2018 -- H 8232

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN -- DUTY

TO REPORT

     Introduced By: Representatives O'Brien, Abney, Slater, McKiernan, and Craven

     Date Introduced: May 24, 2018

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 40-11-3.3 of the General Laws in Chapter 40-11 entitled "Abused

and Neglected Children" is hereby amended to read as follows:

     40-11-3.3. Duty to report -- Sexual abuse of a child in an educational program.

     (a) Any person who has reasonable cause to know or suspect that any child has been the

victim of sexual abuse by an employee, agent, contractor, or volunteer of an educational program

as defined in § 40-11-2 shall, within twenty-four (24) hours, transfer that information to the

department of children, youth and families, or its agent,; provided, however, that if the person

mandated to report is an employee, agent, contractor or volunteer of an educational program as

defined in § 40-11-2, they shall immediately notify the principal, headmaster, executive director,

or other person in charge of the educational program, or their designated agent. The principal,

headmaster, executive director, or other person in charge of the educational program, or their

designated agent, shall be responsible for all subsequent notification to the department of

children, youth and families, or its agent in the manner required by this section. In the case of a

public educational program, the principal, headmaster, executive director, or other person in

charge of the educational program, or their designated agent, shall also notify the superintendent

of the public educational program. Any transferred information shall include the name, title, and

contact information for every employee, agent, contractor or volunteer of the educational program

who is believed to have direct knowledge of the allegation. Nothing in this section is intended to

require more than one report from any educational program for a specific incident.

     (b) In order to provide guidance and consistency in reporting, the commissioner of

elementary and secondary education shall promulgate policies and procedures for the creation and

handling of reports made by the principal, headmaster, executive director, or other person in

charge of the educational program, or their designated agent in order to carry out the intent of this

section.

     (c) The department of children, youth and families, or its agent who or which shall

immediately forward the report to state police and local law enforcement, and shall initiate an

investigation of the allegations of sexual abuse if it determines that the report meets the criteria

for a child protective services investigation. As a result of those reports and referrals, the

department shall refer those children to appropriate services and support systems in order to

provide for their health and welfare. In the event the department substantiates the allegations of

sexual abuse against an employee, agent, contractor, or volunteer of an educational program, the

department shall immediately notify the state police; local law-enforcement agency; the

department of education; the educational program; the person who is the subject of the

investigation; and the parent, or parents, of the child who is alleged to be the victim of the sexual

abuse of the department's findings.

      (b)(d) The director of the department of children, youth and families is authorized to

promulgate rules and regulations pertaining to the investigation of the allegation of sexual abuse

in order to carry out the intent of this section.

     (e) For purposes of this section, "reasonable cause to know or suspect" means that it is

objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a

reasonable person in a like position, drawing, when appropriate, on their training and experience,

to suspect child abuse. "Reasonable cause to know or suspect" does not require certainty that

child sexual abuse has occurred nor does it require a specific medical indication of child sexual

abuse; any "reasonable cause to know or suspect" is sufficient.

     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 -- ABUSED AND NEGLECTED CHILDREN -- DUTY

TO REPORT

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     This act would require representatives of educational programs to notify their leadership

of all reports of sexual abuse who shall notify the department of children, youth and families and

the school superintendent. It would also require the commissioner of elementary and secondary

education and the director of the department of children, youth and families to adopt rules to

orderly and completely implement this sexual abuse complaint reporting process.

     This act would take effect upon passage.

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