Child Care Center, Family Child Care Home and Group Family Child Care Home Licensing Changes Due to COVID-19
218-RICR-70-00-10 INACTIVE RULE EMERGENCY RULE
10.1 Novel Coronavirus (COVID-19)
10.1.1 Scope and Authority for the State of Rhode Island
A. Prior to the implementation of any new procedures under these regulations, the Director of the Department of Human Services (DHS) shall seek federal waivers or approval, when required, from the Federal agencies that provide funding and oversight for the programs the Department of Human Services administers. The Director shall also consider any guidance by these Federal agencies, when available, when implementing new procedures.
B. The Department’s goal is to continue to provide access to benefits while continuing to maintain the health and safety of our applicants, recipients, Child Care Centers, Family Child Care Homes, Group Family Child Care Homes and DHS employees during the novel Coronavirus (COVID-19) crisis.
10.1.2 Incorporated Materials
A. These regulations hereby adopt and incorporate the Center for Disease Control, Covid-19, Guidance for Operating Child Care Programs during COVID-19, updated June 10, 2021, https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/guidance-for-childcare.html, not including any further editions or amendments thereof and only to the extent that the provisions therein are not inconsistent with these regulations.
10.1.3 Visitors to Facilities
A. In response to the novel Coronavirus (COVID-19), any individual who must visit shall document their arrival and departure time on a visitor log that must be kept onsite and available.
B. In response to the novel Coronavirus (COVID-19), any individual who must visit shall self-attest for the purpose of screening for symptoms of COVID-19.
10.1.4 Definitions
A. "Capacity" means the maximum number of children permitted to be in care with a provider. The capacity has been temporarily amended due to the COVID-19 crisis.
B. "Stable Groups" are defined as the same individuals, children and teachers, who are in the same group each day.
1. Children shall not change from one group to another.
2. Stable Groups must occupy the same space each day.
10.2 Temporary Adjustments to the Family Child Care Home
10.2.1 Family Child Care License (218-RICR-70-00-2 § 2.2.2)
A. In response to the novel Coronavirus (COVID-19), all new staff training and orientation by the DHS will be conducted virtually, whenever possible.
10.2.2 Family Child Care Health and Nutrition (see 218-RICR-70-00-2 § 2.3.4)
A. In response to the novel Coronavirus (COVID-19), the provider must immediately contact DHS Child Care Licensing and RIDOH if the provider, the assistant, or any member of the household has been instructed to isolate or quarantine due to having contracted or been exposed to COVID-19, in order to assess the need for creating an alternate care plan. DHS may revoke a child care license for failure to report an instruction to isolate or quarantine due to contracted illness or exposure to COVID-19 of the aforementioned staff and household members.
B. In response to the novel Coronavirus (COVID-19), providers shall adhere to the CDC guidelines for cleaning and sanitizing (see §10.1.2 of this part).
C. In response to the novel Coronavirus (COVID-19), cloth face coverings shall be worn by all adults in the home indoors, during operating hours, when with children.
D. In response to the novel Coronavirus (COVID-19), providers shall have an isolation room or area that can be used to isolate a sick child, in accordance with their child illness policy.
10.2.3 Family Child Care Administration (see 218-RICR-70-00-2 § 2.3.7)
A. In response to the novel Coronavirus (COVID-19), providers shall self-attest for symptoms of COVID-19 each morning and ensure that everyone who is entering the household self-attests to symptoms of COVID-19. 10.3 Temporary Adjustments to the Group Family Child Care Home
10.3.1 Group Family Child Care Health and Nutrition (see 218-RICR-70-00-7 § 7.3.4)
A. In response to the novel Coronavirus (COVID-19), the provider must immediately contact DHS Child Care Licensing and RIDOH if the provider, the assistant, or any member of the household has been instructed to isolate or quarantine due to having contracted or been exposed to COVID-19, in order to assess the need for creating an alternate care plan. DHS may revoke a child care license for failure to report an instruction to isolate or quarantine due contracted illness or exposure to COVID-19 of the aforementioned staff and household members.
B. In response to the novel Coronavirus (COVID-19), providers shall adhere to the CDC guidelines for cleaning and sanitizing (see §10.1.2 of this part).
C. In response to the novel Coronavirus (COVID-19), cloth face coverings shall be worn by all adults in the home indoors, during operating hours, when with children.
D. In response to the novel Coronavirus (COVID-19), providers shall have an isolation room or area that can be used to isolate a sick child, in accordance with their child illness policy.
10.3.2 Group Family Child Care Administration (see 218-RICR-70-00-7 § 7.3.7)
.
