reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.7 - Coordination of Children’s Community Social Services, Education, and Mental Health Services — Pilot Program › Section 42-72.7-11. - Report on outcome of pilot project.

§ 42-72.7-11. Report on outcome of pilot project.
The director shall submit a report on the operation of this pilot project to the permanent legislative oversight commission on the department of children, youth, and families no later than January 1, 2000, and the commission shall make recommendations to the general assembly regarding the expansion, continuation, or termination of this pilot project.
History of Section.
P.L. 1998, ch. 69, § 1; P.L. 1998, ch. 415, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.8 - Department of Children, Youth and Families’ Higher Education Opportunity Incentive Grant › Section 42-72.8-1. - Statement of purpose.

§ 42-72.8-1. Statement of purpose.
(a)
There are many children in the custody of the department of children, youth, and families who have been in such custody for several years and who have no family resources or whose family has limited ability to provide funds for post secondary education. Such children often possess the academic ability and the interest to pursue higher educational goals but are precluded from doing so because of the lack of family resources to assist in funding;
(b)
The state has already invested considerable funds in such youth through the funding of residential placements, foster care, counseling services, and health care. Investment in their education will help to ensure a successful transition to adulthood free of dependence on government support;
(c)
To afford such youth opportunity comparable to children not in state custody who often enjoy greater opportunities to draw from family and other resources there is hereby created the Department of Children, Youth, and Families’ Higher Education Opportunity Incentive Grant Program. Through an appropriation from the general assembly a grant fund shall be established in the department of children, youth, and families to supplement financial assistance in the form of grants and scholarships that are available to such youth.
History of Section.
P.L. 1999, ch. 250, § 1; P.L. 1999, ch. 511, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.8 - Department of Children, Youth and Families’ Higher Education Opportunity Incentive Grant › Section 42-72.8-2. - Administration of program.

§ 42-72.8-2. Administration of program.
(a)
Each year the department shall identify and recommend from among youth in its legal custody, or who were in the Department’s legal custody on their eighteenth (18th) birthday, those students who may be eligible to apply for a Higher Education Opportunity Incentive Grant. The department of elementary and secondary education shall afford all appropriate assistance to the department in the identification of youth who may be eligible for such grants. Each selected applicant will receive grants to supplement federal, state and institutional scholarships, grants and loans awarded to the applicant in an amount not to exceed the full cost of tuition, fees and room and board charges:
(b)
A grant period shall be limited to two (2) years of full-time study at the Community College of Rhode Island, four (4) years of full-time study at Rhode Island College, and the University of Rhode Island, and in no instance shall the grant period exceed a period of four (4) years. Grant recipients shall be enrolled full-time and shall continue to make satisfactory progress toward an academic certificate or degree as determined by the school in which they are enrolled;
(c)
The department shall make recommendations for grant awards from among those youth who:
(1)
Have not yet reached the age of eighteen (18) on the day of recommendation, are in the legal custody of the department on the day of recommendation and have remained in such custody for at least twenty-four (24) months prior to the day of recommendation; or, for former foster care, have reached the age of eighteen (18) prior to the date of recommendation, have not yet reached the age of twenty-one (21) and were in the custody of the department from their sixteenth (16th) to their eighteenth (18th) birthdays; and
(2)
Have graduated from high school or received the equivalent of a high school diploma not more than one year prior to the date of recommendation; and
(3)
Has not reached his/her twenty-first (21st) birthday; except that youth who are participating in this program on the date before his/her twenty-first (21st) birthday may remain eligible until his/her twenty-third (23rd) birthday, as long as he/she continues to be considered a full-time student by Community College of Rhode Island, Rhode Island College or University of Rhode Island, and is making satisfactory progress, as determined by the school in which he/she is enrolled, toward completion of his/her degree program.
History of Section.
P.L. 1999, ch. 250, § 1; P.L. 1999, ch. 511, § 1; P.L. 2007, ch. 73, art. 22, § 4; P.L. 2010, ch. 300, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.8 - Department of Children, Youth and Families’ Higher Education Opportunity Incentive Grant › Section 42-72.8-3. - Selection of grant recipients.

§ 42-72.8-3. Selection of grant recipients.
(a)
There shall be a grant award selection committee which shall consist of a representative from each of the institutions of higher education appointed by their respective presidents, two (2) representatives from the department of children, youth and families appointed by the director, one representative from the department of elementary and secondary education appointed by the commissioner, and one representative from the office of higher education appointed by the commissioner and representatives of other organizations that the director of department of children, youth and families believes can help further the goals of the program.
(b)
Grant awards shall be made on the basis of scholastic record, aptitude, financial need and general interest in higher education. Recipients must comply with all application deadlines and criteria for admission to the institution to which the recipient is making application and, further, the recipient must have been granted admission by the admissions office of the institution. Cumulative grant awards shall not exceed available appropriations in any fiscal year. The department shall adopt rules and regulations, which are reasonably necessary to implement.
History of Section.
P.L. 1999, ch. 250, § 1; P.L. 1999, ch. 511, § 1; P.L. 2010, ch. 300, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.8 - Department of Children, Youth and Families’ Higher Education Opportunity Incentive Grant › Section 42-72.8-4. - Appropriation.

