2025 -- S 0808
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LC002417
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S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES
Introduced By: Senators DiPalma, Murray, Sosnowski, and DiMario
Date Introduced: March 14, 2025
Referred To: Senate Judiciary
It is enacted by the General Assembly as follows:
1
SECTION 1. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department 2
of Children, Youth and Families" is hereby amended to read as follows: 3
42-72-5. Powers and scope of activities. 4
(a) The department shall be the principal agency of the state to mobilize the human, 5
physical, and financial resources available to plan, develop, and evaluate a comprehensive and 6
integrated statewide program of services designed to ensure the opportunity for children to reach 7
their full potential. The services shall include prevention, early intervention, outreach, placement, 8
care and treatment, and after-care programs; provided, however, that the department shall notify 9
the state police and cooperate with local police departments when it receives and/or investigates a 10
complaint of sexual assault on a minor and concludes that probable cause exists to support the 11
allegation(s). The department also shall serve as an advocate for the needs of children. Additionally, 12
on or before October 1, 2023, the department shall implement the hiring process developed by the 13
director pursuant to subsection (f) of this section. 14
(b) To accomplish the purposes and duties, as set forth in this chapter, the director is 15
authorized and empowered: 16
(1) To establish those administrative and operational divisions of the department that the 17
director determines is in the best interests of fulfilling the purposes and duties of this chapter; 18
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(2) To assign different tasks to staff members that the director determines best suit the 1
purposes of this chapter; 2
(3) To establish plans and facilities for emergency treatment, relocation, and physical 3
custody of abused or neglected children that may include, but are not limited to, 4
homemaker/educator child-case aides, specialized foster-family programs, daycare facilities, crisis 5
teams, emergency parents, group homes for teenage parents, family centers within existing 6
community agencies, and counseling services; 7
(4) To establish, monitor, and evaluate protective services for children including, but not 8
limited to, purchase of services from private agencies and establishment of a policy and procedure 9
manual to standardize protective services; 10
(5) To plan and initiate primary- and secondary-treatment programs for abused and 11
neglected children; 12
(6) To evaluate the services of the department and to conduct periodic, comprehensive-13
needs assessment; 14
(7) To license, approve, monitor, and evaluate all residential and nonresidential group 15
homes, foster homes, and programs; 16
(8) To recruit and coordinate community resources, public and private; 17
(9) To promulgate rules and regulations concerning the confidentiality, disclosure, and 18
expungement of case records pertaining to matters under the jurisdiction of the department; 19
(10) To establish a minimum mandatory level of twenty (20) hours of training per year and 20
provide ongoing staff development for all staff; 21
(11) To establish procedures for reporting suspected child abuse and neglect pursuant to 22
chapter 11 of title 40; 23
(12) To promulgate all rules and regulations necessary for the execution of departmental 24
powers pursuant to the administrative procedures act, chapter 35 of this title; 25
(13) To provide and act as a clearinghouse for information, data, and other materials 26
relative to children; 27
(14) To initiate and carry out studies and analysis that will aid in solving local, regional, 28
and statewide problems concerning children; 29
(15) To represent and act on behalf of the state in connection with federal-grant programs 30
applicable to programs for children in the functional areas described in this chapter; 31
(16) To seek, accept, and otherwise take advantage of all federal aid available to the 32
department, and to assist other agencies of the state, local agencies, and community groups in taking 33
advantage of all federal grants and subventions available for children; 34
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(17) To review and coordinate those activities of agencies of the state, and of any political 1
subdivision of the state, that affect the full and fair utilization of community resources for programs 2
for children, and initiate programs that will help ensure utilization; 3
(18) To administer the pilot juvenile-restitution program, including the overseeing and 4
coordinating of all local community-based restitution programs, and the establishment of 5
procedures for the processing of payments to children performing community service; 6
(19) To adopt rules and regulations that: 7
(i) For the twelve-month (12) period beginning on October 1, 1983, and for each 8
subsequent twelve-month (12) period, establish specific goals as to the maximum number of 9
children who will remain in foster care for a period in excess of two (2) years; and 10
(ii) Are reasonably necessary to implement the child-welfare services and foster-care 11
programs; 12
