214-RICR-10-00-1
214-RICR-10-00-1. General Administration and Management (version Adoption, 12/27/2018 to 01/04/2022)
1.1 Purpose
A. The Mission of the
Department of Children, Youth and Families (hereinafter the
Department) is to partner with families and communities to raise safe
and healthy children and youth in a caring environment.
B. The Department has a
responsibility to promote, safeguard and protect the social
well-being and development of children of the state through a
comprehensive program which is consistent with R.I. Gen. Laws §
42-72-2.
C. The Department is mandated
by federal and state law and Department policy to make reasonable
efforts to prevent a child's removal from his/her home, to reunify
the child and family and to make and finalize an alternate permanent
placement when the child and family cannot be reunited. The
Department is guided by principles of family-centered, culturally
competent practice and utilizes standardized tools at various points
throughout the Department’s involvement with a family. Family
represents the focus of all work and family members are engaged
through the development and implementation of any plan. The family is
defined broadly and includes biological parents, adoptive families,
extended kinship networks to include fictive kin, foster families,
and legal guardians.
1.2 Authority
These regulations are
promulgated pursuant to the Freedom of Information Act (1996) (5
U.S.C § 552), General Privacy Act (1974) (5 U.S.C § 552a),
R.I. Gen. Laws Chapters 42-72, 42-72.1, R.I. Gen. Laws §§
42-73-8,42-35-6, 42-73-9, 42-73-10, 42-72-8, 40-11-13, 8-10-21,
14-1-5, 14-1-11, 15-7-7, 23-3-23, 40.1-5-26, 40.1-5-27, 40.1-5-29,
38-2-1, and 15-9-3, the Social Security Act (42 U.S.C. §
675(4)(A)), Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
2000d et seq .), Section 504 of the Rehabilitation Act of 1973
as amended (29 U.S.C. § 794), and the Age Discrimination Act of
1975 as amended (42 U.S.C. § 6101 et seq .), Prison Rape
Elimination Act of 2003, Pub. L. No. 108-79.
1.3 Application
The terms and provisions of
these regulations shall be liberally construed to permit the
Department to effectuate the purposes of state law, goals and
policies.
1.4 Severability
If any provision of these
regulations or application thereof to any person or circumstance is
held invalid by a court of competent jurisdiction, the validity of
the remainder of the regulations shall not be affected thereby.
1.5 Definitions
A. “Department”
means the Department of Children, Youth and Families.
B. “RITS” means
the Rhode Island Thomas C. Slater Training School for detained or
adjudicated youth placed at the RITS by order of the Family Court.
C. “Fatality”
means the death of a child in which confirmed child abuse or neglect
is determined to be a contributing factor to the cause of death.
D. “Near fatality”
means that a child was placed in serious or critical condition as the
result of an act of abuse or neglect. The child being placed in
serious or critical condition must be classified by the treating
physician, and reflected in the medical chart. The treating
physician’s determination that the child is in serious or
critical condition is accepted without further assessment by the
Department.
1. “A serious or
critical condition” means that the patient’s vital signs
are unstable and not within normal limits. Patient is acutely ill,
and/or unconscious, and/or has a neurological status changes
requiring medical intervention, because of child abuse or neglect.
1.6 Petition for Adoption of Rules
A. In compliance with R.I.
Gen. Laws § 42-35-6 (Petition for promulgation of rules), any
interested person may petition the Department requesting the
promulgation, amendment, or repeal of any regulation.
B. Individuals requesting the
promulgation, amendment, or repeal of any regulation should address
their concerns in writing to the Office of Practice Standards, Office
of the Director.
C. The request should include:
1. Specific reference to the
policy/procedure section affected;
2. Specific action requested,
i.e. promulgation, amendment, or repeal; and
3. Rationale for request.
D. If the request by the
petitioning party is denied, the Department responds in writing to
the petitioning party within thirty (30) days of the Department's
receipt of the request. The reasons for the denial are included in
the response.
E. If the request is accepted,
the Department ensures that appropriate changes are made. In
accordance with the Administrative Procedures Act (R.I. Gen. Laws §
42-35-4), rule-making proceedings are initiated within thirty (30)
days of receipt of the request.
1.7 Child Abuse and Neglect Registry Check
A. To ensure appropriate
safeguards, state and federal law mandates a check of the
Department’s Child Protective Services (CPS) records for many
individuals, including minors and adults, who provide care to
children and youth. The Department’s Child Abuse and Neglect
Registry Check is also known as a Clearance of Agency Activity.
B. The following individuals
are required to submit to the Child Abuse and Neglect Registry Check:
1. Subjects of reports of
child abuse and/or neglect to CPS;
2. Individuals referred to the
Department for services;
3. Adult members of household
where a child active with the Department resides;
4. Individuals associated with
Department involved families;
5. Relative and non-relative
foster care providers;
6. Adoptive parents;
7. Legal guardians;
8. Respite care providers;
9. Visiting resources;
10. Operators and employees
(who have supervisory/disciplinary authority over and/or routine
contact with children without the presence of others) of:
a. Residential child care
facilities;
b. Non-residential child care
facilities;
c. Child placing agency;
d. Community base programs
required to be licensed or certified by the department.
11. Volunteers at any
Department licensed facility;
12. Department employees,
interns, and volunteers; and
13. Individuals associated
with organizations as determined by the Department.
C. Individuals subject to a
Child Abuse and Neglect Registry Check may also be subject to a
statewide or nationwide criminal record background check and/or an
employment background check and/or a statewide or national sex
offender registry check.
D. The Department will conduct
the Child Abuse and Neglect Registry Check in accordance with
Department Operating Procedure and will assess if a person is
disqualified based on the list of disqualifiers cited in § 1.8.1
of this Part.
1.7.1 Child Abuse and
Neglect Registry Check- Disqualifying Information
A. An applicant, who has been
identified as an indicated perpetrator of a Child Protective Services
(CPS) Investigation with a final finding of an allegation listed
below in §§ 1.8.1(B) and (C) of this Part, is disqualified
from owning or seeking employment in a child care facility, receiving
a license to provide care for a child or serving in any other role
subject to a Department clearance.
B. Indicated Abuse or Neglect
Findings
1. Death
2. Brain Damage/Skull Fracture
3. Subdural Hematoma
4. Internal Injury
5. Malnutrition/Starvation
6. Drug/Alcohol Abuse
7. Sexually Transmitted
Disease
8. Sexual Intercourse
9. Sexual Exploitation
10. Sexual Molestation
11. Failure to Thrive
12. Tying/Close Confinement
13. Emotional Abuse
14. Abandonment
15. Medical Neglect
16. Medical Maltreatment
17. Corporal Punishment
(Institutional)
C. Indicated Abuse Findings
1. Burn/Scalding
2. Poisoning
3. Wound
4. Bone Fracture
5. Excessive/Inappropriate
Discipline
6. Cut/Bruise/Welt
7. Human Bite
8. Sprain/Dislocation
D. In certain situations,
involving incidents with an indicated allegation of Drug/Alcohol
Abuse, Excessive/Inappropriate Discipline, Cut/Bruise/Welt,
Tying/Close Confinement, Abandonment, Medical Neglect, or Corporal
Punishment (Institutional) in which there is no serious physical
injury to a child, there may be an administrative determination that
the individual will not be disqualified from employment or licensing.
E. In instances where CPS
involvement is noted, but not specified above, the applicant is not
automatically disqualified from seeking employment or a license. The
decision to hire remains with the employer. The decision to license
remains with the Department.
