s), and the adoptee after the finalization of the adoption.

6.The agency shall have a written policy concerning the assistance it will provide to adopted children or to birth parents who are searching for information concerning birth parents or an adopted child.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.8 CHILD CARE PROGRAMS OPERATED BY CHILD PLACING AGENCIES

Child care programs operated by child placing agencies must obtain from the Department individual child care licenses for these programs. Additional regulations for specific child care programs, namely, day treatment, residential treatment, family day care center, group home(s) I and II, independent living, and supervised apartment living, residential group care, shelter, respite care, alternative treatment, and in- home services, can be found at the end of the Child Care Regulations (Part 1 of this Subchapter) promulgated by the Department.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-5 § 5.9 ADDITIONAL REGULATIONS FOR ALTERNATIVE TREATMENT PROGRAMS

A.A program shall formulate and follow a written policy statement describing its philosophy of treatment, treatment goals and performance objectives for the children it purports to serve, as well as the geographic area to be served. The extent and mix of professional services utilized by a program shall correlate with its policy statement.

B.Child care staff shall function as the provider of services or as the service coordinator for each child assigned to him/her in accordance with the treatment plan.

C.Child care staff shall provide intensive supervision and support for no more than four (4) children at one time.

D.Child care staff shall receive supervision from a credentialed clinical worker(s) a minimum of one (1) hour per week.

E.Direct child care staff shall participate in the development of the initial service plan and in subsequent clinical reviews conducted quarterly.

F.Child care staff shall receive in-service training in, at minimum, the following areas: interviewing, child and family counseling, psychological interventions, problem management, including techniques of passive physical restraint, the effects of psychotropic medications, group work techniques with children, and networking of mental health, educational and community resources. This training shall be at least twenty (20) hours annually and staff participation shall be documented.

G.The following professionals shall be employed as staff or retained as consultants to the program: psychiatrist, clinical psychologist, clinical social worker, and education specialist. Professionals filling these positions shall meet national standards or state certification requirements. Program files shall contain the credentials of these staff and shall include written contracts for consultants, including itemized descriptions of services provided as well as actual service hours rendered on an annual basis by each consultant.

H.Professional staff, as delineated in § 5.8(B)(7) of this Part above, shall participate in each child's service plan and in quarterly clinical reviews. Respective reports and recommendations of staff shall be documented in the child's case record.

I.Where appropriate, and in accordance with the program's written philosophy and goals, professional staff, as delineated in § 5.8(B)(7) of this Part above, shall provide direct clinical or educational services to children in care.

J.Professional clinical staff, as delineated in § 5.8(B)(7) of this Part above, shall provide not less than one (1) hour of supervision monthly for each clinical supervisor and child care supervisor.

K.A program shall maintain a continuous written log of all staff, their respective job positions and staffing ratios.

L.A purchase of service agreement shall be signed by both the program and the purchasing agency in which, at minimum, is included: the services to be provided by the program, the conditions of payment and the financial agreement between the parties.

M.The program shall have written procedures concerning staff responsibilities in the event of a medical emergency.

N.The program shall provide staff with knowledge of rudimentary first aid procedures and of appropriate medical resources in the community.

History

• Periodic Refile — effective from 2022-01-04 to current
• Technical Revision — effective from 2002-01-02 to 01/04/2022
• Periodic Refile — effective from 2002-01-02 to 01/02/2002

214-RICR-40-00-6 Mental Health Emergency Service Interventions for Children, Youth and Families Regulations for Certification

214-RICR-40-00-6 § 6.1 GENERAL PROVISIONS

A.Purpose

1.The purpose of these Regulations is to comply with R.I. Gen. Laws § 40.1-5-6, which requires any child who is under the age of eighteen whose health insurance is publicly funded to have an emergency service intervention by a provider licensed by the Department of Children Youth and Families (the Department) as a prerequisite for admission to an inpatient psychiatric facility.

2.In addition, these Regulations implement provisions of R.I. Gen. Laws § 27-18-95 Acute Mental Health Crisis Mobile Response and Stabilization Services which establish the requirement for licensure of Mobile Response and Stabilization Services (MRSS) providers delivering crisis intervention and stabilization services to children.

3.These Regulations further implement 2025-H 5076 Substitute A as amended, by establishing licensure standards for Mobile Response and Stabilization Services (MRSS) providers delivering services within Rhode Island’s state-sanctioned crisis system for children’s behavioral health, adhering to nationally recognized fidelity standards, for children and youth ages two up to twenty-one. For young adults ages eighteen (18) through twenty-one (21) accessing MRSS services (e.g., via RI Suicide & Crisis Lifeline (Lifeline) or other referrals), MRSS providers shall ensure coordination with BHDDH, BHDDH-licensed Behavioral Healthcare Organizations (BHOs) and Certified Community Behavioral Health Clinics (CCBHCs), and, as clinically appropriate and consistent with applicable law, DCYF-licensed or contracted providers. The Department will oversee MRSS provider compliance through licensure monitoring and quality assurance activities, including but not limited to routine and complaint-based monitoring; review of clinical and care coordination documentation; evaluation of referral and coordination practices with BHDDH-licensed providers; and review of performance measures and required reporting.

4.Accordingly, these Regulations establish two (2) levels of licensure for entities providing mental health emergency services to children:

a.Emergency Services (ES) Licensure, authorizing the delivery of immediate crisis intervention; and

b.Mobile Response and Stabilization Services (MRSS) Licensure, required for the provision of mobile crisis response and short-term stabilization services. MRSS is a distinct service model, separate from Emergency Services (ES), and includes both mobile crisis response and short-term stabilization services. MRSS providers must meet all standards applicable to ES licensure, in addition to satisfying MRSS-specific requirements

B.Legal Basis

1.These Regulations are issued pursuant to:

a.R.I. Gen. Laws § 42-72-5, Power and Scope of Activities of the Department of Children, Youth and Families

b.R.I. Gen. Laws §§ 40.1-5-2, 40.1-5-5, 40.1-5-6, and 40.1-5-8 Mental Health Law

c.R.I. Gen. Laws § 42-72-5.2, Development of a Continuum of Children's Behavioral Health Programs

d.R.I. Gen. Laws § 27-18-95 Acute Mental Health Crisis Mobile Response and Stabilization Services

e.R.I. Gen. Laws § 42-72.1, Licensing and Monitoring of Child Care Providers and Child-Placing Agencies f. 2025-H 5076 Substitute A as amended, relating to Mobile Response and Stabilization Services (MRSS) for children and youth ages two up to twenty-one.

g.R.I. Gen. Laws § 23-4.6-1 (minors' consent to certain health care services)

2.These Regulations include children with Serious Emotional Disturbances (SED) as defined by R.I. Gen. Laws § 42-72-5.

C.Definitions

1.“Adolescent” means an individual ages twelve (12) through seventeen (17), unless otherwise specified.

2."Behavioral health emergency” means a situation in which a child. adolescent, or young adult, due to a behavioral health condition - including mental health conditions or substance use (such as overdose, intoxication, or withdrawal) - is at imminent risk of harm to themselves or others and requires immediate intervention to prevent that harm. Such an emergency may be identified by the child or adolescent themselves through self-reporting a crisis or requesting immediate help, or it may be recognized by any person based on observable signs, behaviors, statements, or other indications that would lead a reasonable person to conclude that urgent action is needed to protect the child or adolescent or others from harm.

3."Behavioral health emergency service interventions" constitute steps and actions that are taken by a child-family competent Clinician to address a behavioral health crisis, including telephone contact, crisis evaluation in the community, and follow-up service planning. These interventions take place in a community setting, including (but not limited to) homes, schools, police stations, emergency departments, homeless shelters, child care settings, community mental health providers, or any other community-based setting.

4.“Behavioral healthcare” means the umbrella term that encompasses all mental health and substance use related assessment, treatment, prevention, and support services.

5.Certified Community Behavioral Health Clinic (CCBHC)" means an organization that has been licensed by BHDDH as a Behavioral Healthcare Organization (BHO) and certified by the Executive Office of Health and Human Services (EOHHS) as a CCBHC to provide a comprehensive range of mental health and substance use disorder services. CCBHCs deliver coordinated, accessible, and culturally competent care, including crisis intervention, outpatient treatment, and community-based services, in accordance with federal and state standards for quality, safety, and integration of care.

6."Child" means an individual under age eighteen (18).

7."Children and youth," as used in these Regulations, includes individuals aged two (2) through twenty-one (21), except where a different age range is expressly stated.

8."Child-family competency" means proficiency in clinical practice skills with children with severe emotional disturbance and their families, knowledge of research on child development, application of the knowledge in a clinical context and familiarity and experience with community resources that benefit children and families, including knowledge of the cultural beliefs and practices of the diverse communities served.

9.“Child-family competent clinician” (herein referred to as Clinician) includes, but is not limited to: Psychiatrists, Licensed Psychologists, Psychiatric and Mental Health Advanced Practice Registered Nurses (APRNs), Registered Nurses with a Bachelor of Science in Nursing (BSN), Licensed Independent Clinical Social Workers (LICSWs), Licensed Clinical Social Workers (LCSWs), Licensed Marriage and Family Therapists (LMFTs), Licensed Mental Health Counselors (LMHCs), Qualified Mental Health Professionals (QMHPs), and associate-level licensees such as Licensed Marriage and Family Therapist Associates (LMFTAs) and Licensed Mental Health Counselor Associates (LMHCAs). including clinicians with substance use disorder expertise, such as Licensed Advanced Alcohol and Drug Counselors (LAADCs) and Licensed Alcohol and Drug Counselor (LADC). The clinician must have at least one year of clinical experience with children and adolescents who have behavioral health problems. The clinician must meet the child-family competency standards outlined in § 6.2(F) of this Part.

a.Each licensed provider must determine the child-family competency of all staff members providing children’s ES or MRSS services. These competencies are developed through a combination of formal education, supervised clinical experience, and ongoing professional development. Provider agencies are responsible for verifying and documenting that staff meet these requirements through personnel files, training records, and supervision logs.

10."Crisis evaluation" means a comprehensive assessment by the Clinician to evaluate the seriousness of the mental health and substance use crisis based on the child’s functioning and risk to self and others and the family/caregiver’s potential, skill level and capacity, with appropriate supports, to manage the behaviors that put the child at risk. The crisis evaluation includes screening for substance use disorder and, when indicated, an assessment of the appropriate level of care using evidence-informed criteria unless otherwise defined in statute.

11."Cultural and linguistic competency" means the ongoing ability of a licensed provider organization and its staff to deliver behavioral health services that are respectful of and responsive to the cultural and linguistic needs of the children and families served. This includes understanding that perceptions of behavioral health conditions, crises, and their causes vary across cultures, which influences help-seeking behaviors and attitudes toward services, providing meaningful access to services for individuals with limited English proficiency; and ensuring effective communication for individuals who are deaf or hard of hearing, including through interpreter services and accessible communication methods.

a.Phone lines and web sites that assure access for people who are deaf or hearing impaired

b.Interpretation services available within the two (2) hour time period for Emergency Services

c.Translated materials/forms for persons who do not speak or read English in the communities served by the Emergency Services or Mobile Response and Stabilization Services program.

12.“Current accreditation from the Joint Commission” means a valid, active accreditation status granted by the Joint Commission, a nationally recognized, independent organization that evaluates and accredits healthcare organizations based on established standards for quality, safety, and performance in the delivery of behavioral health and other healthcare services.

13.“Current certificate from CARF” means a valid, active certification issued by the Commission on Accreditation of Rehabilitation Facilities (CARF), an international, independent organization that accredits behavioral health, human services, and rehabilitation programs based on rigorous standards for service quality, safety, and outcomes.

14.“Current certification from COA” means a valid, active certification granted by the Council on Accreditation (COA), a national, independent organization that accredits organizations providing child welfare, behavioral health, and community-based services, ensuring compliance with standards for quality, safety, and effective service delivery.

15.“Family-Defined Crisis” means a situation identified by the child, parent, or caregiver as constituting a crisis for which a response is needed, regardless of whether the presenting concern appears to meet a traditional clinical definition of acute behavioral health crisis.

16."Mental health professional" means a psychiatrist, psychologist, or social worker and such other persons, including a psychiatric nurse clinician and licensed advanced practice registered nurse (APRN) as defined in R.I. Gen. Laws § 40.1-5-2, as may be defined by rules and regulations promulgated by the Director of BHDDH.

17.“Mobile Response and Stabilization Services (MRSS)” means a behavioral health crisis intervention program providing immediate de-escalation, stabilization services, and follow-up care for children or youth experiencing a behavioral health crisis. The primary goal is to ensure the safety and well-being of the child or youth through de-escalation, clinical assessment, stabilization, and connection to ongoing support services

18.Qualified Mental Health Professional (QMHP)" means a mental health professional, as that term is defined in R.I. Gen. Laws § 40.1-5-2 and applicable BHDDH regulations, who is approved by the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH) and has a minimum of thirty (30) hours of supervised face-to-face emergency services experience as a psychiatric emergency service worker in Rhode Island. Such experience may be gained through employment with: (i) a community mental health center that conducts emergency psychiatric assessments for individuals under consideration for admission to an inpatient mental health facility; or (ii) a licensed hospital that conducts emergency psychiatric assessments for individuals under consideration for admission to an inpatient mental health facility.

19."System of Care (SOC)" means a coordinated array of easily accessible services that address the behavioral health treatment needs of children and adolescents who have serious emotional disturbances. The SOC operates consistent with core principles and values that are strength-based, child-centered and family-driven. The services are culturally and linguistically competent and emphasize natural and community-based supports that complement behavioral health services provided by professionals in agency and hospital settings. The SOC promotes cross-system collaboration among education, child welfare, juvenile justice, and healthcare systems, and ensures that care is individualized, provided in the least restrictive environment, and guided by measurable outcomes.

20.“Warm handoff” means a seamless transfer of care from one provider or service to another, involving direct, facilitated introduction of the child and family/caregiver through face-to-face, telephonic, or video interaction - to the receiving provider, ensuring continuity of support, reduced risk of disengagement, and immediate access to appropriate ongoing behavioral health or community services.

21."Young adult" means an individual ages eighteen (18) through twenty-one (21).

22."Youth" means an individual ages twelve (12) through seventeen (17), unless otherwise specified.

D.Coordination with BHDDH

1.These Regulations govern licensure and standards for children's mental health emergency services and Mobile Response and Stabilization Services (MRSS). DCYF maintains primary responsibility for mental health services for children under eighteen (18), consistent with R.I. Gen. Laws § 42-72-5.2.

