reglab/housing_qa huggingface dataset:
RI Gen L § 42-72.9-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.9 - Children's Right to Freedom From Restraint Act|Section 42-72.9-6 - Recording.

§ 42-72.9-6. Recording.(a) Any use of physical, mechanical, or chemical restraint or seclusion on a child must be documented in the child's medical, educational, treatment or case record maintained by the covered facility. The documentation shall include:(1) In the case of emergency use, the nature of the emergency and what other steps, including attempts at verbal de-escalation, were taken to prevent the emergency from arising if there were indications that such an emergency was likely to arise; and(2) A detailed description of the nature of the restraint, its duration and its effect on the child's established medical, educational or treatment plan.(b) Each covered facility shall: (1) maintain a weekly log of the use of physical, mechanical, or chemical restraint or seclusion on children in their care and the nature of the emergency that necessitated its use, and (2) include that information in an annual compilation on its use of restraint and seclusion. The director of the state agency that has jurisdiction or supervisory control over the covered facility shall issue regulations regarding the specific content of the annual compilation and review the annual compilation prior to renewing a license for or a contract with the covered facility. The annual compilation of use of restraints and seclusion by each covered facility is a public record.(c) If the use of restraint or seclusion results in serious physical injury or death to the child, the covered facility shall report the incident immediately to the department of children, youth, and families as defined by law and to the director of the state agency that has jurisdiction or supervisory control over the covered facility. The director shall report any incidence of serious injury or death to the child advocate. The term "serious injury" shall be defined by DCYF in the rules and regulations promulgated pursuant to § 42-72.9-9.History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
RI Gen L § 42-72.9-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.9 - Children's Right to Freedom From Restraint Act|Section 42-72.9-7 - Training and policies.

§ 42-72.9-7. Training and policies.(a) Each covered facility shall:(1) Develop policies and procedures that establish monitoring, documentation, reporting, and internal review of the use of restraint and seclusion on children;(2) Require training of all service providers in the use of restraint and seclusion on children. The training shall include, but not be limited to, verbal defusing and de-escalation; prevention strategies; types of physical restraint; the differences between life threatening physical restraint and other varying levels of physical restraint; monitoring to prevent harm to a child physically restrained or in seclusion; and recording and reporting procedures on the use of restraints and seclusion; and(3) Make the policies and procedures required under subsection (a)(1) available to the director of the state agency that has jurisdiction or supervisory control over the covered facility.(b) DCYF is responsible for ensuring compliance with initial and refresher restraint training and for funding the training in accordance with its contract or rate provisions with residential providers.History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
RI Gen L § 42-72.9-8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.9 - Children's Right to Freedom From Restraint Act|Section 42-72.9-8 - Penalties.

§ 42-72.9-8. Penalties.(a) Any covered facility that does not comply with the provisions of this chapter is subject to licensing action, including, but not limited to, license revocation, by the agency or department of state government that has jurisdiction or supervisory control over the covered facility.(b) Any service provider who willfully and intentionally violates the provisions of this chapter, and by reason of that violation inflicts physical injury upon a child, shall upon conviction of the violation be fined a sum not exceeding five hundred dollars ($500) and/or imprisoned for a term not exceeding six (6) months. However, if the service provider is exonerated, all costs incurred in defense of these charges shall be paid by the covered facility.(c) Nothing contained in this chapter shall be construed to limit or restrict any criminal or civil action available to an appropriate party under applicable state law.History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
RI Gen L § 42-72.9-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.9 - Children's Right to Freedom From Restraint Act|Section 42-72.9-9 - Rules and regulations.

§ 42-72.9-9. Rules and regulations.DCYF and MHRH shall promulgate rules and regulations pursuant to the Administrative Procedures Act, title 42, chapter 35, on or before January 1, 2001, to implement the intent of this chapter.History of Section.P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
RI Gen L § 42-72.11-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-1 - Definitions.

