reglab/statecodes huggingface dataset:
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-6. - Report by physicians and healthcare providers of abuse or neglect.

§ 40-11-6. Report by physicians and healthcare providers of abuse or neglect.
(a)
When any physician, duly certified registered nurse practitioner, or other healthcare provider is involved in the delivery or care of infants born with, or identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, or has cause to suspect that a child brought to him or her, or coming to him or her, for examination, care, or treatment, is an abused or neglected child as defined in this chapter, or when he or she determines that a child under the age of twelve (12) years is suffering from any sexually transmitted disease, he or she shall report the incident or cause a report thereof to be made to the department as provided in subsection (b).
(b)
An immediate oral report shall be made by telephone or otherwise, to both the department and law enforcement agency, and shall be followed by a report, in writing, to the department and law enforcement agency explaining the extent and nature of the abuse or neglect the child is alleged to have suffered.
(c)
The department, upon receipt of such a report by a person other than a physician or duly certified registered nurse practitioner alleging that a child has been physically abused, shall investigate the report, and if the investigation reveals evidence of injury or that the child has been the victim of sexual abuse, the department shall have the child examined by a licensed physician or duly certified registered nurse practitioner. Any child protective investigator shall, with or without the consent of the parent or other person responsible for the child’s welfare, have the right to remove the child from the place where the child may be to secure the examination required by this subsection. Upon completion of the examination, it shall be mandatory for the physician or duly certified registered nurse practitioner to make a written report of his or her findings to the department.
(d)
The department shall promulgate rules and regulations to implement the provisions of this section.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1984, ch. 257, § 1; P.L. 1985, ch. 371, § 1; P.L. 1992, ch. 245, § 1; P.L. 2011, ch. 151, art. 17, § 1; P.L. 2017, ch. 386, § 1; P.L. 2017, ch. 424, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-6.1. - Penalty for failure to report or perform required act.

§ 40-11-6.1. Penalty for failure to report or perform required act.
Any person, official, physician, or institution required by this chapter to report known or suspected child abuse or neglect or to perform any other act who knowingly fails to do so or who knowingly prevents any person acting reasonably from doing so shall be guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not more than five hundred dollars ($500) or imprisonment for not more than one year or both. In addition, any person, official, physician, or institution who knowingly fails to perform any act required by this chapter or who knowingly prevents another person from performing a required act shall be civilly liable for the damages proximately caused by that failure.
History of Section.
P.L. 1979, ch. 248, § 10.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-7.2. - Evidence.

§ 40-11-7.2. Evidence.
(a)
A videotape recording made by the department of children, youth and families, a law enforcement officer, a hospital, or a children’s advocacy center of an interview of or statement made by a child who is the subject of an investigation conducted pursuant to § 40-11-7 is admissible in any court proceeding pursuant to this chapter, notwithstanding any objection to hearsay statements contained therein, provided it is relevant and material and provided its probative value substantially outweighs the danger of unfair prejudice to the child’s parent, guardian, or other person responsible for the child’s welfare. The circumstances of the making of the videotape recording, including the maker’s lack of personal knowledge, may be proved to affect its weight.
(b)
Prior to the videotaped recording being introduced into evidence the court shall first determine that:
(1)
The statement is sworn to under oath by the child and the significance of the oath is explained to the child;
(2)
The recording is both visual and aural and is recorded on film or videotaped or by other electronic means;
(3)
The recording equipment was capable of making an accurate recording, the operator of the equipment was competent, and the recording is accurate and has not been altered;
(4)
Every voice on the recording is identified;
(5)
The statement was not made in response to questioning calculated to lead the child to make a particular statement;
(6)
The person conducting the interview of the child is available to testify at any court proceeding pursuant to this chapter; and
(7)
The child shall be available to testify at any court proceeding pursuant to this chapter.
History of Section.
P.L. 1985, ch. 371, § 2; P.L. 2018, ch. 189, § 1; P.L. 2018, ch. 262, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-7.3. - Mediation of child protection matters.