§ 42-72.8-4. Appropriation.
The general assembly shall appropriate the sum of $ 50,000 for the fiscal year ending June 30, 2000; $ 100,000 for the fiscal year ending June 30, 2001; $ 150,000 for the fiscal year ending June 30, 2002; and $ 200,000 for the fiscal year ending June 30, 2003 and thereafter.
History of Section.
P.L. 1999, ch. 250, § 1; P.L. 1999, ch. 511, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.9 - Children’s Right to Freedom from Restraint Act › Section 42-72.9-1. - Short title.

§ 42-72.9-1. Short title.
This chapter shall be known as the “Children’s Right to Freedom from Restraint Act.”
History of Section.
P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.9 - Children’s Right to Freedom from Restraint Act › Section 42-72.9-2. - Fundamental purpose.

§ 42-72.9-2. Fundamental purpose.
This chapter is enacted to protect and promote the right of each child who is a resident or patient in a covered facility to be free from physical or mental abuse, corporal punishment, involuntary seclusion, and any physical or chemical restraints (as defined in this chapter) imposed for purposes of discipline or convenience. Every child who obtains services from a covered facility has a right to be free from both physical and chemical restraints that are not medically necessary or are used as a means of coercion, discipline, convenience, or retaliation by service providers.
History of Section.
P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.9 - Children’s Right to Freedom from Restraint Act › Section 42-72.9-5. - Seclusion.

§ 42-72.9-5. Seclusion.
(a)
No service provider may cause the involuntary placement of a child in seclusion except as an emergency intervention to prevent immediate or imminent risk of injury to the physical safety of the child, staff, or other individuals in the facility and may not be used for discipline, convenience or as a substitute for a less restrictive alternative. The following requirements must be observed for any child placed in seclusion:
(1)
The condition of the child in seclusion must be continually assessed, monitored, and reevaluated and the seclusion must be ended at the earliest possible time, considering the physical safety of the child being secluded and other individuals in the facility. For the purposes of this section, “monitor” means (i) direct observation, or (ii) observation by way of video monitoring within physical proximity sufficient to provide aid as may be needed; and
(2)
The simultaneous use of seclusion and mechanical or chemical restraint is prohibited.
(b)
Nothing in this section shall be construed to limit the use of “time out” as a method of managing behavior within a covered facility.
History of Section.
P.L. 2000, ch. 56, § 1; P.L. 2000, ch. 73, § 1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.12 - Preservation of Families with Disabled Parent Act › Section 42-72.12-1. - Findings.

§ 42-72.12-1. Findings.
The general assembly finds as follows:
(1)
Individuals with disabilities continue to face unfair, preconceived, and unnecessary societal biases, as well antiquated attitudes, regarding their ability to successfully parent their children;
(2)
Because of these societal biases and antiquated attitudes, new parents with disabilities may be unnecessarily referred to hospital social workers or the department of children, youth and families for evaluation of their ability to provide care or a safe environment based solely on their disability; and
(3)
Children may unnecessarily be denied the opportunity to enjoy the experience of living in loving homes with parents with disabilities or other caretakers with disabilities.
History of Section.
P.L. 2021, ch. 19, § 1, effective May 26, 2021; P.L. 2021, ch. 20, § 1, effective May 26, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.12 - Preservation of Families with Disabled Parent Act › Section 42-72.12-2. - Purpose.

§ 42-72.12-2. Purpose.
The purpose of this chapter is to protect the best interests of children parented by individuals with disabilities, or children who could be parented by individuals with disabilities through the establishment of procedural safeguards that require hospital, child protective services, and judicial staff, to be educated regarding the Americans with Disabilities Act and the procedural and equal protection rights of parents with disabilities or prospective parents with disabilities in the context of child welfare, foster care, family law, and adoption considerations.
History of Section.
P.L. 2021, ch. 19, § 1, effective May 26, 2021; P.L. 2021, ch. 20, § 1, effective May 26, 2021.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-72.12 - Preservation of Families with Disabled Parent Act › Section 42-72.12-3. - Rights of disabled parents.

