Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0808 Compare Versions

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

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5	5	2025 -- S 0808
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7	7	LC002417
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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: Senators DiPalma, Murray, Sosnowski, and DiMario
18	18	Date Introduced: March 14, 2025
19	19	Referred To: Senate Judiciary
20	20
21	21
22	22	It is enacted by the General Assembly as follows:
23	23	1
24	24	SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 2
25	25	of Children, Youth and Families" is hereby amended to read as follows: 3
26	26	42-72-5. Powers and scope of activities. 4
27	27	(a) The department shall be the principal agency of the state to mobilize the human, 5
28	28	physical, and financial resources available to plan, develop, and evaluate a comprehensive and 6
29	29	integrated statewide program of services designed to ensure the opportunity for children to reach 7
30	30	their full potential. The services shall include prevention, early intervention, outreach, placement, 8
31	31	care and treatment, and after-care programs; provided, however, that the department shall notify 9
32	32	the state police and cooperate with local police departments when it receives and/or investigates a 10
33	33	complaint of sexual assault on a minor and concludes that probable cause exists to support the 11
34	34	allegation(s). The department also shall serve as an advocate for the needs of children. Additionally, 12
35	35	on or before October 1, 2023, the department shall implement the hiring process developed by the 13
36	36	director pursuant to subsection (f) of this section. 14
37	37	(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 15
38	38	authorized and empowered: 16
39	39	(1) To establish those administrative and operational divisions of the department that the 17
40	40	director determines is in the best interests of fulfilling the purposes and duties of this chapter; 18
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44	44	(2) To assign different tasks to staff members that the director determines best suit the 1
45	45	purposes of this chapter; 2
46	46	(3) To establish plans and facilities for emergency treatment, relocation, and physical 3
47	47	custody of abused or neglected children that may include, but are not limited to, 4
48	48	homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 5
49	49	teams, emergency parents, group homes for teenage parents, family centers within existing 6
50	50	community agencies, and counseling services; 7
51	51	(4) To establish, monitor, and evaluate protective services for children including, but not 8
52	52	limited to, purchase of services from private agencies and establishment of a policy and procedure 9
53	53	manual to standardize protective services; 10
54	54	(5) To plan and initiate primary- and secondary-treatment programs for abused and 11
55	55	neglected children; 12
56	56	(6) To evaluate the services of the department and to conduct periodic, comprehensive-13
57	57	needs assessment; 14
58	58	(7) To license, approve, monitor, and evaluate all residential and nonresidential group 15
59	59	homes, foster homes, and programs; 16
60	60	(8) To recruit and coordinate community resources, public and private; 17
61	61	(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 18
62	62	expungement of case records pertaining to matters under the jurisdiction of the department; 19
63	63	(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 20
64	64	provide ongoing staff development for all staff; 21
65	65	(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 22
66	66	chapter 11 of title 40; 23
67	67	(12) To promulgate all rules and regulations necessary for the execution of departmental 24
68	68	powers pursuant to the administrative procedures act, chapter 35 of this title; 25
69	69	(13) To provide and act as a clearinghouse for information, data, and other materials 26
70	70	relative to children; 27
71	71	(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 28
72	72	and statewide problems concerning children; 29
73	73	(15) To represent and act on behalf of the state in connection with federal-grant programs 30
74	74	applicable to programs for children in the functional areas described in this chapter; 31
75	75	(16) To seek, accept, and otherwise take advantage of all federal aid available to the 32
76	76	department, and to assist other agencies of the state, local agencies, and community groups in taking 33
77	77	advantage of all federal grants and subventions available for children; 34
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81	81	(17) To review and coordinate those activities of agencies of the state, and of any political 1
82	82	subdivision of the state, that affect the full and fair utilization of community resources for programs 2
83	83	for children, and initiate programs that will help ensure utilization; 3
84	84	(18) To administer the pilot juvenile-restitution program, including the overseeing and 4
85	85	coordinating of all local community-based restitution programs, and the establishment of 5
86	86	procedures for the processing of payments to children performing community service; 6
87	87	(19) To adopt rules and regulations that: 7
88	88	(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 8
89	89	subsequent twelve-month (12) period, establish specific goals as to the maximum number of 9
90	90	children who will remain in foster care for a period in excess of two (2) years; and 10
