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ARTICLE 15 AS AMENDED |
RELATING TO CHILDREN AND FAMILIES
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SECTION 1. Sections 14-1-3, 14-1-6 and 14-1-11.1 of the General Laws in Chapter 14-1 |
entitled "Proceedings in Family Court" are hereby amended to read as follows: |
14-1-3. Definitions. |
The following words and phrases when used in this chapter shall, unless the context |
otherwise requires, be construed as follows: |
(1) "Adult" means a person eighteen (18) years of age or older, except that "adult" includes |
any person seventeen (17) years of age or older who is charged with a delinquent offense involving |
murder, first-degree sexual assault, first-degree child molestation, or assault with intent to commit |
murder, and that person shall not be subject to the jurisdiction of the family court as set forth in §§ |
14-1-5 and 14-1-6 if, after a hearing, the family court determines that probable cause exists to |
believe that the offense charged has been committed and that the person charged has committed |
the offense. |
(2) "Appropriate person", as used in §§ 14-1-10 and 14-1-11, except in matters relating to |
adoptions and child marriages, means and includes: |
(i) Any police official of this state, or of any city or town within this state; |
(ii) Any duly qualified prosecuting officer of this state, or of any city or town within this |
state; |
(iii) Any director of public welfare of any city or town within this state, or his or her duly |
authorized subordinate; |
(iv) Any truant officer or other school official of any city or town within this state; |
(v) Any duly authorized representative of any public or duly licensed private agency or |
institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or |
(vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those |
cases in which one parent is deceased, is an unfit and improper person to have custody of any child |
or children. |
(3) "Child" means a person under eighteen (18) years of age. |
(4) "The court" means the family court of the state of Rhode Island. |
(5) "Delinquent", when applied to a child, means and includes any child who has committed |
any offense that, if committed by an adult, would constitute a felony, or who has on more than one |
occasion violated any of the other laws of the state or of the United States or any of the ordinances |
of cities and towns, other than ordinances relating to the operation of motor vehicles. |
(6) "Dependent" means any child who requires the protection and assistance of the court |
when his or her physical or mental health or welfare is harmed, or threatened with harm, due to the |
inability of the parent or guardian, through no fault of the parent or guardian, to provide the child |
with a minimum degree of care or proper supervision because of: |
(i) The death or illness of a parent; or |
(ii) The special medical, educational, or social-service needs of the child which the parent |
is unable to provide. |
(7) "Justice" means a justice of the family court. |
(8) "Neglect" means a child who requires the protection and assistance of the court when |
his or her physical or mental health or welfare is harmed, or threatened with harm, when the parents |
or guardian: |
(i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though |
financially able to do so or offered financial or other reasonable means to do so; |
(ii) Fails to provide the child proper education as required by law; or |
(iii) Abandons and/or deserts the child. |
(9) "Wayward", when applied to a child, means and includes any child: |
(i) Who has deserted his or her home without good or sufficient cause; |
(ii) Who habitually associates with dissolute, vicious, or immoral persons; |
(iii) Who is leading an immoral or vicious life; |
(iv) Who is habitually disobedient to the reasonable and lawful commands of his or her |
parent or parents, guardian, or other lawful custodian; |
(v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually |
absents himself or herself from school or habitually violates the rules and regulations of the school |
when he or she attends; |
(vi) Who has, on any occasion, violated any of the laws of the state or of the United States |
or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor |
vehicles; or |
(vii) Any child under seventeen (17) years of age who is in possession of one ounce (1 oz.) |
or less of marijuana, as defined in § 21-28-1.02, and who is not exempted from the penalties |
pursuant to chapter 28.6 of title 21. |
(l0) "Young adult" means an individual who has attained the age of eighteen (18) years but |
has not reached the age of twenty-one (21) years and was in the legal custody of the department on |
their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or was a former |
foster child who was adopted or placed in a guardianship after attaining age sixteen (16). |
(11) "Voluntary placement agreement for extension of care" means a written agreement |
between the state agency and a young adult who meets the eligibility conditions specified in §14- |
1-6(c), acting as their own legal guardian that is binding on the parties to the agreement. At a |
minimum, the agreement recognizes the voluntary nature of the agreement, the legal status of the |
young adult and the rights and obligations of the young adult, as well as the services and supports |
the agency agrees to provide during the time that the young adult consents to giving the department |
legal responsibility for care and placement. |
(12) "Supervised independent living setting" means a supervised setting in which a young |
adult is living independently, that meets any safety and or licensing requirements established by |
the department for this population, and is paired with a supervising agency or a supervising worker, |
including, but not limited to, single or shared apartments or houses, host homes, relatives' and |
mentors' homes, college dormitories or other post-secondary postsecondary educational or |
vocational housing. All or part of the financial assistance that secures an independent supervised |
setting for a young adult may be paid directly to the young adult if there is no provider or other |
child-placing intermediary, or to a landlord, a college, or to a supervising agency, or to other third |
parties on behalf of the young adult in the discretion of the department. |
