reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 6 - Mental Health Emergency Service Interventions for Children, Youth and Families Regulations for Certification (214-RICR-40-00-6) › Section 214-RICR-40-00-6.3 - CERTIFICATION PROCESS FOR PROVIDERS OF EMERGENCY SERVICE INTERVENTIONS

Current through June 14, 2024
A. Organizations
				 applying to be certified as Providers of children's emergency service
				 interventions complete and submit an application for certification for mental
				 health emergency interventions to the Department. The following information
				 must be included with the application:
1.
				 Documentation of contracts with the RIte Care HMOs as a behavioral health
				 provider.
2. Documentation of
				 Certification by the Council on Accreditation of the Child Welfare League of
				 America (COA) or Joint Commission on Accreditation of Hospital Organizations
				 (JCAHO) or Commission on Accreditation of Rehabilitation Facilities (CARF) and
				 licensure by the Department of Behavioral Healthcare, Developmental
				 Disabilities and Hospitals (BHDDH).
3. A description of the organization's
				 delivery of children's emergency service interventions that specifically
				 addresses:
a. Staffing of Child-Family
				 competent clinicians;
b.
				 Twenty-four hour per day, seven (7) day per week live telephone coverage with
				 administrative back up;
c.
				 Determination of child-family competency in recruitment, training and
				 supervision of clinical staff;
4. A commitment to reporting to the
				 Department and RIte Care on monthly activity using the Department reporting
				 format and a commitment to develop internal review mechanisms to monitor
				 compliance with these standards.
5.
				 A statement identifying the geographical areas the organization can reliably
				 serve based on knowledge of and access to local mental health and
				 community-based services and the organization's ability to meet the timelines
				 within these standards.
6. Elements
				 of the organization's quality improvement plan that relate to children's
				 behavioral health services.
7. A
				 statement assuring compliance with Department Operating Procedure 100.0215,
				 Criminal Record Checks and 100.0155, Clearance of Agency Activity.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 6 - Mental Health Emergency Service Interventions for Children, Youth and Families Regulations for Certification (214-RICR-40-00-6) › Section 214-RICR-40-00-6.4 - DURATION OF CERTIFICATION

Current through June 14, 2024
The Department certifies a Provider for two (2) years from
					 the approval date based on satisfactory compliance with this regulation.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 7 - Group Family Child Care Home Regulations for Licensure (214-RICR-40-00-7) › Section 214-RICR-40-00-7.1 - GENERAL PROVISIONS

Current through June 14, 2024
7.1.1
LEGAL
				 BASIS
A. R.I. Gen. Laws § 42-72.1
				 - Licensing and Monitoring of Child Care Providers and Child-Placing
				 Agencies
B. R.I. Gen. Laws §
											42-72-5 - Department of Children, Youth and Families (Power and Scope of
				 Activities)
C. R.I. Gen. Laws
				 § 40-13.2 - Certification of Child Care and Youth Serving Agency
				 Workers
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 40 - Licensing › Subchapter 00 - N/A › Part 7 - Group Family Child Care Home Regulations for Licensure (214-RICR-40-00-7) › Section 214-RICR-40-00-7.2 - LICENSING PROVISIONS

Current through June 14, 2024
7.2.1
APPLICATION PROCESS
A.
				 Orientation and Pre-service Training
1. An
				 applicant interested in becoming a child care provider must attend a DCYF
				 Family Child Care orientation. During the orientation, the licensing
				 application packet is given to the applicant.
2. Applicant must complete an approved Family
				 Child Care training program prior to submitting application to DCYF.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.1 - Purpose

Current through June 14, 2024
This regulation details the responsibilities of the
					 Department's Legal Counsel which represents the Department in Family Court
					 proceedings related to child abuse and neglect, in commitment trials and in
					 termination of parental rights, civil litigation in state and federal courts
					 and administrative and labor tribunals.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §§
										14-1-5,
					  15-7-4,
					  15-7-5,
					  40-11-7,
					 and 40-12-15, and the Indian Child Welfare Act (ICWA) ( Pub. L. 95-608, 92
					 Stat.3069).
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.3 - Application

Current through June 14, 2024
The terms and provisions of these regulations shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state law, goals, and policies.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.4 - Severability

