2000-H 6824 am
Enacted 7/7/2000

A N     A C T


Introduced By:

Representatives Giannini, Cambio, Flaherty, Shavers and Thompson

Date Introduced :

January 12, 2000

It is enacted by the General Assembly as follows:

SECTION 1. Section 14-1-34 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:

14-1-34. Placement of dependent and neglected children -- Criminal records of foster parents made available. -- If, after a hearing on any petition, a child shall be found to be "dependent" or "neglected" within the meaning of this chapter, the court shall by decree assign the custody of the child to any institution or agency under the control of the department of children, youth, and families or to any of the private agencies, societies, or institutions licensed by the department to place dependent or neglected children in family homes or in special institutions, or to receive and provide temporary or continued care for dependent or neglected children, for such a period as shall seem fit to the court; and the state institution, or the agency, society, or institution, as the case may be, shall thereupon become entitled to the custody of said child to the exclusion of any other person; provided, further, that none of the societies or any other person shall be entitled to the goods and chattels of said child. The court may at any time, for good cause shown, modify or revoke said decree. For any individual eighteen (18) years of age or older, the family court may order that the case management services be provided by the licensed agency, society, or institution in which the individual is placed, provided however, that the department monitors the individual's case on a quarterly basis. The department for children, youth, and families shall apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check of present and prospective foster parents. The check will conform to the applicable federal standards including the taking of fingerprints to identify the applicant. The agencies, societies, or institutions, and the department of children, youth, and families shall request the attorney general, through the division of criminal identification, to make available any criminal record of present and prospective foster parents. The attorney general shall forthwith comply with that request, and the requesting agency, society, or institution, or the department of children, youth, and families, as the case may be, shall examine these records in determining the suitability of these persons to be foster parents. The criminal record check shall be conducted without charge to the foster parents. At the conclusion of the backround check required herein, the state police, attorney general or he local police department shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.

SECTION 2. This act shall take effect upon passage.

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