Rhode Island 2023 Regular Session

Rhode Island House Bill H6375 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	2023 -- H 6375 ~~SUBSTITUTE A~~
	5	+	2023 -- H 6375
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7		-	LC002957~~/SUB A~~
	7	+	LC002957
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9	9		S TATE OF RHODE IS LAND
10	10		IN GENERAL ASSEMBLY
11	11		JANUARY SESSION, A.D. 2023
12	12		____________
13	13
14	14		A N A C T
15	15		RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
16	16		ADMINISTRATION -- DEPARTMENT OF CHILDR EN, YOUTH, AND FAMILIES
17		-	Introduced By: Representatives Donovan, Solomon, Speakman, Spears, ~~Cotter, Caldwell,~~
18		-	McEntee, Morales, and Cortvriend
	17	+	Introduced By: Representatives Donovan, Casimiro, Solomon, Speakman, Spears,
	18	+	Cotter, Caldwell, McEntee, Morales, and Cortvriend
19	19		Date Introduced: May 05, 2023
20	20		Referred To: House Finance
21	21
22	22
23	23		It is enacted by the General Assembly as follows:
24	24		SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department 1
25	25		of Administration" is hereby amended to read as follows: 2
26	26		42-11-2. Powers and duties of department. 3
27	27		The department of administration shall have the following powers and duties: 4
28	28		(1) To prepare a budget for the several state departments and agencies, subject to the 5
29	29		direction and supervision of the governor; 6
30	30		(2) To administer the budget for all state departments and agencies, except as specifically 7
31	31		exempted by law; 8
32	32		(3) To devise, formulate, promulgate, supervise, and control accounting systems, 9
33	33		procedures, and methods for the state departments and agencies, conforming to such accounting 10
34	34		standards and methods as are prescribed by law; 11
35	35		(4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and 12
36	36		services needed by state departments and agencies, except as specifically exempted by law; 13
37	37		(5) To prescribe standard specifications for those purchases and contracts and to enforce 14
38	38		compliance with specifications; 15
39	39		(6) To supervise and control the advertising for bids and awards for state purchases; 16
40	40		(7) To regulate the requisitioning and storage of purchased items, the disposal of surplus 17
41	41		and salvage, and the transfer to or between state departments and agencies of needed supplies, 18
42	42
43	43
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45	45		equipment, and materials; 1
46	46		(8) To maintain, equip, and keep in repair the state house, state office building, and other 2
47	47		premises owned or rented by the state for the use of any department or agency, excepting those 3
48	48		buildings, the control of which is vested by law in some other agency; 4
49	49		(9) To provide for the periodic inspection, appraisal or inventory of all state buildings and 5
50	50		property, real and personal; 6
51	51		(10) To require reports from state agencies on the buildings and property in their custody; 7
52	52		(11) To issue regulations to govern the protection and custody of the property of the state; 8
53	53		(12) To assign office and storage space and to rent and lease land and buildings for the use 9
54	54		of the several state departments and agencies in the manner provided by law; 10
55	55		(13) To control and supervise the acquisition, operation, maintenance, repair, and 11
56	56		replacement of state-owned motor vehicles by state agencies; 12
57	57		(14) To maintain and operate central duplicating and mailing service for the several state 13
58	58		departments and agencies; 14
59	59		(15) To furnish the several departments and agencies of the state with other essential office 15
60	60		services; 16
61	61		(16) To survey and examine the administration and operation of the state departments and 17
62	62		agencies, submitting to the governor proposals to secure greater administrative efficiency and 18
63	63		economy, to minimize the duplication of activities, and to effect a better organization and 19
64	64		consolidation of functions among state agencies; 20
65	65		(17) To operate a merit system of personnel administration and personnel management as 21
66	66		defined in § 36-3-3 in connection with the conditions of employment in all state departments and 22
67	67		agencies within the classified service; 23
68	68		(18) To assign or reassign, with the approval of the governor, any functions, duties, or 24
69	69		powers established by this chapter to any agency within the department; 25
70	70		(19) To establish, maintain, and operate a data processing center or centers, approve the 26
71	71		acquisition and use of electronic data processing services by state agencies, furnish staff assistance 27
72	72		in methods, systems and programming work to other state agencies, and arrange for and effect the 28
73	73		centralization and consolidation of punch card and electronic data processing equipment and 29
74	74		services in order to obtain maximum utilization and efficiency; 30
75	75		(20) To devise, formulate, promulgate, supervise, and control a comprehensive and 31