(10) (13) The singular shall be construed to include the plural, the plural the singular, and |
the masculine the feminine, when consistent with the intent of this chapter. |
(11) (14) For the purposes of this chapter, "electronic surveillance and monitoring devices" |
means any "radio frequency identification device (RFID)" or "global positioning device" that is |
either tethered to a person or is intended to be kept with a person and is used for the purposes of |
tracking the whereabouts of that person within the community. |
14-1-6. Retention of jurisdiction. |
(a) When the court shall have obtained jurisdiction over any child prior to the child having |
attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward |
or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter, |
continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age, |
unless discharged prior to turning nineteen (19). |
(b) When the court shall have obtained jurisdiction over any child prior to the child's |
eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the |
child is dependent, neglected, and or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, |
including any child under the jurisdiction of the family court on petitions filed and/or pending |
before the court prior to July 1, 2007, the child shall, except as specifically provided in this chapter, |
continue under the jurisdiction of the court until he or she becomes eighteen (18) years of age; |
provided, that at least six (6) months prior to a child turning eighteen (18) years of age, the court |
shall require the department of children, youth and families to provide a description of the transition |
services including the child's housing, health insurance, education and/or employment plan, |
available mentors and continuing support services, including workforce supports and employment |
services afforded the child in placement or a detailed explanation as to the reason those services |
were not offered. As part of the transition planning, the child shall be informed by the department |
of the opportunity to voluntarily agree to extended care and placement by the department and legal |
supervision by the court until age twenty-one (21). The details of a child's transition plan shall be |
developed in consultation with the child, wherever possible, and approved by the court prior to the |
dismissal of an abuse, neglect, dependency, or miscellaneous petition before the child's twenty-first |
birthday. |
(c) A child, who is in foster care on their eighteenth birthday due to the filing of a |
miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused |
pursuant to §§14-1-5, 40-11-7 or 42-72-14 may voluntarily elect to continue responsibility for care |
and placement from DCYF and to remain under the legal supervision of the court as a young adult |
until age twenty-one (21), provided: |
(1) The young adult was in the legal custody of the department at age eighteen (18); or and |
(2) The young adult is participating in at least one of the following: |
(i) Completing the requirements to receive a high school diploma or GED; |
(ii) Completing a secondary education or a program leading to an equivalent credential; |
enrolled in an institution that provides post-secondary or vocational education; |
(iii) Participating in a job-training program or an activity designed to promote or remove |
barriers to employment; |
(iv) Be employed for at least eighty (80) hours per month; or |
(v) Incapable of doing any of the foregoing due to a medical condition that is regularly |
updated and documented in the case plan;. |
(d) A former foster child who was adopted or placed in guardianship with an adoption |
assistance agreement or a guardianship assistance agreement that was executed on or after his or |
her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily agree to extended |
care and placement by the department and legal supervision by the court until age twenty-one (21) |
if the young adult satisfies the requirements in § 14-1-6(c)(2) subsection (c)(2). Provided, however, |
the department retains the right to review the request and first attempt to address the issues through |
the adoption assistance agreement by providing post adoptive or post guardianship support services |
to the young adult and his or her adoptive or guardianship family. |
(e) Upon the request of the young adult, who voluntarily agreed to the extension of care |
and placement by the department and legal supervision by the court, pursuant to subsections (c) |
and (d) of this section, the court's legal supervision and the department's responsibility for care and |
placement may be terminated. Provided, however, the young adult may request reinstatement of |
responsibility and resumption of the court's legal supervision at any time prior to their his or her |
twenty-first birthday if the young adult meets the requirements set forth in §14-l-6(c)(3) subsection |
(c)(2). If the department wishes to terminate the court's legal supervision and its responsibility for |
care and placement, it may file a motion for good cause. The court may exercise its discretion to |
terminate legal supervision over the young adult at any time. |
(b) (f) The court may retain jurisdiction of any child who is seriously emotionally disturbed |
or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one |
(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth |
birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, |
neglected, and or and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14. |
(c) (g) The department of children, youth and families shall work collaboratively with the |
department of behavioral healthcare, developmental disabilities and hospitals, and other agencies, |
in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals |
who come under the court's jurisdiction pursuant to a petition alleging that the child is dependent, |
neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed |
pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the |
department of children, youth and families and the department of behavioral healthcare, |
developmental disabilities and hospitals. The plan shall include the behavioral healthcare, |
developmental disabilities and hospitals' community or residential service level, health insurance |
option, education plan, available mentors, continuing support services, workforce supports and |
employment services, and the plan shall be provided to the court at least twelve (12) months prior |
