2016 -- H 7516 AS AMENDED

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LC004614

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS -- CHILD ABUSE

HOTLINE

     

     Introduced By: Representatives Johnston, Hull, O'Brien, Carnevale, and Canario

     Date Introduced: February 10, 2016

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

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     SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is

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hereby amended by adding thereto the following section:

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     16-21-36. Duty to report - Posting child abuse hotline telephone number. – Each

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public or private school in the state shall post a notice that contains the statewide, toll-free

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telephone number established and implemented by the department of children, youth and families

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pursuant to §40-11-3 for the receipt of reports concerning the suspicion of child abuse and neglect

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or that a child has been a victim of sexual abuse by another child, in a conspicuous, high-traffic

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area accessed and widely used by the students in each school.

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     SECTION 2. Section 40-11-3 of the General Laws in Chapter 40-11 entitled "Abused and

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Neglected Children" is hereby amended to read as follows:

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

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

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

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

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

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

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

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

 

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

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

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placed in the central registry established by section 42-72-7. The department shall create a sign

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using a format that is clear, simple and understandable to students that contains the statewide toll-

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free telephone number for posting in all public and private schools in languages predominately

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spoken in the state, containing pertinent information relating to reporting the suspicion of child

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abuse, neglect and sexual abuse. This sign shall be available to the school districts electronically.

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The electronically recorded records, properly indexed by date and other essential identifying data,

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shall be maintained for a minimum of three (3) years; provided, however, any person who has

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been reported for child abuse and/or neglect and who has been determined not to have neglected

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and/or abused a child, shall have his or her record expunged as to that incident three (3) years

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after that determination. The department shall continuously maintain a management information

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

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

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appropriate health care facilities.

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

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

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

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

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

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whether disabled or not.

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

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

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

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

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appropriate medical treatment to correct the condition.

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     SECTION 3. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS -- CHILD ABUSE

HOTLINE

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     This act would require posting in every public school of a sign providing the telephone

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number of the child abuse hotline.

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     This act would take effect upon passage.

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