2.These Regulations are promulgated in coordination with the Department of Behavioral Healthcare, Developmental Disabilities, and Hospitals (BHDDH), which retains its statutory authority as the State Mental Health Authority and Single State Authority for substance use disorder services. MRSS remains a child, youth, and young adult-focused crisis response service licensed and overseen by DCYF under these Regulations.

3.Authority for the reporting and investigation of abuse, neglect, and exploitation of individuals ages 18 through 21 is shared by DCYF and BHDDH. BHDDH derives its authority from R.I. Gen. Laws §§ 11-5-10.2, 11-5-11, 11-5-12, 23-17.8-2, 23-17.8-3, 40-8.5-2, 40.1-5-3, 40.1-26-10, and 40.1-27-2.

E.Consent for Emergency Service Interventions Involving Minors

1.In Rhode Island, consent requirements for emergency service interventions, including both Emergency Services (ES) and Mobile Response and Stabilization Services (MRSS), depend on age, marital status, and specific circumstances.

2.Minors under 16 generally require parental or legal guardian consent for behavioral health services, including ES and MRSS, unless an exception applies, such as emergencies or imminent risk of serious harm (R.I. Gen. Laws § 23-4.6-1).

3.Minors aged 16 or older, or those who are married, may independently consent to ES and MRSS, and a minor parent can consent for their child (R.I. Gen. Laws § 23-4.6-1).

4.In emergency situations, minors of any age can receive immediate ES and MRSS crisis assessments and interventions without parental consent to prevent harm. Additionally, minors posing an imminent risk of serious harm due to a psychiatric disability may be certified for emergency inpatient treatment without parental consent by a physician, advanced practice registered nurse, or Qualified Mental Health Professional (QMHP) (R.I. Gen. Laws § 40.1-5-7).

5.ES and MRSS providers must document consent or the specific exception applied, such as emergency intervention.

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

214-RICR-40-00-6 § 6.2 LICENSURE STANDARDS FOR MENTAL HEALTH EMERGENCY SERVICE INTERVENTIONS

A.In order to be licensed for emergency services, the Emergency Service Provider Organization (hereinafter, the Provider) must include a telephone crisis hotline, face-to-face interventions in the community and the means to develop and implement a follow up plan to access community-based and 24-hour services.

B.The Provider meets the standards established under each component.

C.Telephone Contact, Support and Follow up

1.The Provider maintains a telephone system that includes:

a.A phone line and a number which answered by a live voice twenty-four hours per day, seven days per week, 365 days per year. The answering service or Provider must have the capacity to provide timely language assistance and interpreter services for callers with limited English proficiency and effective communication access for callers who are deaf or hard of hearing, including through accessible communication methods.

b.The caller has telephone access to the Clinician within fifteen minutes of the initial call to discuss the crisis and to develop a follow up service plan based on the child and their family/caregivers needs and collaboration on next steps.

2.The Provider works with the Department and other applicable state agencies and payers to publicize the service throughout their service delivery area including in languages other than English in diverse communities.

D.The Provider establishes emergency service intervention policies and procedures that meet the following criteria:

1.Families, caregivers, health care professionals and others who are working with a child experiencing a behavioral health crisis have access to a Clinician with back-up from a clinical supervisor/ administrator. The Clinician may consult with additional qualified treatment professionals, including a child- trained psychiatrist licensed to practice medicine in Rhode Island.

a.The Clinician provides face-to-face crisis counseling, evaluation of the current behavioral health emergency and the development of a crisis and safety plan and a follow up service plan for a family/caregiver with a child experiencing a behavioral health crisis.

b.The face-to-face contact takes place within two hours of the child and their family’s/caregiver’s request regardless of the time of day of the call.

c.The clinical supervisor is available to the Clinician and collateral providers for telephone consultation on the assessment and care planning and returns pages or phone calls within fifteen minutes of the request from the Clinician.

2.The family and the Clinician jointly determine the location for the face-to-face crisis intervention to accommodate family needs and preferences, provide for the timeliest and clinically appropriate setting to gather relevant information, increase the chances of de- escalating the crisis and protect the physical safety of all parties.

3.The Clinician meets with the child and family/caregiver and, as part of the intervention, offers support, completes a crisis evaluation, assesses the child and family for risk to harm self or others and engages the family and collateral providers in the assessment and follow up service planning process.

4.The Provider follows up with families/caregivers to make sure that the plan was implemented.

5.When an overdose or suspected substance use crisis is identified during the intervention, the Clinician shall follow evidence-based overdose response protocols, including administration of naloxone when clinically indicated and permitted under applicable laws and regulations, shall contact emergency services, including 911, when immediate medical intervention is warranted, and shall ensure timely referral to appropriate level of care substance use disorder services, including those specialized for children and adolescents.

E.The Provider establishes policies and procedures to complete the emergency service intervention with follow up service planning including:

1.The Clinician works with the child and family/caregiver to resolve the behavioral health crisis and to promote the health and safety of the child and the family. The Clinician collaborates with the child and family/caregiver to identify services, either existing or new,in the follow up plan that build on the family’s strengths, needs, and preferences.

2.The Provider ensures all staff are familiar with the full range of community, residential and hospital-based services that can best match the family’s needs, strengths and preferences.

3.The Clinician is also familiar with clinical eligibility criteria and authorization procedures of health insurance coverage.

4.The Clinician makes an appropriate referral to a program and/or service based on the child-family assessment and mutually identified needs. The Clinician and/or their organization also complete any pre-certification required by the child’s health insurance plan.

5.The Provider ensures that the follow up service planning process includes:

a.The Clinician discusses the follow up that the family prefers and makes arrangements to contact the family and/or the referral source the following day to make sure that the follow up resource was available.

b.The Provider has a form that notes the legal guardian’s signed agreement on the type of follow up in the encounter document or emergency evaluation that is part of the child’s medical record.

c.The Provider is available to the child and family for follow up contact for seventy-two hours after the initial crisis intervention if other community resources are not immediately available.

d.The Provider establishes a complaint and grievance procedure if the family disagrees with the follow up service plan.

F.Standards for Child - Family Competency

1.To be licensed to provide emergency service interventions, the Provider must establish a policy for the recruitment and/or training of emergency service staff. Staff must possess the following clinical skills:

a.Knowledge of child development, behavior, and psychopathology: The clinician should have a strong understanding of child development and behavior, including the normal range of emotions and behaviors for children of different ages. This includes knowledge of the normal developmental milestones for children of different ages, as well as the signs and symptoms of common behavioral health disorders in children.

b.Knowledge of family systems: The clinician should have knowledge of family systems theory and how it applies to child and adolescent behavioral health. This includes understanding the concepts of family structure, roles, boundaries, communication patterns and coping strategies. The clinician should also be able to assess the family's strengths and weaknesses and identify any factors that may be contributing to the child's crisis.

c.Skills in working with children and families: The clinician should have strong skills in working with children and families. This includes the ability to build rapport with children and families, communicate effectively with children and families and provide support to children and families.

d.Skills in diagnostic assessment: The clinician should be able to formulate accurate and appropriate diagnoses based on the current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM) and apply diagnostic formulations to assess the child’s behaviors and presenting conditions.

e.Skills in risk assessment: Child-specific risk and safety assessment skills should include the ability to assess suicide risk, non-suicidal self-injury, violence risk, abuse and neglect, exposure to violence and/or other types of traumas, human trafficking risk, fire setting, substance use, risk of runaway and other clinical presentations that pose an immediate risk or safety issue.

f.Skills in family assessment: The clinician should be able to assess the family’s structure, roles, boundaries, communication patterns, coping strategies, strengths, needs and goals. A clinician needs to be able to identify and address any family issues or conflicts that may contribute to or exacerbate the child’s crisis, such as domestic violence, substance abuse, mental illness, trauma, or neglect.

g.Skills in crisis intervention: The clinician should have strong skills in crisis intervention and suicide prevention for children and families. This includes the ability to assess a crisis situation, accurately assess a child's mental health status, de-escalate a crisis in a family setting and provide support to the child and family during a crisis. Clinicians without authority to execute an emergency certificate shall immediately request the in-person attendance of a QMHP, psychiatrist, psychiatric APRN, or physician authorized to do so when emergency certification is clinically indicated.

h.Knowledge of community resources: The clinician should have knowledge of community resources that can be helpful to children and families in a crisis. This includes knowledge of behavioral health services, social services, and other community resources.

i.Ability to work collaboratively with other professionals: The clinician should be able to work collaboratively with other professionals, such as teachers, doctors, first responders, social workers, and other behavioral health professionals. This collaboration is essential for providing comprehensive and coordinated care to children and families in crisis.

j.Cultural competence: The clinician should be culturally competent and aware of and sensitive to the cultural beliefs and practices of the children and families they serve.

k.Other training specific to RI Mental Health Laws, mandatory reporting requirements in cases of child abuse and neglect, Adverse Childhood Experiences (ACEs), trauma and trauma-informed care and social drivers of health, also known as social determinants of health and responding to youth with disabilities.

2.To be licensed to provide emergency service interventions, the ES Provider must establish policies and procedures for maintaining and verifying documentation that demonstrates all clinical staff meet the child-family competency requirements outlined in 6.2.F.1a-k. The documentation must include, at a minimum:

a.Resumes or curriculum vitae verifying education, training, and relevant experience;

b.Professional licensure and certifications as applicable to the staff role;

c.Training records must demonstrate completion of required areas, including but not limited to: knowledge of child development, behavior, and psychopathology; family systems theory and family assessment; skills in working with children and families (including building rapport, effective communication, and providing support); diagnostic assessment skills using the current DSM; risk and safety assessment (including suicide risk, non-suicidal self-injury, violence, abuse/neglect, trauma exposure, and other immediate safety risks); crisis intervention and suicide prevention; knowledge of community resources; ability to collaborate with other professionals; cultural and linguistic competence; Rhode Island mental health laws and mandatory reporting requirements for child abuse and neglect; trauma-informed care, Adverse Childhood Experiences (ACEs), and social determinants (or drivers) of health; and responding to youth with disabilities.

d.Agency policies and procedures describing recruitment, orientation, supervision, and ongoing training for emergency services staff.

3.To be licensed as a Provider, the organization must provide ongoing training, consultation, support and updated information to staff who provide emergency service interventions. The Provider ensures a minimum of ten hours of training per year on best and promising practices in children’s behavioral health and knowledge of community resources including:

a.The types of health insurance coverage and the behavioral health benefit packages

b.The eligibility and/or admission criteria for the children’s behavioral health treatment programs.

c.A list of contact names and phone numbers for the community providers of children’s behavioral health treatment, advocacy, support and collateral services.

4.The Provider has an identified subject matter expert on the SOC referral process and how to obtain access to social service, housing, employment and other services.

5.The Provider ensures all staff have knowledge of culture-specific services, the linguistic capacity of community services and the ability to work effectively with an interpreter of sign language and/or spoken language.

6.The Provider identifies a clinical subject matter expert who can provide training and consultation to the emergency services staff based on his/her expertise on the current best practice interventions in the field of children’s behavioral health.

G.Program Monitoring and Quality Improvement

1.The Provider collects encounter data on emergency service interventions monthly as described herein.

a.Complete and forward mandated forms and reports to the Department.

b.Provides aggregate report to the Department monthly.

2.The standardized report includes aggregate data of emergency service interventions that capture the age, gender, ethnicity, status with the Department, child’s living arrangement, insurance coverage, time of day, day of week, location of intervention and type of disposition.

3.Telephone Performance Metrics

The Provider shall track all telephone contacts and shall report the following metrics to the Department monthly, in the format prescribed by the Department:

a.Source of the call (e.g., parent, guardian, child, or collateral party).

b.Percentage of calls in which a clinician was made available to the caller within fifteen (15) minutes of the initial request.

c.Total number of calls received per month.

d.Percentage of calls that resulted in a face-to-face intervention.

e.Time of call and reason for the call.

2.The Provider develops an internal process to review complaints from the family or other parties involved in the intervention.

3.The Provider shall have a process for resolving disagreements with the family/caregiver.

HThe Provider has an established training protocol in children’s behavioral health that includes an annual plan to address the best practices and current findings related to working with children with serious emotional disturbances and their families in a culturally and linguistically competent manner and from an individual and family systems perspective.

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

214-RICR-40-00-6 § 6.3 LICENSURE STANDARDS FOR MOBILE RESPONSE AND STABILIZATION SERVICE (MRSS) INTERVENTIONS

A.General Requirements

1.To be licensed to provide Mobile Response and Stabilization Services (MRSS), a provider must meet the requirements for Emergency Services (ES) licensure as outlined in § 6.2(A) through (I) of this Part.

2.MRSS providers must meet additional standards to deliver mobile crisis intervention and stabilization services, consistent with R.I. Gen. Laws § 27-18-95.

3.MRSS providers shall deliver services in accordance with System of Care principles. MRSS service delivery, care planning, and coordination shall be family-driven, youth-guided, community-based, culturally and linguistically responsive, and provided in the least restrictive environment appropriate to the needs of the child or youth and family.

4MRSS providers shall provide services to all children and youth presenting with behavioral health crises, regardless of insurance status, coverage limitations, or ability to pay.

5MRSS services are available to children and youth ages two to twenty-one, inclusive. Providers shall deliver services in a developmentally appropriate manner.

6.In addition to DCYF requirements as they pertain to reporting of abuse, neglect and/or exploitation, and cooperating with any investigations of such allegations, MRSS providers shall comply with all reporting and investigation requirements pursuant to R.I. Gen. Laws §§ 11-5-10.2, 11-5-11, 11-5-12, 23-17.8-2, 23-17.8-3 40-8.5-2, 40.1-5-3, 40.1-26-10, and 40.1-27-2.

7MRSS providers must maintain coordination protocols with RI Suicide & Crisis Lifeline (Lifeline).

B.MRSS Service Delivery

1.MRSS providers must deliver services in three phases: screening and triage, mobile crisis response, and stabilization, as follows:

a.Screening and Triage: Providers must maintain a 24/7/365 telephone system that is answered by a live voice, with clinician availability. For purposes of MRSS, a crisis is defined by the child, parent, or caregiver, and the provider shall not deny or screen out a request for response solely because the presenting concern does not appear to meet a traditional clinical definition of acute behavioral health crisis. Providers shall not delay screening, triage, or dispatch of an immediate response while awaiting parental consent when available information indicates that immediate assessment is necessary for safety. Providers must determine the response type (Immediate, Non-Immediate, or Emergency) as follows:

(1)Immediate: A mobile crisis team responds within 60 minutes to the crisis location, with telephonic support provided until in-person response arrives.

