Family Child Care Home Regulations for Licensure - RI Department ...

M. CPS INVESTIGATION - INDICATED PERPETRATOR: The provider shall
immediately relieve an employee from child caring duties when notice is received
from the Department that the employee is identified as a perpetrator in an
indicated CPS investigation listed on the CPS Check Addendum - Disqualifying
Information.
N. APPEAL OF DISQUALIFICATION - CRIMINAL RECORD CHECKS OR
CPS CHECK:
1. Within five (5) working days of receipt of written notification of
disqualifying information, the applicant or employee shall put the Department
and the provider on notice as to the intent to appeal by filing a Request for
Hearing. The applicant shall attach a copy of his/her report of disqualifying
information which identifies the specific disqualifying information. A copy of
this material shall also be sent to the center director.
2. Within ten (10) working days of submitting the Request For Hearing, the
applicant shall provide written references attesting to excellence in child care
sufficient to warrant disregard of the otherwise disqualifying information. Such
references shall be from individuals who are qualified by virtue of education
and/or experience to testify as to the abilities of the applicant. Such
individuals include:
a. Licensed child care providers.
b. Current or previous child care professionals.
c. Other professionals with credentials which would enable them to
effectively judge the applicant's qualifications in providing child
care.
3. The Administrative Hearing Officer shall review the materials submitted
and rule on the appeal within seventy-two (72) hours of receipt of all materials. If
the applicant has not demonstrated a record of excellence in child care sufficient
to warrant disregard of the otherwise disqualifying information, the
Administrative Hearing Officer shall uphold the denial and notify the applicant of
the reason for the decision. The provider shall only be notified that the applicant
has not demonstrated a record of excellence sufficient to warrant disregard of
the disqualifying information.
If the applicant has demonstrated a record of excellence in child care sufficient to
warrant disregard of the otherwise disqualifying information, the Administrative
Hearing Officer shall overturn the disqualification and shall notify the applicant
and the provider in writing.
Section V. ADMINISTRATION
RI DCYF Family Child Care Home Regulations 10/01/07 Page 40