2009 Rhode Island Code
Title 42 - State Affairs and Government
CHAPTER 42-72.1 - Licensing and Monitoring of Child Care Providers and Child-Placing Agencies
§ 42-72.1-2 - Definitions.

SECTION 42-72.1-2

   § 42-72.1-2  Definitions. – As used in this chapter:

   (1) "Administrator of licensing" means the director of the licensing unit (or his/her designee) that carries out the provisions of this chapter, hereafter referred to as the "administrator".

   (2) "Applicant" means a child-placing agency or childcare provider that applies for a license to operate.

   (3) "Child" means any person less than eighteen (18) years of age; provided, that a child over eighteen (18) years of age who is nevertheless subject to continuing jurisdiction of the family court, pursuant to chapter 1 of title 14, or defined as emotionally disturbed according to chapter 7 of title 40.1, shall be considered a child for the purposes of this chapter.

   (4) "Childcare provider" means a person or agency, which offers residential or nonresidential care and/or treatment for a child outside of his/her natural home.

   (5) "Child day care" means daily care and/or supervision offered commercially to the public for any part of a twenty-four (24) hour day to children away from their homes.

   (6) "Child day care center" means any person, firm, corporation, association, or agency who, on a regular or irregular basis, receives any child under the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, apart from the child's parent or guardian for any part of a twenty-four (24) hour day irrespective of compensation or reward. It shall include childcare programs that are offered to employees at the worksite. It does not include nursery schools or other programs of educational services subject to approval by the commissioner of elementary and secondary education.

   (7) "Child-placing agency" means any private or public agency, which receives children for placement into independent living arrangements, supervised apartment living, residential group care facilities, family foster homes, or adoptive homes.

   (8) "Department" means the department of children, youth, and families (DCYF).

   (9) "Director" means the director of the department of children, youth, and families, or the director's designee.

   (10) "Family day care home" means any home other than the child's home in which child day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more children who are not relatives of the care giver.

   (11) "Group family day care home" means a residence occupied by an individual of at least twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve (12) children, with the assistance of one or more approved adults, for any part of a twenty-four (24) hour day. The maximum of twelve (12) children shall include children under six (6) years of age who are living in the home, school-age children under the age of twelve (12) years whether they are living in the home or are received for care, and children related to the provider who are received for care. These programs shall be subject to yearly licensing as addressed in this chapter and shall comply with all applicable state and local fire, health, and zoning regulations.

   (12) "Licensee" means any person, firm, corporation, association, or agency, which holds a valid license under this chapter.

   (13) "Regulation" means any requirement for licensure, promulgated pursuant to this chapter having the force of law.

   (14) "Related" means any of the following relationships, by marriage, blood or adoption, even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a defendant who relies for a defense upon the relationship of any child to him or herself, the defendant shall have the burden of proof as to the relationship.