(2)Non-Immediate: A mobile crisis team is deployed within 1 to 23 hours at a time requested by the family/caregiver or referral source, unless a delayed response increases risk to the child. A non-immediate response is used only when requested by the referral source.

(3)Emergency: An emergency necessitating transfer to 911 is defined as a situation where an individual’s needs exceed MRSS capabilities. This includes cases requiring urgent medical attention (e.g., overdose, severe self-injury) or involving active violence posing imminent danger. Following a transfer, MRSS will coordinate with emergency services within 24 hours.

b.Mobile Crisis Response: Providers must deploy a two-person mobile crisis team, including a child and family competent clinician and another clinical or paraprofessional staff member. It is strongly encouraged that the clinician serving on the two-person mobile crisis team also be certified as a Qualified Mental Health Professional (QMHP). If a QMHP certified clinician is not part of the responding team, the provider must ensure that the team has timely and ready access to a QMHP for consultation and clinical support. The team must:

(1)Conduct immediate safety and risk assessments, including mental status exams and evaluations for suicide risk, non-suicidal self-injury, violence, abuse/neglect, and other immediate risks.

(2)Provide age-appropriate de-escalation and stabilization, prioritizing crisis resolution before screenings or referrals.

(3)Develop an initial crisis and safety plan in partnership with the child and family/caregiver, outlining triggers, strategies, and resources tailored to their needs.

(4)Avoid law enforcement involvement unless safety necessitates it, with family input and notification, and remain engaged to support coordination if law enforcement involvement becomes necessary.

(5)Obtain necessary releases and permissions.

(6)Facilitate direct linkages to higher levels of care if the child cannot remain safely in the community, completing pre-certification as required by the health insurance plan.

c.Stabilization: Providers must offer stabilization services for children and youth in crisis, tailored to the needs of the child or youth and their family or caregivers. Stabilization may be provided for a period of up to 30 days, unless the child transitions to appropriate services sooner, or longer if necessary, such as when follow-up services are not yet available. Stabilization includes:

(1)A biopsychosocial assessment and screening tools to inform a follow up service plan.

(2)At least one (1) face-to-face meeting per week with the child and family/caregiver, or more frequent meetings as clinically indicated based on assessment, progress, and family/caregiver preferences.

(3)Telephone support and coordination and consultation with external providers (e.g., schools, community services).

(4)Collaboration with the child and family to set short-term goals and connect to formal, informal, and natural supports.

(5)Warm handoffs to existing or new service providers for ongoing needs, ensuring continuity of care.

(6)Assessment of immediate basic needs (e.g., food, housing, transportation) and linkage to community resources.

(7)Access to a 24/7/365 on-call system with clinical support throughout the stabilization period.

d.If a child or youth experiencing a crisis is already engaged with an existing behavioral health service provider, and that provider is unable to respond with immediate capacity, the MRSS provider shall deliver the mobile crisis response and ensure a warm handoff back to the existing provider. In these cases, the MRSS provider may offer stabilization services upon referral, if the existing provider cannot offer timely support, or if the child or youth requires a higher level of care than the existing service can deliver.

e.MRSS providers must collaborate with child-serving systems, including schools, courts, child welfare, juvenile justice, and community supports, to ensure coordinated care and to prioritize maintaining children and youth in their homes, schools, and communities whenever safe and appropriate.

C.Service Areas, Statewide Capacity, and Mutual Aid

1.Scope of Licensure and Designation of Primary Service Areas

a.The Department retains sole and exclusive authority to license, deny, restrict, suspend, or revoke licensure for Emergency Services (ES) and Mobile Response and Stabilization Services (MRSS) providers pursuant to R.I. Gen. Laws §§ 42-72-5, 42-72-5.2, and 27-18-95

b.An MRSS license authorizes a provider to offer MRSS services statewide. Each licensed MRSS provider shall maintain the operational capacity to respond anywhere in the state as needed and to participate fully in the statewide MRSS response network, including through mutual-aid arrangements when activated outside its approved primary service area(s).

c.As part of the licensure application, each MRSS provider shall identify one or more preferred primary service areas in which it will maintain priority responsibility for service availability, accessibility, and timely response.

d.Primary service areas may overlap with the geographic service areas of the state’s Certified Community Behavioral Health Clinics (CCBHCs) or may consist of other service areas proposed by the provider and approved by the Department prior to licensure or renewal. In reviewing and approving primary service areas, the Department shall consider the provider’s demonstrated operational capacity to ensure service availability, accessibility, and timely response, as well as the overall need to support comprehensive statewide coverage through the mutual-aid system

2.Primary Accountability

a.An MRSS provider is primarily accountable for maintaining adequate staffing, oversight, and operational capacity to meet response time and service requirements within its designated primary service areas.

3.Mutual Aid Requirements

a.All MRSS providers must maintain mutual-aid agreements with all other DCYF-licensed MRSS providers. Mutual-aid agreements must establish clear procedures for requesting and providing backup during periods of exceptional demand, staffing shortages, or other capacity constraints affecting timely response in a provider’s primary service area.

b.Mutual aid must incorporate considerations of family preference and clinical appropriateness. When feasible, families shall be informed when a mutual-aid provider will respond and given basic information about that provider.

c.Mutual aid is intended for exceptional circumstances and shall not be used as a routine or ongoing staffing strategy. A provider's license may be subject to review or action if the Department determines that it is relying excessively on mutual aid due to a failure to maintain adequate staffing for its primary service area.

d.In the event of a service area having no designated MRSS provider with primary accountability, some or all licensed MRSS providers shall temporarily assist in covering services in that area via mutual aid until an MRSS provider is designated for the service area.

4.Statewide Response Capacity

a.Because all MRSS providers maintain mutual-aid agreements, each provider is part of the statewide MRSS response network and may be activated to respond outside its primary service areas through the mutual-aid process.

D.Staffing Requirements

1.MRSS providers must meet all ES staffing standards in § 6.2(F) of this Part and ensure the following additional requirements:

aWhen a QMHP performs functions governed by the Mental Health Law, including emergency certification, such activities shall be conducted in accordance with R.I. Gen. Laws § 40.1-5-7 and applicable BHDDH regulations, and do not expand DCYF's statutory authority to approve QMHPs.

bProviders must submit staffing schedules as part of their initial application and every six (6) months thereafter, using a Department-approved template. The staffing schedules must specify staff names and credentials, position titles and roles, regularly scheduled hours and shifts, and on-call coverage including rotation schedules, as well as any other information the Department determines necessary to assess staffing capacity. The Department will review and approve all staffing schedules to ensure that providers maintain adequate staffing levels and appropriate coverage to meet service demands.

cStaff must have access to a child and adolescent psychiatrist or an Advanced Practice Registered Nurse (APRN) certified in Psychiatric/Mental Health for 24/7/365 on-call consultation.

dAll mobile crisis team staff (clinical and paraprofessional) shall receive routine clinical supervision that includes a minimum of one hour of individual supervision and three hours of group supervision per month for full-time staff (pro-rated for part-time staff), and shall have 24/7/365 access to a qualified clinical supervisor.

eStaff composition should reflect the racial, ethnic, linguistic, and gender diversity of the communities served, whenever possible.

2.MRSS providers must notify the Department within 24 hours when capacity is reached, including current caseload, staffing levels, and estimated duration of constraints. Providers shall establish mutual aid agreements with system partners to manage demand spikes, ensuring continuous availability, accessibility, timeliness, and flexibility.

E.Data Collection and Documentation

1.MRSS providers must comply with ES data collection and documentation standards in § 6.2(G) of this Part.

2.Providers delivering Mobile Response and Stabilization Services (MRSS) shall deliver services in a manner consistent with nationally recognized MRSS fidelity standards and will be required to consistently track and report on a set of fidelity measures designed to assess adherence to the core components of the MRSS model. Providers will be expected to submit this data to DCYF on a regular basis, following a reporting schedule and format that will be determined by the Department.

3.Providers must document all interactions and services related to crisis care, including but not limited to triage calls, screening, crisis assessments, biopsychosocial assessments, safety and crisis plans, interventions, stabilization services, and any follow-up or referrals. Documentation must be timely, accurate, comprehensive, clear, accessible to authorized users, and compliant with protected health information (PHI) regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

4.The provider shall establish an internal process to regularly review all MRSS records for completeness, clinical quality, and compliance with documentation standards, and shall develop and implement corrective action plans as needed when deficiencies are identified.

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

214-RICR-40-00-6 § 6.4 LICENSURE PROCESS FOR PROVIDERS OF EMERGENCY SERVICE (ES) AND MOBILE RESPONSE AND STABILIZATION (MRSS) INTERVENTIONS

A.Overview

1.The Department of Children, Youth, and Families (the Department) licenses providers of children’s mental health emergency services under two distinct levels:

a.Emergency Services (ES) Providers: Deliver behavioral health crisis interventions, as outlined in § 6.2 of this Part.

b.Mobile Response and Stabilization Services (MRSS) Providers: Deliver behavioral health crisis interventions and stabilization services for children and youth, as outlined in § 6.3 of this Part, and must meet all ES standards.

2.Organizations applying for licensure as ES or MRSS Providers must submit an application to the Licensing Division at the Department, demonstrating compliance with the standards outlined in § 6.2 of this Part and, for MRSS Providers, additional requirements specified in § 6.3 of this Part.

B.Application Submission

1.Organizations submit applications for ES or MRSS licensure to the DCYF Licensing Division.

2.DCYF reviews applications for completeness within 10 business days. Incomplete applications are returned to the applicant if the applicant does not provide the missing information within 30 calendar days of the date of notification of an incomplete application

3.Organizations may reapply at any time following denial of an initial application. Following revocation of a license or denial of a renewal application, the organization may not reapply for one (1) year from the date of the revocation or denial.

C.Application Requirements for ES Providers

1.Organizations applying to be licensed as ES Providers must submit the following to the Licensing Division:

a.Statement of Assurances: A notarized commitment by the organization to comply with these Regulations; submit monthly activity reports in a format prescribed by the Department; ensure that all staff, volunteers, contractors, and subcontractors who may have direct contact with children successfully complete and maintain current statewide and nationwide criminal record background checks, statewide and national sex offender registry checks, and child abuse and neglect (Child Protective Services) clearances as required by the Department; prohibit any individual with a disqualifying finding from providing services to children under this license; and adhere to all other applicable Department policies and procedures.

b.Organizational Information: Details of the ES program, including name, address, public emergency phone number, and contact information.

c.Documentation of current accreditation by the Council on Accreditation (COA), the Joint Commission, or the Commission on Accreditation of Rehabilitation Facilities (CARF).

d.A description of the organization’s delivery of children’s emergency service interventions, addressing:

(1)Twenty-four (24) hour per day, seven (7) day per week live telephone coverage with language access for non-English speakers and accessibility for deaf/hearing-impaired callers (§ 6.2(C) of this Part).

e.Staffing and Competency:

(1)Documentation of child-family competent clinicians (per § 6.2(F) of this Part) with at least one year of supervised clinical experience with children/adolescents, including credentials (e.g., LICSW, LMHC, RN, MD).

(2)Evidence of a minimum of 10 hours of annual staff training in children’s behavioral health best practices.

f.A commitment to reporting to the Department on monthly activity using the Department reporting format, and a commitment to develop internal review mechanisms to monitor compliance with these standards.

g.A statement identifying the geographical areas the organization can reliably serve based on knowledge of and access to local mental health and community-based services and the organization’s ability to meet the timelines within these standards.

h.Elements of the organization’s quality improvement plan related to children’s behavioral health services describing processes for reviewing ES interventions for compliance, handling complaints, and measuring family satisfaction.

D.Additional Application Requirements for MRSS Providers

1.Organizations applying to be licensed as MRSS Providers must meet all ES Provider application requirements listed in § 6.4(B) of this Part and provide the following additional documentation to demonstrate expertise in delivering child-specific mobile response and stabilization services, as required by (R.I. Gen. Laws § 27-18-95 Acute Mental Health Crisis Mobile Response and Stabilization Services

2.Evidence of at least one year of experience providing Mobile Response and Stabilization Services (MRSS); or prior experience delivering mobile crisis and stabilization services for children and youth, combined with participation in recognized MRSS training or technical assistance to ensure consistency with the MRSS model and fidelity to its core principles. Such experience shall be as verified by DCYF through documentation or other relevant information submitted by the provider, including data on crisis response times, stabilization outcomes, and community linkages.

3.Each MRSS applicant shall identify in its application one or more preferred primary service areas and submit documentation demonstrating its operational capacity to maintain service availability, accessibility, and timely response in those areas, and to participate in statewide coverage through mutual-aid arrangements. Preferred primary service areas may overlap with CCBHC geographic service areas but are not required to do so and shall be subject to Department approval.

4.Policies and procedures for delivering stabilization services post-crisis, including:

a.Evidence of capacity to provide stabilization services, such as clinical services, care coordination, peer support, and other community-based services to address acute behavioral health crises.

b.Protocols for collaborating with youth and families/caregivers to develop and implement individualized crisis and safety plans, incorporating formal, informal, and natural supports tailored to the child and family’s needs.

c.A description of a robust data collection and reporting system capable of tracking stabilization outcomes, including client engagement, service utilization, and disposition data, for Department review.

E.Applicant Eligibility

1.Any organization that provides behavioral health services to children and meets the criteria below may apply to become a licensed ES and/or MRSS provider.

a.The organization is licensed as a Behavioral Health Organization by the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals (BHDDH) or under regulations promulgated by the Department per R.I. Gen. Laws § 42-72.1.

F.Approval Process

1.Review:

a.DCYF reviews Emergency Services (ES) and Mobile Response and Stabilization Services (MRSS) applications within 60 days.

b.At its discretion, DCYF shall request any additional documentation or clarification within fifteen (15) business days of receiving the application or any subsequent submission.

2.Determination:

a.DCYF issues:

(1)Full licensure as an ES Provider, indicating compliance with all ES standards.

(2)Full licensure as an MRSS Provider, indicating compliance with both ES and MRSS standards, subject to Department approval based on state-wide service needs and demonstrated expertise in child-specific mobile response and stabilization services.

(3)Denial: A written explanation shall be provided, along with notice of the applicant's right to request an administrative hearing pursuant to 210-RICR-10-05-2 (Appeals Process and Procedures for EOHHS Agencies and Programs).