76	76		coordinated statewide information system designed to improve the database used in the 32
77	77		management of public resources, to consult and advise with other state departments and agencies 33
78	78		and municipalities to assure appropriate and full participation in this system, and to encourage the 34
79	79
80	80
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82	82		participation of the various municipalities of this state in this system by providing technical or other 1
83	83		appropriate assistance toward establishing, within those municipalities, compatible information 2
84	84		systems in order to obtain the maximum effectiveness in the management of public resources; 3
85	85		(i) The comprehensive and coordinated statewide information system may include a Rhode 4
86	86		Island geographic information system of land-related economic, physical, cultural and natural 5
87	87		resources. 6
88	88		(ii) In order to ensure the continuity of the maintenance and functions of the geographic 7
89	89		information system, the general assembly may annually appropriate such sum as it may deem 8
90	90		necessary to the department of administration for its support; 9
91	91		(21) To administer a statewide planning program including planning assistance to the state 10
92	92		departments and agencies; 11
93	93		(22) To administer a statewide program of photography and photographic services; 12
94	94		(23) To negotiate with public or private educational institutions in the state, in cooperation 13
95	95		with the department of health, for state support of medical education; 14
96	96		(24) To promote the expansion of markets for recovered material and to maximize their 15
97	97		return to productive economic use through the purchase of materials and supplies with recycled 16
98	98		content by the state of Rhode Island to the fullest extent practically feasible; 17
99	99		(25) To approve costs as provided in § 23-19-32; 18
100	100		(26) To provide all necessary civil service tests for child protective investigators and 19
101	101		individuals seeking employment as social workers at the department of human services at least 20
102	102		twice each year and to maintain an adequate hiring list for these positions this position at all times; 21
103	103		(27)(a) To prepare a report every three (3) months by all current property leases or rentals 22
104	104		by any state or quasi-state agency to include the following information: 23
105	105		(i) Name of lessor; 24
106	106		(ii) Description of the lease (purpose, physical characteristics, and location); 25
107	107		(iii) Cost of the lease; 26
108	108		(iv) Amount paid to date; 27
109	109		(v) Date initiated; 28
110	110		(vi) Date covered by the lease. 29
111	111		(b) To prepare a report by October 31, 2014, of all current property owned by the state or 30
112	112		leased by any state agency or quasi-state agency to include the following information: 31
113	113		(i) Total square feet for each building or leased space; 32
114	114		(ii) Total square feet for each building and space utilized as office space currently; 33
115	115		(iii) Location of each building or leased space; 34
116	116
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119	119		(iv) Ratio and listing of buildings owned by the state versus leased; 1
120	120		(v) Total occupancy costs which shall include capital expenses, provided a proxy should 2
121	121		be provided to compare properties that are owned versus leased by showing capital expenses on 3
122	122		owned properties as a per square foot cost at industry depreciation rates; 4
123	123		(vi) Expiration dates of leases; 5
124	124		(vii) Number of workstations per building or leased space; 6
125	125		(viii) Total square feet divided by number of workstations; 7
126	126		(ix) Total number of vacant workstations; 8
127	127		(x) Percentage of vacant workstations versus total workstations available; 9
128	128		(xi) Date when an action is required by the state to renew or terminate a lease; 10
129	129		(xii) Strategic plan for leases commencing or expiring by June 30, 2016; 11
130	130		(xiii) Map of all state buildings which provides: cost per square foot to maintain, total 12
131	131		number of square feet, total operating cost, date each lease expires, number of persons per building 13
132	132		and total number of vacant seats per building; and 14
133	133		(xiv) Industry benchmark report which shall include total operating cost by full-time 15
134	134		equivalent employee, total operating cost by square foot and total square feet divided by full-time 16
135	135		equivalent employee; 17
136	136		(28) To prepare a report to the chairs of the house and senate finance committees by 18
137	137		December 15, 2021, and each year thereafter of all current property owned by the state or leased 19
138	138		by any state agency or quasi-state agency to include the following information: 20
139	139		(i) Total square feet for each building or leased space; 21
140	140		(ii) Total square feet for each building and space utilized as office space currently; 22
141	141		(iii) Location of each building or leased space; 23
