2017 -- H 5229

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2017

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A N   A C T

RELATING TO HUMAN SERVICES -- THE YOUTH PROTECTION ACT

     

     Introduced By: Representatives McEntee, Carson, Casimiro, Craven, and O'Brien

     Date Introduced: January 26, 2017

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40-13.2-1 and 40-13.2-5.1 of the General Laws in Chapter 40-13.2

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entitled "Certification of Child Care and Youth Serving Agency Workers" are hereby amended to

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read as follows:

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     40-13.2-1. Definitions.

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     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.

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     (4) "Person" when used to describe the owner or operator of a facility which must be

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licensed or registered with the department or when used to describe a youth serving agency

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worker includes individuals, associations, and corporations.

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     (5) "Volunteer" means any person providing volunteer services who has supervisory or

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disciplinary authority over a child or children or whose work involves routine contact with a child

 

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or children without the presence of other employees or volunteers.

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      (5)(6) "Youth serving agency" means any facility or program which is operated for more

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than two (2) hours per day at least one day per week, and which provides programs and activities

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for children and employs persons who have supervisory or disciplinary authority over a child or

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children. School programs operated by schools certified under the provisions of title 16 of the

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general laws are not considered youth serving agencies pursuant to this chapter.

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      (6)(7) "Youth serving agency worker" means any person in the employ of a youth

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serving agency who has supervisory or disciplinary authority over a child or children or whose

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work involves routine contact with a child or children without the presence of other employees.

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This shall include any private vendor, independent contractor, contract employee or those who

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are hired by a third party that has contracted with the youth serving agency to provide services

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and whose work involves routine contact with a child or children without the presence of other

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employees.

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     40-13.2-5.1. Criminal records check -- Employee of youth serving agency.

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     (a) Any person seeking employment or seeking to volunteer, if that employment or

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volunteering involves supervisory or disciplinary power over a child or children or involves

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routine contact with a child or children without the presence of other employees, in any facility or

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program which is a youth serving agency shall file with the employer the affidavit required by §

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40-13.2-3. Said affidavit shall be maintained on file by the employer and shall be made available

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for inspection by the parent(s)/guardian(s) of any child who is enrolled in the programs of the

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youth serving agency.

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     (b) Any person seeking employment or seeking to volunteer, if that employment or

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volunteering involves supervisory or disciplinary authority over a child or children or involves

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routine contact with a child or children without the presence of other employees, in any youth

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serving agency, shall apply to the bureau of criminal identification of the attorney general's office

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for a criminal records check.

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     (c) 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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     (d) 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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     (e) 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 both the applicant and the

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employer, in writing, of this fact. The employer will maintain on file, and make available for

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inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the youth serving

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agency, evidence that criminal records checks have been obtained on all employees of the youth

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serving agency pursuant to § 40-13.2-5.1, and the results of the checks. The criminal records

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

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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 persons who volunteer with youth serving agencies to get criminal

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records checks as well as those whose work involves routine contact with children without the

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presence of other employees.

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     This act would take effect upon passage.

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