(20) May establish and conduct seminars for the purpose of educating children regarding 13
sexual abuse; 14
(21) To establish fee schedules by regulations for the processing of requests from adoption 15
placement agencies for adoption studies, adoption study updates, and supervision related to 16
interstate and international adoptions. The fee shall equal the actual cost of the service(s) rendered, 17
but in no event shall the fee exceed two thousand dollars ($2,000); 18
(22) To be responsible for the education of all children who are placed, assigned, or 19
otherwise accommodated for residence by the department in a state-operated or -supported 20
community residence licensed by a Rhode Island state agency. In fulfilling this responsibility, the 21
department is authorized to enroll and pay for the education of students in the public schools or, 22
when necessary and appropriate, to itself provide education in accordance with the regulations of 23
the council on elementary and secondary education either directly or through contract; 24
(23) To develop multidisciplinary service plans, in conjunction with the department of 25
health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the 26
development of a plan using all healthcare professionals; 27
(24) To be responsible for the delivery of appropriate mental health services to seriously 28
emotionally disturbed children and children with functional developmental disabilities. 29
Appropriate mental health services may include hospitalization, placement in a residential 30
treatment facility, or treatment in a community-based setting. The department is charged with the 31
responsibility for developing the public policy and programs related to the needs of seriously 32
emotionally disturbed children and children with functional developmental disabilities. 33
In fulfilling its responsibilities the department shall: 34
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(i) Plan a diversified and comprehensive network of programs and services to meet the 1
needs of seriously emotionally disturbed children and children with functional developmental 2
disabilities; 3
(ii) Provide the overall management and supervision of the state program for seriously 4
emotionally disturbed children and children with functional developmental disabilities; 5
(iii) Promote the development of programs for preventing and controlling emotional or 6
behavioral disorders in children; 7
(iv) Coordinate the efforts of several state departments and agencies to meet the needs of 8
seriously emotionally disturbed children and children with functional developmental disabilities 9
and to work with private agencies serving those children; 10
(v) Promote the development of new resources for program implementation in providing 11
services to seriously emotionally disturbed children and children with functional developmental 12
disabilities. 13
The department shall adopt rules and regulations that are reasonably necessary to 14
implement a program of mental health services for seriously emotionally disturbed children. 15
Each community, as defined in chapter 7 of title 16, shall contribute to the department, at 16
least in accordance with rules and regulations to be adopted by the department, at least its average 17
per-pupil cost for special education for the year in which placement commences, as its share of the 18
cost of educational services furnished to a seriously emotionally disturbed child pursuant to this 19
section in a residential treatment program that includes the delivery of educational services. 20
“Seriously emotionally disturbed child” means any person under the age of eighteen (18) 21
years, or any person under the age of twenty-one (21) years, who began to receive services from 22
the department prior to attaining eighteen (18) years of age and has continuously received those 23
services thereafter; who has been diagnosed as having an emotional, behavioral, or mental disorder 24
under the current edition of the Diagnostic and Statistical Manual and that disability has been 25
ongoing for one year or more or has the potential of being ongoing for one year or more; and the 26
child is in need of multi-agency intervention; and the child is in an out-of-home placement or is at 27
risk of placement because of the disability. 28
A child with a “functional developmental disability” means any person under the age of 29
eighteen (18) years or any person under the age of twenty-one (21) years who began to receive 30
services from the department prior to attaining eighteen (18) years of age and has continuously 31
received those services thereafter. 32
The term “functional developmental disability” includes autism spectrum disorders and 33
means a severe, chronic disability of a person that: 34
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(A) Is attributable to a mental or physical impairment or combination of mental physical 1
impairments; 2
(B) Is manifested before the person attains age eighteen (18); 3
(C) Is likely to continue indefinitely; 4
(D) Results in age-appropriate, substantial, functional limitations in three (3) or more of 5
the following areas of major life activity: 6
(I) Self-care; 7
(II) Receptive and expressive language; 8
(III) Learning; 9
(IV) Mobility; 10
(V) Self direction; 11
(VI) Capacity for independent living; and 12
(VII) Economic self-sufficiency; and 13
