Rhode Island 2023 Regular Session

Rhode Island House Bill H6435 Compare Versions

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

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5	5	2023 -- H 6435
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7	7	LC003025
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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 CHILDR EN,
16	16	YOUTH AND FAMILIES
17	17	Introduced By: Representatives Casimiro, Noret, Casey, and Chippendale
18	18	Date Introduced: May 24, 2023
19	19	Referred To: House Health & Human Services
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 1
24	24	of Children, Youth and Families" is hereby amended to read as follows: 2
25	25	42-72-5. Powers and scope of activities. 3
26	26	(a) The department is the principal agency of the state to mobilize the human, physical, and 4
27	27	financial resources available to plan, develop, and evaluate a comprehensive and integrated 5
28	28	statewide program of services designed to ensure the opportunity for children to reach their full 6
29	29	potential. The services include prevention, early intervention, outreach, placement, care and 7
30	30	treatment, and after-care programs; provided, however, that the department notifies the state police 8
31	31	and cooperates with local police departments when it receives and/or investigates a complaint of 9
32	32	sexual assault on a minor and concludes that probable cause exists to support the allegations(s). 10
33	33	The department also serves as an advocate for the needs of children. 11
34	34	(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 12
35	35	authorized and empowered: 13
36	36	(1) To establish those administrative and operational divisions of the department that the 14
37	37	director determines is in the best interests of fulfilling the purposes and duties of this chapter; 15
38	38	(2) To assign different tasks to staff members that the director determines best suit the 16
39	39	purposes of this chapter; 17
40	40	(3) To establish plans and facilities for emergency treatment, relocation, and physical 18
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44	44	custody of abused or neglected children that may include, but are not limited to, 1
45	45	homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 2
46	46	teams, emergency parents, group homes for teenage parents, family centers within existing 3
47	47	community agencies, and counseling services; 4
48	48	(4) To establish, monitor, and evaluate protective services for children including, but not 5
49	49	limited to, purchase of services from private agencies and establishment of a policy and procedure 6
50	50	manual to standardize protective services; 7
51	51	(5) To plan and initiate primary- and secondary-treatment programs for abused and 8
52	52	neglected children; 9
53	53	(6) To evaluate the services of the department and to conduct periodic, department’s child 10
54	54	welfare, juvenile justice, and children’s behavioral health services by conducting a comprehensive-11
55	55	needs assessment; every two (2) years with the initial assessment to be completed no later than 12
56	56	March 31, 2024. These assessments shall be completed by an in-state academic institution or in-13
57	57	state consulting firm or, if one is not available, by an independent third party. The assessments 14
58	58	shall: 15
59	59	(i) Determine whether the department’s programs and services meet the needs of children 16
60	60	and families in the care of the department; 17
61	61	(ii) Assess client accessibility; and 18
62	62	(iii) Collect data to develop goals and measurable objectives for new and existing programs 19
63	63	and services. 20
64	64	(A) There is hereby established a committee that shall advise the entity conducting the 21
65	65	comprehensive needs assessments. The members of the committee shall consist of the DCYF 22
66	66	director, or designee; no more than seven (7) and no less than three (3) members of the DCYF staff, 23
67	67	appointed by the director; the child advocate, or designee; a representative from Rhode Island Kids 24
68	68	Count; two (2) designees from community provider agencies contracted with DCYF, appointed by 25
69	69	the RI Coalition for Children and Families; a state senator, or designee, appointed by the senate 26
70	70	president; a state representative, or designee, appointed by the speaker of the house; and two (2) 27
71	71	individuals with experience in the Rhode Island child welfare system, one of whom was a youth or 28
72	72	parent (foster, adoptive or birth) formerly involved in the state child welfare system, appointed by 29
73	73	the director. The committee may appoint two (2) additional members by a majority vote of all 30
74	74	members. The committee shall elect a chair from the membership. Committee members shall serve 31
75	75	three (3) year terms and may serve more than one term. The department shall furnish space for the 32
76	76	committee. All committee meetings are subject to chapter 46 of title 42("open meetings"). 33
77	77	(B) The committee shall meet once a month throughout the time a comprehensive needs 34
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81	81	assessment is being conducted, and as needed, to provide advice and guidance to the party or parties 1
82	82	conducting the assessment. 2
83	83	(C) Upon completion of the comprehensive needs assessments, the department shall post 3
84	84	the report on its website and submit the report to the governor, the senate president, the speaker of 4
85	85	the house and the child advocate; 5
86	86	(7) To license, approve, monitor, and evaluate all residential and non-residential group 6
87	87	homes, foster homes, and programs; 7
88	88	(8) To recruit and coordinate community resources, public and private; 8
89	89	(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 9
90	90	expungement of case records pertaining to matters under the jurisdiction of the department; 10
91	91	(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 11
92	92	provide ongoing staff development for all staff; provided, however, all social workers hired after 12
93	93	June 15, 1991, within the department shall have a minimum of a bachelor’s degree in social work 13
94	94	or a closely related field, and must be appointed from a valid, civil-service list; 14
95	95	(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 15
96	96	chapter 11 of title 40; 16
97	97	(12) To promulgate all rules and regulations necessary for the execution of departmental 17
98	98	powers pursuant to the administrative procedures act, chapter 35 of this title; 18
