Chapter 304

2004 -- H 7659 AS AMENDED

Enacted 07/03/04

A N A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- O'ROURKE

CHILDREN'S CENTER

Introduced By: Representatives Giannini, McNamara, Cerra, Corvese, and Naughton

Date Introduced: February 10, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Children,

Youth, and Families Department" is hereby amended to read as follows:

42-72-5. Powers and scope of activities. -- (a) The department is the principal agency of

the state to mobilize the human, physical and financial resources available to plan, develop, and

evaluate a comprehensive and integrated statewide program of services designed to ensure the

opportunity for children to reach their full potential. The services include prevention, early

intervention, out-reach, placement, care and treatment, and after-care programs; provided,

however, that the department notifies the state police and cooperates with local police

departments when it receives and/or investigates a complaint of sexual assault on a minor and

concludes that probable cause exists to support the allegations(s). The department also serves as

an advocate for the needs of children.

      (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

      (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

      (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

      (3) To establish plans and facilities for emergency treatment, relocation and physical

custody of abused or neglected children which may include, but are not limited to,

homemaker/educator child case aides, specialized foster family programs, day care facilities,

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counselling services;

      (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and

procedure manual to standardize protective services;

      (5) To plan and initiate primary and secondary treatment programs for abused and

neglected children;

      (6) To evaluate the services of the department and to conduct periodic comprehensive

needs assessment;

      (7) To license, approve, monitor, and evaluate all residential and non-residential child

care institutions, group homes, foster homes, and programs;

      (8) To recruit and coordinate community resources, public and private;

      (9) To promulgate rules and regulations concerning the confidentiality, disclosure and

expungement of case records pertaining to matters under the jurisdiction of the department;

      (10) To establish a minimum mandatory level of twenty (20) hours of training per year

and provide ongoing staff development for all staff; provided, however, all social workers hired

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

work or a closely related field, and must be appointed from a valid civil service list;

      (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

      (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

      (13) To provide and act as a clearinghouse for information, data and other materials

relative to children;

      (14) To initiate and carry out studies and analysis which will aid in solving local,

regional and statewide problems concerning children;

      (15) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for children in the functional areas described in this chapter;

      (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in

taking advantage of all federal grants and subventions available for children;

      (17) To review and coordinate those activities of agencies of the state and of any

political subdivision of the state which affect the full and fair utilization of community resources

for programs for children, and initiate programs that will help assure utilization;

      (18) To administer the pilot juvenile restitution program, including the overseeing and

coordinating of all local community based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service; and

      (19) To adopt rules and regulations which:

      (i) For the twelve (12) month period beginning on October 1, 1983, and for each

subsequent twelve (12) month period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

      (ii) Are reasonably necessary to implement the child welfare services and foster care

programs;

      (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

      (21) To establish fee schedules by regulations for the processing of requests from

adoption placement agencies for adoption studies, adoption study updates, and supervision related

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

      (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state operated or supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the board of regents for elementary and secondary education either directly or through contract;

      (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all health care professionals.

      (24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children. Appropriate mental health services may include hospitalization,

placement in a residential treatment facility, or treatment in a community based setting. The

department is charged with the responsibility for developing the public policy and programs

related to the needs of seriously emotionally disturbed children.

      In fulfilling its responsibilities the department shall:

      (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children;

      (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children;

      (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

      (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and to work with private agencies serving those children;

      (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children.

      The department shall adopt rules and regulations which are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

      Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per pupil cost for special education for the year in which placement commences, as its share of

the cost of educational services furnished to a seriously emotionally disturbed child pursuant to

this section in a residential treatment program which includes the delivery of educational services.

      "Seriously emotionally disturbed child" means any person under the age of eighteen (18)

years or any person under the age of twenty-one (21) years who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter who has been diagnosed as having an emotional, behavioral or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been on-

going for one year or more or has the potential of being ongoing for one year or more, and the

child is in need of multi-agency intervention, and the child is in an out-of-home placement or is at

risk of placement because of the disability.

(25) To develop and maintain, in collaboration with other state and private agencies, a

comprehensive continuum of care in this state for children in the care and custody of the

department or at risk of being in state care. This continuum of care should be family-centered and

community-based with the focus of maintaining children safely within their families or, when a

child cannot live at home, within as close proximity to home as possible based on the needs of the

child and resource availability. The continuum should include community-based prevention,

family support and crisis intervention services as well as a full array of foster care and residential

services, including residential services designed to meet the needs of children who are seriously

emotionally disturbed and youth who have juvenile justice issues. The director shall make

reasonable efforts to provide a comprehensive continuum of care for children in the care and

custody of the DCYF, taking into account the availability of public and private resources and

financial appropriations and the director shall submit an annual report to the general assembly as

to the status of his or her efforts in accordance with the provisions of subsection 42-72-4(b)(13).

      (c) In order to assist in the discharge of his or her duties, the director may request from

any agency of the state information pertinent to the affairs and problems of children.

     SECTION 2. This act shall take effect upon passage.

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LC01159

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