§ 40-11-7.3. Mediation of child protection matters.
The family court may establish a voluntary mediation program for child protection matters. Once established, the court may, with the consent of the parties, refer to mediation all or any portion of a matter relating to child protection matters.
History of Section.
P.L. 1997, ch. 59, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-8. - Injury control unit.

§ 40-11-8. Injury control unit.
The department shall establish a statewide injury-control unit to make possible more intensive protective services to high-risk families with children, and close coordination with a variety of community groups, medical facilities, and medical groups to ensure early detection and reporting of known or suspected abuse to protect the physical and mental well-being of children.
History of Section.
P.L. 1976, ch. 91, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-9. - Duties of law enforcement agency.

§ 40-11-9. Duties of law enforcement agency.
Upon the receipt of a report concerning the alleged abuse or neglect of a child, it shall be the duty of the law enforcement agency to investigate further and to report the results of the investigation to the department and/or family court; provided, however, if there is reasonable cause to believe that a crime has been committed, the law enforcement agency shall report the result of the investigation to the department of attorney general. The investigation shall include personal contact with the child named in the report and any other children in the same household. The interviewing of the child, or children, if they are of the mental capacity to be interviewed, shall take place in the absence of the person or persons responsible for the alleged neglect or abuse.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1979, ch. 129, § 2; P.L. 1985, ch. 352, § 1; P.L. 1989, ch. 80, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-10. - Use of physician’s report for petition for removal.

§ 40-11-10. Use of physician’s report for petition for removal.
In the case of an ex parte petition for removal under this chapter, a signed physician’s report that a child is abused or neglected as previously defined shall be sufficient to support approval of the ex parte petition for removal.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1979, ch. 248, § 9.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-11. - Abrogation of privileged communications.

§ 40-11-11. Abrogation of privileged communications.
The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as required by this chapter; failure to cooperate with the department in its activities pursuant to this chapter; or failure to give or accept evidence in any judicial proceeding relating to child abuse or neglect. In any family court proceeding relating to child abuse or neglect, notwithstanding the provisions of chapter 37.3 of title 5, or the provisions of § 9-17-24, no privilege of confidentiality may be invoked with respect to any illness, trauma, incompetency, addiction to drugs, or alcoholism of any parent.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1988, ch. 106, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-12. - Award of custody.

§ 40-11-12. Award of custody.
(a)
If the court shall find that a child is abused or neglected within the meaning of this chapter, the court shall by decree duly enter process as follows.
(b)
Place the child under the supervision of the department in his or her own home if the court makes a determination that the child will be safely maintained in the home, or award the care, custody, and control of the child to the department upon terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents, or other person previously having custody or care of the child, under circumstances consistent with the child’s safety.
(c)
The court may require the parent, or person previously having custody, to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody.
(d)
When a child has been placed in the care, custody, and control of the department pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power to appoint a guardian of the person of the child.
(e)
No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department of children, youth and families.
(f)
The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with the child and the child’s parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, after a hearing on a motion for revocation, that continuation of the guardianship is not in the best interests of the child.
(g)
Notice of any hearing on such motion shall be provided by the moving party to the department of children, youth and families, the court-appointed special advocate, the parent or guardian, and any and all other interested parties.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1994, ch. 195, § 1; P.L. 1994, ch. 263, § 1; P.L. 1997, ch. 47, § 1; P.L. 1997, ch. 63, § 1; P.L. 1998, ch. 87, § 3; P.L. 2006, ch. 216, § 23.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-12.3. - Guardianship subsidy.

§ 40-11-12.3. Guardianship subsidy.
The state may make funds available through the department of children, youth and families for special reimbursement to guardians appointed pursuant to this chapter. These funds will be disbursed in accordance with the guidelines to be promulgated by the department of children, youth and families.
History of Section.
P.L. 1994, ch. 195, § 2; P.L. 1994, ch. 263, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-12.4. - Restraining orders.

