2017 -- H 5229 SUBSTITUTE A

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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:

     SECTION 1. Sections 40-13.2-1 and 40-13.2-5.1 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:

     40-13.2-1. 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.

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

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

worker includes individuals, associations, and corporations.

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

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

or children without the presence of other employees or volunteers.

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

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

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

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

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

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

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

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

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

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

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

employees.

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

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

volunteering 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 or

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

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

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

youth serving agency.

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

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

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

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

for a national criminal records check. The national criminal records check shall include

fingerprints submitted to the Federal Bureau of Investigation (FBI) by the bureau of criminal

identification of the department of the attorney general, the division of the state police, or the

local police department for a national criminal records check. The national criminal records check

shall be processed prior to the commencement of employment or volunteer activity.

     (c) Those items of information appearing on a national 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.

     (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

office department of the attorney general, the division 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 attorney general's office department of the

attorney general, the division of the state police, or the local police department will inform the

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

of disqualifying information has been discovered.

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

of criminal identification of the attorney general's office department of the attorney general, the

division of the state police, or the local police department will inform both the applicant and the

employer, in writing, of this fact.

     (f) The employer will maintain on file, and make available for inspection by the

parent(s)/guardian(s) of any child enrolled in the programs of the youth serving agency, evidence

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

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

provided to the applicant for employment without charge.

     (g) The applicant shall be responsible for the cost of conducting the national criminal

records check through the bureau of criminal identification of the department of the attorney

general, the division of the state police or the local police department.

     SECTION 2. This act shall take effect on August 1, 2017.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES -- THE YOUTH PROTECTION ACT

***

     This act would require persons who provide volunteer services with youth serving

agencies to get a national criminal records check if the volunteer service involves supervisory or

disciplinary power over a child or where the services involve routine contact with a child without

the presence of other employees or volunteers.

     This act would take effect on August 1, 2017.

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