2016 -- H 7636

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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:

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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 13.3

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THE YOUTH PROTECTION ACT

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

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Protection Act".

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

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

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

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

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

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

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chapter.

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

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

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designee of the director or its successor.

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

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unmonitored contact with a child.

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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of disqualifying information has been discovered.

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

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

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this fact.

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

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regulations to carry out the intent of this chapter.

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

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

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

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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 -- THE YOUTH PROTECTION ACT

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

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records checks.

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     This act would take effect upon passage.

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