§ 42-72.11-1. Definitions.As used in this chapter, the following words, unless the context clearly requires otherwise, shall have the following meanings:(1) "Administrative penalty" means a monetary penalty not to exceed the civil penalty specified by statute or, where not specified by statute, an amount not to exceed five hundred dollars ($500).(2) "Citation" means a notice of an assessment of an administrative penalty issued by the director or his or her duly authorized agent.(3) "Department" means the department of human services.(4) "Director" means the director of the department of human services or his or her duly authorized agent.(5) "Person" means any public or private corporation, individual, partnership, association, or other entity that is licensed as a child daycare center, family child daycare home, group family child daycare home or any officer, employee or agent thereof.History of Section.P.L. 2018, ch. 47, art. 15, § 6; P.L. 2019, ch. 88, art. 4, § 23.
RI Gen L § 42-72.11-2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-2 - Authority of director to assess penalty.

§ 42-72.11-2. Authority of director to assess penalty.The director may assess an administrative penalty on a person who fails to comply with any provision of any rule, regulation, order, permit, license, or approval issued or adopted by the director, or of any law which the director has the authority or responsibility to enforce.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-3 - Notice of violation and assessment of penalty.

§ 42-72.11-3. Notice of violation and assessment of penalty.Whenever the director seeks to assess an administrative penalty on any person, the director shall cause to be served upon the person, either by service, in hand, or by certified mail, return receipt requested, a written notice of its intent to assess an administrative penalty which shall include:(1) A concise statement of the alleged act or omission for which the administrative penalty is sought to be assessed;(2) Each law, rule, regulation, or order which has not been complied with as a result of the alleged act or omission;(3) The amount which the director seeks to assess as an administrative penalty for each alleged act or omission;(4) A statement of the person's right to an adjudicatory hearing on the proposed assessment;(5) The requirements the person must comply with to avoid being deemed to have waived the right to an adjudicatory hearing; and(6) The manner of payment thereof if the person elects to pay the penalty and waive an adjudicatory hearing.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-4 - Right to adjudicatory hearing.

§ 42-72.11-4. Right to adjudicatory hearing.(a) Whenever the director seeks to assess an administrative penalty on any person the person shall have the right to an adjudicatory hearing under chapter 35 of this title, the provisions of which shall apply except when they are inconsistent with the provisions of this chapter.(b) A person shall be deemed to have waived his or her right to an adjudicatory hearing unless, within ten (10) days of the date of the director's notice that he or she seeks to assess an administrative penalty, the person files with the director a written statement denying the occurrence of any of the acts or omissions alleged by the director in the notice, or asserting that the money amount of the proposed administrative penalty is excessive. In any adjudicatory hearing authorized pursuant to chapter 35 of this title, the director shall, by a preponderance of the evidence, prove the occurrence of each act or omission alleged by the director.(c) If a person waives his or her right to an adjudicatory hearing, the proposed administrative penalty shall be final immediately upon the waiver.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-5 - Judicial review.

§ 42-72.11-5. Judicial review.(a) If an administrative penalty is assessed at the conclusion of an adjudicatory hearing the administrative penalty shall be final upon the expiration of thirty (30) days if no action for judicial review of the decision is commenced pursuant to chapter 35 of this title.(b) The family court shall have exclusive jurisdiction to review all appeals filed under this chapter.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-6 - Determination of administrative penalty.

§ 42-72.11-6. Determination of administrative penalty.Prior to the imposition of an administrative penalty, the department shall complete a risk and safety analysis and the director shall consider the following:(1) The actual and potential impact on health, safety and welfare of children impacted by the alleged noncompliance;(2) Whether the person being assessed the administrative penalty took steps to prevent noncompliance, and to promptly come into compliance;(3) Whether the person being assessed the administrative penalty has previously failed to comply with any rule, regulation, or order issued or adopted by the director, or any law which the director has the authority to enforce;(4) Deterring future noncompliance;(5) Eliminating the economic advantage of noncompliance;(6) Consistency with state and/or federal statute for a similar violation or failure to comply;(7) Any other factor(s) that may be relevant in determining the amount of a penalty, provided that the other factors shall be set forth in the written notice of assessment of the penalty; and(8) The public interest.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-7 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-7 - Limitations on amount of penalty.

§ 42-72.11-7. Limitations on amount of penalty.The administrative penalty shall be not more than five hundred dollars ($500) for each investigation or failure to comply unless a different amount is authorized by statute as a civil penalty for the subject violation.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-8 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-8 - Rules and regulations.

