2024 -- S 2705

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LC004840

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2024

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

     

     Introduced By: Senators DiMario, DiPalma, and Lawson

     Date Introduced: March 01, 2024

     Referred To: Senate Health & Human Services

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department

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of Children, Youth and Families" is hereby amended to read as follows:

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     42-72-5. Powers and scope of activities.

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     (a) The department is the principal agency of the state to mobilize the human, physical, and

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financial resources available to plan, develop, and evaluate a comprehensive and integrated

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statewide program of services designed to ensure the opportunity for children to reach their full

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potential. The services include prevention, early intervention, outreach, placement, care and

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treatment, and after-care programs; provided, however, that the department notifies the state police

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and cooperates with local police departments when it receives and/or investigates a complaint of

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sexual assault on a minor and concludes that probable cause exists to support the allegation(s). The

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department also serves as an advocate for the needs of children. Additionally, on or before October

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1, 2023, the department shall implement the hiring process developed by the director pursuant to

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subsection (f) of this section.

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     (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

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authorized and empowered:

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     (1) To establish those administrative and operational divisions of the department that the

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director determines is in the best interests of fulfilling the purposes and duties of this chapter;

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     (2) To assign different tasks to staff members that the director determines best suit the

 

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purposes of this chapter;

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     (3) To establish plans and facilities for emergency treatment, relocation, and physical

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custody of abused or neglected children that may include, but are not limited to,

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homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis

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teams, emergency parents, group homes for teenage parents, family centers within existing

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community agencies, and counseling services;

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     (4) To establish, monitor, and evaluate protective services for children including, but not

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limited to, purchase of services from private agencies and establishment of a policy and procedure

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manual to standardize protective services;

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     (5) To plan and initiate primary- and secondary-treatment programs for abused and

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neglected children;

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     (6)(i) To evaluate the services of the department and to conduct periodic, department’s

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child welfare, juvenile justice, and children’s behavioral health services by conducting a

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comprehensive-needs assessment; to be completed before each reprocurement period and no longer

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than every five (5) years, with the initial assessment to be completed no later than March 31, 2026.

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These assessments shall be completed by an in-state academic institution or in-state consulting firm

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or, if one is not available with sufficient capacity, by an independent third party. The assessments

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shall:

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     (A) Determine whether the department’s programs and services meet the needs of children

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and families in the care of the department;

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     (B) Assess client accessibility; and

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     (C) Collect data to develop goals and measurable objectives for new and existing programs

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and services.

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     (ii) To assist the department in fulfilling its responsibilities pursuant to this subsection,

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there is hereby established a committee that shall advise the entity conducting the comprehensive

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needs assessments. The members of the committee shall consist of the DCYF director, or designee;

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no more than eight (8) and no less than three (3) additional members of the DCYF staff, appointed

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by the director; the child advocate, or designee; the executive director of Rhode Island Kids Count

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or designee; two (2) designees from community provider agencies contracted with DCYF,

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appointed by the RI Coalition for Children and Families; a state senator, or designee, appointed by

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the senate president; a state representative, or designee, appointed by the speaker of the house; two

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(2) individuals with experience in the Rhode Island child welfare system, one of whom was a youth

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or parent (foster, adoptive or birth) formerly involved in the state child welfare system, appointed

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by the DCYF director; and the chief judge of the family court, or designee. The committee may

 

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appoint two (2) additional members by a majority vote of all members. The committee shall elect

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a chair from the membership. Committee members shall serve three (3) year terms and may serve

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more than one term. The department shall furnish space for the committee. All committee meetings

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are subject to chapter 46 of title 42 ("open meetings").

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     (iii) The committee shall meet once a month throughout the time a comprehensive needs

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assessment is being conducted, and as needed, to provide advice and guidance to the party or parties

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conducting the assessment.