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

214-RICR-40-00-6 § 6.5 LICENSING ACTIONS

A.The Department may deny, suspend or revoke a license for an Emergency Services (ES) or Mobile Response and Stabilization Services (MRSS) provider, or curtail specific activities, if the conditions specified in this Section are met.

1.The provider fails to comply with these Regulations or applicable state or federal laws.

2.The provider submits false or misleading information during the licensing process.

3.The provider’s operations pose a health or safety risk to children or clients served.

4.The provider fails to address identified deficiencies within the timeframe specified by the Department.

B.The Department follows the procedure specified in this Section for licensing actions.

1.The Department’s Licensing Administrator or designee sends written notice to the provider’s chief executive, detailing the violation, complaint, or circumstances warranting action and providing a deadline for response.

2.The notice offers the provider an opportunity to meet with the Licensing Administrator to demonstrate why the action should not be taken.

3.If violations persist after the meeting, the Department issues written notification of the licensing action within ten (10) business days, specifying:

a.Requirements for a corrective action plan.

b.Information about the provider's appeal rights.

4.The provider submits a corrective action plan within the timeframe specified by the Department, addressing the violation and providing:

a.Evidence of compliance, or

b.A plan to achieve compliance.

5.If the provider fails to comply with the corrective action plan or meet the deadline, the Department may:

a.Suspend the license; or

b.Revoke the license.

C.The Department may take emergency actions as specified in this Section.

1.If the Director or designee determines that public health, safety, or welfare requires immediate action, the Department may summarily suspend a license or curtail activities, pending further proceedings, in accordance with R.I. Gen. Laws § 42-35-14(c).

2.Written notice of the emergency action and appeal rights is provided to the provider.

D.The Department may revoke or refuse to renew a license if the conditions specified in this Section are met.

1.The provider remains non-compliant with these Regulations.

2.The provider fails to submit required documentation.

3.Continued operation poses an imminent danger to the health, safety, or welfare of clients.

4.The provider fails to correct deficiencies within the timeframe specified in the notice of non-compliance.

E.Providers must comply with requirements for voluntary surrender or closure as specified in this Section.

1.Providers must notify the Department at least ninety (90) days before closing or changing ownership.

2.Upon closure, the license must be returned to the Department.

3.Providers ensure continuity of services for clients for up to:

a.Ninety (90) days, or

b.Until alternative arrangements are made.

4.Providers shall inform the Department of any intention to discontinue participation as a licensed ES or MRSS provider. This includes planned agency closure or discontinuation of ES or MRSS services.

5.Upon providing notice to the Department of the decision to close or discontinue providing ES or MRSS services (referred to as the "Notice of Service Termination"), the provider shall continue to provide such services for up to ninety (90) days or until the Department approves an earlier transition date, whichever is sooner. This ensures continuity of care for clients.

6.In the case of a planned agency closure or service discontinuation, within forty-five (45) days of the Notice of Service Termination, the provider shall develop and submit a written transition plan to the Department.

7.The transition plan must ensure the orderly transfer of all clients receiving services. This includes coordination with other providers, warm handoffs, and linkage to appropriate ongoing behavioral health or community supports.

8.The Department shall review and approve the transition plan prior to its implementation.

9.Clients and their families or guardians shall receive written notice of the provider's termination of services. This notice must include details of the approved transition plan. The notice shall be provided no later than thirty (30) days prior to the approved transition date.

F.Providers may appeal licensing actions as specified in this Section.

1.Providers may appeal any licensing action in accordance with R.I. Gen. Laws Chapter 42-35 and the Executive Office of Health and Human Services (EOHHS) Rules and Regulations for Appeal Process and Procedures (210-RICR-10-05-2).

G.The Department coordinates with other state licensing agencies as specified in this Section.

1.The Department coordinates with other state licensing agencies regarding licensing actions, as required by state regulations or law.

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

214-RICR-40-00-6 § 6.6 LICENSE DURATION AND RENEWAL

A.The continued validity and renewal of licenses are contingent upon adherence to these Regulations.

1.Licenses are issued for a two-year period.

2.Renewal applications, including all required updated documentation, must be submitted to the Licensing Division no later than 90 days prior to expiration.

3.A license remains in effect during the review of a timely renewal application unless it is revoked or voluntarily surrendered.

History

• Amendment — effective from 2026-06-01 to current
• Periodic Refile — effective from 2022-01-04 to 06/01/2026
• Technical Revision — effective from 2012-05-16 to 01/04/2022
• Amendment — effective from 2012-05-16 to 05/16/2012
• Adoption — effective from 2006-09-18 to 05/16/2012

Chapter 50 Legal

Subchapter 00

214-RICR-50-00-1 Legal Proceedings

214-RICR-50-00-1 § 1.1 Purpose

This regulation details the responsibilities of the Department’s Legal Counsel which represents the Department in Family Court proceedings related to child abuse and neglect, in commitment trials and in termination of parental rights, civil litigation in state and federal courts and administrative and labor tribunals.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.2 Authority

These regulations are promulgated pursuant to R.I. Gen. Laws §§ 14-1-5, 15-7-4, 15-7-5, 40-11-7, and 40-12-15, and the Indian Child Welfare Act (ICWA) (Pub. L. 95-608, 92 Stat.3069).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.3 Application

The terms and provisions of these regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals, and policies.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.4 Severability

If any provision of these regulations or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.5 Definitions

A.“Beyond a reasonable doubt” means the most stringent standard of proof and is used in criminal and delinquency proceedings.

B.“Child abuse and neglect (CA/N)” means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare:

1.Inflicts, or allows to be inflicted, upon the child physical or mental injury, including excessive corporal punishment; or

2.Creates, or allows to be created, a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

3.Commits, or allows to be committed, against the child, an act of sexual abuse; or

4.Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

5.Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the child's welfare loses his or her ability or is unwilling to properly care for the child; or

6.Abandons or deserts the child; or

7.Sexually exploits the child in that the person allows, permits, or encourages the child to engage in prostitution as defined by the provisions in R.I. Gen. Laws § 11-34.1-1 et seq., entitled "Commercial Sexual Activity"; or

8.Sexually exploits the child in that the person allows, permits, encourages, or engages in the obscene or pornographic photographing, filming, or depiction of the child in a setting that taken as a whole, suggests to the average person that the child is about to engage in, or has engaged in, any sexual act, or that depicts any such child under 18 years of age performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

9.Commits, or allows to be committed, any sexual offense against the child as such sexual offenses are defined by the provisions of R.I. Gen. Laws Chapter 11-37, entitled "Sexual Assault", as amended; or

10.Commits, or allows to be committed, against any child an act involving sexual penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen (15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator knows, or has reason to know, that the victim is a severely impaired person as defined by the provisions of R.I. Gen. Laws § 11-5-11, or physically helpless as defined by the provisions of R.I. Gen. Laws Chapter 11-37.

C.“Clear and convincing” means the standard used at the trial stage of neglect and abuse proceedings. It is defined as fully convincing or that more than a majority of the evidence points to one conclusion.

D.“Department” means the Department of Children, Youth and Families and includes all current and former employees, agents, student interns, volunteers, contractors, and vendors.

E.“Preponderance of the evidence” means evidence of a greater weight or more convincing that the evidence in opposition to it; that is, evidence which shows that the fact sought to be proved is more probable than not.

F.“Prima facie” means the evidence "on its face" sufficiently sustains the allegations. Such evidence includes the Physician's Report of Examination.

G.“Probable cause” means reasonable grounds to believe that the allegations are true based on a majority of the evidence. In cases of child abuse or neglect, the respondent's counsel can request a hearing at which time the state must show just cause for the removal and continued detention of the child pending trial.

H.“Standard of proof” means how much proof or evidence is required for the state to meet its burden of proof and persuade the judge of its contention. The standard varies, depending upon the nature of the court proceedings.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.6 Voluntary Placement

A.The Department may accept a request for voluntary placement of a child if the child could benefit from foster care or residential treatment services.

B.Voluntary placements may be authorized when precipitating problems are expected to be resolved within six (6) months unless the child has an emotional, behavioral, or mental disorder or developmental or physical disability. It must also be clearly documented that home-based or preventive services have not been successful or do not appear to be appropriate, that alternative resources are unavailable, and that court action is unnecessary.

C.Upon the timely request of a parent(s) or guardian, the Department must return the child to the parent(s) or guardian or obtain a valid court order prohibiting the child’s return.

D.The Department petitions the Family Court within 120 days of admitting a child on a voluntary basis to determine if continued placement outside of the home of the parent is in the child’s best interest.

E.The Family Court conducts a hearing within 180 days of the voluntary placement of the child.

F.Any child in voluntary placement is subject to the same provisions relating to administrative reviews, permanency hearings and time frames for permanency, including termination of parental rights, for all children in out of home placement.

G.When any child, except a child with disabilities, remains in voluntary placement for a period of twelve (12) months, the Department must petition the Family Court to request care, custody and control of the child.

H.The Department will not seek custody of a child with an emotional, behavioral or mental disorder or developmental or physical disability who has been voluntarily placed with the Department by a parent or guardian for the purpose of accessing an out-of-home program for the child in a facility that provides services for children with disabilities when there are no issues of parental abuse or neglect.

I.The Department pays for the support and maintenance of children in its care who are placed outside of their natural home through court action or by Voluntary Application/Authorization/Consent. The Department may seek reimbursement from the parents of children in placement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.7 Indian Child Welfare Act

The Department protects the rights of Indian children, families, and tribes in compliance with the Indian Child Welfare Act (ICWA).

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.8 Obtaining Custody via Dependent/Neglected/Abused Petition

A.The Department petitions the Family Court for the commitment of a child to the care, custody and control of the Department when the child is alleged to be dependent, neglected and/or abused.

B.If the child appears to be in imminent danger of further harm, the Department petitions the Family Court for immediate removal of that child from his/her home through an Ex Parte Order of Detention. The Department must obtain judicial determination regarding reasonable efforts to prevent removal within sixty (60) days of the date the child was removed from the home.

C.Once a petition has been filed, the Family Court may find the child is dependent, neglected and/or abused and may commit that child to the care, custody, and control of the Department or place the child under the legal supervision of the Department.

D.Any child who is alleged to be abused or neglected as a subject of a petition in Family Court, has a Guardian Ad Litem and/or a Court Appointed Special Advocate (CASA) assigned by the Court.

E.A Permanency Hearing must take place within twelve (12) months of a child's placement in foster care and every twelve (12) months thereafter until permanency is achieved and the case closes.

F.If a parent does not contact the Department once the child comes into foster care, the Department attempts to locate the parent. Unless there is evidence of unfitness based on abandonment, cruel and abusive treatment of a child, prior termination of parent rights, or other grounds which allow for immediate filing of a Termination of Parental Rights petition, the Department offers reunification services to correct the situation which led to placement. A permanency hearing is held within thirty (30) days of a judicial determination that reasonable efforts are not required.

G.If a putative father notifies the Department that he may be the father of a child in care, steps are taken to determine paternity. If a putative father appears in court and executes a denial of paternity form or fails to appear at arraignment and is defaulted, the Family Court finds that the Department has no duty to make reasonable efforts to strengthen and encourage the relationship between the child and putative father.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.9 Termination of Parental Rights

A.The Department makes reasonable efforts to prevent or eliminate the need for placement of a child outside the home, as long as the child’s safety is assured; to affect the safe reunification of the child and family, if out of home placement is necessary; and to make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible, as noted in § 1.9(B)(1)(c).

B.Reasonable efforts must be made by the Department prior to the filing of the petition to encourage and strengthen the parental relationship so that the child can safely return to the family. Services are provided to the birth parent(s) of a child in an effort to assist the parent, the child, and the Department in determining the best permanent plan for the child. If services do not result in the reunification of a child with his or her family, the Department has the responsibility to consider adoption or some other permanent plan for the child.

1.There are specific circumstances when federal and state law do not require the Department to make reasonable efforts to preserve and reunify families. Reasonable efforts are not required and the Department may petition the court for termination of parental rights if the Court has determined:

a.Parent has subjected any child to conduct of a cruel and abusive nature;

b.Parent has had his/her parental rights to a sibling of the child terminated involuntarily;

c.Parent has subjected the child to aggravated circumstances, including abandonment, torture, chronic abuse and sexual abuse;

d.Parent has committed murder or voluntary manslaughter on another child of the parent or has committed a felony assault that results in serious bodily injury to the child or another child of the parent or has aided, abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter; or

e.Parent has abandoned or deserted the child.

C.Following the granting of termination of parental rights, a permanency hearing is held within thirty (30) days to address and review the permanency plan for the child.

D.If the Department determines that adoption is the best plan for the child and the parent agrees, the parent can voluntarily terminate parental rights or directly consent to adoption. If the parent is unwilling to relinquish parental rights, the Department petitions the court for involuntary termination.

E.In each case, the Department attempts, through reasonable efforts, to provide services to the biological father with his child. If he cannot be contacted directly by the Department, the biological father has the right to be notified of his child's adoption through legal service or advertisement and his parental rights are terminated before the child is eligible for adoption. If the mother does not identify the biological father, the court, after taking testimony of the mother may give notice to all parties in interest through appropriate newspaper advertisement.

F.The Department petitions the Family Court for the termination of parental rights. After notice to the parent and a hearing on the petition, the Family Court may terminate any and all legal rights of the parent(s) to the child, including the right to notice of any subsequent adoption proceedings involving the child, if the Court finds as a fact by clear and convincing evidence that it is in the best interest of the child(ren) to terminate parental rights and:

1.Parent has willfully neglected to provide proper care and maintenance for the child for a period of at least one (1) year where financially able to do so.

2.Parent is unfit because of conduct or conditions seriously detrimental to the child, such as but not limited to the following:

a.Institutionalization of the parent, including imprisonment, for an extended period;

b.Conduct toward any child of a cruel or abusive nature;

c.Child has been placed in the legal custody or care of the Department and the parent has a chronic substance abuse problem, and the parent's prognosis indicates that the child will not be able to return to the custody of the parent within a reasonable period, considering the child's age and the need for a permanent home. The fact that a parent has been unable to provide care for a child for a period of twelve (12) months due to substance abuse constitutes prima facie evidence of a chronic substance abuse problem;

d.Child has been placed with the Department and the Court has previously involuntarily terminated parental rights to another child of the parent and the parent continues to lack the ability or willingness to respond to services which would rehabilitate the parent; and provided, that the court finds it is improbable that an additional period of services would result in reunification within a reasonable period considering the child's age and the need for a permanent home;

e.Parent has subjected the child to aggravated circumstances, including abandonment, torture, chronic abuse, and sexual abuse;

f.Parent has committed murder or voluntary manslaughter on another of his or her children or has committed a felony assault resulting in serious bodily injury on that child or another of his or her children or has aided or abetted, attempted, conspired or solicited to commit such a murder or voluntary manslaughter;

g.Parent has exhibited behavior or conduct that is seriously detrimental to the child, of a duration that renders it improbable for the parent to care for the child for an extended period;

h.Child has been placed in the legal custody or care of the Department for at least twelve (12) months; and the parents were offered or received services to correct the situation which led to the child being placed, and if there is not a substantial probability that the child will be able to return safely to the parents' care within a reasonable period of time, considering the child's age and the need for a permanent home; or

i.Parent has abandoned or deserted the child. A lack of communication or contact with the child for at least a six (6) month period constitutes prima facie evidence of abandonment or desertion. In the event that parents of an infant have had no contact or communication with the infant for a period of six (6) months, the Department files a petition and the Family Court conducts expedited hearings on the petition.