to discharge. At least three (3) months prior to discharge, the plan shall identify the specific |
placement for the child, if a residential placement is needed. The court shall monitor the transition |
plan. In the instance where the department of behavioral healthcare, developmental disabilities and |
hospitals has not made timely referrals to appropriate placements and services, the department of |
children, youth and families may initiate referrals. |
(d) (h) The parent and/or guardian and/or guardian ad litem of a child who is seriously |
emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is |
before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be |
entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no |
appropriate transition plan has been submitted to the court by the department of children, person |
youth and families and the department of behavioral healthcare, developmental disabilities and |
hospitals. The family court shall require that the department of behavioral healthcare, |
developmental disabilities, and hospitals shall immediately identify a liaison to work with the |
department of children, youth, and families until the child reaches the age of twenty-one (21) and |
an immediate transition plan be submitted if the following facts are found: |
(1) No suitable transition plan has been presented to the court addressing the levels of |
service appropriate to meet the needs of the child as identified by the department of behavioral |
healthcare, developmental disabilities and hospitals; or |
(2) No suitable housing options, health insurance, educational plan, available mentors, |
continuing support services, workforce supports, and employment services have been identified for |
the child. |
(e) Provided, further, that any youth who comes within the jurisdiction of the court by the |
filing of a wayward or delinquent petition based upon an offense that was committed prior to July |
1, 2007, including youth who are adjudicated and committed to the Rhode Island training school |
and who are placed in a temporary community placement as authorized by the family court, may |
continue under the jurisdiction of the court until he or she turns twenty one (21) years of age. |
(f) (i) In any case where the court shall not have acquired jurisdiction over any person prior |
to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had |
committed an offense, but a petition alleging that the person had committed an offense that would |
be punishable as a felony if committed by an adult has been filed before that person attains the age |
of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be |
subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless |
discharged prior to turning nineteen (19). |
(g) (j) In any case where the court shall not have acquired jurisdiction over any person prior |
to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the |
person had committed an offense prior to the person attaining the age of eighteen (18) years which |
that would be punishable as a felony if committed by an adult, that person shall be referred to the |
court that had jurisdiction over the offense if it had been committed by an adult. The court shall |
have jurisdiction to try that person for the offense committed prior to the person attaining the age |
of eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum |
penalty provided for the conviction of that offense. |
(h) (k) In any case where the court has certified and adjudicated a child in accordance with |
the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power |
and authority to sentence the child to a period in excess of the age of nineteen (19) years. However, |
in no case shall the sentence be in excess of the maximum penalty provided by statute for the |
conviction of the offense. |
(i) (l) Nothing in this section shall be construed to affect the jurisdiction of other courts |
over offenses committed by any person after he or she reaches the age of eighteen (18) years. |
14-1-11.1. Commitment of voluntary placements. |
(a) The department of children, youth, and families shall petition the family court and |
request the care, custody, and control of any child who is voluntarily placed with the department |
for the purpose of foster care by a parent or other person previously having custody and who |
remains in foster care for a period of twelve (12) months. However, there shall be no requirement |
for the department to seek custody of any child with an emotional, behavioral or mental disorder |
or developmental or physical disability if the child is voluntarily placed with the department by a |
parent or guardian of the child for the purpose of accessing an out-of-home program for the child |
in a program which provides services for children with disabilities, including, but not limited to, |
residential treatment programs, residential counseling centers, and therapeutic foster care |
programs. |
(b) In a hearing on a petition alleging that a child is dependent, competent and creditable |
evidence that the child has remained in foster care for a period of twelve (12) months shall |
constitute prima facie evidence sufficient to support the finding by the court that the child is |
"dependent" in accordance with § 14-1-3. |
(c) In those cases where a young adult who meets the eligibility criteria in §14-1-6(c) |
wishes to continue in foster care after age eighteen (18), the young adult and an authorized |
representative of DCYF shall, before the youth reaches age eighteen (18), discuss the terms of a |
voluntary placement agreement for extension of care to be executed upon or after the young adult's |
eighteenth birthday. |
(d) In those cases where a young adult who meets the eligibility criteria in §14-1-6(c) exits |
foster care at or after age eighteen (18), but wishes to return to foster care before age twenty-one |
(21), DCYF shall file a petition for legal supervision of the young adult, with a voluntary placement |
agreement for extension of care, executed by the young adult and an authorized representative of |
DCYF attached. |
SECTION 2. Section 40-11-14 of the General Laws in Chapter 40-11 entitled "Abused and |
Neglected Children" is hereby amended to read as follows: |
40-11-14. Right to representation in court proceedings. |
(a) Any child who is alleged to be abused or neglected as a subject of a petition filed in |
