Residential Child Care Regulations for Licensure

Regulation Authority:

42-35, 42-72-5 (12), 42-72.1

Purpose and Reason:

This amended rule, Residential Child Care Regulations for Licensure, formerly entitled Child Care Regulations, provides a comprehensive updated set of regulations, in compliance with federal and state law and regulation, for the licensing of residential child care facilities. This amended rule incorporates the provisions of and supersedes DCYF rule Child Care Regulations: Addendum A Crisis Intervention, Restraint and Seclusion (ERLID 1301). This amended rule addresses only residential child care. The previous rule, Child Care Regulations, addressed residential and specified types of non-residential child care, which are now addressed in promulgated DCYF rules relating to child day care homes and centers. The proposed rule includes an expanded definitions section; provides details, including time frames, relating to the licensing application, approval and re-licensing processes; specifies education and experience and staff training and development requirements for residential facility staff; specifies staffing ratios and resident supervision; provides requirements for search procedures; includes references to statutory and regulatory provisions relating to lead and radon inspections and incorporates and streamlines the crisis intervention and restraint procedures. As a result of comments received, the final rule includes the following changes that were not part of the proposed rule: revised definition of direct care staff and added definition of clinical care staff; clarified staff requirements for initial and annual crisis intervention and restraint training; revised language regarding community notification relating to the establishment of a new program; clarified requirements regarding DCYF and parental permission for facility research projects; clarified DCYF notification requirements relating to changes in administrative staff positions; clarified circumstances regarding self administering of subcutaneous medication by a child; revised record keeping requirement for staff supervision and clarified DCYF and parental notice and approval requirements relating to media interviewing and/or photographing children in DCYF care.