§ 42-72.12-3. Rights of disabled parents.
(a)
A parent or prospective parent’s disability shall not be presumed to have a detrimental impact on a child.
(b)
A parent or prospective parent who has a disability must be treated on a case-by-case basis, consistent with facts and objective evidence and based on an individualized assessment of the possible risk to the child’s health and safety.
(c)
A disability of a parent of a newborn child shall not serve as the sole basis of referral to a hospital social worker for evaluation of parenting skills.
(d)
A parent’s disability shall not serve as the sole basis of a referral to the department of children, youth and families by a hospital neonatal unit.
(e)
A parent’s disability shall not serve as the sole basis for denial or restriction of visitation or custody in family or child welfare cases when the visitation or custody is determined to be otherwise in the best interest of the child by the court.
(f)
A prospective parent’s disability shall not serve as the sole basis for denial of participation in public or private adoption when the adoption is determined to be otherwise in the best interest of the child.
(g)
An individual’s disability shall not serve as the sole basis for denial of foster care or guardianship, when the appointment is determined to be otherwise in the best interest of the child.
(h)
The parent or prospective parent with a disability shall be entitled to supportive parenting services and any other reasonable efforts to preserve the family unit, except in those cases where reasonable efforts are not required under § 15-7-7. The family court may require that the supportive parenting services be put in place, with an opportunity to review the need for continuation of such service within a reasonable period of time. “Supportive parenting services” means services that may assist a parent or prospective parent with a disability in the effective use of techniques, technology, and other alternative methods to enable the parent or prospective parent to have an equal opportunity to discharge parental responsibilities as successfully as a parent who does not have disabilities.
(i)
Provided however, nothing in this section shall impair the rights of the child, protective agency, or the court to deny placement of or visitation with the child, of a parent or prospective parent with a disability, if they pose a significant risk to the health and safety of the child, that cannot be eliminated by reasonable accommodations.
History of Section.
P.L. 2021, ch. 19, § 1, effective May 26, 2021; P.L. 2021, ch. 20, § 1, effective May 26, 2021.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-7. - Duties of advocate.

§ 42-73-7. Duties of advocate.
The child advocate shall perform the following duties:
(1)
Insure that each child in protective care, custody or in treatment, and in proper cases, others interested in the child’s welfare is apprised of his or her rights under this chapter and chapter 72 of this title;
(2)
Review periodically the procedures established by the department of children, youth, and families to carry out the provisions of chapter 72 of this title with a view toward the rights of the children and to investigate in accordance with the established rules and regulations adopted by the child advocate, the circumstances relating to the death of any child who has received services, from the department of children, youth, and families;
(3)
Review complaints of persons and investigate those where it appears that a child may be in need of assistance from the child advocate;
(4)
Periodically review the facilities and procedures of any and all institutions and/or residences, public and private, where a juvenile has been placed by the family court or the department of children, youth, and families;
(5)
Recommend changes in the procedures for dealing with juvenile problems and in the systems for providing childcare and treatment;
(6)
Take all possible action including, but not limited to, programs of public education, legislative advocacy, and formal legal action, to secure and ensure the legal, civil, and special rights of children subject to the provisions of § 42-73-9.1 and chapter 72 of this title;
(7)
Provide training and technical assistance to guardians ad litem and special advocates appointed by the family court to represent children in proceedings before that court; and
(8)
Review orders of the family court relating to juveniles with power to request reviews as required by the best interests of the child.
History of Section.
P.L. 1979, ch. 248, § 2; P.L. 1992, ch. 317, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-8. - Access to information.

§ 42-73-8. Access to information.
The child advocate shall have access to the following information:
(1)
The names of all children in protective services, treatment, or other programs under the jurisdiction of the department of children, youth, and families, and their location if in custody;
(2)
All written reports of child abuse and neglect; and
(3)
All current records required to be maintained under the provisions of chapter 72 of this title.
History of Section.
P.L. 1979, ch. 248, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-9. - Rights and powers of advocate.

§ 42-73-9. Rights and powers of advocate.
The child advocate shall have the following rights and powers:
(1)
To communicate privately, by mail or orally, with any child in treatment, or under protective services;
(2)
To have access, including the right to inspect, copy and/or subpoena records held by the clerk of the family court, law enforcement, agencies, and institutions, public or private, and other agencies, or persons with whom a particular child has been either voluntarily or otherwise placed for care, or has received treatment within or without the state;
(3)
To take whatever steps are appropriate to see that persons are made aware of the services of the child advocate’s office, its purpose, and how it can be contacted;
(4)
To apply for and accept grants, gifts and bequests of funds from other states, federal and interstate agencies and independent authorities, and private firms, individuals and foundations, for the purpose of carrying out his or her lawful responsibilities. The funds shall be deposited with the general treasurer in a restricted receipt account established within the office to permit funds to be expended in accordance with the provisions of the grant or bequest; and
(5)
To exercise the powers conferred upon a trustee pursuant to the provisions of § 18-4-2 and to be exempt from the provisions of chapter 15 of title 33.
History of Section.
P.L. 1979, ch. 248, § 2; P.L. 1992, ch. 317, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-9.1. - Additional powers — Criminal injuries to children.