1.8 Criminal Record Background
Checks
1.8.1 General Requirements
A. A nationwide criminal
record background check includes the taking of fingerprints. An
individual subject to a criminal record background check may also be
required to undergo an employment background check, and/or a sex
offender check, and/or a child abuse and neglect registry check for
substantiated allegations of child abuse and neglect.
B. Individuals Subject to
Criminal Record Background Check(s)
1. Statewide and nationwide
criminal record background checks are required for prospective:
a. Foster parents and visiting
resources for children receiving Department services and household
members, age eighteen (18) or over.
b. Adoptive parents and
household members age eighteen (18) or over.
c. Legal guardians and
household members age eighteen (18) or over.
d. Owners and operators of:
(1) Residential child care
facility(s);
(2) Child Care Center(s) and
Family Child Care Home(s);
(3) Child Placing Agency(s);
and
(4) Community-based program(s)
required to be licensed or certified by the Department.
e. Applicants for positions
involving supervisory or disciplinary power over or routine contact
with a child(ren) without the presence of other employees, including
any prospective employees, volunteers and consultants of a:
(1) Residential Child Care
Facility;
(2) Child Care Center or
Family Child Care Home;
(3) Child Placing Agency; or
(4) Community-Based Programs
required to be licensed by the Department.
f. Applicants for employment
in any Department position.
g. Volunteers, interns, and
consultants applying for Department positions that involve
supervisory or disciplinary power or routine contact with a
child(ren) without the presence of other employees.
2. Statewide criminal record
background checks are required for prospective:
a. Department volunteers and
consultants applying for positions that do not involve supervisory or
disciplinary power or routine contact with a child(ren) without the
presence of other employees;
b. Volunteers of residential
child care facilities, child care centers, or family child care
centers licensed by the Department;
c. Family child care home
household members, age eighteen (18) or older;
d. Respite care providers; and
e. Members of the Board of
Directors of a child placing agency.
3. Statewide criminal record
background checks may be required for individuals who:
a. Are subjects of reports of
child abuse and/or neglect;
b. Are referred to the
Department for services or are adult household members of individuals
referred to the Department for services; or
c. Have contact with children
receiving services from the Department.
4. An individual who requires
a nationwide criminal record background check is also subject to the
statewide criminal record background check.
1.8.2 Criminal Record
Background Checks – Prospective Foster and Adoptive Parents
A. Statewide and nationwide
criminal record background checks are completed on all prospective
foster and adoptive parents and prospective visiting resources for
children receiving Department services and their household members
over age eighteen (18). All nationwide criminal record background
checks include the taking of fingerprints. A visiting resource is an
individual who agrees to maintain regular contact, which may include
overnight and weekend visitation, with a child in care and is a
prospective foster care resource.
B. Children are not placed in
foster homes pending licensure until all required background checks
are completed.
C. Statewide Criminal Record
Background Check:
1. In the case of a foster or
adoptive home licensed through a child placing agency, it is the
responsibility of the child placing agency to ensure that the
statewide criminal record background check is completed on applicants
and their household members eighteen (18) and over.
2. As part of the re-licensing
process, a statewide criminal record background check is completed
by:
a. Department licensing staff
for foster and adoptive resources licensed through the Department.
b. The child placing agency
staff person for foster and adoptive resources licensed through the
child placing agency.
3. Department staff are
prohibited from providing copies of this information to persons
outside of the Department. Staff refer subjects of a criminal record
background check, who wish copies of clearance results, directly to
the Department of the Attorney General.
D. Nationwide Criminal Record
Background Check
1. The applicant or adult
household member is instructed by the assigned Department or child
placing agency staff to apply to the Bureau of Criminal
Identification of the state police or the local police department for
a nationwide criminal record background check.
a. The applicant is provided
with and instructed to bring to law enforcement agency a Fingerprint
Affidavit. The Fingerprint Affidavit includes the Criminal Record
Background Checks Addendum - Disqualifying Information and informs
the law enforcement agency where to send the results (either to the
Department or the Child Placing Agency).
b. A criminal record
background check is conducted without charge to prospective foster
parents and/or adoptive parents. In the case of prospective adoptive
parents, the Department or the child placing agency conducting the
adoption home study is responsible for all costs relating to the
checks.
2. The Department is provided
with details of criminal convictions in addition to being notified
that there is disqualifying information.
a. If the Department receives
information regarding a history of non-disqualifying criminal
information, this information is reviewed prior to proceeding with
licensing.
b. An applicant with a
conviction of an offense that is not automatically disqualifying may
be denied licensure if it is determined that the conduct of the
applicant impacts upon the fitness and suitability of the applicant
to provide child care.
c. The Department considers
the following factors to make a determination on the suitability of
the caretaker to care for a child:
(1) Type of conviction
(2) Number of convictions
(3) The age of the individual
at the time of the conviction
(4) The length of time that
has elapsed since the last conviction
(5) The relationship between
the crime and the capacity to care for children
(6) Evidence of rehabilitation
(7) Current relationships with
biological children or history of caring for children
3. A child placing agency is
only notified whether or not disqualifying information exists.
4. An individual applying to
be an adoptive parent may not be required to submit to this check if
he/she has undergone a nationwide criminal record background check
for the Department within the eighteen (18) months prior to the date
of application. A letter from the state or local police who completed
the nationwide check verifying the date and results of that check is
acceptable.
E. If disqualifying
information has been discovered, the Department or the child placing
agency immediately notifies the applicant in writing of the denial of
licensure.
F. The notification letter
informs the applicant of the right to appeal in conformance with,
Complaints and Appeals and Criminal Record Background Checks,
Disqualifying Information § 1.9.6 of this Part.
1.8.3 Criminal Record
Background Checks – Prospective Facility Operators and
Employees
A. Statewide and nationwide
criminal record background checks are completed on all prospective
residential child care facility owners and operators, child placing
facility owners and operators, child care center owners and
operators, family child care home operators and owners/operators of
community-based programs requiring Department licensing.
B. The applicant must undergo
a state criminal check for each state the applicant has lived in the
past five (5) years.
C. The applicant must undergo
a Rhode Island state sex offender registry check and a national sex
offender registry check.
D. For a nationwide criminal
record background check, the applicant is instructed to apply to the
Rhode Island Bureau of Criminal Identification.
1. Any expense associated with
the criminal record background check is paid by the applicant and/or
requesting agency.
2. The applicant completes the
Employment History Affidavit and Criminal History Affidavit.
3. The applicant is provided
with and brings to the Rhode Island Bureau of Criminal Identification
the Fingerprint Affidavit. The Fingerprint Affidavit includes the
Criminal Record Background Checks Addendum, Disqualifying
Information.
E. Results of the criminal
record background check, identifying the nature of any disqualifying
information, are sent to the Department.
1. If the Department receives
information regarding a history of non-disqualifying criminal
information:
a. The information is reviewed
prior to proceeding with licensing.
b. An applicant with a
conviction of an offense that is not automatically disqualifying may
be denied licensure if it is determined that the conduct of the
applicant impacts upon the fitness and suitability of the applicant
to provide child care.
c. The Department considers
the following factors to make a determination on the suitability of
the caretaker to care for a child:
(1) Type of conviction
(2) Number of convictions
(3) The age of the individual
at the time of the conviction
(4) The length of time that
has elapsed since the last conviction
(5) The relationship between
the crime and the capacity to care for children
(6) Evidence of rehabilitation
(7) Current relationships with
biological children or history of caring for children
2. If disqualifying
information has been discovered, Department staff immediately notify
the applicant of the denial of licensure.
