2016 -- S 2316

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LC004551

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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 DELINQUENT AND DEPENDENT CHILDREN -- NATIONAL CRIMINAL

RECORDS CHECK

     Introduced By: Senators Crowley, Metts, Goldin, Jabour, and Nesselbush

     Date Introduced: February 09, 2016

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 14-1-34 of the General Laws in Chapter 14-1 entitled "Proceedings

in Family Court" is hereby amended to read as follows:

     14-1-34. Placement of dependent and neglected children -- Criminal records of

foster parents made available. -- (a) If, after a hearing on any petition, a child shall be found to

be dependent or neglected within the meaning of this chapter, the court shall by decree assign the

custody of the child to the director of children, youth and families, for any period that shall seem

fit to the court; and the director of children, youth, and families shall become entitled to the

custody of the child to the exclusion of any other person. The court may at any time, for good

cause shown, modify or revoke the decree.

      (b) The department for children, youth and families shall apply to the bureau of criminal

identification of the state police or the local police department for a nationwide criminal records

check of prospective foster parents or the department of children, youth and families may directly

process a nationwide criminal records check of prospective foster parents. The check will

conform to the applicable federal standards including the taking of fingerprints to identify the

applicant. The department of children, youth, and families shall request the attorney general,

through the division of criminal identification, to make available any criminal record of present

and prospective foster parents. The attorney general shall immediately comply with that request,

and the department of children, youth, and families, shall examine these records in determining

the suitability of these persons to be foster parents. The criminal record check shall be conducted

without charge to the foster parents. At the conclusion of the background check required in this

section, the state police, attorney general or the local police department shall promptly destroy the

fingerprint record of the applicant obtained pursuant to this chapter.

      (c) No license shall be issued by the department of children, youth and families to any

individual seeking to be licensed as a foster parent until such time as the results of both the

nationwide and statewide criminal record background check, including the nature of any prior

criminal record, are forwarded to the department of children, youth and families. The department

may authorize the placement of a child in a prospective foster home pending licensure for a

period not to exceed six (6) months only after the department has conducted a DCYF background

check pursuant to § 40-13.2-3.1 and a statewide criminal record background check. In the event

the department is unable to complete the licensing process within six (6) months of the child's

placement in the foster home and if the department determines that continued placement of the

child in said foster home is in the child's best interest, the department shall file a petition with the

family court to seek authorization to allow the child(ren) to remain in the foster home pending

completion of the licensing process. The department shall provide notice of all such petitions to

the office of the child advocate, children(s) parent/guardian and CASA attorney.

     SECTION 2. Section 15-7-11 of the General Laws in Chapter 15-7 entitled "Adoption of

Children" is hereby amended to read as follows:

     15-7-11. Investigation and report as to adoptive home. -- (a) Upon the filing of a

petition so presented and consented to for the adoption of a minor child, the court shall notify the

department of children, youth and families. It shall then be the duty of the department to verify

the allegations of the petition, and to make appropriate investigation to determine whether the

proposed adoptive home is a suitable home for the child. The department shall within sixty (60)

days submit to the court a full report in writing, with recommendation as to the granting of the

petition and any other information regarding the child or the proposed home which the court shall

require. In circumstances where the petition for adoption concerns a child who has been placed

for adoption by a duly licensed child placement agency, the court may accept the home study

report of the child placement agency in lieu of the investigation and recommendation of the

department of children, youth and families; provided, the child placement agency includes in its

home study report any criminal record of the prospective adoptive parent. All costs relating to

criminal background checks shall be the responsibility of the public or private entity conducting

the home study;

      (b) As part of the investigation or investigative home study report, a request shall be

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made to the attorney general through the division of criminal identification to make available any

criminal record of the prospective adoptive parent maintained by the division. The prospective

adoptive parent shall apply to the bureau of criminal identification of the state police or the local

police department, or the department of children, youth and families, for a nationwide criminal

records check unless they have previously submitted to a nationwide criminal records check in

accordance with § 14-1-34 and/or §§ 40-13.2-2, 40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4

and 16-48.1-5. The attorney general shall immediately comply with the request of the department

or child placement agency and the report of the attorney general shall be made part of the

investigative home study submitted to court.

      (c) Pursuant to § 40-13.2-4, the director of DCYF will determine by rules and

regulations those items of information appearing on a criminal records check which constitute

disqualifying information because that information would indicate the prospective adoptive

parent could endanger the health or welfare of a child or children. Upon the discovery of any

disqualifying information with respect to a proposed prospective adoptive parent, the agency

conducting the home study will be informed by the director in writing of the nature of the

disqualifying information.

