reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.17 - Licensing of Foster Care Homes

Current through June 14, 2024
A. The Department
				 makes every effort to maintain children in their own homes. When the home
				 environment is clearly contrary to the child's best interests, care of the
				 child outside of the home may be necessary to ensure the safety and wellbeing
				 of the child.
B. The Department
				 provides the child with an out of home placement which:
1. is least disruptive to the child and
				 family;
2. includes the placement
				 of siblings together unless the serious specific needs of one or more child
				 justifies separation;
3. offers the
				 child the most familiar and family-like setting possible; and
4. encourages and promotes stability and
				 permanency for the child.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.18 - Foster Care Maintenance Payments

Current through June 14, 2024
The Department reassess the base rates for foster care
					 maintenance considering the elements enumerated in
					  42 U.S.C. §
											675(4)(A)  to
					 determine whether rate adjustments are needed and, if necessary based upon that
					 reassessment, will advocate for additional appropriations from the General
					 Assembly to increase the base rate. The Department will conduct a reassessment
					 every three (3) years.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.19 - Notification of Critical Information Pertaining to Children in the Department's Care

Current through June 14, 2024
A. All out of home
				 placement providers are required to notify the Department of important
				 information pertaining to children in the Department's care. Critical incidents
				 such as serious injury, serious illness, child fatality, or near fatality must
				 be reported immediately to the parent/guardian of the child and the Department.
				 In the event of a child fatality or life-threatening injury/illness of a child
				 in the Department's care, the Director of the Department must be notified
				 immediately.
B. When a child has
				 been subjected to alleged abuse or neglect or has been the alleged victim of
				 assault or other physical or sexual abuse the report must go to the CPS Call
				 Floor.
C. The out of home provider
				 makes immediate verbal notification to the Department of any of the following
				 critical incidents involving a child in the Department's care. The primary
				 service worker/ supervisor is notified during standard work hours. The
				 Department's CPS Hotline ( 1-800 -RI CHILD) is notified after hours (4:00 P.M.
				 to 8:30 A.M. Monday through Friday, weekends, and holidays) in the event of:
1. A serious injury/illness involving medical
				 treatment of the child;
2. suicidal
				 or homicidal attempts by the child;
3. death of a child;
4. unauthorized absence of the child from the
				 home;
5. removal of the child from
				 the home/program by any person or agency other than the placing agency, or any
				 attempts at such removal;
6. any
				 fire or other emergency requiring assistance from local fire or rescue
				 personnel;
7. any exclusion of a
				 child from school or serious involvement with police authorities; and
8. a physician's order requiring a child to
				 be force-fed or otherwise coerced to eat against his/her will.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.21 - Federal Benefits for Children in the Department's Care

Current through June 14, 2024
A. The Department is the designated
				 single-state agency entitled to submit claims for Title IV-E reimbursement in
				 Rhode Island.
B. The Department is
				 responsible to determine which children are eligible for Title IV-E
				 reimbursement based on federal criteria and which costs meet the eligibility
				 criteria for administering the Title IV-E program.
C. Title IV-E of the Social Security Act
				 provides assistance to state child welfare agencies rendering services to
				 children in need of care. Under Title IV-E, the federal government shares the
				 cost in caring for financially deprived children who are placed in substitute
				 care. Title IV-E reimbursement covers payments made for foster care (both
				 voluntary placements and court ordered placements), adoption subsidy,
				 guardianship subsidy and administrative costs incurred in the process of
				 placing and maintaining children in alternative, protective settings.
D. To ensure uninterrupted delivery of
				 medical care, Department staff will secure the most appropriate medical
				 coverage for the child within forty- eight (48) hours of the child entering
				 placement.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.22 - Protecting and Identifying Victims of Sex Trafficking

Current through June 14, 2024
A. The Department, in partnership with the
				 community and other organizations, is responsible to investigate, identify, and
				 support children who are victims of sex trafficking or at risk of being a
				 victim of sex trafficking, and to prevent further exploitation of youth by
				 ensuring access to appropriate interventions, treatment, and
				 protections.
B. The Department has
				 collaborated with local, state and federal law enforcement agencies, community
				 providers, the Aubin Center at Hasbro Children's Hospital, the Attorney
				 General's Office, and other social service organizations to ensure youth that
				 have been identified as victims of sex trafficking receive the appropriate
				 treatment and support.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.23 - Prison Rape Elimination Act

