2023 -- S 1071

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LC003017

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION -- DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

     Introduced By: Senators LaMountain, Pearson, and DiMario

     Date Introduced: May 25, 2023

     Referred To: Senate Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department

of Administration" is hereby amended to read as follows:

     42-11-2. Powers and duties of department.

     The department of administration shall have the following powers and duties:

     (1) To prepare a budget for the several state departments and agencies, subject to the

direction and supervision of the governor;

     (2) To administer the budget for all state departments and agencies, except as specifically

exempted by law;

     (3) To devise, formulate, promulgate, supervise, and control accounting systems,

procedures, and methods for the state departments and agencies, conforming to such accounting

standards and methods as are prescribed by law;

     (4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and

services needed by state departments and agencies, except as specifically exempted by law;

     (5) To prescribe standard specifications for those purchases and contracts and to enforce

compliance with specifications;

     (6) To supervise and control the advertising for bids and awards for state purchases;

     (7) To regulate the requisitioning and storage of purchased items, the disposal of surplus

and salvage, and the transfer to or between state departments and agencies of needed supplies,

equipment, and materials;

     (8) To maintain, equip, and keep in repair the state house, state office building, and other

premises owned or rented by the state for the use of any department or agency, excepting those

buildings, the control of which is vested by law in some other agency;

     (9) To provide for the periodic inspection, appraisal or inventory of all state buildings and

property, real and personal;

     (10) To require reports from state agencies on the buildings and property in their custody;

     (11) To issue regulations to govern the protection and custody of the property of the state;

     (12) To assign office and storage space and to rent and lease land and buildings for the use

of the several state departments and agencies in the manner provided by law;

     (13) To control and supervise the acquisition, operation, maintenance, repair, and

replacement of state-owned motor vehicles by state agencies;

     (14) To maintain and operate central duplicating and mailing service for the several state

departments and agencies;

     (15) To furnish the several departments and agencies of the state with other essential office

services;

     (16) To survey and examine the administration and operation of the state departments and

agencies, submitting to the governor proposals to secure greater administrative efficiency and

economy, to minimize the duplication of activities, and to effect a better organization and

consolidation of functions among state agencies;

     (17) To operate a merit system of personnel administration and personnel management as

defined in § 36-3-3 in connection with the conditions of employment in all state departments and

agencies within the classified service;

     (18) To assign or reassign, with the approval of the governor, any functions, duties, or

powers established by this chapter to any agency within the department;

     (19) To establish, maintain, and operate a data processing center or centers, approve the

acquisition and use of electronic data processing services by state agencies, furnish staff assistance

in methods, systems and programming work to other state agencies, and arrange for and effect the

centralization and consolidation of punch card and electronic data processing equipment and

services in order to obtain maximum utilization and efficiency;

     (20) To devise, formulate, promulgate, supervise, and control a comprehensive and

coordinated statewide information system designed to improve the database used in the

management of public resources, to consult and advise with other state departments and agencies

and municipalities to assure appropriate and full participation in this system, and to encourage the

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participation of the various municipalities of this state in this system by providing technical or other

appropriate assistance toward establishing, within those municipalities, compatible information

systems in order to obtain the maximum effectiveness in the management of public resources;

     (i) The comprehensive and coordinated statewide information system may include a Rhode

Island geographic information system of land-related economic, physical, cultural and natural

resources.

     (ii) In order to ensure the continuity of the maintenance and functions of the geographic

information system, the general assembly may annually appropriate such sum as it may deem

necessary to the department of administration for its support;

     (21) To administer a statewide planning program including planning assistance to the state

departments and agencies;

     (22) To administer a statewide program of photography and photographic services;

     (23) To negotiate with public or private educational institutions in the state, in cooperation

with the department of health, for state support of medical education;

     (24) To promote the expansion of markets for recovered material and to maximize their

return to productive economic use through the purchase of materials and supplies with recycled

content by the state of Rhode Island to the fullest extent practically feasible;

     (25) To approve costs as provided in § 23-19-32;

     (26) To provide all necessary civil service tests for child protective investigators and

individuals seeking employment as social workers at the department of human services at least

twice each year and to maintain an adequate hiring list for these positions this position at all times;

     (27)(a) To prepare a report every three (3) months by all current property leases or rentals

by any state or quasi-state agency to include the following information:

     (i) Name of lessor;

     (ii) Description of the lease (purpose, physical characteristics, and location);

     (iii) Cost of the lease;

     (iv) Amount paid to date;

     (v) Date initiated;

     (vi) Date covered by the lease.