(E) Reflects the person’s need for a combination and sequence of special, interdisciplinary, 14
or generic care, treatment, or other services that are of life-long or extended duration and are 15
individually planned and coordinated. 16
Funding for these clients shall include funds that are transferred to the department of human 17
services as part of the managed healthcare program transfer. However, the expenditures relating to 18
these clients shall not be part of the department of human services’ caseload estimated for the semi-19
annual, caseload-estimating conference. The expenditures shall be accounted for separately; 20
(25) To provide access to services to any person under the age of eighteen (18) years, or 21
any person under the age of twenty-one (21) years who began to receive child welfare services 22
from the department prior to attaining eighteen (18) years of age, has continuously received those 23
services thereafter, and elects to continue to receive such services after attaining the age of eighteen 24
(18) years. The general assembly has included funding in the FY 2008 DCYF budget in the amount 25
of $10.5 million from all sources of funds and $6.0 million from general revenues to provide a 26
managed system to care for children serviced between 18 to 21 years of age. The department shall 27
manage this caseload to this level of funding; 28
(26) To initiate transition planning in cooperation with the department of behavioral 29
healthcare, developmental disabilities and hospitals and local school departments for any child who 30
receives services through DCYF; is seriously emotionally disturbed or developmentally delayed 31
pursuant to subsection (b)(24)(v); and whose care may or shall be administered by the department 32
of behavioral healthcare, developmental disabilities and hospitals after the age of twenty-one (21) 33
years; the transition planning shall commence at least twelve (12) months prior to the person’s 34
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twenty-first birthday and shall result in a collaborative plan submitted to the family court by both 1
the department of behavioral healthcare, developmental disabilities and hospitals and the 2
department of children, youth and families and shall require the approval of the court prior to the 3
dismissal of the abuse, neglect, dependency, or miscellaneous petition before the child’s twenty-4
first birthday; 5
(27) To develop and maintain, in collaboration with other state and private agencies, a 6
comprehensive continuum of care in this state for children in the care and custody of the department 7
or at risk of being in state care. This continuum of care should be family centered and community 8
based with the focus of maintaining children safely within their families or, when a child cannot 9
live at home, within as close proximity to home as possible based on the needs of the child and 10
resource availability. The continuum should include community-based prevention, family support, 11
and crisis-intervention services, as well as a full array of foster care and residential services, 12
including residential services designed to meet the needs of children who are seriously emotionally 13
disturbed, children who have a functional developmental disability, and youth who have juvenile 14
justice issues. The director shall make reasonable efforts to provide a comprehensive continuum of 15
care for children in the care and custody of DCYF, taking into account the availability of public 16
and private resources and financial appropriations and the director shall submit an annual report to 17
the general assembly as to the status of the director's efforts in accordance with the provisions of § 18
42-72-4(b)(13); 19
(28) To administer funds under the John H. Chafee Foster Care Independence and 20
Educational and Training Voucher (ETV) Programs of Title IV-E of the Social Security Act [42 21
U.S.C. § 677] and the DCYF higher education opportunity grant program as outlined in chapter 22
72.8 of this title, in accordance with rules and regulations as promulgated by the director of the 23
department; and 24
(29) To process nationwide criminal record checks on prospective foster parents and any 25
household member age 18 or older, prospective adoptive parents and any household member age 26
18 and older, operators of childcare facilities, persons seeking to act as volunteer court-appointed 27
special advocates, persons seeking employment in a childcare facility or at the training school for 28
youth or on behalf of any person seeking employment at DCYF, who are required to submit to 29
nationwide criminal background checks as a matter of law. 30
(c) In order to assist in the discharge of the director's duties, the director may request from 31
any agency of the state information pertinent to the affairs and problems of children. 32
(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 33
(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.] 34
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(f) On or before October 1, 2023, the director shall establish a process for hiring individuals 1
seeking employment at the department as a social caseworker or child protective investigator. The 2
department shall be provided with funding for one full-time employee, or the equivalent, to support 3
the implementation of the hiring process. The process shall be in effect through March 15, 2026. 4