family court under this chapter, shall have a guardian ad litem appointed by the court to represent |
this child. In addition, any young adult, who is eligible for extended foster care pursuant to §14-1- |
6(c) and who has executed a voluntary agreement for extension of care may request the appointment |
of a guardian ad litem or court-appointed counsel. An appointment shall be in the discretion of the |
court. The cost of counsel in those instances shall be paid by the state. |
(b) A volunteer court-appointed special advocate may be assigned to assist the guardian ad |
litem, in the court-appointed special advocate's office (CASA): |
(1) In order to assist the family court with the ability to ensure that these volunteers, whose |
activity involves routine contact with minors, are of good moral character, all persons seeking to |
volunteer for CASA shall be required to undergo a national criminal records check for the purpose |
of determining whether the prospective volunteer has been convicted of any crime. |
(i) A national criminal records check shall include fingerprints submitted to the Federal |
Bureau of Investigation (FBI) by the department of children, youth and families (DCYF) for a |
national criminal records check. The national criminal records check shall be processed prior to the |
commencement of volunteer activity. |
(ii) For the purposes of this section, "conviction" means, in addition to judgments of |
conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances |
where the defendant has entered a plea of nolo contendere and has received a sentence of probation |
and that sentence has not expired and those instances where a defendant has entered into a deferred |
sentence agreement with the attorney general. |
(iii) For the purposes of this section, "disqualifying information" means information |
produced by a national criminal records check pertaining to conviction for the offenses designated |
as "disqualifying information" pursuant to DCYF policy. |
(iv) The department of children, youth and families (DCYF) shall inform the applicant, in |
writing, of the nature of the disqualifying information; and, without disclosing the nature of the |
disqualifying information, shall notify the family court, in writing, that disqualifying information |
has been discovered. |
(v) In those situations in which no disqualifying information has been found, DCYF shall |
inform the applicant and the family court, in writing, of this fact. |
(vi) The family court shall maintain on file evidence that national criminal records checks |
have completed on all volunteer court-appointed special advocates. |
(vii) The criminal record check shall be conducted without charge to the prospective CASA |
volunteers. At the conclusion of the background check required pursuant to this section, DCYF |
shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter. |
(2) All persons seeking to volunteer for CASA must submit a satisfactory DCYF clearance |
and participate in a program of training offered by the CASA office. |
(c) If the parent or other person responsible for the child's care is financially unable to |
engage counsel as determined by the court, the court may, at the request of that person, and in its |
discretion, appoint the public defender, or other counsel, to represent the person. The cost of other |
counsel in those instances shall be paid by the state. In every court proceeding under this chapter |
in which it is a party, the department shall be represented by its legal counsel. |
SECTION 3. Chapter 40-11 of the General Laws entitled "Abused and Neglected Children" |
is hereby amended by adding thereto the following section: |
40-11-12.5. Review of young adults under the court's legal supervision and receiving |
care and placement services from DCYF. |
(a) In the case of a young adult, between the ages of eighteen (18) and twenty-one (21), |
who has executed a voluntary placement agreement for continued care and placement responsibility |
from the department and for legal supervision of the court, the permanency plan shall document |
the reasonable efforts made by the department and the young adult to finalize a permanency plan |
that addresses the goal of preparing the young adult for independence and successful adulthood. |
This includes, but is not limited to, housing assistance to obtain supervised independent living |
arrangements, shared living arrangements or extended foster and kinship care:; education, |
vocational assessment, job training and employment plan needed to transition the young adult to |
self-sufficiency:; assisting the young adult in obtaining educational goals:; a job, |
employment/vocational skills:; any other services and supports that will assist the young adult in |
accessing available services; applying for public benefits; acquiring important documents, such as |
ID card, driver's license, birth certificate, social security card, health insurance cards, medical |
records; attending to physical and mental health needs; maintaining relationships with individuals |
who are important to them and acquiring information about siblings and other maternal and paternal |
relatives. |
(b) Initial judicial determination - The department must petition the court to make a |
determination whether remaining in foster care is in the young adult's best interests. |
The court must make a determination within one hundred eighty (180) days of the signing |
of the voluntary placement agreement whether remaining in foster care is in the young adult's best |
interest. |
(c) The court shall conduct a permanency hearing within one year after the young adult and |
the department execute a voluntary placement agreement and annually thereafter. At the |
permanency hearing, the department shall present a written case plan to the court for approval that |
details the necessary services, care and placement the young adult shall receive to assist the |
transition to independence and successful adulthood. |
The court must determine whether the department has made reasonable efforts to finalize |
a permanency goal of preparing the young adult for successful transition to independence. |
(d) Notice of the court hearings shall be served by the department upon all parties in |
interest in accordance with the rules of child welfare procedure of the family court. |
(e) Periodic formal reviews, shall be held not less than once every one hundred eighty (180) |
days to assess the progress and case plan of any young adult under the court's legal supervision and |