     (b) To prepare a report by October 31, 2014, of all current property owned by the state or

leased by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

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     (iv) Ratio and listing of buildings owned by the state versus leased;

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2016;

     (xiii) Map of all state buildings which provides: cost per square foot to maintain, total

number of square feet, total operating cost, date each lease expires, number of persons per building

and total number of vacant seats per building; and

     (xiv) Industry benchmark report which shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (28) To prepare a report to the chairs of the house and senate finance committees by

December 15, 2021, and each year thereafter of all current property owned by the state or leased

by any state agency or quasi-state agency to include the following information:

     (i) Total square feet for each building or leased space;

     (ii) Total square feet for each building and space utilized as office space currently;

     (iii) Location of each building or leased space;

     (iv) Ratio and listing of buildings owned by the state versus leased;

     (v) Total occupancy costs which shall include capital expenses, provided a proxy should

be provided to compare properties that are owned versus leased by showing capital expenses on

owned properties as a per square foot cost at industry depreciation rates;

     (vi) Expiration dates of leases;

     (vii) Number of workstations per building or leased space;

     (viii) Total square feet divided by number of workstations;

     (ix) Total number of vacant workstations;

     (x) Percentage of vacant workstations versus total workstations available;

     (xi) Date when an action is required by the state to renew or terminate a lease;

     (xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each

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subsequent year thereafter;

     (xiii) Map of all state buildings that provides: cost per square foot to maintain, total number

of square feet, total operating cost, date each lease expires, number of persons per building and

total number of vacant seats per building; and

     (xiv) Industry benchmark report that shall include total operating cost by full-time

equivalent employee, total operating cost by square foot and total square feet divided by full-time

equivalent employee;

     (29) To provide by December 31, 1995, the availability of automatic direct deposit to any

recipient of a state benefit payment, provided that the agency responsible for making that payment

generates one thousand (1,000) or more such payments each month;

     (30) To encourage municipalities, school districts, and quasi-public agencies to achieve

cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or

by entering into collaborative agreements with other municipalities, districts, or agencies. To assist

in determining whether the benefit levels including employee cost sharing and unit costs of such

benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies

as compared with state benefit levels and costs; and

     (31) To administer a health benefit exchange in accordance with chapter 157 of this title.

     SECTION 2. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department

of Children, Youth and Families" is hereby amended to read as follows:

     42-72-5. Powers and scope of activities.

     (a) The department is the principal agency of the state to mobilize the human, physical, and

financial resources available to plan, develop, and evaluate a comprehensive and integrated

statewide program of services designed to ensure the opportunity for children to reach their full

potential. The services include prevention, early intervention, outreach, placement, care and

treatment, and after-care programs; provided, however, that the department notifies the state police

and cooperates with local police departments when it receives and/or investigates a complaint of

sexual assault on a minor and concludes that probable cause exists to support the allegations(s).

The department also serves as an advocate for the needs of children. Additionally, on or before

August 1, 2023, the department shall implement the hiring process developed by the director

pursuant to subsection (f) of this section.

     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

     (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

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     (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

     (3) To establish plans and facilities for emergency treatment, relocation, and physical

custody of abused or neglected children that may include, but are not limited to,

homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis

teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

     (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and procedure

manual to standardize protective services;

     (5) To plan and initiate primary- and secondary-treatment programs for abused and

neglected children;

     (6) To evaluate the services of the department and to conduct periodic, comprehensive-

needs assessment;

     (7) To license, approve, monitor, and evaluate all residential and non-residential group

homes, foster homes, and programs;

     (8) To recruit and coordinate community resources, public and private;

     (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

expungement of case records pertaining to matters under the jurisdiction of the department;

     (10) To establish a minimum mandatory level of twenty (20) hours of training per year and

provide ongoing staff development for all staff; provided, however, all social workers hired after

June 15, 1991, within the department shall have a minimum of a bachelor’s degree in social work

or a closely related field, and must be appointed from a valid, civil-service list;

     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

     (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the administrative procedures act, chapter 35 of this title;

     (13) To provide and act as a clearinghouse for information, data, and other materials

relative to children;

     (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

and statewide problems concerning children;

     (15) To represent and act on behalf of the state in connection with federal-grant programs

applicable to programs for children in the functional areas described in this chapter;

     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

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department, and to assist other agencies of the state, local agencies, and community groups in taking

advantage of all federal grants and subventions available for children;

