Chapter 154
2016 -- H 7034 SUBSTITUTE A
Enacted 06/27/2016

A N   A C T
RELATING TO DELINQUENT AND DEPENDENT CHILDREN - NATIONAL CRIMINAL RECORDS CHECK

Introduced By: Representatives Ruggiero, Diaz, Slater, Ucci, and Fellela
Date Introduced: January 07, 2016

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. -- (a) 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 the director of children, youth and families, for any period that shall seem
fit to the court; and the director of children, youth, and families shall become entitled to the
custody of the child to the exclusion of any other person. The court may at any time, for good
cause shown, modify or revoke the decree.
      (b) The department for of 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 prospective foster parents or the department of children, youth and
families may directly process a nationwide, criminal-records check of prospective foster parents
and any household member age 18 and older. The check will conform to the applicable federal
standards including the taking of fingerprints to identify the applicant. 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 immediately comply with that request, and the department of children,
youth, and families, 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 background check required in this section, the state police,
attorney general, or the local police department shall promptly destroy the fingerprint record of
the applicant obtained pursuant to this chapter.
      (c) No license shall be issued by the department of children, youth and families to any
individual seeking to be licensed as a foster parent until such time as the results of both the
nationwide and statewide, criminal-record background check, including the nature of any prior
criminal record, are forwarded to the department of children, youth and families. The department
may authorize the placement of a child in a prospective foster home pending licensure for a
period not to exceed six (6) months only after the department has conducted a DCYF background
check pursuant to § 40-13.2-3.1 and a statewide, criminal-record background check. In the event
the department is unable to complete the licensing process within six (6) months of the child's
placement in the foster home, and if the department determines that continued placement of the
child in said foster home is in the child's best interest, the department shall file a petition with the
family court to seek authorization to allow the child(ren) to remain in the foster home pending
completion of the licensing process. The department shall provide notice of all such petitions to
the office of the child advocate, children(s) parent/guardian, and CASA attorney.
     SECTION 2. Section 15-7-11 of the General Laws in Chapter 15-7 entitled "Adoption of
Children" is hereby amended to read as follows:
     15-7-11. Investigation and report as to adoptive home. -- (a) Upon the filing of a
petition so presented and consented to for the adoption of a minor child, the court shall notify the
department of children, youth and families. It shall then be the duty of the department to verify
the allegations of the petition, and to make appropriate investigation to determine whether the
proposed adoptive home is a suitable home for the child. The department shall, within sixty (60)
days, submit to the court a full report in writing, with recommendation as to the granting of the
petition and any other information regarding the child or the proposed home which the court shall
require. In circumstances where the petition for adoption concerns a child who has been placed
for adoption by a duly licensed, child-placement agency, the court may accept the home study
report of the child-placement agency in lieu of the investigation and recommendation of the
department of children, youth and families; provided, the child-placement agency includes in its
home-study report any criminal record of the prospective adoptive parent. All costs relating to
criminal-background checks shall be the responsibility of the public or private entity conducting
the home study;
      (b) As part of the investigation or investigative home-study report, a request shall be
made to the attorney general through the division of criminal identification to make available any
criminal record of the prospective adoptive parent maintained by the division. The prospective
adoptive parent, and any household member age 18 and older, shall apply to the bureau of
criminal identification of the state police or the local police department, or the department of
children, youth and families, for a nationwide, criminal-records check unless they have
previously submitted to a nationwide, criminal-records check in accordance with § 14-1-34
and/or §§ 40-13.2-2, 40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4 and 16-48.1-5. The attorney
general shall immediately comply with the request of the department or child-placement agency,
and the report of the attorney general shall be made part of the investigative home study
submitted to court.
      (c) Pursuant to § 40-13.2-4, the director of DCYF will determine by rules and
regulations those items of information appearing on a criminal-records check which constitute
disqualifying information because that information would indicate the prospective adoptive
parent could endanger the health or welfare of a child or children. Upon the discovery of any
disqualifying information with respect to a proposed prospective adoptive parent, the agency
conducting the home study will be informed by the director in writing of the nature of the
disqualifying information the director shall inform the agency that disqualifying information has
been discovered, without disclosing the nature of the disqualifying information.
