Rhode Island 2025 Regular Session

Rhode Island House Bill H5347 Compare Versions

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

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5	5	2025 -- H 5347
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7	7	LC000582
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
16	16	YOUTH AND FAMILIES
17	17	Introduced By: Representatives Casimiro, Noret, Spears, Donovan, Carson, Morales,
18	18	Roberts, and Shanley
19	19	Date Introduced: February 07, 2025
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	1
25	25	SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 2
26	26	of Children, Youth and Families" is hereby amended to read as follows: 3
27	27	42-72-5. Powers and scope of activities. 4
28	28	(a) The department shall be the principal agency of the state to mobilize the human, 5
29	29	physical, and financial resources available to plan, develop, and evaluate a comprehensive and 6
30	30	integrated statewide program of services designed to ensure the opportunity for children to reach 7
31	31	their full potential. The services shall include prevention, early intervention, outreach, placement, 8
32	32	care and treatment, and after-care programs; provided, however, that the department shall notify 9
33	33	the state police and cooperate with local police departments when it receives and/or investigates a 10
34	34	complaint of sexual assault on a minor and concludes that probable cause exists to support the 11
35	35	allegation(s). The department also shall serve as an advocate for the needs of children. Additionally, 12
36	36	on or before October 1, 2023, the department shall implement the hiring process developed by the 13
37	37	director pursuant to subsection (f) of this section. 14
38	38	(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 15
39	39	authorized and empowered: 16
40	40	(1) To establish those administrative and operational divisions of the department that the 17
41	41	director determines is in the best interests of fulfilling the purposes and duties of this chapter; 18
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45	45	(2) To assign different tasks to staff members that the director determines best suit the 1
46	46	purposes of this chapter; 2
47	47	(3) To establish plans and facilities for emergency treatment, relocation, and physical 3
48	48	custody of abused or neglected children that may include, but are not limited to, 4
49	49	homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 5
50	50	teams, emergency parents, group homes for teenage parents, family centers within existing 6
51	51	community agencies, and counseling services; 7
52	52	(4) To establish, monitor, and evaluate protective services for children including, but not 8
53	53	limited to, purchase of services from private agencies and establishment of a policy and procedure 9
54	54	manual to standardize protective services; 10
55	55	(5) To plan and initiate primary- and secondary-treatment programs for abused and 11
56	56	neglected children; 12
57	57	(6) To evaluate the services of the department and to conduct periodic, comprehensive-13
58	58	needs assessment; 14
59	59	(7) To license, approve, monitor, and evaluate all residential and nonresidential group 15
60	60	homes, foster homes, and programs; 16
61	61	(8) To recruit and coordinate community resources, public and private; 17
62	62	(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 18
63	63	expungement of case records pertaining to matters under the jurisdiction of the department; 19
64	64	(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 20
65	65	provide ongoing staff development for all staff; 21
66	66	(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 22
67	67	chapter 11 of title 40; 23
68	68	(12) To promulgate all rules and regulations necessary for the execution of departmental 24
69	69	powers pursuant to the administrative procedures act, chapter 35 of this title; 25
70	70	(13) To provide and act as a clearinghouse for information, data, and other materials 26
71	71	relative to children; 27
72	72	(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 28
73	73	and statewide problems concerning children; 29
74	74	(15) To represent and act on behalf of the state in connection with federal-grant programs 30
75	75	applicable to programs for children in the functional areas described in this chapter; 31
76	76	(16) To seek, accept, and otherwise take advantage of all federal aid available to the 32
77	77	department, and to assist other agencies of the state, local agencies, and community groups in taking 33
78	78	advantage of all federal grants and subventions available for children; 34
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82	82	(17) To review and coordinate those activities of agencies of the state, and of any political 1
83	83	subdivision of the state, that affect the full and fair utilization of community resources for programs 2
84	84	for children, and initiate programs that will help ensure utilization; 3
85	85	(18) To administer the pilot juvenile-restitution program, including the overseeing and 4
86	86	coordinating of all local community-based restitution programs, and the establishment of 5
87	87	procedures for the processing of payments to children performing community service; 6
88	88	(19) To adopt rules and regulations that: 7
89	89	(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 8
90	90	subsequent twelve-month (12) period, establish specific goals as to the maximum number of 9
91	91	children who will remain in foster care for a period in excess of two (2) years; and 10