     (17) To review and coordinate those activities of agencies of the state, and of any political

subdivision of the state, that affect the full and fair utilization of community resources for programs

for children, and initiate programs that will help ensure utilization;

     (18) To administer the pilot, juvenile-restitution program, including the overseeing and

coordinating of all local, community-based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service;

     (19) To adopt rules and regulations that:

     (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

subsequent twelve-month (12) period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

     (ii) Are reasonably necessary to implement the child-welfare services and foster-care

programs;

     (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

     (21) To establish fee schedules by regulations for the processing of requests from adoption

placement agencies for adoption studies, adoption study updates, and supervision related to

interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered,

but in no event shall the fee exceed two thousand dollars ($2,000);

     (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state-operated or -supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the council on elementary and secondary education either directly or through contract;

     (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all healthcare professionals;

     (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community-based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

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emotionally disturbed children and children with functional developmental disabilities;

     In fulfilling its responsibilities the department shall:

     (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

     (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

     (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

     (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

     (A) Is attributable to a mental or physical impairment or combination of mental physical

impairments;

     (B) Is manifested before the person attains age eighteen (18);

     (C) Is likely to continue indefinitely;

     (D) Results in age-appropriate, substantial, functional limitations in three (3) or more of

the following areas of major life activity:

     (I) Self-care;

     (II) Receptive and expressive language;

     (III) Learning;

     (IV) Mobility;

     (V) Self direction;

     (VI) Capacity for independent living; and

     (VII) Economic self-sufficiency; and

     (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

or generic care, treatment, or other services that are of life-long or extended duration and are

individually planned and coordinated.

     The department shall adopt rules and regulations that are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

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least in accordance with rules and regulations to be adopted by the department, at least its average

per-pupil cost for special education for the year in which placement commences, as its share of the

cost of educational services furnished to a seriously emotionally disturbed child pursuant to this

section in a residential treatment program that includes the delivery of educational services.

     “Seriously emotionally disturbed child” means any person under the age of eighteen (18)

years, or any person under the age of twenty-one (21) years, who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been

ongoing for one year or more or has the potential of being ongoing for one year or more; and the

child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at

risk of placement because of the disability.

     A child with a “functional developmental disability” means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

     The term “functional developmental disability” includes autism spectrum disorders and

means a severe, chronic disability of a person that:

     Funding for these clients shall include funds that are transferred to the department of human

services as part of the managed healthcare program transfer. However, the expenditures relating to

these clients shall not be part of the department of human services’ caseload estimated for the semi-

annual, caseload-estimating conference. The expenditures shall be accounted for separately;

     (25) To provide access to services to any person under the age of eighteen (18) years, or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter, and elects to continue to receive such services after attaining the age of eighteen

(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount

of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a

managed system to care for children serviced between 18 to 21 years of age. The department shall

manage this caseload to this level of funding;

     (26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals and local school departments for any child who

receives services through DCYF; is seriously emotionally disturbed or developmentally delayed

pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department

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of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21)

years; the transition planning shall commence at least twelve (12) months prior to the person’s

twenty-first birthday and shall result in a collaborative plan submitted to the family court by both

the department of behavioral healthcare, developmental disabilities and hospitals and the

department of children, youth and families and shall require the approval of the court prior to the

dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-

first birthday;

     (27) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the department

or at risk of being in state care. This continuum of care should be family centered and community

based with the focus of maintaining children safely within their families or, when a child cannot

live at home, within as close proximity to home as possible based on the needs of the child and

resource availability. The continuum should include community-based prevention, family support,

and crisis-intervention services, as well as a full array of foster care and residential services,

including residential services designed to meet the needs of children who are seriously emotionally

disturbed, children who have a functional developmental disability, and youth who have juvenile

justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of

care for children in the care and custody of DCYF, taking into account the availability of public

and private resources and financial appropriations and the director shall submit an annual report to

the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-

72-4(b)(13);

     (28) To administer funds under the John H. Chafee Foster Care Independence and

Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42

U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter

72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the

department; and

     (29) To process nationwide criminal record checks on prospective foster parents and any

household member age 18 or older, prospective adoptive parents and any household member age

18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed

special advocates, persons seeking employment in a childcare facility or at the training school for

youth or on behalf of any person seeking employment at DCYF, who are required to submit to

nationwide criminal background checks as a matter of law.

