Chapter 047 |
2022 -- H 6617 Enacted 06/07/2022 |
A N A C T |
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN |
Introduced By: Representatives Casimiro, Vella-Wilkinson, Ackerman, Kazarian, Kennedy, Fenton-Fung, and Noret |
Date Introduced: January 06, 2022 |
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 -- 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 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. |
(g) If a report is accepted as a valid allegation of abuse or neglect, the department shall |
collect information concerning the military status of the parent or guardian of the child who is the |
subject of the report and shall share information about the allegation with the appropriate military |
authorities. |
SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected Children" |
is hereby amended by adding thereto the following section: |
40-11-20. Military family advocacy program. |
(a) The department shall enter into a memorandum of understanding with the military |
family advocacy program at a local military installation with respect to child abuse and neglect |
investigations. |
(b) Such memorandum of understanding shall establish procedures and protocols for |
matters including, but not limited to: |
(1) Identifying an individual alleged to have committed abuse or neglect as military |
personnel; |
(2) Reporting to a military family advocacy program when an investigation implicating |
military personnel has been initiated; and |
(3) Maintaining confidentiality requirements under state and federal law. |
(c) For the purposes of this section, "military family advocacy program" means the program |
established by the United States Department of Defense to address child abuse and neglect in |
military families. |
SECTION 3. This act shall take effect upon passage. |
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LC003494 |
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