Current through June 14, 2024
If any provision of these regulations or application
					 thereof to any person or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the regulations shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.5 - Definitions

Current through June 14, 2024
A. "Beyond a reasonable doubt" means the most
				 stringent standard of proof and is used in criminal and delinquency
				 proceedings.
B. "Child abuse and
				 neglect (CA/N)" means a child whose physical or mental health or welfare is
				 harmed, or threatened with harm, when his or her parent or other person
				 responsible for his or her welfare:
1.
				 Inflicts, or allows to be inflicted, upon the child physical or mental injury,
				 including excessive corporal punishment; or
2. Creates, or allows to be created, a
				 substantial risk of physical or mental injury to the child, including excessive
				 corporal punishment; or
3. Commits,
				 or allows to be committed, against the child, an act of sexual abuse;
				 or
4. Fails to supply the child
				 with adequate food, clothing, shelter, or medical care, though financially able
				 to do so or offered financial or other reasonable means to do so; or
5. Fails to provide the child with a minimum
				 degree of care or proper supervision or guardianship because of his or her
				 unwillingness or inability to do so by situations or conditions such as, but
				 not limited to: social problems, mental incompetency, or the use of a drug,
				 drugs, or alcohol to the extent that the parent or other person responsible for
				 the child's welfare loses his or her ability or is unwilling to properly care
				 for the child; or
6. Abandons or
				 deserts the child; or
7. Sexually
				 exploits the child in that the person allows, permits, or encourages the child
				 to engage in prostitution as defined by the provisions in R.I. Gen. Laws §
											11-34.1-1 et seq., entitled "Commercial Sexual Activity"; or
8. Sexually exploits the child in that the
				 person allows, permits, encourages, or engages in the obscene or pornographic
				 photographing, filming, or depiction of the child in a setting that taken as a
				 whole, suggests to the average person that the child is about to engage in, or
				 has engaged in, any sexual act, or that depicts any such child under 18 years
				 of age performing sodomy, oral copulation, sexual intercourse, masturbation, or
				 bestiality; or
9. Commits, or
				 allows to be committed, any sexual offense against the child as such sexual
				 offenses are defined by the provisions of R.I. Gen. Laws Chapter 11-37,
				 entitled "Sexual Assault", as amended; or
10. Commits, or allows to be committed,
				 against any child an act involving sexual penetration or sexual contact if the
				 child is under fifteen (15) years of age; or if the child is fifteen (15) years
				 or older, and (1) force or coercion is used by the perpetrator, or (2) the
				 perpetrator knows, or has reason to know, that the victim is a severely
				 impaired person as defined by the provisions of R.I. Gen. Laws §
											11-5-11,
				 or physically helpless as defined by the provisions of R.I. Gen. Laws Chapter
				 11-37.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.6 - Voluntary Placement

Current through June 14, 2024
A. The Department
				 may accept a request for voluntary placement of a child if the child could
				 benefit from foster care or residential treatment services.
B. Voluntary placements may be authorized
				 when precipitating problems are expected to be resolved within six (6) months
				 unless the child has an emotional, behavioral, or mental disorder or
				 developmental or physical disability. It must also be clearly documented that
				 home-based or preventive services have not been successful or do not appear to
				 be appropriate, that alternative resources are unavailable, and that court
				 action is unnecessary.
C. Upon the
				 timely request of a parent(s) or guardian, the Department must return the child
				 to the parent(s) or guardian or obtain a valid court order prohibiting the
				 child's return.
D. The Department
				 petitions the Family Court within 120 days of admitting a child on a voluntary
				 basis to determine if continued placement outside of the home of the parent is
				 in the child's best interest.
E.
				 The Family Court conducts a hearing within 180 days of the voluntary placement
				 of the child.
F. Any child in
				 voluntary placement is subject to the same provisions relating to
				 administrative reviews, permanency hearings and time frames for permanency,
				 including termination of parental rights, for all children in out of home
				 placement.
G. When any child,
				 except a child with disabilities, remains in voluntary placement for a period
				 of twelve (12) months, the Department must petition the Family Court to request
				 care, custody and control of the child.
H. The Department will not seek custody of a
				 child with an emotional, behavioral or mental disorder or developmental or
				 physical disability who has been voluntarily placed with the Department by a
				 parent or guardian for the purpose of accessing an out-of-home program for the
				 child in a facility that provides services for children with disabilities when
				 there are no issues of parental abuse or neglect.
I. The Department pays for the support and
				 maintenance of children in its care who are placed outside of their natural
				 home through court action or by Voluntary Application/Authorization/Consent.
				 The Department may seek reimbursement from the parents of children in
				 placement.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.7 - Indian Child Welfare Act

