Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0154 Compare Versions

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

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5	5	2025 -- S 0154
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7	7	LC000218
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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 HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH -
16	16	SERVING WORKERS AND OPERATORS
17	17	Introduced By: Senators Acosta, DiMario, Mack, Valverde, and Murray
18	18	Date Introduced: January 31, 2025
19	19	Referred To: Senate Judiciary
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Section 40-13.2-5 of the General Laws in Chapter 40-13.2 entitled 1
24	24	"Certification of Childcare and Youth-Serving Workers and Operators" is hereby amended to read 2
25	25	as follows: 3
26	26	40-13.2-5. Criminal records check — Employees of child day care, daycare centers, 4
27	27	family daycare homes, group family daycare homes, child-placing agencies and residential 5
28	28	childcare facilities that must be licensed by the department. 6
29	29	(a) Any person seeking employment in a “child day care” program, a “family daycare 7
30	30	home,” “group family daycare home,” or in a “child daycare center” as defined in § 42-12.5-2, if 8
31	31	that employment involves supervisory or disciplinary power over a child or children or involves 9
32	32	routine contact with a child or children without the presence of other employees, or any adult 10
33	33	household member of any operator of a “family daycare home” and “group family daycare home,” 11
34	34	or seeking that employment or to volunteer at the training school for youth, shall, after acceptance 12
35	35	by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal 13
36	36	identification of the state police or the local police department, or the office of the attorney general, 14
37	37	or the department of children, youth and families, for a nationwide criminal records check. The 15
38	38	check will conform to applicable federal standards including the taking of fingerprints to identify 16
39	39	the applicant. Further, any person seeking employment in a “child day care” program, in a “child 17
40	40	daycare center,” and/or in a “child daycare provider” as defined in § 42-12.5-2, if that employment 18
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44	44	involves supervisory or disciplinary power over a child or children or involves routine contact with 1
45	45	a child or children without the presence of other employees shall apply to the bureau of criminal 2
46	46	identification of the state police or the local police department or the office of the attorney general 3
47	47	to conduct all necessary criminal background checks as required by the Child Care and 4
48	48	Development Block Grant of 2014 (CCDBGA), Pub. L. No. 113-186. The criminal record checks 5
49	49	as required by this section shall be conducted for every five (5) years of continuous childcare 6
50	50	employment from the date of the previous criminal background check. 7
51	51	(b) Any person seeking employment in a “child-placing agency” as defined in § 42-72.1-8
52	52	2, if that employment involves supervisory or disciplinary power over a child or children or 9
53	53	involves routine contact with a child or children without the presence of other employees, shall, 10
54	54	after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of 11
55	55	criminal identification of the state police or the local police department, or the office of the attorney 12
56	56	general or the department of children, youth and families, for a nationwide criminal records check. 13
57	57	The check will conform to applicable federal standards including the taking of fingerprints to 14
58	58	identify the applicant. 15
59	59	(c) Any person seeking employment in a “childcaring agency,” “children’s behavioral 16
60	60	health program,” or in a “foster and adoptive home” as defined in § 42-72.1-2, that is, or is required 17
61	61	to be, licensed or registered with the department of children, youth and families, shall, after 18
62	62	acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the bureau of criminal 19
63	63	identification of the state police or the local police department, or the office of the attorney general, 20
64	64	or the department of children, youth and families, for a nationwide criminal records check. The 21
65	65	check will conform to applicable federal standards including the taking of fingerprints to identify 22
66	66	the applicant. 23
67	67	(d) [Deleted by P.L. 2019, ch. 88, art. 3, § 8.] 24
68	68	(e) Upon the discovery of any disqualifying information as defined in accordance with the 25
69	69	rule promulgated by the director, the bureau of criminal identification of the state police or the local 26
70	70	police department or the office of the attorney general or the department of children, youth and 27
71	71	families will inform the applicant, in writing, of the nature of the disqualifying information. In 28
72	72	addition, the bureau of criminal identification of the state police or the office of the attorney general, 29
73	73	or department of children, youth and families, or the local police department will inform the 30
74	74	relevant employer, in writing, without disclosing the nature of the disqualifying information, that 31
75	75	an item of disqualifying information has been discovered. 32
76	76	(f) In those situations in which no disqualifying information has been found, the bureau of 33
77	77	criminal identification of the state police or the local police department or the office of the attorney 34
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81	81	general, or the department of children, youth and families will inform both the applicant and the 1
82	82	employer, in writing, that no disqualifying information has been found. 2
83	83	(g) Failure to show proof that the employer has initiated requests for background checks 3
84	84	required by this section will be prima facie grounds to revoke the license or registration of the 4
85	85	operator of the facility. 5
86	86	(h) It will be the responsibility of the bureau of criminal identification of the state police 6
87	87	or the office of the attorney general, or the every local police department, or the department of 7
88	88	children, youth and families, to conduct the comprehensive nationwide criminal records check 8
89	89	pursuant to this section. The comprehensive nationwide criminal records check will be provided to 9
90	90	the applicant for employment. Any expense associated for providing the criminal records check to 10
91	91	an existing employee shall be paid by the applicant and/or the requesting agency. Effective July 1, 11
92	92	2025, any new applicant, which shall include any person who has submitted an application for 12
93	93	employment to any agency or entity regulated by this section, shall be exempt from the payment 13
94	94	provisions of this section and the nationwide criminal records check shall be conducted at no 14
95	95	charge. 15
96	96	SECTION 2. This act shall take effect upon passage. 16
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103	103	EXPLANATION
104	104	BY THE LEGISLATIVE COUNCIL
105	105	OF
106	106	A N A C T
107	107	RELATING TO HUMAN SERVICES -- CERTIFICATION OF CHILDCARE AND YOUTH-
108	108	SERVING WORKERS AND OPERATORS
109	109	***
110	110	Commencing July 1, 2025, this act would eliminate the provision of this section that 1
111	111	requires new applicants for employment under this section to pay the expense for their criminal 2
112	112	background checks. 3
113	113	This act would take effect upon passage. 4
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