Family Child Care Home and Group Family Child Care Home Adjustments to Capacity During COVID-19
218-RICR-70-00-11 INACTIVE RULE EMERGENCY RULE
11.1 COVID-19 Virus and the Rhode Island State of Emergency
11.1.1 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. Upon withdrawal of the R.I. State of Emergency, as it relates to COVID-19, these new procedures shall lapse after three business days from the withdrawal of the State of Emergency for Rhode Island.
C. The Department’s goal is to continue to provide access to benefits while continuing to maintain the health and safety of our applicants, recipients, Family Child Care Homes, Group Family Child Care Homes and DHS employees during the R.I. State of Emergency as it relates to COVID-19.
11.1.2 Definitions
A. "Relative Child" means a child that is connected by blood, marriage or adoption who lives with the provider.
1. The provider must be the primary caregiver of the relative child.
11.2 Temporary Adjustments to the Family Child Care Home
11.2.1 Family Child Care Home Capacity (see 218-RICR-70-00-2 § 2.3.1 and 218-RICR-70-00-10 § 10.2.1)
A. During the COVID-19 crisis, Family Child Care Home providers will not be required to include relative children in their group size/ratios.
1. All capacity numbers must be adjusted to limit the total number of people in the home to twenty (20) or less while children are being cared for.
2. Foster children must be counted toward the number of children being cared for regardless of meeting the criteria of relative child.
11.3 Temporary Adjustments to the Group Family Child Care Home
11.3.1 Group Family Child Care Home Capacity (see 218-RICR-70-00-7 § 7.3.1 and 70-00-10 § 10.3.1)
A. During the COVID-19 crisis, Group Family Child Care Home providers will not be required to include relative children in their group size/ratios.
1. All capacity numbers must be adjusted to limit the total number of people in the home to twenty (20) or less while children are being cared for.
2. Foster children must be counted toward the number of children being cared for regardless of meeting the criteria of relative child.
| Title | 218 | Department of Human Services |
| Chapter | 70 | Office of Child Care Licensing |
| Subchapter | 00 | |
| Part | 11 | Family Child Care Home and Group Family Child Care Home Adjustments to Capacity During COVID-19 |
| Type of Filing | Adoption |
| Regulation Status | Inactive |
| Effective | 09/20/2020 to 07/17/2021 |
Regulation Authority:
RI Executive Order 20-02
Purpose and Reason:
This new part adds the definition of "relative child" and gives an exemption to Family Child Care Home and Group Family Child Care Home Providers from having to count their own relative children in their group size/ratios during COVID-19.
Editorial Notes:
The agency requested an extension to the effective dates allowed by R.I. Gen. Laws § 42-35-2.10 for this emergency adoption which was initially promulgated as an adoption on September 20, 2020. An extension was granted in accordance with Executive Order 21-16 which permit extensions for sixty (60) days. As a result of this additional extension, the effective date has been revised to add to the original ineffective date and the regulation will now become ineffective on May 18, 2021.
Brief statement of Reason for Finding Imminent Peril:
During COVID-19 many children are home due to distance learning. This regulation allows Family Child Care Home and Group Family Child Care Home Providers to continue to provide care for the number of children they are licensed for while also supporting their own children who are home due to distance learning. This allows providers to continue to be able to support their program and provide access to safe child care for working families in Rhode Island.