Current through June 14, 2024
The Department protects the rights of Indian children,
					 families, and tribes in compliance with the Indian Child Welfare Act
					 (ICWA).
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.8 - Obtaining Custody via Dependent/Neglected/Abused Petition

Current through June 14, 2024
A. The Department
				 petitions the Family Court for the commitment of a child to the care, custody
				 and control of the Department when the child is alleged to be dependent,
				 neglected and/or abused.
B. If the
				 child appears to be in imminent danger of further harm, the Department
				 petitions the Family Court for immediate removal of that child from his/her
				 home through an Ex Parte Order of Detention. The Department must obtain
				 judicial determination regarding reasonable efforts to prevent removal within
				 sixty (60) days of the date the child was removed from the home.
C. Once a petition has been filed, the Family
				 Court may find the child is dependent, neglected and/or abused and may commit
				 that child to the care, custody, and control of the Department or place the
				 child under the legal supervision of the Department.
D. Any child who is alleged to be abused or
				 neglected as a subject of a petition in Family Court, has a Guardian Ad Litem
				 and/or a Court Appointed Special Advocate (CASA) assigned by the
				 Court.
E. A Permanency Hearing must
				 take place within twelve (12) months of a child's placement in foster care and
				 every twelve (12) months thereafter until permanency is achieved and the case
				 closes.
F. If a parent does not
				 contact the Department once the child comes into foster care, the Department
				 attempts to locate the parent. Unless there is evidence of unfitness based on
				 abandonment, cruel and abusive treatment of a child, prior termination of
				 parent rights, or other grounds which allow for immediate filing of a
				 Termination of Parental Rights petition, the Department offers reunification
				 services to correct the situation which led to placement. A permanency hearing
				 is held within thirty (30) days of a judicial determination that reasonable
				 efforts are not required.
G. If a
				 putative father notifies the Department that he may be the father of a child in
				 care, steps are taken to determine paternity. If a putative father appears in
				 court and executes a denial of paternity form or fails to appear at arraignment
				 and is defaulted, the Family Court finds that the Department has no duty to
				 make reasonable efforts to strengthen and encourage the relationship between
				 the child and putative father.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.9 - Termination of Parental Rights

Current through June 14, 2024
A. The Department
				 makes reasonable efforts to prevent or eliminate the need for placement of a
				 child outside the home, as long as the child's safety is assured; to affect the
				 safe reunification of the child and family, if out of home placement is
				 necessary; and to make and finalize alternate permanency plans in a timely
				 manner when reunification is not appropriate or possible, as noted in §
										1.9(B)(1)
				 (c).
B. Reasonable efforts must be made by the
				 Department prior to the filing of the petition to encourage and strengthen the
				 parental relationship so that the child can safely return to the family.
				 Services are provided to the birth parent(s) of a child in an effort to assist
				 the parent, the child, and the Department in determining the best permanent
				 plan for the child. If services do not result in the reunification of a child
				 with his or her family, the Department has the responsibility to consider
				 adoption or some other permanent plan for the child.
1. There are specific circumstances when
				 federal and state law do not require the Department to make reasonable efforts
				 to preserve and reunify families. Reasonable efforts are not required and the
				 Department may petition the court for termination of parental rights if the
				 Court has determined:
a. Parent has subjected
				 any child to conduct of a cruel and abusive nature;
b. Parent has had his/her parental rights to
				 a sibling of the child terminated involuntarily;
c. Parent has subjected the child to
				 aggravated circumstances, including abandonment, torture, chronic abuse and
				 sexual abuse;
d. Parent has
				 committed murder or voluntary manslaughter on another child of the parent or
				 has committed a felony assault that results in serious bodily injury to the
				 child or another child of the parent or has aided, abetted, attempted,
				 conspired or solicited to commit such a murder or voluntary manslaughter;
				 or
e. Parent has abandoned or
				 deserted the child.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.10 - Direct Consent Adoption