§ 42-72.11-8. Rules and regulations.No administrative penalty shall be assessed by the director pursuant to this chapter until the director has promulgated rules and regulations for assessing administrative penalties in accordance with the provisions of chapter 35 of this title.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-72.11-9 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-72.11 - Administrative Penalties for Childcare Licensing Violations|Section 42-72.11-9 - Severability.

§ 42-72.11-9. Severability.If any provision of this chapter or the application thereof to any person or circumstances is held invalid, that invalidity shall not affect other provisions or applications of the chapter, which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.History of Section.P.L. 2018, ch. 47, art. 15, § 6.
RI Gen L § 42-73-1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-1 - Establishment.

§ 42-73-1. Establishment.There is created the child advocate office.History of Section.P.L. 1979, ch. 248, § 2.
RI Gen L § 42-73-2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-2 - Appointment and term.

§ 42-73-2. Appointment and term.The governor, with the advice and consent of the senate, shall appoint a member of the bar of this state who has been admitted to practice law for at least three (3) years to fill the office of the child advocate, who shall be a person qualified by training and experience to perform the duties of the office as set forth in § 42-73-7. The appointment shall be made from a list of at least three (3) persons prepared and submitted by a committee consisting of two (2) attorneys appointed by the Rhode Island Bar Association; two (2) judges of the family court appointed by the chief judge; one medical doctor appointed by the Rhode Island Medical Society; one psychologist appointed by the Rhode Island Psychological Association; one social worker appointed by the Rhode Island Alliance of Social Service Employees; one person appointed as a representative of private children's agencies by the governor; one person representing the general public appointed by the governor; and one person appointed by the director of the department of human services. Six (6) members of the committee shall constitute a quorum. No one shall be eligible for appointment unless he or she is a resident of this state. The board shall elect from among the members a chair and a vice-chair. The person appointed child advocate shall hold office for a term of five (5) years and shall continue to hold office until his or her successor is appointed and qualified.History of Section.P.L. 1979, ch. 248, § 2; P.L. 2001, ch. 180, § 113; P.L. 2006, ch. 14, § 4; P.L. 2006, ch. 16, § 4.
RI Gen L § 42-73-2.1 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-2.1 - Advisory committee established.

§ 42-73-2.1. Advisory committee established.There is hereby established an advisory committee to the office of the child advocate established under § 42-73-1. The advisory committee shall consist of nine (9) members, one attorney appointed by the Rhode Island Bar Association; one judge or magistrate of the family court appointed by the chief judge of the family court; one pediatrician with expertise in child and adolescent treatment or child abuse and neglect appointed by the Rhode Island Medical Society; one psychologist with expertise in child and adolescent treatment appointed by the Rhode Island Psychological Association; one Licensed Independent Clinical Social Worker appointed by the Rhode Island Chapter of the National Association of Social Workers; one psychiatrist with expertise in child and adolescent treatment appointed by the Rhode Island Medical Society; and three (3) members, one of whom is a youth or parent (foster or birth) formerly involved in the state child welfare system, familiar with duties established under § 42-73-7, appointed by the child advocate. No one shall be eligible for appointment unless he or she is a resident of this state. No member of the advisory committee shall be a person who is a volunteer for, a board member of, or is employed by or contractor of, any entity or agency subject to the review of, or evaluation or monitoring by the child advocate pursuant to chapter 73 of title 42, or who lobbies on behalf of any entity or agency subject to the review of, or evaluation or monitoring by, the child advocate pursuant to chapter 73 of title 42. Each member of the advisory committee shall serve a term of five (5) years and may be reappointed at the conclusion of such term. All initial appointments to the advisory committee shall be made no later than October 1, 2014. Any vacancy in the membership of the committee shall be filled by the appointing authority for the unexpired portion of the term. The committee shall elect from among the members a chair and a vice-chair.History of Section.P.L. 2014, ch. 440, § 1; P.L. 2014, ch. 447, § 1.
RI Gen L § 42-73-2.2 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-2.2 - Duties.

