Rhode Island 2023 Regular Session

Rhode Island House Bill H5965 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5965
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7	7	LC002212
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
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13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDR EN,
16	16	YOUTH AND FAMILIES--FOSTER PARENTS' BILL OF RIGHTS
17	17	Introduced By: Representatives Casimiro, Noret, Baginski, Serpa, Chippendale,
18	18	Donovan, Kazarian, and Spears
19	19	Date Introduced: March 01, 2023
20	20	Referred To: House State Government & Elections
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23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 42-72.10-1 of the General Laws in Chapter 42-72.10 entitled 1
25	25	"Department of Children, Youth and Families — Foster Parents’ Bill of Rights" is hereby amended 2
26	26	to read as follows: 3
27	27	42-72.10-1. Statement of foster parents’ rights. 4
28	28	(a) The Rhode Island general assembly recognizes the importance of foster parents in the 5
29	29	care and nurturing of children who are in the care and custody of the department of children, youth 6
30	30	and families hereinafter (“the department”). In an effort to ensure that foster parents are treated 7
31	31	with dignity, respect, and trust in their work for the department, a statement of foster parents’ rights 8
32	32	shall be given to every foster parent at each licensing interval and shall include the following rights: 9
33	33	(1) The right to be treated with dignity, respect, and consideration as a member of the child-10
34	34	welfare-treatment team; 11
35	35	(2) The right to be notified of and be given appropriate education and continuing education 12
36	36	and training to develop and enhance foster-parenting skills; 13
37	37	(3) The right to be informed about ways to contact the department to receive information 14
38	38	and assistance to access supportive services for any child in the foster parent’s care; 15
39	39	(4) The right to receive timely financial reimbursement for providing foster-care services; 16
40	40	(5) The right to be notified of any costs or expenses that may be eligible for reimbursement 17
41	41	by the department; 18
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45	45	(6) The right to be provided a clear, written explanation of the individual treatment and 1
46	46	service plan concerning the child in the foster parent’s home; 2
47	47	(7) The right to receive, at any time during which a child is placed with the foster parent, 3
48	48	additional or necessary information that the department has that may be relevant to the care of the 4
49	49	child; 5
50	50	(8) The right to be notified of scheduled review meetings, permanency-planning meetings, 6
51	51	and special staffing concerning the foster child in order to actively participate in the case planning 7
52	52	and decision-making process regarding the child; 8
53	53	(9) The right to provide input concerning individual treatment and the services plan for the 9
54	54	child and to have that input be given respect and consideration in the same manner as information 10
55	55	presented by any other member of the treatment team; 11
56	56	(10) The right to communicate with other professionals who work with the foster child 12
57	57	within the context of the treatment team, including, but not limited to, therapists, physicians, and 13
58	58	teachers; 14
59	59	(11) The right to be given, in a timely and consistent manner, information, as allowed by 15
60	60	law, regarding the child and the child’s family that is pertinent to the care and needs of the child 16
61	61	and to the development of a permanency plan for the child; 17
62	62	(12) The right to be given reasonable notice of any change in, or addition to, the services 18
63	63	provided to the child pursuant to the child’s individual treatment and service plan; 19
64	64	(13) The right to be given written notice, except in emergency circumstances, of the 20
65	65	following: 21
66	66	(i) Plans to terminate the placement of the child with the foster parent; and 22
67	67	(ii) The reasons for the changes or termination of the placement; 23
68	68	(14) The right to be notified by the department of court proceedings, to attend hearings and 24
69	69	reviews, and to present oral or written reports to the court pursuant to § 14-1-30.2; 25
70	70	(15) The right to be considered as a preferred-placement option if a foster child who was 26
71	71	formerly placed with the foster parent is to reenter foster care at the same level and type of care; 27
72	72	provided that placement is consistent with the best interest of the child and other children in the 28
73	73	home of the foster parent and, in the case of a child age twelve (12) or older, that child wants to 29
74	74	return to the foster parent; 30
75	75	(16) The right to be provided a fair, timely, and impartial investigation of complaints 31
76	76	concerning the licensing of the foster parent; 32
77	77	(17) The right to be provided the opportunity to request and receive a fair and impartial 33
78	78	hearing regarding decisions that affect licensing retention; 34
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82	82	(18) The right to provide or withhold permission, without prior approval of the caseworker, 1
83	83	department, educational advocate, or court, to allow a child in his or her care to participate in normal 2
84	84	childhood activities based on a reasonable and prudent parent standard in accordance with the 3
85	85	provisions of Title IV-E of the Social Security Act. The reasonable and prudent parent standard 4
86	86	means the standard of care used in determining whether a foster parent(s) can allow a child in his 5
87	87	or her care to participate in educational field trips, extracurricular, enrichment, and social activities. 6
88	88	This standard is characterized by careful and thoughtful parental decision-making that is intended 7
89	89	to maintain a child’s health, safety, and best interest while encouraging the child’s social, 8
90	90	emotional, and developmental growth; 9
91	91	(19) The right to have timely access to the appeals process of the department and the right 10
92	92	to be free from acts of harassment and retaliation by any other party when exercising the right to 11
93	93	appeal; and 12
94	94	(20) The right to file a grievance and be informed of the process for filing a grievance. 13
95	95	(b) The department shall be responsible for implementing the provisions of this section. 14
96	96	(c) Beginning in January 2024, and completed annually by December 31 of each year, the 15
97	97	department shall produce a summary report of all findings documenting all reports of suspected 16
98	98	and/or verified violations of this chapter and shall make the report public on its website and shall 17
99	99	make it available to all members of the general assembly. 18
100	100	(c)(d) Nothing in this section shall be construed to create a private right of action or claim 19
101	101	on the part of any individual, department, or other state agency. 20
102	102	SECTION 2. This act shall take effect upon passage. 21
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109	109	EXPLANATION
110	110	BY THE LEGISLATIVE COUNCIL
111	111	OF
112	112	A N A C T
113	113	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDR EN,
114	114	YOUTH AND FAMILIES--FOSTER PARENTS' BILL OF RIGHTS
115	115	***
116	116	This act would require, beginning in January 2024, and completed annually by December 1
117	117	31 of each year thereafter, the department would prepare a summary report of all findings 2
118	118	documenting all reports of suspected and/or verified violations of this chapter and would make the 3
119	119	report public on its website and make it available to all members of the general assembly. 4
120	120	This act would take effect upon passage. 5
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