Current through June 14, 2024
A. The Department
				 complies with the federal Prison Rape Elimination Act (PREA) to provide a safe
				 and therapeutic environment for all youth. Department Operating Procedures
				 outline and implement a comprehensive approach to preventing, detecting and
				 responding to sexual abuse, including voyeurism, and sexual
				 harassment.
B. Any physical contact
				 of a sexual or sexualized nature between any RITS provider, vendor, contractor,
				 volunteer, or staff toward a youth detained or adjudicated at the RITS is
				 deemed abusive; such contact is reported to the CPS Hotline and is
				 investigated.
1. The Department has zero
				 tolerance for voyeurism or sexual harassment by any Department provider,
				 contractor, volunteer or staff toward a youth detained or adjudicated at the
				 RITS and includes voyeurism and/or sexual harassment as a form of sexual
				 abuse.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.24 - Public Information and Relations

Current through June 14, 2024
A. The Department
				 encourages open lines of communication with outside individuals and groups to
				 enhance the public's understanding of the needs and strengths of the children,
				 youth and families that we serve and an appreciation of the Department's
				 mission and operations. All inquiries and responses and other public relations
				 activities are coordinated through the Department's Chief of Staff to ensure
				 the confidentiality of children, youth and families and to ensure the
				 consistency and accuracy of information released.
B. Inquiries from the Media or Legislators
1. During standard work hours (Monday -
				 Friday, 8:30 A.M. to 4:00 P.M), all inquiries are referred to the Department's
				 Chief of Staff in the Office of the Director.
2. During non-standard work hours, all
				 inquiries should be forwarded to the DCYF Child Protective Services (CPS)
				 Hotline ( 1-800 -RI CHILD).
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.25 - Media Interviewing or Photographing Children in Care

Current through June 14, 2024
A. On occasion, the media may request to
				 interview or photograph a child or youth in the care of the Department. To
				 ensure the confidentiality of children, youth and families, photographs or
				 visual representations depicting faces or allowing for recognition of the
				 individuals are not allowed for publicity or any other reason unless the
				 request is approved by the Department. The Department is responsible to ensure
				 that minimal program disruption occurs, that confidentiality is maintained and
				 that the appropriate consents have been secured.
B. In addition to Department approval for a
				 child or youth to be interviewed or photographed, the following consent
				 requirements must be met:
1. If the child is
				 under the age of fourteen (14), his/her parent, legal guardian and/or attorney
				 can consent to an interview by signing the consent form.
2. If the child is age fourteen (14) or
				 older, he/she and his/her parent, legal guardian and/or attorney can consent by
				 signing the consent form.
3. If the
				 youth is age eighteen (18) or older, he/she alone may consent and sign the
				 form. His/her parent, legal guardian or attorney may also sign, but this is not
				 required.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.1 - Purpose

Current through June 14, 2024
These regulations contain the requirements for reporting
					 child abuse and neglect to the Department of Children, Youth and Families, and
					 the Department's criteria to screen in or screen out all reports and assign for
					 investigation, if the report meets the conditions of child abuse and/or
					 neglect. Reports may involve families new to the Department, families actively
					 being serviced by the Department, families previously active with the
					 Department and incidents of institutional abuse and/or neglect. Reports must
					 involve a child under eighteen (18) years of age or under twenty-one (21) years
					 of age if the youth is residing in foster or institutional care or if the youth
					 is in Department custody, regardless of placement.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I. Gen.
					 Laws §§
										11-5-11,
					  11-37-6,
					  14-1-3,
					  14-1-27,
					  40-11-2,
					  40-11-3,
					  40-11-3.2,
					  40-11-4,
					  40-11-5,
					  40-11-6,
					  40-11-7,
					  40-11-12.2,
					  40-13.2-3.1, 40-72-11, 42-72,
					  42-72.1-4,
					  42-72-8,
					  42-72-14,
					  42-35-2.10, and Adoption
					 Assistance and Child Welfare Act of 1980, Pub. L. No. 96-272, Adoption and Safe
					 Families Act of 1997,
					 Pub. L. No.
					 105-89, Child Abuse Amendments of 1981, Pub. L.
					 No. 98-457 and CAPTA Reauthorization Act of 2010,
					 Pub. L. No.
					 111-320.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.3 - 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 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.4 - 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 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.6 - Reporting Child Abuse and Neglect

