Rhode Island 2025 Regular Session

Rhode Island House Bill H5718 Compare Versions

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

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5	5	2025 -- H 5718
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7	7	LC001283
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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 -- THE POWERS AND SCOPE OF ACTIVITIES
17	17	Introduced By: Representatives Casimiro, Cruz, Shallcross Smith, Noret, Donovan,
18	18	Cotter, Roberts, Read, Serpa, and Chippendale
19	19	Date Introduced: February 26, 2025
20	20	Referred To: House State Government & Elections
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 1
25	25	of Children, Youth and Families" is hereby amended to read as follows: 2
26	26	42-72-5. Powers and scope of activities. 3
27	27	(a) The department shall be the principal agency of the state to mobilize the human, 4
28	28	physical, and financial resources available to plan, develop, and evaluate a comprehensive and 5
29	29	integrated statewide program of services designed to ensure the opportunity for children to reach 6
30	30	their full potential, including prevention and interventions for child welfare, children’s behavioral 7
31	31	health, children with disabilities, and youth development/juvenile justice. The services shall include 8
32	32	prevention, early intervention, outreach, placement, care and treatment, and after-care programs; 9
33	33	provided, however, that the department shall notify the state police and cooperate with local police 10
34	34	departments when it receives and/or investigates a complaint of sexual assault on a minor and 11
35	35	concludes that probable cause exists to support the allegation(s). The department shall have primary 12
36	36	responsibility for overseeing and administering behavioral health services for children including, 13
37	37	but not limited to, services for children in DCYF care, children with serious emotional disturbances, 14
38	38	and children with developmental or functional disabilities. This responsibility includes ensuring 15
39	39	the development, oversight, and maintenance of a comprehensive, integrated home and 16
40	40	community-based continuum of care tailored to meet the developmental, emotional, and behavioral 17
41	41	needs of children and families. The department shall ensure that all behavioral health services for 18
42	42
43	43
44	44	LC001283 - Page 2 of 10
45	45	children are delivered through a comprehensive system of care. This system shall be child-centered, 1
46	46	family-driven, and designed to meet the individual needs of children, ensuring that services are 2
47	47	accessible, coordinated, and culturally responsive. The system of care shall include a continuum of 3
48	48	services provided in the least restrictive settings, and emphasize collaboration across child-serving 4
49	49	systems, including health, education, juvenile justice, and family support services. The department 5
50	50	also shall serve as an advocate for the needs of children. Additionally, on or before October 1, 2023, 6
51	51	the department shall implement the hiring process developed by the director pursuant to subsection 7
52	52	(f) of this section. 8
53	53	(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 9
54	54	authorized and empowered: 10
55	55	(1) To establish those administrative and operational divisions of the department that the 11
56	56	director determines is in the best interests of fulfilling the purposes and duties of this chapter; 12
57	57	(2) To assign different tasks to staff members that the director determines best suit the 13
58	58	purposes of this chapter; 14
59	59	(3) To establish plans and facilities for emergency treatment, relocation, and physical 15
60	60	custody of abused or neglected children that may include, but are not limited to, 16
61	61	homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 17
62	62	teams, emergency parents, group homes for teenage parents, family centers within existing 18
63	63	community agencies, and counseling services; 19
64	64	(4) To establish, monitor, and evaluate protective services for children including, but not 20
65	65	limited to, purchase of services from private agencies and establishment of a policy and procedure 21
66	66	manual to standardize protective services; 22
67	67	(5) To plan and initiate primary- and secondary-treatment programs for abused and 23
68	68	neglected children; 24
69	69	(6) To evaluate the services of the department and to conduct periodic, comprehensive-25
70	70	needs assessment; 26
71	71	(7) To license, approve, monitor, and evaluate all residential and nonresidential group 27
72	72	homes, foster homes, and programs; 28
73	73	(8) To recruit and coordinate community resources, public and private; 29
74	74	(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 30
75	75	expungement of case records pertaining to matters under the jurisdiction of the department; 31
76	76	(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 32
77	77	provide ongoing staff development for all staff; 33
78	78	(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 34