§ 40-11-12.4. Restraining orders.
(a)
Whenever the family court has assumed jurisdiction by way of the filing of a petition pursuant to chapter 1 of title 14 or chapter 11 of this title, the court, upon notice to the individual to be restrained and after a hearing, may restrain the individual so notified from interfering with the personal liberty of another, and may restrain the individual so notified from maliciously causing, or attempting to cause, bodily harm to another, and may restrain any individual so notified from maliciously causing, or attempting to cause, bodily harm to another and, upon a finding by the court that any person has been so harmed, or threatened with harm, the court may prescribe treatment including, but not limited to, outpatient counseling to the individual so restrained.
(b)
As used in this section, the term “individual” shall include any party to the petition or any person acting on behalf of the party.
(c)
Restraining orders pursuant to this provision shall be issued in conformity with the hearing and notice requirements set forth in § 15-15-1 et seq.
(d)(1)
The family court shall have the authority to enforce any violation of a restraining order entered pursuant to this section by contempt.
(2)
The contempt order shall not be exclusive and shall not preclude any other available civil or criminal remedies.
(e)
Any violation of a restraining order under this chapter protecting a person against bodily harm and/or against threat of imminent bodily injury shall be a misdemeanor that shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one year, or both. The penalties for violation of this section shall also include the penalties provided in § 12-29-5.
History of Section.
P.L. 1997, ch. 48, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-13. - Confidentiality of reports and records — Penalty for disclosure.

§ 40-11-13. Confidentiality of reports and records — Penalty for disclosure.
(a)
All records concerning reports of child abuse and neglect, including reports made to the department, shall be confidential except as specifically provided by this chapter or as specifically provided by § 42-72-8 or specifically authorized by the family court in furtherance of the purposes directly connected with this chapter.
(b)
Any employee or agent of the department violating any of the provisions of this section shall be guilty of a misdemeanor, and shall be fined not more than two hundred dollars ($200) or shall be imprisoned for not more than six (6) months, or both.
(c)
Nothing in this chapter shall limit the right of the attorney general to receive all records and reports of child abuse when the office is engaged in the investigation of or prosecution of criminal conduct by another relating to the child or other children within the same family unit.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1985, ch. 347, § 1; P.L. 1999, ch. 54, § 2; P.L. 1999, ch. 122, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-13.1. - Destruction of reports and records.

§ 40-11-13.1. Destruction of reports and records.
All records concerning reports of child abuse and neglect made pursuant to this chapter, including reports made to the department, shall be destroyed three (3) years after the date of a final determination by either the family court or the department that the reported child abuse or neglect did not in fact occur.
History of Section.
P.L. 1987, ch. 471, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-15. - Religious practices.

§ 40-11-15. Religious practices.
A parent or guardian practicing his or her religious beliefs that differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered a negligent parent or guardian. However, nothing in this section shall: (1) Prevent the child from being considered abused or neglected if the child is harmed, or threatened with harm, as described in § 40-11-2; or (2) Preclude the court from ordering medical services or nonmedical services recognized by the laws of this state to be provided to the child where his or her health requires it.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 2004, ch. 270, § 1; P.L. 2004, ch. 599, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-16. - Severability.

§ 40-11-16. Severability.
If any provision of this chapter or application thereof is held to be invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected.
History of Section.
P.L. 1976, ch. 91, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-17. - Shaken-baby syndrome prevention initiative.

§ 40-11-17. Shaken-baby syndrome prevention initiative.
(a)
The department of health shall collaborate with the department of children, youth and families and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting from shaken-baby syndrome. The initiative shall include, but not be limited to:
(1)
Instituting a patient education program on shaken-baby syndrome prevention for all parents of newborns;
(2)
Instituting education and training programs on the prevention and diagnosis of shaken-baby syndrome for other parents, caregivers, physicians, and professionals serving children and families;
(3)
Assisting in the development of programs to support and serve victims and families affected by shaken-baby syndrome; and
(4)
Conducting surveillance and data collection on the incidence of shaken-baby syndrome and traumatic brain injury in infants and young children.
(b)
The department of health shall promulgate all rules and regulations necessary to effectuate the purposes of this section.
(c)
The department of health, in collaboration with the department of children, youth and families, shall report annually to the general assembly, the status of the shaken-baby syndrome prevention initiative.
History of Section.
P.L. 2006, ch. 547, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-18. - Children’s advocacy centers — Services — Requirements.

