2023 -- H 6375 SUBSTITUTE A
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S TATE OF RHODE IS LAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2023
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNME NT -- DEPARTMENT OF
ADMINISTRATION -- DEPARTMENT OF CHILDR EN, YOUTH, AND FAMILIES
Introduced By: Representatives Donovan, Solomon, Speakman, Spears, Cotter, Caldwell,
McEntee, Morales, and Cortvriend
Date Introduced: May 05, 2023
Referred To: House Finance
It is enacted by the General Assembly as follows:
SECTION 1. Section 42-11-2 of the General Laws in Chapter 42-11 entitled "Department 1
of Administration" is hereby amended to read as follows: 2
42-11-2. Powers and duties of department. 3
The department of administration shall have the following powers and duties: 4
(1) To prepare a budget for the several state departments and agencies, subject to the 5
direction and supervision of the governor; 6
(2) To administer the budget for all state departments and agencies, except as specifically 7
exempted by law; 8
(3) To devise, formulate, promulgate, supervise, and control accounting systems, 9
procedures, and methods for the state departments and agencies, conforming to such accounting 10
standards and methods as are prescribed by law; 11
(4) To purchase or to contract for the supplies, materials, articles, equipment, printing, and 12
services needed by state departments and agencies, except as specifically exempted by law; 13
(5) To prescribe standard specifications for those purchases and contracts and to enforce 14
compliance with specifications; 15
(6) To supervise and control the advertising for bids and awards for state purchases; 16
(7) To regulate the requisitioning and storage of purchased items, the disposal of surplus 17
and salvage, and the transfer to or between state departments and agencies of needed supplies, 18
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equipment, and materials; 1
(8) To maintain, equip, and keep in repair the state house, state office building, and other 2
premises owned or rented by the state for the use of any department or agency, excepting those 3
buildings, the control of which is vested by law in some other agency; 4
(9) To provide for the periodic inspection, appraisal or inventory of all state buildings and 5
property, real and personal; 6
(10) To require reports from state agencies on the buildings and property in their custody; 7
(11) To issue regulations to govern the protection and custody of the property of the state; 8
(12) To assign office and storage space and to rent and lease land and buildings for the use 9
of the several state departments and agencies in the manner provided by law; 10
(13) To control and supervise the acquisition, operation, maintenance, repair, and 11
replacement of state-owned motor vehicles by state agencies; 12
(14) To maintain and operate central duplicating and mailing service for the several state 13
departments and agencies; 14
(15) To furnish the several departments and agencies of the state with other essential office 15
services; 16
(16) To survey and examine the administration and operation of the state departments and 17
agencies, submitting to the governor proposals to secure greater administrative efficiency and 18
economy, to minimize the duplication of activities, and to effect a better organization and 19
consolidation of functions among state agencies; 20
(17) To operate a merit system of personnel administration and personnel management as 21
defined in § 36-3-3 in connection with the conditions of employment in all state departments and 22
agencies within the classified service; 23
(18) To assign or reassign, with the approval of the governor, any functions, duties, or 24
powers established by this chapter to any agency within the department; 25
(19) To establish, maintain, and operate a data processing center or centers, approve the 26
acquisition and use of electronic data processing services by state agencies, furnish staff assistance 27
in methods, systems and programming work to other state agencies, and arrange for and effect the 28
centralization and consolidation of punch card and electronic data processing equipment and 29
services in order to obtain maximum utilization and efficiency; 30
(20) To devise, formulate, promulgate, supervise, and control a comprehensive and 31
coordinated statewide information system designed to improve the database used in the 32
management of public resources, to consult and advise with other state departments and agencies 33
and municipalities to assure appropriate and full participation in this system, and to encourage the 34
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participation of the various municipalities of this state in this system by providing technical or other 1
appropriate assistance toward establishing, within those municipalities, compatible information 2
systems in order to obtain the maximum effectiveness in the management of public resources; 3
(i) The comprehensive and coordinated statewide information system may include a Rhode 4
Island geographic information system of land-related economic, physical, cultural and natural 5
resources. 6
(ii) In order to ensure the continuity of the maintenance and functions of the geographic 7
information system, the general assembly may annually appropriate such sum as it may deem 8
necessary to the department of administration for its support; 9
(21) To administer a statewide planning program including planning assistance to the state 10
departments and agencies; 11
(22) To administer a statewide program of photography and photographic services; 12
(23) To negotiate with public or private educational institutions in the state, in cooperation 13
with the department of health, for state support of medical education; 14
(24) To promote the expansion of markets for recovered material and to maximize their 15
return to productive economic use through the purchase of materials and supplies with recycled 16
content by the state of Rhode Island to the fullest extent practically feasible; 17