79	79
80	80
81	81	LC001283 - Page 3 of 10
82	82	chapter 11 of title 40; 1
83	83	(12) To promulgate all rules and regulations necessary for the execution of departmental 2
84	84	powers pursuant to the administrative procedures act, chapter 35 of this title; 3
85	85	(13) To provide and act as a clearinghouse for information, data, and other materials 4
86	86	relative to children; 5
87	87	(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 6
88	88	and statewide problems concerning children; 7
89	89	(15) To represent and act on behalf of the state in connection with federal-grant programs 8
90	90	applicable to programs for children in the functional areas described in this chapter; 9
91	91	(16) To seek, accept, and otherwise take advantage of all federal aid available to the 10
92	92	department, and to assist other agencies of the state, local agencies, and community groups in taking 11
93	93	advantage of all federal grants and subventions available for children; 12
94	94	(17) To review and coordinate those activities of agencies of the state, and of any political 13
95	95	subdivision of the state, that affect the full and fair utilization of community resources for programs 14
96	96	for children, and initiate programs that will help ensure utilization; 15
97	97	(18) To administer the pilot juvenile-restitution program, including the overseeing and 16
98	98	coordinating of all local community-based restitution programs, and the establishment of 17
99	99	procedures for the processing of payments to children performing community service; 18
100	100	(19) To adopt rules and regulations that: 19
101	101	(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 20
102	102	subsequent twelve-month (12) period, establish specific goals as to the maximum number of 21
103	103	children who will remain in foster care for a period in excess of two (2) years; and 22
104	104	(ii) Are reasonably necessary to implement the child-welfare services and foster-care 23
105	105	programs; 24
106	106	(20) May establish and conduct seminars for the purpose of educating children regarding 25
107	107	sexual abuse; 26
108	108	(21) To establish fee schedules by regulations for the processing of requests from adoption 27
109	109	placement agencies for adoption studies, adoption study updates, and supervision related to 28
110	110	interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 29
111	111	but in no event shall the fee exceed two thousand dollars ($2,000); 30
112	112	(22) To be responsible for the education of all children who are placed, assigned, or 31
113	113	otherwise accommodated for residence by the department in a state-operated or -supported 32
114	114	community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 33
115	115	department is authorized to enroll and pay for the education of students in the public schools or, 34
116	116
117	117
118	118	LC001283 - Page 4 of 10
119	119	when necessary and appropriate, to itself provide education in accordance with the regulations of 1
120	120	the council on elementary and secondary education either directly or through contract; 2
121	121	(23) To develop multidisciplinary service plans, in conjunction with the department of 3
122	122	health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 4
123	123	development of a plan using all healthcare professionals; 5
124	124	(24) To be responsible for the delivery of appropriate mental health services to seriously 6
125	125	emotionally disturbed children and children with functional developmental disabilities. 7
126	126	Appropriate mental health services may include hospitalization, placement in a residential 8
127	127	treatment facility, or treatment in a community-based setting. To be responsible for a system of 9
128	128	care framework for children’s behavioral health services. This framework will ensure that children 10
129	129	and families have access to comprehensive community-based services that are flexible, 11
130	130	coordinated, child centered, trauma-informed and culturally responsive. The system of care shall 12
131	131	emphasize prevention, early intervention strategies, and the provision of behavioral health 13
132	132	treatment in the least restrictive community settings ensuring children and families are involved in 14
133	133	the decision-making and have access to the resources they need to thrive. The department is charged 15
134	134	with the responsibility for developing the public policy and programs related to the needs of 16
135	135	seriously emotionally disturbed children and children with functional developmental disabilities. ; 17
136	136	(25) To ensure access to comprehensive behavioral health services, DCYF shall collaborate 18
137	137	with the state Medicaid agency to ensure adherence to the Early and Periodic Screening, Diagnostic 19
138	138	and Treatment (EPSDT) provisions. 20
139	139	In fulfilling its responsibilities the department shall: 21
140	140	(i) Plan a diversified and comprehensive network of programs and services to meet the 22
141	141	needs of seriously emotionally disturbed children and children with functional developmental 23
142	142	disabilities; 24