G.Once the petition is filed, the Department is no longer obligated to make reasonable efforts to strengthen the parental relationship. The parent can continue to exercise his/her right to visit with the child in accordance with the current visitation plan. The Department must motion the Court for approval to alter the visitation plan.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.10 Direct Consent Adoption

A.A parent may voluntarily sign a Direct Consent Adoption petition for the adoption of his/her child by the person(s) currently providing care.

B.The biological parent(s) must be notified of and be present at the hearing on the petition to testify to his/her decision to consent to the adoption.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.11 Foster Parent Notice of Court Proceeding

A.The Department provides written notice to foster parents and relative caregivers with whom children in the care of the Department are placed, of any review or hearing held in Family Court with respect to those children. This includes all hearings scheduled both prior to and subsequent to commitment resulting from dependency/neglect/abuse petitions and all hearings related to termination of parental rights petitions.

B.Foster parents have the right to attend these court proceedings and to present verbal reports or file written reports with the Court regarding the children placed in their care.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.12 Family Court Hearings for Out-of-State Placements

A.The Department is mandated to petition the Rhode Island Family Court for a placement hearing prior to authorizing placement of a child entrusted to the care of the Department in an out-of-state child care facility.

B.A Family Court hearing is not necessary if the child will be placed in the home of a relative or if the out-of-state child care facility is located less than 35 miles from the home of the parent previously having custody of the child.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.13 Referral of Unlicensed Daycare Facilities to the Attorney General Office

A.The Department investigates any complaints received regarding unlicensed daycare operations.

B.If it is determined that daycare is being provided, the Department sends written notification requiring the individual(s) to cease and desist from providing unlicensed day care and giving the individual(s) thirty (30) days to begin the licensing process. Failure to comply with the cease and desist order will result in referral to the Attorney General’s office for enforcement.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.14 Coordinating Efforts with Office of the Attorney General in Criminal Prosecution

A.Pursuant to R.I. Gen. Laws § 40-11-7, if the Department has reasonable cause to know or suspect that a child has been subjected to criminal abuse or neglect, the Department will immediately forward any information relating to the knowledge or suspicion to the appropriate law enforcement agency.

B.The Office of the Attorney General is vested with the legal responsibility to determine whether or not legal grounds exist to pursue criminal prosecution in cases involving child abuse and/or neglect. In many of these cases, the Department has intervened to provide services intended to ensure for the protection and safety of children who are victims of child abuse and/or neglect. In such cases, it is important that staff within the respective agencies coordinate efforts to ensure the safety and protection of these children.

C.Upon notice of a criminal investigations of child abuse and/or neglect from a law enforcement agency, the Juvenile Division of the Office of the Attorney General (AG) forwards a request for information to the Department’s Office of Legal Counsel.

D.The Department’s Legal Office provides the AG’s Office with the following information:

1.A copy of the Child Protective Services (CPS) investigation which relates to the criminal investigation.

2.Conformation as to whether or not the Department has initiated a child protection custody petition and/or whether or not the case is currently active with the Department.

3.Name and telephone number of the casework supervisor assigned to the case.

E.The AG’s Office contacts the assigned casework supervisor to determine the status of the child’s placement and the Department’s visitation plan with the alleged offender.

F.If the Office of the Attorney General proceeds with the filing of criminal charges, the AG’s office forwards a copy of the criminal information package to the Department’s Legal Office.

G.The AG’s Office notifies the Department of the disposition of the criminal charges, including the initiation of a “no contact order” and/or any modification of any outstanding no contact orders.

H.The Department notifies the AG’s Office of any change in the offender’s access to the child through visitation, placement, or otherwise.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

214-RICR-50-00-1 § 1.15 Videotaping of Child Abuse and/or Neglected Victims

A.Interviews or statements of children victims who otherwise would risk additional emotional harm can be recorded on videotape. The twofold intent of the Department in videotaping a child is:

1.to avoid unnecessary and/or repetitive interviews; and

2.when possible, to use the videotape in lieu of at least a portion of the child's direct testimony in Family Court.

B.To be most effective, videotapes are recorded at the earliest possible point in the Department's intervention.

C.If all specified prerequisites have been met, including having the child available for cross examination, then the videotaped interviews or statements recorded by the Department, law enforcement officers, and hospitals may be introduced into evidence in the Family Court proceedings as initiated by the Department pursuant to R.I. Gen. Laws §§ 40-11-7, 14-1-32, and 14-1-34.

History

• Periodic Refile — effective from 2022-01-04 to current
• Adoption — effective from 2018-12-03 to 01/04/2022

Chapter 60 Training School

Subchapter 00

214-RICR-60-00-1 Rules and Regulations of the Rhode Island Training School

214-RICR-60-00-1 § 1.1 Purpose

A.R.I. Gen. Laws § 14-1-36.2 provides that children and youth placed in the custody of the Department of Children, Youth and Families (hereinafter, the Department) receive suitable treatment, rehabilitation and care in the least restrictive environment.

B.The mission of the Rhode Island Training School (RITS) is to provide care in a secure facility to youth who are detained or adjudicated by order of the Family Court. The Training School promotes public safety and rehabilitation of residents through a comprehensive continuum of services provided in partnership with families, the community, and the Department in the least restrictive setting compatible with youth and community safety. Supervision, security, education, behavioral health, health and transition services are provided in an individualized, culturally, and gender sensitive manner.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.2 Authority

A.These Regulations are promulgated pursuant to R.I. Gen. Laws Chapters 42-72, 42-72.1, R.I. Gen. Laws §§ 42-72-2, 42-72-3, 42-72-4, 42-72-5, 42-72-15, 42-72.6-1, 42-72.6-2, 42-72-17.2, 14-1-3, 14-1-6, 14-1-6.2, 14-1-27, 14-1-36.1, 14-1-36.2, 14-1-40, Prison Rape Elimination Act of 2003, Pub. L. No. 108-79, Juvenile Justice and Delinquency Prevention Act of 1974, Pub. L. No. 93-415, Individuals with Disabilities Education Act, Pub. L. No. 94-142.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.3 Application

A.The terms and provisions of these Regulations shall be liberally construed to permit the Department to effectuate the purposes of state law, goals and policies.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.4 Severability

A.If any provision of these Regulations or application thereof to any person or circumstance is held invalid by a court of competent jurisdiction, the validity of the remainder of the regulations shall not be affected thereby.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.5 Definitions

A.“Department” means the Department of Children, Youth and Families.

B.“RITS” means the Rhode Island Thomas C. Slater Training School for detained or adjudicated youth. Youth are placed at the RITS by order of the Family Court.

C.“Sexual abuse” means any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:

1.Sexual contact;

2.Penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and

3.Any other intentional touching;

4.Any attempt, threat, or request to engage in sexual activities;

5.Any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of an inmate, detainee, or resident; and

6.Voyeurism by a staff member, contractor, or volunteer.

D.“Sexual harassment” means any verbal comment of gesture (welcome or not) of a sexual nature including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing or obscene language or gestures.

E.“Sick call” means a scheduled time at which residents may report as sick to the RITS nurse.

F.“Specific and credible threat to safety” means intentionally saying something or acting in a way that would make a reasonable person afraid for his or her safety or the safety of others.

G.“Voyeurism” means an invasion of privacy of a resident by staff for reasons unrelated to official duties, such as peering at a resident who is using a toilet to perform bodily functions; requiring a resident to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a resident’s naked body or of a resident performing bodily functions.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.6 General Administration

A.The Department of Children, Youth and Families is the governing authority for the Division of Youth Development.

B.The Division of Youth Development maintains the Training School as required by statute to meet the rehabilitation and community safety needs of male and female youth placed by order of the Family Court.

C.All Training School employees, and all contractors and consultants who do business at or in any of the components of the Training School, must undergo criminal background checks and must submit to the following criminal background checks every fifth (5th) year of their employment or contractual/consultant relationship with the Training School.

1.Such background checks are conducted during the anniversary month of the employee’s date of hire or assignment to the Training School. In the case of contractors/consultants, such background checks are conducted during the anniversary month of the start of that individuals work with the Training School.

2.Five-year criminal background checks are done using State Bureau of Criminal Investigation (BCI) checks.

3.For employees covered by this policy, failure to submit to these checks may be used as cause for disciplinary action, up to and including dismissal from employment with cause.

4.For consultants and contractors covered by this policy, failure to submit to these checks may be used as cause for termination with cause of any and all agreements for consulting or contracting with the Department, with the consultant/contractor forfeiting any and all future payments within their contract for services with the Department.

5.Any criminal information found in these checks are subject to administrative review and appropriate disposition.

D.The Superintendent and administrators of the Training School ensure that all employees and/or vendors providing services to residents are licensed and/or certified and/or qualified as required by the Department of Children, Youth, and Families, the Department of Health, and the Department of Elementary and Secondary Education.

E.R.I. Gen. Laws § 16-21-28 requires the establishment of a district wide coordinated school health and wellness subcommittee chaired by a full member of the school committee.

1.The RI Training School convenes a Wellness Committee that is composed of, at the minimum: an administrator, a representative from the kitchen, a physical education/health teacher and/or culinary arts teacher, a clinical team member, youth, parents/guardians, and community members when available. Members of the public, students, and community organizations are encouraged to attend these public meetings.

2.This committee will meet no less than four times during the school year.

F.Residents of the Training School confined to any facility must be provided with the following:

1.A room equipped with lighting sufficient for a resident to read by until time designated for “lights out” within the training school;

2.Sufficient clothing to meet seasonal needs;

3.Clean bedding, including blankets, sheets, pillows, and pillow cases;

4.Personal hygiene supplies, including soap, toothpaste, towels, toilet paper, and a toothbrush;

5.A change of undergarments and socks daily;

6.Minimum writing materials, paper, and envelopes;

7.Prescription eyeglasses, if needed;

8.Equal access to all books, periodicals and other reading materials located at the training school, and daily access in their rooms to their own books, periodicals, and other reading materials;

9.Reasonable access to phones to contact parent(s) and attorney;

10.Daily showers;

11.Daily recreational activities;

12.General correspondence privileges;

13.Visitation;

14.Education, counseling, psychological and psychiatric services which are court ordered and/or part of the resident’s Comprehensive Assessment/Individual Treatment Plan are provided in designated areas; and

15.Three meals a day and regular access to canteen services. Residents are prohibited from storing food in his or her room.

G.Subject to budget appropriation, the Department establishes an account into which earnings of the residents are placed, monitored, and disbursed.

1.No individual, including family members, can contribute funds to residents in person during visits or through mail.

2.Residents are not permitted to carry cash at any time.

H.Residents are provided the ability to practice preferred religious services on a voluntary basis.

1.6.1Resident Handbook

A.Within 24 hours of a resident’s admission, facility staff provide each resident a copy of the Resident Handbook and discuss the rules governing conduct at the institution, including chargeable offenses and the range of penalties and disciplinary procedures and incentives for good behavior.

1.The Resident Handbook includes information for youth on their rights and PREA safeguards and includes information on how to report sexual harassment and/or sexual abuse, and a place for the youth to sign acknowledging that the youth has received such information.

2.When a literacy or communication problem exists, a staff member assists the resident. Interpreters are available, as required. Staff or interpreters communicate with the resident in a manner that he/she understands.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.7 Prison Rape Elimination Act

A.The RITS complies with the federal Prison Rape Elimination Act (PREA) to provide a safe and therapeutic environment for all youth. Department Operating Procedures outline and implement a comprehensive approach to preventing, detecting and responding to sexual abuse, including voyeurism, and sexual harassment.

B.Any physical contact of a sexual or sexualized nature between any RITS provider, vendor, contractor, volunteer, or staff toward a youth detained or adjudicated at the RITS is deemed abusive; such contact is reported to the Child Protective Services (CPS) Hotline and is subject to an investigation by CPS.

1.The Department has zero tolerance for voyeurism or sexual harassment by any Department provider, contractor, volunteer or staff toward a youth detained or adjudicated at the RITS and includes voyeurism and/or sexual harassment as a form of sexual abuse.

C.Any Department staff engaging in sexual abuse or harassment toward a child/youth in care or detained or adjudicated at the RITS is subject to discipline up to and including dismissal without warning and referred to law enforcement agencies unless the activity was clearly not criminal, and to relevant licensing bodies, as appropriate.

D.Any contractor, provider, intern or volunteer who violates Department sexual abuse or harassment policies is prohibited from contact with residents and reported to law enforcement agencies, unless the activity was clearly not criminal, and to relevant licensing bodies, as appropriate.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.8 Initial Assessments and Service Planning

A.Intake includes but is not limited to administration of:

1.A validated mental health screening tool within 48 hours of detention that enables clinicians to determine the presence of acute mental health issues which may require prompt intervention.

2.A risk assessment instrument designed to structure appraisals of violence risk and risk management plans for adolescents, completed within 30 days of adjudication.

B.A validated comprehensive assessment is completed within 30 days of a youth’s adjudication which evaluates a broad spectrum of mental health and substance abuse issues to determine necessary levels of treatment.

1.Treatment goals identified through the comprehensive assessment process are documented in the treatment planning section of RICHIST.

2.Documentation includes the status of a child’s risk need areas including: disruptive behavior/personality, attitudes/orientation, emotional stability, substance abuse, family, peer relations, and education/employment as well as protective factors.

C.The assessment process includes parent(s)/caregiver(s) who have contact with the child and are providing care.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.9 Education Program

A.The RITS must provide residents educational programming approved by the Rhode Island Department of Elementary and Secondary Education that conforms to all state and federal laws. The RITS submits a detailed comprehensive education plan to RIDE for approval in compliance with R.I. Gen. Laws § 42-72.6-2.

