2020 -- H 7137 | |
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LC002982 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO STATE AFFAIRS AND GOVERNMENT | |
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Introduced By: Representatives Williams, Alzate, McEntee, Knight, and Vella- | |
Date Introduced: January 16, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 42-72.1-5 of the General Laws in Chapter 42-72.1 entitled |
2 | "Licensing and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and |
3 | Adoptive Homes, and Children's Behavioral Health Programs" is hereby amended to read as |
4 | follows: |
5 | 42-72.1-5. General licensing provisions. |
6 | The following general licensing provisions shall apply: |
7 | (1) A license issued under this chapter is not transferable and applies only to the licensee |
8 | and the location stated in the application and remains the property of the department. A license |
9 | shall be publicly displayed. A license shall be valid for one year from the date of issue and upon |
10 | continuing compliance with the regulations. A license issued to a foster parent, and/or a license |
11 | issued to a program for mental health services for "seriously emotionally disturbed children" as |
12 | defined in § 42-72-5(b)(24) shall be valid for two (2) years from the date of issue. |
13 | (2) Every license application issued pursuant to § 42-72.1-4 shall be accompanied by a |
14 | nonrefundable application fee paid to the State of Rhode Island as follows: |
15 | (a) Adoption and foster care child placing agency license -- one thousand dollars |
16 | ($1,000); |
17 | (b) [Deleted by P.L. 2019, ch. 88, art. 4, § 21]. |
18 | (c) [Deleted by P.L. 2019, ch. 88, art. 4, § 21]. |
19 | (d) [Deleted by P.L. 2019, ch. 88, art. 4, § 21]. |
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1 | (3) All fees collected by the state pursuant to subsection (2) of this section shall be |
2 | deposited by the general treasurer as general revenues. |
3 | (4) A licensee shall comply with applicable state fire and health safety standards. |
4 | (5) The department may grant a provisional license to an applicant, excluding any foster |
5 | parent applicant, who is not able to demonstrate compliance with all of the regulations because |
6 | the program or residence is not in full operation; however, the applicant must meet all regulations |
7 | that can be met in the opinion of the administrator before the program is fully operational. The |
8 | provisional license shall be granted for a limited period not to exceed six (6) months and shall be |
9 | subject to review every three (3) months. |
10 | (6)The department may grant a probationary license to a licensee who is temporarily |
11 | unable to comply with a rule or rules when the noncompliance does not present an immediate |
12 | threat to the health and well-being of the children, and when the licensee has obtained a plan |
13 | approved by the administrator to correct the areas of noncompliance within the probationary |
14 | period. A probationary license shall be issued for up to twelve (12) months; it may be extended |
15 | for an additional six (6) months at the discretion of the administrator. A probationary license that |
16 | states the conditions of probation may be issued by the administrator at any time for due cause. |
17 | Any prior existing license is invalidated when a probationary license is issued. When the |
18 | probationary license expires, the administrator may reinstate the original license to the end of its |
19 | term, issue a new license or revoke the license. |
20 | (7) The administrator will establish criteria and procedure for granting variances as part |
21 | of the regulations. |
22 | (8) The above exceptions (probationary and provisional licensing and variances) do not |
23 | apply to and shall not be deemed to constitute any variance from state fire and health safety |
24 | standards. However, if a request for a variance of fire inspection deficiencies has been submitted |
25 | to the fire safety code board of appeal and review, DCYF may grant a provisional license to |
26 | terminate no later than thirty (30) days following the board's decision on said variance. |
27 | (9) [Deleted by P.L. 2019, ch. 88, art. 4, § 21]. |
28 | (10) All persons granted a foster care license shall be required to undertake ongoing |
29 | training to promote their sensitivity to their foster child's culture. The department shall |
30 | promulgate rules and regulations setting forth the requirements of this training. |
31 | 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 STATE AFFAIRS AND GOVERNMENT | |
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1 | This act would require all foster parents to undergo sensitivity training regarding the |
2 | culture of their foster child. |
3 | This act would take effect upon passage. |
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