      (d) At the conclusion of any criminal records check required by this section, the

fingerprint card of the person subject to the nationwide criminal records check shall be promptly

destroyed.

      (e) Provisions of this section may, in the discretion of the court, be waived in the case of

a petition for the adoption of a child where the child is the natural child of one of the parties

petitioning for the adoption and resides with the petitioning parties.

      (f) Specific definitions and procedures for adoptive home studies are to be provided in

regulations promulgated by the department for children, youth and families in accordance with

the administrative procedures act. All investigative home studies submitted to the court shall be

based on a minimum of two (2) home visits by the agency conducting the home study. All

prospective siblings and any other household members shall be interviewed during a home visit.

Agencies conducting the home study shall have a minimum of one home visit following

completion of the home study process. A summary of the agency's past and present contact with

the prospective adoptive family shall be included in the home study. The agency shall include in

the home study its recommendations for approval or disapproval of the adoption and the reasons

for its conclusion.

      (g) The following information shall be included in all home studies submitted to the

court:

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      (1) Identifying information on all household members, including minor children and the

current needs of each child;

      (2) Information regarding the prospective adoptive parent's motivation and reasons for

the adoption;

      (3) Current background information on the prospective adoptive parents, including

written self-assessment;

      (4) Child care experience and parenting philosophy of the prospective adoptive parents;

      (5) Information regarding past and present marriage and/or partnership relationships;

      (6) Current medical and psychological conditions, including addiction to drugs or

alcohol of any prospective adoptive parents, that may be seriously detrimental to the health and

welfare of children;

      (7) Description of the home and local community, including any health and safety

concerns regarding the home;

      (8) Information regarding the finances and employment of the prospective adoptive

parents;

      (9) Reference letters from at least three (3) individuals at least two (2) of whom are non-

relatives;

      (10) Results of background checks with DCYF and clearance checks regarding state and

federal criminal records conducted on the prospective adoptive parents;

      (11) Information related to the prospective adoptive parent's willingness and ability to

accept and cooperate with adoption support services, including their level of understanding

regarding openness with birth family; and

      (12) Information related to the match between prospective adoptive parents and the

child, including attitudes and capabilities of prospective adoptive parents and the child's

characteristics and background.

     SECTION 3. Sections 40-13.2-4, 40-13.2-5 and 40-13.2-5.2 of the General Laws in

Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are

hereby amended to read as follows:

     40-13.2-4. Criminal records check -- Operators of child care facilities which must be

licensed or registered with the department. -- Any person seeking to operate a facility, which

is, or is required to be, licensed or registered with the department shall apply to the Rhode Island

bureau of criminal identification, or the department of children, youth and families, for a

nationwide criminal records check. The check will conform to the applicable federal standards,

including the taking of fingerprints to identify the applicant and any expense associated with

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providing the criminal records check shall be paid by the applicant and/or requesting agency. The

director will determine by rule those items of information appearing on a criminal records check,

which constitute disqualifying information because that information would indicate that the

employment could endanger the health or welfare of a child or children. Upon the discovery of

any disqualifying information with respect to a proposed operator, the Rhode Island bureau of

criminal identification will inform the director, in writing, of the nature of the disqualifying

information.

     40-13.2-5. Criminal records check -- Employee of child care facilities which must be

licensed by the department. -- (a) Any person seeking employment, if that employment involves

supervisory or disciplinary power over a child or children or involves routine contact with a child

or children without the presence of other employees, in any facility which is, or is required to be,

licensed or registered with the department or seeking that employment at the training school for

youth shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to

the bureau of criminal identification of the state police or the local police department, or the

department of children, youth and families, for a nationwide criminal records check. The check

will conform to applicable federal standards including the taking of fingerprints to identify the

applicant.

      (b) 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 state police or the

local police department will inform the applicant, in writing, of the nature of the disqualifying

information. In addition, the bureau of criminal identification of the state police or the local

police department will inform the relevant employer, in writing, without disclosing the nature of

the disqualifying information, that an item of disqualifying information has been discovered.

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

of criminal identification of the state police or the local police department will inform both the

applicant and the employer, in writing, of this fact.

      (d) The employer will maintain on file, subject to inspection by the department, evidence

that criminal records checks have been initiated on all employees seeking employment after

August 1, 1985, and the results of the checks.

      (e) Failure to maintain that evidence on file will be prima facie grounds to revoke the

license or registration of the operator of the facility.

      (f) It will be the responsibility of the bureau of criminal identification of the state police

or the local police department, or the department of children, youth and families, to conduct the

nationwide criminal records check pursuant to this section. The nationwide criminal records

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check will be provided to the applicant for employment without charge.

