Rhode Island child care center license: DHS rules, space and steps

Rhode Island licenses centers with no minimum headcount

Many states license a center only once it passes a set number of children. Rhode Island does not. Under R.I. Gen. Laws § 42-12.5-2(5), a “child daycare center” is any person, firm, corporation, association or agency that “on a regular or irregular basis, receives any child under the age of sixteen (16) years” for care or supervision, “not in a home or residence,” for any part of a 24-hour day, “irrespective of compensation.”⁠³

Three consequences follow:

• One child is enough. A drop-in room, a gym’s child-watch space or an after-school program in a church hall is a center under this definition if it takes children apart from their parents and is not in a home.⁠³
• Free care is covered. The definition applies with or without payment.⁠³
• Employer programs are covered. The statute names “child daycare programs that are offered to employees at the worksite.”⁠³

The one statutory exclusion is preschool programs in schools approved by the commissioner of elementary and secondary education.⁠³ DHS’s application page, by contrast, describes licensed child care as care for “four (4) or more unrelated children.”⁠⁴ The center statute sets no such count, so before you assume a very small program is exempt, put the question to the Office of Child Care Licensing in writing.

DHS issues one license type, the Child Care Center license, under the Child Care Center and School Age Program Regulations (218-RICR-70-00-1). A program serving only kindergartners and older children is licensed under the same rule, with school-age staffing roles in place of the early childhood ones.⁠¹

If you plan to care for children in the home where you live, you need a different license. Rhode Island’s family and group family child care homes take up to 12 children, and the provider must live in the home or on the licensed property.⁠⁴ See Rhode Island family child care home license.

Buying a center: the license does not come with it

R.I. Gen. Laws § 42-12.5-5(1) says a license “is not transferable and applies only to the licensee and the location stated in the application.”⁠² The center rule spells out what that means for a buyer. Initial licensure “is required for all licensees including those who are purchasing an already existing child care program.” Changing ownership without DHS approval is grounds to deny, suspend or revoke the license.⁠¹

DHS’s application page puts it bluntly. If a program is sold before DHS receives and approves the new owner’s application, “the program will be closed” until licensing is complete. Purchases also have to meet all current regulations, “particularly when it comes to physical facilities.”⁠⁴

That warning connects to a natural-light rule in the July 2026 rule text. An existing program can light each infant, toddler or preschool classroom through a window, a windowed door or a skylight. But “for any new child care program, including a change of ownership,” each classroom needs natural light through “a wall-level window, directly within each classroom space,” enough to supervise the whole room without artificial light.⁠¹ In the 2026 comment period, one operator said a toddler room lit only by a skylight would lose its 12 licensed spaces under this standard.⁠⁵ Check every classroom of a center you plan to buy against this rule before you sign.

If you already own a licensed Rhode Island center and are taking over another one, DHS has you add the new program to your existing RISES profile. You skip the new-provider orientation.⁠⁴

The building: inspections and layout rules

Choose your site with the center rule in hand. Several requirements in § 1.8 rule out buildings that pass ordinary commercial code.

Before DHS issues an initial license, you must show current inspections or certifications for:⁠¹

• Building inspection or certificate of occupancy
• Life safety fire inspection by the State Fire Marshal
• Lead, under RIDOH’s Lead Poisoning Prevention rule (216-RICR-50-15-3). This does not apply to buildings built after 1978, for which you provide proof of construction date, or to public school buildings.
• Asbestos (216-RICR-50-15-1) and radon (216-RICR-50-15-2)
• Water potability, if you are on a well
• Food safety, unless you serve only pre-packaged snacks
• Aquatic venue licensing, if there is a pool on the grounds
• A playground inspection, for any new facility or any previously licensed program that makes structural changes to its playground

A school-age program in a public school building needs only fire and radon.⁠¹ By statute, a program at a Rhode Island elementary or secondary school already found compliant needs no separate fire, building or radon inspection.⁠² The licensing statute’s provisional, probationary and variance provisions “do not apply to” state fire and health safety standards. There is one exception: while a fire-deficiency variance is pending before the fire safety code board of appeal and review, DHS may issue a provisional license that ends no later than 30 days after the board decides.⁠²

Layout rules in § 1.8:⁠¹

• Spaces children use must be above grade, as defined by the Rhode Island Building Code.
• Infant and toddler classrooms must be on the first floor. Preschool and school-age classrooms may be on the first or second floor.
• A new infant or toddler classroom needs direct access to the outdoors without stairs or elevators.
• Classrooms other than school-age rooms are defined by dividers at least 4 feet high, fastened for stability. Moving a divider requires DHS permission and may lead to re-measurement.
• Bathrooms for infants, toddlers and preschoolers must be on the same level as their classrooms. Staff and other adults need their own toilets in the same building.
• You need designated space for administration, equipment storage and food storage, plus a utility room separate from the kitchen with hot and cold water.
• Reusable tableware must go through a dishwasher with a sanitizing option or a three-bay sink.