1.The General Education Development Program (GED) provides residents with the opportunity to obtain an alternative diploma in conformance with state and federal law.

a.Eligible residents are assessed for enrollment in the GED program. The assessment determines the resident’s desire and ability to obtain a GED.

b.Residents meet the criteria established in the “Regulations of the Council on Elementary and Secondary Education Governing the Rhode Island High School Equivalency Program” to participate in GED programming and to receive a passing score.

c.The GED program is provided at no cost to residents.

2.Post-Secondary programming encourages residents to begin and/or complete degrees or certifications in a variety of fields related to career and technical educational areas (including the opportunity to participate in RITS on-site vocational programming) and improves residents’ access to scholarships, fellowships, funding, stipends and other incentives during transition to the community and/or may provide an opportunity for an on-grounds paid job.

3.Special Education and Section 504

a.In conformance with the federal law, the Alternative Education Program at the RITS ensures that students determined eligible for Special Education and/or Section 504 Rehabilitation Act Services are provided the supports and services to which they are entitled in accordance with law.

b.To classify a resident as learning disabled for Special Education purposes, the Education Program:

(1)Does not require a severe discrepancy between intellectual ability and achievement.

(2)Utilizes a resident’s response to scientific, research-based intervention process, as required by the RI Department of Elementary and Secondary Education.

c.If a resident’s response to intervention suggests he/she may be eligible for Special Education Services, necessary evaluations are conducted:

(1)Evaluations begin within ten school days of receipt of parental consent.

(2)Evaluations are completed within sixty calendar days of parental consent.

(3)An eligibility determination meeting is held.

(4)A written report of the evaluation team is made available to the resident’s home/ community school district and parents, as well as the IEP team, if it is determined that the resident is eligible for special education services.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.10 Clinical Services

A.Providers of health, dental and behavioral health care are prepared and credentialed in conformance with the licensing and certification requirements of the RI Department of Health, RI Department of Children, Youth, and Families and/or the Department of Elementary and Secondary Education.

1.Final judgments regarding medical care for residents are made by a physician or nurse practitioner and regarding dental care by a dentist.

a.Credentialed health care providers, including but not limited to registered nurses, nurse practitioners, physician assistants, registered dental hygienists and certified dental assistants, practice within the parameters defined by the RI Department of Health (RIDOH).

b.Standing medical orders are written by physicians or nurse practitioners, are reviewed regularly and are revised as necessary.

2.Residents have daily access to medically necessary health, dental and behavioral health services and 24-hour access to emergency health, dental and behavioral health services.

a.Pharmaceuticals are managed, prescribed and administered by qualified personnel pursuant to an appropriate examination of the resident.

b.For residents requiring a special health program or close medical supervision, an individualized plan is developed.

B.In the event of serious illness, injury or death, the resident’s parents or legal guardians are notified as soon as possible. In addition, staff notify the Superintendent in compliance with § 1.18 of this Part.

C.The content, quality and periodicity of health, behavioral health and dental care conforms to the relevant standards of the Rhode Island Department of Health, the American Psychiatric Association, the American Academy of Pediatrics, the American Dental Association and the U.S. Centers for Disease Control.

1.Interventions are individualized for each resident and calibrated to the seriousness and urgency of the presenting need.

2.Each resident is provided an explanation of interventions consistent with his or her cognitive and developmental capacity, language barriers or disabilities.

3.To ensure medical confidentiality, interventions are delivered in private.

a.Any exception to the medical confidentiality of a resident requires the finding by the Superintendent or designee that the safety or security of the resident or staff requires staff supervision.

b.When the safety or security requires the presence of staff during a routine or scheduled physical examination or intervention, supervision is provided by staff of the same sex as the resident.

(1)In the case of a transgendered or intersex identified youth, the youth may identify the preferred gender of the supervising staff.

D.Staff secure appropriate consent before providing treatment to detained or adjudicated residents provided however that a resident may receive medically necessary emergency medical treatment before such consent is given.

1.The consent of the resident’s parent or legal guardian is required for residents under the age of 18 with the exception for the treatment of sexually transmitted infections or for the treatment of substance abuse.

2.If medically necessary emergency medical treatment is provided before parents/legal guardians sign the Consent for Medical Treatment or Authorization for Medication Forms, parents are notified as soon as possible.

3.If consent cannot be secured, treatment is rendered if the resident’s condition poses an imminent danger to him/herself or others. In some cases, such as, when treatment is refused on personal or religious beliefs, a court order may be sought.

E.Any resident grievance related to health care is deemed a potential emergency and managed in conformance with § 1.16 of this Part: “Resident Grievance Procedure”.

F.Medical, dental and behavioral health screening begins at intake to the RITS.

G.Medically trained personnel monitor and respond to residents’ health needs daily.

1.In no circumstance is resident access to medical care denied by staff.

2.Review of results of medical or dental examinations, tests or the identification of problems is performed by a physician, nurse practitioner, dental hygienist, or dentist.

H.The Clinical Director, in collaboration with the Medical Director, annually reviews and approves protocols for the management of serious and infectious diseases. The RITS adheres to the recommendations of the RIDOH and the U.S. Centers for Disease Control.

I.Health, behavioral health and dental records are managed in a manner compatible with the confidential relationship between a resident and his/her doctor as well as the security of the facility.

J.Health Education is provided to residents. In addition, staff provide individualized information on sound health and hygiene practices related to each resident’s needs during the provision of health, behavioral health and dental care.

K.Resident participation in medical, cosmetic or pharmaceutical experimentation is prohibited because residents confined in a juvenile correctional facility are incapable of volunteering as a human subject without hope of reward and, therefore, cannot do so on the basis of fully informed consent. A resident may participate in a clinical trial of a medical treatment specific to his/her individual treatment needs if the:

1.treatment is medically necessary; and

2.fully informed consent has been secured from the resident or parent in conformance with § 1.10(D) of this Part above;

3.prior, written permission of the Superintendent has been secured; and

4.clinical trial is conducted by appropriately credentialed providers in accredited facilities accredited pursuant to documented Internal Review Board’s approval.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.11 Resident Telephone Calls

A.Newly-admitted residents may call his or her parent(s) or legal guardian(s) at the time of admission. In addition, residents are also afforded an opportunity to call an attorney, if requested. Staff maintains visual supervision but does not monitor the conversation of the resident while he/she speaks to his/her attorney privately.

B.A resident is afforded prompt access to the telephone if he/she asks to contact the Department’s Child Protective Services Hotline. Staff maintains visual supervision but does not monitor the conversation of the resident while he/she speaks to the Child Protective Services Hotline privately.

C.A resident is afforded prompt access to the telephone if he/she asks to contact the RI Office of the Child Advocate (hereinafter, OCA). Staff maintains visual supervision but does not monitor the conversation of the resident while he/she speaks to the OCA privately.

D.Staff may not restrict calls to or from a resident's attorney at reasonable times.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.12 Mail

A.All outgoing mail shall be transmitted without delay, unopened, uncensored and uninspected.

B.All incoming mail may be opened and inspected for contraband only in the presence of the resident, but letters may not be read or delayed.

C.The Superintendent may prohibit mail between a resident and someone other than an attorney, a member of the press, or public official if good cause is shown that said prohibition is necessary for the rehabilitation and treatment of said resident and provided that whenever mail is prohibited, the resident shall be given an opportunity to object, personally or in writing, and he/she shall receive a final written decision with reasons from the Superintendent.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.13 Visitation

A.Each resident is afforded an opportunity for a minimum visit of at least ninety (90) minutes per week. Residents on levels three (3) and four (4) are afforded a second family visit of ninety (90) minutes.

B.The Unit Manager develops a visitation list with the resident upon entry to the facility. The Unit Manager explains to the resident any exclusion from the approved visitation list.

C.Special visits may be approved to address scheduling conflicts or special events or special visitors or to accommodate a family event/emergency.

D.The resident or family member requests such a visit from the clinical social worker or Unit Manager, who provides a timely response.

E.All visitors are subject to a criminal record background check and a child protective services clearance check prior to being approved for visitation. Family members with criminal records are not automatically prohibited from visitation, only individuals who pose a specific and credible threat to the safety of the residents or the security of the facility are excluded from visitation.

1.Individuals who are identified in a no contact order involving a youth or a member of the youth’s family issued by a court of competent jurisdiction are excluded from visitation.

F.All visitors are subjected to a search upon entry to the facility.

G.Visitors are prohibited from bringing contraband in to the facility at any time. The contraband and search policy for visitors is posted at the entrance to the facility.

H.Visitors may ask questions or register complaints about the treatment of youth. Staff, the Unit manager on duty or administrators promptly reply to such questions or complaints. In addition, families may utilize the facility grievance procedure; refer to § 1.16 of this Part: Resident Grievance Procedure.

I.The facility hosts regular forums at which families of detained youth may voice issues of concern, offer suggestions for improvement and obtain needed information about institutional policies and practices. Appropriate arrangements are made if necessary to communicate with parents or guardians who are limited English proficient.

J.Residents on disciplinary status are not deprived of visits as a punishment. Residents on disciplinary status may have visits as specified herein unless such visits would pose a threat to the safety of the residents and/or security of the facility.

K.The resident may grieve a denial of any visit in conformance with § 1.16 of this Part: Resident Grievance Procedure.

L.The Training School has a right to modify visits based on emergencies such as lock down, unit lock down, facility evacuation, and natural disasters.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.14 Juvenile and Adult Offender Interaction

A.Only juveniles under the jurisdiction of the Family Court reside at the Training School.

B.In the event that any contact or visitation is sought between a resident and a parent who is an adult offender, meaning the adult is incarcerated at an adult correctional facility, the permission of the Superintendent or designee is required.

1.The unit Clinical Social Worker and Manager outlines the reasons why such contact and/or visitation is in the resident’s best interest, the nature of the adult’s offenses and his or her institutional adult record.

2.If visitation is requested, the Manager and Clinical Social Worker include, if available, the names and titles of the Adult Correctional Institution (ACI) staff who will supervise the adult offender and the names of the Training School staff who will supervise the resident.

3.If the Superintendent or designee approves contact and/or visitation, it is conducted in a setting that precludes interaction with Training School residents unrelated to the parent and in which supervision necessary to assure the resident’s safety and well-being is continuously provided.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.15 Resident Searches

A.A resident is subject to a search at any time, in accordance with Department Operating Procedures.

BSearches of residents are always conducted in strict conformance to departmental training and may include:

1.Pat Down Search;

2.Search utilizing electronic means including hand held or stationary metal detectors;

3.Search upon detainment;

4.Clothed Body Search; or

5.Strip Search.

C.Strip Searches

1.No resident is subject to a strip search as harassment or for the purpose of punishment or discipline.

2.No resident is subject to a strip search upon detainment without an individualized determination that there is a reasonable suspicion based on specific and articulated facts to believe that he/she is concealing a weapon or possesses contraband. Reasonable suspicion may be based upon, but is not limited to the following:

a.Nature of the offense: violent delinquent offenses and drug possession offenses which provoke suspicion that the resident is concealing a weapon or contraband.

b.Appearance and demeanor: a resident presents an unusual and inordinately nervous demeanor, conducts himself/herself in a manner that suggests he/she is attempting to conceal something or appears to be under the influence of any narcotic drug or alcohol or otherwise acts in a suspicious manner.

c.Circumstances surrounding the arrest and apprehension: including the nature of any charges brought against the individuals with whom the resident was associating and degree of resistance offered at the time of this arrest.

d.The resident’s prior record: a lengthy juvenile record, particularly for crimes of violence and narcotic offense, possession and/or use of firearms or other deadly weapons; and prior involvement in illegal drugs.

e.The resident’s history at the Training School: a resident has been the subject of prior institutional discipline for the possession of weapons or other contraband or repeated, violent acts against staff and/or other residents.

f.The discovery of evidence of contraband or a weapon in plain view or in the course of a Pat Down or Electronic Search or Search upon Detainment.

3.An adjudicated or detained resident may be subject to a strip search following visitation or return from an off-ground transport only if an individualized, reasonable suspicion based on specific and articulated facts exists that he/she is concealing a weapon or possesses contraband.

4.Any authorized strip search must be conducted as follows:

a.A thorough pat down search and metal detection precedes the strip search.

b.A strip search is always conducted by staff of the same gender as the resident.

c.Staff always conduct the search in a private place (one resident at a time) and in a professional manner that recognizes the human dignity of the resident.

d.Because strip searches are humiliating experiences and may trigger severe reactions, especially from youth with histories of abuse or disabilities, all strip searches are conducted in a manner that minimizes unnecessary distress to the resident.

e.Staff ensure that the resident is not on camera during the search. Staff stand in clear view of the camera during the search.

f.If it is not possible to position staff or the resident in a private place, staff search the resident in the presence of another staff. Both staff are of the same gender as the resident.

g.Any manual or instrument inspection of a resident’s body cavities is conducted only by medical personnel with prior approval of the Superintendent. Staff notify parents or guardians if a resident is subject to a physical body cavity search.

5.Except in exigent circumstances, any search of a resident is conducted by a staff member of the same gender as the youth or, in the case of a transgender or intersex identified youth, by a staff member of the gender that the youth has identified as the preferred gender for this purpose. Any search of a resident complies in all respects with the requirements of the Prison Rape Elimination Act as detailed in Department Operating Procedure as well as in Department training.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.16 Resident Grievance Procedure

A.Staff ensure that residents are informed of the grievance procedure.

1.Social Workers and Unit Managers inform each newly admitted resident of the existence of the grievance procedure, including the:

a.emergency grievance process,

b.steps that must be taken to use it, and

c.names of the persons or positions designated to resolve grievances.

2.Staff provide the resident with the written grievance procedures and ask the residents whether they understand the grievance process.

3.Residents with limited cognitive or communication skills are provided assistance and/or translation services necessary to participate meaningfully in the process.

B.A resident’s family includes parents, immediate family members responsible for the resident’s welfare, guardians, or other custodians of the resident.

1.A family member may assist the resident in submitting a grievance.

2.If a resident’s family member assists in initiating a grievance, the family member must be given an opportunity to participate in any formal meetings relevant to the grievance.

C.Residents or family members acting on behalf of residents:

1.Initiate the grievance process by submitting the first level grievance forms, which are available and accessible to residents in their housing units, school, gym, health clinic, visiting areas, and upon request.

2.Obtain and submit the Resident Grievance Form confidentially.