Current through June 14, 2024
A. A parent may
				 voluntarily sign a Direct Consent Adoption petition for the adoption of his/her
				 child by the person(s) currently providing care.
B. The biological parent(s) must be notified
				 of and be present at the hearing on the petition to testify to his/her decision
				 to consent to the adoption.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.11 - Foster Parent Notice of Court Proceeding

Current through June 14, 2024
A. The
				 Department provides written notice to foster parents and relative caregivers
				 with whom children in the care of the Department are placed, of any review or
				 hearing held in Family Court with respect to those children. This includes all
				 hearings scheduled both prior to and subsequent to commitment resulting from
				 dependency/neglect/abuse petitions and all hearings related to termination of
				 parental rights petitions.
B.
				 Foster parents have the right to attend these court proceedings and to present
				 verbal reports or file written reports with the Court regarding the children
				 placed in their care.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.12 - Family Court Hearings for Out-of-State Placements

Current through June 14, 2024
A. The Department is mandated to petition the
				 Rhode Island Family Court for a placement hearing prior to authorizing
				 placement of a child entrusted to the care of the Department in an out-of-state
				 child care facility.
B. A Family
				 Court hearing is not necessary if the child will be placed in the home of a
				 relative or if the out-of-state child care facility is located less than 35
				 miles from the home of the parent previously having custody of the
				 child.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.13 - Referral of Unlicensed Daycare Facilities to the Attorney General Office

Current through June 14, 2024
A. The Department
				 investigates any complaints received regarding unlicensed daycare
				 operations.
B. If it is determined
				 that daycare is being provided, the Department sends written notification
				 requiring the individual(s) to cease and desist from providing unlicensed day
				 care and giving the individual(s) thirty (30) days to begin the licensing
				 process. Failure to comply with the cease and desist order will result in
				 referral to the Attorney General's office for enforcement.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.14 - Coordinating Efforts with Office of the Attorney General in Criminal Prosecution

Current through June 14, 2024
A. Pursuant to R.I.
				 Gen. Laws §
										40-11-7,
				 if the Department has reasonable cause to know or suspect that a child has been
				 subjected to criminal abuse or neglect, the Department will immediately forward
				 any information relating to the knowledge or suspicion to the appropriate law
				 enforcement agency.
B. The Office
				 of the Attorney General is vested with the legal responsibility to determine
				 whether or not legal grounds exist to pursue criminal prosecution in cases
				 involving child abuse and/or neglect. In many of these cases, the Department
				 has intervened to provide services intended to ensure for the protection and
				 safety of children who are victims of child abuse and/or neglect. In such
				 cases, it is important that staff within the respective agencies coordinate
				 efforts to ensure the safety and protection of these children.
C. Upon notice of a criminal investigations
				 of child abuse and/or neglect from a law enforcement agency, the Juvenile
				 Division of the Office of the Attorney General (AG) forwards a request for
				 information to the Department's Office of Legal Counsel.
D. The Department's Legal Office provides the
				 AG's Office with the following information:
1. A copy of the Child Protective Services
				 (CPS) investigation which relates to the criminal investigation.
2. Conformation as to whether or not the
				 Department has initiated a child protection custody petition and/or whether or
				 not the case is currently active with the Department.
3. Name and telephone number of the casework
				 supervisor assigned to the case.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 50 - LEGAL › Subchapter 00 - N/A › Part 1 - Legal Proceedings › Section 214-RICR-50-00-1.15 - Videotaping of Child Abuse and/or Neglected Victims

Current through June 14, 2024
A. Interviews or statements of children
				 victims who otherwise would risk additional emotional harm can be recorded on
				 videotape. The twofold intent of the Department in videotaping a child is:
1. to avoid unnecessary and/or repetitive
				 interviews; and
2. when possible,
				 to use the videotape in lieu of at least a portion of the child's direct
				 testimony in Family Court.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.1 - Purpose