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     (iv) Upon completion of the comprehensive needs assessments, the department shall post

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the report on its website and submit the report to the governor, the senate president, the speaker of

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the house and the child advocate;

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     (7) To license, approve, monitor, and evaluate all residential and non-residential group

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homes, foster homes, and programs;

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     (8) To recruit and coordinate community resources, public and private;

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     (9) To promulgate rules and regulations concerning the confidentiality, disclosure, and

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expungement of case records pertaining to matters under the jurisdiction of the department;

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     (10) To establish a minimum mandatory level of twenty (20) hours of training per year and

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provide ongoing staff development for all staff;

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     (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

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chapter 11 of title 40;

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     (12) To promulgate all rules and regulations necessary for the execution of departmental

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powers pursuant to the administrative procedures act, chapter 35 of this title;

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     (13) To provide and act as a clearinghouse for information, data, and other materials

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relative to children;

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     (14) To initiate and carry out studies and analysis that will aid in solving local, regional,

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and statewide problems concerning children;

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     (15) To represent and act on behalf of the state in connection with federal-grant programs

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applicable to programs for children in the functional areas described in this chapter;

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     (16) To seek, accept, and otherwise take advantage of all federal aid available to the

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department, and to assist other agencies of the state, local agencies, and community groups in taking

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advantage of all federal grants and subventions available for children;

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     (17) To review and coordinate those activities of agencies of the state, and of any political

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subdivision of the state, that affect the full and fair utilization of community resources for programs

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for children, and initiate programs that will help ensure utilization;

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     (18) To administer the pilot juvenile-restitution program, including the overseeing and

 

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coordinating of all local community-based restitution programs, and the establishment of

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procedures for the processing of payments to children performing community service;

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     (19) To adopt rules and regulations that:

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     (i) For the twelve-month (12) period beginning on October 1, 1983, and for each

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subsequent twelve-month (12) period, establish specific goals as to the maximum number of

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children who will remain in foster care for a period in excess of two (2) years; and

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     (ii) Are reasonably necessary to implement the child-welfare services and foster-care

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programs;

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     (20) May establish and conduct seminars for the purpose of educating children regarding

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sexual abuse;

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     (21) To establish fee schedules by regulations for the processing of requests from adoption

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placement agencies for adoption studies, adoption study updates, and supervision related to

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interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered,

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but in no event shall the fee exceed two thousand dollars ($2,000);

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     (22) To be responsible for the education of all children who are placed, assigned, or

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otherwise accommodated for residence by the department in a state-operated or -supported

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community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the

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department is authorized to enroll and pay for the education of students in the public schools or,

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when necessary and appropriate, to itself provide education in accordance with the regulations of

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the council on elementary and secondary education either directly or through contract;

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     (23) To develop multidisciplinary service plans, in conjunction with the department of

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health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

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development of a plan using all healthcare professionals;

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     (24) To be responsible for the delivery of appropriate mental health services to seriously

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emotionally disturbed children and children with functional developmental disabilities.

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Appropriate mental health services may include hospitalization, placement in a residential

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treatment facility, or treatment in a community-based setting. The department is charged with the

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responsibility for developing the public policy and programs related to the needs of seriously

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emotionally disturbed children and children with functional developmental disabilities;

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     In fulfilling its responsibilities the department shall:

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     (i) Plan a diversified and comprehensive network of programs and services to meet the

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needs of seriously emotionally disturbed children and children with functional developmental

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disabilities;

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     (ii) Provide the overall management and supervision of the state program for seriously

 

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emotionally disturbed children and children with functional developmental disabilities;

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     (iii) Promote the development of programs for preventing and controlling emotional or

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behavioral disorders in children;

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     (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

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seriously emotionally disturbed children and children with functional developmental disabilities

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and to work with private agencies serving those children;

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     (v) Promote the development of new resources for program implementation in providing

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services to seriously emotionally disturbed children and children with functional developmental

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disabilities.

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     The department shall adopt rules and regulations that are reasonably necessary to

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implement a program of mental health services for seriously emotionally disturbed children.