142	142		(iv) Ratio and listing of buildings owned by the state versus leased; 24
143	143		(v) Total occupancy costs which shall include capital expenses, provided a proxy should 25
144	144		be provided to compare properties that are owned versus leased by showing capital expenses on 26
145	145		owned properties as a per square foot cost at industry depreciation rates; 27
146	146		(vi) Expiration dates of leases; 28
147	147		(vii) Number of workstations per building or leased space; 29
148	148		(viii) Total square feet divided by number of workstations; 30
149	149		(ix) Total number of vacant workstations; 31
150	150		(x) Percentage of vacant workstations versus total workstations available; 32
151	151		(xi) Date when an action is required by the state to renew or terminate a lease; 33
152	152		(xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each 34
153	153
154	154
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156	156		subsequent year thereafter; 1
157	157		(xiii) Map of all state buildings that provides: cost per square foot to maintain, total number 2
158	158		of square feet, total operating cost, date each lease expires, number of persons per building and 3
159	159		total number of vacant seats per building; and 4
160	160		(xiv) Industry benchmark report that shall include total operating cost by full-time 5
161	161		equivalent employee, total operating cost by square foot and total square feet divided by full-time 6
162	162		equivalent employee; 7
163	163		(29) To provide by December 31, 1995, the availability of automatic direct deposit to any 8
164	164		recipient of a state benefit payment, provided that the agency responsible for making that payment 9
165	165		generates one thousand (1,000) or more such payments each month; 10
166	166		(30) To encourage municipalities, school districts, and quasi-public agencies to achieve 11
167	167		cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or 12
168	168		by entering into collaborative agreements with other municipalities, districts, or agencies. To assist 13
169	169		in determining whether the benefit levels including employee cost sharing and unit costs of such 14
170	170		benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies 15
171	171		as compared with state benefit levels and costs; and 16
172	172		(31) To administer a health benefit exchange in accordance with chapter 157 of this title. 17
173	173		SECTION 2. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 18
174	174		of Children, Youth and Families" is hereby amended to read as follows: 19
175	175		42-72-5. Powers and scope of activities. 20
176	176		(a) The department is the principal agency of the state to mobilize the human, physical, and 21
177	177		financial resources available to plan, develop, and evaluate a comprehensive and integrated 22
178	178		statewide program of services designed to ensure the opportunity for children to reach their full 23
179	179		potential. The services include prevention, early intervention, outreach, placement, care and 24
180	180		treatment, and after-care programs; provided, however, that the department notifies the state police 25
181	181		and cooperates with local police departments when it receives and/or investigates a complaint of 26
182	182		sexual assault on a minor and concludes that probable cause exists to support the allegations(s). 27
183	183		The department also serves as an advocate for the needs of children. Additionally, on or before 28
184		-	~~October~~ 1, 2023, the department shall implement the hiring process developed by the director 29
	184	+	August 1, 2023, the department shall implement the hiring process developed by the director 29
185	185		pursuant to subsection (f) of this section. 30
186	186		(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 31
187	187		authorized and empowered: 32
188	188		(1) To establish those administrative and operational divisions of the department that the 33
189	189		director determines is in the best interests of fulfilling the purposes and duties of this chapter; 34
190	190
191	191
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193	193		(2) To assign different tasks to staff members that the director determines best suit the 1
194	194		purposes of this chapter; 2
195	195		(3) To establish plans and facilities for emergency treatment, relocation, and physical 3
196	196		custody of abused or neglected children that may include, but are not limited to, 4
197	197		homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 5
198	198		teams, emergency parents, group homes for teenage parents, family centers within existing 6
199	199		community agencies, and counseling services; 7
200	200		(4) To establish, monitor, and evaluate protective services for children including, but not 8
201	201		limited to, purchase of services from private agencies and establishment of a policy and procedure 9
202	202		manual to standardize protective services; 10
203	203		(5) To plan and initiate primary- and secondary-treatment programs for abused and 11
204	204		neglected children; 12
205	205		(6) To evaluate the services of the department and to conduct periodic, comprehensive-13
