2026 -- S 2048 SUBSTITUTE A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO HEALTH AND SAFETY -- VITAL RECORDS

     Introduced By: Senators Kallman, Ciccone, Acosta, Mack, Quezada, Vargas, Euer,
Sosnowski, Urso, and Thompson

     Date Introduced: January 09, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Chapter 23-3 of the General Laws entitled "Vital Records" is hereby amended

by adding thereto the following section:

     23-3-30. Vital records procurement for children and youth involved with the

department of children, youth and families.

     (a) For the purposes of this section, "currently involved with the department" means and

refers to a child or youth who is actively engaged with one or more of the following department of

children, youth and families (DCYF) divisions: family services unit (FSU), child protective

services (CPS), Rhode Island training school (RITS), juvenile probation/parole, children's

behavioral health services (CBH), or the voluntary extension of care (VEC) program. For the

purposes of this section, the term applies to children or youth who are involved with these divisions

but are not in the legal custody of DCYF.

     (b) Purpose and establishment.

     There is hereby established a coordinated process, administered by DCYF, through its

federal benefits unit, in collaboration with the Rhode Island department of health, to facilitate the

timely request, submission, and receipt of birth, death, and marriage certificates for children, youth,

and young adults involved with DCYF.

     (c) Scope of services. The federal benefits unit shall:

     (1) Process requests submitted by DCYF staff for vital records issued within the State of

Rhode Island;

     (2) Assist in obtaining vital records from other states or foreign jurisdictions, including

identifying and communicating with the appropriate issuing authority; and

     (3) Provide administrative support to ensure that such requests are completed efficiently

and without unnecessary delay.

     (d) Responsibilities of requesting staff. Any DCYF staff member initiating a request

pursuant to this section shall:

     (1) Determine when a vital record is required;

     (2) Ensure that all records obtained are handled, maintained, and disclosed in accordance

with applicable confidentiality laws and departmental policies; and

     (3) Submit requests in accordance with procedures established by DCYF.

     The role of the federal benefits unit shall be limited to the processing and facilitation of

such requests.

     (e) Birth certificates for children in custody or care.

     (1) The primary service worker shall ensure that a birth certificate is obtained and

maintained in the file of every child or youth in the custody of DCYF.

     (2) DCYF shall process requests for Rhode Island-issued birth certificates for any child,

youth, or young adult involved with DCYF.

     (3) For individuals born outside the state or outside the United States, DCYF shall process

requests for birth certificates only for those individuals who are in the custody of DCYF.

     (f) Amendments and name changes — Rhode Island records.

     (1) When an amendment or name change to a Rhode Island-issued birth certificate is

required for a child, youth, or young adult involved with DCYF, the primary service worker shall:

     (i) Consult with supervisory personnel and legal counsel; and

     (ii) Obtain an appropriate order from the Rhode Island family court.

     (2) Upon issuance of such order, the amendment shall be submitted to the department of

health for processing.

     (3) No request for an amended certificate shall be processed by the federal benefits unit

until such amendment has been completed.

     (g) Amendments for out-of-state or foreign records.

     When a birth certificate issued by another state or country requires amendment or

correction, the federal benefits unit shall assist in identifying the appropriate authority and

facilitating communication with that jurisdiction to support the amendment process.

     (h) Certificate request process. To assist staff with processing of vital records pursuant to

this section including, but not limited to, any birth, death and marriage certificate, DCYF, in

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collaboration with the federal benefits unit, shall assist and/or process a request for a birth, death,

or marriage certificate for children and youth currently involved with DCYF.

     (1) DCYF staff person initiating the request for a birth, death, or marriage certificate

relating to a child involved with DCYF is responsible for the following:

     (i) Consulting with the supervisor to determine when it is necessary to request a death or

marriage certificate. Every child/youth in DCYF's custody must have a birth certificate;

     (ii) Determining if the certificate is an in-state, out-of-state or out-of-country (Department

of State - Passport Correspondence Office) request.

     (i) In-state requests. The following applies to any in-state request under this section:

     (1) In-state requests do not require a copy of the decree awarding custody to DCYF.

     (2) The primary service worker shall complete the appropriate form located in "new office

documents" under the "case record" tab referenced as follows:

     (i) Birth certificate - Form #194;

     (ii) Death certificate - Form #195;

     (iii) Marriage certificate - Form #196.

     (3) The primary service worker shall attach the completed form to an email and forward it

to the unit of DCYF that handles federal benefits.

     (4) The federal benefits unit shall review the form for completeness and inform the primary

service worker if further information is required.

     (5) The federal benefits unit shall forward completed requests to the division of vital

records in the department of health (DOH).