§ 40-11-18. Children’s advocacy centers — Services — Requirements.
(a)
Children’s advocacy centers shall provide the following services to children in Rhode Island:
(1)
Operation of a child-appropriate or child-friendly facility that provides a comfortable, private setting that is both physically and psychologically safe for clients;
(2)
Participation in a multidisciplinary team for response to child abuse allegations;
(3)
Operation of a legal entity responsible for program and fiscal operations that has established and implemented basic sound administrative practices;
(4)
Promotion of policies, practices, and procedures that are culturally competent and diverse;
(5)
Conduct forensic interviews in a manner that is of a neutral, fact-finding nature and coordinated to avoid duplicative interviewing;
(6)
Provide specialized medical evaluation and treatment made available to clients as part of the team response, either at the CAC or through coordination and referral with other specialized medical providers;
(7)
Offer therapeutic intervention through specialized mental health services made available as part of the team response, either at the child advocacy center or through coordination and referral with other appropriate treatment providers;
(8)
Offer victim support and advocacy as part of the team response, either at the child advocacy center or through coordination with other providers, throughout the investigation and subsequent legal proceedings;
(9)
Conduct team discussions and provide information sharing regarding the investigation, case status, and services needed by the child and family are to occur on a routine basis;
(10)
Develop and implement a system for monitoring case progress and tracking case outcomes for team components; and
(11)
Shall establish a safe exchange location for children and families who have a parenting agreement or an order providing for visitation or custody of the children that require a safe exchange location.
(b)
As used in this section, “cultural competency” means the capacity to function in more than one culture, requiring the ability to appreciate, understand, and interact with members of diverse populations within the local community.
History of Section.
P.L. 2018, ch. 189, § 2; P.L. 2018, ch. 262, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-19. - Parents with disabilities.

§ 40-11-19. Parents with disabilities.
The department shall investigate reports of child abuse and neglect as mandated in this chapter. A parent’s disability, as defined in § 42-87-1, will not constitute sole grounds to initiate an investigation or a finding of child abuse or neglect; provided, that nothing in this section shall:
(1)
Prevent a child from being considered abused or neglected if a child is harmed or threatened with harm as described in § 40-11-2; or
(2)
Preclude the court from ordering the furnishing of supportive parenting services to address any impending or actual danger to the child.
History of Section.
P.L. 2021, ch. 19, § 2, effective May 26, 2021; P.L. 2021, ch. 20, § 2, effective May 26, 2021.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-11 - Abused and Neglected Children › Section 40-11-20. - Military family advocacy program.

§ 40-11-20. Military family advocacy program.
(a)
The department shall enter into a memorandum of understanding with the military family advocacy program at a local military installation with respect to child abuse and neglect investigations.
(b)
Such memorandum of understanding shall establish procedures and protocols for matters including, but not limited to:
(1)
Identifying an individual alleged to have committed abuse or neglect as military personnel;
(2)
Reporting to a military family advocacy program when an investigation implicating military personnel has been initiated; and
(3)
Maintaining confidentiality requirements under state and federal law.
(c)
For the purposes of this section, “military family advocacy program” means the program established by the United States Department of Defense to address child abuse and neglect in military families.
History of Section.
P.L. 2022, ch. 47, § 2, effective June 7, 2022; P.L. 2022, ch. 48, § 2, effective June 7, 2022.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-1. - Definitions.