92	92	(ii) Are reasonably necessary to implement the child-welfare services and foster-care 11
93	93	programs; 12
94	94	(20) May establish and conduct seminars for the purpose of educating children regarding 13
95	95	sexual abuse; 14
96	96	(21) To establish fee schedules by regulations for the processing of requests from adoption 15
97	97	placement agencies for adoption studies, adoption study updates, and supervision related to 16
98	98	interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 17
99	99	but in no event shall the fee exceed two thousand dollars ($2,000); 18
100	100	(22) To be responsible for the education of all children who are placed, assigned, or 19
101	101	otherwise accommodated for residence by the department in a state-operated or -supported 20
102	102	community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 21
103	103	department is authorized to enroll and pay for the education of students in the public schools or, 22
104	104	when necessary and appropriate, to itself provide education in accordance with the regulations of 23
105	105	the council on elementary and secondary education either directly or through contract; 24
106	106	(23) To develop multidisciplinary service plans, in conjunction with the department of 25
107	107	health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 26
108	108	development of a plan using all healthcare professionals; 27
109	109	(24) To be responsible for the delivery of appropriate mental health services to seriously 28
110	110	emotionally disturbed children and children with functional developmental disabilities. 29
111	111	Appropriate mental health services may include hospitalization, placement in a residential 30
112	112	treatment facility, or treatment in a community-based setting. The department is charged with the 31
113	113	responsibility for developing the public policy and programs related to the needs of seriously 32
114	114	emotionally disturbed children and children with functional developmental disabilities. 33
115	115	In fulfilling its responsibilities the department shall: 34
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119	119	(i) Plan a diversified and comprehensive network of programs and services to meet the 1
120	120	needs of seriously emotionally disturbed children and children with functional developmental 2
121	121	disabilities; 3
122	122	(ii) Provide the overall management and supervision of the state program for seriously 4
123	123	emotionally disturbed children and children with functional developmental disabilities; 5
124	124	(iii) Promote the development of programs for preventing and controlling emotional or 6
125	125	behavioral disorders in children; 7
126	126	(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 8
127	127	seriously emotionally disturbed children and children with functional developmental disabilities 9
128	128	and to work with private agencies serving those children; 10
129	129	(v) Promote the development of new resources for program implementation in providing 11
130	130	services to seriously emotionally disturbed children and children with functional developmental 12
131	131	disabilities. 13
132	132	The department shall adopt rules and regulations that are reasonably necessary to 14
133	133	implement a program of mental health services for seriously emotionally disturbed children. 15
134	134	Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 16
135	135	least in accordance with rules and regulations to be adopted by the department, at least its average 17
136	136	per-pupil cost for special education for the year in which placement commences, as its share of the 18
137	137	cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 19
138	138	section in a residential treatment program that includes the delivery of educational services. 20
139	139	“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 21
140	140	years, or any person under the age of twenty-one (21) years, who began to receive services from 22
141	141	the department prior to attaining eighteen (18) years of age and has continuously received those 23
142	142	services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 24
143	143	under the current edition of the Diagnostic and Statistical Manual and that disability has been 25
144	144	ongoing for one year or more or has the potential of being ongoing for one year or more; and the 26
145	145	child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 27
146	146	risk of placement because of the disability. 28
147	147	A child with a “functional developmental disability” means any person under the age of 29
148	148	eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 30
149	149	services from the department prior to attaining eighteen (18) years of age and has continuously 31
150	150	received those services thereafter. 32
151	151	The term “functional developmental disability” includes autism spectrum disorders and 33
152	152	means a severe, chronic disability of a person that: 34
153	153
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156	156	(A) Is attributable to a mental or physical impairment or combination of mental physical 1
157	157	impairments; 2
158	158	(B) Is manifested before the person attains age eighteen (18); 3
159	159	(C) Is likely to continue indefinitely; 4
160	160	(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 5
161	161	the following areas of major life activity: 6
162	162	(I) Self-care; 7
163	163	(II) Receptive and expressive language; 8
164	164	(III) Learning; 9
165	165	(IV) Mobility; 10
166	166	(V) Self direction; 11
167	167	(VI) Capacity for independent living; and 12
168	168	(VII) Economic self-sufficiency; and 13
