2018 -- S 2683

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LC005164

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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

     

     Introduced By: Senators McCaffrey, Goodwin, Lombardi, and Lynch Prata

     Date Introduced: March 20, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40-11-2 and 40-11-7.2 of the General Laws in Chapter 40-11

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entitled "Abused and Neglected Children" are hereby amended to read as follows:

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     40-11-2. Definitions.

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     When used in this chapter and unless the specific context indicates otherwise:

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     (1) "Abused and/or neglected child" means a child whose physical or mental health or

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welfare is harmed, or threatened with harm, when his or her parent or other person responsible for

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his or her welfare:

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     (i) Inflicts, or allows to be inflicted, upon the child physical or mental injury, including

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excessive corporal punishment; or

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     (ii) Creates, or allows to be created, a substantial risk of physical or mental injury to the

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child, including excessive corporal punishment; or

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     (iii) Commits, or allows to be committed, against the child, an act of sexual abuse; or

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     (iv) Fails to supply the child with adequate food, clothing, shelter, or medical care,

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though financially able to do so or offered financial or other reasonable means to do so; or

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     (v) Fails to provide the child with a minimum degree of care or proper supervision or

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guardianship because of his or her unwillingness or inability to do so by situations or conditions

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such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or

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alcohol to the extent that the parent or other person responsible for the child's welfare loses his or

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her ability or is unwilling to properly care for the child; or

 

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     (vi) Abandons or deserts the child; or

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     (vii) Sexually exploits the child in that the person allows, permits, or encourages the child

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to engage in prostitution as defined by the provisions in § 11-34.1-1 et seq., entitled "Commercial

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Sexual Activity"; or

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     (viii) Sexually exploits the child in that the person allows, permits, encourages, or

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engages in the obscene or pornographic photographing, filming, or depiction of the child in a

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setting that, taken as a whole, suggests to the average person that the child is about to engage in,

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or has engaged in, any sexual act, or that depicts any such child under eighteen (18) years of age

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performing sodomy, oral copulation, sexual intercourse, masturbation, or bestiality; or

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     (ix) Commits, or allows to be committed, any sexual offense against the child as such

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sexual offenses are defined by the provisions of chapter 37 of title 11, entitled "Sexual Assault",

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as amended; or

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     (x) Commits, or allows to be committed, against any child an act involving sexual

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penetration or sexual contact if the child is under fifteen (15) years of age; or if the child is fifteen

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(15) years or older, and (1) force or coercion is used by the perpetrator, or (2) the perpetrator

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knows, or has reason to know, that the victim is a severely impaired person as defined by the

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provisions of § 11-5-11, or physically helpless as defined by the provisions of § 11-37-1(6).

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     (2) "Child" means a person under the age of eighteen (18).

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     (3) "Child protective investigator" means an employee of the department charged with

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responsibility for investigating complaints and/or referrals of child abuse and/or neglect and

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institutional child abuse and/or neglect.

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     (4) "Children's advocacy center (CAC)" means a community-based organization that is a

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member of the Rhode Island chapter of children advocacy centers and an accredited member (or

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working toward accreditation) of the National Children's Alliance.

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     (4)(5) "Department" means department of children, youth and families.

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     (5)(6) "Educational program" means any public or private school, including boarding

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schools, or any home-schooling program.

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     (6)(7) "Health-care provider" means any provider of health care services involved in the

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delivery or care of infants and/or care of children.

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     (7)(8) "Institution" means any private or public hospital or other facility providing

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medical and/or psychiatric diagnosis, treatment, and care.

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     (8)(9) "Institutional child abuse and neglect" means situations of known or suspected

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child abuse or neglect where the person allegedly responsible for the abuse or neglect is a foster

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parent or the employee of a public or private residential child-care institution or agency; or any

 

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staff person providing out-of-home care or situations where the suspected abuse or neglect occurs

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as a result of the institution's practices, policies, or conditions.

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     (9)(10) "Law-enforcement agency" means the police department in any city or town

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and/or the state police.

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     (10)(11) "Mental injury" includes a state of substantially diminished psychological or

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intellectual functioning in relation to, but not limited to, such factors as: failure to thrive; ability

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to think or reason; control of aggressive or self-destructive impulses; acting-out or misbehavior,

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including incorrigibility, ungovernability, or habitual truancy; provided, however, that the injury

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must be clearly attributable to the unwillingness or inability of the parent or other person

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responsible for the child's welfare to exercise a minimum degree of care toward the child.

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     (11)(12) "Person responsible for child's welfare" means the child's parent; guardian; any

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individual, eighteen (18) years of age or older, who resides in the home of a parent or guardian

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and has unsupervised access to a child; foster parent; an employee of a public or private

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residential home or facility; or any staff person providing out-of-home care (out-of-home care

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means child day care to include family day care, group day care, and center-based day care).

