2025 -- H 6000

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LC001539

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND

MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER

AND ADOPTIVE HOMES, AND CHILDREN’S BEHAVIORAL HEALTH PROGRAMS

     Introduced By: Representatives Hopkins, Place, Roberts, J. Brien, Bennett, Perez, and
Chippendale

     Date Introduced: February 28, 2025

     Referred To: House Finance

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72.1-3 of the General Laws in Chapter 42-72.1 entitled "Licensing

and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and Adoptive Homes,

and Children’s Behavioral Health Programs" is hereby amended to read as follows:

     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, child caring agencies, foster and adoptive homes,

and children’s behavioral health programs as defined in § 42-72.1-2 or assess administrative

penalties under the provisions of chapter 72.11 of this title relating to licensed childcare centers,

family childcare homes, and group family 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.

     (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-placing agencies, child caring

agencies, foster and adoptive homes, and children’s behavioral health programs;

     (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 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;

and

     (9) Investigation of previous employment, criminal record check and department records

check; and

     (10) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

     (11) Out-of- state placements in foster care. All out-of-state foster care placement facilities

shall be registered with the state medical assistance program as a Medicaid provider. The director

may waive the Medicaid requirement on a case-by-case basis, if the director deems there is an

emergency need for placement of a child in foster care at a facility that is not a registered Medicaid

provider, and no Medicaid provider is available to provide placement.

     (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 matters.

     (g) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

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     (h) When the department is otherwise unsuccessful in remedying noncompliance with the

provisions of this chapter and the regulations promulgated under it, it may petition the family court

for an order enjoining the noncompliance or for any order that equity and justice may require.

     (i) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

     (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 that

provides a shelter for pregnant adults as its sole purpose.

     (k) Notwithstanding the transfer of licensing to and the licensing and monitoring of day

and childcare facilities to the department of human services, pursuant to chapter 12.5 of this title,

the department of children, youth and families will continue to be the agency responsible for

investigating any complaint of abuse and neglect that is alleged to have occurred at a daycare or

childcare facility. Any appeal of an investigative finding of abuse or neglect against a staff member,

paid or otherwise, including managerial or contract personnel, or visitor may be appealed to the

Rhode Island family court.

     (l) The Rhode Island family court shall retain jurisdiction over those complaints

investigated by the department of children, youth and families, pursuant to this chapter, regardless

of whether licensing and monitoring is performed under chapter 12.5 of this title or this chapter.

     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 -- LICENSING AND

MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER

AND ADOPTIVE HOMES, AND CHILDREN’S BEHAVIORAL HEALTH PROGRAMS

***

     This act would require all out-of-state foster care placement facilities be registered with the

state as a Medicaid provider. The director may waive the Medicaid requirement on a case by case

basis, if the director deems there is an emergency need for placement of a child in foster care at a

facility that is not a registered Medicaid provider, and no Medicaid provider is available.

     This act would take effect upon passage.

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