3.Indicate on the Resident Grievance Form whether or not he or she wishes to have the assistance of a Resident Grievance Liaison, a staff member not involved in the incident being grieved, or a family member to help him/her in the process.

4.Submit written grievances by placing them in a locked grievance box or by delivering them to the Unit Manager.

a.Each housing unit has one locked grievance box in an area of the unit accessible to residents.

b.The Unit Manager checks every grievance box in his/her unit at least one time during his or her regularly assigned work day.

5.Residents receive responses to their grievances that are respectful, legible and address the issues raised.

6.If a grievance is found valid, the Superintendent or designee ensures immediate and appropriate action to remedy the issue.

D.Grievances and the results of grievance investigations are fully documented. The Superintendent or designee regularly analyzes Resident Grievance Forms (whether granted or denied) for patterns or trends.

E.This grievance procedure does not apply to any allegations of criminal activity or abuse by staff or residents, whether physical, sexual or verbal.

1.These allegations are handled through the Office of the Child Advocate (OCA) and/or the Department’s Child Protective Services and/or the RI State Police.

2.Residents and families are informed of this limitation.

F.If the Unit Manager determines that a Level I grievance challenges the interpretation or application of promulgated policy, he/she refers the grievance to a Deputy Superintendent and informs the resident, family member assisting the resident, the Grievance Liaison or designated staff of this decision.

1.The grievance commences as a Level II grievance.

2.The grievance is subject to the procedures set forth for each level of review, except that each decision maker is allowed thirty (30) days to provide a written response regarding a grievance or appeal to the resident and any individuals, including family members, who are assisting him/her.

G.Level I – Unit Level

1.The resident completes the Resident Grievance Form and places it in the locked grievance box or informs staff or a Resident Grievance Liaison, who assists him/her in completing the Resident Grievance Form.

2.This same process is utilized by a family member assisting the resident. When a family member files a grievance on behalf of a resident, he/she files the Resident Grievance Form with the Unit Manager or designee.

3.Upon receipt of the grievance, the Unit Manager or designee assigns a complaint number utilizing a sequential numbering system which includes the unit and the year (e.g., No. I-D-87).

4.If the resident requests assistance from the Resident Grievance Liaison or designated staff, the Unit Manager refers the resident and/or family member in assisting the resident to the pertinent individual within one (1) business day of receipt of the grievance.

5.Residents in detention have the right to request and receive the assistance of staff not involved in the matter being grieved.

6.The Unit Manager investigates the grievance and meets with the Resident Grievance Liaison or staff assisting the resident and the aggrieved resident within five (5) business days following the date the grievance was received.

a.No staff alleged to be involved in the grievance investigates the grievance.

b.Any family member who is assisting the resident in the grievance process is informed of and may attend the meeting.

7.Within seven (7) business days following the date received, the Unit Manager or designee grants or denies the grievance.

a.The Unit Manager informs the resident and any family member who is assisting the resident, the Resident Grievance Liaison or staff assisting the resident of the decision in writing.

b.The resident, any family member who is assisting the resident, the Resident Grievance Liaison or staff assisting the resident may file an appeal either by placing the Resident Grievance Form in the Unit’s grievance lock box or informing the Unit Manager.

c.The Unit Manager records the outcome of each grievance and notes on the grievance form whether the grievance was satisfactorily resolved or whether the resident appealed the grievance decision.

d.If the decision is appealed, the grievance is forwarded to the Deputy Superintendent for Level II review.

e.The resident, family member assisting the resident, the Resident Grievance Liaison or staff assisting the resident receives a copy of the completed form.

H.Level II – Administrative Level

1.The Deputy Superintendent meets with the Resident Grievance Liaison or staff assisting the resident, the Unit Manager, and the aggrieved resident within seven (7) business days of the receipt of the appeal. Any family member assisting the resident is informed of and may attend this meeting.

2.The Deputy Superintendent discusses the grievance with the parties to attempt to resolve the matter.

3.If the grievance cannot be resolved, the Deputy Superintendent makes and documents a decision on the Resident Grievance Form within five business (5) days of the meeting.

4.A copy of the Deputy Superintendent’s decision is forwarded to the resident, any family member assisting the resident and the Resident Grievance Liaison or staff assisting the resident.

5.If the aggrieved resident is not satisfied with the decision of the Deputy Superintendent, the resident, a family member who is assisting the resident in the grievance procedure, the Resident Grievance Liaison, or the staff assisting the resident files an appeal in the Unit’s grievance lock box.

a.The Unit Manager forwards the appeal to the Deputy Superintendent within one (1) business day of receipt.

b.The Deputy Superintendent forwards the appeal to the Office of the Child Advocate for review within five (5) business days of receiving notice that the resident requests a Level III review.

I.Level III – Third Party Review

1.The Office of the Child Advocate (OCA) meets with the Unit Manager, the Deputy Superintendent, the aggrieved resident, the Resident Grievance Liaison or staff assisting the resident within ten (10) days of receiving the Level III review request.

2.Any family member assisting the resident in the process is informed of and may attend this meeting.

3.The OCA submits a written decision, which includes a recommendation for disposition of the grievance, to the Superintendent on the Resident Grievance Form no later than ten (10) days after his/her review.

4.Within seven (7) days of receipt of the OCA recommendation, the Superintendent issues a decision on the back of the Resident Grievance Form.

J.Level IV – Superintendent Review

1.If the Superintendent does not adopt the recommendation of the Advocate, he/she includes a statement explaining his or her decision to reject said recommendation.

2.The Superintendent considers whether the implementation of the recommendation would:

a.constitute a violation of law or promulgated policy;

b.create a security breach;

c.result in physical danger to any person;

d.require expenditure of funds not reasonably available; or,

e.be detrimental to the public or the proper and effective accomplishment of the duties of the Division in the judgment of the Superintendent.

3.The Superintendent forwards a copy of his or her decision to the OCA, the Deputy Superintendent, the Unit Manager, the aggrieved resident, any family member who assisted the resident, and the Resident Grievance Liaison or staff assisting the resident.

4.If the Superintendent sustains the recommendations of the OCA, the Unit Manager implements the recommendation in accordance with the directions of the Superintendent.

K.Emergency Grievance Process

1.A resident may file an emergency grievance in the event of risk of serious bodily injury, possible breach of security, or the immediacy of an issue that cannot be addressed in a timely manner through the normal grievance process.

2.Any resident grievance related to health care is deemed a potential emergency; determination of emergency status is made in conformance with § 1.20(K)(3)(b) of this Part, below.

3.A resident may file a Resident Grievance Form with any staff.

a.An oral request by a resident to use the emergency grievance procedure is sufficient to initiate the process.

b.Staff receiving a Resident Grievance Form or oral request immediately notifies the Master Control Center (MCC). The MCC notifies the Superintendent or designee who determines whether the grievance constitutes an emergency.

c.If the emergency grievance process is commenced orally, the staff assists the resident in completing the Resident Grievance Form.

4.If the grievance constitutes an emergency, the Superintendent or designee immediately takes any corrective measures necessary to resolve the grievance, including preventing a risk of serious bodily injury or breach of security.

a.The Superintendent or designee immediately notifies the Unit Manager of the incident and any actions taken to resolve the grievance.

b.The Unit Manager meets with the resident as soon as possible to discuss the incident and ensure satisfactory resolution of the grievance.

5.If the grievance is determined not to constitute an emergency, it is handled through the grievance process beginning at the first level of review. A copy of the Resident Grievance Form is forwarded to the Unit Manager and the aggrieved resident to initiate the process.

6.The parent(s) or guardian(s) of a resident who files an emergency grievance receives a copy of the Resident Grievance Form and is informed of any action taken as a result of the grievance.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.17 Food Service

A.Meals or snacks must never be withheld as a form of discipline.

B.Food is stored and prepared in conformance with 216-RICR-50-10-2, Certification of Managers in Food Safety and 216-RICR-50-10-1, Rhode Island Food Code.

C.Accurate records of meals planned and served as well as all documentation required by federal, state and local code regarding sanitation and food safety are maintained.

D.Requests for special diets based on health needs of residents are made to the dietary staff by medical personnel to provide a nutritional and medically appropriate diet for the resident.

E.Reasonable requests for special diets for religious purposes are accommodated.

F.Residents are served meals in an appropriate setting with consistent supervision as well as safe, hygienic handling and storage of food.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.18 Notice to Superintendent

A.Significant events or situations that threaten the safety or security of residents and/or staff must be reported immediately to the Superintendent, the Administrator-on-Call and the Chief of Staff of the Department of Children, Youth, and Families.

B.Incidents include but are not limited to:

1.Injury to employees or residents which involves emergency treatment

2.Death of residents or staff

3.Escape or attempts to escape

4.Any fights between individuals involving a weapon

5.Fires

6.Bomb scares that require evacuation

7.Major property loss or damage

8.Any behavior incident of a resident or group of residents that involves the assistance of State or Municipal Police

9.Suicide attempts

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.19 Discipline

1.19.1General Discipline

A.Staff attempt to re-direct residents to solve routine behavior problems through discussion and informal interaction with residents.

B.Employees are prohibited from:

1.Degrading a resident;

2.Delaying or refusing a resident access to medical care, daily showers, clean laundry, clean linen, or meals or snacks as a form of discipline or while on discipline;

3.Refusing residents reasonable access to the telephone to contact parents or attorney, or the Child Abuse Hotline as a means of disciplinary action or when on discipline status;

4.Refusing residents visiting from parents, guardians or attorneys as a means of discipline or while on discipline status unless otherwise directed by the Superintendent;

5.Withholding the incoming mail of residents or prohibiting outgoing mail as a means of discipline or while a resident is on discipline status unless otherwise directed by the Superintendent; and

6.Any abusive, neglectful or harmful action against any resident.

1.19.2Behavior Report

A.Staff utilize the Behavior Report process to respond to residents who commit minor offenses. This process ensures that the resident is afforded due process in determining that the infraction occurred, that any sanction is proportional to the infraction and that the resident understands the infraction and sanction.

B.The Unit Manager or School Principal or designee may impose only one of the following sanctions, in addition to a referral for clinical intervention, if deemed necessary:

1.Warning and/or discussion of the incident with the resident.

2.Participation in a restorative justice meeting with the person aggrieved by the resident's behavior if another resident or staff were adversely affected by the resident's behavior.

a.This may include reasonable restitution that does not exceed the value of damaged property.

b.Restitution is also based on the resident’s ability to pay, and that amount will be taken from the resident’s pay when applicable.

3.Loss of a resident's points for one shift.

4.Placing a resident in his/her room for a maximum of one (1) hour.

5.Extra chores, special assignments, facility and public service assignments for up to a maximum of five (5) days.

6.Sending a resident to his/her room before "lights-out", but not earlier than 8:00 PM, limited to one night for each incident; or one hour before the resident's normal bedtime.

7.Loss of a resident's points for one day.

8.Loss of the second scheduled weekly visit or any special visit for one week.

9.Loss of one (1) unit level.

C.The Unit Manager or School Principal or designee explains the sanction to the resident before its imposition.

D.The Unit Manager or School Principal or designee records the disposition on the Behavior Report and forwards to the Superintendent for review.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.20 Major Discipline

1.20.1Major Discipline Review

A.The Major Discipline Review process responds to serious resident infractions or allegations of serious resident infractions of the facility’s rules.

B.Residents demonstrating the following behaviors may be subject to Major Discipline Review:

1.Bullying or extortion;

2.Refusing work assignments without good cause;

3.Physical assaults on other residents or staff;

4.Escape;

5.Destruction of property;

6.Theft;

7.Possession, use of, or selling drugs and/or contraband (which is anything illegal or anything that is specifically prohibited).

8.Failure to obey any reasonable and lawful staff command (including refusal to continue participation in any court mandated treatment, rehabilitation, or training programs that are established in the resident’s Service Plan (Individual Treatment Plan), or educational programs in which attendance is mandated by the compulsory school attendance laws);

9.Using threatening language that would cause a reasonable person to be in fear of imminent physical harm;

10.Using gestures that are intended to provoke other residents and/or staff and would cause a reasonable person to be provoked; and

11.Any act in violation of the criminal laws of the State of Rhode Island.

C.The Unit Manager or designee verbally informs the resident that his/her infraction is being recommended for a Major Discipline Review.

D.The Superintendent or designee approves or disapproves the recommendation for a Major Discipline Review. If the Superintendent determines that a Major Discipline Review is warranted, the Shift Coordinator notifies the staff who submitted the request.

E.Staff notify the resident that a Major Discipline Review Board has been approved. The resident is entitled to timely written notice of the violation with which he/she is charged, the alleged conduct giving rise to the violation, including the date, time and place of the alleged conduct and reason for the proposed disciplinary procedure. This notice will be given as soon as possible but no later than the end of the shift in which the incident occurred unless the Superintendent approves an extension of that time frame.

F.If the Superintendent determines the resident is at risk for imminent harm to him/herself or others, the resident may be remanded to his/her room while maintaining all other basic entitlements.

G.In any instance in which a resident is remanded to his room prior to the hearing, the Review Board must occur within twenty-four hours of the incident unless the resident requests an extension to allow his/her attorney to be present at the hearing.

H.If there is no indication that the resident is at risk of imminent harm to him/herself or others, the Review Board hearing must occur with five (5) work days of the incident. No extension to the five (5) day policy may occur unless the resident or his/her attorney requests it.

I.If, during the period prior to the convening of the Review, the Unit Manager consults with the Superintendent or designee and determines that the alleged infraction may appropriately be addressed through a Behavior Report process and the Major Discipline Review procedure is discontinued.

1.20.2Major Discipline Review Hearing

A.At the hearing the Major Discipline Reviewer reads and fully explains to the resident and his/her advocate the circumstances of the charge and/or reason for the Review. The Reviewer also informs the resident of his/her right to:

1.Be represented by an attorney, a social worker, another resident of his/her choosing or another community member or staff member of his/her choosing.

2.Retain or use an attorney to represent him/her at his/her own expense.

3.Admit, deny or remain silent regarding the stated charge(s).

4.Privately make an initial statement to admit or deny the charges to the Reviewer in the absence of witnesses and/or staff the resident or his/her advocate.

5.Disclosure of the evidence that will be presented against him/her during the Review hearing.

6.Present evidence on his/her behalf that includes witnesses and documentation.

7.Have all witnesses questioned in the presence of the resident. If the Reviewer finds that such questioning will jeopardize the physical safety of the witness, that witness may testify out of the presence of the resident, but in the presence of the resident’s advocate when applicable.

