2016 -- S 2368 AS AMENDED

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LC003890

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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 EDUCATION -- HEALTH AND SAFETY OF PUPILS -- CHILD ABUSE

HOTLINE

     Introduced By: Senators Doyle, Gallo, Satchell, Nesselbush, and DiPalma

     Date Introduced: February 10, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

hereby amended by adding thereto the following section:

     16-21-36. Duty to report - Posting child abuse hotline telephone number. – Each

public or private school in the state shall post a notice that contains the statewide, toll-free

telephone number established and implemented by the department of children, youth and families

pursuant to §40-11-3 for the receipt of reports concerning the suspicion of child abuse and neglect

or that a child has been a victim of sexual abuse by another child, in a conspicuous, high-traffic

area accessed and widely used by the students in each school.

     SECTION 2. Section 40-11-3 of the General Laws in Chapter 40-11 entitled "Abused and

Neglected Children" is hereby amended to read as follows:

     40-11-3. Duty to report -- Deprivation of nutrition or medical treatment. -- (a) Any

person who has reasonable cause to know or suspect that any child has been abused or neglected

as defined in section 40-11-2 or has been a victim of sexual abuse by another child shall, within

twenty-four (24) hours, transfer that information to the department of children, youth and families

or its agent who shall cause the report to be investigated immediately. As a result of those reports

and referrals, protective social services shall be made available to those children in an effort to

safeguard and enhance the welfare of those children and to provide a means to prevent further

abuse or neglect. The department shall establish and implement a single, statewide, toll-free

telephone to operate twenty-four (24) hours per day, seven (7) days per week for the receipt of

reports concerning child abuse and neglect, which reports shall be electronically recorded and

placed in the central registry established by section 42-72-7. The department shall create a sign

using a format that is clear, simple and understandable to students that contains the statewide toll-

free telephone number for posting in all public and private schools in languages predominately

spoken in the state, containing pertinent information relating to reporting the suspicion of child

abuse, neglect and sexual abuse. This sign shall be available to the school districts electronically.

The electronically recorded records, properly indexed by date and other essential identifying data,

shall be maintained for a minimum of three (3) years; provided, however, any person who has

been reported for child abuse and/or neglect and who has been determined not to have neglected

and/or abused a child, shall have his or her record expunged as to that incident three (3) years

after that determination. The department shall continuously maintain a management information

database which includes all of the information required to implement this section, including the

number of cases reported by hospitals, health care centers, emergency rooms and other

appropriate health care facilities.

      (b) The reporting shall include immediate notification of the department of any instance

where parents of an infant have requested deprivation of nutrition that is necessary to sustain life

and/or who have requested deprivation of medical or surgical intervention that is necessary to

remedy or ameliorate a life threatening medical condition, if the nutrition or medical or surgical

intervention is generally provided to similar nutritional, medical, or surgical conditioned infants,

whether disabled or not.

      (c) Nothing in this section shall be interpreted to prevent a child's parents and physician

from discontinuing the use of life-support systems or nonpalliative treatment for a child who is

terminally ill where, in the opinion of the child's physician exercising competent medical

judgment, the child has no reasonable chance of recovery from the terminal illness despite every

appropriate medical treatment to correct the condition.

     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS -- CHILD ABUSE

HOTLINE

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     This act would require posting in every public school of a sign providing the telephone

number of the child abuse hotline.

     This act would take effect upon passage.

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LC003890

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