The play area must be surrounded by a permanent structure. Fencing for a program seeking initial licensure needs at least two exits with self-closing, self-latching closures. Without usable outdoor space, you submit an outdoor play plan for DHS approval. Outdoor trampolines and pool diving boards are banned.⁠¹ Building new space, or renovating space children use, requires DHS approval of formal floor plans “prior to the start of construction.” Any construction triggers new inspections.⁠¹

Staffing: leadership roles and qualifications

The rule requires named Program Leadership roles. Since the July 2026 amendment, you enter each person in RISES when you hire them, with documents proving they qualify. Assigning someone who lacks the qualifications can lead to licensing action.⁠¹⁠⁵

• Administrator. Responsible for compliance. Option 1: a high school diploma, one year of administration or business-management experience and one year in a licensed or approved early childhood program, alongside a full-time Education Coordinator. Option 2, alongside a part-time Education Coordinator: 12 post-secondary early childhood credits, plus two years of administration and two years of early childhood program experience. A school-age-only program’s Administrator needs a high school diploma and one year working with school-age children.⁠¹
• Education Coordinator (required if you serve infants, toddlers or preschoolers). Seven qualifying routes. Examples: Rhode Island Department of Education certification for pre-K to grade 2, or a bachelor’s in early childhood education, each with three months of supervised teaching (student teaching counts). Or a related bachelor’s with 24 early childhood credits and three months of supervised teaching.⁠¹
• School Age Site Coordinator (required if you serve school-age children). At least 21 years old, plus a high school diploma and one year in the program, or a qualifying associate’s or bachelor’s degree. Must be on site whenever the school-age program operates.⁠¹
• Night Time Care Coordinator, if you offer night care.⁠¹

One qualified person may fill several roles, depending on how many classrooms you have:⁠¹

With seven or fewer classrooms and two people in the Administrator and Education Coordinator roles, at least one must be a full-time on-site employee. With eight or more, both must be full time on site unless you employ an administrative assistant.⁠¹

Each group of infants, toddlers or preschoolers needs a Teacher. Routes include a CDA plus one year of supervised experience, 12 early childhood credits plus three months, or a related associate’s degree. Teacher Assistants must be 18 or older with a high school diploma or GED.⁠¹ You also need a licensed physician, PA, nurse practitioner or other approved health consultant readily available, with a written plan for reaching them and a letter of understanding.⁠¹ At least two staff must be on site at all times, and at least one must be at Teacher or Program Leadership level. A program with capacity over 20 that prepares and serves meals must employ a food service worker.⁠¹

Ratios and group sizes

Ratios apply by age group. When you mix groups within the allowed combinations, the youngest child’s ratio and other rules govern the room.⁠¹

Scroll the table sideways to see every column.

There are no exceptions to the infant ratio. Staff counted in ratio must be awake at all times. During rest time, toddler and preschool groups may have one staff member per napping group.⁠¹ Field trips and swimming have stricter ratios. Field trips run from 1:2 for infants to 1:13 for older school-age children. Swim activities run from 1:1 for infants and toddlers to 1:6 for school-age children.⁠¹

Other limits: no child may be in care more than 14 consecutive hours. You need one wheeled evacuation crib for every five children under age 2.⁠¹

Background checks and training

Every staff member and volunteer who works directly with children must complete DHS’s comprehensive background check before being assigned to child care duties and every five years after. Staff and volunteers under 18 are cleared through the Child Abuse and Neglect Central Registry only, because BCI checks and fingerprints are not processed for minors.⁠¹

Training requirements, from §§ 1.11(G) and 1.12:⁠¹

• Pediatric CPR and pediatric first aid within 90 days of hire. The initial CPR course cannot be taken online; renewals may be.
• DHS-approved health and safety preservice modules within 90 days of hire. For a new infant program, the Education Coordinator and every staff member working with infants must also finish DHS-approved infant preservice training before the program is approved.
• 24 hours of approved professional development per calendar year for leadership and classroom staff in year-round programs. At least 4 hours must cover health and safety. CPR and first aid count for no more than 3 hours.
• 12 hours per year for staff working under 20 hours a week and for substitutes.
• 8 hours a year, including food safety and CACFP nutrition standards, for anyone who prepares and serves meals.

