2021 -- H 5283

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LC000057

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2021

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER

AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL HEALTH PROGRAMS

     Introduced By: Representatives Williams, Vella-Wilkinson, McEntee, Alzate, and Felix

     Date Introduced: January 29, 2021

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72.1-5 of the General Laws in Chapter 42-72.1 entitled "Licensing

and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and Adoptive Homes,

and Children's Behavioral Health Programs" is hereby amended to read as follows:

     42-72.1-5. General licensing provisions.

     The following general licensing provisions shall apply:

     (1) A license issued under this chapter is not transferable and applies only to the licensee

and the location stated in the application and remains the property of the department. A license

shall be publicly displayed. A license shall be valid for one year from the date of issue and upon

continuing compliance with the regulations. A license issued to a foster parent, and/or a license

issued to a program for mental health services for "seriously emotionally disturbed children" as

defined in § 42-72-5(b)(24) shall be valid for two (2) years from the date of issue.

     (2) Every license application issued pursuant to § 42-72.1-4 shall be accompanied by a

nonrefundable application fee paid to the State of Rhode Island as follows:

     (a) Adoption and foster care child placing agency license -- one thousand dollars ($1,000);

     (b) [Deleted by P.L. 2019, ch. 88, art. 4, § 21].

     (c) [Deleted by P.L. 2019, ch. 88, art. 4, § 21].

     (d) [Deleted by P.L. 2019, ch. 88, art. 4, § 21].

     (3) All fees collected by the state pursuant to subsection (2) of this section shall be

deposited by the general treasurer as general revenues.

     (4) A licensee shall comply with applicable state fire and health safety standards.

     (5) The department may grant a provisional license to an applicant, excluding any foster

parent applicant, who is not able to demonstrate compliance with all of the regulations because the

program or residence is not in full operation; however, the applicant must meet all regulations that

can be met in the opinion of the administrator before the program is fully operational. The

provisional license shall be granted for a limited period not to exceed six (6) months and shall be

subject to review every three (3) months.

     (6)The department may grant a probationary license to a licensee who is temporarily unable

to comply with a rule or rules when the noncompliance does not present an immediate threat to the

health and well-being of the children, and when the licensee has obtained a plan approved by the

administrator to correct the areas of noncompliance within the probationary period. A probationary

license shall be issued for up to twelve (12) months; it may be extended for an additional six (6)

months at the discretion of the administrator. A probationary license that states the conditions of

probation may be issued by the administrator at any time for due cause. Any prior existing license

is invalidated when a probationary license is issued. When the probationary license expires, the

administrator may reinstate the original license to the end of its term, issue a new license or revoke

the license.

     (7) The administrator will establish criteria and procedure for granting variances as part of

the regulations.

     (8) The above exceptions (probationary and provisional licensing and variances) do not

apply to and shall not be deemed to constitute any variance from state fire and health safety

standards. However, if a request for a variance of fire inspection deficiencies has been submitted

to the fire safety code board of appeal and review, DCYF may grant a provisional license to

terminate no later than thirty (30) days following the board's decision on said variance.

     (9) [Deleted by P.L. 2019, ch. 88, art. 4, § 21].

     (10) All persons granted a foster care license shall be required to undertake ongoing

training to promote their sensitivity to their foster child's culture. The department shall promulgate

rules and regulations setting forth the requirements of this training.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER

AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL HEALTH PROGRAMS

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     This act would require all foster parents to undergo sensitivity training regarding the culture

of their foster child.

     This act would take effect upon passage.

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