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Provided, further, that an individual, eighteen (18) years of age or older, who resides in the home

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of a parent or guardian and has unsupervised access to the child, shall not have the right to

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consent to the removal and examination of the child for the purposes of § 40-11-6.

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     (12)(13) "Physician" means any licensed doctor of medicine, licensed osteopathic

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physician, and any physician, intern, or resident of an institution as defined in subsection (7)(8).

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     (13)(14) "Probable cause" means facts and circumstances based upon as accurate and

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reliable information as possible that would justify a reasonable person to suspect that a child is

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abused or neglected. The facts and circumstances may include evidence of an injury, or injuries,

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and the statements of a person worthy of belief, even if there is no present evidence of injury.

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     (14)(15) "Shaken-baby syndrome" means a form of abusive head trauma, characterized

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by a constellation of symptoms caused by other than accidental traumatic injury resulting from

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the violent shaking of and/or impact upon an infant or young child's head.

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     40-11-7.2. Evidence.

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     (a) A videotape recording made by the department of children, youth, and families, a law

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enforcement officer, or a hospital, or a children's advocacy center of an interview of or statement

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made by a child who is the subject of an investigation conducted pursuant to § 40-11-7 is

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admissible in any court proceeding pursuant to this chapter, notwithstanding any objection to

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hearsay statements contained therein, provided it is relevant and material and provided its

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probative value substantially outweighs the danger of unfair prejudice to the child's parent,

 

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guardian, or other person responsible for the child's welfare. The circumstances of the making of

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the videotape recording, including the maker's lack of personal knowledge, may be proved to

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affect its weight.

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     (b) Prior to the videotaped recording being introduced into evidence the court shall first

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determine that:

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     (1) The statement is sworn to under oath by the child and the significance of the oath is

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explained to the child;

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     (2) The recording is both visual and aural and is recorded on film or videotaped or by

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other electronic means;

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     (3) The recording equipment was capable of making an accurate recording, the operator

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of the equipment was competent, and the recording is accurate and has not been altered;

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     (4) Every voice on the recording is identified;

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     (5) The statement was not made in response to questioning calculated to lead the child to

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make a particular statement;

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     (6) The person conducting the interview of the child is available to testify at any court

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proceeding pursuant to this chapter; and

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     (7) The child shall be available to testify at any court proceeding pursuant to this chapter.

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     SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected

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Children" is hereby amended by adding thereto the following section:

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     40-11-18. Children's advocacy centers; services; requirements.

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     (a) Children's advocacy centers provide the following services to children in Rhode

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Island:

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     (1) Operation of a child-appropriate or child-friendly facility that provides a comfortable,

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private setting that is both physically and psychologically safe for clients;

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     (2) Participation in a multidisciplinary team for response to child abuse allegations;

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     (3) Operation of a legal entity responsible for program and fiscal operations that has

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established and implemented basic sound administrative practices;

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     (4) Promotion of policies, practices and procedures that are culturally competent and

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diverse;

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     (5) Conduct forensic interviews in a manner which is of a neutral, fact-finding nature and

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coordinated to avoid duplicative interviewing;

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     (6) Provide specialized medical evaluation and treatment made available to clients as part

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of the team response, either at the CAC or through coordination and referral with other

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specialized medical providers;

 

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     (7) Offer therapeutic intervention through specialized mental health services made

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available as part of the team response, either at the child advocacy center or through coordination

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and referral with other appropriate treatment providers;

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     (8) Offer victim support and advocacy as part of the team response, either at the child

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advocacy center or through coordination with other providers, throughout the investigation and

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subsequent legal proceedings;

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     (9) Conduct team discussions and provide information sharing regarding the

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investigation, case status and services needed by the child and family are to occur on a routine

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basis;

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     (10) Develop and implement a system for monitoring case progress and tracking case

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outcomes for team components; and

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     (11) May establish a safe exchange location for children and families who have a

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parenting agreement or an order providing for visitation or custody of the children that require a

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safe exchange location.

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     (b) As used in this section, "cultural competency" means the capacity to function in more

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than one culture, requiring the ability to appreciate, understand and interact with members of

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diverse populations within the local community.

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     SECTION 3. 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

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     This act would establish the Rhode Island chapter of the children's advocacy center, a

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community based organization that would provide a child-friendly, safe and neutral location from

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which a multidisciplinary team would act in response to child abuse allegations. The

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organization would provide numerous victim support services such as, forensic interviews,

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medical evaluation and treatment, intervention through specialized mental health services and

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victim advocacy during legal proceedings.

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     This act would take effect upon passage.

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