3. The notification letter
informs the applicant of the right to appeal, if applicable, in
conformance with Complaints and Appeals and Criminal Record
Background Checks, Disqualifying Information § 1.9.6 of this
Part.
F. Employees of residential
child care facilities, child placing facilities, child care centers,
community-based programs requiring Department licensing and of family
child care homes:
1. Family child care home
assistants and individuals providing emergency coverage are subject
to statewide and nationwide criminal record background checks.
2. Family child care home
operator ensures that the applicant completes the Employment History
Affidavit and Criminal History Affidavit and forwards to Department
Licensing.
3. Family child care home
operator instructs the applicant to apply to the Bureau of Criminal
Identification of the state police or the local police department for
a nationwide criminal record background check. The applicant is
provided with, and brings to law enforcement agency, the Fingerprint
Affidavit, which includes the Criminal Record Background Checks -
Addendum, Disqualifying Information and informs the law enforcement
agency where to send results.
4. Results are sent to the
Department, indicating that the applicant does or does not have
disqualifying information.
a. If there is no criminal
history, the Department informs the family child care home operator
that the prospective employee is eligible for employment.
b. If the Department receives
criminal history information that is not automatically disqualifying,
this information is reviewed. An applicant with a conviction of an
offense that is not automatically disqualifying may be denied
licensure if it is determined that the conduct of the applicant
impacts upon the fitness and suitability of the applicant to provide
child care.
c. The Department considers
the following factors to make a determination on the suitability of
the caretaker to care for a child:
(1) Type of conviction
(2) Number of convictions
(3) The age of the individual
at the time of the conviction
(4) The length of time that
has elapsed since the last conviction
(5) The relationship between
the crime and the capacity to care for children
(6) Evidence of rehabilitation
(7) Current relationships with
biological children or history of caring for children
d. If disqualifying
information has been discovered, The Department informs the family
child care home operator that the prospective employee is ineligible
for employment.
e. The applicant/employee is
provided a copy of the notification and informed of his or her right
to appeal if applicable in conformance with, Complaints and Appeals
and Criminal Record Background Checks, Disqualifying Information §
1.9.6 of this Part.
5. As part of re-licensing,
the Department completes a statewide criminal record background check
on family child care home assistants, individuals providing emergency
coverage and adult household members.
G. Employees of residential
child care facilities, child placing facilities, child care centers
and community-based programs requiring Department licensing:
1. Facility operator requires
all persons who are offered employment, volunteers and consultants,
in positions that involve supervisory or disciplinary power over a
child or involve routine contact with a child without the presence of
other employees, to undergo statewide and nationwide criminal record
background checks, statewide and nationwide sex offender registry
check, a Rhode Island Child Protective Services check and a -Child
Protective Service check (also known as Adam Walsh clearance) for
each state the individual has lived in the past five (5) years.
2. The Operator ensures that
the applicant completes the Employment History Affidavit and Criminal
History Affidavit.
3. The Operator instructs the
applicant to apply to the Bureau of Criminal Identification of the
state police or the local police department for a nationwide criminal
record background check. The applicant is provided with, and brings
to law enforcement agency, the Fingerprint Affidavit and informs the
law enforcement agency where to send the results. Results of the
check are sent to the employer, indicating that the applicant does or
does not have disqualifying information.
4. If the facility
administrator hires the employee prior to receiving the results of
the check:
a. The Employment History
Affidavit, Criminal History Affidavit and results of the statewide
criminal record background check, indicating no history of
disqualifying information, must be completed and fingerprints taken
prior to the applicant beginning the job assignment.
b. The applicant ensures that
prior to starting employment, the employer has received written
verification that the nationwide criminal record background check has
been initiated and this documentation is placed in the employee's
personnel file.
c. Until the results of the
check are received by the employer, the employee, volunteer, or
consultant does not have supervisory or disciplinary power over or
routine contact with child(ren) without the presence of others.
d. Within ninety (90) calendar
days of hiring, notice is placed in the personnel file identifying
the results of the criminal background check. If notice is not
received within ninety (90) days, the applicant is relieved of child
caring responsibilities.
5. Upon receipt of
notification that disqualifying information has been discovered, the
facility administrator immediately notifies the applicant that
his/her application is rejected or, if an individual is already
employed, that employment will be terminated in ten (10) working
days.
a. This notification letter
informs the employee of his/her right to appeal in conformance with
Complaints and Appeals and Criminal Record Background Checks,
Disqualifying Information §1.9.6.
b. A copy of this letter is
provided to Department Licensing and to the EOHHS Hearing Officer.
c. Any notifications by the
EOHHS Hearing Officer to the Licensing staff within the context of
the appeal are shared with the facility administrator.
6. Employees, volunteers or
consultants who do not have supervisory or disciplinary power over or
routine contact with children without the presence of others need not
undergo the criminal record background checks.
a. The facility operator
certifies in writing that the individual has no supervisory or
disciplinary power over or routine contact with child(ren).
b. A copy of this
certification is provided to the Department's Licensing staff and
filed in the employee's personnel file.
7. A facility operator's
failure to require the criminal record background check or failure to
maintain the written results of the check or the above referenced
certification on file constitutes grounds to revoke the license of
the operator.
8. As part of re-licensing,
the facility operator is responsible to ensure that a statewide
criminal record background check is completed for each full or part
time employee, and volunteer or consultant who has supervisory or
disciplinary power over or routine contact with child(ren) without
the presence of others.
9. Expungement of the results
of the employee's criminal record background check must be consistent
with the facility's policy on expunging the employee's personnel file
after termination of employment.
H. Prior nationwide criminal
record background checks for employees:
1. An applicant for employment
is not required to submit to fingerprinting if he/she has submitted
to the nationwide criminal record background check eighteen (18)
months prior to the date of application.
2. Employer may request, from
the Bureau of Criminal Identification of the state police or the
local police department or the Attorney General's Office for
employees of residential child care facilities, child placing
facilities, child care centers or community-based programs requiring
Department licensing, a letter indicating if any disqualifying
information was discovered.
3. State or local police
bureau of criminal identification or the Attorney General’s
Office responds by stating if disqualifying information was
discovered (without disclosing the nature of the information) or by
stating that no disqualifying information was discovered.
4. The letter from the state
or local police who completed the nationwide criminal record
background check, which verifies the date and results of that check,
is maintained on file.
1.8.4 Criminal Record
Background Checks – Employees of the Department
A. All prospective employees
of the Department are required to undergo statewide and nationwide
criminal record background checks. The nationwide criminal record
background check includes the taking of fingerprints.
B. All Training School
employees, and all contractors and consultants who do business at or
in any of the components of the Training School, must undergo
criminal background checks and must submit to the following criminal
background checks every fifth (5th) year of their employment or
contractual/consultant relationship with the Training School.
1. Such background checks are
conducted during the anniversary month of the employee’s date
of hire or assignment to the Training School. In the case of
contractors/consultants, such background checks are conducted during
the anniversary month of the start of that individuals work with the
Training School.
2. Five (5)-year criminal
background checks are done using State Bureau of Criminal
Investigation (BCI) checks.
a. For employees covered by
this regulation, failure to submit to these checks may be used as
cause for disciplinary action, up to and including dismissal from
employment with cause.
b. For consultants and
contractors covered by this regulation, failure to submit to these
checks may be used as cause for termination with cause of any and all
agreements for consulting or contracting with the Department, with
the consultant/contractor forfeiting any and all future payments
within their contract for services with the Department.
c. Any criminal information
found in these checks are subject to administrative review and
appropriate disposition.
C. All prospective Department
volunteers, interns and consultants undergo a criminal record
background check(s).