     (6) The federal benefits unit, upon receipt of the certificate from DOH, shall forward it to

the requesting worker.

     (7) The primary service worker shall be responsible for determining who should receive a

copy of the document and that the document is appropriately handled and maintained in accordance

with applicable confidentiality provisions.

     (8) For children and youth under age eighteen (18) not in the custody of DCYF, and youth

at the Rhode Island training school (RITS) the primary service worker shall obtain an agency

application request for a birth certificate form signed by the parent or legal guardian of the

child/youth giving DCYF permission to obtain the birth certificate on their behalf. The primary

service worker shall forward a copy of the signed agency application request for a birth certificate

form to the federal benefits unit.

     (9) For young adults involved with DCYF age eighteen (18) and over the primary service

worker shall obtain a copy of the youth's ID along with an agency application request for a birth

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certificate form signed by the youth giving DCYF permission to obtain the birth certificate on their

behalf. The primary service worker shall forward a copy of the signed agency application request

for a birth certificate form to the federal benefits unit.

     (j) Out-of-state requests. The following applies to out-of-state requests:

     (1) The primary service worker shall verify that the child has a valid legal status recorded

in DCYF's electronic case record.

     (2) The primary service worker shall complete the appropriate form located under the

"forms" tab in PowerDMS, and the primary service worker shall include as much identifying

information as possible to ensure that the information required by that state is sufficient to obtain

the record, using the following references:

     (i) Birth certificate - Form #194;

     (ii) Death certificate - Form #195;

     (iii) Marriage certificate - Form #196.

     (3) The primary service worker shall forward the hard copy request and decree awarding

custody to DCYF to the federal benefits unit.

     (4) The federal benefits unit shall review request the packet for completeness and inform

the primary service worker if further information is required.

     (5) The federal benefits unit shall contact the appropriate authority for out-of-state requests

before sending it to ensure appropriate documents, information, and fees are included with the

request.

     (6) The federal benefits unit, if necessary, shall transfer information to the local authority's

format. If additional information is needed, federal benefits staff shall request it directly from the

initiating worker.

     (7) The federal benefits unit shall process the request to the appropriate out-of-state

authority.

     (8) The federal benefits unit, upon receipt of the certificate, shall forward it to the

requesting worker.

     (k) Out-of-country requests. The following applies to out-of-country requests:

     (1) The primary service worker shall verify that the child has a valid legal status recorded

in DCYF's electronic case record.

     (2) An out-of-country request is processed through the Department of State. The

Department of State cannot provide an out-of-country certificate for an individual that has not

registered with the Department of State.

     (3) The primary service worker shall complete the appropriate form located in "new office

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documents" under the "case record" tab. The primary service worker shall include as much

identifying information as possible to ensure that DCYF provides the information required by that

country to obtain the record using the following references:

     (i) Birth certificate - Form #194;

     (ii) Death certificate - Form #195;

     (iii) Marriage certificate - Form #196.

     (4) The primary service worker shall forward the hard copy request and decree awarding

custody to the federal benefits unit.

     (5) The federal benefits unit shall review the request packet for completeness and inform

the primary service worker if further information is required.

     (6) The federal benefits unit shall transfer information to the Department of State form. If

additional information is needed, federal benefits staff shall request it directly from the initiating

worker.

     (7) The federal benefits unit shall process requests to the Department of State.

     (8) The federal benefits unit shall, upon receipt of the certificate, forward it to the

requesting worker.

     (l) Amending or changing the name on a birth certificate.

     (1) The primary service worker or other DCYF staff involved with the case shall identify

the need for an amendment or name change to a birth certificate on file at the DOH division of vital

records.

     (2) The primary service worker shall consult with DCYF's legal office to initiate the

process of amending the child's birth certificate.

     (3) If necessary, a motion is filed by the legal office to request a change to the child's birth

certificate and a hearing is scheduled in the family court.

     (4) If the court grants DCYF's request to amend the birth certificate, the legal office shall

prepare a decree.

     (5) The legal office shall provide the completed decree to the primary service worker.

     (6) The primary service worker shall secure the signature of a family court judge with the

assistance of DCYF's legal counsel.

     (7) The primary service worker shall file the signed decree with the clerk's office in family

court and request that the clerk's office provide a certified copy of the decree. The worker shall

deliver the certified copy to the federal benefits unit along with completed birth certificate form

#194, and the federal benefits unit shall forward the request and decree to the department of health.

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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 HEALTH AND SAFETY -- VITAL RECORDS

***

     This act would codify the DCYF operating procedure for the submission and fulfillment of

requests for persons involved with the department who request birth, death or marriage certificates.

     This act would take effect upon passage.

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