under the care and placement responsibility of DCYF pursuant to a voluntary agreement for |
extension of care. |
The permanency plan shall be reviewed by the court at least once every twelve (12) months |
at a permanency hearing and by the department in an administrative review within one hundred |
eighty (180) days after the permanency hearing. The young adult is expected to participate in case |
planning and periodic reviews. |
SECTION 4. Section 42-102-10 of the General Laws in Chapter 42-102 entitled |
"Governor's Workforce Board Rhode Island" is hereby amended to read as follows: |
42-102-10. State Career-Pathways System. |
The workforce board ("board") shall support and oversee statewide efforts to develop and |
expand career pathways that enable individuals to secure employment within a specific industry or |
occupational sector and to advance over time to successively higher levels of education and |
employment in that sector. Towards this purpose, the board shall convene an advisory committee |
comprised of representatives from business, labor, adult education, secondary education, higher |
education, the department of corrections, the executive office of health and human services, the |
department of children, youth and families, the department of behavioral healthcare, developmental |
disabilities and hospitals, the office of library and information services, community-based |
organizations, consumers, and the public-workforce system. Included in the state career-pathways |
system, shall be the creation of pathways and workforce training programs to fill skill gaps and |
employment opportunities in the clean-energy sector. |
SECTION 5. Sections 40-72.1-2, 42-72.1-3, and 42-72.1-6 of the General Laws in Chapter |
40-72.1 entitled "Licensing and Monitoring of Child Care Childcare Providers and Child-Placing |
Agencies" are hereby amended to read as follows: |
42-72.1-2. Definitions. As used in this chapter: |
(1) "Administrator of licensing" means the director of the licensing unit (or his/her |
designee) that carries out the provisions of this chapter, hereafter referred to as the "administrator". |
(2) "Applicant" means a child-placing agency or childcare provider that applies for a |
license to operate. |
(3) "Child" means any person less than eighteen (18) years of age; provided, that a child |
over eighteen (18) years of age who is nevertheless subject to continuing jurisdiction of the family |
court, pursuant to chapter 1 of title 14, or defined as emotionally disturbed according to chapter 7 |
of title 40.1, shall be considered a child for the purposes of this chapter. |
(4) "Childcare provider" means a person or agency, which offers residential or |
nonresidential care and/or treatment for a child outside of his/her natural home. |
(5) "Child day care or child care childcare" means daily care and/or supervision offered |
commercially to the public for any part of a twenty-four (24) hour day to children away from their |
homes. |
(6) "Child day-care center or child care childcare center" means any person, firm, |
corporation, association, or agency who, on a regular or irregular basis, receives any child under |
the age of sixteen (16) years, for the purpose of care and/or supervision, not in a home or residence, |
apart from the child's parent or guardian for any part of a twenty-four (24) hour day irrespective of |
compensation or reward. It shall include childcare programs that are offered to employees at the |
worksite. It does not include nursery schools or other programs of educational services subject to |
approval by the commissioner of elementary and secondary education. |
(7) "Child-placing agency" means any private or public agency, which receives children |
for placement into independent living arrangements, supervised apartment living, residential group |
care facilities, family foster homes, or adoptive homes. |
(8) "Department" means the department of children, youth, and families (DCYF). |
(9) "Director" means the director of the department of children, youth, and families, or the |
director's designee. |
(10) "Family day-care home" means any home other than the child's home in which child |
day care in lieu of parental care and/or supervision is offered at the same time to four (4) or more |
children who are not relatives of the care giver. |
(11) "Group family day-care home" means a residence occupied by an individual of at least |
twenty-one (21) years of age who provides care for not less than nine (9) and not more than twelve |
(12) children, with the assistance of one or more approved adults, for any part of a twenty-four (24) |
hour day. The maximum of twelve (12) children shall include children under six (6) years of age |
who are living in the home, school-age children under the age of twelve (12) years whether they |
are living in the home or are received for care, and children related to the provider who are received |
for care. These programs shall be subject to yearly licensing as addressed in this chapter and shall |
comply with all applicable state and local fire, health, and zoning regulations. |
(12) "Licensee" means any person, firm, corporation, association, or agency, which holds |
a valid license under this chapter. |
(13) "Regulation" means any requirement for licensure, promulgated pursuant to this |
chapter having the force of law. |
(14) "Related" means any of the following relationships, by marriage, blood or adoption, |
even following the death or divorce of a natural parent: parent, grandparent, brother, sister, aunt, |
uncle, and first cousin. In a prosecution under this chapter or of any law relating thereto, a defendant |
who relies for a defense upon the relationship of any child to him or herself, the defendant shall |
have the burden of proof as to the relationship. |
42-72.1-3. Powers and scope of activities. |
(a) The department shall issue, deny, and revoke licenses for, and monitor the operation of, |
facilities and programs by child-placing agencies and child care childcare providers, as defined in |
§ 42-72.1-2 or assess administrative penalty penalties under the provisions of § 42-72.11 of this |
chapter 72.11 of this title relating to licensed child care childcare centers, family child care |
childcare homes, and group family child care childcare homes. |
(b) The department shall adopt, amend, and rescind regulations in accordance with this |