143	143	(ii) Provide the overall management and supervision of the state program for seriously 25
144	144	emotionally disturbed children and children with functional developmental disabilities; 26
145	145	(iii) Promote the development of programs for preventing and controlling emotional or 27
146	146	behavioral disorders in children; 28
147	147	(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 29
148	148	seriously emotionally disturbed children and children with functional developmental disabilities 30
149	149	and to work with private agencies serving those children; 31
150	150	(v) Promote the development of new resources for program implementation in providing 32
151	151	services to seriously emotionally disturbed children and children with functional developmental 33
152	152	disabilities. and 34
153	153
154	154
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156	156	(vi) The department shall retain the authority to manage and oversee the delivery of 1
157	157	children's behavioral health services, DCYF will establish a governance structure to ensure 2
158	158	seamless coordination with other state agencies such as the department of health, the department 3
159	159	of human services, the department of behavioral healthcare, developmental disabilities and 4
160	160	hospitals, the executive office of health and human services and the department of education, while 5
161	161	maintaining a child-centered focus in service delivery. 6
162	162	The department shall adopt rules and regulations that are reasonably necessary to 7
163	163	implement a program of mental behavioral health services for seriously emotionally disturbed 8
164	164	children. 9
165	165	Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 10
166	166	least in accordance with rules and regulations to be adopted by the department, at least its average 11
167	167	per-pupil cost for special education for the year in which placement commences, as its share of the 12
168	168	cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 13
169	169	section in a residential treatment program that includes the delivery of educational services. 14
170	170	“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 15
171	171	years, or any person under the age of twenty-one (21) years, who began to receive services from 16
172	172	the department prior to attaining eighteen (18) years of age and has continuously received those 17
173	173	services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 18
174	174	under the current edition of the Diagnostic and Statistical Manual and that disability has been 19
175	175	ongoing for one year or more or has the potential of being ongoing for one year or more; and the 20
176	176	child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 21
177	177	risk of placement because of the disability. 22
178	178	A child with a “functional developmental disability” means any person under the age of 23
179	179	eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 24
180	180	services from the department prior to attaining eighteen (18) years of age and has continuously 25
181	181	received those services thereafter. 26
182	182	The term “functional developmental disability” includes autism spectrum disorders and 27
183	183	means a severe, chronic disability of a person that: 28
184	184	(A) Is attributable to a mental or physical impairment or combination of mental physical 29
185	185	impairments; 30
186	186	(B) Is manifested before the person attains age eighteen (18); 31
187	187	(C) Is likely to continue indefinitely; 32
188	188	(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 33
189	189	the following areas of major life activity: 34
190	190
191	191
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193	193	(I) Self-care; 1
194	194	(II) Receptive and expressive language; 2
195	195	(III) Learning; 3
196	196	(IV) Mobility; 4
197	197	(V) Self direction; 5
198	198	(VI) Capacity for independent living; and 6
199	199	(VII) Economic self-sufficiency; and 7
200	200	(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 8
201	201	or generic care, treatment, or other services that are of life-long or extended duration and are 9
202	202	individually planned and coordinated. 10
203	203	Funding for these clients shall include funds that are transferred to the department of human 11
204	204	services as part of the managed healthcare program transfer. However, the expenditures relating to 12
205	205	these clients shall not be part of the department of human services’ caseload estimated for the semi-13
206	206	annual, caseload-estimating conference. The expenditures shall be accounted for separately; and 14
207	207	(vii) The department shall retain the authority to manage and oversee the delivery of 15
208	208	children's behavioral health services. DCYF will establish a governance structure to ensure 16
209	209	seamless coordination with other state agencies such as the department of health, the department 17
210	210	of human services, the department of behavioral healthcare, developmental disabilities and 18
211	211	hospitals, and the executive office of health and human services and the department of education, 19