Current through June 14, 2024
A. R.I. Gen. Laws §
										14-1-36.2 provides that children and youth placed in the custody of the Department of
				 Children, Youth and Families (hereinafter, the Department) receive suitable
				 treatment, rehabilitation and care in the least restrictive
				 environment.
B. The mission of the
				 Rhode Island Training School (RITS) is to provide care in a secure facility to
				 youth who are detained or adjudicated by order of the Family Court. The
				 Training School promotes public safety and rehabilitation of residents through
				 a comprehensive continuum of services provided in partnership with families,
				 the community, and the Department in the least restrictive setting compatible
				 with youth and community safety. Supervision, security, education, behavioral
				 health, health and transition services are provided in an individualized,
				 culturally, and gender sensitive manner.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws Chapters 42-72, 42-72.1, R.I. Gen. Laws §§
										42-72-2,
					  42-72-3,
					  42-72-4,
					  42-72-5,
					  42-72-15,
					  42-72.6-1,
					  42-72.6-2,
					  42-72-17.2,
					  14-1-3,
					  14-1-6,
					  14-1-6.2,
					  14-1-27,
					  14-1-36.1,
					  14-1-36.2,
					  14-1-40,
					 Prison Rape Elimination Act of 2003,
					 Pub. L. No.
					 108-79, Juvenile Justice and Delinquency
					 Prevention Act of 1974, Pub. L. No. 93-415, Individuals with Disabilities
					 Education Act, Pub. L. No. 94-142.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.3 - Application

Current through June 14, 2024
The terms and provisions of these regulations shall be
					 liberally construed to permit the Department to effectuate the purposes of
					 state law, goals and policies.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.4 - Severability

Current through June 14, 2024
If any provision of these regulations or application
					 thereof to any person or circumstance is held invalid by a court of competent
					 jurisdiction, the validity of the remainder of the regulations shall not be
					 affected thereby.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.5 - Definitions

Current through June 14, 2024
A. "Department" means the Department of
				 Children, Youth and Families.
B.
				 "RITS" means the Rhode Island Thomas C. Slater Training School for detained or
				 adjudicated youth. Youth are placed at the RITS by order of the Family
				 Court.
C. "Sexual abuse" means any
				 of the following acts, if the victim does not consent, is coerced into such act
				 by overt or implied threats of violence, or is unable to consent or refuse:
1. Sexual contact;
2. Penetration of the anal or genital opening
				 of another person, however slight, by a hand, finger, object, or other
				 instrument; and
3. Any other
				 intentional touching;
4. Any
				 attempt, threat, or request to engage in sexual activities;
5. Any display by a staff member, contractor,
				 or volunteer of his or her uncovered genitalia, buttocks, or breast in the
				 presence of an inmate, detainee, or resident; and
6. Voyeurism by a staff member, contractor,
				 or volunteer.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.6 - General Administration

Current through June 14, 2024
A. The Department
				 of Children, Youth and Families is the governing authority for the Division of
				 Juvenile Corrections.
B. The
				 Division of Juvenile Corrections maintains the Training School as required by
				 statute to meet the rehabilitation and community safety needs of male and
				 female youth placed by order of the Family Court.
C. All Training School employees, and all
				 contractors and consultants who do business at or in any of the components of
				 the Training School, must undergo criminal background checks and must submit to
				 the following criminal background checks every fifth (5th) year of their
				 employment or contractual/consultant relationship with the Training School.
1. Such background checks are conducted
				 during the anniversary month of the employee's date of hire or assignment to
				 the Training School. In the case of contractors/consultants, such background
				 checks are conducted during the anniversary month of the start of that
				 individuals work with the Training School.
2. Five-year criminal background checks are
				 done using State Bureau of Criminal Investigation (BCI) checks.
3. For employees covered by this policy,
				 failure to submit to these checks may be used as cause for disciplinary action,
				 up to and including dismissal from employment with cause.
4. For consultants and contractors covered by
				 this policy, failure to submit to these checks may be used as cause for
				 termination with cause of any and all agreements for consulting or contracting
				 with the Department, with the consultant/contractor forfeiting any and all
				 future payments within their contract for services with the
				 Department.
5. Any criminal
				 information found in these checks are subject to administrative review and
				 appropriate disposition.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.7 - Prison Rape Elimination Act