chapter and implement its provisions. The regulations shall be promulgated and become effective |
in accordance with the provisions of the Administrative Procedures Act, chapter 35 of this title 42. |
(c) The department through its licensing unit shall administer and manage the regulations |
pertaining to the licensing and monitoring of those agencies, and shall exercise all statutory and |
administrative powers necessary to carry out its functions. |
(d) The administrator shall investigate complaints of noncompliance, and shall take |
licensing action as required. |
(e) Regulations formulated pursuant to the foregoing authority shall include, but need not |
be limited to, the following: |
(1) Financial, administrative and organizational ability, and stability of the applicant; |
(2) Compliance with specific fire and safety codes and health regulations; |
(3) Character, health suitability, qualifications of child care childcare providers; |
(4) Staff/child ratios and workload assignments of staff providing care or supervision to |
children; |
(5) Type and content of records or documents that must be maintained to collect and retain |
information for the planning and caring for children; |
(6) Procedures and practices regarding basic child care childcare and placing services to |
ensure protection to the child regarding the manner and appropriateness of placement; |
(7) Service to families of children in care; |
(8) Program activities, including components related to physical growth, social, emotional, |
educational, and recreational activities, social services and habilitative or rehabilitative treatment; |
(9) Investigation of previous employment, criminal record check and department records |
check; and |
(10) Immunization and testing requirements for communicable diseases, including, but not |
limited to, tuberculosis, of child care childcare providers and children at any child day-care center |
or family day-care home as is specified in regulations promulgated by the director of the department |
of health. Notwithstanding the foregoing, all licensing and monitoring authority shall remain with |
the department of children, youth, and families. |
(f) The administrator may: |
(1) Prescribe any forms for reports, statements, notices, and other documents deemed |
necessary; |
(2) Prepare and publish manuals and guides explaining this chapter and the regulations to |
facilitate compliance with and enforcement of the regulations; |
(3) Prepare reports and studies to advance the purpose of this chapter; |
(4) Provide consultation and technical assistance, as requested, to assist licensees in |
maintaining compliance; and |
(5) Refer to the advisory council for children and families for advice and consultation on |
licensing matter matters. |
(g) The department may promulgate rules and regulations for the establishment of child |
day care centers located on the second floor. |
(h) When the department is otherwise unsuccessful in remedying noncompliance with the |
provisions of this chapter and the regulations promulgated under it, it shall may petition the family |
court for an order enjoining the noncompliance or for any order that equity and justice may require. |
(i) The department shall collaborate with the departments of human services, elementary |
and secondary education, and health to provide monitoring, mentoring, training, technical |
assistance, and other services which are necessary and appropriate to improving the quality of child |
care childcare offered by child care childcare providers who are certified, licensed, or approved |
by the department or the department of elementary and secondary education or who are seeking |
certification, licensure, or approval pursuant to § 42-72-1 or § 16-48-2, including non-English |
speaking providers. |
(j) The department shall adopt, amend, and rescind regulations in the same manner as set |
forth above in order to permit the placement of a pregnant minor in a group residential facility |
which provides a shelter for pregnant adults as its sole purpose. |
42-72.1-6. Violations, suspensions and revocations of license. |
(a) When a licensee violates the terms of the license, the provisions of this chapter, or any |
regulation thereunder, the department may pursue the administrative remedies herein provided, |
including the assessment of administrative penalties under the provisions of § 42-72.11 of this |
chapter 72.11 of this title relating to licensed child care childcare centers, family child care |
childcare homes, and group family child care childcare homes, in addition to other civil or |
criminal remedies according to the general laws. |
(b) After notice and hearing, as provided by the Administrative Procedures Act, chapter 35 |
of this title 42, the administrator may revoke the license, or suspend the license for a period not |
exceeding six (6) months. |
(c) During a suspension, the agency, facility or program shall cease operation. |
(d) To end a suspension, the licensee shall, within thirty (30) days of the notice of |
suspension, submit a plan of corrective action to the administrator. The plan shall outline the steps |
and timetables for immediate correction of the areas of noncompliance and is subject to the |
approval of the administrator. |
(e) At the end of the suspension, the administrator may reinstate the license for the term of |
the original license, revoke the license, issue a new license, or deny a reapplication. |
(f) Upon revocation, the licensed agency, program or facility shall cease operation. The |
licensee whose license has been revoked may not apply for a similar license within a three (3) year |
period from the date of revocation. |
(g) Except in those instances wherein there is a determination that there exists a danger to |
the public health, safety, or welfare or there is a determination that the child care childcare provider |
has committed a serious breach of State law, orders, or regulation, the director shall utilize |
progressive penalties for noncompliance of any rule, regulation or order relating to child care |
childcare providers. Progressive penalties could include written notice of noncompliance, |
education and training, suspending enrollment to the program, assessing fines, suspension of |
license, and revocation of license. |
SECTION 6. Title 42 of the General Laws entitled "State Affairs and Government" is |
hereby amended by adding thereto the following chapter: |