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     Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

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least in accordance with rules and regulations to be adopted by the department, at least its average

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per-pupil cost for special education for the year in which placement commences, as its share of the

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cost of educational services furnished to a seriously emotionally disturbed child pursuant to this

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section in a residential treatment program that includes the delivery of educational services.

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     “Seriously emotionally disturbed child” means any person under the age of eighteen (18)

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years, or any person under the age of twenty-one (21) years, who began to receive services from

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the department prior to attaining eighteen (18) years of age and has continuously received those

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services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder

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under the current edition of the Diagnostic and Statistical Manual and that disability has been

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ongoing for one year or more or has the potential of being ongoing for one year or more; and the

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child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at

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risk of placement because of the disability.

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     A child with a “functional developmental disability” means any person under the age of

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eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

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services from the department prior to attaining eighteen (18) years of age and has continuously

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received those services thereafter.

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     The term “functional developmental disability” includes autism spectrum disorders and

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means a severe, chronic disability of a person that:

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     (A) Is attributable to a mental or physical impairment or combination of mental physical

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impairments;

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     (B) Is manifested before the person attains age eighteen (18);

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     (C) Is likely to continue indefinitely;

 

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     (D) Results in age-appropriate, substantial, functional limitations in three (3) or more of

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the following areas of major life activity:

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     (I) Self-care;

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     (II) Receptive and expressive language;

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     (III) Learning;

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     (IV) Mobility;

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     (V) Self direction;

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     (VI) Capacity for independent living; and

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     (VII) Economic self-sufficiency; and

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     (E) Reflects the person’s need for a combination and sequence of special, interdisciplinary,

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or generic care, treatment, or other services that are of life-long or extended duration and are

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individually planned and coordinated.

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     Funding for these clients shall include funds that are transferred to the department of human

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services as part of the managed healthcare program transfer. However, the expenditures relating to

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these clients shall not be part of the department of human services’ caseload estimated for the semi-

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annual, caseload-estimating conference. The expenditures shall be accounted for separately;

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     (25) To provide access to services to any person under the age of eighteen (18) years, or

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any person under the age of twenty-one (21) years who began to receive child welfare services

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from the department prior to attaining eighteen (18) years of age, has continuously received those

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services thereafter, and elects to continue to receive such services after attaining the age of eighteen

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(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount

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of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a

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managed system to care for children serviced between 18 to 21 years of age. The department shall

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manage this caseload to this level of funding;

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     (26) To initiate transition planning in cooperation with the department of behavioral

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healthcare, developmental disabilities and hospitals and local school departments for any child who

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receives services through DCYF; is seriously emotionally disturbed or developmentally delayed

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pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department

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of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21)

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years; the transition planning shall commence at least twelve (12) months prior to the person’s

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twenty-first birthday and shall result in a collaborative plan submitted to the family court by both

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the department of behavioral healthcare, developmental disabilities and hospitals and the

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department of children, youth and families and shall require the approval of the court prior to the

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dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-

 

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first birthday;

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     (27) To develop and maintain, in collaboration with other state and private agencies, a

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comprehensive continuum of care in this state for children in the care and custody of the department

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or at risk of being in state care. This continuum of care should be family centered and community

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based with the focus of maintaining children safely within their families or, when a child cannot

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live at home, within as close proximity to home as possible based on the needs of the child and

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resource availability. The continuum should include community-based prevention, family support,

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and crisis-intervention services, as well as a full array of foster care and residential services,

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including residential services designed to meet the needs of children who are seriously emotionally

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disturbed, children who have a functional developmental disability, and youth who have juvenile

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justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of

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care for children in the care and custody of DCYF, taking into account the availability of public

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and private resources and financial appropriations and the director shall submit an annual report to

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the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-

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72-4(b)(13);

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     (28) To administer funds under the John H. Chafee Foster Care Independence and

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Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42

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U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter

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72.8 of this title, in accordance with rules and regulations as promulgated by the director of the

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department; and

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     (29) To process nationwide criminal record checks on prospective foster parents and any

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household member age 18 or older, prospective adoptive parents and any household member age

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18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed

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special advocates, persons seeking employment in a childcare facility or at the training school for

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youth or on behalf of any person seeking employment at DCYF, who are required to submit to

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nationwide criminal background checks as a matter of law.

