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

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.