8.Testify (although the resident is not required to do so). In all cases, the resident shall be advised that if she/he wishes to testify, anything she/he says may be considered by the Major Discipline Reviewer as well as in future court proceedings, if any. The reviewer does not consider the resident’s decision not to testify as an admission or indication of guilt or wrongdoing.

9.Cross-examine any witnesses that the resident does not present. The resident can also compel the presence of staff or other residents as witnesses by requiring that the Superintendent or designee require their presence at the hearing.

10.The right to appeal the Review decisions and/or the imposed penalty to the Superintendent. All sanctions are suspended pending the outcome of the appeal.

B.All witnesses testify only in the presence of the Major Discipline Reviewer, the resident and the resident’s advocate unless the Major Discipline Reviewer determines that such testimony jeopardizes the safety of the witness.

C.The Reviewer may exclude evidence that is cumulative or presented solely to harass or delay the Review.

D.The Reviewer’s decision is based solely on information obtained during the hearing process; the burden of proof is on the Division to demonstrate by clear and convincing evidence that the resident violated the rules of behavior.

E.The Reviewer submits the decision in writing no later than two (2) days after the close of the Review.

1.The decision includes a brief summary of the evidence presented at the Review, the evidence that supports the finding(s) and the reasons for the decision and penalty imposed.

2.The decision affirms that the resident’s disciplinary record was considered in arriving at the sanction as well as the manner in which the record review affected the imposed sanction.

3.The decision affirms that the resident’s disciplinary history was not considered in determining guilt but only considered during the penalty phase of the Review.

F.If the resident is found guilty of the charge(s) his/her record may be used to determine the sanctions to be imposed.

1.The sanctions are consistent with the requirement for progressive discipline.

2.The resident’s past discipline record is only considered after the Major Discipline reviewer determines that the resident is guilty of the charge(s). Further, the record can only be used to weigh the appropriateness of the sanctions.

3.When the resident’s prior discipline record is used to determine penalties, the Reviewer discusses this in the presence of the resident and his/her advocate.

G.The resident and his/her advocate receive a copy of the written decision upon its completion.

H.Notification of the right to appeal is written on the face of the decision and provided verbally when the resident receives the written decision. The resident is also advised of the appeal procedure.

I.A copy of the written decision is placed in the resident’s record in RICHIST.

J.At any point in the process, the Major Discipline Reviewer may make a referral for clinical intervention. As a result of a finding of guilty, the Major Reviewer may impose the following sanctions:

1.A warning and/or discussion with the resident regarding the incident.

2.A resident’s participation in a restorative justice meeting with the person(s) who was adversely affected by the resident’s actions. This may include reasonable restitution based on the resident’s ability to pay and the value of the damaged property.

3.Loss of a resident’s points on one shift.

4.Placing a resident in his/her room for a maximum of (1) hour.

5.Extra chores, homework, book reports, facility and public assignments for up to a maximum of five (5) days.

6.Sending a resident to his/her room before “lights-out” but not earlier than 8 PM (limited to one night for each incident; or one hour before the resident’s customary bedtime).

7.Loss of a resident’s points for one day.

8.Loss of the second scheduled weekly visit or any special visit for one week.

9.Loss of one (1) unit level.

10.Remanding a resident to his/her room for time periods not to exceed three (3) days.

1.20.3Major Discipline Review Disposition and Appeal

A.Whether or not a resident appeals a Major Discipline Review decision, the Superintendent or designee reviews the Review disposition within seventy-two (72) hours and exerts a reasonable effort to conduct the review within twenty-four (24) hours of the decision. The purpose of such review is to determine:

1.If the outcome is appropriate and to revise the outcome if inappropriate.

2.Whether particular staff members are routinely or habitually initiating Major Discipline Review procedures in a manner or pattern which calls into question the appropriateness of the use of the Review procedures by such staff members.

B.If a resident requests an appeal to the decision(s) of a Major Discipline Review hearing, the Major Discipline Reviewer assists him/her.

C.Any sanctions imposed as a result of a Major Disciplinary Hearing are stayed until the conclusion of the appeal process.

D.The Superintendent or designee has the discretion to:

1.Veto Behavior Report Sanctions.

2.Veto Major Disciplinary Review hearing sanctions.

3.Intervene at any time during a Major Disciplinary Review Process.

4.Deny a resident’s appeal.

5.Decrease, but not increase, any sanction imposed and must state the reasons for the exercise of such discretion in writing on the relevant discipline papers/records.

E.The Superintendent or designee notifies the resident in writing of the outcome of the appeal within twenty-four (24) hours of the resident’s appeal.

1.20.4Lock Up

A.A resident may be remanded to his/her room (Lock Up) for no more than 72 continuous hours pursuant to a Major Discipline Review Board.

B.Lock Up prior to the Major Discipline Board is only allowed in an emergency, which jeopardizes the safety and security by the Superintendent or Administrator on Call.

C.A resident may be remanded to Lock Up with or without privileges.

D.Staff ensure that Major Discipline Board decisions/penalties are implemented.

E.Staff monitor residents placed in their rooms on Lock Up status at fifteen (15) minute intervals.

F.As soon as possible, the unit Clinical Social Worker visits a resident who has been placed in Lock Up status and secure necessary psychiatric, counseling, clinical or educational services.

G.At least once per day while in Lock Up, a resident is seen by the unit Clinical Social Worker or other clinical staff.

H.Staff ensure that Lock Up time never exceeds the time that is ordered by the Major Discipline Board.

I.Staff ensure that all residents in Lock Up status are provided with at least the following:

1.Daily showers;

2.Hot meals served outside the resident’s room;

3.Medical care;

4.Reasonable access to phones to contact attorneys, parents or guardians;

5.Mail privileges;

6.Religious observance;

7.Large muscle group exercise;

8.Visitation;

9.Writing materials;

10.Sufficient clothing;

11.Clean and sufficient bedding;

12.Personal hygiene supplies; and

13.Education, counseling, psychological and psychiatric services which are court ordered and/or part of the resident’s Comprehensive Assessment/Individual Treatment Plan.

J.Staff ensure that residents on Lock Up status do not participate in off-grounds activities.

K.The Superintendent or designee reviews the status of residents confined to Lock Up daily.

L.The use of handcuffs on residents on Lock Up status is strictly prohibited as punishment and may only be used when necessary for safety reasons.

1.20.5Restrictive Status

A.Restrictive status is a status of limited duration reserved for residents who cannot control their assaultive behavior or who present a danger to themselves or others.

B.No resident is administratively classified to restrictive status unless he/she has been found guilty of an institutional infraction involving contraband, assaultive behavior or unauthorized absence from the Training School.

C.For other serious infractions, such as destruction of property or larceny, other discipline procedures must have been tried and failed prior to classification to restrictive status.

D.Administrative Classification to Restrictive Status is approved by the Superintendent or designee.

E.Residents maintain the following rights during the period they are placed on Restrictive Status:

1.Residents attend school in a designated area.

2.Residents are provided with meals within their housing unit.

3.Residents may participate in daily gym and/or recreational activities.

4.Residents are provided with necessary hygiene products.

5.Residents may use the telephone.

6.Residents are allowed the minimum family visit.

7.Residents are provided treatment programming as specified in their service plan.

8.While on Restrictive Status, the clinical social worker from the sending unit will continue to serve as the resident’s primary clinical social worker.

F.A weekly review by RITS staff is required while a resident is on Restrictive Status.

G.If a resident’s placement on Restrictive Status exceeds fourteen (14) days, a full review of the treatment needs of the resident shall be promptly commenced, including a review of the clinical interventions proposed for the resident by the Clinical Director. The Superintendent’s written approval shall be required for any placement on restrictive status that exceeds fourteen (14) days.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.21 Escape

A.The Family Court remands residents to the care, custody and control of the Training School and determines whether the residents serve their sentence at the Training School or in Temporary Community Placement.

1.Residents who leave either the Training School or Temporary Community Placement (TCP) without permission may be charged with escape.

2.Residents are informed of the seriousness of this offense and the penalties for it imposed by R.I. Gen. Laws § 11-25-16.

3.Notification to family, the RITS Master Control Center (MCC), law enforcement and the Attorney General is necessary to apprehend the resident as well as to protect him or her and ensure community safety.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.22 Use of Restraint

A.Restraint is used only when transporting residents on or off grounds, when a resident’s actions demonstrate that he or she is a danger to self or others and no other intervention has been or is likely to be effective in averting danger, or if a resident is engaging in significant destruction of state property.

1.Staff utilize the least restrictive method of restraint consistent with resident and community safety.

2.A physical restraint is a behavior management technique involving the use of physical intervention as a means of restricting a resident’s freedom of movement. Physical restraint may include:

a.Providing a resident with a physical escort. A physical escort is touching or holding of the hand, wrist, arm, shoulder or back for the purpose of inducing an acting out resident to walk to a safer location.

b.Holding resident in a standing, seated or horizontal position.

3.Handcuffs, leg irons and hobblers are mechanical restraints used to temporarily control behavior.

a.Residents are never handcuffed or shackled to any fixed or stationary object on or off Training School grounds.

B.Transporting Residents

1.Mechanical restraints are used in movement of residents between the Training School’s facilities and when necessary in transporting residents off grounds.

2.Residents with special needs include, but are not limited to, females who are pregnant or residents whose physical mobility is compromised.

a.The Training School limits the use of mechanical restraints on pregnant and postpartum girls to circumstances where the girl is a danger to herself or others or a flight risk and cannot reasonably be contained by other means. Post-partum is defined as:

(1)The period immediately following delivery, as determined by the attending physician, including the entire period of hospitalization and

(2)Up to seventy-two (72) hours after the birth whether or not the girl is hospitalized.

b.Belly/waist chains and/or mechanical restraints of the leg or ankle are not utilized with pregnant or post-partum girls.

c.When mechanical restraints are utilized with a pregnant or post-partum girl:

(1)If a qualified medical provider requests the removal of restraints for emergency medical care, Training School staff comply and notify the Superintendent or Administrator on Call as soon as possible.

(2)In other circumstances, if a qualified medical provider requests the removal of mechanical restraints, Training School staff request permission to seek guidance from the Superintendent or Administrator on Call. If the qualified medical provider states that the mechanical restraints must be removed immediately, Training School staff comply and notify the Superintendent or Administrator on Call as soon as possible.

d.Girls are notified upon admission to the Training School and when known to be pregnant of this policy regarding the use of mechanical restraints during pregnancy and in the post-partum period.

3.Mechanical restraints are applied within the building when residents are to be transported out of the building.

4.When moving groups, staff may handcuff residents in pairs or in a chain-like line manner.

5.When transported in a vehicle on a secure status on or off grounds, residents are handcuffed in front of the body for safety.

6.Mechanical restraints are not unlocked, loosened or removed by staff or residents in a vehicle or a busette, unless it is determined that there is an imminent risk to resident safety.

C.Use of Restraint in Crisis Intervention

1.No resident is restrained for the purpose of punishment, discipline, convenience or retaliation by staff.

2.Staff utilize de-escalation strategies described in pre-service and in-service training to defuse a volatile situation, assist a resident to regain behavioral control and avoid a physical restraint.

3.Staff attempt verbal counseling, level system sanctions and direct warnings before resorting to a physical escort or restraint.

4.If interventions described in §§ 1.18(C)(2) and (3) of this Part above are not effective, staff may utilize a physical escort to move a non-compliant resident to a different location for the safety of the resident and the facility.

a.A safer location includes, but is not limited to, the resident’s room or a location away from the general population.

5.The interventions described in §§ 1.18(C)(2) through (4) of this Part are not utilized when a resident attacks another person suddenly and/or without warning and/or presents an imminent danger to self or others and/or attempts to escape.

6.When circumstances allow, staff notify the Master Control Center of a situation that may require a resident to be restrained to ensure that a proper response can be developed and supported. In all cases, the Master Control Center is notified as soon as possible upon the use of a restraint.

7.When circumstances allow, staff remove other residents, potential weapons and other hazards from the area where a resident seems likely to be restrained.

8.The physical condition of a resident who is being restrained is monitored continuously by staff and this monitoring is documented in the Unit Log Book.

9.Staff may not position or hold the resident in a manner which restricts breathing. Staff immediately release a resident who exhibits any sign of significant physical distress, such as difficulty breathing during restraint and provide the resident with immediate medical assistance.

10.The clinic is notified and the resident is examined by a nurse as soon as practical after any restraint.

11.The resident is released from restraint at the earliest possible time that he/she can commit to safety and no longer poses a threat to self or others.

12.In instances involving resident and/or staff injury, medical personnel are notified immediately.

13.The physical condition of a resident who is being mechanically restrained is monitored continuously by staff.

14.Staff escort the resident to his/her room or to another safe area before releasing him/her from mechanical restraints. If the resident has not been released from mechanical restraint within fifteen (15) minutes, the Administrator on Call is contacted.

a.The Administrator on Call approves all uses of mechanical restraint exceeding fifteen (15) minutes in length.

b.Staff reassess the need for mechanical restraint every fifteen (15) minutes for the purpose of timely removal and documents this assessment through the filing of an Incident Physical Restraint Report.

15.If a resident is injured during a restraint, his/her parents are notified.

16.Staff document the use of physical or mechanical restraints in the Unit Log Book and on the Incident Physical Restraint Report.

D.Suicide prevention and Special Watches

1.The use of isolation, mechanical restraints, suicide gowns and or blankets, or removal of normal items of clothing and bedding are avoided and must be ordered by the mental health clinician evaluating the resident.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022

214-RICR-60-00-1 § 1.23 Use of Physical Force/Corporal Punishment

A.Staff must avoid unnecessary physical contact with residents.

B.No staff may use corporal punishment with any resident under any circumstance.

1.Corporal punishment is the intentional infliction of physical pain as a method of changing behavior.

2.Corporal punishment may include but is not limited to hitting, slapping, punching, kicking, pinching, shaking, use of objects or painful body postures.

C.Physical force is used only when staff or resident is in imminent risk of serious bodily harm and no other option is available.

1.To avoid the use of physical force, staff employ techniques demonstrated in Department training, including but not limited to verbal counseling or warning of the resident, putting physical distance between staff and resident and/or calling for assistance.

2.If no other option is available, staff utilize a level of force which is less than or equal to that displayed by the resident.

3.Staff desist from use of force as soon as the resident no longer presents the imminent threat of serious bodily harm.

4.Residents involved in an incident receive immediate medical care and treatment.

History

• Amendment — effective from 2026-09-09 to current
• Periodic Refile — effective from 2022-01-04 to 09/09/2026
• Adoption — effective from 2018-10-08 to 01/04/2022