§ 40-13.2-1. Definitions.
For the purpose of this chapter:
(1)
“Child” means any person less than eighteen (18) years of age, provided that a person over eighteen (18) years of age and not yet twenty-one (21) years of age who is nevertheless subject to continuing jurisdiction of the family court, pursuant to chapter 1 of title 14; or is identified as emotionally disturbed, as defined in chapter 7 of title 40.1 [repealed]; or is identified as developmentally delayed, in accordance with § 40.1-1-8; shall be a child for purposes of this chapter.
(2)
“Department” means the department of children, youth and families.
(3)
“Director” means the director of the department of children, youth and families, or the designee of the director.
(4)
“Person” when used to describe the owner or operator of a facility that must be licensed or registered with the department or when used to describe a youth-serving agency worker includes individuals, associations, and corporations.
(5)
“Volunteer” means any person providing volunteer services who has supervisory or disciplinary authority over a child or children or whose work involves routine contact with a child or children without the presence of other employees or volunteers.
(6)
“Youth-serving agency” means any facility or program that is operated for more than two (2) hours per day at least one day per week and that provides programs and activities for children and employs persons who have supervisory or disciplinary authority over a child or children. School programs operated by schools certified under the provisions of title 16 are not considered youth-serving agencies pursuant to this chapter.
(7)
“Youth-serving agency worker” means any person in the employ of a youth-serving agency who has supervisory or disciplinary authority over a child or children or whose work involves routine contact with a child or children without the presence of other employees. This shall include any private vendor, independent contractor, contract employee or those who are hired by a third party that has contracted with the youth-serving agency to provide services and whose work involves routine contact with a child or children without the presence of other employees.
History of Section.
P.L. 1985, ch. 334, § 1; P.L. 1997, ch. 217, § 2; P.L. 1997, ch. 228, § 2; P.L. 1997, ch. 322, § 2; P.L. 2017, ch. 401, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-2. - Qualification for childcare employment.

§ 40-13.2-2. Qualification for childcare employment.
Notwithstanding any other provisions of law to the contrary, any person seeking to operate or seeking employment in any facility which is, or is required to be, licensed or registered with the department of children, youth and families, the department of human services, or seeking employment at the training school for youth if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, shall undergo an employment background check, a CANTS (child abuse and neglect tracking system) check of substantiated complaints, and criminal records check as provided for in this chapter. The director of the department of children, youth and families and the director of the department of human services may by rule identify those positions requiring background checks, CANTS checks, and criminal records checks.
History of Section.
P.L. 1985, ch. 334, § 1; P.L. 1990, ch. 411, § 1; P.L. 2019, ch. 88, art. 3, § 8.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-3. - Employment background checks.

§ 40-13.2-3. Employment background checks.
Any person seeking to operate a facility which is, or is required to be, licensed or registered with the department will submit an affidavit to the department providing information relating to individual employment history as shall be required by rule promulgated by the director. Any person operating a facility which is, or is required to be, licensed or registered with the department shall require all persons seeking employment, if that employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees, to execute a similar affidavit prior to employment and will maintain the affidavit on file subject to inspection by the director. Failure to require the affidavit or failure to maintain the affidavit on file will be prima facie grounds to revoke the license or registration of the operator of the facility.
History of Section.
P.L. 1985, ch. 334, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-3.1. - CANTS (Child Abuse and Neglect Tracking System) check — Operators and employees.

§ 40-13.2-3.1. CANTS (Child Abuse and Neglect Tracking System) check — Operators and employees.
Any person seeking to operate a facility which is, or is required to be, licensed or registered with the department or who is seeking employment, if the employment involves supervisory or disciplinary power over a child or children or involves routine contact with a child or children without the presence of other employees in any facility which is, or is required to be, licensed or registered with the department or who is seeking such employment at the training school for youth shall, after acceptance by the employer of the affidavit required by § 40-13.2-3, apply to the appropriate agency for a CANTS (child abuse and neglect tracking system) check. The department is authorized and directed to promulgate rules and regulations to impose such fees or charges as may be appropriate to implement the provisions of this section.
History of Section.
P.L. 1990, ch. 411, § 2; P.L. 2011, ch. 151, art. 17, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-4. - Criminal records check — Operators of childcare facilities that must be licensed or registered with the department.