(25) To approve costs as provided in § 23-19-32; 18
(26) To provide all necessary civil service tests for child protective investigators and 19
individuals seeking employment as social workers at the department of human services at least 20
twice each year and to maintain an adequate hiring list for these positions this position at all times; 21
(27)(a) To prepare a report every three (3) months by all current property leases or rentals 22
by any state or quasi-state agency to include the following information: 23
(i) Name of lessor; 24
(ii) Description of the lease (purpose, physical characteristics, and location); 25
(iii) Cost of the lease; 26
(iv) Amount paid to date; 27
(v) Date initiated; 28
(vi) Date covered by the lease. 29
(b) To prepare a report by October 31, 2014, of all current property owned by the state or 30
leased by any state agency or quasi-state agency to include the following information: 31
(i) Total square feet for each building or leased space; 32
(ii) Total square feet for each building and space utilized as office space currently; 33
(iii) Location of each building or leased space; 34
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(iv) Ratio and listing of buildings owned by the state versus leased; 1
(v) Total occupancy costs which shall include capital expenses, provided a proxy should 2
be provided to compare properties that are owned versus leased by showing capital expenses on 3
owned properties as a per square foot cost at industry depreciation rates; 4
(vi) Expiration dates of leases; 5
(vii) Number of workstations per building or leased space; 6
(viii) Total square feet divided by number of workstations; 7
(ix) Total number of vacant workstations; 8
(x) Percentage of vacant workstations versus total workstations available; 9
(xi) Date when an action is required by the state to renew or terminate a lease; 10
(xii) Strategic plan for leases commencing or expiring by June 30, 2016; 11
(xiii) Map of all state buildings which provides: cost per square foot to maintain, total 12
number of square feet, total operating cost, date each lease expires, number of persons per building 13
and total number of vacant seats per building; and 14
(xiv) Industry benchmark report which shall include total operating cost by full-time 15
equivalent employee, total operating cost by square foot and total square feet divided by full-time 16
equivalent employee; 17
(28) To prepare a report to the chairs of the house and senate finance committees by 18
December 15, 2021, and each year thereafter of all current property owned by the state or leased 19
by any state agency or quasi-state agency to include the following information: 20
(i) Total square feet for each building or leased space; 21
(ii) Total square feet for each building and space utilized as office space currently; 22
(iii) Location of each building or leased space; 23
(iv) Ratio and listing of buildings owned by the state versus leased; 24
(v) Total occupancy costs which shall include capital expenses, provided a proxy should 25
be provided to compare properties that are owned versus leased by showing capital expenses on 26
owned properties as a per square foot cost at industry depreciation rates; 27
(vi) Expiration dates of leases; 28
(vii) Number of workstations per building or leased space; 29
(viii) Total square feet divided by number of workstations; 30
(ix) Total number of vacant workstations; 31
(x) Percentage of vacant workstations versus total workstations available; 32
(xi) Date when an action is required by the state to renew or terminate a lease; 33
(xii) Strategic plan for leases commencing or expiring by June 30, 2022, and each 34
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subsequent year thereafter; 1
(xiii) Map of all state buildings that provides: cost per square foot to maintain, total number 2
of square feet, total operating cost, date each lease expires, number of persons per building and 3
total number of vacant seats per building; and 4
(xiv) Industry benchmark report that shall include total operating cost by full-time 5
equivalent employee, total operating cost by square foot and total square feet divided by full-time 6
equivalent employee; 7
(29) To provide by December 31, 1995, the availability of automatic direct deposit to any 8
recipient of a state benefit payment, provided that the agency responsible for making that payment 9
generates one thousand (1,000) or more such payments each month; 10
(30) To encourage municipalities, school districts, and quasi-public agencies to achieve 11
cost savings in health insurance, purchasing, or energy usage by participating in state contracts, or 12
by entering into collaborative agreements with other municipalities, districts, or agencies. To assist 13
in determining whether the benefit levels including employee cost sharing and unit costs of such 14
benefits and costs are excessive relative to other municipalities, districts, or quasi-public agencies 15
as compared with state benefit levels and costs; and 16
(31) To administer a health benefit exchange in accordance with chapter 157 of this title. 17
SECTION 2. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 18
of Children, Youth and Families" is hereby amended to read as follows: 19
42-72-5. Powers and scope of activities. 20
(a) The department is the principal agency of the state to mobilize the human, physical, and 21
financial resources available to plan, develop, and evaluate a comprehensive and integrated 22
statewide program of services designed to ensure the opportunity for children to reach their full 23
potential. The services include prevention, early intervention, outreach, placement, care and 24
treatment, and after-care programs; provided, however, that the department notifies the state police 25
and cooperates with local police departments when it receives and/or investigates a complaint of 26
sexual assault on a minor and concludes that probable cause exists to support the allegations(s). 27
The department also serves as an advocate for the needs of children. Additionally, on or before 28