169	169	(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 14
170	170	or generic care, treatment, or other services that are of life-long or extended duration and are 15
171	171	individually planned and coordinated. 16
172	172	Funding for these clients shall include funds that are transferred to the department of human 17
173	173	services as part of the managed healthcare program transfer. However, the expenditures relating to 18
174	174	these clients shall not be part of the department of human services’ caseload estimated for the semi-19
175	175	annual, caseload-estimating conference. The expenditures shall be accounted for separately; 20
176	176	(25) To provide access to services to any person under the age of eighteen (18) years, or 21
177	177	any person under the age of twenty-one (21) years who began to receive child welfare services 22
178	178	from the department prior to attaining eighteen (18) years of age, has continuously received those 23
179	179	services thereafter, and elects to continue to receive such services after attaining the age of eighteen 24
180	180	(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 25
181	181	of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 26
182	182	managed system to care for children serviced between 18 to 21 years of age. The department shall 27
183	183	manage this caseload to this level of funding; 28
184	184	(26) To initiate transition planning in cooperation with the department of behavioral 29
185	185	healthcare, developmental disabilities and hospitals and local school departments for any child who 30
186	186	receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 31
187	187	pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 32
188	188	of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 33
189	189	years; the transition planning shall commence at least twelve (12) months prior to the person’s 34
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193	193	twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 1
194	194	the department of behavioral healthcare, developmental disabilities and hospitals and the 2
195	195	department of children, youth and families and shall require the approval of the court prior to the 3
196	196	dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-4
197	197	first birthday; 5
198	198	(27) To develop and maintain, in collaboration with other state and private agencies, a 6
199	199	comprehensive continuum of care in this state for children in the care and custody of the department 7
200	200	or at risk of being in state care. This continuum of care should be family centered and community 8
201	201	based with the focus of maintaining children safely within their families or, when a child cannot 9
202	202	live at home, within as close proximity to home as possible based on the needs of the child and 10
203	203	resource availability. The continuum should include community-based prevention, family support, 11
204	204	and crisis-intervention services, as well as a full array of foster care and residential services, 12
205	205	including residential services designed to meet the needs of children who are seriously emotionally 13
206	206	disturbed, children who have a functional developmental disability, and youth who have juvenile 14
207	207	justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 15
208	208	care for children in the care and custody of DCYF, taking into account the availability of public 16
209	209	and private resources and financial appropriations and the director shall submit an annual report to 17
210	210	the general assembly as to the status of the director's efforts in accordance with the provisions of § 18
211	211	42-72-4(b)(13); 19
212	212	(28) To administer funds under the John H. Chafee Foster Care Independence and 20
213	213	Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 21
214	214	U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 22
215	215	72.8 of this title, in accordance with rules and regulations as promulgated by the director of the 23
216	216	department; and 24
217	217	(29) To process nationwide criminal record checks on prospective foster parents and any 25
218	218	household member age 18 or older, prospective adoptive parents and any household member age 26
219	219	18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 27
220	220	special advocates, persons seeking employment in a childcare facility or at the training school for 28
221	221	youth or on behalf of any person seeking employment at DCYF, who are required to submit to 29
222	222	nationwide criminal background checks as a matter of law. 30
223	223	(c) In order to assist in the discharge of the director's duties, the director may request from 31
224	224	any agency of the state information pertinent to the affairs and problems of children. 32
225	225	(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 33
226	226	(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 34
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230	230	(f) On or before October 1, 2023, the director shall establish a process for hiring individuals 1
231	231	seeking employment at the department as a social caseworker or child protective investigator. The 2
232	232	department shall be provided with funding for one full-time employee, or the equivalent, to support 3
233	233	the implementation of the hiring process. The process shall be in effect through March 15, 2026. 4
234	234	(1) Generally, the process shall include, but need not be limited to: 5
235	235	(i) Screening and reviewing candidates for eligibility criteria including education and 6