     (c) In order to assist in the discharge of his or her duties, the director may request from any

agency of the state information pertinent to the affairs and problems of children.

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     (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

     (f) On or before August 1, 2023, the director shall establish a process for hiring individuals

seeking employment at the department as a social worker or child protective investigator. The

department shall be provided with funding for one full-time employee, or the equivalent, to support

the implementation of the hiring process. The process shall be in effect through July 31, 2024.

     (1) Generally, the process shall include, but need not be limited to:

     (i) Identifying minimum eligibility criteria for candidates’ education and experience;

     (ii) Administering the requisite civil service examinations;

     (iii) Conducting in-person interviews;

     (iv) Determining which applicants will be offered employment; and

     (v) Determining the order in which employment offers will be given.

     (2) Specifically, the process shall include, but need not be limited to, the following

elements:

     (i) Minimum eligibility criteria.

     (A) Individuals seeking to be employed as a social worker at the department shall have a

minimum of a bachelor’s degree in social work. Alternatively, individuals may have a bachelor’s

degree in a field that is closely related to social work, as determined by the director.

     (ii) Civil service examinations.

     (A) Examinations shall be offered by the department at least three (3) times per month to

individuals who meet the minimum eligibility criteria pursuant to subsection (f)(2)(i) of this section

and any regulations promulgated thereunder.

     (I) One examination shall be offered on a weekday between the hours of 9:00 AM and 5:00

PM.

     (II) One examination shall be offered on a weekday between the hours of 6:00 PM and

9:00 PM.

     (III) One examination shall be offered on a Saturday or Sunday between the hours of 9:00

AM and 5:00 PM.

     (B) Applicants shall register to take the examination. The director shall determine:

     (I) How long before an examination is scheduled to take place an individual must register;

and

     (II) The acceptable method(s) of registration. These methods may include, but are not

limited to, a form that can be submitted directly through the department’s website, a telephone

number, or an email address.

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     (III) If a particular examination has received no registrations by the deadline imposed by

the director pursuant to this subsection, the department shall be exempted from offering an

examination at that time and remain in compliance with this subsection.

     (C) If an applicant passes the examination, the applicant shall be invited to an in-person

interview.

     (D) If an applicant does not pass the examination, the department shall notify the applicant

as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so

until sixty (60) days have passed from the date said notification was sent.

     (iii) In-person interviews.

     (A) Applicants who pass the civil service examination shall be invited to an in-person

interview.

     (B) The interview shall be conducted by at least two (2) current employees of the

department.

     (I) One of whom shall have a culturally or racially diverse background; and

     (II) One of whom is currently performing the duties of the job the applicant is seeking, or

has performed those duties within the past five (5) years.

     (III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this

section does not necessarily require two (2) individuals. One individual may satisfy both

requirements.

     (C) There shall be a good faith effort to accommodate the availability of the applicant and

the individuals on the panel when scheduling the interview.

     (iv) Offering employment.

     (A) Employment shall be offered to applicants who successfully complete both the civil

service examination and the in-person interview.

     (B) Determining whether an applicant successfully completes the in-person interview shall

be based on criteria established by the director.

     (I) The director may consult with the department when establishing said criteria.

     (II) The director may create a method of scoring interviews to provide objectivity and

uniformity when assessing applicants. The scoring method may assign weights to various aspects

of the interview according to the importance of that element to the job the applicant is seeking.

     (3) The department may promulgate rules and regulations to implement the purpose of this

subsection.

     (g) On or before January 5, 2024, the department shall provide an interim report to the

senate president and the speaker of the house regarding the hiring process developed and

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implemented pursuant to subsection (f) of this section. The report shall include, but is not limited

to, the following data concerning social workers and child protective investigators at the

department:

     (1) The number of social workers hired using the process developed pursuant to subsection

(f) of this section;

     (2) The number of child protective investigators hired using the process developed pursuant

to subsection (f) of this section;

     (3) The number of terminations or resignations since August 1, 2023;

     (4) The number of vacancies that existed on August 1, 2023 and the number of vacancies

that exist as of the date of the report; and

     (5) Any barriers to hiring that exist in spite of, or because of, the process developed

pursuant to subsection (f) of this section.

     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 STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF

ADMINISTRATION -- DEPARTMENT OF CHILDREN, YOUTH, AND FAMILIES

***

     This act would establish a new, temporary process in the department of children, youth and

families, for the hiring of social workers and child protective investigators at the department for a

one year period commencing on August 1, 2023.

     This act would take effect upon passage.

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