     40-13.2-5.2. Criminal records check -- Employees of the department of children,

youth and families. -- (a) Any person seeking employment with the department of children,

youth and families shall apply to the bureau of criminal identification (BCI), department of

attorney general, state police, or local police department where the applicant resides, or the

department of children, youth and families, for a national and state criminal records check. The

check shall conform to the applicable federal standards including the taking of fingerprints to

identify the applicant. The director shall determine by rule those items of information appearing

on a criminal records check which constitute disqualifying information because the information

would indicate that employment could endanger the health or welfare of a child or children and

would be inconsistent with the purpose and intent of the department of children, youth and

families.

      (b) The department of attorney general, the state police or the local police department

shall forward the results of the nationwide and state criminal record checks, including the nature

of any criminal record, on the individual to the individual and to the department of children,

youth and families. Upon the discovery of any disqualifying information with respect to an

applicant, the department of children, youth and families shall inform the applicant of the

disqualifying information.

      (c) The cost of criminal record checks required by this section for individuals who are

not currently employed by the State of Rhode Island shall be the responsibility of the applicant.

The cost of criminal records checks required by this section for individuals who are currently

employed by the State of Rhode Island shall be the responsibility of the department of children,

youth and families.

      (d) Any individual required to submit to a criminal background check, state and/or

federal, under subsection (a) above who has submitted to a criminal background check conducted

within the previous six (6) months in accordance with § 14-1-34 and/or § 15-7-11 and/or §§ 40-

13.2-2, 40-13.2-4, 40-13.2-5, and/or § 40-13.2-9, shall be exempt from an additional check but

shall request the department of attorney general, the state police or the local police department

which conducted the check forward the results, including the nature of the criminal record, to the

department of children, youth and families.

     SECTION 4. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department

of Children, Youth, and Families" is hereby amended to read as follows:

     42-72-5. Powers and scope of activities. -- (a) The department is the principal agency of

the state to mobilize the human, physical, and financial resources available to plan, develop, and

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evaluate a comprehensive and integrated statewide program of services designed to ensure the

opportunity for children to reach their full potential. The services include prevention, early

intervention, outreach, placement, care and treatment, and after-care programs; provided,

however, that the department notifies the state police and cooperates with local police

departments when it receives and/or investigates a complaint of sexual assault on a minor and

concludes that probable cause exists to support the allegations(s). The department also serves as

an advocate for the needs of children.

      (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

      (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

      (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

      (3) To establish plans and facilities for emergency treatment, relocation, and physical

custody of abused or neglected children that may include, but are not limited to,

homemaker/educator child case aides, specialized foster family programs, day care facilities,

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

      (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and

procedure manual to standardize protective services;

      (5) To plan and initiate primary and secondary treatment programs for abused and

neglected children;

      (6) To evaluate the services of the department and to conduct periodic comprehensive

needs assessment;

      (7) To license, approve, monitor, and evaluate all residential and non-residential child

care institutions, group homes, foster homes, and programs;

      (8) To recruit and coordinate community resources, public and private;

      (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

expungement of case records pertaining to matters under the jurisdiction of the department;

      (10) To establish a minimum mandatory level of twenty (20) hours of training per year

and provide ongoing staff development for all staff; provided, however, all social workers hired

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

work or a closely related field, and must be appointed from a valid civil service list;

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      (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

      (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

      (13) To provide and act as a clearinghouse for information, data, and other materials

relative to children;

      (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

and statewide problems concerning children;

      (15) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for children in the functional areas described in this chapter;

      (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in

taking advantage of all federal grants and subventions available for children;

      (17) To review and coordinate those activities of agencies of the state, and of any

political subdivision of the state, that affect the full and fair utilization of community resources

for programs for children, and initiate programs that will help ensure utilization;

      (18) To administer the pilot juvenile restitution program, including the overseeing and

coordinating of all local community-based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service; and

      (19) To adopt rules and regulations that:

      (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

subsequent twelve-month (12) period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

      (ii) Are reasonably necessary to implement the child welfare services and foster care

programs;

      (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

      (21) To establish fee schedules by regulations for the processing of requests from

adoption placement agencies for adoption studies, adoption study updates, and supervision related

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

      (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state-operated or -supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

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department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the board of regents for elementary and secondary education either directly or through contract;

      (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all health care professionals.

      (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community-based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

emotionally disturbed children and children with functional developmental disabilities.

      In fulfilling its responsibilities the department shall:

      (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

      (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

      (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

      (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

      (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

      The department shall adopt rules and regulations that are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

      Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per-pupil cost for special education for the year in which placement commences, as its share of

the cost of educational services furnished to a seriously emotionally disturbed child pursuant to

this section in a residential treatment program which includes the delivery of educational services.