Current through June 14, 2024
A. Any
				 person who has reasonable cause to know or suspect that any child has been
				 abused or neglected, sex trafficked, commercially sexually exploited, human
				 trafficked, or is a victim of sexual abuse by another child, must report that
				 information to the Department's Child Protective Services (CPS) Hotline within
				 24 hours.
B. Any sexual abuse,
				 sexually harassing or voyeuristic behavior by any Department provider, vendor,
				 contractor, volunteer or staff toward a child/youth is reported to the CPS
				 Hotline within 24 hours and investigated by a Child Protective Investigator
				 (CPI).
C. Any person who has
				 reasonable cause to know or suspect that any child has been the victim of
				 sexual abuse by an employee, agent, contractor, or volunteer of an educational
				 program must report that information to the Hotline within 24 hours.
D. Any physician or duly certified registered
				 nurse practitioner that determines that a child under the age of twelve (12) is
				 suffering from any sexually transmitted disease must report that information to
				 the Hotline within 24 hours.
E. Any
				 person who has knowledge or suspicion of medical neglect or withholding of
				 medical indicated treatment from a child must report that information to the
				 Hotline within 24 hours.
F.
				 Immediate notification must be made to the CPS Hotline in any instance where
				 parent(s) of an infant have requested deprivation of nutrition that is
				 necessary to sustain life and/or who have requested deprivation of medical or
				 surgical intervention that is necessary to remedy or ameliorate a
				 life-threatening medical condition, if the nutrition or medical or surgical
				 intervention is generally provided to similar nutritional, medical, or surgical
				 conditioned infants, whether disabled or not.
G. Any entity designated under R.I. Gen. Laws
				 Chapter 23-13.1 (hospital, open medical emergency facility, fire station, or
				 police station), that receives an infant under the provisions of the Safe Haven
				 for Infants Act must notify the Hotline immediately after taking physical
				 possession of the infant.
H. All
				 reports to the Hotline are electronically recorded and maintained for a minimum
				 of three (3) years in a central registry.
1.
				 Any person who has been reported for child abuse and/or neglect (CA/N) and who
				 has been determined not to have neglected and/or abused a child, will have his
				 or her record, relative to that incident, expunged three years after that
				 determination.
2. Additionally, any
				 report made to the Hotline that does not meet the criteria for a CPS
				 investigation is expunged after three (3) years.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.7 - Criteria for Child Protective Services Investigation

Current through June 14, 2024
A. The Department
				 must investigate reports that allege child abuse and/or neglect when reasonable
				 cause to believe that abuse or neglect exists. CA/N reports accepted for
				 investigation must contain the following elements:
1. Harm or substantial risk of harm to the
				 child (under eighteen (18) years of age or under twenty-one (21) years of age
				 if the youth is residing in foster or institutional care or if the youth is in
				 Department custody, regardless of placement) is present; and
2. An incident or pattern of incidents
				 suggesting child abuse and/or neglect; and
3. A person responsible for the child's
				 welfare has allegedly abused or neglected the child; or
4. Allegations of child on child sexual
				 abuse; or
5. Allegations of sexual
				 abuse by school personnel; or
6.
				 Allegations of sex trafficking and/or severe forms of trafficking of a child
				 under eighteen (18) or under twenty-one (21) years of age if in Department
				 custody.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.8 - Response Priorities

Current through June 14, 2024
A. Department staff
				 utilize a standardized screening tool to determine the response priority for
				 each report of child abuse or neglect that is screened in for an investigation.
				 Response priorities delineate the time limit for the Department to process the
				 report and for the initiation of an investigation.
B. Assigned investigations must commence
				 within the timeframe of the designated response priority. For all response
				 priorities below, the investigation is initiated when the CPI makes contact or
				 attempts to contact any party associated with the investigation.
1. Priority 1 Response - The CPS report must
				 be processed for case assignment within thirty (30) minutes after the call is
				 completed. The CPI must respond to the report within two (2) hours of the
				 report being received to CPS.
2.
Priority 2 Response - The CPS report must be processed for case
				 assignment within two (2) hours after the call is completed. The CPI must
				 respond to the report within twelve (12) hours of the report being received to
				 CPS.
For the duration of the COVID-19 pandemic, initial contact by the
				 CPI may be by telephone within the time frame referenced above if it is
				 determined that the child is not at substantial risk of harm, and the
				 perpetrator does not have access to the victim. The CPI must make face to face
				 contact with the subjects of the report within 24 hours of receipt of the
				 report.
3. Priority 3 Response -
				 The CPS report must be processed for case assignment within four (4) hours
				 after the call is completed. The CPI must respond to the report within
				 forty-eight (48) hours of the report being received to CPS. For the duration of
				 the COVID-19 pandemic, initial contact by the CPI may be by telephone within
				 the time frame referenced above if it is determined that the child is not at
				 substantial risk of harm, and the perpetrator does not have access to the
				 victim. The CPI must make face to face contact with the subjects of the report
				 within 72 hours of receipt of the report.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.9 - Standards for Investigating Child Abuse & Neglect (CA/N) Reports