October 1, 2023, the department shall implement the hiring process developed by the director 29
pursuant to subsection (f) of this section. 30
(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 31
authorized and empowered: 32
(1) To establish those administrative and operational divisions of the department that the 33
director determines is in the best interests of fulfilling the purposes and duties of this chapter; 34
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(2) To assign different tasks to staff members that the director determines best suit the 1
purposes of this chapter; 2
(3) To establish plans and facilities for emergency treatment, relocation, and physical 3
custody of abused or neglected children that may include, but are not limited to, 4
homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 5
teams, emergency parents, group homes for teenage parents, family centers within existing 6
community agencies, and counseling services; 7
(4) To establish, monitor, and evaluate protective services for children including, but not 8
limited to, purchase of services from private agencies and establishment of a policy and procedure 9
manual to standardize protective services; 10
(5) To plan and initiate primary- and secondary-treatment programs for abused and 11
neglected children; 12
(6) To evaluate the services of the department and to conduct periodic, comprehensive-13
needs assessment; 14
(7) To license, approve, monitor, and evaluate all residential and non-residential group 15
homes, foster homes, and programs; 16
(8) To recruit and coordinate community resources, public and private; 17
(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 18
expungement of case records pertaining to matters under the jurisdiction of the department; 19
(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 20
provide ongoing staff development for all staff; provided, however, all social workers hired after 21
June 15, 1991, within the department shall have a minimum of a bachelor’s degree in social work 22
or a closely related field, and must be appointed from a valid, civil-service list; 23
(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 24
chapter 11 of title 40; 25
(12) To promulgate all rules and regulations necessary for the execution of departmental 26
powers pursuant to the administrative procedures act, chapter 35 of this title; 27
(13) To provide and act as a clearinghouse for information, data, and other materials 28
relative to children; 29
(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 30
and statewide problems concerning children; 31
(15) To represent and act on behalf of the state in connection with federal-grant programs 32
applicable to programs for children in the functional areas described in this chapter; 33
(16) To seek, accept, and otherwise take advantage of all federal aid available to the 34
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department, and to assist other agencies of the state, local agencies, and community groups in taking 1
advantage of all federal grants and subventions available for children; 2
(17) To review and coordinate those activities of agencies of the state, and of any political 3
subdivision of the state, that affect the full and fair utilization of community resources for programs 4
for children, and initiate programs that will help ensure utilization; 5
(18) To administer the pilot, juvenile-restitution program, including the overseeing and 6
coordinating of all local, community-based restitution programs, and the establishment of 7
procedures for the processing of payments to children performing community service; 8
(19) To adopt rules and regulations that: 9
(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 10
subsequent twelve-month (12) period, establish specific goals as to the maximum number of 11
children who will remain in foster care for a period in excess of two (2) years; and 12
(ii) Are reasonably necessary to implement the child-welfare services and foster-care 13
programs; 14
(20) May establish and conduct seminars for the purpose of educating children regarding 15
sexual abuse; 16
(21) To establish fee schedules by regulations for the processing of requests from adoption 17
placement agencies for adoption studies, adoption study updates, and supervision related to 18
interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 19
but in no event shall the fee exceed two thousand dollars ($2,000); 20
(22) To be responsible for the education of all children who are placed, assigned, or 21
otherwise accommodated for residence by the department in a state-operated or -supported 22
community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 23
department is authorized to enroll and pay for the education of students in the public schools or, 24
when necessary and appropriate, to itself provide education in accordance with the regulations of 25
the council on elementary and secondary education either directly or through contract; 26
(23) To develop multidisciplinary service plans, in conjunction with the department of 27
health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 28
development of a plan using all healthcare professionals; 29
(24) To be responsible for the delivery of appropriate mental health services to seriously 30
emotionally disturbed children and children with functional developmental disabilities. 31
Appropriate mental health services may include hospitalization, placement in a residential 32
treatment facility, or treatment in a community-based setting. The department is charged with the 33
responsibility for developing the public policy and programs related to the needs of seriously 34
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emotionally disturbed children and children with functional developmental disabilities; 1
In fulfilling its responsibilities the department shall: 2
(i) Plan a diversified and comprehensive network of programs and services to meet the 3
needs of seriously emotionally disturbed children and children with functional developmental 4
disabilities; 5
(ii) Provide the overall management and supervision of the state program for seriously 6