      (d) At the conclusion of any criminal-records check required by this section, the
fingerprint card of the person subject to the nationwide, criminal-records check shall be promptly
destroyed.
      (e) Provisions of this section may, in the discretion of the court, be waived in the case of
a petition for the adoption of a child where the child is the natural child of one of the parties
petitioning for the adoption and resides with the petitioning parties.
      (f) Specific definitions and procedures for adoptive home studies are to be provided in
regulations promulgated by the department for of children, youth and families in accordance with
the administrative procedures act. All investigative home studies submitted to the court shall be
based on a minimum of two (2) home visits by the agency conducting the home study. All
prospective siblings and any other household members shall be interviewed during a home visit.
Agencies conducting the home study shall have a minimum of one home visit following
completion of the home study process. A summary of the agency's past and present contact with
the prospective adoptive family shall be included in the home study. The agency shall include in
the home study its recommendations for approval or disapproval of the adoption and the reasons
for its conclusion.
      (g) The following information shall be included in all home studies submitted to the
court:
      (1) Identifying information on all household members, including minor children and the
current needs of each child;
      (2) Information regarding the prospective adoptive parent's motivation and reasons for
the adoption;
      (3) Current background information on the prospective adoptive parents, including
written self-assessment;
      (4) Child-care experience and parenting philosophy of the prospective adoptive parents;
      (5) Information regarding past and present marriage and/or partnership relationships;
      (6) Current medical and psychological conditions, including addiction to drugs or
alcohol of any prospective adoptive parents, that may be seriously detrimental to the health and
welfare of children;
      (7) Description of the home and local community, including any health and safety
concerns regarding the home;
      (8) Information regarding the finances and employment of the prospective adoptive
parents;
      (9) Reference letters from at least three (3) individuals at least two (2) of whom are non-
relatives;
      (10) Results of background checks with DCYF and clearance checks regarding state and
federal criminal records, without disclosing the nature of the disqualifying information,
conducted on the prospective adoptive parents and any household member age 18 and older;
      (11) Information related to the prospective adoptive parent's willingness and ability to
accept and cooperate with adoption support services, including their level of understanding
regarding openness with birth family; and
      (12) Information related to the match between prospective adoptive parents and the
child, including attitudes and capabilities of prospective adoptive parents and the child's
characteristics and background.
     SECTION 3. Sections 40-13.2-4, 40-13.2-5 and 40-13.2-5.2 of the General Laws in
Chapter 40-13.2 entitled "Certification of Child Care and Youth Serving Agency Workers" are
hereby amended to read as follows:
     40-13.2-4. Criminal records check -- Operators of child care facilities which must be
licensed or registered with the department. -- Any person seeking to operate a facility, which
is, or is required to be, licensed or registered with the department, shall apply to the Rhode Island
bureau of criminal identification, or the department of children, youth and families, for a
nationwide, criminal-records check. The check will conform to the applicable federal standards,
including the taking of fingerprints to identify the applicant, and any expense associated with
providing the criminal-records check shall be paid by the applicant and/or requesting agency. The
director will determine by rule those items of information appearing on a criminal-records check,
which constitute disqualifying information because that information would indicate that the
employment could endanger the health or welfare of a child or children. Upon the discovery of
any disqualifying information with respect to a proposed operator, the Rhode Island bureau of
criminal identification will inform the director, in writing, of the nature of the disqualifying
information.
     40-13.2-5. Criminal-records check -- Employee of child-care facilities which must be
licensed by the department. -- (a) Any person seeking employment, if that employment involves
supervisory or disciplinary power over a child or children or involves routine contact with a child
or children without the presence of other employees, in any facility which is, or is required to be,
licensed or registered with the department, or seeking that employment at the training school for
youth, shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to
the bureau of criminal identification of the state police or the local police department, or the
department of children, youth and families, for a nationwide, criminal-records check. The check
will conform to applicable federal standards including the taking of fingerprints to identify the
applicant.
