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art.003/2/011/2/021/1

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ARTICLE 3

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RELATING TO ABUSED AND NEGLECTED CHILDREN

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     SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled “Abused and

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Neglected Children “is hereby amended to read as follows:

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     40-11-7. Investigation of reports--Petition for removal from custody--Report to child

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advocate--Attorney general--Court-appointed special advocate.-- (a) The department shall

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investigate reports of child abuse and neglect made under this chapter in accordance with the

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rules the department has promulgated and in order to determine the circumstances surrounding

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the alleged abuse or neglect and the cause thereof. The investigation shall include personal

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contact with the child named in the report and any other children in the same household. Any

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person required to investigate reports of child abuse and/or neglect may question the subjects of

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those reports with or without the consent of the parent or other person responsible for the child’s

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welfare. The interviewing of the child or children, if they are of the mental capacity to be

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interviewed, shall take place in the absence of the person or persons responsible for the alleged

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neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

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denied reasonable access to a child by the parents or other person, and that person required to

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investigate deems that the best interests of the child so require, they may request the intervention

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of a local law enforcement agency, or seek an appropriate court order to examine and interview

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the child. The department shall provide such social services and other services as are necessary to

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protect the child and preserve the family.

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     (b) In the event that after investigation it is determined by the department that the child is

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being or has been abused or neglected but that the circumstances of the child’s family or

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otherwise do not require the removal of the child for his or her protection, the department may

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allow the child to remain at home and provide the family and child with access to preventative

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support and services. In addition, the department is authorized to petition the family court for an

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order for the provision of treatment of the family and child.

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     (c) The department shall have the duty to petition the family court for removal of the

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child from the care and custody of the parents, or any other person having custody or care of the

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child if there is a determination that a child has been abused or neglected; which results in a child

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death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act

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which represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or

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neglect, the department may petition the family court for the removal of the alleged perpetrator of

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that abuse, and/or neglect from the household of the child or children when the child or children

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are eleven (11) years of age or older. It shall be the responsibility of the department to make the

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parent or other person responsible for the child’s welfare aware of the court action, the possible

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consequences of the court action, and to explain the rights of the parent relative to the court

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action.

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     (d) The department shall forward immediately any reports of institutional child abuse and

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neglect to the child advocate who shall investigate the report in accordance with chapter 73 of

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title 42, and also to any guardian ad litem and/or attorney of record for the child.

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     (e) In the event that after investigation the department takes any action regarding

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placement of the child, the department shall immediately notify the child advocate of such action.

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     (f) In the event that after investigation the department has reasonable cause to know or

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suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

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immediately any information as it relates to that knowledge or suspicion to the law enforcement

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agency.

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     SECTION 2. This article shall take effect upon passage.