CHAPTER 42-72.11 |
ADMINISTRATIVE PENALTIES FOR CHILD CARE CHILDCARE LICENSING |
VIOLATIONS |
42-72.11-1. Definitions. |
As used in this chapter, the following words, unless the context clearly requires otherwise, |
shall have the following meanings: |
(1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty |
specified by statute or, where not specified by statute, an amount not to exceed five hundred dollars |
($500). |
(2) "Director" means the director of the department of children, youth and families or his |
or her duly authorized agent. |
(3) "Person" means any public or private corporation, individual, partnership, association, |
or other entity that is licensed as a child care childcare center, family child care childcare home, |
group family child care childcare home or any officer, employee or agent thereof. |
(4) “Citation” means a notice of an assessment of an administrative penalty issued by the |
director or his or her duly authorized agent. |
42-72.11-2. Authority of director to assess penalty. |
The director may assess an administrative penalty on a person who fails to comply with |
any provision of any rule, regulation, order, permit, license, or approval issued or adopted by the |
director, or of any law which the director has the authority or responsibility to enforce. |
42-72.11-3. Notice of violation and assessment of penalty. |
(a) Whenever the director seeks to assess an administrative penalty on any person, the |
director shall cause to be served upon the person, either by service, in hand, or by certified mail, |
return receipt requested, a written notice of its intent to assess an administrative penalty which shall |
include: |
(1) A concise statement of the alleged act or omission for which the administrative penalty |
is sought to be assessed; |
(2) Each law, rule, regulation, or order which has not been complied with as a result of the |
alleged act or omission; |
(3) The amount which the director seeks to assess as an administrative penalty for each |
alleged act or omission; |
(4) A statement of the person's right to an adjudicatory hearing on the proposed assessment; |
(5) The requirements the person must comply with to avoid being deemed to have waived |
the right to an adjudicatory hearing; and |
(6) The manner of payment thereof if the person elects to pay the penalty and waive an |
adjudicatory hearing. |
42-72.11-4. Right to adjudicatory hearing. |
(a) Whenever the director seeks to assess an administrative penalty on any person the |
person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions |
of which shall apply except when they are inconsistent with the provisions of this chapter. |
(b) A person shall be deemed to have waived his or her right to an adjudicatory hearing |
unless, within ten (10) days of the date of the director's notice that he or she seeks to assess an |
administrative penalty, the person files with the director a written statement denying the occurrence |
of any of the acts or omissions alleged by the director in the notice, or asserting that the money |
amount of the proposed administrative penalty is excessive. In any adjudicatory hearing authorized |
pursuant to chapter 35 of this title 42, the director shall, by a preponderance of the evidence, prove |
the occurrence of each act or omission alleged by the director. |
(c) If a person waives his or her right to an adjudicatory hearing, the proposed |
administrative penalty shall be final immediately upon the waiver. |
42-72.11-5. Judicial review. |
(a) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing the |
administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial |
review of the decision is commenced pursuant to chapter 35 of this title. |
(b) The family court shall have exclusive jurisdiction to review all appeals filed under this |
chapter. |
42-72.11-6. Determination of administrative penalty. |
Prior to the imposition of an administrative penalty, the department shall complete a risk |
and safety analysis and the director shall consider the following: |
(1) The actual and potential impact on health, safety and welfare of children impacted by |
the alleged noncompliance; |
(2) Whether the person being assessed the administrative penalty took steps to prevent |
noncompliance, and to promptly come into compliance; |
(3) Whether the person being assessed the administrative penalty has previously failed to |
comply with any rule, regulation, or order issued or adopted by the director, or any law which the |
director has the authority to enforce; |
(4) Deterring future noncompliance; |
(5) Eliminating the economic advantage of noncompliance; |
(6) Consistency with state and/or federal statute for a similar violation or failure to comply; |
(7) Any other factor(s) that may be relevant in determining the amount of a penalty, |
provided that the other factors shall be set forth in the written notice of assessment of the penalty; |
and |
(8) The public interest. |
42-72.11-7. Limitations on amount of penalty. |
The administrative penalty shall be not more than five hundred dollars ($500) for each |
investigation or failure to comply unless a different amount is authorized by statute as a civil penalty |
for the subject violation. |
42-72.11-8. Rules and regulations. |
No administrative penalty shall be assessed by the director pursuant to this chapter until |
the director has promulgated rules and regulations for assessing administrative penalties in |
accordance with the provisions of chapter 35 of this title. |
42-72.11-9. Severability. |
If any provision of this chapter or the application thereof to any person or circumstances is |
held invalid, that invalidity shall not affect other provisions or applications of the chapter, which |
can be given effect without the invalid provision or application, and to this end the provisions of |
this chapter are declared to be severable. |
SECTION 7. Section 40-6.2-1.1 of the General Laws in Chapter 40-6.2 entitled “Child |
Care Childcare – State Subsidies” is hereby amended to read as follows: |
40-6.2-1.1. Rates established. |
(a) Through June 30, 2015, subject to the payment limitations in section (b) subsection (c) |
, the maximum reimbursement rates to be paid by the departments of human services and children, |
youth and families for licensed child care childcare centers and certified licensed family-child care |
childcare providers shall be based on the following schedule of the 75th percentile of the 2002 |