Current through June 14, 2024
A. Child abuse
				 and/or neglect investigations must include personal contact with each child
				 named in the report as well as any other children in the household.
B. When the alleged perpetrator is the parent
				 or guardian of a child victim, the Department makes every effort to confirm the
				 past and present whereabouts of any child of that parent or guardian not
				 residing in the household at the time of the alleged incident of abuse and/or
				 neglect.
C. The Department
				 interviews the child, if the child is of the mental capacity to be interviewed,
				 in the absence of the person responsible for the alleged abuse and/or neglect.
1. The Department has the right to question
				 the child without the consent of the parent or other person responsible for the
				 child's welfare.
2. If the
				 Department is denied access to the child, the Department must request the
				 intervention of the local law enforcement agency or seek an appropriate court
				 order to examine and interview the child.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.10 - Early Intervention Referral for Children Involved with the Department

Current through June 14, 2024
A. The Department
				 refers all children under the age of three (3) who are victims in an indicated
				 case of child abuse or neglect to programs that provide support and services to
				 families with children with known or suspected developmental delays and/or
				 disabilities.
B. In cases where the
				 investigation is unfounded and there is a child under the age of three (3), a
				 referral may be made with the written consent of the family to make available
				 services and supports to children and families when it appears that such
				 services might be beneficial. Under these circumstances the Department obtains
				 written parental authorization to release information to the early intervention
				 services provider.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.11 - Police Involvement in a Child Protective Investigation

Current through June 14, 2024
A. The Department
				 must notify the local law enforcement if any Department child abuse/neglect
				 investigation reveals an activity which is a criminal offense.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.12 - Removal of a Child from the Home

Current through June 14, 2024
A.
				 Physicians/nurse practitioners, law enforcement officers, child protective
				 investigators and social caseworkers II are authorized to issue a protective
				 custody hold on a child without the consent of a parent or legal guardian.
1. A physician/nurse practitioner may
				 authorize a seventy-two (72) hour hold on a child who has suffered a physical
				 injury that appears to have been caused by other than accidental means or a
				 child suffering from the effects of sexual molestation or malnutrition or other
				 serious medical neglect:
a. Physician/nurse
				 practitioner files a Report of Examination and authorizes the seventy-two (72)
				 hour hold.
b. Physician/nurse
				 practitioner must contact the Hotline to advise the Department of the
				 hold.
c. If the child requires
				 medical treatment, the child may remain in the hospital during the protective
				 hold.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.13 - Examination of Child by Physician/Nurse Practitioner

Current through June 14, 2024
A. A child who is
				 suspected of being physically or sexually abused must be examined by a licensed
				 physician or nurse practitioner.
B.
				 A child who is suspected of being neglected must be examined by a licensed
				 physician or nurse practitioner when there is evidence that the suspected
				 neglect has had a detrimental effect on the child's physical
				 well-being.
C. The Department must
				 secure a medical examination for any child removed pursuant to a forty-eight
				 (48) hour hold with or without the consent of the parent or legal
				 guardian.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.14 - Letters of Notification

Current through June 14, 2024
A. Notification of
				 Report of Suspected Child Abuse and/or Neglect by Child Protective Services
				 (CPS)
1. The Notification of Child Protective
				 Services Investigation form informs the subject that he/she has been identified
				 as a suspected perpetrator in an alleged incident of child abuse or neglect.
				 The notice is hand delivered by the Child Protective Investigator (CPI) to the
				 suspected perpetrator. If the suspected perpetrator cannot be found, the notice
				 is mailed to his or her last known address.
2. If the suspected perpetrator is a minor,
				 the Notification of Child Protective Services Investigation form is used to
				 inform the minor perpetrator's parent/guardian that child has been identified
				 as a suspected perpetrator in an alleged incident of child abuse or neglect.
				 The notice is hand delivered by the CPI to the parent/guardian of the suspected
				 minor perpetrator. If the parent/guardian of suspected minor perpetrator cannot
				 be found, the notice is mailed to his or her last known address.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 20 - Child Protective Services › Subchapter 00 - N/A › Part 1 - Child Protective Services › Section 214-RICR-20-00-1.15 - Family Assessment Response

