| Chapter 118 |
| 2021 -- S 0412 Enacted 07/02/2021 |
| A N A C T |
| RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN |
Introduced By: Senators DiMario, Coyne, Valverde, DiPalma, Sosnowski, Goodwin, Goldin, Cano, Mack, and Bell |
| Date Introduced: February 25, 2021 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 40-11-7 of the General Laws in Chapter 40-11 entitled "Abused and |
| Neglected Children" is hereby amended to read as follows: |
| 40-11-7. Investigation of reports -- Petition for removal from custody -- Report to |
| child advocate -- Attorney general -- Court-appointed special advocate Investigation of |
| reports -- Petition for removal from custody -- Report to child advocate -- Attorney general - |
| - Court-appointed special advocate -- Children's advocacy center. |
| (a) The department shall investigate reports of child abuse and neglect made under this |
| chapter in accordance with the rules the department has promulgated and in order to determine the |
| circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation |
| shall include personal contact with the child named in the report and any other children in the same |
| household. Any person required to investigate reports of child abuse and/or neglect may question |
| the subjects of those reports with or without the consent of the parent or other person responsible |
| for the child's welfare. The interviewing of the child or children, if they are of the mental capacity |
| to be interviewed, shall take place in the absence of the person or persons responsible for the alleged |
| neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is |
| denied reasonable access to a child by the parents or other person, and that person required to |
| investigate deems that the best interests of the child so require, they may request the intervention |
| of a local law enforcement agency, or seek an appropriate court order to examine and interview the |
| child. The department shall provide such social services and other services as are necessary to |
| protect the child and preserve the family. |
| (b) In the event that after investigation it is determined by the department that the child is |
| being or has been abused or neglected but that the circumstances of the child's family or otherwise |
| do not require the removal of the child for his or her protection, the department may allow the child |
| to remain at home and provide the family and child with access to preventative support and services. |
| In addition, the department is authorized to petition the family court for an order for the provision |
| of treatment of the family and child. Provided, further, the department shall notify the children's |
| advocacy center of all suspected cases of child sexual abuse. |
| (c) The department shall have the duty to petition the family court for removal of the child |
| from the care and custody of the parents, or any other person having custody or care of the child if |
| there is a determination that a child has been abused or neglected; which results in a child death, |
| serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act which |
| that represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or |
| neglect, the department may petition the family court for the removal of the alleged perpetrator of |
| that abuse, and/or neglect from the household of the child or children when the child or children |
| are eleven (11) years of age or older. It shall be the responsibility of the department to make the |
| parent or other person responsible for the child's welfare aware of the court action, the possible |
| consequences of the court action, and to explain the rights of the parent relative to the court action. |
| (d) The department shall forward immediately any reports of institutional child abuse and |
| neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title |
| 42, and also to any guardian ad litem and/or attorney of record for the child. |
| (e) In the event that after investigation the department takes any action regarding placement |
| of the child, the department shall immediately notify the child advocate of such action. |
| (f) In the event that after investigation the department has reasonable cause to know or |
| suspect that a child has been subjected to criminal abuse or neglect, the department shall forward |
| immediately any information as it relates to that knowledge or suspicion to the law enforcement |
| agency. |
| SECTION 2. This act shall take effect upon passage. |
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| LC001416 |
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