206	206		needs assessment; 14
207	207		(7) To license, approve, monitor, and evaluate all residential and non-residential group 15
208	208		homes, foster homes, and programs; 16
209	209		(8) To recruit and coordinate community resources, public and private; 17
210	210		(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 18
211	211		expungement of case records pertaining to matters under the jurisdiction of the department; 19
212	212		(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 20
213	213		provide ongoing staff development for all staff; provided, however, all social workers hired after 21
214	214		June 15, 1991, within the department shall have a minimum of a bachelor’s degree in social work 22
215	215		or a closely related field, and must be appointed from a valid, civil-service list; 23
216	216		(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 24
217	217		chapter 11 of title 40; 25
218	218		(12) To promulgate all rules and regulations necessary for the execution of departmental 26
219	219		powers pursuant to the administrative procedures act, chapter 35 of this title; 27
220	220		(13) To provide and act as a clearinghouse for information, data, and other materials 28
221	221		relative to children; 29
222	222		(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 30
223	223		and statewide problems concerning children; 31
224	224		(15) To represent and act on behalf of the state in connection with federal-grant programs 32
225	225		applicable to programs for children in the functional areas described in this chapter; 33
226	226		(16) To seek, accept, and otherwise take advantage of all federal aid available to the 34
227	227
228	228
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230	230		department, and to assist other agencies of the state, local agencies, and community groups in taking 1
231	231		advantage of all federal grants and subventions available for children; 2
232	232		(17) To review and coordinate those activities of agencies of the state, and of any political 3
233	233		subdivision of the state, that affect the full and fair utilization of community resources for programs 4
234	234		for children, and initiate programs that will help ensure utilization; 5
235	235		(18) To administer the pilot, juvenile-restitution program, including the overseeing and 6
236	236		coordinating of all local, community-based restitution programs, and the establishment of 7
237	237		procedures for the processing of payments to children performing community service; 8
238	238		(19) To adopt rules and regulations that: 9
239	239		(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 10
240	240		subsequent twelve-month (12) period, establish specific goals as to the maximum number of 11
241	241		children who will remain in foster care for a period in excess of two (2) years; and 12
242	242		(ii) Are reasonably necessary to implement the child-welfare services and foster-care 13
243	243		programs; 14
244	244		(20) May establish and conduct seminars for the purpose of educating children regarding 15
245	245		sexual abuse; 16
246	246		(21) To establish fee schedules by regulations for the processing of requests from adoption 17
247	247		placement agencies for adoption studies, adoption study updates, and supervision related to 18
248	248		interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 19
249	249		but in no event shall the fee exceed two thousand dollars ($2,000); 20
250	250		(22) To be responsible for the education of all children who are placed, assigned, or 21
251	251		otherwise accommodated for residence by the department in a state-operated or -supported 22
252	252		community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 23
253	253		department is authorized to enroll and pay for the education of students in the public schools or, 24
254	254		when necessary and appropriate, to itself provide education in accordance with the regulations of 25
255	255		the council on elementary and secondary education either directly or through contract; 26
256	256		(23) To develop multidisciplinary service plans, in conjunction with the department of 27
257	257		health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 28
258	258		development of a plan using all healthcare professionals; 29
259	259		(24) To be responsible for the delivery of appropriate mental health services to seriously 30
260	260		emotionally disturbed children and children with functional developmental disabilities. 31
261	261		Appropriate mental health services may include hospitalization, placement in a residential 32
262	262		treatment facility, or treatment in a community-based setting. The department is charged with the 33
263	263		responsibility for developing the public policy and programs related to the needs of seriously 34
264	264
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267	267		emotionally disturbed children and children with functional developmental disabilities; 1
268	268		In fulfilling its responsibilities the department shall: 2
269	269		(i) Plan a diversified and comprehensive network of programs and services to meet the 3