§ 42-73-2.2. Duties.It shall be the duty of the advisory committee to:(a) Provide advice and support to the child advocate related to the duties described in § 42-73-7. The committee's duties include, but are not limited to, the following:(1) Establish a regular meeting schedule and form subcommittees as may be appropriate;(2) Meet with the child advocate and staff to review and assess patterns of treatment and services, policy implications, and necessary systemic improvements;(3) Provide an annual report on its activities and recommendations in conjunction with the child advocate, and submit the report to the governor, the president of the senate, and the speaker of the house of representatives, on or by December 31, 2015, and annually thereafter.(b) The advisory committee shall be subject to the confidentiality provisions of § 42-73-10.History of Section.P.L. 2014, ch. 440, § 1; P.L. 2014, ch. 447, § 1.
RI Gen L § 42-73-2.3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-2.3 - Child fatality reviews.

§ 42-73-2.3. Child fatality reviews.(a) The department of children, youth and families shall notify the office of the child advocate verbally and electronically within forty-eight (48) hours of a confirmed fatality or near fatality of a child who is the subject of a DCYF case and shall provide the office of the child advocate with access to any written material about the case.(b) The child advocate, working with a voluntary and confidential child-fatality-review panel, whose members may vary on a case-by-case basis, shall review the case records of all notifications in accordance with subsection (a) of fatalities and near fatalities of children under twenty-one (21) years of age, if:(1) The fatality or near fatality occurs while in the custody of, or involved with, the department, or if the child's family previously received services from the department;(2) The fatality or near fatality is alleged to be from abuse or neglect of the child and the child or child's family had prior contact with the department; or(3) A sibling, household member, or daycare provider has been the subject of a child abuse and neglect investigation within the previous twelve (12) months, including, without limitation, cases in which the report was unsubstantiated or the investigation is currently pending.(c) The child-fatality-review panel shall assess and analyze such cases; make recommendations regarding such cases; and make recommendations for improvements to laws, policies, and practices that support the safety of children. Each report shall be made public within thirty (30) days of its completion.(d) The members of the child-fatality-review panel, established in accordance with this section, shall be subject to the confidentiality provisions of § 42-73-10.(e) The child advocate shall publicly announce the convening of a child-fatality-review panel, including the age of the child involved.History of Section.P.L. 2016, ch. 342, § 3[4]; P.L. 2016, ch. 368, § 3[4]; P.L. 2019, ch. 56, § 1; P.L. 2019, ch. 70, § 1.
RI Gen L § 42-73-3 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-3 - Staff.

§ 42-73-3. Staff.The child advocate may appoint those assistants that may be deemed necessary whose powers and duties shall be similar to those imposed upon the child advocate by law and any other staff as is deemed necessary. The duties of the assistants and other staff members shall be performed under and by the advice and direction of the child advocate.History of Section.P.L. 1979, ch. 248, § 2.
RI Gen L § 42-73-4 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-4 - Appropriation for expenses.

§ 42-73-4. Appropriation for expenses.The general assembly shall annually appropriate those sums it may deem necessary for the payment of the salaries of the staff and for the payment of office expenses and other actual expenses incurred by the child advocate in the performance of his or her duties; and the controller is authorized and directed to draw his or her orders upon the general treasurer for the payment of any sum or sums or so much that may from time to time be required upon receipt by him or her of proper vouchers approved by the child advocate.History of Section.P.L. 1979, ch. 248, § 2.
RI Gen L § 42-73-5 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-5 - Independence.

§ 42-73-5. Independence.Notwithstanding any other provisions of this or any other chapter to the contrary, the child advocate acts independently of the department of children, youth, and families in the performance of his or her duties.History of Section.P.L. 1979, ch. 248, § 2.
RI Gen L § 42-73-6 (2021)
2021 Rhode Island General Laws|Title 42 - State Affairs and Government|Chapter 42-73 - Child Advocate Office|Section 42-73-6 - Annual report.

§ 42-73-6. Annual report.The child advocate shall annually submit, to the governor and the general assembly, a detailed report analyzing the work of his or her office and any recommendations resulting therefrom, including non-identifying child-fatality and near-fatality information and recommendations. The report shall be posted on the office of the child advocate's website.History of Section.P.L. 1979, ch. 248, § 2; P.L. 2016, ch. 342, § 3; P.L. 2016, ch. 368, § 3.