2022 -- H 8077

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LC004915

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HUMAN SERVICES - CERTIFICATION OF CHILDCARE AND YOUTH-

SERVING WORKERS AND OPERATORS

     

     Introduced By: Representatives Shallcross Smith, Baginski, Williams, Caldwell,
Cortvriend, Ranglin-Vassell, and Amore

     Date Introduced: April 01, 2022

     Referred To: House Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled

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"Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read

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as follows:

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     40-13.2-5. Criminal records check -- Employees of child day care, daycare centers,

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family daycare homes, group family daycare homes, child-placing agencies and residential

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childcare facilities that must be licensed by the department.

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     (a) Any person seeking employment in a "child day care" program, a "family daycare

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home," "group family daycare home," or in a "child daycare center" as defined in § 42-12.5-2, if

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that employment involves supervisory or disciplinary power over a child or children or involves

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routine contact with a child or children without the presence of other employees, or any adult

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household member of any operator of a "family daycare home" and "group family daycare home,"

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or seeking that employment or to volunteer at the training school for youth, shall, after acceptance

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by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal

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identification of the state police or the local police department, or the office of the attorney general,

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or the department of children, youth and families, for a nationwide criminal records check. The

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check will conform to applicable federal standards including the taking of fingerprints to identify

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the applicant. Further, any person seeking employment in a "child day care" program, in a "child

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daycare center," and/or in a "child daycare provider" as defined in § 42-12.5-2, if that employment

 

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involves supervisory or disciplinary power over a child or children or involves routine contact with

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a child or children without the presence of other employees shall apply to the bureau of criminal

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identification of the state police or the local police department or the office of the attorney general

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to conduct all necessary criminal background checks as required by the Child Care and

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Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks

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as required by this section shall be conducted for every five (5) years of continuous childcare

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employment from the date of the previous criminal background check. The cost of the criminal

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records checks, required by this subsection, shall not be borne by the person(s) seeking

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employment.

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     (b) Any person seeking employment in a "child-placing agency" as defined in § 42-72.1-

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2, if that employment involves supervisory or disciplinary power over a child or children or

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involves routine contact with a child or children without the presence of other employees, shall,

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after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of

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criminal identification of the state police or the local police department, or the office of the attorney

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general or the department of children, youth and families, for a nationwide criminal records check.

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The check will conform to applicable federal standards including the taking of fingerprints to

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identify the applicant.

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     (c) Any person seeking employment in a "childcaring agency," "children's behavioral

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health program," or in a "foster and adoptive home" as defined in § 42-72.1-2, that is, or is required

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to be, licensed or registered with the department of children, youth and families, shall, after

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acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal

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identification of the state police or the local police department, or the office of the attorney general,

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or the department of children, youth and families, for a nationwide criminal records check. The

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check will conform to applicable federal standards including the taking of fingerprints to identify

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the applicant.

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     (d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.]

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     (e) Upon the discovery of any disqualifying information as defined in accordance with the

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rule promulgated by the director, the bureau of criminal identification of the state police or the local

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police department or the office of the attorney general or the department of children, youth and

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families will inform the applicant, in writing, of the nature of the disqualifying information. In

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addition, the bureau of criminal identification of the state police or the office of the attorney general,

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or department of children, youth and families, or the local police department will inform the

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relevant employer, in writing, without disclosing the nature of the disqualifying information, that

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an item of disqualifying information has been discovered.

 

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     (f) In those situations in which no disqualifying information has been found, the bureau of

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criminal identification of the state police or the local police department or the office of the attorney

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general, or the department of children, youth and families will inform both the applicant and the

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employer, in writing, that no disqualifying information has been found.

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     (g) Failure to show proof that the employer has initiated requests for background checks

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required by this section will be prima facie grounds to revoke the license or registration of the

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operator of the facility.

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     (h) It will be the responsibility of the bureau of criminal identification of the state police

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or the office of the attorney general, or the local police department, or the department of children,

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youth and families, to conduct the nationwide criminal records check pursuant to this section. The

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nationwide criminal records check will be provided to the applicant for employment. Any expense

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associated for providing the criminal records check shall be paid by the applicant and/or the

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requesting agency.

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     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 HUMAN SERVICES - CERTIFICATION OF CHILDCARE AND YOUTH-

SERVING WORKERS AND OPERATORS

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     This act would relieve persons seeking employment in the childcare field from paying the

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cost of the required BCI check.

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     This act would take effect upon passage.

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