270	270		needs of seriously emotionally disturbed children and children with functional developmental 4
271	271		disabilities; 5
272	272		(ii) Provide the overall management and supervision of the state program for seriously 6
273	273		emotionally disturbed children and children with functional developmental disabilities; 7
274	274		(iii) Promote the development of programs for preventing and controlling emotional or 8
275	275		behavioral disorders in children; 9
276	276		(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 10
277	277		seriously emotionally disturbed children and children with functional developmental disabilities 11
278	278		and to work with private agencies serving those children; 12
279	279		(v) Promote the development of new resources for program implementation in providing 13
280	280		services to seriously emotionally disturbed children and children with functional developmental 14
281	281		disabilities. 15
282	282		(A) Is attributable to a mental or physical impairment or combination of mental physical 16
283	283		impairments; 17
284	284		(B) Is manifested before the person attains age eighteen (18); 18
285	285		(C) Is likely to continue indefinitely; 19
286	286		(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 20
287	287		the following areas of major life activity: 21
288	288		(I) Self-care; 22
289	289		(II) Receptive and expressive language; 23
290	290		(III) Learning; 24
291	291		(IV) Mobility; 25
292	292		(V) Self direction; 26
293	293		(VI) Capacity for independent living; and 27
294	294		(VII) Economic self-sufficiency; and 28
295	295		(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 29
296	296		or generic care, treatment, or other services that are of life-long or extended duration and are 30
297	297		individually planned and coordinated. 31
298	298		The department shall adopt rules and regulations that are reasonably necessary to 32
299	299		implement a program of mental health services for seriously emotionally disturbed children. 33
300	300		Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 34
301	301
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304	304		least in accordance with rules and regulations to be adopted by the department, at least its average 1
305	305		per-pupil cost for special education for the year in which placement commences, as its share of the 2
306	306		cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 3
307	307		section in a residential treatment program that includes the delivery of educational services. 4
308	308		“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 5
309	309		years, or any person under the age of twenty-one (21) years, who began to receive services from 6
310	310		the department prior to attaining eighteen (18) years of age and has continuously received those 7
311	311		services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 8
312	312		under the current edition of the Diagnostic and Statistical Manual and that disability has been 9
313	313		ongoing for one year or more or has the potential of being ongoing for one year or more; and the 10
314	314		child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 11
315	315		risk of placement because of the disability. 12
316	316		A child with a “functional developmental disability” means any person under the age of 13
317	317		eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 14
318	318		services from the department prior to attaining eighteen (18) years of age and has continuously 15
319	319		received those services thereafter. 16
320	320		The term “functional developmental disability” includes autism spectrum disorders and 17
321	321		means a severe, chronic disability of a person that: 18
322	322		Funding for these clients shall include funds that are transferred to the department of human 19
323	323		services as part of the managed healthcare program transfer. However, the expenditures relating to 20
324	324		these clients shall not be part of the department of human services’ caseload estimated for the semi-21
325	325		annual, caseload-estimating conference. The expenditures shall be accounted for separately; 22
326	326		(25) To provide access to services to any person under the age of eighteen (18) years, or 23
327	327		any person under the age of twenty-one (21) years who began to receive child welfare services 24
328	328		from the department prior to attaining eighteen (18) years of age, has continuously received those 25
329	329		services thereafter, and elects to continue to receive such services after attaining the age of eighteen 26
330	330		(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 27
331	331		of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 28
332	332		managed system to care for children serviced between 18 to 21 years of age. The department shall 29
333	333		manage this caseload to this level of funding; 30
334	334		(26) To initiate transition planning in cooperation with the department of behavioral 31
335	335		healthcare, developmental disabilities and hospitals and local school departments for any child who 32
336	336		receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 33