1. A statewide criminal record
background check is required for volunteers, interns, and consultants
when their positions will not involve supervisory or disciplinary
power or routine contact with a child without the presence of other
employees.
2. Statewide and nationwide
criminal record background checks are required for Department
volunteers, interns, and consultants when their positions involve
supervisory or disciplinary power or routine contact with a child
without the presence of other employees.
D. For a nationwide criminal
record background check, the Department instructs applicants to apply
to the Bureau of Criminal Identification of the Department of the
Attorney General, state police or the local police department.
1. The applicant is given a
copy of the Fingerprint Affidavit and must bring this form to the law
enforcement agency.
2. The Fingerprint Affidavit
includes the Criminal Record Checks Addendum, Disqualifying
Information and informs the law enforcement agency where to send
results of the check.
E. Upon receipt of the results
of the criminal record background check, the Department may take
action relative to the applicant’s employment:
1. If there is no criminal
history, the applicant and the Department are informed in writing.
2. If the Department receives
criminal history information that is not automatically disqualifying,
this information is reviewed. An applicant with a conviction of an
offense that is not automatically disqualifying may be denied
employment if it is determined that the conduct of the applicant
could endanger the health or welfare of a child and would be
inconsistent with the purpose and intent of the Department.
a. The Department considers
the following factors to make a determination regarding the
suitability of the applicant for employment at the Department:
(1) Type of conviction
(2) Number of convictions
(3) The age of the applicant
at the time of the conviction
(4) The length of time that
has elapsed since the last conviction
(5) Evidence of rehabilitation
3. Upon the discovery of any
disqualifying information with respect to an applicant, the
Department informs the applicant of the disqualifying information.
4. The notification letter
informs the applicant of the right to appeal in conformance with
Complaints and Appeals and Criminal Record Background Checks,
Disqualifying Information § 1.9.6 of this Part.
F. If the prospective
employee, volunteer, intern, or consultant has undergone a nationwide
criminal records background check within the previous six (6) months
of application for employment, the Department may accept a letter
from the Bureau of Criminal Identification verifying the date and
results of the check.
1.8.5 Appeals of
Denial/Revocation of Licensure or Denial/Termination of Employment
A. If an individual is
disqualified for the conviction for any Level 1 Offense (refer to
Criminal Record Background Checks, Disqualifying Information, §
1.9.6(A) of this Part), that individual has a right to appeal the
denial or revocation of a license or the denial or termination of
employment for the purpose of demonstrating that he or she has not
been convicted for such an offense.
1. Within thirty (30) days of
receipt of an adverse agency decision, the applicant/employee must
inform the Department of his or her intent to appeal by filing a
Formal Request for an Appeal with the Executive Office of Health and
Human Services.
a. The applicant/employee must
attach a copy of his/her disqualifying information report, which
identifies the specific disqualifying offense(s).
b. The applicant/employee
provides evidence that he or she has not been convicted of any Level
1 offense.
2. The Hearing Officer reviews
the materials submitted on behalf of the applicant/employee and
conducts the appeal process and provides a written decision in
accordance with timeframes and procedures established in § 1.10
of this Part, Complaints and Appeals.
B. If an individual is
disqualified for the conviction for any Level 2 Offense (refer to
Criminal Record Background Checks, Disqualifying Information, §
1.9.6(B) of this Part), that individual has a right to appeal the
denial or revocation of a license or the denial or termination of
employment for the purpose of demonstrating his/her long standing
record of excellence in child care or by demonstrating that he or she
has been rehabilitated.
1. An applicant/employee must
inform the Department within thirty (30) days of receipt of an
adverse agency decision, of his/her intent to appeal by filing a
Formal Request for a Hearing.
2. The applicant/employee must
attach a copy of his/her disqualifying information report, which
identifies the specific disqualifying offense(s).
3. The applicant/employee must
provide written references attesting to the applicant’s
long-standing record of excellence in child care. Such references
must be from individuals who are qualified by education or experience
to testify to the abilities of the applicant/ employee. Such
individuals include:
a. Licensed child care
providers;
b. Current or previous child
care professionals;
c. Other professionals with
credentials to effectively judge the applicant's qualifications in
providing child care; or
d. The Department considers
the following factors that may mitigate the Level 2 disqualifying
information/offense by a showing that the individual has successfully
rehabilitated him or herself. Those factors include:
(1) Number of convictions
(2) The age of the individual
at the time of the conviction
(3) The length of time that
has elapsed since the last conviction
(4) The relationship between
the crime and the capacity to care for children
(5) Evidence of rehabilitation
(6) Current relationships with
biological children or history of caring for children
1.8.6 Criminal Record
Background Checks- Disqualifying Information
A. LEVEL 1 OFFENSES
1. If an individual is
disqualified for the conviction for any of the following offenses,
that individual has a right to appeal for the purpose of
demonstrating that he or she has not been convicted for such an
offense.
a. 1st degree Felony Child
Abuse or Neglect
b. 2nd degree Felony Child
Abuse or Neglect
c. Felony Committed Against a
Child
(1) 1st Degree Child
Molestation
(2) 2nd Degree Child
Molestation
(3) Child Pornography
(4) Circulation of obscene
publications and shows
(5) Sale or exhibition to
minor of Indecent publications, pictures or articles
(6) Child nudity in
publication
(7) Transportation for
indecent purposes
(8) Harboring
(9) Sex trafficking
(10) Pandering
(11) Deriving support or
maintenance from prostitution
d. Felony drug offense
committed less than five (5) years ago
e. Felony Involving Violence
(1) Murder
(2) Manslaughter
(3) Rape
(4) 1st degree Sexual Assault
(5) 2nd Degree Sexual Assault
(6) Kidnapping
(7) Car-Jacking
(8) 1st Degree Arson
(9) 2nd Degree Arson
(10) Mayhem
(11) Felony Assault, including
Domestic Violence, committed less than five (5) years ago
(12) Felony Battery committed
less than five (5) years ago
f. Human Trafficking
g. Illegal Possession of a
Firearm less than five (5) years ago
B. LEVEL 2 OFFENSES
1. If an individual is
disqualified for the conviction for any of the following offenses,
that individual has a right to appeal for the purpose of
demonstrating his or her long standing record of excellence in child
care.
a. Felony Assault committed
over five (5) years ago
b. Felony Battery committed
over five (5) years ago
c. Robbery
d. Breaking and Entering
e. Burglary
f. Illegal Possession of a
Firearm over five (5) years ago
g. Misdemeanor Domestic
Assault less than five (5) years ago
h. 3rd Degree Sexual Assault
i. Felony Drug Offense
committed over five (5) years ago
2. If an individual is
disqualified for the conviction for any of the following offenses,
when the offense does not involve a child, that individual has a
right to appeal for the purpose of demonstrating his or her long
standing record of excellence in child care
or by demonstrating that he or she has been rehabilitated
a. Transportation for Indecent
purposes
b. Harboring
c. Pandering
d. Circulation of obscene
publications and shows
1.9 Employment Background Checks:
Facility Operators/Employees and Family Child Care
Operators/Employees
A. In accordance with R.I.
Gen. Laws Chapter 40-13.2, any person seeking to operate a
residential care facility, child care center, family child care home
or community based program which is licensed by the Department
submits an affidavit to the Department providing information relating
to individual employment history including a list of all positions
held within three (3) years prior to application for licensing.