Current through June 14, 2024
A. The Department
				 utilizes a standardized screening tool to determine if a report made to the
				 Hotline that contains a concern about the well-being of a child and does not
				 meet the criteria for a child abuse/neglect investigation should be screened in
				 for a family assessment.
1. The family's
				 participation in the family assessment is voluntary, the family may decline to
				 participate. Should this occur, the family assessment caseworker and supervisor
				 convene a meeting to reassess the risk and/or concerns to determine if they
				 should be elevated to an investigation. If so, the family assessment caseworker
				 files a report with the child abuse Hotline.
2. The Department conducts a thorough
				 assessment of child safety and risk for all children in the home during the
				 family assessment response, and develops a safety plan with the family, if
				 necessary.
3. The family assessment
				 consists of:
a. A telephone call is scheduled
				 as soon as possible after case assignment with the parent or guardian, the
				 child, and any other household members and family supports. Telephone contact
				 with the child who is the subject of the report and any siblings is subject to
				 the consent of the parent or guardian.
b. Completion of a standardized risk and
				 safety assessment.
c. Criminal
				 background checks and Department clearances for caregiver(s), and household
				 members over the age of eighteen (18).
d. Service assessment and delivery to
				 stabilize and mitigate risk.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to R.I Gen. Laws
					 §§
										14-1-34,
					  15-7-25,
					  23-28.13-27,
					  23-28.13-28,
					  23-28.13-29,
					  23-28.13-30,
					  23-28.13-31,
					  23-28.13-32,
					  23-28.13-33,
					  23-28.13-34,
					 40-13.2-31,
					  42-72-2,
					  42-72-3,
					  42-72-5,
					  42-72-10,
					  42-72-13,
					  42-72-14,
					 and Adoption Assistance and Child Welfare Act of 1980, Pub. Laws No. 96-272,
					 Foster Care Maintenance Payments Program,
					  42 U.S.C. §
											672(g)(2), Adoption
					 Assistance and Child Welfare Act of 1980, Pub. Laws No. 96-272, The Adoption
					 and Safe Families Act (ASFA), Pub. Laws No. 105-89, Social Security Act, 42
					 U.S.C. § 475, Fostering Connections to Success and Increasing Adoptions
					 Act of 2008,
					  42 U.S.C. §
											1305, Personal Responsibility and Work
					 Opportunity Reconciliation Act of 1996, Pub. Laws No. 104-193 §401(a), 
					 Foster Care Maintenance Payments Program Implementation Requirements,
					  45 C.F.R. §
											1356.21, The Fostering
					 Connections to Success and Increasing Adoptions Act of 2008, Pub. Laws No.
					 110-351, Patient Protection and Affordable Care Act, Pub. Laws No. 111-148,
					 Indian Child Welfare Act,  25 U.S.C §§
											1901 - 1963.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.3 - 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 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.4 - 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 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.6 - Preventative Services

Current through June 14, 2024
A. The Department
				 provides services to prevent the unnecessary removal of a child from his or her
				 natural home. The desirable service goal is to maintain a child at home through
				 the remediation of family issue(s) which contributes to the risk of harm to the
				 child that brought the family into the Department. Reasonable efforts are made:
1. prior to the placement of a child in out
				 of home care to prevent or eliminate the need for removal of the child from his
				 home, and
2. to make it possible
				 for the child to return home.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.7 - Locating and Engaging Absent Parents

Current through June 14, 2024
A. The
				 Department acknowledges and reinforces the role and responsibility of the
				 parent as the primary source of support for a child. Department staff must make
				 every effort to identify, locate, and engage the parents of a child in the
				 earliest stages of Department involvement and continue to diligently search for
				 absent parents and potential relative resources.
B. As soon as an absent parent is located,
				 the Department makes every effort to engage the parent during all Department
				 processes, including throughout the child protective investigation, assessment,
				 safety planning, service planning and administrative service plan reviews,
				 visitation and Family Court custody and child support enforcement
				 proceedings.
C. If a putative
				 father notifies the Department that he may be the father of a child in care,
				 steps are taken to determine paternity. Once paternity is established, the
				 father is included in the assessment and service planning and service delivery
				 processes.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.8 - Kinship Care