337	337		pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 34
338	338
339	339
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341	341		of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 1
342	342		years; the transition planning shall commence at least twelve (12) months prior to the person’s 2
343	343		twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 3
344	344		the department of behavioral healthcare, developmental disabilities and hospitals and the 4
345	345		department of children, youth and families and shall require the approval of the court prior to the 5
346	346		dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-6
347	347		first birthday; 7
348	348		(27) To develop and maintain, in collaboration with other state and private agencies, a 8
349	349		comprehensive continuum of care in this state for children in the care and custody of the department 9
350	350		or at risk of being in state care. This continuum of care should be family centered and community 10
351	351		based with the focus of maintaining children safely within their families or, when a child cannot 11
352	352		live at home, within as close proximity to home as possible based on the needs of the child and 12
353	353		resource availability. The continuum should include community-based prevention, family support, 13
354	354		and crisis-intervention services, as well as a full array of foster care and residential services, 14
355	355		including residential services designed to meet the needs of children who are seriously emotionally 15
356	356		disturbed, children who have a functional developmental disability, and youth who have juvenile 16
357	357		justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 17
358	358		care for children in the care and custody of DCYF, taking into account the availability of public 18
359	359		and private resources and financial appropriations and the director shall submit an annual report to 19
360	360		the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-20
361	361		72-4(b)(13); 21
362	362		(28) To administer funds under the John H. Chafee Foster Care Independence and 22
363	363		Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 23
364	364		U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 24
365	365		72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the 25
366	366		department; and 26
367	367		(29) To process nationwide criminal record checks on prospective foster parents and any 27
368	368		household member age 18 or older, prospective adoptive parents and any household member age 28
369	369		18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 29
370	370		special advocates, persons seeking employment in a childcare facility or at the training school for 30
371	371		youth or on behalf of any person seeking employment at DCYF, who are required to submit to 31
372	372		nationwide criminal background checks as a matter of law. 32
373	373		(c) In order to assist in the discharge of his or her duties, the director may request from any 33
374	374		agency of the state information pertinent to the affairs and problems of children. 34
375	375
376	376
377		-	LC002957~~/SUB A~~ - Page 11 of 14
	377	+	LC002957 - Page 11 of 14
378	378		(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 1
379	379		(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 2
380		-	(f) On or before ~~October~~ 1, 2023, the director shall establish a process for hiring ~~individuals~~ 3
381		-	seeking employment at the department as a social ~~caseworker~~ or child protective investigator. The 4
	380	+	(f) On or before August 1, 2023, the director shall establish a process for hiring individua ls 3
	381	+	seeking employment at the department as a social worker or child protective investigator. The 4
382	382		department shall be provided with funding for one full-time employee, or the equivalent, to support 5
383		-	the implementation of the hiring process. The process shall be in effect through ~~September 30~~, 6
384		-	~~2024.~~ 7
385		-	(1) ~~Generally, the process shall include,~~ ~~but need not be limited to:~~ 8
386		-	(i) ~~Screening and reviewing candidates for eligibility criteria including education and~~ 9
387		-	~~experience~~; 10
388		-	(ii) ~~Administering the requisite civil service examinations~~; 11
389		-	(~~iii~~) ~~Conducting~~ in~~-person interviews;~~ 12
390		-	(iv) ~~Determining which applicants will~~ be ~~offered employment;~~ ~~and~~ 13
391		-	~~(v) Determining the order in which employment offers will be given.~~ 14
392		-	(2) ~~Specifically, the process shall include, but need not be limited to, the following~~ 15
393		-	~~elements:~~ 16
394		-	~~(i) Eligibility criteria~~. 17
395		-	(A~~) Candidates must meet~~ the ~~minimum job requirements as defined in the specification~~ 18
396		-	~~with social caseworker IIs and child protective investigators as approved by the department of~~ 19
397		-	~~administration.~~ 20
398		-	(ii) ~~Civil service examinations.~~ 21
399		-	~~(A) Examinations shall be offered by the department at least three (3) times per month to~~ 22
400		-	~~individuals who meet the eligibility criteria and at times that~~ shall ~~include a weekend,~~ a weekday 23