B. R.I. Gen. Laws Chapter
40-13.2 also mandates the person operating a facility which is
licensed or registered with the Department to require all persons
seeking employment in positions which involve supervisory or
disciplinary power over or routine contact with a child(ren) without
the presence of other employees to submit a similar affidavit. This
affidavit must be submitted to the employer prior to employment. The
Department assumes responsibility for ensuring employment background
checks for family child care operators and employees.
1. The facility
operator/Family child Care Operators/Employees completes the
Employment History Affidavit:
a. The facility
operator/Family child Care Operators/Employees identifies place(s) of
employment, address(es), date(s), and supervisor(s) for the past
thirty- six (36) months. Employment includes part-time, full-time,
and/or volunteer.
b. If the facility
operator/Family child Care Operators/Employees has not been
continuously employed for the past thirty- six (36) months, he/she
completes the affidavit stating that he/she has not been employed and
notes the dates he/she was unemployed.
c. Licensing staff verifies
employment information listed on the Employment History Affidavit for
a period of twelve (12) months prior to application.
d. The employment information
received is one of the factors utilized when making a determination
for licensing.
C. The facility
operator/Family child Care Operators/Employees ensures that all
prospective, full or part-time staff, volunteers or consultants, who
have supervisory or disciplinary power over or routine contact with
child(ren) without the presence of other employees complete and
submit an Employment History Affidavit. Full or part time positions
which require Employment History Affidavit prospectively include but
are not limited to:
1. Child care workers;
2. Child care supervisors;
3. Maintenance,
transportation, kitchen, clerical workers;
4. Counselors, therapists,
social workers, clinicians;
5. Teachers, aides,
principals;
6. Administrators,
coordinators, directors; and
7. Volunteers or consultants.
D. The facility
operator/Family child Care Operators/Employees ensures that
prospective employees, volunteers and consultants (as described in §
1.10(C) of this Part) complete the Employment History Affidavit (Form
#108):
1. The prospective employee,
volunteer or consultant identifies place(s) of employment,
address(es), date(s), and supervisor(s) for the past thirty-six (36)
months. Employment includes part-time, full-time, and/or volunteer.
2. If the prospective
employee, volunteer or consultant has not been continuously employed
for the past thirty-six (36) months, he/she completes the affidavit
stating that he/she has not been employed and notes the dates he/she
was unemployed.
3. The facility operator
verifies employment information listed on the Employment History
Affidavit for a period of twelve (12) months prior to application.
4. The employment information
received is one of the factors utilized when making a determination
for hiring.
5. The facility operator
places the Employment History Affidavit and the written response in
the personnel file immediately upon receipt. This information is a
permanent part of the personnel file.
E. The facility
operator's/Family child Care Operators'/Employees' failure to require
the employment background check or failure to maintain the Employment
History Affidavit and the written verification on file constitutes
grounds to revoke the license of the operator.
1.10 Complaints and Appeals
A. The Department has a
responsibility to inform all persons receiving services or persons
seeking to receive services, licensees or prospective licensees and
any person “indicated” as a result of a child abuse
and/or neglect investigation of the right to an agency appeal to the
Executive Office of Health and Human Services (EOHHS) Hearing Officer
or, if they are not satisfied with the agency decision, of their
subsequent right of appeal to the appropriate judicial forum.
B. An attempt should be made
to resolve complaints at the level where the decision was made
through a discussion with the staff who made the decision and/or the
staff’s supervisor or administrator prior to filing a formal
appeal with EOHHS. The EOHHS Hearing Officer provides an opportunity
for any of the above named in § 1.11(A) of this Part to be heard
through a formal procedure for review of any Department decision when
efforts at informal resolution with the Department have not been
successful.
C. A complaint is any oral or
written request for remedy made to a Department staff person in the
field or office or to supervisory or administrative staff, concerning
the administration of Department policies and programs, in which the
legal rights, duties, or privileges of a specific person are required
by law to be determined by the Department. Such complaints may
include but are not limited to:
1. Visitation;
2. Placement or removal of
children from foster homes;
3. Disagreement in case
planning;
4. Claims of discrimination
based on age, handicap, sex, race, religion, national origin, or
color;
5. Licensing Issues;
6. Certification issues; or
7. Indicated child abuse or
neglect findings.
1.11 Confidentiality
A. The Department keeps
confidential all information received from and/or about persons with
whom the Department is currently and/or was previously involved or
otherwise has knowledge.
1. Access to such information
is governed by various state and federal laws and regulations and by
Department policy.
2. Access is limited to
authorized individuals and/or agencies/institutions, both public and
private, on a need and a right to know basis.
B. Unauthorized disclosure of
confidential information could result in a fine and/or imprisonment
as prescribed by state and federal laws and/or other administrative
sanctions as prescribed by the Department.
1.11.1 Access to
Information Contained in Department Service Records
A. Department service records
include all hardcopy and electronic records originating in Child
Protective Services, Family Services, and Juvenile Corrections
including Probation and the Rhode Island Training School.
B. Such information is
maintained in secure, confidential files and includes all case
recordings, correspondence, placement information, Family Court or
other legal documentation, medical, scholastic and other evaluative
material, and/or any other information generated and maintained by
the Department or its agents or received from other sources.
C. Access to information
contained in these service records must be preceded by a properly
completed release of confidential information or by order from a
court.
D. Release of confidential
information by Department personnel is limited to only that
information which was specifically generated by the Department or its
agents. Confidential information contained in Departmental files
which was requested and/or received from other sources (such as
psychiatric/psychological evaluations, school records) remains the
property of the originating source and can only be released by that
source, with the express written or verbal permission of that source.
E. The following individuals
or agencies can obtain certain confidential information from
Departmental records with the consent of the Director or his/her
designee:
1. Media/press;
2. Persons authorized to
perform audits or bona fide research;
3. Legislators or other public
officials;
4. Law enforcement officers;
5. Employees of the Department
of Children, Youth, and Families if needed in the performance of
their duties;
6. Educational surrogate
parent/advocates if the information relates to educational matters;
7. Juvenile prosecutor if the
information specifically relates to the offense with which the child
has been charged;
8. CASA attorneys and
volunteers;
9. Foster parents/child care
providers if the information specifically relates to educational,
medical, specific personal characteristics, and/or involvement in the
juvenile justice system; and
10. Other individuals or
agencies deemed solely by the Director to have a need and a right to
know such information.
F. Requests for confidential
information from certain individuals noted above are responded to by
the proper staff person on a need and right to know basis:
1. Audit/research requests are
made in writing and presented to the Director or his/her
administrative designee for approval.
2. Media/press requests are
directed to the Chief of Staff, the Director, or designee.
3. Requests from legislators
or other public officials, unless otherwise authorized by the
Director or his/her designee, are responded to only upon the receipt
of a valid confidential release.
4. The Department can release
all abuse/neglect reports on an individual or family contained on the
Call Floor to law enforcement officers if such officers are
investigating a report of known or suspected child abuse or neglect.
1.11.2 Access to Restricted
Information
A. Access to certain
information, due to its particularly sensitive nature, is restricted
by law even with a properly completed release of confidential
information. Such information can only be disclosed to the court by
means of a subpoena or other valid court order or to select others as
specified by law. Any disclosure of restricted information must first
be approved by the Department’s Legal Counsel.
B. Restricted information
includes:
1. Termination of Parental
Rights/Adoption Material
a. Information includes:
(1) Identifying data regarding
the child’s family of origin such as name of parent(s), name of
sibling(s), previous known addresses, etc.);
(2) Identifying data regarding
the adoptive family (such as names, addresses, etc.);
(3) Placement/social material
subsequent to termination of parental rights; and
(4) Specific medical,
psychological, psychiatric, scholastic, or other information.