§ 40-13.2-4. Criminal records check — Operators of childcare facilities that must be licensed or registered with the department.
Any person seeking to operate a facility, that is, or is required to be, licensed or registered with the department of human services or the department of children, youth and families, shall apply to the Rhode Island bureau of criminal identification, attorney general’s office, or the department of children, youth and families or the state or local police department, for a nationwide criminal records check. The check will conform to the applicable federal standards, including the taking of fingerprints to identify the applicant, and any expense associated with providing the criminal records check shall be paid by the applicant and/or requesting agency. The director of the department of human services or the department of children, youth and families will determine by rule those items of information appearing on a criminal records check that constitute disqualifying information because that information would indicate that the employment could endanger the health or welfare of a child or children. Upon the discovery of any disqualifying information with respect to a proposed operator, the Rhode Island bureau of criminal identification will inform the director of the department of human services or the department of children, youth and families, in writing, of the nature of the disqualifying information.
History of Section.
P.L. 1985, ch. 334, § 1; P.L. 1988, ch. 247, § 1; P.L. 1997, ch. 217, § 2; P.L. 1997, ch. 228, § 2; P.L. 1997, ch. 322, § 2; P.L. 2011, ch. 220, § 2; P.L. 2011, ch. 240, § 2; P.L. 2016, ch. 147, § 3; P.L. 2016, ch. 154, § 3; P.L. 2019, ch. 88, art. 3, § 8.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-4.1. - Criminal records check — Operators of youth-serving agencies.

§ 40-13.2-4.1. Criminal records check — Operators of youth-serving agencies.
(a)
Any person seeking to operate a facility or program which is a youth-serving agency shall apply to the bureau of criminal identification of the attorney general’s office for a criminal records check. Those items of information appearing on a criminal records check that have been determined to constitute disqualifying information by the director pursuant to § 40-13.2-4 of this chapter shall also constitute items of disqualifying information pursuant to this section.
(b)
Upon the discovery of any disqualifying information, as defined in accordance with the rule promulgated by the director, the bureau of criminal identification of the attorney general’s office will inform the applicant, in writing, of the nature of the disqualifying information. In addition, the bureau of criminal identification of the attorney general’s office will inform the applicant, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying information has been discovered.
(c)
In those situations in which no disqualifying information has been found, the bureau of criminal identification of the attorney general’s office will inform the applicant, in writing, of this fact.
(d)
The operator or proposed operator of the youth-serving agency will maintain on file a document issued by the bureau of criminal identification of the attorney general’s office stating that no disqualifying information has been discovered as regards the operator or proposed operator of the youth-serving agency, and this document shall be made available for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the youth-serving agency. The operator will also maintain on file, and make available for inspection by the parent(s)/guardian(s) of any child enrolled in the programs of the youth-serving agency, evidence that criminal records checks have been obtained on all employees of the youth-serving agency pursuant to § 40-13.2-5.1, and the results of the checks.
History of Section.
P.L. 1997, ch. 217, § 3; P.L. 1997, ch. 228, § 3; P.L. 1997, ch. 322, § 3; P.L. 2006, ch. 216, § 24.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-5.2. - Criminal records check — Employees of the department of children, youth and families.

§ 40-13.2-5.2. Criminal records check — Employees of the department of children, youth and families.
(a)
Any person seeking employment with the department of children, youth and families shall apply to the bureau of criminal identification (BCI), department of attorney general, state police, or local police department where the applicant resides, or the department of children, youth and families, for a national and state criminal records check. The check shall conform to the applicable federal standards, including the taking of fingerprints to identify the applicant. The director shall determine by rule those items of information appearing on a criminal records check that constitute disqualifying information because the information would indicate that employment could endanger the health or welfare of a child or children and would be inconsistent with the purpose and intent of the department of children, youth and families.
(b)
The department of attorney general, the state police, or the local police department shall forward the results of the nationwide and state criminal record checks, including the nature of any criminal record, on the individual to the individual and to the department of children, youth and families. Upon the discovery of any disqualifying information with respect to an applicant, the department of children, youth and families shall inform the applicant of the disqualifying information.
(c)
The cost of criminal record checks required by this section for individuals who are not currently employed by the state of Rhode Island shall be the responsibility of the applicant. The cost of criminal records checks required by this section for individuals who are currently employed by the state of Rhode Island shall be the responsibility of the department of children, youth and families.
(d)
Any individual required to submit to a criminal background check, state and/or federal, under subsection (a) above who has submitted to a criminal background check conducted within the previous six (6) months in accordance with § 14-1-34 and/or § 15-7-11 and/or §§ 40-13.2-2, 40-13.2-4, 40-13.2-5, and/or § 40-13.2-9, shall be exempt from an additional check but shall request the department of attorney general, the state police, or the local police department that conducted the check forward the results, including the nature of the criminal record, to the department of children, youth and families.
History of Section.
P.L. 2011, ch. 234, § 1; P.L. 2011, ch. 252, § 1; P.L. 2016, ch. 147, § 3; P.L. 2016, ch. 154, § 3.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-6. - Prior criminal records checks.