99	99	(13) To provide and act as a clearinghouse for information, data, and other materials 19
100	100	relative to children; 20
101	101	(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 21
102	102	and statewide problems concerning children; 22
103	103	(15) To represent and act on behalf of the state in connection with federal-grant programs 23
104	104	applicable to programs for children in the functional areas described in this chapter; 24
105	105	(16) To seek, accept, and otherwise take advantage of all federal aid available to the 25
106	106	department, and to assist other agencies of the state, local agencies, and community groups in taking 26
107	107	advantage of all federal grants and subventions available for children; 27
108	108	(17) To review and coordinate those activities of agencies of the state, and of any political 28
109	109	subdivision of the state, that affect the full and fair utilization of community resources for programs 29
110	110	for children, and initiate programs that will help ensure utilization; 30
111	111	(18) To administer the pilot, juvenile-restitution program, including the overseeing and 31
112	112	coordinating of all local, community-based restitution programs, and the establishment of 32
113	113	procedures for the processing of payments to children performing community service; 33
114	114	(19) To adopt rules and regulations that: 34
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118	118	(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 1
119	119	subsequent twelve-month (12) period, establish specific goals as to the maximum number of 2
120	120	children who will remain in foster care for a period in excess of two (2) years; and 3
121	121	(ii) Are reasonably necessary to implement the child-welfare services and foster-care 4
122	122	programs; 5
123	123	(20) May establish and conduct seminars for the purpose of educating children regarding 6
124	124	sexual abuse; 7
125	125	(21) To establish fee schedules by regulations for the processing of requests from adoption 8
126	126	placement agencies for adoption studies, adoption study updates, and supervision related to 9
127	127	interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 10
128	128	but in no event shall the fee exceed two thousand dollars ($2,000); 11
129	129	(22) To be responsible for the education of all children who are placed, assigned, or 12
130	130	otherwise accommodated for residence by the department in a state-operated or -supported 13
131	131	community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 14
132	132	department is authorized to enroll and pay for the education of students in the public schools or, 15
133	133	when necessary and appropriate, to itself provide education in accordance with the regulations of 16
134	134	the council on elementary and secondary education either directly or through contract; 17
135	135	(23) To develop multidisciplinary service plans, in conjunction with the department of 18
136	136	health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 19
137	137	development of a plan using all healthcare professionals; 20
138	138	(24) To be responsible for the delivery of appropriate mental health services to seriously 21
139	139	emotionally disturbed children and children with functional developmental disabilities. 22
140	140	Appropriate mental health services may include hospitalization, placement in a residential 23
141	141	treatment facility, or treatment in a community-based setting. The department is charged with the 24
142	142	responsibility for developing the public policy and programs related to the needs of seriously 25
143	143	emotionally disturbed children and children with functional developmental disabilities; 26
144	144	In fulfilling its responsibilities the department shall: 27
145	145	(i) Plan a diversified and comprehensive network of programs and services to meet the 28
146	146	needs of seriously emotionally disturbed children and children with functional developmental 29
147	147	disabilities; 30
148	148	(ii) Provide the overall management and supervision of the state program for seriously 31
149	149	emotionally disturbed children and children with functional developmental disabilities; 32
150	150	(iii) Promote the development of programs for preventing and controlling emotional or 33
151	151	behavioral disorders in children; 34
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155	155	(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 1
156	156	seriously emotionally disturbed children and children with functional developmental disabilities 2
157	157	and to work with private agencies serving those children; 3
158	158	(v) Promote the development of new resources for program implementation in providing 4
159	159	services to seriously emotionally disturbed children and children with functional developmental 5
160	160	disabilities. 6
161	161	(A) Is attributable to a mental or physical impairment or combination of mental physical 7
162	162	impairments; 8
163	163	(B) Is manifested before the person attains age eighteen (18); 9
164	164	(C) Is likely to continue indefinitely; 10
165	165	(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 11
166	166	the following areas of major life activity: 12
167	167	(I) Self-care; 13
168	168	(II) Receptive and expressive language; 14
169	169	(III) Learning; 15
170	170	(IV) Mobility; 16
171	171	(V) Self direction; 17
172	172	(VI) Capacity for independent living; and 18
173	173	(VII) Economic self-sufficiency; and 19
174	174	(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 20
175	175	or generic care, treatment, or other services that are of life-long or extended duration and are 21
176	176	individually planned and coordinated. 22
177	177	The department shall adopt rules and regulations that are reasonably necessary to 23
178	178	implement a program of mental health services for seriously emotionally disturbed children. 24
179	179	Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 25
180	180	least in accordance with rules and regulations to be adopted by the department, at least its average 26
181	181	per-pupil cost for special education for the year in which placement commences, as its share of the 27
182	182	cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 28
183	183	section in a residential treatment program that includes the delivery of educational services. 29
184	184	“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 30
185	185	years, or any person under the age of twenty-one (21) years, who began to receive services from 31
186	186	the department prior to attaining eighteen (18) years of age and has continuously received those 32