§ 42-73-9.1. Additional powers — Criminal injuries to children.
(a)
In addition to the powers set forth in § 42-73-9, the child advocate, or his or her designee, shall have the power to commence in the superior court a civil action against the state pursuant to the provisions of chapter 25 of title 12 on behalf of any child the custody of whom has been assigned to any institution or agency under the control of the department of children, youth, and families or other private agency or provided in § 14-1-34.
(b)
Any judgment for compensation or order for settlement of the claim for compensation entered by the court pursuant to the provisions of § 12-25-3 shall be considered as the estate of the child for whose benefit the judgment or order is entered, to be held by the office as guardian of that compensation, and shall be deposited into a trust account established by the office for the purposes of distributing those funds to the child in accordance with the plan adopted by the family court pursuant to the provisions of § 14-1-35.1.
History of Section.
P.L. 1992, ch. 317, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-10. - Confidentiality.

§ 42-73-10. Confidentiality.
All records of the child advocate pertaining to the care and treatment of a child shall be confidential. Information contained in those records may not be disclosed publicly in any manner that would identify individuals, but records shall be available to persons approved, upon application for good cause, by the family court.
History of Section.
P.L. 1979, ch. 248, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-73 - Child Advocate Office › Section 42-73-11. - Indemnification from liability.

§ 42-73-11. Indemnification from liability.
The state of Rhode Island shall protect and hold harmless any attorney, director, investigator, social worker, or other person employed by the office of the child advocate and/or any volunteer appointed by the child advocate, from financial loss and expense, including legal fees and costs, if any, arising out of any claim, demand, or suit for damages resulting from acts or omissions committed in the discharge of his or her duties with the program within the scope of his or her employment or appointment which may constitute negligence but which acts are not wanton, malicious, or grossly negligent as determined by a court of competent jurisdiction.
History of Section.
P.L. 1992, ch. 317, § 3.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-74 - Children’s Code Commission › Section 42-74-1. - Children’s code commission.

§ 42-74-1. Children’s code commission.
(a)
There shall be a continuing children’s code commission charged with the duty of studying, revising, and codifying, if possible, all laws affecting the health and welfare of children.
(b)
The children’s code commission shall consist of twenty-one (21) members, each of whom shall serve a two (2) year term, expiring on the second anniversary of each individual’s appointment or on the date that their respective successors are appointed and qualified, whichever is later. The membership of the children’s code commission shall consist of three (3) members of the senate, not more than two (2) from the same political party and three (3) members of the house of representatives, not more than two (2) from the same political party to be appointed by the president of the senate and the speaker of the house of representatives, respectively; the director of the department of children, youth, and families, or his or her designee; the director of the department of human services, or his or her designee; the director of the department of health, or his or her designee; the director of the department of elementary and secondary education, or his or her designee; nine (9) members of the community at large to be appointed by the governor for their interest and expertise in the field under consideration; the child advocate for the state, or his or her designee; and, the chief judge of the family court, or his or her designee. The committee shall select one of its members as chairperson.
(c)
The children’s code commission shall meet at least twelve (12) times a year and shall be charged with delivering on or before December 15 of each calendar year its report to the governor and the legislature regarding its findings for that calendar year. The commission’s annual report shall include, but not be limited to, its recommendations for revisions, amendments, additions, or consolidation of the laws affecting children to insure that these laws promote, safeguard, and protect the well-being of children.
History of Section.
P.L. 1979, ch. 248, § 3; P.L. 1984, ch. 118, § 1; P.L. 1996, ch. 339, § 1; P.L. 2001, ch. 180, § 114.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-75 - Council on the Arts › Section 42-75-1. - Declaration of policy.

§ 42-75-1. Declaration of policy.
It is declared to be the policy of the state to join with the federal government, private patrons, and institutions and professional organizations concerned with the arts to insure that the role of the arts in the life of Rhode Island communities will continue to grow and will play an ever more significant part in the welfare and educational experience of our citizens.
History of Section.
P.L. 1980, ch. 395, § 2.
2023 Rhode Island General Laws › Title 42 - State Affairs and Government › Chapter 42-75 - Council on the Arts › Section 42-75-2. - Creation of commission.

§ 42-75-2. Creation of commission.
There is created and established within the executive department a state commission to be known as the “Rhode Island council on the arts,” hereinafter referred to as “the commission”.
History of Section.
P.L. 1980, ch. 395, § 2; P.L. 1985, ch. 181, art. 41, § 1; P.L. 1986, ch. 198, § 43.