401		-	~~and a weeknight option.~~ 24
402		-	(B) The ~~director shall determine the process~~ and ~~administration of the exam. The director~~ 25
403		-	~~is not obligated to schedule an examination if there are no current applicants for the position~~ 26
404		-	~~available by~~ the ~~deadline set by the director pursuant to this subsection.~~ 27
405		-	~~(C) If an applicant does not pass the examination, the department shall notify the applicant~~ 28
406		-	~~as soon as is practicable.~~ Applicants ~~wishing~~ to ~~re-~~take the examination ~~are not eligible to do so~~ 29
407		-	~~until sixty~~ (60) ~~days have passed from the date said notification was sent.~~ 30
408		-	~~(iii) In-person interviews.~~ 31
409		-	(A) ~~Applicants who pass~~ the ~~civil service examination shall be invited to an in-person~~ 32
410		-	~~interview.~~ 33
411		-	~~(B) The interview shall be conducted by at least two (2) current employees of the~~ 34
	383	+	the implementation of the hiring process. The process shall be in effect through July 31, 2024. 6
	384	+	(1) Generally, the process shall include, but need not be limited to: 7
	385	+	(i) Identifying minimum eligibility criteria for candidates’ education and experience; 8
	386	+	(ii) Administering the requisite civil service examinations; 9
	387	+	(iii) Conducting in-person interviews; 10
	388	+	(iv) Determining which applicants will be offered employment; and 11
	389	+	(v) Determining the order in which employment offers will be given. 12
	390	+	(2) Specifically, the process shall include, but need not be limited to, the following 13
	391	+	elements: 14
	392	+	(i) Minimum eligibility criteria. 15
	393	+	(A) Individuals seeking to be employed as a social worker at the department shall have a 16
	394	+	minimum of a bachelor’s degree in social work. Alternatively, individuals may have a bachelor’s 17
	395	+	degree in a field that is closely related to social work, as determined by the director. 18
	396	+	(ii) Civil service examinations. 19
	397	+	(A) Examinations shall be offered by the department at least three (3) times per month to 20
	398	+	individuals who meet the minimum eligibility criteria pursuant to subsection (f)((2)(i) of this 21
	399	+	section and any regulations promulgated thereunder. 22
	400	+	(I) One examination shall be offered on a weekday between the hours of 9:00 AM and 5:00 23
	401	+	PM. 24
	402	+	(II) One examination shall be offered on a weekday between the hours of 6:00 PM and 25
	403	+	9:00 PM. 26
	404	+	(III) One examination shall be offered on a Saturday or Sunday between the hours of 9:00 27
	405	+	AM and 5:00 PM. 28
	406	+	(B) Applicants shall register to take the examination. The director shall determine: 29
	407	+	(I) How long before an examination is scheduled to take place an individual must register; 30
	408	+	and 31
	409	+	(II) The acceptable method(s) of registration. These methods may include, but are not 32
	410	+	limited to, a form that can be submitted directly through the department’s website, a telephone 33
	411	+	number, or an email address. 34
412	412
413	413
414		-	LC002957~~/SUB A~~ - Page 12 of 14
415		-	~~department.~~ 1
416		-	~~(I) One of whom~~ shall ~~have a culturally or racially diverse background; and~~ 2
417		-	~~(II) One of whom is currently~~ in ~~a supervisory role over social caseworkers or child~~ 3
418		-	~~protective investigators for at least three~~ (3) ~~years.~~ 4
419		-	~~(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this~~ 5
420		-	~~section~~ does not ~~necessarily require two (2) individuals.~~ ~~One individual may satisfy both~~ 6
421		-	~~requirements~~. 7
422		-	(C) ~~There shall be a good faith effort to accommodate~~ the ~~availability of the applicant and~~ 8
423		-	~~the individuals on the panel when scheduling the interview~~. 9
424		-	(iv) ~~Offering employment.~~ 10
425		-	~~(A) Prior to offering employment~~, ~~an applicant~~ shall ~~pass both the civil service exam~~ and 11
426		-	the ~~in-person interview.~~ ~~Nothing herein~~ is ~~a guarantee of employment to an applicant who meets~~ 12
427		-	these ~~criteria.~~ 13
428		-	~~(B) Determining whether an applicant successfully completes the in-person interview shall~~ 14
429		-	be ~~based on criteria established by~~ the ~~director.~~ 15
430		-	~~(I)~~ The ~~department of administration shall score~~ the ~~civil service exams and provide a~~ 16
431		-	~~pass/fail listing of all candidates to DCYF within five~~ (5) ~~business days of receipt of the exams~~ 17
432		-	~~from DCYF.~~ 18
433		-	~~(II)~~ The ~~director may create a method of scoring interviews to provide objectivity and~~ 19
434		-	~~uniformity when assessing applicants.~~ 20
435		-	~~(g)~~ On ~~or before March 15, 2024,~~ the ~~department shall provide an interim report to the~~ 21
436		-	~~senate president and~~ the ~~speaker of~~ the ~~house regarding the hiring process developed and~~ 22
437		-	~~implemented pursuant~~ to ~~subsection (f) of this section. The report shall include, but is not limited~~ 23
438		-	~~to,~~ the ~~following data concerning social caseworkers and child protective investigators at the~~ 24
