2013 -- H 5749

=======

LC01428

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

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

     Referred To: House Finance

It is enacted by the General Assembly as follows:

1-1

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

1-2

Neglected Children" is hereby amended to read as follows:

1-3

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

1-4

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

1-5

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

1-6

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

1-7

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

1-8

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

1-9

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

1-10

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

1-11

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

1-12

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

1-13

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

1-14

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

1-15

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

1-16

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

1-17

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

1-18

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

1-19

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

1-20

these institutions as suspected child abuse continuously maintain a management information

2-1

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

2-2

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

2-3

appropriate health care facilities.

2-4

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

2-5

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

2-6

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

2-7

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

2-8

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

2-9

whether disabled or not.

2-10

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

2-11

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

2-12

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

2-13

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

2-14

appropriate medical treatment to correct the condition.

2-15

     SECTION 2. This act shall take effect upon passage.

=======

LC01428

=======

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN

***

3-1

     This act would repeal the provisions of the general laws which required the department of

3-2

children, youth and families to establish rules and regulations requiring hospitals and other health

3-3

care facilities to submit quarterly reports regarding suspected child abuse and neglect cases and

3-4

would establish a management information database which would include the number of cases

3-5

reported and other information as required in this section.

3-6

     This act would take effect upon passage.

=======

LC01428

=======