Current through June 14, 2024
A. The Department
				 maintains a child in his or her home whenever possible; however, certain events
				 in a child's life may require consideration of placement outside the home. The
				 Department must provide the child with an out-of-home placement which is least
				 disruptive to the child and family, which offers the child the most familiar
				 and family-like setting possible and which encourages and promotes stability
				 and permanency for the child. Therefore, the Department gives first
				 consideration to a relative, kinship or fictive kinship placement for the child
				 prior to seeking a non-relative placement.
B. Within thirty (30) days following the
				 removal of a child from the custody of the parent(s) of the child, the
				 Department exercises due diligence to identify and provide written notice to
				 all the following relatives: adult grandparents, parents of a sibling of the
				 child where such parent has legal custody of such sibling, and other adult
				 relatives of the child (including any other adult relatives suggested by the
				 parents) subject to exceptions due to family violence and/or child safety. The
				 notice includes the following information:
1.
				 The child has been or is being removed from the custody of the parent or
				 parents of the child;
2. The
				 options the relative has under federal, state and local law to participate in
				 the care and placement of the child, including any options that may be lost by
				 failing to respond to the notice;
3. The requirement(s) to become a foster
				 family home and the additional services and supports that are available for
				 children placed in such a home; and
4. The option to receive kinship guardianship
				 assistance payments.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.9 - Implementing the Indian Child Welfare Act

Current through June 14, 2024
A. The Indian
				 Child Welfare Act,  25 U.S.C §§
											1901 - 1963, requires the Department to
				 find a placement within a reasonable distance of the child's home and in the
				 least restrictive environment to meet the special needs of the identified
				 Indian child:
1. An Indian child must be
				 placed in the following order of preference:
a. With a member of the Indian child's
				 extended family;
b. In a foster
				 home licensed, approved or specified by the Indian child's tribe;
c. In an Indian foster home licensed or
				 approved by an authorized non-Indian licensing authority;
d. In an institution for children approved by
				 an Indian tribe or operated by an Indian organization that has a program
				 suitable to meet the Indian child's needs.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.10 - Safety Assessment and Plan

Current through June 14, 2024
A. A safety
				 assessment is completed during each child protective services investigation to
				 determine if a child or youth can remain safely in the home, guide and document
				 decision making in the removal or return of a child to the child's family
				 during investigations, and guide decision making on child safety factors that
				 if not addressed, pose an immediate safety threat to a child.
B. A child is considered safe when the safety
				 assessment determines the child in his or her current living arrangement is not
				 in immediate danger of harm and no interventions are necessary to ensure the
				 child's safety. If the child is not safe, immediate interventions must be taken
				 to ensure the child's safety. Safety interventions are responsive to the
				 present danger of harm to the child and identify risks of future
				 harm.
C. The safety plan contains
				 one or both of the following elements depending on the individual safety needs
				 of each child in the family:
1. In-Home Safety
				 Plan is developed when the protective capacity of the parent or caregiver can
				 be enhanced or supported to create safety for the child.
2. Out-of-Home Safety Plan is developed if
				 reasonable efforts have been unsuccessful in preventing the removal of the
				 child from the home, or:
a. Existing
				 protective capacity of the parent or caregiver cannot be enhanced or supported
				 to provide for the child's safety; or
b. There is no parent or caregiver to provide
				 for the child's safety needs.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.11 - Concurrent Planning

Current through June 14, 2024
A. Concurrent
				 planning is a family-centered practice approach requiring intensive work
				 towards reunification with birth parents while identifying a placement option
				 for the child that will be permanent if reunification efforts are not
				 successful.
B. The goals of
				 concurrent planning are to support the safety and well-being of children and
				 families, promote early permanency decisions for children, reduce the number of
				 moves and relationship disruptions children experience in foster care and
				 maintain continuity in children's relationships with parents, siblings,
				 extended family and community.
C.
				 Concurrent planning requires "full disclosure" which includes open, honest,
				 respectful and ongoing discussions with birth families regarding rights,
				 responsibilities, permanency, time frames and access to timely services to meet
				 the safety needs of the children and families.
D. The Department prepares and trains
				 relative and non-relative concurrent resource families to work cooperatively
				 with birth families in a mutual effort to support and promote reunification.
				 Frequent and consistent visitation between parents and children is required and
				 concurrent resource families are key to facilitating this process.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.12 - Visitation