Policies and documents DHS reviews

Before approval, plan to produce these documents required by the rule:⁠¹

• A Family Handbook and a Staff Handbook, both approved by DHS
• An emergency preparedness and response plan on DHS’s Emergency Preparedness Plan Template, plus a graphic evacuation plan posted in each classroom. Fire drills run monthly.
• Liability insurance for the licensed program
• Program-level and weekly classroom-level curriculum, with the last three months of lesson plans kept on site
• Child records, including immunization records under RIDOH’s rule 216-RICR-30-05-3, and staff files

Application steps in order

DHS says opening any child care program “can take anywhere from 3-6 months.” DHS allows itself up to 14 days to review each submission.⁠⁴

1. Call DHS early

   Questions go to the Office of Child Care Licensing at (401) 462-3009 or [email protected]. If you are buying an established program, DHS asks you to call before completing any other step, “as early as you possibly can.”⁠⁴

2. Complete the mandatory orientation

   The rule requires orientation and pre-licensure training for anyone opening a program. Existing owners take it only for their first location.⁠¹⁠⁴ DHS then emails you guidance on next steps.⁠⁴

3. Create your RISES profile

   Set up a personal profile in the RISES Workforce Registry and start the licensing application.⁠⁴

4. Get space reviewed

   Once you find a location, DHS points you to a technical assistance request with the Local Initiatives Support Corporation (LISC).⁠⁴ Get DHS approval of floor plans before any construction or renovation begins.⁠¹

5. Complete First Steps

   This is DHS’s “Child Care Licensing 101” training for new providers and new owners.⁠⁴

6. Submit the RISES application

   Submit one application per location, with supporting documents, inspection reports and the $500 fee. Every staff member needs an approved RISES workforce registry profile before the license is issued. An incomplete application expires six months after you submit it, and then you must start over.⁠¹⁠²

7. Open on a provisional license

   The provisional license covers the first six months of operation. After a monitoring visit and correction of any findings, it becomes a regular license for the remaining six months.⁠¹ The statute caps provisional licenses at six months, reviewed every three months.⁠²

The license states your location, dates, maximum number of children and the age groups you may serve. If you run child care in several areas of a building that is also used for other purposes, you may need more than one license.⁠¹

Fees, renewal and inspections

The center license is valid for one year.⁠² RISES opens your renewal application 90 days before expiration. Submit it, with documents and fee, at least 30 days before expiration. A late filing can bring a probationary license, and a missed expiration date can close the program until DHS reviews a renewal.⁠¹ At renewal you need a current fire inspection, a lead inspection every two years unless the building has a “Full Lead Safe” certificate, and radon testing every three years.⁠¹

Centers get at least two unannounced monitoring visits a year. DHS and the Office of the Child Advocate may enter, inspect records and investigate complaints.⁠¹ For violations, DHS can issue a probationary license of up to 12 months, extendable by 6, tied to an approved corrective plan. It can also deny, suspend or revoke a license, or summarily suspend one when children are in jeopardy.⁠¹⁠² Appeals go through the Executive Office of Health and Human Services appeal rule, 210-RICR-10-05-2.⁠¹

After licensure, you must get DHS approval in RISES before you change leadership staff, program name, ownership, address or classroom spaces, or the numbers or ages of children you serve. Closing requires 30 days’ notice through a Program Closure Request in RISES.⁠¹ Variances and waivers are also requested in RISES and are not valid until DHS approves them.⁠¹

CCAP enrollment

Many Rhode Island centers serve families who pay with Child Care Assistance Program (CCAP) subsidies. CCAP approval takes a separate, supplementary application, with its own requirements and orientation. You can file it alongside your license application, or add it during the license period or at renewal. Questions go to the Office of Child Care Provider Management at [email protected].⁠⁴

What changed in July 2026

DHS amended 218-RICR-70-00-1 effective July 7, 2026.⁠¹ According to DHS’s concise explanatory statement, the amendment writes RISES into the rules and revises “outdated, unclear, or inconsistent language.”⁠⁵ Changes a new operator will notice:

• Applications, renewals, variance requests, program-change approvals and closure notices all go through RISES.⁠¹
• Leadership staff must be entered in RISES on hire, with qualifying documents.⁠⁵
• Revised infant-feeding provisions cover introducing solid foods with the parent, responsive feeding, and a ban on mixing formula with cereal or juice without written authorization from the child’s health care provider.⁠¹⁠⁵
• The wall-level window standard for new programs and ownership changes appears in the amended text.⁠¹ Commenters asked DHS to let existing centers keep using skylights and windowed doors.⁠⁵

Sources

1. 1
   Rhode Island Department of Human Services, via the Secretary of State rules database, 218-RICR-70-00-1, Child Care Center and School Age Program Regulations for Licensure (amendment effective 07/07/2026) Checked 12 Oct 2026 · Back to text ↑
2. 2
   State of Rhode Island General Assembly, R.I. Gen. Laws § 42-12.5-5, General licensing provisions Checked 12 Oct 2026 · Back to text ↑
3. 3
   State of Rhode Island General Assembly, R.I. Gen. Laws § 42-12.5-2, Definitions Checked 12 Oct 2026 · Back to text ↑
4. 4
   Rhode Island Department of Human Services, Apply to Be a Child Care Provider Checked 12 Oct 2026 · Back to text ↑
5. 5
   Rhode Island Department of Human Services, Concise Explanatory Statement, 218-RICR-70-00-1 amendment (June 2026) Checked 12 Oct 2026 · Back to text ↑

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