91	91	(ii) Are reasonably necessary to implement the child-welfare services and foster-care 11
92	92	programs; 12
93	93	(20) May establish and conduct seminars for the purpose of educating children regarding 13
94	94	sexual abuse; 14
95	95	(21) To establish fee schedules by regulations for the processing of requests from adoption 15
96	96	placement agencies for adoption studies, adoption study updates, and supervision related to 16
97	97	interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 17
98	98	but in no event shall the fee exceed two thousand dollars ($2,000); 18
99	99	(22) To be responsible for the education of all children who are placed, assigned, or 19
100	100	otherwise accommodated for residence by the department in a state-operated or -supported 20
101	101	community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 21
102	102	department is authorized to enroll and pay for the education of students in the public schools or, 22
103	103	when necessary and appropriate, to itself provide education in accordance with the regulations of 23
104	104	the council on elementary and secondary education either directly or through contract; 24
105	105	(23) To develop multidisciplinary service plans, in conjunction with the department of 25
106	106	health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 26
107	107	development of a plan using all healthcare professionals; 27
108	108	(24) To be responsible for the delivery of appropriate mental health services to seriously 28
109	109	emotionally disturbed children and children with functional developmental disabilities. 29
110	110	Appropriate mental health services may include hospitalization, placement in a residential 30
111	111	treatment facility, or treatment in a community-based setting. The department is charged with the 31
112	112	responsibility for developing the public policy and programs related to the needs of seriously 32
113	113	emotionally disturbed children and children with functional developmental disabilities. 33
114	114	In fulfilling its responsibilities the department shall: 34
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118	118	(i) Plan a diversified and comprehensive network of programs and services to meet the 1
119	119	needs of seriously emotionally disturbed children and children with functional developmental 2
120	120	disabilities; 3
121	121	(ii) Provide the overall management and supervision of the state program for seriously 4
122	122	emotionally disturbed children and children with functional developmental disabilities; 5
123	123	(iii) Promote the development of programs for preventing and controlling emotional or 6
124	124	behavioral disorders in children; 7
125	125	(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 8
126	126	seriously emotionally disturbed children and children with functional developmental disabilities 9
127	127	and to work with private agencies serving those children; 10
128	128	(v) Promote the development of new resources for program implementation in providing 11
129	129	services to seriously emotionally disturbed children and children with functional developmental 12
130	130	disabilities. 13
131	131	The department shall adopt rules and regulations that are reasonably necessary to 14
132	132	implement a program of mental health services for seriously emotionally disturbed children. 15
133	133	Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 16
134	134	least in accordance with rules and regulations to be adopted by the department, at least its average 17
135	135	per-pupil cost for special education for the year in which placement commences, as its share of the 18
136	136	cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 19
137	137	section in a residential treatment program that includes the delivery of educational services. 20
138	138	“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 21
139	139	years, or any person under the age of twenty-one (21) years, who began to receive services from 22
140	140	the department prior to attaining eighteen (18) years of age and has continuously received those 23
141	141	services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 24
142	142	under the current edition of the Diagnostic and Statistical Manual and that disability has been 25
143	143	ongoing for one year or more or has the potential of being ongoing for one year or more; and the 26
144	144	child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 27
145	145	risk of placement because of the disability. 28
146	146	A child with a “functional developmental disability” means any person under the age of 29
147	147	eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 30
148	148	services from the department prior to attaining eighteen (18) years of age and has continuously 31
149	149	received those services thereafter. 32
150	150	The term “functional developmental disability” includes autism spectrum disorders and 33
151	151	means a severe, chronic disability of a person that: 34
152	152
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155	155	(A) Is attributable to a mental or physical impairment or combination of mental physical 1
156	156	impairments; 2
157	157	(B) Is manifested before the person attains age eighteen (18); 3
158	158	(C) Is likely to continue indefinitely; 4
159	159	(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 5
160	160	the following areas of major life activity: 6
161	161	(I) Self-care; 7
162	162	(II) Receptive and expressive language; 8
163	163	(III) Learning; 9
164	164	(IV) Mobility; 10
165	165	(V) Self direction; 11
166	166	(VI) Capacity for independent living; and 12