212	212	while maintaining a child-centered focus in service delivery. 20
213	213	(25)(26) To provide access to services to any person under the age of eighteen (18) years, 21
214	214	or any person under the age of twenty-one (21) years who began to receive child welfare services 22
215	215	from the department prior to attaining eighteen (18) years of age, has continuously received those 23
216	216	services thereafter, and elects to continue to receive such services after attaining the age of eighteen 24
217	217	(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 25
218	218	of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 26
219	219	managed system to care for children serviced between 18 to 21 years of age. The department shall 27
220	220	manage this caseload to this level of funding; 28
221	221	(26)(27) To initiate transition planning in cooperation with the department of behavioral 29
222	222	healthcare, developmental disabilities and hospitals and local school departments for any child who 30
223	223	receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 31
224	224	pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 32
225	225	of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 33
226	226	years; the transition planning shall commence at least twelve (12) months prior to the person’s 34
227	227
228	228
229	229	LC001283 - Page 7 of 10
230	230	twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 1
231	231	the department of behavioral healthcare, developmental disabilities and hospitals and the 2
232	232	department of children, youth and families and shall require the approval of the court prior to the 3
233	233	dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-4
234	234	first birthday; 5
235	235	(27)(28) To develop and maintain, in collaboration with other state and private agencies, a 6
236	236	comprehensive continuum of care in this state for children in the care and custody of the department 7
237	237	or at risk of being in state care. This continuum of care should be family centered and community 8
238	238	based with the focus of maintaining children safely within their families or, when a child cannot 9
239	239	live at home, within as close proximity to home as possible based on the needs of the child and 10
240	240	resource availability. The continuum should include community-based prevention, family support, 11
241	241	and crisis-intervention services, as well as a full array of foster care and residential services, 12
242	242	including residential services designed to meet the needs of children who are seriously emotionally 13
243	243	disturbed, children who have a functional developmental disability, and youth who have juvenile 14
244	244	justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 15
245	245	care for children in the care and custody of DCYF, taking into account the availability of public 16
246	246	and private resources and financial appropriations and the director shall submit an annual report to 17
247	247	the general assembly as to the status of the director's efforts in accordance with the provisions of § 18
248	248	42-72-4(b)(13); 19
249	249	(28)(29) To administer funds under the John H. Chafee Foster Care Independence and 20
250	250	Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 21
251	251	U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 22
252	252	72.8 of this title, in accordance with rules and regulations as promulgated by the director of the 23
253	253	department; and 24
254	254	(29)(30) To process nationwide criminal record checks on prospective foster parents and 25
255	255	any household member age 18 or older, prospective adoptive parents and any household member 26
256	256	age 18 and older, operators of childcare facilities, persons seeking to act as volunteer court-27
257	257	appointed special advocates, persons seeking employment in a childcare facility or at the training 28
258	258	school for youth or on behalf of any person seeking employment at DCYF, who are required to 29
259	259	submit to nationwide criminal background checks as a matter of law. 30
260	260	(c) In order to assist in the discharge of the director's duties, the director may request from 31
261	261	any agency of the state information pertinent to the affairs and problems of children. 32
262	262	(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 33
263	263	(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 34
264	264
265	265
266	266	LC001283 - Page 8 of 10
267	267	(f) On or before October 1, 2023, the director shall establish a process for hiring individuals 1
268	268	seeking employment at the department as a social caseworker or child protective investigator. The 2
269	269	department shall be provided with funding for one full-time employee, or the equivalent, to support 3
270	270	the implementation of the hiring process. The process shall be in effect through March 15, 2026. 4
271	271	(1) Generally, the process shall include, but need not be limited to: 5
272	272	(i) Screening and reviewing candidates for eligibility criteria including education and 6
273	273	experience; 7
274	274	(ii) Administering the requisite civil service examinations; 8