emotionally disturbed children and children with functional developmental disabilities; 7
(iii) Promote the development of programs for preventing and controlling emotional or 8
behavioral disorders in children; 9
(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 10
seriously emotionally disturbed children and children with functional developmental disabilities 11
and to work with private agencies serving those children; 12
(v) Promote the development of new resources for program implementation in providing 13
services to seriously emotionally disturbed children and children with functional developmental 14
disabilities. 15
(A) Is attributable to a mental or physical impairment or combination of mental physical 16
impairments; 17
(B) Is manifested before the person attains age eighteen (18); 18
(C) Is likely to continue indefinitely; 19
(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 20
the following areas of major life activity: 21
(I) Self-care; 22
(II) Receptive and expressive language; 23
(III) Learning; 24
(IV) Mobility; 25
(V) Self direction; 26
(VI) Capacity for independent living; and 27
(VII) Economic self-sufficiency; and 28
(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 29
or generic care, treatment, or other services that are of life-long or extended duration and are 30
individually planned and coordinated. 31
The department shall adopt rules and regulations that are reasonably necessary to 32
implement a program of mental health services for seriously emotionally disturbed children. 33
Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 34
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least in accordance with rules and regulations to be adopted by the department, at least its average 1
per-pupil cost for special education for the year in which placement commences, as its share of the 2
cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 3
section in a residential treatment program that includes the delivery of educational services. 4
“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 5
years, or any person under the age of twenty-one (21) years, who began to receive services from 6
the department prior to attaining eighteen (18) years of age and has continuously received those 7
services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 8
under the current edition of the Diagnostic and Statistical Manual and that disability has been 9
ongoing for one year or more or has the potential of being ongoing for one year or more; and the 10
child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 11
risk of placement because of the disability. 12
A child with a “functional developmental disability” means any person under the age of 13
eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 14
services from the department prior to attaining eighteen (18) years of age and has continuously 15
received those services thereafter. 16
The term “functional developmental disability” includes autism spectrum disorders and 17
means a severe, chronic disability of a person that: 18
Funding for these clients shall include funds that are transferred to the department of human 19
services as part of the managed healthcare program transfer. However, the expenditures relating to 20
these clients shall not be part of the department of human services’ caseload estimated for the semi-21
annual, caseload-estimating conference. The expenditures shall be accounted for separately; 22
(25) To provide access to services to any person under the age of eighteen (18) years, or 23
any person under the age of twenty-one (21) years who began to receive child welfare services 24
from the department prior to attaining eighteen (18) years of age, has continuously received those 25
services thereafter, and elects to continue to receive such services after attaining the age of eighteen 26
(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 27
of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 28
managed system to care for children serviced between 18 to 21 years of age. The department shall 29
manage this caseload to this level of funding; 30
(26) To initiate transition planning in cooperation with the department of behavioral 31
healthcare, developmental disabilities and hospitals and local school departments for any child who 32
receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 33
pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 34
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of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 1
years; the transition planning shall commence at least twelve (12) months prior to the person’s 2
twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 3
the department of behavioral healthcare, developmental disabilities and hospitals and the 4
department of children, youth and families and shall require the approval of the court prior to the 5
dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-6
first birthday; 7
(27) To develop and maintain, in collaboration with other state and private agencies, a 8
comprehensive continuum of care in this state for children in the care and custody of the department 9
or at risk of being in state care. This continuum of care should be family centered and community 10
based with the focus of maintaining children safely within their families or, when a child cannot 11
live at home, within as close proximity to home as possible based on the needs of the child and 12
resource availability. The continuum should include community-based prevention, family support, 13
and crisis-intervention services, as well as a full array of foster care and residential services, 14
including residential services designed to meet the needs of children who are seriously emotionally 15
disturbed, children who have a functional developmental disability, and youth who have juvenile 16
justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 17
care for children in the care and custody of DCYF, taking into account the availability of public 18
and private resources and financial appropriations and the director shall submit an annual report to 19