167	167	(VII) Economic self-sufficiency; and 13
168	168	(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 14
169	169	or generic care, treatment, or other services that are of life-long or extended duration and are 15
170	170	individually planned and coordinated. 16
171	171	Funding for these clients shall include funds that are transferred to the department of human 17
172	172	services as part of the managed healthcare program transfer. However, the expenditures relating to 18
173	173	these clients shall not be part of the department of human services’ caseload estimated for the semi-19
174	174	annual, caseload-estimating conference. The expenditures shall be accounted for separately; 20
175	175	(25) To provide access to services to any person under the age of eighteen (18) years, or 21
176	176	any person under the age of twenty-one (21) years who began to receive child welfare services 22
177	177	from the department prior to attaining eighteen (18) years of age, has continuously received those 23
178	178	services thereafter, and elects to continue to receive such services after attaining the age of eighteen 24
179	179	(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 25
180	180	of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 26
181	181	managed system to care for children serviced between 18 to 21 years of age. The department shall 27
182	182	manage this caseload to this level of funding; 28
183	183	(26) To initiate transition planning in cooperation with the department of behavioral 29
184	184	healthcare, developmental disabilities and hospitals and local school departments for any child who 30
185	185	receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 31
186	186	pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 32
187	187	of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 33
188	188	years; the transition planning shall commence at least twelve (12) months prior to the person’s 34
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192	192	twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 1
193	193	the department of behavioral healthcare, developmental disabilities and hospitals and the 2
194	194	department of children, youth and families and shall require the approval of the court prior to the 3
195	195	dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-4
196	196	first birthday; 5
197	197	(27) To develop and maintain, in collaboration with other state and private agencies, a 6
198	198	comprehensive continuum of care in this state for children in the care and custody of the department 7
199	199	or at risk of being in state care. This continuum of care should be family centered and community 8
200	200	based with the focus of maintaining children safely within their families or, when a child cannot 9
201	201	live at home, within as close proximity to home as possible based on the needs of the child and 10
202	202	resource availability. The continuum should include community-based prevention, family support, 11
203	203	and crisis-intervention services, as well as a full array of foster care and residential services, 12
204	204	including residential services designed to meet the needs of children who are seriously emotionally 13
205	205	disturbed, children who have a functional developmental disability, and youth who have juvenile 14
206	206	justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 15
207	207	care for children in the care and custody of DCYF, taking into account the availability of public 16
208	208	and private resources and financial appropriations and the director shall submit an annual report to 17
209	209	the general assembly as to the status of the director's efforts in accordance with the provisions of § 18
210	210	42-72-4(b)(13); 19
211	211	(28) To administer funds under the John H. Chafee Foster Care Independence and 20
212	212	Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 21
213	213	U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 22
214	214	72.8 of this title, in accordance with rules and regulations as promulgated by the director of the 23
215	215	department; and 24
216	216	(29) To process nationwide criminal record checks on prospective foster parents and any 25
217	217	household member age 18 or older, prospective adoptive parents and any household member age 26
218	218	18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 27
219	219	special advocates, persons seeking employment in a childcare facility or at the training school for 28
220	220	youth or on behalf of any person seeking employment at DCYF, who are required to submit to 29
221	221	nationwide criminal background checks as a matter of law. 30
222	222	(c) In order to assist in the discharge of the director's duties, the director may request from 31
223	223	any agency of the state information pertinent to the affairs and problems of children. 32
224	224	(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 33
225	225	(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 34
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229	229	(f) On or before October 1, 2023, the director shall establish a process for hiring individuals 1
230	230	seeking employment at the department as a social caseworker or child protective investigator. The 2
231	231	department shall be provided with funding for one full-time employee, or the equivalent, to support 3
232	232	the implementation of the hiring process. The process shall be in effect through March 15, 2026. 4
233	233	(1) Generally, the process shall include, but need not be limited to: 5
234	234	(i) Screening and reviewing candidates for eligibility criteria including education and 6