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     (c) In order to assist in the discharge of his or her duties, the director may request from any

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agency of the state information pertinent to the affairs and problems of children.

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     (d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

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     (e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

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     (f) On or before October 1, 2023, the director shall establish a process for hiring individuals

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seeking employment at the department as a social caseworker or child protective investigator. The

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department shall be provided with funding for one full-time employee, or the equivalent, to support

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the implementation of the hiring process. The process shall be in effect through September 30,

 

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2024.

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     (1) Generally, the process shall include, but need not be limited to:

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     (i) Screening and reviewing candidates for eligibility criteria including education and

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experience;

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     (ii) Administering the requisite civil service examinations;

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     (iii) Conducting in-person interviews;

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     (iv) Determining which applicants will be offered employment; and

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     (v) Determining the order in which employment offers will be given.

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     (2) Specifically, the process shall include, but need not be limited to, the following

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elements:

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     (i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in

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the specification with social caseworker IIs and child protective investigators as approved by the

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department of administration.

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     (ii) Civil service examinations.

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     (A) Examinations shall be offered by the department at least three (3) times per month to

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individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday,

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and a weeknight option.

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     (B) The director shall determine the process and administration of the exam. The director

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is not obligated to schedule an examination if there are no current applicants for the position

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available by the deadline set by the director pursuant to this subsection.

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     (C) If an applicant does not pass the examination, the department shall notify the applicant

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as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so

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until sixty (60) days have passed from the date the notification was sent.

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     (iii) In-person interviews.

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     (A) Applicants who pass the civil service examination shall be invited to an in-person

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interview.

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     (B) The interview shall be conducted by at least two (2) current employees of the

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department.

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     (I) One of whom shall have a culturally or racially diverse background; and

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     (II) One of whom is currently in a supervisory role over social caseworkers or child

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protective investigators for at least three (3) years.

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     (III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this

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section does not necessarily require two (2) individuals. One individual may satisfy both

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requirements.

 

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     (C) There shall be a good faith effort to accommodate the availability of the applicant and

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the individuals on the panel when scheduling the interview.

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     (iv) Offering employment.

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     (A) Prior to offering employment, an applicant shall pass both the civil service exam and

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the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets

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these criteria.

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     (B) Determining whether an applicant successfully completes the in-person interview shall

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be based on criteria established by the director.

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     (I) The department of administration shall score the civil service exams and provide a

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pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams

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from DCYF.

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     (II) The director may create a method of scoring interviews to provide objectivity and

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uniformity when assessing applicants.

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     (g) On or before March 15, 2024, the department shall provide an interim report to the

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senate president and the speaker of the house regarding the hiring process developed and

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implemented pursuant to subsection (f) of this section. The report shall include, but is not limited

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to, the following data concerning social caseworkers and child protective investigators at the

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department:

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     (1) The number of social caseworkers hired using the process developed pursuant to

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subsection (f) of this section;

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     (2) The number of child protective investigators hired using the process developed pursuant

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to subsection (f) of this section;

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     (3) The number of terminations or resignations since October 1, 2023;

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     (4) The number of vacancies that existed on October 1, 2023, and the number of vacancies

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that exist as of the date of the report; and

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     (5) Any identified barriers to hiring that exist in spite of, or because of, the process

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developed pursuant to subsection (f) of this section.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

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     This act would require the department of children, youth and families (DCYF) to conduct

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periodic comprehensive needs assessments to determine whether the department’s programs and

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services meet the needs of children and families in the care of the department, assess client

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accessibility and collect data to develop goals and measurable objectives for new and existing

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programs and services. The act would also create a committee that shall advise the entity conducting

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the comprehensive needs assessments.

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     This act would take effect upon passage.

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