Current through June 14, 2024
A. The RITS
				 complies with the federal Prison Rape Elimination Act (PREA) to provide a safe
				 and therapeutic environment for all youth. Department Operating Procedures
				 outline and implement a comprehensive approach to preventing, detecting and
				 responding to sexual abuse, including voyeurism, and sexual
				 harassment.
B. Any physical contact
				 of a sexual or sexualized nature between any RITS provider, vendor, contractor,
				 volunteer, or staff toward a youth detained or adjudicated at the RITS is
				 deemed abusive; such contact is reported to the Child Protective Services (CPS)
				 Hotline and is subject to an investigation by CPS.
1. The Department has zero tolerance for
				 voyeurism or sexual harassment by any Department provider, contractor,
				 volunteer or staff toward a youth detained or adjudicated at the RITS and
				 includes voyeurism and/or sexual harassment as a form of sexual
				 abuse.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.8 - Initial Assessments and Service Planning

Current through June 14, 2024
A.
				 Intake includes but is not limited to administration of:
1. A validated mental health screening tool
				 within 48 hours of detention that enables clinicians to determine the presence
				 of acute mental health issues which may require prompt intervention.
2. A risk assessment instrument designed to
				 structure appraisals of violence risk and risk management plans for
				 adolescents, completed within 30 days of adjudication.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.9 - Education Program

Current through June 14, 2024
A. The RITS must
				 provide residents educational programming approved by the Rhode Island
				 Department of Elementary and Secondary Education that conforms to all state and
				 federal laws. The RITS submits a detailed comprehensive education plan to RIDE
				 for approval in compliance with R.I. Gen. Laws §
										42-72.6-2.
1. The General Education Development Program
				 (GED) provides residents with the opportunity to obtain an alternative diploma
				 in conformance with state and federal law.
a.
				 Eligible residents are assessed for enrollment in the GED program. The
				 assessment determines the resident's desire and ability to obtain a
				 GED.
b. Residents meet the criteria
				 established in the "Regulations of the Council on Elementary and Secondary
				 Education Governing the Rhode Island High School Equivalency Program" to
				 participate in GED programming and to receive a passing score.
c. The GED program is provided at no cost to
				 residents.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.10 - Clinical Services

Current through June 14, 2024
A. Providers of
				 health, dental and behavioral health care are prepared and credentialed in
				 conformance with the licensing and certification requirements of the RI
				 Department of Health, RI Department of Children, Youth, and Families and/or the
				 Department of Elementary and Secondary Education.
1. Final judgments regarding medical care for
				 residents are made by a physician or nurse practitioner and regarding dental
				 care by a dentist.
a. Credentialed health care
				 providers, including but not limited to registered nurses, nurse practitioners,
				 physician assistants, registered dental hygienists and certified dental
				 assistants, practice within the parameters defined by the RI Department of
				 Health (RIDOH).
b. Standing medical
				 orders are written by physicians or nurse practitioners, are reviewed regularly
				 and are revised as necessary.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.11 - Resident Telephone Calls

Current through June 14, 2024
A. Newly-admitted
				 residents may call his or her parent(s) or legal guardian(s) at the time of
				 admission. In addition, residents are also afforded an opportunity to call an
				 attorney, if requested. Staff maintains visual supervision but does not monitor
				 the conversation of the resident while he/she speaks to his/her attorney
				 privately.
B. A resident is
				 afforded prompt access to the telephone if he/she asks to contact the
				 Department's Child Protective Services Hotline. Staff maintains visual
				 supervision but does not monitor the conversation of the resident while he/she
				 speaks to the Child Protective Services Hotline privately.
C. A resident is afforded prompt access to
				 the telephone if he/she asks to contact the RI Office of the Child Advocate
				 (hereinafter, OCA). Staff maintains visual supervision but does not monitor the
				 conversation of the resident while he/she speaks to the OCA
				 privately.
D. Staff may not
				 restrict calls to or from a resident's attorney at reasonable times.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.12 - Mail

Current through June 14, 2024
A. All outgoing mail shall be transmitted
				 without delay, unopened, uncensored and uninspected.
B. All incoming mail may be opened and
				 inspected for contraband only in the presence of the resident, but letters may
				 not be read or delayed.
C. The
				 Superintendent may prohibit mail between a resident and someone other than an
				 attorney, a member of the press, or public official if good cause is shown that
				 said prohibition is necessary for the rehabilitation and treatment of said
				 resident and provided that whenever mail is prohibited, the resident shall be
				 given an opportunity to object, personally or in writing, and he/she shall
				 receive a final written decision with reasons from the
				 Superintendent.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.13 - Visitation

