2020 -- S 2568

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LC005083

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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 HUMAN SERVICES --ABUSED AND NEGLECTED CHILDREN

     

     Introduced By: Senators McCaffrey, Lynch Prata, and Goodwin

     Date Introduced: February 25, 2020

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled "Abused and

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Neglected Children" is hereby amended to read as follows:

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     40-11-7. Investigation of reports -- Petition for removal from custody -- Report to

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child advocate -- Attorney general -- Court-appointed special advocate Investigation of

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reports -- Petition for removal from custody -- Report to child advocate -- Attorney general -

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- Court-appointed special advocate -- Children's advocacy center.

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     (a) The department shall investigate reports of child abuse and neglect made under this

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chapter in accordance with the rules the department has promulgated and in order to determine the

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circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation

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shall include personal contact with the child named in the report and any other children in the same

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household. Any person required to investigate reports of child abuse and/or neglect may question

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the subjects of those reports with or without the consent of the parent or other person responsible

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for the child's welfare. The interviewing of the child or children, if they are of the mental capacity

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to be interviewed, shall take place in the absence of the person or persons responsible for the alleged

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neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

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denied reasonable access to a child by the parents or other person, and that person required to

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investigate deems that the best interests of the child so require, they may request the intervention

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of a local law enforcement agency, or seek an appropriate court order to examine and interview the

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child. The department shall provide such social services and other services as are necessary to

 

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protect the child and preserve the family.

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     (b) In the event that after investigation it is determined by the department that the child is

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being or has been abused or neglected but that the circumstances of the child's family or otherwise

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do not require the removal of the child for his or her protection, the department may allow the child

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to remain at home and provide the family and child with access to preventative support and services.

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In addition, the department is authorized to petition the family court for an order for the provision

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of treatment of the family and child. In addition, the department shall notify the children's advocacy

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center of all suspected cases of child sexual abuse.

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     (c) The department shall have the duty to petition the family court for removal of the child

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from the care and custody of the parents, or any other person having custody or care of the child if

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there is a determination that a child has been abused or neglected; which results in a child death,

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serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act which

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represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect,

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the department may petition the family court for the removal of the alleged perpetrator of that abuse,

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and/or neglect from the household of the child or children when the child or children are eleven

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(11) years of age or older. It shall be the responsibility of the department to make the parent or

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other person responsible for the child's welfare aware of the court action, the possible consequences

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of the court action, and to explain the rights of the parent relative to the court action.

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     (d) The department shall forward immediately any reports of institutional child abuse and

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neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title

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42, and also to any guardian ad litem and/or attorney of record for the child.

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     (e) In the event that after investigation the department takes any action regarding placement

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of the child, the department shall immediately notify the child advocate of such action.

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     (f) In the event that after investigation the department has reasonable cause to know or

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suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

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immediately any information as it relates to that knowledge or suspicion to the law enforcement

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agency.

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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 --ABUSED AND NEGLECTED CHILDREN

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     This act would require the department of children, youth and families to report all suspected

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cases of child sexual abuse to the children's advocacy center.

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     This act would take effect upon passage.

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