Chapter 240
2018 -- S 2353
Enacted 07/02/2018

A N   A C T
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN -- DUTY TO REPORT

Introduced By: Senators Goodwin, Ruggerio, Metts, Ciccone, and Quezada
Date Introduced: February 15, 2018

It is enacted by the General Assembly as follows:
     SECTION 1. Section 40-11-3.3 of the General Laws in Chapter 40-11 entitled "Abused
and Neglected Children" is hereby amended to read as follows:
     40-11-3.3. Duty to report -- Sexual abuse of a child in an educational program.
     (a) Any person who has reasonable cause to know or suspect that any child has been the
victim of sexual abuse by an employee, agent, contractor, or volunteer of an educational program
as defined in § 40-11-2 shall, within twenty-four (24) hours, transfer that information to the
department of children, youth and families, or its agent,; provided, however, that if the person
mandated to report is an employee, agent, contractor, or volunteer of an educational program as
defined in § 40-11-2, they shall immediately notify the principal, headmaster, executive director,
or other person in charge of the educational program, or their his or her designated agent. The
principal, headmaster, executive director, or other person in charge of the educational program, or
their his or her designated agent, shall be responsible for all subsequent notification to the
department of children, youth and families, or its agent in the manner required by this section. In
the case of a public educational program, the principal, headmaster, executive director, or other
person in charge of the educational program, or their his or her designated agent, shall also notify
the superintendent of the public educational program. Any transferred information shall include
the name, title, and contact information for every employee, agent, contractor, or volunteer of the
educational program who is believed to have direct knowledge of the allegation. Nothing in this
section is intended to require more than one report from any educational program for a specific
incident.
     (b) In order to provide guidance and consistency in reporting, the commissioner of
elementary and secondary education shall promulgate policies and procedures for the creation and
handling of reports made by the principal, headmaster, executive director, or other person in
charge of the educational program, or their his or her designated agent in order to carry out the
intent of this section.
     (c) The department of children, youth and families, or its agent who or which shall
immediately forward the report to state police and local law enforcement, and shall initiate an
investigation of the allegations of sexual abuse if it determines that the report meets the criteria
for a child protective services investigation. As a result of those reports and referrals, the
department shall refer those children to appropriate services and support systems in order to
provide for their health and welfare. In the event the department substantiates the allegations of
sexual abuse against an employee, agent, contractor, or volunteer of an educational program, the
department shall immediately notify the state police; local law-enforcement agency; the
department of education; the educational program; the person who is the subject of the
investigation; and the parent, or parents, of the child who is alleged to be the victim of the sexual
abuse of the department's findings.
      (b)(d) The director of the department of children, youth and families is authorized to
promulgate rules and regulations pertaining to the investigation of the allegation of sexual abuse
in order to carry out the intent of this section.
     (e) For purposes of this section, "reasonable cause to know or suspect" means that it is
objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a
reasonable person in a like position, drawing, when appropriate, on their the person’s training
and experience, to suspect child abuse. "Reasonable cause to know or suspect" does not require
certainty that child sexual abuse has occurred nor does it require a specific medical indication of
child sexual abuse; any "reasonable cause to know or suspect" is sufficient.
     SECTION 2. This act shall take effect upon passage.
========
LC004606
========