275	275	(iii) Conducting in-person interviews; 9
276	276	(iv) Determining which applicants will be offered employment; and 10
277	277	(v) Determining the order in which employment offers will be given. 11
278	278	(2) Specifically, the process shall include, but need not be limited to, the following 12
279	279	elements: 13
280	280	(i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in 14
281	281	the specification with social caseworker IIs and child protective investigators as approved by the 15
282	282	department of administration. 16
283	283	(ii) Civil service examinations. 17
284	284	(A) Examinations shall be offered by the department at least three (3) times per month to 18
285	285	individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday, 19
286	286	and a weeknight option. 20
287	287	(B) The director shall determine the process and administration of the exam. The director 21
288	288	is not obligated to schedule an examination if there are no current applicants for the position 22
289	289	available by the deadline set by the director pursuant to this subsection. 23
290	290	(C) If an applicant does not pass the examination, the department shall notify the applicant 24
291	291	as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 25
292	292	until sixty (60) days have passed from the date the notification was sent. 26
293	293	(iii) In-person interviews. 27
294	294	(A) Applicants who pass the civil service examination shall be invited to an in-person 28
295	295	interview. 29
296	296	(B) The interview shall be conducted by at least two (2) current employees of the 30
297	297	department. 31
298	298	(I) One of whom shall have a culturally or racially diverse background; and 32
299	299	(II) One of whom is currently in a supervisory role over social caseworkers or child 33
300	300	protective investigators for at least three (3) years. 34
301	301
302	302
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304	304	(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this 1
305	305	section does not necessarily require two (2) individuals. One individual may satisfy both 2
306	306	requirements. 3
307	307	(C) There shall be a good faith effort to accommodate the availability of the applicant and 4
308	308	the individuals on the panel when scheduling the interview. 5
309	309	(iv) Offering employment. 6
310	310	(A) Prior to offering employment, an applicant shall pass both the civil service exam and 7
311	311	the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets 8
312	312	these criteria. 9
313	313	(B) Determining whether an applicant successfully completes the in-person interview shall 10
314	314	be based on criteria established by the director. 11
315	315	(I) The department of administration shall score the civil service exams and provide a 12
316	316	pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams 13
317	317	from DCYF. 14
318	318	(II) The director may create a method of scoring interviews to provide objectivity and 15
319	319	uniformity when assessing applicants. 16
320	320	(g) On or before March 15, 2024, the department shall provide an interim report to the 17
321	321	senate president and the speaker of the house regarding the hiring process developed and 18
322	322	implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 19
323	323	to, the following data concerning social caseworkers and child protective investigators at the 20
324	324	department: 21
325	325	(1) The number of social caseworkers hired using the process developed pursuant to 22
326	326	subsection (f) of this section; 23
327	327	(2) The number of child protective investigators hired using the process developed pursuant 24
328	328	to subsection (f) of this section; 25
329	329	(3) The number of terminations or resignations since October 1, 2023; 26
330	330	(4) The number of vacancies that existed on October 1, 2023, and the number of vacancies 27
331	331	that exist as of the date of the report; and 28
332	332	(5) Any identified barriers to hiring that exist in spite of, or because of, the process 29
333	333	developed pursuant to subsection (f) of this section. 30
334	334	SECTION 2. This act shall take effect upon passage. 31
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339	339
340	340	LC001283 - Page 10 of 10
341	341	EXPLANATION
342	342	BY THE LEGISLATIVE COUNCIL
343	343	OF
344	344	A N A C T
345	345	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
346	346	YOUTH AND FAMILIES -- THE POWERS AND SCOPE OF ACTIVITIES
347	347	***
348	348	This act would expand the scope and power of the department of children, youth and 1
349	349	families (DCYF) to oversee and administer comprehensive behavioral health services for children 2
350	350	with serious emotional disturbances and children with developmental or functional disabilities. 3
351	351	This act would also require DCYF to create a framework for the children's behavioral health 4
352	352	services that adheres to Medicaid requirements. 5
353	353	This act would take effect upon passage. 6
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355	355	LC001283
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