      (b) Upon the discovery of any disqualifying information as defined in accordance with
the rule promulgated by the director, the bureau of criminal identification of the state police or the
local police department will inform the applicant, in writing, of the nature of the disqualifying
information. In addition, the bureau of criminal identification of the state police or the local
police department will inform the relevant employer, in writing, without disclosing the nature of
the disqualifying information, that an item of disqualifying information has been discovered.
      (c) In those situations in which no disqualifying information has been found, the bureau
of criminal identification of the state police or the local police department will inform both the
applicant and the employer, in writing, of this fact.
      (d) The employer will maintain on file, subject to inspection by the department, evidence
that criminal-records checks have been initiated on all employees seeking employment after
August 1, 1985, and the results of the checks.
      (e) Failure to maintain that evidence on file will be prima facie grounds to revoke the
license or registration of the operator of the facility.
      (f) It will be the responsibility of the bureau of criminal identification of the state police
or the local police department, or the department of children, youth and families, to conduct the
nationwide, criminal-records check pursuant to this section. The nationwide, criminal-records
check will be provided to the applicant for employment without charge.
     40-13.2-5.2. Criminal-records check -- Employees of the department of children,
youth and families. -- (a) Any person seeking employment with the department of children,
youth and families shall apply to the bureau of criminal identification (BCI), department of
attorney general, state police, or local police department where the applicant resides, or the
department of children, youth and families, for a national and state criminal-records check. The
check shall conform to the applicable federal standards, including the taking of fingerprints to
identify the applicant. The director shall determine by rule those items of information appearing
on a criminal-records check which constitute disqualifying information because the information
would indicate that employment could endanger the health or welfare of a child or children and
would be inconsistent with the purpose and intent of the department of children, youth and
families.
      (b) The department of attorney general, the state police, or the local police department
shall forward the results of the nationwide and state criminal-record checks, including the nature
of any criminal record, on the individual to the individual and to the department of children,
youth and families. Upon the discovery of any disqualifying information with respect to an
applicant, the department of children, youth and families shall inform the applicant of the
disqualifying information.
      (c) The cost of criminal-record checks required by this section for individuals who are
not currently employed by the State of Rhode Island shall be the responsibility of the applicant.
The cost of criminal-records checks required by this section for individuals who are currently
employed by the State of Rhode Island shall be the responsibility of the department of children,
youth and families.
      (d) Any individual required to submit to a criminal-background check, state and/or
federal, under subsection (a) above who has submitted to a criminal-background check conducted
within the previous six (6) months in accordance with § 14-1-34 and/or § 15-7-11 and/or §§ 40-
13.2-2, 40-13.2-4, 40-13.2-5, and/or § 40-13.2-9, shall be exempt from an additional check but
shall request the department of attorney general, the state police, or the local police department
which conducted the check forward the results, including the nature of the criminal record, to the
department of children, youth and families.
     SECTION 4. 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.
      (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;
      (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, day-care 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 child
care institutions, 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 title 42;
      (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
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; and
      (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 board of regents for 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 health-care 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,
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.
      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
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 which 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 on-going 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:
      (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.
      Funding for these clients shall include funds that are transferred to the department of
human services as part of the managed health-care-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 department of
children, youth and families 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 the department of children, youth and families,; is seriously
emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v),; and whose care
may or shall be administered by the department 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 the department of
children, youth and families, 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 subsection § 42-72-
4(b)(13).;
      (28) To administer funds under the John H. Chafee Foster Care Independence and
Educational Aand Training Voucher (ETV) Programs of Title IV-E of the Social Security Act,
and the department of children, youth and families 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 child-care facilities, persons seeking employment in a child-care
facility or at the training school for youth or on behalf of any person seeking employment at the
department of children, youth and families, 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.
      (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]
      (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]
     SECTION 5. This act shall take effect upon passage.
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LC003328/SUB A/2
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