2014 -- H 7366

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LC004000

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO HUMAN SERVICES -- CHILD SEXUAL ABUSE PREVENTION ACT

     

     Introduced By: Representatives Johnston, San Bento, Messier, Hull, and O`Grady

     Date Introduced: February 06, 2014

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Title 40 of the General Laws entitled "HUMAN SERVICES" is hereby

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amended by adding thereto the following chapter:

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CHAPTER 11.1

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CHILD SEXUAL ABUSE PREVENTION ACT

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     40-11.1-1. Short title. – This chapter shall be known and may be cited as the "Child

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Sexual Abuse Prevention Act."

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     40-11.1-2. Findings of fact. -- (a) The general assembly finds and declares:

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     (1) Child sexual abuse poses a serious threat to the health and safety of young people and

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its damaging effects can last a lifetime, including, but not limited to, anxiety, depression,

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substance abuse, posttraumatic stress disorder, aggression, social isolation, self inflected harm,

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criminal behavior and violent offenses.

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     (2) It is estimated that one in ten (10) children will be sexually abused before they turn

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eighteen (18).

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     (3) Young children are especially vulnerable to sexual abuse.

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     (4) Approximately ninety percent (90%) of children who are victims of sexual abuse

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know their abuser.

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     (5) The incidence of child sexual abuse, child sexual exploitation and child abduction can

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be reduced by raising awareness and building community based support for prevention through

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training programs for coaches, trusted adults, who can act as advocates for children.

 

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     (b) Therefore, it is hereby declared coaches and assistant coaches of youth sports

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programs must complete a child sexual abuse training program that meet the requirements of this

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section to recognize, prevent, and react to incidents of child sexual abuse.

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     40-11.1-3. Definitions. -- (a) For the purpose of this section, the term "youth sports

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programs" means and includes any program organized for recreational athletic competition and/or

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instruction, and whose participants are:

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     (1) Minors; or

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     (2) Physically or mentally disabled, regardless of age.

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     (b) "Minor" means any person not having reached eighteen (18) years of age;

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     (c) "Child sexual abuse" (CSA) means any sexual act between an adult and a minor, or

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between two (2) minors, when one exerts power over the other; forcing, coercing or persuading a

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child to engage in any type of sexual act; and non-contact acts such as exhibitionism, exposure to

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pornography, voyeurism, and communicating in a sexual manner by phone or Internet.

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     40-11.1-4. Child sexual abuse prevention training requirements. -- (a) Coaches and

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assistant coaches of youth sports programs with children under age eighteen (18) shall be

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responsible for completing a child sexual abuse prevention training program.

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     (b) The Rhode Island department of health shall work with The Rhode Island State

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Alliance of YMCAs to maintain a list, available online, of approved training programs that meet

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the following criteria: must provide techniques on how to recognize, prevent and react to

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incidents of child sexual abuse based on best practices, available online or in person, offered in

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English and in Spanish, and provide a minimum of two (2) hours of instruction time.

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     (c) Participating organizations shall require annual proof of current and valid CSA

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training from all coaches in their youth sports programs prior to the start of coaching. Coaches

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must retake a CSA prevention training course every five (5) years and maintain a copy of their

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CSA prevention training certificate.

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     (d) Coaches must follow proper reporting procedures as set forth in § 40-11-3 if they

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suspect a child is suffering from sexual abuse.

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     (e) The department of health shall promulgate rules and regulations necessary to

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effectuate the purposes of this section.

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     (f) The department of health, in collaboration with the department of children, youth and

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families, shall report annually to the general assembly the status of the Child Sexual Abuse

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Prevention Act.

 

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- CHILD SEXUAL ABUSE PREVENTION ACT

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     This act would create the "Child Sexual Abuse Prevention Act" which would require

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coaches and assistant coaches to complete a child sexual abuse prevention training program, with

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at least two (2) hours of instruction time. The course would be retaken every five (5) years.

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     This act would take effect upon passage.

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