2. Reporter/Source information
and/or information provided by confidential sources.
3. Juvenile
Arrest/Conviction/Detention Material
a. Information includes:
(1) Copies of police reports
and/or petitions charging a child with a criminal offense;
(2) Copies and/or summaries of
records of the Court involving the disposition of criminal charges
against a child; and
(3) Records of any juvenile
detention facility where a child was admitted/remanded due to alleged
and/or proven criminal activity.
4. Mental Health Records
a. Information includes:
(1) Psychiatric/psychological
records and/or reports, including diagnostic, evaluative, and/or
treatment material, regarding a child remanded to a juvenile
correctional facility;
(2) Psychiatric/psychological
records and/or reports including diagnostic, evaluative, and/or
treatment material of children referred to the Department for the
purpose of Children’s Mental Health Programs, Mental Health
Services for Children and Youth screening and/or other services; and
(3) Any other
diagnostic/evaluative/treatment records and/or reports, in patient or
out patient, to which the Department has access or the Department
maintains.
1.11.3 Access to
Information Contained in Licensing Records
A. Records maintained by the
Licensing and Placement Units contain background information and
other documentation regarding the licensing of foster/day care homes
and facilities as well as documentation in support of requests for
placement of children.
B. As mandated for most other
records maintained by the Department, access to information contained
in these records is limited to specific individuals or agencies who
have a need and a right to know such information.
1.11.4 Confidential
Information Requests Received Through Masterfile
A. The following professionals
have limited access over the telephone to specific information
contained in Masterfile:
1. Other state employees
(social work, supervisory, and administrative staff of DHS, BHDDH,
etc.);
2. School Department/Headstart
(Student Relations/Social Services, Administration, Principals);
3. Physicians/Hospitals/Clinics
(Social Services, Administration, Clinical Staff);
4. Visiting Nurse Association;
5. Mental Health Professionals
(Counselors, Psychologists, Psychiatrists, Administration);
6. Comprehensive Emergency
Services (Service Staff, Administration);
7. Police (City and State);
8. Family Court (including
CASA);
9. Office of the Child
Advocate; and
10. Department Vendors (foster
parents, group home staff, etc. limited to children presently in
their care).
B. The above-named
professionals may be given limited verbal information provided their
identity is properly verified prior to release and it has been
clearly established that they have a need and a right to know such
information.
1. Masterfile employees may
then only verify that the Department is currently involved and
provide the name and phone number of the assigned worker and
supervisor or they may verify that the Department is not currently
active.
2. No information about
previous Department activity or other case related information may be
provided by Masterfile employees over the telephone.
3. Any of these professionals
who request additional information about a currently active case are
referred to the assigned worker or supervisor by Masterfile
employees.
4. If they request information
about a closed case, Masterfile employees will, without confirming or
denying Department activity, instruct them to send a written request
with a signed confidential release to Information Systems, Division
of Management and Budgeting.
5. All others who call through
Masterfile seeking information (such as clients, attorneys,
relatives) are informed that such information is confidential and
cannot be released over the telephone.
6. If the caller insists on
pursuing such information, Masterfile employees may, without
confirming or denying Department activity or guaranteeing results,
instruct the caller to send a written request to Information Systems,
Division of Management and Budgeting and/or leave their name,
address, telephone number, and information sought.
1.11.5 Child Fatality and
Near Fatality Public Disclosures
A. Under most circumstances,
information from child abuse and neglect records may not be disclosed
to the public. However, if requested, some disclosure of information
is permitted in cases in which abuse or neglect of the child has
resulted in a child fatality or near fatality.
B. The information that must
be disclosed if requested, in compliance with federal law, includes
the following:
1. The child’s age and
gender;
2. The cause of the fatality
or near fatality if it has been determined;
3. The date of the fatality or
near fatality;
4. The alleged offender’s
relationship with the child;
5. A summary of any previous
child maltreatment reports and investigations;
6. A description of any past
or current services offered or provided by the Department; and
7. In the case of a fatality,
the name of the child.
C. The Department Director or
his or her designee discloses all investigative findings to the
Office of the Child Advocate within five (5) business days of the
completed investigation when there is a substantiated finding of
child abuse or neglect that resulted in a child fatality or near
fatality.
1.12 Child Support Enforcement
A. The Department is obligated
to pay for the support and maintenance of a child in any placement
whether public or private or under a purchase of services agreement.
Parental responsibility is not eliminated by the voluntary or
involuntary placement of a child outside his/her home and family.
Whenever the Department pays for the support of a child in the care
of the Department, the parents of the child are responsible to
contribute to the cost of the child’s care. The failure or
refusal of a parent to comply with a Family Court order for child
support does not result in a denial of services to the child.
B. The Department shall make
referrals for child support enforcement to the Department of Human
Services Office of Child Support Services (OCSS).
C. The OCSS, in accordance
with the provisions of R.I. Gen. Laws § 15-9-3, represents the
Department in any Family Court proceedings relating to child support
enforcement. The responsibilities of the respective Departments and
of the Rhode Island Family Court are set forth in an Interagency
Cooperative Agreement executed by and between the Family Court, the
Department of Administration and the Department of Children, Youth
and Families.
D. One or both parents, owing
a duty of support, are ordered by the Family Court to pay an amount
based upon a formula and guidelines adopted by an administrative
order of the Family Court. The formula and guidelines have been
established in compliance with federal law, which provide that each
state establishes guidelines for child support award amounts. The
intent is to maintain family responsibility and commitment to the
child by using guidelines which are fair and equitable and which will
not result in family impoverishment or conflict with the goal of
reunification of the family. Once established, the obligation remains
in effect until the child leaves the Department paid placement or
until a change in circumstance warrants an adjustment in the
application of the guidelines.
1.13 Request for a Change of
Worker
A. Cases are assigned
according to the needs and geographical location of the family and
assignment is made in accordance with caseload agreements.
B. The case reassignment of
Department staff is rare and only occurs when it is apparent that the
worker/client relationship is an impediment to the achievement of the
case plan goal and it is in the best interests of the child.
C. It is the responsibility of
the Department to inform all prospective clients, persons receiving
service, and service providers of the right to an appeal and, if
there is dissatisfaction with the decision, of the subsequent right
of appeal to the Family Court.
1.14 Nondiscrimination
A. The Department ensures
nondiscrimination and equal opportunity to all persons.
B. Each program or activity
for which the Department receives federal financial assistance is
operated in accordance with this section. No individual, on the
grounds of race, color, national origin, age, handicap (including
impaired vision or hearing), sex, sexual orientation, religious
belief, or political belief, is excluded from participation in,
denied the benefits of, or subjected to discrimination under any of
the Department's programs or activities. The prohibition against
discriminatory practices extends also to services purchased or
obtained by the Department for other agencies, organizations, and
institutions; for the beneficiaries of the program; and for the
treatment of clients in facilities in which such services are
provided.
C. The Department strictly
prohibits discrimination on the basis of actual or perceived race,
color, religion, ancestry, national origin, age, gender, sexual
orientation, gender identity or expression, socioeconomic status or
disability or by association with an individual or group who has or
is perceived to have one or more of such characteristics.
D. The Department requires
staff and service providers to respect the dignity of lesbian, gay,
bisexual, transgender, queer, questioning and intersex (hereinafter,
LGBTQQI) youth. The Department, its staff, providers, interns and/or
volunteers offer services and interventions to youth without regard
to actual or perceived sexual orientation, gender identity or
expression. LGBTQQI youth receive fair and equal treatment in a
professional and confidential manner based on Department policy,
state and federal law and regulation and principles of sound
professional practice, including culturally competent mental health
and medical care. LGBTQQI youth are protected from verbal, physical
and/or sexual harassment or assault based on actual or perceived
sexual orientation, gender identity or expression.
