2016 -- H 7636

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LC004643

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HUMAN SERVICES -- THE YOUTH PROTECTION ACT

     Introduced By: Representatives Carson, McEntee, Craven, Shekarchi, and Keable

     Date Introduced: February 12, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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

amended by adding thereto the following chapter:

CHAPTER 13.3

THE YOUTH PROTECTION ACT

     40-13.3-1. Short title. -- This chapter shall be known and may be cited as "The Youth

Protection Act".

     40-13.3-2. Definitions. -- For the purpose of this chapter

     (1) "Child" means any person less than eighteen (18) years of age, provided that a person

over eighteen (18) years of age and not yet twenty-one (21) years of age who is nevertheless

subject to continuing jurisdiction of the family court, pursuant to chapter 1 of title 14 or is

identified as emotionally disturbed as defined in chapter 7 of title 40.1 or is identified as

developmentally delayed in accordance with §40.1-1-8 shall be a child for purposes of this

chapter.

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

     (3) "Director" means the director of the department of children, youth, and families or the

designee of the director or its successor.

     (4) "Volunteer" means any person providing volunteer services who may have direct or

unmonitored contact with a child.

     (5) "Youth sports program" means any program organized either statewide or in a city or

town which services children and is organized for recreational and/or athletic purposes.

     40-13.3-3. Criminal records check -- Persons having contact with children. -- (a) Any

person who is employed or seeking to volunteer and having supervisory or disciplinary authority

over a child or children involving contact with a child or children shall apply to the bureau of

criminal identification of the attorney general's office for a criminal records check. Agencies or

organizations for which an employee or a volunteer shall be required to obtain a criminal records

check shall include, but be limited to, any youth sports leagues, the Boy and Girl Scouts of

America, and/or any YMCA. Employee for the purposes of this section shall include any private

vendor, independent contractor or contract employer that has supervisory or disciplinary authority

over a child or children involving contact with a child or children.

     (b) Those items of information appearing on a criminal records check which have been

determined to constitute disqualifying information by the director pursuant to §40-13.2-4 of this

chapter shall also be items of disqualifying information pursuant to this section.

     (c) Upon the discovery of any disqualifying information as defined in accordance with

the rule promulgated by the director, the bureau of criminal identification of the attorney general's

office will inform the applicant, in writing, of the nature of the disqualifying information. In

addition, the bureau of criminal identification of the attorney general's office will inform the

applicant, in writing, without disclosing the nature of the disqualifying information, that an item

of disqualifying information has been discovered.

     (d) In those situations in which no disqualifying information has been found, the bureau

of criminal identification of the attorney general's office will inform the applicant, in writing, of

this fact.

     40-13.3-4. Rules and regulations. -- The director is authorized to promulgate rules and

regulations to carry out the intent of this chapter.

     40-13.3-5. Destruction of fingerprint records. -- At the conclusion of any background

check required by this chapter, the state police or the local police department will promptly

destroy the fingerprint card of the applicant in accordance with applicable laws.

     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 -- THE YOUTH PROTECTION ACT

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     This act would require certain persons who have contact with children get criminal

records checks.

     This act would take effect upon passage.

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