| Title | 214 | Department of Children, Youth, and Families |
| Chapter | 40 | Licensing |
| Subchapter | 00 | N/A |
| Part | 3 | Foster Care and Adoption Regulations for Licensure (214-RICR-40-00-3) |
| Type of Filing | Amendment |
| Regulation Status | Proposed |
| Filing Notice Date | 03/19/2025 |
| Filing Hearing Date(s) | 04/15/2025 |
| Public Comment Dates | 03/19/2025 to 04/21/2025 |
Regulation Authority:
R.I. Gen. Laws Chapter 42-72 and R.I. Gen. Laws §§ 42-72.1-5
42-72.1
42-72.10-1
14-1-27
14-1-34
and 15-7-11
Purpose and Reason:
The Department is re-noticing the proposed Foster Care and Pre-Adoptive Regulations for Licensure for public comment. The Department filed these regulations for public comment on October 8, 2024, for a 30-day comment period. However, it came to the Department’s attention that several interested parties were unaware of the public notice and did not have sufficient time to submit comments.
In response to this concern, the Department has decided to re-notice the proposed regulations to ensure that all interested stakeholders have adequate time to review and provide input. The Department considered all comments received in the prior public comment period and made several amendments in response to the comments received.
Key changes that were made to 214-RICR-40-00-3 - Foster Care and Pre-Adoptive Regulations for Licensure:
Additions:
Definitions Section: Updated and expanded definitions, including terms like “Kinship Care,” “Non-Kinship Resource Caregiver,” and “Prudent Parenting Standard.” Respite Care: Defined respite care as a new addition to support resource caregivers in providing temporary relief. Additional definitions added or clarified.
Firearm and Weapon Safety: Clarified storage requirements for firearms and ammunition, emphasizing that they must be locked and stored separately.
Lead Paint Safety: Required compliance with local lead certification standards and emphasized protections for children under six years old.
Training Requirements: New requirement for non-kinship caregivers to undergo training in first aid and CPR, and complete 15 hours of in-service training before license renewal.
Behavior Management and Discipline: Clear prohibitions on corporal punishment, with guidelines on acceptable discipline methods.
Health and Safety Standards: More detailed home safety and health requirements, including medical, psychological, and substance use screenings for caregivers and household members.
LGBTQI+ inclusivity standards added.
Requirements added for caregivers intending to drive youth in their vehicles.
Emergency Procedures: Added protocols for developing and communicating emergency and disaster response plans for children in care.
The language was amended to clarify that the Department would not require a caregiver to surrender their pets.
Child’s Property Rights: Guidelines ensure that children in care control personal items, clothing, and gifts received during their stay.
Social and Recreational Activities: Guidance on supporting children’s involvement in age-appropriate activities to promote normalcy.
Dual Licensure: Resource caregivers may not hold multiple licenses for Shared Living Arrangements and foster care except in specific circumstances.
Respite care procedures were added for additional clarity.
Removals:
Outdated Terminology: Terms such as “generic foster parent” were eliminated in favor of more updated language like “non-kinship resource caregiver.” Redundant Provisions: Removed repetitive explanations, particularly around procedures for background checks and health history submissions.
Corporal Punishment Practices: Earlier references to outdated disciplinary methods were eliminated in favor of the new standards prohibiting such practices.
These changes aim to modernize the document, align it with current practices and safety requirements, and ensure clarity in the procedures for licensing caregivers, caring for, and protecting children in foster and pre-adoptive homes.
The agency is not accepting online public comments for this filing.To submit a comment, please contact the agency directly at the addresses listed on the Notice of Proposed Rulemaking.
Received on March 25, 2025 by B N
I propose revising: 3.1 Purpose to: "These regulations establish the licensing requirements for foster care and pre-adoptive homes licensed by the Department of Children, Youth, and Families. The requirements are designed to ensure that children in foster and pre-adoptive care are in a safe, healthy, and nurturing environment." Comment 2. "Applicant" means a person or couple applying for a Foster Care and Adoption or a Pre-Adoptive License. should be revised to read : "Applicant" means a person or persons applying for a Foster Care and Adoption or a Pre-Adoptive License. Comment 3. "Caregiver" and "Resource Caregiver" also should have definition(s) as they are used throughout the regulation. Comment 4. H. "Department" or “DCYF” means the Rhode Island Department of Children, Youth and Families, also referred to as DCYF, which is responsible for child welfare, children’s behavioral mental health, and juvenile correctional operations in Rhode Island. the forgoing is circumferential in Defining DCYF as DCYF, the second reference should be struck for clarity. the last sentence in the forgoing may be best revised to read: . . . which is responsible for child welfare, children’s behavioral mental health treatment, and juvenile correctional policy implementation and operations in Rhode Island. Comment 5. The following definition seems to have been stricken in error: "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. Common areas of inquiry include physical and mental health, criminal history, family history, and past and present relationships. The last sentence in the forgoing might be revised to : 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.
Received on April 15, 2025 by Darlene Allen
I would like to recognize the enormous work that has gone into updating the Foster Care and Adoption Regulations for Licensure. I would also like to thank DCYF for all of the revisions they have made based upon previous feedback. I have a few additional questions and comments. Application I believe "Agency Recruiter" refers to a "State Contracted Agency Provider." If so, I would recommend replacing agency recruiter with more specific language. Initial Licensing Process In addition to "Foster Parent Bill of Rights", I recommend including "Sibling Bill of Rights". Training Given that kinship care is designated as the preferred placement type, and currently a significant portion of our out- of- home care system, what specific initial and ongoing trainings are required and/or offered? While it appears there are different mandatory requirements for kin and non-kin resource caregivers, will there be parity in non -mandatory offerings? Monitoring How does DCYF determine "the designee" and how is it communicated with the resource family? Dual License Is there an ability to waive the daycare capacity limit? Given that home child care providers are generally not able to afford to lose payment for a child in their child care program, and foster children can benefit from being placed with individuals who have education and experience in child development and care, I think there could be times where the capacity limit could interfere with a persons ability to run a home business and provide foster care. While I agree that we do not want individuals with too many children for them to be able to safely care for, I do think there needs to be some ability to be flexible when in the best interest of the foster child. Thank you for the ability to provide my questions and comments. It is greatly appreciated. Sincerely, Darlene Allen, MS CEO and Executive Director Adoption Rhode Island
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Comment(s) Received*