236	236	experience; 7
237	237	(ii) Administering the requisite civil service examinations; 8
238	238	(iii) Conducting in-person interviews; 9
239	239	(iv) Determining which applicants will be offered employment; and 10
240	240	(v) Determining the order in which employment offers will be given. 11
241	241	(2) Specifically, the process shall include, but need not be limited to, the following 12
242	242	elements: 13
243	243	(i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in 14
244	244	the specification with social caseworker IIs and child protective investigators as approved by the 15
245	245	department of administration. 16
246	246	(ii) Civil service examinations. 17
247	247	(A) Examinations shall be offered by the department at least three (3) times per month to 18
248	248	individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday, 19
249	249	and a weeknight option. 20
250	250	(B) The director shall determine the process and administration of the exam. The director 21
251	251	is not obligated to schedule an examination if there are no current applicants for the position 22
252	252	available by the deadline set by the director pursuant to this subsection. 23
253	253	(C) If an applicant does not pass the examination, the department shall notify the applicant 24
254	254	as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 25
255	255	until sixty (60) days have passed from the date the notification was sent. 26
256	256	(iii) In-person interviews. 27
257	257	(A) Applicants who pass the civil service examination shall be invited to an in-person 28
258	258	interview. 29
259	259	(B) The interview shall be conducted by at least two (2) current employees of the 30
260	260	department. 31
261	261	(I) One of whom shall have a culturally or racially diverse background; and 32
262	262	(II) One of whom is currently in a supervisory role over social caseworkers or child 33
263	263	protective investigators for at least three (3) years. 34
264	264
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267	267	(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this 1
268	268	section does not necessarily require two (2) individuals. One individual may satisfy both 2
269	269	requirements. 3
270	270	(C) There shall be a good faith effort to accommodate the availability of the applicant and 4
271	271	the individuals on the panel when scheduling the interview. 5
272	272	(iv) Offering employment. 6
273	273	(A) Prior to offering employment, an applicant shall pass both the civil service exam and 7
274	274	the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets 8
275	275	these criteria. 9
276	276	(B) Determining whether an applicant successfully completes the in-person interview shall 10
277	277	be based on criteria established by the director. 11
278	278	(I) The department of administration shall score the civil service exams and provide a 12
279	279	pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams 13
280	280	from DCYF. 14
281	281	(II) The director may create a method of scoring interviews to provide objectivity and 15
282	282	uniformity when assessing applicants. 16
283	283	(g) On or before March 15, 2024, the department shall provide an interim report to the 17
284	284	senate president and the speaker of the house regarding the hiring process developed and 18
285	285	implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 19
286	286	to, the following data concerning social caseworkers and child protective investigators at the 20
287	287	department: 21
288	288	(1) The number of social caseworkers hired using the process developed pursuant to 22
289	289	subsection (f) of this section; 23
290	290	(2) The number of child protective investigators hired using the process developed pursuant 24
291	291	to subsection (f) of this section; 25
292	292	(3) The number of terminations or resignations since October 1, 2023; 26
293	293	(4) The number of vacancies that existed on October 1, 2023, and the number of vacancies 27
294	294	that exist as of the date of the report; and 28
295	295	(5) Any identified barriers to hiring that exist in spite of, or because of, the process 29
296	296	developed pursuant to subsection (f) of this section. 30
297	297	(h) It shall be the public policy of the state that the department treat foster children in foster 31
298	298	care the same as foster children who have been adopted or placed in guardianship for all purposes, 32
299	299	including eligibility for all programs offered pursuant to this chapter, and any extension of 33
300	300	jurisdiction provided by the department including, but not limited to, the extension of care and 34
301	301
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304	304	placement pursuant to § 14-1-6, and any YESS aftercare programs thereunder, any educational 1
305	305	benefits and programs including, but not limited to, the incentive grants pursuant to § 42-72.8-2.1, 2
306	306	and any program or services related to housing, employment, financial literacy, behavioral health, 3
307	307	social services or health coverage. 4
308	308	SECTION 2. This act shall take effect upon passage. 5
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315	315	EXPLANATION
316	316	BY THE LEGISLATIVE COUNCIL
317	317	OF
318	318	A N A C T
319	319	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
320	320	YOUTH AND FAMILIES
321	321	***
322	322	This act would provide that all extended benefits offered by DCYF to foster children shall 1
323	323	be extended to children placed in guardianship. 2
324	324	This act would take effect upon passage. 3
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