§ 40-13.2-6. Prior criminal records checks.
If an applicant for employment has undergone a criminal records check pursuant to § 40-13.2-4, 40-13.2-4.1, 40-13.2-5, or 40-13.2-5.1 within eighteen (18) months of an application for employment, then an 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 youth-serving agencies pursuant to §§ 40-13.2-4.1 and 40-13.2-5.1 a letter indicating if any disqualifying information was discovered. The bureau of criminal identification will respond by stating if an item of disqualifying information was discovered without disclosing the nature of the disqualifying information or by stating that no disqualifying information was discovered. The letter may be maintained on file to satisfy the requirements of § 40-13.2-4, 40-13.2-4.1, 40-13.2-5, or 40-13.2-5.1.
History of Section.
P.L. 1985, ch. 334, § 1; P.L. 1988, ch. 247, § 1; P.L. 1997, ch. 217, § 2; P.L. 1997, ch. 228, § 2; P.L. 1997, ch. 322, § 2.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-7. - Rules and regulations.

§ 40-13.2-7. Rules and regulations.
The director is authorized to promulgate rules and regulations to carry out the intent of this chapter.
History of Section.
P.L. 1985, ch. 334, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-13.2 - Certification of Childcare and Youth-Serving Workers and Operators › Section 40-13.2-8. - Destruction of fingerprint records.

§ 40-13.2-8. Destruction of fingerprint records.
At the conclusion of any background check required by this chapter, the state police or the local police department will promptly destroy the fingerprint card of the applicant.
History of Section.
P.L. 1986, ch. 66, § 1; P.L. 1988, ch. 247, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-1. - Definitions.

§ 40-14-1. Definitions.
For the purpose of this chapter, the following terms shall have the following meanings:
(1)
“Department” means the state department of human services.
(2)
“Director” means the director of the department of human services.
(3)
“Fund” means the equipment loan fund for people with disabilities.
(4)
“Person with a disability” means any person who has a physical or mental impairment, whether congenital or resulting from trauma or disease, that substantially limits one or more major life activities.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-2. - Fund established.

§ 40-14-2. Fund established.
There is hereby established a separate fund within the general fund to be called the equipment loan fund for people with disabilities, which shall be administered by the general treasurer in accordance with the same laws and fiscal procedures as the general funds of the state. There is hereby appropriated to this fund the sum of one hundred thousand dollars ($100,000). The department through its vocational rehabilitation agency shall be responsible for the administration of the program but may contract with organizations in carrying out the provisions of this chapter. All payments of interest and repayments of principal made by recipients of loans under this chapter shall be credited to general revenues.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1995, ch. 370, art. 40, § 122; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-3. - Purpose of fund.

§ 40-14-3. Purpose of fund.
The fund shall provide loans to finance the purchase or replacement of essential equipment used by persons with disabilities for daily living or vocational functioning, including, but not limited to, prostheses, ramps, wheelchairs, wheelchair van lifts, and devices enabling persons with vision impairment to utilize printed materials.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-4. - Eligibility.

§ 40-14-4. Eligibility.
Eligibility for loans from the fund shall be based upon need pursuant to rules and regulations promulgated by the director. It is the intent of the general assembly that loans from the fund be available to persons with disabilities whose personal financial resources are such that they cannot purchase the equipment directly without undue hardship.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-5. - Persons to whom available.