1.14.1 Grievance Procedures
A. An individual who wishes to
allege discrimination has several options, one or more of which may
be pursued simultaneously:
1. File a complaint with the
Department;
2. File a complaint with the
State Equal Opportunity Office;
3. File a complaint with the
Rhode Island Commission for Human Rights;
4. Appeal an Agency Decision
to the EOHHS Hearing Officer. He/she may raise civil rights issues
through the Administrative Hearing Process;
5. File a complaint with
office of the appropriate federal funding agency; and
6. File a lawsuit alleging
civil rights violations in State or Federal Court.
1.15 Department
Funded Mental Health Services
The Department provides for
community mental health services for eligible children and youth, in
accordance with the Department of Children, Youth and Families
Guidance for DCYF Funded Medicaid Services.
1.16 Family Care Community
Partnership (FCCP) Referral
A. The Department promotes,
safeguards and protects the overall well-being of culturally diverse
children, youth and families and the communities in which they live
through a partnership with families, communities and government. The
Family Care Community Partnership (FCCP) assists the Department by
implementing a wraparound approach at the community level for
families that are referred for service.
B. The FCCP delivers family
supports and services for children, youth and families who are at
risk for involvement or, in specified situations, are involved with
the Department.
C. Each of the following three
populations of children and families is eligible to access services
and supports through the FCCP.
1. Families at risk for
Department involvement through investigations identifying issues of
child abuse, neglect and/or dependency.
2. Families who have received
FCCP services and then open to the Department with legal status if
the child or children remain home and receive services and if
referred by the Department and deemed in the best interest of the
family in the sole discretion of the Department.
3. Children, birth to age
eighteen (18) years old, who meet criteria for having a serious
emotional disturbance (SED) or a diagnosis based on the current
edition of the DSM/DC: 0-3.
4. Children and youth
experiencing mental health and behavioral health issues or concerns.
5. Youth in the community at
risk of becoming involved with the Juvenile Justice system including
Youth Diversionary Program and Wayward and Disobedient youth.
6. Youth concluding sentence
to the Rhode Island Training School (RITS) who agree to participate,
including youth leaving the RITS and youth leaving temporary
community placement.
D. The following factors are
considered prior to making an FCCP referral:
1. History of case;
2. Similarity of the indicated
instances of child abuse, neglect or maltreatment;
3. Progress in addressing the
identified issue/in working with community resources, including the
FCCP, since the last indication/case opening/removal of a child from
home;
4. Protective capacity of the
family;
5. Motivation to change;
6. Admission of the presenting
issue; and
7. Presence of repeated
instances of domestic violence, mental health needs and/or substance
abuse needs/relapse.
E. If the caregiver refuses to
cooperate with the FCCP and/or does not demonstrate protective
capacity, the case is not referred to the FCCP. The Department may:
1. Seek a straight petition if
the child can be maintained at home with a safety plan or
2. Seek an ex parte if the
child cannot be maintained safely in the home.
1.16.1 Client Rights and
Grievances Procedures
A. The FCCP Lead will have
client rights and grievance procedures in place that ensure that the
rights of every client are honored and respected in regard to the
client’s personal well-being and the provision of services.
1. The client will be informed
of client rights and grievances procedures verbally and in writing in
a language that the client can understand.
2. If the client does not
speak English, a bi-lingual staff person or an interpreter who can
effectively and appropriately convey the information to the client,
must be provided.
B. The client may appeal an
FCCP action or decision to the Department in accordance with §
1.11 of this Part, Complaints and Appeals.
1.17 Licensing of Foster Care
Homes
A. The Department makes every
effort to maintain children in their own homes. When the home
environment is clearly contrary to the child's best interests, care
of the child outside of the home may be necessary to ensure the
safety and wellbeing of the child.
B. The Department provides the
child with an out of home placement which:
1. is least disruptive to the
child and family;
2. includes the placement of
siblings together unless the serious specific needs of one or more
child justifies separation;
3. offers the child the most
familiar and family-like setting possible; and
4. encourages and promotes
stability and permanency for the child.
C. The Department gives utmost
consideration to placing a child in a relative or kinship foster home
prior to seeking a non-relative placement.
D. The Department places
children who need placement outside of the natural home in licensed
foster and adoptive homes or licensed group care facilities.
1. A child must not be placed
in a non-kinship placement if that placement does not have an active
license.
2. Licensed non-kinship foster
homes that are pending license renewal are considered active.
E. The Department’s
licensure process utilizes the same standards in licensing all
kinship and non-relative prospective foster and adoptive homes.
F. The Department encourages
individuals of varying life styles to apply for a foster home
license. The Department considers the prospective foster parent’s
interest and commitment to child caring, and willingness to assist
and contribute to the development and growth of children, as well as
the foster family's acceptance and support of the child(ren) into the
family unit.
G. The prospective foster
parent must be twenty-one (21) years of age, must provide the
Department with the information necessary to verify compliance with
required standards, must participate in the foster care licensing
study process and must complete foster parent training. Every
licensed foster home is reevaluated and re-licensed every two (2)
years in order to ensure that the home continues to meet the required
standards, in accordance with the Part
40-00-3 of this Title , Foster and Adoption Regulations for
Licensure.
1.18 Foster Care Maintenance
Payments
The Department reassess the
base rates for foster care maintenance considering the elements
enumerated in 42 U.S.C. § 675(4)(A) to determine whether rate
adjustments are needed and, if necessary based upon that
reassessment, will advocate for additional appropriations from the
General Assembly to increase the base rate. The Department will
conduct a reassessment every three (3) years.
1.19 Notification of Critical
Information Pertaining to Children in the Department's Care
A. All out of home placement
providers are required to notify the Department of important
information pertaining to children in the Department's care. Critical
incidents such as serious injury, serious illness, child fatality, or
near fatality must be reported immediately to the parent/guardian of
the child and the Department. In the event of a child fatality or
life-threatening injury/illness of a child in the Department's care,
the Director of the Department must be notified immediately.
B. When a child has been
subjected to alleged abuse or neglect or has been the alleged victim
of assault or other physical or sexual abuse the report must go to
the CPS Call Floor.
C. The out of home provider
makes immediate verbal notification to the Department of any of the
following critical incidents involving a child in the Department's
care. The primary service worker/ supervisor is notified during
standard work hours. The Department’s CPS Hotline (1‑800‑RI
CHILD) is notified after hours (4:00 P.M. to 8:30 A.M. Monday through
Friday, weekends, and holidays) in the event of:
1. A serious injury/illness
involving medical treatment of the child;
2. suicidal or homicidal
attempts by the child;
3. death of a child;
4. unauthorized absence of the
child from the home;
5. removal of the child from
the home/program by any person or agency other than the placing
agency, or any attempts at such removal;
6. any fire or other emergency
requiring assistance from local fire or rescue personnel;
7. any exclusion of a child
from school or serious involvement with police authorities; and
8. a physician's order
requiring a child to be force-fed or otherwise coerced to eat against
his/her will.
D. The out of home provider
must inform the Department as soon as possible, but not more than
five (5) working days, following any circumstance listed below:
1. Serious illness or death of
other members of the household;
2. The permanent departure of
any member of the household; or
3. Any circumstance or
incident seriously affecting the children or child care.