the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-20
72-4(b)(13); 21
(28) To administer funds under the John H. Chafee Foster Care Independence and 22
Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 23
U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 24
72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the 25
department; and 26
(29) To process nationwide criminal record checks on prospective foster parents and any 27
household member age 18 or older, prospective adoptive parents and any household member age 28
18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 29
special advocates, persons seeking employment in a childcare facility or at the training school for 30
youth or on behalf of any person seeking employment at DCYF, who are required to submit to 31
nationwide criminal background checks as a matter of law. 32
(c) In order to assist in the discharge of his or her duties, the director may request from any 33
agency of the state information pertinent to the affairs and problems of children. 34
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(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 1
(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 2
(f) On or before October 1, 2023, the director shall establish a process for hiring individuals 3
seeking employment at the department as a social caseworker or child protective investigator. The 4
department shall be provided with funding for one full-time employee, or the equivalent, to support 5
the implementation of the hiring process. The process shall be in effect through September 30, 6
2024. 7
(1) Generally, the process shall include, but need not be limited to: 8
(i) Screening and reviewing candidates for eligibility criteria including education and 9
experience; 10
(ii) Administering the requisite civil service examinations; 11
(iii) Conducting in-person interviews; 12
(iv) Determining which applicants will be offered employment; and 13
(v) Determining the order in which employment offers will be given. 14
(2) Specifically, the process shall include, but need not be limited to, the following 15
elements: 16
(i) Eligibility criteria. 17
(A) Candidates must meet the minimum job requirements as defined in the specification 18
with social caseworker IIs and child protective investigators as approved by the department of 19
administration. 20
(ii) Civil service examinations. 21
(A) Examinations shall be offered by the department at least three (3) times per month to 22
individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday 23
and a weeknight option. 24
(B) The director shall determine the process and administration of the exam. The director 25
is not obligated to schedule an examination if there are no current applicants for the position 26
available by the deadline set by the director pursuant to this subsection. 27
(C) If an applicant does not pass the examination, the department shall notify the applicant 28
as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 29
until sixty (60) days have passed from the date said notification was sent. 30
(iii) In-person interviews. 31
(A) Applicants who pass the civil service examination shall be invited to an in-person 32
interview. 33
(B) The interview shall be conducted by at least two (2) current employees of the 34
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department. 1
(I) One of whom shall have a culturally or racially diverse background; and 2
(II) One of whom is currently in a supervisory role over social caseworkers or child 3
protective investigators for at least three (3) years. 4
(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this 5
section does not necessarily require two (2) individuals. One individual may satisfy both 6
requirements. 7
(C) There shall be a good faith effort to accommodate the availability of the applicant and 8
the individuals on the panel when scheduling the interview. 9
(iv) Offering employment. 10
(A) Prior to offering employment, an applicant shall pass both the civil service exam and 11
the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets 12
these criteria. 13
(B) Determining whether an applicant successfully completes the in-person interview shall 14
be based on criteria established by the director. 15
(I) The department of administration shall score the civil service exams and provide a 16
pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams 17
from DCYF. 18
(II) The director may create a method of scoring interviews to provide objectivity and 19
uniformity when assessing applicants. 20
(g) On or before March 15, 2024, the department shall provide an interim report to the 21
senate president and the speaker of the house regarding the hiring process developed and 22
implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 23
to, the following data concerning social caseworkers and child protective investigators at the 24
department: 25
(1) The number of social caseworkers hired using the process developed pursuant to 26
subsection (f) of this section; 27
(2) The number of child protective investigators hired using the process developed pursuant 28
to subsection (f) of this section; 29
(3) The number of terminations or resignations since October 1, 2023; 30
(4) The number of vacancies that existed on October 1, 2023 and the number of vacancies 31
that exist as of the date of the report; and 32
(5) Any identified barriers to hiring that exist in spite of, or because of, the process 33
developed pursuant to subsection (f) of this section. 34
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SECTION 3. This act shall take effect upon passage. 1
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF
ADMINISTRATION -- DEPARTMENT OF CHILDR EN, YOUTH, AND FAMILIES
***
This act would establish a new, temporary process in the department of children, youth and 1
families, for the hiring of social workers and child protective investigators at the department for a 2
one year period commencing on October 1, 2023. 3
This act would take effect upon passage. 4
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