Chapter

Chapter 459

2004 -- H 7400

Enacted 07/07/04

A N A C T

RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN

Introduced By: Representatives Giannini, Cerra, Shavers, E Coderre, and Aubin

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

SECTION 1. Section 15-7-11 of the General Laws in Chapter 15-7 entitled "Adoption of

Children" is hereby amended to read as follows:

15-7-11. Investigation and report as to adoptive home. -- (a) Upon the filing of a

petition so presented and consented to for the adoption of a minor child, the court shall notify the

department of children, youth and families. It shall then be the duty of the department to verify

the allegations of the petition, and to make appropriate investigation to determine whether the

proposed adoptive home is a suitable home for the child. The department shall within sixty (60)

days submit to the court a full report in writing, with recommendation as to the granting of the

petition and any other information regarding the child or the proposed home which the court shall

require. In circumstances where the petition for adoption concerns a child who has been placed

for adoption by a duly licensed child placement agency, the court may accept the ~~case summary~~

home study report of the child placement agency in lieu of the investigation and recommendation

of the department of children, youth and families; provided, the child placement agency includes

in its ~~case summary~~ home study report any criminal record of the prospective adoptive parent. All

costs relating to criminal background checks shall be the responsibility of the public or private

entity conducting the home study;

(b) As part of the investigation or ~~case summary~~ investigative home study report, a

request shall be made to the attorney general through the division of criminal identification to

make available any criminal record of the prospective adoptive parent maintained by the division.

The prospective adoptive parent shall apply to the bureau of criminal identification of the state

police or the local police department for a nationwide criminal records check unless they have

previously submitted to a nationwide criminal records check in accordance with section 14-1-34

and/or sections 40-13.2-2, 40-13.2-4 and/or 40-13.2-5 and/or sections 16-48.1-4 and 16-48.1-5.

The attorney general shall immediately comply with the request of the department or child

placement agency and the report of the attorney general shall be made part of the investigative

~~report or case summary~~ home study submitted to court.

regulations those items of information appearing on a criminal records check which constitute

disqualifying information because that information would indicate the prospective adoptive

parent could endanger the health or welfare of a child or children. Upon the discovery of any

disqualifying information with respect to a proposed prospective adoptive parent, the agency

conducting the home study will be informed by the director in writing of the nature of the

disqualifying information.

(d) At the conclusion of any criminal records check required by this section, the

fingerprint card of the person subject to the nationwide criminal records check shall be promptly

destroyed.

(e) Provisions of this section may, in the discretion of the court, be waived in the case of

a petition for the adoption of a child where the child is the natural child of one of the parties

petitioning for the adoption and resides with the petitioning parties.

(f) Specific definitions and procedures for adoptive home studies are to be provided in

regulations promulgated by the department for children, youth and families in accordance with

the administrative procedures act. All investigative home studies submitted to the court shall be

based on a minimum of two (2) home visits by the agency conducting the home study. All

prospective siblings and any other household members shall be interviewed during a home visit.

Agencies conducting the home study shall have a minimum of one (1) home visit following

completion of the home study process. A summary of the agency's past and present contact with

the prospective adoptive family shall be included in the home study. The agency shall include in

the home study its recommendations for approval or disapproval of the adoption and the reasons

for its conclusion.

(g) The following information shall be included in all home studies submitted to the

court:

(1) identifying information on all household members, including minor children and the

current needs of each child;

(2) information regarding the prospective adoptive parent's motivation and reasons for the

adoption;

(3) current background information on the prospective adoptive parents, including written

self-assessment;

(4) child care experience and parenting philosophy of the prospective adoptive parents;

(5) information regarding past and present marriage and/or partnership relationships;

(6) current medical and psychological conditions, including addiction to drugs or alcohol

of any prospective adoptive parents, that may be seriously detrimental to the health and welfare of

children;

(7) description of the home and local community, including any health and safety

concerns regarding the home;

(8) information regarding the finances and employment of the prospective adoptive

parents;

(9) reference letters from at least three (3) individuals at least two (2) of whom are non-

relatives;

(10) results of background checks with DCYF and clearance checks regarding state and

federal criminal records conducted on the prospective adoptive parents;

(11) information related to the prospective adoptive parent's willingness and ability to

accept and cooperate with adoption support services, including their level of understanding

regarding openness with birth family; and

(12) information related to the match between prospective adoptive parents and the child,

including attitudes and capabilities of prospective adoptive parents and the child's characteristics

and background.

SECTION 2. This act shall take effect upon passage.

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LC00414

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