439		-	~~department:~~ 25
440		-	(1) The ~~number~~ of ~~social caseworkers hired using the process developed pursuant to~~ 26
441		-	subsection ~~(f) of this section;~~ 27
442		-	(2) The ~~number of child protective investigators hired using~~ the ~~process developed pursuant~~ 28
443		-	~~to subsection (f)~~ of ~~this section;~~ 29
444		-	(3) The ~~number of terminations or resignations since October 1~~, ~~2023;~~ 30
445		-	~~(4)~~ The ~~number of vacancies that existed on October 1, 2023~~ and the ~~number of vacancies~~ 31
446		-	~~that exist as of the date of the report; and~~ 32
447		-	(5) ~~Any identified barriers to hiring that exist in spite~~ of~~, or because of,~~ the process 33
448		-	~~developed pursuant to subsection~~ (f) of this section. 34
	414	+	LC002957 - Page 12 of 14
	415	+	(III) If a particular examination has received no registrations by the deadline imposed by 1
	416	+	the director pursuant to this subsection, the department shall be exempted from offering an 2
	417	+	examination at that time and remain in compliance with this subsection. 3
	418	+	(C) If an applicant passes the examination, the applicant shall be invited to an in-person 4
	419	+	interview. 5
	420	+	(D) If an applicant does not pass the examination, the department shall notify the applicant 6
	421	+	as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 7
	422	+	until sixty (60) days have passed from the date said notification was sent. 8
	423	+	(iii) In-person interviews. 9
	424	+	(A) The interview shall be conducted by at least two (2) current employees of the 10
	425	+	department, one of whom shall have a culturally or racially diverse background and one of whom 11
	426	+	is currently performing the duties of the job the applicant is seeking, or has performed those duties 12
	427	+	within the past five (5) years. Satisfying these requirements does not necessarily require two (2) 13
	428	+	individuals. One individual may satisfy both requirements. 14
	429	+	(B) There shall be a good faith effort to accommodate the availability of the applicant and 15
	430	+	the individuals on the panel when scheduling the interview. 16
	431	+	(iv) Offering employment. 17
	432	+	(A) Employment shall be offered to applicants who successfully complete both the civil 18
	433	+	service examination and the in-person interview. 19
	434	+	(B) Determining whether an applicant successfully completes the in-person interview shall 20
	435	+	be based on criteria established by the director. 21
	436	+	(I) The director may consult with the department when establishing said criteria. 22
	437	+	(II) The director may create a method of scoring interviews to provide objectivity and 23
	438	+	uniformity when assessing applicants. The scoring method may assign weights to various aspects 24
	439	+	of the interview according to the importance of that element to the job the applicant is seeking. 25
	440	+	(3) The department may promulgate rules and regulations to implement the purpose of this 26
	441	+	subsection. 27
	442	+	(g) On or before January 5, 2024, the department may provide an interim report to the 28
	443	+	senate president and the speaker of the house regarding the hiring process developed and 29
	444	+	implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 30
	445	+	to, the following data concerning social workers and child protective investigators at the 31
	446	+	department: 32
	447	+	(1) The number of social workers hired using the process developed pursuant to subsection 33
	448	+	(f) of this section; 34
449	449
450	450
451		-	LC002957/SUB A - Page 13 of 14
452		-	SECTION 3. This act shall take effect upon passage. 1
	451	+	LC002957 - Page 13 of 14
	452	+	(2) The number of child protective investigators hired using the process developed pursuant 1
	453	+	to subsection (f) of this section; 2
	454	+	(3) The number of terminations or resignations since August 1, 2023; 3
	455	+	(4) The number of vacancies that existed on August 1, 2023 and the number of vacancies 4
	456	+	that exists as of the date of the report; and 5
	457	+	(5) Any barriers to hiring that exist in spite of, or because of, the process developed 6
	458	+	pursuant to subsection (f) of this section. 7
	459	+	SECTION 3. This act shall take effect upon passage. 8
453	460		========
454		-	LC002957~~/SUB A~~
	461	+	LC002957
455	462		========
456	463
457	464
458		-	LC002957~~/SUB A~~ - Page 14 of 14
	465	+	LC002957 - Page 14 of 14
459	466		EXPLANATION
460	467		BY THE LEGISLATIVE COUNCIL
461	468		OF
462	469		A N A C T
463	470		RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
464	471		ADMINISTRATION -- DEPARTMENT OF CHILDR EN, YOUTH, AND FAMILIES
465	472		***
466	473		This act would establish a new, temporary process in the department of children, youth and 1
467	474		families, for the hiring of social workers and child protective investigators at the department for a 2
468		-	one year period commencing ~~on October~~ 1, 2023. 3
	475	+	one year period commencing August 1, 2023. 3
469	476		This act would take effect upon passage. 4
470	477		========
471		-	LC002957~~/SUB A~~
	478	+	LC002957
472	479		========