(1) Generally, the process shall include, but need not be limited to: 5
(i) Screening and reviewing candidates for eligibility criteria including education and 6
experience; 7
(ii) Administering the requisite civil service examinations; 8
(iii) Conducting in-person interviews; 9
(iv) Determining which applicants will be offered employment; and 10
(v) Determining the order in which employment offers will be given. 11
(2) Specifically, the process shall include, but need not be limited to, the following 12
elements: 13
(i) Eligibility criteria. Candidates must meet the minimum job requirements as defined in 14
the specification with social caseworker IIs and child protective investigators as approved by the 15
department of administration. 16
(ii) Civil service examinations. 17
(A) Examinations shall be offered by the department at least three (3) times per month to 18
individuals who meet the eligibility criteria and at times that shall include a weekend, a weekday, 19
and a weeknight option. 20
(B) The director shall determine the process and administration of the exam. The director 21
is not obligated to schedule an examination if there are no current applicants for the position 22
available by the deadline set by the director pursuant to this subsection. 23
(C) If an applicant does not pass the examination, the department shall notify the applicant 24
as soon as is practicable. Applicants wishing to re-take the examination are not eligible to do so 25
until sixty (60) days have passed from the date the notification was sent. 26
(iii) In-person interviews. 27
(A) Applicants who pass the civil service examination shall be invited to an in-person 28
interview. 29
(B) The interview shall be conducted by at least two (2) current employees of the 30
department. 31
(I) One of whom shall have a culturally or racially diverse background; and 32
(II) One of whom is currently in a supervisory role over social caseworkers or child 33
protective investigators for at least three (3) years. 34
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(III) Satisfying the requirements of subsections (f)(2)(iii)(B)(I) and (f)(2)(iii)(B)(II) of this 1
section does not necessarily require two (2) individuals. One individual may satisfy both 2
requirements. 3
(C) There shall be a good faith effort to accommodate the availability of the applicant and 4
the individuals on the panel when scheduling the interview. 5
(iv) Offering employment. 6
(A) Prior to offering employment, an applicant shall pass both the civil service exam and 7
the in-person interview. Nothing herein is a guarantee of employment to an applicant who meets 8
these criteria. 9
(B) Determining whether an applicant successfully completes the in-person interview shall 10
be based on criteria established by the director. 11
(I) The department of administration shall score the civil service exams and provide a 12
pass/fail listing of all candidates to DCYF within five (5) business days of receipt of the exams 13
from DCYF. 14
(II) The director may create a method of scoring interviews to provide objectivity and 15
uniformity when assessing applicants. 16
(g) On or before March 15, 2024, the department shall provide an interim report to the 17
senate president and the speaker of the house regarding the hiring process developed and 18
implemented pursuant to subsection (f) of this section. The report shall include, but is not limited 19
to, the following data concerning social caseworkers and child protective investigators at the 20
department: 21
(1) The number of social caseworkers hired using the process developed pursuant to 22
subsection (f) of this section; 23
(2) The number of child protective investigators hired using the process developed pursuant 24
to subsection (f) of this section; 25
(3) The number of terminations or resignations since October 1, 2023; 26
(4) The number of vacancies that existed on October 1, 2023, and the number of vacancies 27
that exist as of the date of the report; and 28
(5) Any identified barriers to hiring that exist in spite of, or because of, the process 29
developed pursuant to subsection (f) of this section. 30
(h) It shall be the public policy of the state that the department treat foster children in foster 31
care the same as foster children who have been adopted or placed in guardianship for all purposes, 32
including eligibility for all programs offered pursuant to this chapter, and any extension of 33
jurisdiction provided by the department including, but not limited to, the extension of care and 34
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placement pursuant to § 14-1-6, and any YESS aftercare programs thereunder, any educational 1
benefits and programs including, but not limited to, the incentive grants pursuant to § 42-72.8-2.1, 2
and any program or services related to housing, employment, financial literacy, behavioral health, 3
social services or health coverage. 4
SECTION 2. This act shall take effect upon passage. 5
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES
***
This act would provide that all extended benefits offered by DCYF to foster children shall 1
be extended to children placed in guardianship. 2
This act would take effect upon passage. 3
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LC002417
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