Chapter 286

2013 -- H 5749

Enacted 07/15/13

 

A N A C T

RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN

          

     Introduced By: Representatives Naughton, Ackerman, Silva, Bennett, and Hull

     Date Introduced: February 28, 2013

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 40-11-3 of the General Laws in Chapter 40-11 entitled "Abused and

Neglected Children" is hereby amended to read as follows:

 

     40-11-3. Duty to report -- Deprivation of nutrition or medical treatment. -- (a) Any

person who has reasonable cause to know or suspect that any child has been abused or neglected

as defined in section 40-11-2 or has been a victim of sexual abuse by another child shall, within

twenty-four (24) hours, transfer that information to the department of children, youth and families

or its agent who shall cause the report to be investigated immediately. As a result of those reports

and referrals, protective social services shall be made available to those children in an effort to

safeguard and enhance the welfare of those children and to provide a means to prevent further

abuse or neglect. The department shall establish and implement a single, statewide, toll-free

telephone to operate twenty-four (24) hours per day, seven (7) days per week for the receipt of

reports concerning child abuse and neglect, which reports shall be electronically recorded and

placed in the central registry established by section 42-72-7. The electronically recorded records,

properly indexed by date and other essential identifying data, shall be maintained for a minimum

of three (3) years; provided, however, any person who has been reported for child abuse and/or

neglect and who has been determined not to have neglected and/or abused a child, shall have his

or her record expunged as to that incident three (3) years after that determination. The department

shall establish rules and regulations requiring hospitals, health care centers, emergency rooms and

other appropriate health facilities to report on a quarterly basis the number of cases reported by

these institutions as suspected child abuse continuously maintain a management information

database which includes all of the information required to implement this section, including the

number of cases reported by hospitals, health care centers, emergency rooms and other

appropriate health care facilities.

      (b) The reporting shall include immediate notification of the department of any instance

where parents of an infant have requested deprivation of nutrition that is necessary to sustain life

and/or who have requested deprivation of medical or surgical intervention that is necessary to

remedy or ameliorate a life threatening medical condition, if the nutrition or medical or surgical

intervention is generally provided to similar nutritional, medical, or surgical conditioned infants,

whether disabled or not.

      (c) Nothing in this section shall be interpreted to prevent a child's parents and physician

from discontinuing the use of life-support systems or nonpalliative treatment for a child who is

terminally ill where, in the opinion of the child's physician exercising competent medical

judgment, the child has no reasonable chance of recovery from the terminal illness despite every

appropriate medical treatment to correct the condition.

 

     SECTION 2. This act shall take effect upon passage.

     

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LC01428

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