Chapter
025
2007 -- H 5771
Enacted 06/11/07
A N A C T
RELATING TO
DELINQUENT AND DEPENDENT CHILDREN -- COURTS --
PROCEEDINGS IN FAMILY
COURT
Introduced By: Representative Robert A. Watson
Date Introduced: February 28, 2007
It is
enacted by the General Assembly as follows:
SECTION
1. Section 14-1-34 of the General Laws in Chapter 14-1 entitled
"Proceedings
in
Family Court" is hereby amended to read as follows:
14-1-34.
Placement of dependent and neglected children -- Criminal records of
foster
parents made available. -- (a)
If, after a hearing on any petition, a child shall be found to
be
dependent or neglected within the meaning of this chapter, the court shall by
decree assign the
custody
of the child to the director of children, youth and families, for any period
that shall seem
fit to
the court; and the director of children, youth, and families shall become
entitled to the
custody
of the child to the exclusion of any other person. The court may at any time,
for good
cause
shown, modify or revoke the decree.
(b) For any individual eighteen (18) years of age or older, the family court
may order
that the
case management services be provided by the licensed agency, society, or
institution in
which
the individual is placed; provided, that the department monitors the
individual's case on a
quarterly
basis.
(c) The department for children, youth and families shall apply to the bureau
of criminal
identification
of the state police or the local police department for a nationwide criminal
records
check of
prospective foster parents. The check will conform to the applicable federal
standards
including
the taking of fingerprints to identify the applicant. The department of
children, youth,
and
families shall request the attorney general, through the division of criminal
identification, to
make
available any criminal record of present and prospective foster parents. The
attorney
general
shall immediately comply with that request, and the department of children,
youth, and
families,
shall examine these records in determining the suitability of these persons to
be foster
parents.
The criminal record check shall be conducted without charge to the foster
parents. At the
conclusion
of the background check required in this section, the state police, attorney
general or
the
local police department shall promptly destroy the fingerprint record of the
applicant obtained
pursuant
to this chapter.
(d)
No license shall be issued by the department of children, youth and families to
any
individual
seeking to be licensed as a foster parent until such time as the results of
both the
nationwide
and statewide criminal record background check, including the nature of any
prior
criminal
record, are forwarded to the department of children, youth and families. The
department
may
authorize the placement of a child in a prospective foster home pending
licensure for a
period
not to exceed six (6) months only after the department has conducted a DCYF
background
check
pursuant to section 40-13.2-3.1 and a statewide criminal record background
check. In the
event
the department is unable to complete the licensing process within six (6)
months of the
child's
placement in the foster home and if the department determines that continued
placement of
the
child in said foster home is in the child's best interest, the department shall
file a petition with
the
family court to seek authorization to allow the child(ren) to remain in the
foster home pending
completion
of the licensing process. The department shall provide notice of all such
petitions to
the
office of the child advocate, children(s) parent/guardian and CASA attorney.
SECTION
2. This act shall take effect upon passage.
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LC01796
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