235	235	experience; 7
236	236	(ii) Administering the requisite civil service examinations; 8
237	237	(iii) Conducting in-person interviews; 9
238	238	(iv) Determining which applicants will be offered employment; and 10
239	239	(v) Determining the order in which employment offers will be given. 11
240	240	(2) Specifically, the process shall include, but need not be limited to, the following 12
241	241	elements: 13
242	242	(i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in 14
243	243	the specification with social caseworker IIs and child protective investigators as approved by the 15
244	244	department of administration. 16
245	245	(ii) Civil service examinations. 17
246	246	(A) Examinations shall be offered by the department at least three (3) times per month to 18
247	247	individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday, 19
248	248	and a weeknight option. 20
249	249	(B) The director shall determine the process and administration of the exam. The director 21
250	250	is not obligated to schedule an examination if there are no current applicants for the position 22
251	251	available by the deadline set by the director pursuant to this subsection. 23
252	252	(C) If an applicant does not pass the examination, the department shall notify the applicant 24
253	253	as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 25
254	254	until sixty (60) days have passed from the date the notification was sent. 26
255	255	(iii) In-person interviews. 27
256	256	(A) Applicants who pass the civil service examination shall be invited to an in-person 28
257	257	interview. 29
258	258	(B) The interview shall be conducted by at least two (2) current employees of the 30
259	259	department. 31
260	260	(I) One of whom shall have a culturally or racially diverse background; and 32
261	261	(II) One of whom is currently in a supervisory role over social caseworkers or child 33
262	262	protective investigators for at least three (3) years. 34
263	263
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266	266	(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this 1
267	267	section does not necessarily require two (2) individuals. One individual may satisfy both 2
268	268	requirements. 3
269	269	(C) There shall be a good faith effort to accommodate the availability of the applicant and 4
270	270	the individuals on the panel when scheduling the interview. 5
271	271	(iv) Offering employment. 6
272	272	(A) Prior to offering employment, an applicant shall pass both the civil service exam and 7
273	273	the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets 8
274	274	these criteria. 9
275	275	(B) Determining whether an applicant successfully completes the in-person interview shall 10
276	276	be based on criteria established by the director. 11
277	277	(I) The department of administration shall score the civil service exams and provide a 12
278	278	pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams 13
279	279	from DCYF. 14
280	280	(II) The director may create a method of scoring interviews to provide objectivity and 15
281	281	uniformity when assessing applicants. 16
282	282	(g) On or before March 15, 2024, the department shall provide an interim report to the 17
283	283	senate president and the speaker of the house regarding the hiring process developed and 18
284	284	implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 19
285	285	to, the following data concerning social caseworkers and child protective investigators at the 20
286	286	department: 21
287	287	(1) The number of social caseworkers hired using the process developed pursuant to 22
288	288	subsection (f) of this section; 23
289	289	(2) The number of child protective investigators hired using the process developed pursuant 24
290	290	to subsection (f) of this section; 25
291	291	(3) The number of terminations or resignations since October 1, 2023; 26
292	292	(4) The number of vacancies that existed on October 1, 2023, and the number of vacancies 27
293	293	that exist as of the date of the report; and 28
294	294	(5) Any identified barriers to hiring that exist in spite of, or because of, the process 29
295	295	developed pursuant to subsection (f) of this section. 30
296	296	(h) It shall be the public policy of the state that the department treat foster children in foster 31
297	297	care the same as foster children who have been adopted or placed in guardianship for all purposes, 32
298	298	including eligibility for all programs offered pursuant to this chapter, and any extension of 33
299	299	jurisdiction provided by the department including, but not limited to, the extension of care and 34
300	300
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303	303	placement pursuant to § 14-1-6, and any YESS aftercare programs thereunder, any educational 1
304	304	benefits and programs including, but not limited to, the incentive grants pursuant to § 42-72.8-2.1, 2
305	305	and any program or services related to housing, employment, financial literacy, behavioral health, 3
306	306	social services or health coverage. 4
307	307	SECTION 2. This act shall take effect upon passage. 5
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314	314	EXPLANATION
315	315	BY THE LEGISLATIVE COUNCIL
316	316	OF
317	317	A N A C T
318	318	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
319	319	YOUTH AND FAMILIES
320	320	***
321	321	This act would provide that all extended benefits offered by DCYF to foster children shall 1
322	322	be extended to children placed in guardianship. 2
323	323	This act would take effect upon passage. 3
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