1.20 Services for Youth Exhibiting
Wayward/Disobedient Behavior
A. The Department is
responsible for planning, developing, coordinating and monitoring a
program that offers appropriate assessment and treatment services to
families and children prior to the filing of a wayward/disobedient
petition in Family Court.
B. Children and Youth Not
Involved with the Department
1. When a parent or guardian
wishes to file a complaint alleging that a child in his or her care,
who is not active with the Department, is wayward by virtue of
disobedient behavior, he/ she contacts the local police department in
the city or town in which he/ she resides.
2. The local law enforcement
agency will, after reviewing the matter, immediately refer the family
for community-based assessment and treatment services.
3. If the family is referred
for community-based services, the law enforcement agency ensures that
the following are completed:
a. The parent or guardian must
sign the Documentation of Services (Filing Procedure for
Wayward/Disobedient Charges in Family Court).
b. The signed form (Form #197)
is then given to the parent.
c. The parent/guardian must
contact the designated agency for an initial screening/assessment and
provide the community-based service provider approved by the
Department with the form.
4. After the family initiates
contact, the agency will do the following:
a. Arrange an
intake/assessment meeting with the family and child to take place
within one week of parental request.
b. Determine if there have
been any prior interventions.
c. Complete a current
assessment of the family problems and develop a plan to assist the
family’s functioning.
d. Engage the family in a
course of treatment/intervention and/or refer them to a more
appropriate agency. If the family is referred to another agency, the
referring agency will continue to monitor the case.
5. If a family has engaged in
recent service delivery without success, the approved community-based
agency must complete an assessment with full consideration of the
family’s previous treatment history. The approved agency will
determine if there are any other services available in the community
that may be effective in treating the family.
6. If the interventions of the
approved community-based agency are successful, there is no need for
further police involvement.
7. If, however, after the
approved agency has made sufficient contact and determined that the
family issues require court involvement and/or the child is
unresponsive to the service delivery, the agency will:
a. Document the intervention
and make recommendations on the Form #197 to the parent(s) or
guardian(s).
b. Provide to the parent(s) or
guardian(s) the Form #197, which contains a summary report of
interventions and recommendations.
c. The parent(s) or
guardian(s) may choose to bring the Form #197 back to the police to
pursue the filing of a wayward/disobedient petition.
d. Maintain a confidential
record in accordance with its agency policy.
C. Children Active with the
Department with No Legal Status
1. If a parent wishes to file
a wayward/disobedient petition and the Department concurs, the
assigned Department worker will assist the parent by documenting on
the Form #197 that assessment and services have been attempted and
have not been successful.
2. Parents can take the
completed Form #197 to their local police Department to pursue the
filing of the wayward/disobedient petition.
1.21 Federal Benefits for Children
in the Department’s Care
A. The Department is the
designated single-state agency entitled to submit claims for Title
IV-E reimbursement in Rhode Island.
B. The Department is
responsible to determine which children are eligible for Title IV-E
reimbursement based on federal criteria and which costs meet the
eligibility criteria for administering the Title IV-E program.
C. Title IV-E of the Social
Security Act provides assistance to state child welfare agencies
rendering services to children in need of care. Under Title IV-E, the
federal government shares the cost in caring for financially deprived
children who are placed in substitute care. Title IV-E reimbursement
covers payments made for foster care (both voluntary placements and
court ordered placements), adoption subsidy, guardianship subsidy and
administrative costs incurred in the process of placing and
maintaining children in alternative, protective settings.
D. To ensure uninterrupted
delivery of medical care, Department staff will secure the most
appropriate medical coverage for the child within forty- eight (48)
hours of the child entering placement.
1.22 Protecting and Identifying
Victims of Sex Trafficking
A. The Department, in
partnership with the community and other organizations, is
responsible to investigate, identify, and support children who are
victims of sex trafficking or at risk of being a victim of sex
trafficking, and to prevent further exploitation of youth by ensuring
access to appropriate interventions, treatment, and protections.
B. The Department has
collaborated with local, state and federal law enforcement agencies,
community providers, the Aubin Center at Hasbro Children’s
Hospital, the Attorney General’s Office, and other social
service organizations to ensure youth that have been identified as
victims of sex trafficking receive the appropriate treatment and
support.
1.23 Prison Rape Elimination Act
A. The Department complies
with the federal Prison Rape Elimination Act (PREA) to provide a safe
and therapeutic environment for all youth. Department Operating
Procedures outline and implement a comprehensive approach to
preventing, detecting and responding to sexual abuse, including
voyeurism, and sexual harassment.
B. Any physical contact of a
sexual or sexualized nature between any RITS provider, vendor,
contractor, volunteer, or staff toward a youth detained or
adjudicated at the RITS is deemed abusive; such contact is reported
to the CPS Hotline and is investigated.
1. The Department has zero
tolerance for voyeurism or sexual harassment by any Department
provider, contractor, volunteer or staff toward a youth detained or
adjudicated at the RITS and includes voyeurism and/or sexual
harassment as a form of sexual abuse.
C. Any Department staff
engaging in sexual abuse or harassment toward a child/youth in care
or detained or adjudicated at the RITS is subject to discipline up to
and including dismissal without warning and referred to law
enforcement agencies unless the activity was clearly not criminal,
and to relevant licensing bodies, as appropriate.
D. Any contractor, provider,
intern or volunteer who violates Department sexual abuse or
harassment policies is prohibited from contact with residents and
reported to law enforcement agencies, unless the activity was clearly
not criminal, and to relevant licensing bodies, as appropriate.
1.24 Public
Information and Relations
A. The Department encourages
open lines of communication with outside individuals and groups to
enhance the public's understanding of the needs and strengths of the
children, youth and families that we serve and an appreciation of the
Department's mission and operations. All inquiries and responses and
other public relations activities are coordinated through the
Department’s Chief of Staff to ensure the confidentiality of
children, youth and families and to ensure the consistency and
accuracy of information released.
B. Inquiries from the Media or
Legislators
1. During standard work hours
(Monday - Friday, 8:30 A.M. to 4:00 P.M), all inquiries are referred
to the Department’s Chief of Staff in the Office of the
Director.
2. During non-standard work
hours, all inquiries should be forwarded to the DCYF Child Protective
Services (CPS) Hotline (1‑800‑RI CHILD).
C. Speaking Engagements
1. Requests for presentations
by Department staff are forwarded to the Chief of Staff.
D. Requests for Information
and/or Tours
1. All inquiries from the
general public, private or public agencies and organizations, civic
groups, students and professionals relating to information on the
overall programs and services of the Department are referred to the
Director’s Office.
2. Requests for tours of
Department buildings or facilities are coordinated by the Chief of
Staff.
1.25 Media Interviewing or
Photographing Children in Care
A. On occasion, the media may
request to interview or photograph a child or youth in the care of
the Department. To ensure the confidentiality of children, youth and
families, photographs or visual representations depicting faces or
allowing for recognition of the individuals are not allowed for
publicity or any other reason unless the request is approved by the
Department. The Department is responsible to ensure that minimal
program disruption occurs, that confidentiality is maintained and
that the appropriate consents have been secured.
B. In addition to Department
approval for a child or youth to be interviewed or photographed, the
following consent requirements must be met:
1. If the child is under the
age of fourteen (14), his/her parent, legal guardian and/or attorney
can consent to an interview by signing the consent form.
2. If the child is age
fourteen (14) or older, he/she and his/her parent, legal guardian
and/or attorney can consent by signing the consent form.
3. If the youth is age
eighteen (18) or older, he/she alone may consent and sign the form.
His/her parent, legal guardian or attorney may also sign, but this is
not required.