      "Seriously emotionally disturbed child" means any person under the age of eighteen (18)

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years or any person under the age of twenty-one (21) years who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter who has been diagnosed as having an emotional, behavioral, or mental

disorder under the current edition of the Diagnostic and Statistical Manual and that disability has

been on-going for one year or more or has the potential of being ongoing for one year or more,

and the child is in need of multi-agency intervention, and the child is in an out-of-home

placement or is at risk of placement because of the disability.

      A child with a "functional developmental disability" means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

      The term "functional developmental disability" includes autism spectrum disorders and

means a severe, chronic disability of a person that:

      (A) Is attributable to a mental or physical impairment or combination of mental physical

impairments;

      (B) Is manifested before the person attains age eighteen (18);

      (C) Is likely to continue indefinitely;

      (D) Results in age- appropriate substantial functional limitations in three (3) or more of

the following areas of major life activity.

      (I) Self-care;

      (II) Receptive and expressive language;

      (III) Learning;

      (IV) Mobility;

      (V) Self direction;

      (VI) Capacity for independent living; and

      (VII) Economic self-sufficiency; and

      (E) Reflects the person's need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services that are of life-long or extended

duration and are individually planned and coordinated.

      Funding for these clients shall include funds that are transferred to the department of

human services as part of the managed health care program transfer. However, the expenditures

relating to these clients shall not be part of the department of human services' caseload estimated

for the semi-annual caseload estimating conference. The expenditures shall be accounted for

separately.

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      (25) To provide access to services to any person under the age of eighteen (18) years or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter and elects to continue to receive such services after attaining the age of

eighteen (18) years. The assembly has included funding in the FY 2008 department of children,

youth and families budget in the amount of $10.5 million from all sources of funds and $6.0

million from general revenues to provide a managed system to care for children serviced between

18 to 21 years of age. The department shall manage this caseload to this level of funding.

      (26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals and local school departments for any child

who receives services through the department of children, youth and families, is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v), and whose care

may or shall be administered by the department of behavioral healthcare, developmental

disabilities and hospitals after the age of twenty-one (21) years, the transition planning shall

commence at least twelve (12) months prior to the person's twenty-first birthday and shall result

in a collaborative plan submitted to the family court by both the department of behavioral

healthcare, developmental disabilities and hospitals and the department of children, youth and

families and shall require the approval of the court prior to the dismissal of the abuse, neglect,

dependency, or miscellaneous petition before the child's twenty-first birthday.

      (27) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the

department or at risk of being in state care. This continuum of care should be family centered and

community based with the focus of maintaining children safely within their families or, when a

child cannot live at home, within as close proximity to home as possible based on the needs of the

child and resource availability. The continuum should include community-based prevention,

family support, and crisis intervention services, as well as a full array of foster care and

residential services, including residential services designed to meet the needs of children who are

seriously emotionally disturbed, children who have a functional developmental disability, and

youth who have juvenile justice issues. The director shall make reasonable efforts to provide a

comprehensive continuum of care for children in the care and custody of the department of

children, youth and families, taking into account the availability of public and private resources

and financial appropriations and the director shall submit an annual report to the general assembly

as to the status of his or her efforts in accordance with the provisions of subsection 42-72-

4(b)(13).

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      (28) To administer funds under the John H. Chafee Foster Care Independence and

Educational And Training Voucher (ETV) Programs of Title IV-E of the Social Security Act, and

the department of children, youth and families higher education opportunity grant program as

outlined in chapter 72.8 of title 42, in accordance with rules and regulations as promulgated by

the director of the department.

     (29) To process nationwide criminal record checks on prospective foster parents,

prospective adoptive parents, operators of child care facilities, persons seeking employment in a

child care facility or at the training school for youth or on behalf of any person seeking

employment at the department of children, youth and families, who are required to submit to

nationwide criminal background checks as a matter of law.

      (c) In order to assist in the discharge of his or her duties, the director may request from

any agency of the state information pertinent to the affairs and problems of children.

      (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

      (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     SECTION 5. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- NATIONAL CRIMINAL

RECORDS CHECK

***

     This act would allow the department of children, youth and families to process

nationwide criminal record checks on prospective foster parents, prospective adoptive parents,

operators of child care facilities, persons seeking employment in a child care facility or at the

training school for youth or on behalf of any person seeking employment at the department of

children, youth and families who are required to submit to nationwide criminal background

checks as a matter of law.

     This act would take effect upon passage.

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