§ 40-14-5. Persons to whom available.
Loans shall be made available directly to the person with a disability or, where appropriate, to the parent or legal guardian of the person with a disability.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-6. - Maximum loan.

§ 40-14-6. Maximum loan.
Loans from the fund shall not exceed a total of five thousand dollars ($5,000) per applicant.
History of Section.
P.L. 1988, ch. 611, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-7. - Interest rates.

§ 40-14-7. Interest rates.
Interest rates for loans from the fund shall be established by the director; provided, however, that those rates shall be substantially lower than the prevailing rate of interest in this state for comparable loans, and shall not exceed five percent (5%). The term of the loan shall not exceed ten (10) years.
History of Section.
P.L. 1988, ch. 611, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-8. - Rules and regulations.

§ 40-14-8. Rules and regulations.
The director shall, with the advice of the governor’s commission on disabilities, promulgate rules and regulations concerning eligibility, interest rates, repayment terms, and other matters as are necessary and proper to carry out the purpose of this chapter.
History of Section.
P.L. 1988, ch. 611, § 1; P.L. 1999, ch. 83, § 102; P.L. 1999, ch. 130, § 102.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-9. - Reports.

§ 40-14-9. Reports.
The director shall file reports with the governor and the general assembly on or before January 30, 1989, 1990, and 1991. Each report shall include a detailed accounting of the loans from and repayments to the fund during the preceding calendar year; the director’s recommendation as to whether the fund’s maximum total loan authority, as set forth in § 40-14-6, should be increased or reduced; and other information as the director deems relevant to an evaluation of the performance of the fund.
History of Section.
P.L. 1988, ch. 611, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14 - Equipment Loan Fund for People with Disabilities › Section 40-14-10. - Loans.

§ 40-14-10. Loans.
Loans made under the provisions of this chapter shall be exempt from truth in lending and loan licensure provisions of the Rhode Island general laws.
History of Section.
P.L. 1988, ch. 611, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14.1 - Technology-Related Assistance for Individuals with Disabilities Program › Section 40-14.1-1. - Authority to establish program — Administration.

§ 40-14.1-1. Authority to establish program — Administration.
The department of human services is hereby authorized to establish a technology-related assistance for individuals with disabilities program. The department of human services shall be responsible for the administration of the program but may contract with other state agencies or nonprofit organizations in connection with the program. The director shall promulgate rules and regulations concerning eligibility and such other matters as are necessary and proper to carry out the purposes of this chapter. This program shall be administered in a manner to supplement but not supplant other existing programs.
History of Section.
P.L. 1990, ch. 417, § 1.
2023 Rhode Island General Laws › Title 40 - Human Services › Chapter 40-14.1 - Technology-Related Assistance for Individuals with Disabilities Program › Section 40-14.1-2. - Assistive technology services.

§ 40-14.1-2. Assistive technology services.
Services that may be provided eligible persons if not available from other sources include assistive technology services and devices. For the purposes of this chapter, “assistive technology services” shall mean any service that directly assists an individual with a disability in the selection, acquisition, or use of an assistive technology device. Services shall include:
(1)
The evaluation of the needs of an individual with a disability, including a functional evaluation of the individual in the individual’s customary environment;
(2)
Purchasing, leasing, or otherwise providing for the acquisition of assistive technology devices by individuals with disabilities;
(3)
Selecting, designing, fitting, customizing, adapting, applying, maintaining, repairing, or replacing of assistive technology devices;
(4)
Coordinating of resources and services related to assistive technology devices;
(5)
Training or technical assistance for an individual with disabilities, or, where appropriate, the family of an individual with disabilities; and
(6)
Training or technical assistance for professionals (including individuals providing education and rehabilitation services), employers, or other individuals who provide services to, employ, or are otherwise substantially involved in the major life functions of individuals with disabilities. For the purpose of this chapter, “assistive technology device” means any item, piece of equipment, or product system, whether acquired commercially, off the shelf, modified or customized, that is used to increase, maintain, or improve functional capabilities of individuals with disabilities.
History of Section.
P.L. 1990, ch. 417, § 1.