A. In response to the novel Coronavirus (COVID-19), providers shall self-attest for symptoms of COVID-19 each morning and ensure that everyone who is entering the household self-attests to symptoms of COVID-19.
10.4 Temporary Adjustments to Child Care Centers
10.4.1 Staff/Child Ratio, Group Size, and Age Integration (see 218-RICR-70-00-1 § 1.10)
A. In response to the novel Coronavirus (COVID-19), child care must be carried out in stable groups while still in adherence to staff/child ratios and pre-COVID licensed capacity.
B. All center based programs must adhere to the following maximum staff/child rations and maximum group size:
Age Group |
Age |
Maximum Staff/Child Ratios |
Maximum Staff/Child Group Size |
Younger Infants |
6 weeks – 12 months |
1 : 4 |
2:8 |
Older Infants |
12 – 18 months |
1 : 4 |
2:8 |
Toddlers |
18 – 36 months |
1 : 6 |
2:12 |
Preschool 3 |
3 years old |
1 : 9 |
2:18 |
Preschool 4 |
4 years old |
1 : 10 |
2:20 |
Preschool 5-6 |
5-6 years old AND not in kindergarten |
1: 12 |
2:20 |
School Age K |
At least 5 years old AND in kindergarten |
1 : 13 |
2:26 |
School Age G1-G3 |
Grades 1 – 3 |
1 : 13 |
2:26 |
School Age G4-G6 |
Grades 4 – 6 |
1 : 13 |
2:26 |
School Age G7+ |
Grades 7 and above, under age 16 |
1 : 13 |
2:26 |
1. In response to the novel Coronavirus (COVID-19), there are no exceptions to staff/child ratio.
2. In response to the novel Coronavirus (COVID-19), groups of children must not mix with one another. All program assemblies, field trips and program wide group times must not be scheduled during the COVID-19 crisis.
3. Stable groups may be combined forthe first 2 hours and last 2 hours of the day, creating a unique stable group for that service period.
10.4.2 Child Care Center Staff Training (see 218-RICR-70-00-1 § 1.11)
A. In response to the novel Coronavirus (COVID-19), all new staff training and orientation by the DHS will be conducted virtually, whenever possible.
10.4.3 Health, Safety, and Nutrition (see 218-RICR-70-00-1 § 1.8)
A. In response to the novel Coronavirus (COVID-19), the provider must immediately contact DHS Child Care Licensing and RIDOH if the provider, the assistant, and/or any child who receives care or their family member has been instructed to isolate or quarantine due to having contracted or been exposed to COVID-19, in order to assess the need for creating and alternate care plan. DHS may revoke a child care license for failure to report an instruction to isolate or quarantine due contracted illness or exposure to COVID-19 of the aforementioned staff and household members.
B. In response to the novel Coronavirus (COVID-19), providers shall adhere to the CDC guidelines for cleaning and sanitizing (see §10.1.2 of this part).
C. In response to the novel Coronavirus (COVID-19), cloth face coverings shall be worn by all adults in the program indoors, during operating hours, when with children.
D. In response to the novel Coronavirus (COVID-19), providers shall have an isolation room or area that can be used to isolate a sick child, in accordance with their child illness policy.
E. With the exception of outdoors, providers shall limit shared play space.
1. All outdoor toys and playground equipment must be cleaned and sanitized in adherence to CDC guidelines, between use of groups (see §10.1.2 of this part).
10.4.4 Child Care Center Administration (see 218-RICR-70-00-1 §1.2)
A. In response to the novel Coronavirus (COVID-19), providers shall self- for symptoms of COVID-19 each morning and ensure that everyone who is entering the program self-attests to symptoms of COVID-19.
Title | 218 | Department of Human Services |
Chapter | 70 | Office of Child Care Licensing |
Subchapter | 00 | |
Part | 10 | Child Care Center, Family Child Care Home and Group Family Child Care Home Licensing Changes Due to COVID-19 |
Type of Filing | Amendment |
Regulation Status | Inactive |
Effective | 08/31/2021 to 02/27/2022 |
Regulation Authority:
Executive Order 20-02
Purpose and Reason:
DHS is adding/changing some requirements for Child Care Centers, Family Child Care Homes, and Group Family Child Care Homes in order for them to safely remain open during the COVID-19 crisis. Included changes: incorporation of stable groups, cleaning requirements adhering to CDC guidelines, self attestation for symptoms of COVID-19 upon entering program, requirement of providers to report and positive cases/exposure to COVID-19 to DHS licensing and RIDOH, and adults are to wear masks indoors during operating hours while with children.
Brief statement of Reason for Finding Imminent Peril:
This amendment is required in order to provide safe childcare to working families during the COVID-19 crisis. These regulations will help to promote the health and safety of children and child care staff during this crisis.