weekly market rates adjusted for the average of the 75th percentile of the 2002 and the 2004 weekly |
market rates: |
LICENSED CHILD CARE CHILDCARE CENTERS 75th PERCENTILE OF WEEKLY |
MARKET RATE |
INFANT $182.00 |
PRESCHOOL $150.00 |
SCHOOL-AGE $135.00 |
CERTIFIED LICENSED FAMILY CHILD CARE CHILDCARE 75th PERCENTILE OF |
WEEKLY MARKET RATE |
CHILD CARE CHILDCARE PROVIDERS |
INFANT $150.00 |
PRESCHOOL $150.00 |
SCHOOL-AGE $135.00 |
Effective July 1, 2015, subject to the payment limitations in subsection (b)(c), the |
maximum reimbursement rates to be paid by the departments of human services and children, youth |
and families for licensed child care childcare centers and certified licensed family-child care |
childcare providers shall be based on the above schedule of the 75th percentile of the 2002 weekly |
market rates adjusted for the average of the 75th percentile of the 2002 and the 2004 weekly market |
rates. These rates shall be increased by ten dollars ($10.00) per week for infant/toddler care |
provided by certified licensed family-child care childcare providers and license-exempt providers |
and then the rates for all providers for all age groups shall be increased by three percent (3%). For |
the fiscal year ending June 30, 2018, licensed child care childcare centers shall be reimbursed a |
maximum weekly rate of one hundred ninety-three dollars and sixty-four cents ($193.64) for |
infant/toddler care and one hundred sixty-one dollars and seventy-one cents ($161.71) for pre- |
school preschool-age children. |
(b) Effective July l, 2018, subject to the payment limitations in subsection (c), the |
maximum infant/toddler and pre-school preschool-age reimbursement rates to be paid by the |
departments of human services and children, youth and families for licensed child care childcare |
centers shall be implemented in a tiered manner, reflective of the quality rating the provider has |
achieved within the state's quality rating system outlined in § 42-12-23.1. |
(1) For infant/toddler child care childcare, tier one shall be reimbursed two and one-half |
percent (2.5%) above the FY 2018 weekly amount, tier two shall be reimbursed five percent (5%) |
above the FY 2018 weekly amount, tier three shall be reimbursed thirteen percent (13%) above the |
FY 2018 weekly amount, tier four shall be reimbursed twenty percent (20%) above the FY 2018 |
weekly amount, and tier five shall be reimbursed thirty-three percent (33%) above the FY 2018 |
weekly amount. |
(2) For pre-school preschool reimbursement rates, the tier one shall be reimbursed two and |
one-half (2.5%) percent above the FY 2018 weekly amount, tier two shall be reimbursed five |
percent (5%) above the FY 2018 weekly amount, tier three shall be reimbursed ten percent (10%) |
above the FY 2018 weekly amount, tier four shall be reimbursed thirteen percent (13%) above the |
FY 2018 weekly amount, and tier five shall be reimbursed twenty-one percent (21%) above the FY |
2018 weekly amount. |
(b)(c) The departments shall pay child care childcare providers based on the lesser of the |
applicable rate specified in subsection (a), or the lowest rate actually charged by the provider to |
any of its public or private child care childcare customers with respect to each of the rate categories, |
infant, preschool and school-age. |
(c)(d) By June 30, 2004 and biennially through June 30, 2014, the department of labor and |
training shall conduct an independent survey or certify an independent survey of the then current |
weekly market rates for child care childcare in Rhode Island and shall forward such weekly market |
rate survey to the department of human services. The next survey shall be conducted by June 30, |
2016, and triennially thereafter. The departments of human services and labor and training will |
jointly determine the survey criteria including, but not limited to, rate categories and sub-categories. |
(d)(e) In order to expand the accessibility and availability of quality child care childcare, |
the department of human services is authorized to establish by regulation alternative or incentive |
rates of reimbursement for quality enhancements, innovative or specialized child care childcare |
and alternative methodologies of child care childcare delivery, including non-traditional delivery |
systems and collaborations. |
(e)(f) On or before Effective January 1, 2007, all child care childcare providers have the |
option to be paid every two (2) weeks and have the option of automatic direct deposit and/or |
electronic funds transfer of reimbursement payments. |
SECTION 8. Chapter 42-102 of the General Laws entitled "Governor's Workforce Board |
Rhode Island" is hereby amended by adding thereto the following section: |
42-102-10.1. Career opportunities for young adults. |
(a) The department of labor and training, governor's workforce board, and department of |
children, youth and families shall work collaboratively to ensure that each young adult, as defined |
in § 14-1-3 of the general laws, shall upon request by the young adult, receive a vocational |
assessment and shall have access to all appropriate job training programs and eligible services. |
(b) For those young adults who desire to participate in job training programs as part of their |
permanency plan to achieve independence and self-sufficiency, the department of labor and |
training, governor's workforce board, and department of children, youth and families shall work |
collaboratively to devise an individual employment plan suitable to the talents and abilities of the |
young adult and to determine which additional specialized workforce and supportive services may |
be necessary to accomplish the goals of the plan and provide the additional services as needed. |
(c) The governor's workforce board, in conjunction with the department of labor and |
training, shall develop and expand career pathways, job training programs, and employment |
services for young adults as defined in § 14-1-3 of the general laws. |
(d) The department of labor and training, governor's workforce board, and department of |
children, youth and families shall track movement of these young adults into the workforce, and |
will publish an annual report on outcomes to the governor, the general assembly, and the family |
court. |
(e) Programs and resources shall be contingent upon available funding. |
SECTION 9. This Article shall take effect upon passage. |