Current through June 14, 2024
A. Each resident is afforded an opportunity
				 for a minimum visit of at least ninety (90) minutes per week. Residents on
				 levels three (3) and four (4) are afforded a second family visit of ninety (90)
				 minutes.
B. The Unit Manager
				 develops a visitation list with the resident upon entry to the facility. The
				 Unit Manager explains to the resident any exclusion from the approved
				 visitation list.
C. Special visits
				 may be approved to address scheduling conflicts or special events or special
				 visitors or to accommodate a family event/emergency.
D. The resident or family member requests
				 such a visit from the clinical social worker or Unit Manager, who provides a
				 timely response.
E. All visitors
				 are subject to a criminal record background check and a child protective
				 services clearance check prior to being approved for visitation. Family members
				 with criminal records are not automatically prohibited from visitation, only
				 individuals who pose a specific and credible threat to the safety of the
				 residents or the security of the facility are excluded from visitation.
1. Individuals who are identified in a no
				 contact order involving a youth or a member of the youth's family issued by a
				 court of competent jurisdiction are excluded from visitation.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.14 - Juvenile and Adult Offender Interaction

Current through June 14, 2024
A. Only
				 juveniles under the jurisdiction of the Family Court reside at the Training
				 School.
B. In the event that any
				 contact or visitation is sought between a resident and a parent who is an adult
				 offender, meaning the adult is incarcerated at an adult correctional facility,
				 the permission of the Superintendent or designee is required.
1. The unit Clinical Social Worker and
				 Manager outlines the reasons why such contact and/or visitation is in the
				 resident's best interest, the nature of the adult's offenses and his or her
				 institutional adult record.
2. If
				 visitation is requested, the Manager and Clinical Social Worker include, if
				 available, the names and titles of the Adult Correctional Institution (ACI)
				 staff who will supervise the adult offender and the names of the Training
				 School staff who will supervise the resident.
3. If the Superintendent or designee approves
				 contact and/or visitation, it is conducted in a setting that precludes
				 interaction with Training School residents unrelated to the parent and in which
				 supervision necessary to assure the resident's safety and well-being is
				 continuously provided.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.15 - Resident Searches

Current through June 14, 2024
A. A resident is
				 subject to a search at any time, in accordance with Department Operating
				 Procedures.
B Searches of residents are always conducted in strict
					 conformance to departmental training and may include:
1. Pat Down Search;
2. Search utilizing electronic means
				 including hand held or stationary metal detectors;
3. Search upon detainment;
4. Clothed Body Search; or
5. Strip Search.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.16 - Resident Grievance Procedure

Current through June 14, 2024
A. Staff ensure
				 that residents are informed of the grievance procedure.
1. Social Workers and Unit Managers inform
				 each newly admitted resident of the existence of the grievance procedure,
				 including the:
a. emergency grievance
				 process,
b. steps that must be
				 taken to use it, and
c. names of
				 the persons or positions designated to resolve grievances.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.17 - Food Service

Current through June 14, 2024
A. Meals or snacks
				 must never be withheld as a form of discipline.
B. Food is stored and prepared in conformance
				 with 216-RICR- 50-10-2, Certification of Managers in Food Safety and 216-RICR-
				 50-10-1, Rhode Island Food Code.
C.
				 Accurate records of meals planned and served as well as all documentation
				 required by federal, state and local code regarding sanitation and food safety
				 are maintained.
D. Requests for
				 special diets based on health needs of residents are made to the dietary staff
				 by medical personnel to provide a nutritional and medically appropriate diet
				 for the resident.
E. Reasonable
				 requests for special diets for religious purposes are accommodated.
F. Residents are served meals in an
				 appropriate setting with consistent supervision as well as safe, hygienic
				 handling and storage of food.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.18 - Notice to Superintendent