187	187	services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 33
188	188	under the current edition of the Diagnostic and Statistical Manual and that disability has been 34
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192	192	ongoing for one year or more or has the potential of being ongoing for one year or more; and the 1
193	193	child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 2
194	194	risk of placement because of the disability. 3
195	195	A child with a “functional developmental disability” means any person under the age of 4
196	196	eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 5
197	197	services from the department prior to attaining eighteen (18) years of age and has continuously 6
198	198	received those services thereafter. 7
199	199	The term “functional developmental disability” includes autism spectrum disorders and 8
200	200	means a severe, chronic disability of a person that: 9
201	201	Funding for these clients shall include funds that are transferred to the department of human 10
202	202	services as part of the managed healthcare program transfer. However, the expenditures relating to 11
203	203	these clients shall not be part of the department of human services’ caseload estimated for the semi-12
204	204	annual, caseload-estimating conference. The expenditures shall be accounted for separately; 13
205	205	(25) To provide access to services to any person under the age of eighteen (18) years, or 14
206	206	any person under the age of twenty-one (21) years who began to receive child welfare services 15
207	207	from the department prior to attaining eighteen (18) years of age, has continuously received those 16
208	208	services thereafter, and elects to continue to receive such services after attaining the age of eighteen 17
209	209	(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 18
210	210	of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 19
211	211	managed system to care for children serviced between 18 to 21 years of age. The department shall 20
212	212	manage this caseload to this level of funding; 21
213	213	(26) To initiate transition planning in cooperation with the department of behavioral 22
214	214	healthcare, developmental disabilities and hospitals and local school departments for any child who 23
215	215	receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 24
216	216	pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 25
217	217	of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 26
218	218	years; the transition planning shall commence at least twelve (12) months prior to the person’s 27
219	219	twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 28
220	220	the department of behavioral healthcare, developmental disabilities and hospitals and the 29
221	221	department of children, youth and families and shall require the approval of the court prior to the 30
222	222	dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-31
223	223	first birthday; 32
224	224	(27) To develop and maintain, in collaboration with other state and private agencies, a 33
225	225	comprehensive continuum of care in this state for children in the care and custody of the department 34
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229	229	or at risk of being in state care. This continuum of care should be family centered and community 1
230	230	based with the focus of maintaining children safely within their families or, when a child cannot 2
231	231	live at home, within as close proximity to home as possible based on the needs of the child and 3
232	232	resource availability. The continuum should include community-based prevention, family support, 4
233	233	and crisis-intervention services, as well as a full array of foster care and residential services, 5
234	234	including residential services designed to meet the needs of children who are seriously emotionally 6
235	235	disturbed, children who have a functional developmental disability, and youth who have juvenile 7
236	236	justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 8
237	237	care for children in the care and custody of DCYF, taking into account the availability of public 9
238	238	and private resources and financial appropriations and the director shall submit an annual report to 10
239	239	the general assembly as to the status of his or her efforts in accordance with the provisions of § 42-11
240	240	72-4(b)(13); 12
241	241	(28) To administer funds under the John H. Chafee Foster Care Independence and 13
242	242	Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 14
243	243	U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 15
244	244	72.8 of title 42, in accordance with rules and regulations as promulgated by the director of the 16
245	245	department; and 17
246	246	(29) To process nationwide criminal record checks on prospective foster parents and any 18
247	247	household member age 18 or older, prospective adoptive parents and any household member age 19
248	248	18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 20
249	249	special advocates, persons seeking employment in a childcare facility or at the training school for 21
250	250	youth or on behalf of any person seeking employment at DCYF, who are required to submit to 22
251	251	nationwide criminal background checks as a matter of law. 23
252	252	(c) In order to assist in the discharge of his or her duties, the director may request from any 24
253	253	agency of the state information pertinent to the affairs and problems of children. 25
254	254	(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 26
255	255	(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 27
256	256	SECTION 2. This act shall take effect upon passage. 28
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263	263	EXPLANATION
264	264	BY THE LEGISLATIVE COUNCIL
265	265	OF
266	266	A N A C T
267	267	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDR EN,
268	268	YOUTH AND FAMILIES
269	269	***
270	270	This act would require the department of children, youth and families (DCYF) to conduct 1
271	271	periodic comprehensive needs assessments to determine whether the department’s programs and 2
272	272	services meet the needs of children and families in the care of the department, assess client 3
273	273	accessibility and collect data to develop goals and measurable objectives for new and existing 4
274	274	programs and services. The act would also create a committee that shall advise the entity conducting 5
275	275	the comprehensive needs assessments. 6
276	276	This act would take effect upon passage. 7
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