Current through June 14, 2024
A. Significant
				 events or situations that threaten the safety or security of residents and/or
				 staff must be reported immediately to the Superintendent, the
				 Administrator-on-Call and the Chief of Staff of the Department of Children,
				 Youth, and Families.
B. Incidents
				 include but are not limited to:
1. Injury to
				 employees or residents which involves emergency treatment
2. Death of residents or staff
3. Escape or attempts to escape
4. Any fights between individuals involving a
				 weapon
5. Fires
6. Bomb scares that require
				 evacuation
7. Major property loss
				 or damage
8. Any behavior incident
				 of a resident or group of residents that involves the assistance of State or
				 Municipal Police
9. Suicide
				 attempts
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.19 - Discipline

Current through June 14, 2024
1.19.1
General Discipline
A. Staff attempt to re-direct residents to
				 solve routine behavior problems through discussion and informal interaction
				 with residents.
B. Employees are
				 prohibited from:
1. Degrading a
				 resident;
2. Delaying or refusing a
				 resident access to medical care, daily showers, clean laundry, clean linen, or
				 meals or snacks as a form of discipline or while on discipline;
3. Refusing residents reasonable access to
				 the telephone to contact parents or attorney, or the Child Abuse Hotline as a
				 means of disciplinary action or when on discipline status;
4. Refusing residents visiting from parents,
				 guardians or attorneys as a means of discipline or while on discipline status
				 unless otherwise directed by the Superintendent;
5. Withholding the incoming mail of residents
				 or prohibiting outgoing mail as a means of discipline or while a resident is on
				 discipline status unless otherwise directed by the Superintendent;
				 and
6. Any abusive, neglectful or
				 harmful action against any resident.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.21 - Escape

Current through June 14, 2024
A. The Family Court remands residents to the
				 care, custody and control of the Training School and determines whether the
				 residents serve their sentence at the Training School or in Temporary Community
				 Placement.
1. Residents who leave either the
				 Training School or Temporary Community Placement (TCP) without permission may
				 be charged with escape.
2.
				 Residents are informed of the seriousness of this offense and the penalties for
				 it imposed by R.I. Gen. Laws §
											11-25-16.
3. Notification to family, the
				 RITS Master Control Center (MCC), law enforcement and the Attorney General is
				 necessary to apprehend the resident as well as to protect him or her and ensure
				 community safety.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.22 - Use of Restraint

Current through June 14, 2024
A. Restraint is
				 used only when transporting residents on or off grounds, when a resident's
				 actions demonstrate that he or she is a danger to self or others and no other
				 intervention has been or is likely to be effective in averting danger, or if a
				 resident is engaging in significant destruction of state property.
1. Staff utilize the least restrictive method
				 of restraint consistent with resident and community safety.
2. A physical restraint is a behavior
				 management technique involving the use of physical intervention as a means of
				 restricting a resident's freedom of movement. Physical restraint may include:
a. Providing a resident with a physical
				 escort. A physical escort is touching or holding of the hand, wrist, arm,
				 shoulder or back for the purpose of inducing an acting out resident to walk to
				 a safer location.
b. Holding
				 resident in a standing, seated or horizontal position.
3. Handcuffs, leg irons and hobblers are
				 mechanical restraints used to temporarily control behavior.
a. Residents are never handcuffed or shackled
				 to any fixed or stationary object on or off Training School grounds.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 60 - Training School › Subchapter 00 - N/A › Part 1 - Rules and Regulations of the Rhode Island Training School (214-RICR-60-00-1) › Section 214-RICR-60-00-1.23 - Use of Physical Force/Corporal Punishment

Current through June 14, 2024
A.
				 Staff must avoid unnecessary physical contact with residents.
B. No staff may use corporal punishment with
				 any resident under any circumstance.
1.
				 Corporal punishment is the intentional infliction of physical pain as a method
				 of changing behavior.
2. Corporal
				 punishment may include but is not limited to hitting, slapping, punching,
				 kicking, pinching, shaking, use of objects or painful body postures.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.1 - Purpose

Current through June 14, 2024
The Department of Children, Youth and Families ensures that
					 each youth placed on probation by order of the Family Court receives a level of
					 supervision that is consistent with orders of the Family Court, as well as
					 youth and public safety.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 70 - PROBATION AND PAROLE › Subchapter 00 - N/A › Part 1 - Probation and Parole › Section 214-RICR-70-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §§
										14-1-33,
					  14-1-3.