Current through June 14, 2024
A. The Department supports regular, planned
				 contact between a child in placement and his or her family. Contact must begin
				 as soon as possible after the child is separated from his/her family. Contact
				 is defined as:
1. Primary - regular, planned
				 face-to-face visits between parent and child in a variety of
				 settings;
2. Secondary - telephone
				 and/or mail contact between parent and child; and
3. Tertiary - visits, phone calls, and/or
				 mail contact between the child and siblings, other family members, or
				 significant others.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.13 - Educational Stability

Current through June 14, 2024
A. Children,
				 including children with disabilities, placed in the custody of the Department
				 must receive the free, appropriate public education to which they are
				 entitled.
B. The Department ensures
				 that the initial and each subsequent placement of the child:
1. Considers the appropriateness of the
				 current educational setting and the proximity to the school in which the child
				 is enrolled at the time of placement;
2. Allows the child to remain in the school
				 in which the child is enrolled at the time of the initial or each subsequent
				 placement. The Department works with Local Education Agencies (LEAs), the RI
				 Department of Education, parent(s)/educational advocates, child and other
				 appropriate parties to maintain the child in their school of origin;
				 or
3. If an educational best
				 interest decision is made that it is not in the child's best interest to remain
				 in their school of origin, the child is immediately and appropriately enrolled
				 in a new school with all the child's educational records provided to the
				 school.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.14 - Authorization for Routine/Emergency Medical Care for the Child in Placement

Current through June 14, 2024
A. The Department responds effectively to the
				 emergency and routine medical needs of a child in the Department's
				 care.
B. The Department protects
				 parent(s) and legal guardian(s) right to consent as well as its staff and
				 service providers from legal liability by ensuring that appropriate consents
				 are obtained.
1.14.1
Authorization of Non-Emergency Surgery for the Child in Placement
A. The Medical Consent Authorization and the
				 Emergency and Routine Medical Authorization for a Child in Placement do not
				 provide the Department with authorization for non-emergency surgery.
B. In the event that the child must be
				 hospitalized and/or undergo surgery, the Department must make every attempt to
				 locate the parent(s) or legal guardian prior to the child's hospitalization
				 and/or surgery.
C. If the parent(s)
				 cannot be located or the parent(s) objects to the surgery and there is an
				 urgency to intervene in the matter to prevent permanent harm, the Department
				 may petition the Family Court for authorization for the surgery, or the
				 Department may provide authorization for the surgery depending on the legal
				 status of the child.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.15 - Services to SED and/or DD Youth Ages 18-21

Current through June 14, 2024
A. The
				 Department is responsible for the delivery of appropriate mental health
				 services to children with serious emotional disturbances (SED) and/or
				 functional developmental disabilities (DD).
B. Eligibility - A youth must meet all of the
				 following requirements to be eligible for services:
1. The youth is a resident of the State of
				 Rhode Island.
2. The youth is under
				 the age of twenty-one and has been in the care and custody of the Department
				 (including youth in care pursuant to a voluntary placement agreement) receiving
				 services from the Department prior to attaining eighteen (18) years of age and
				 continuously receiving these services thereafter.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.16 - Youth Development and Transition Planning

Current through June 14, 2024
A. The
				 Department is responsible to assist youth age fourteen (14) and older in
				 out-of-home placements to become self-sufficient as they prepare for adulthood.
				 Youth are strongly encouraged to assume increasing levels of responsibility and
				 join in partnerships with the Department in their preparation towards
				 self-sufficiency.
B. Transitioning
				 to successful adulthood is a mutual responsibility of the youth and his/her
				 service team, which includes Department staff, family and/or primary caregivers
				 and other individuals involved in the care and treatment of the youth. Youth
				 are afforded assessment, instruction and preparation for eventual independence
				 in a manner which respects their individual and cultural differences.
C. For all youth age fourteen (14) and older
				 who are in out of home placement, the primary service worker completes a youth
				 development/transitional living plan with the youth as a component of the
				 service plan, which is reviewed at the Administrative Review meeting.
D. Transition planning occurs during the
				 ongoing assessment process. Service plans are updated to reflect behavior
				 changes and actions steps to achieve permanency for each child. Transition
				 planning occurs and is documented within the service plan at minimum during the
				 following timeframes:
1. Every six (6) months
				 following the youth's fourteenth (14th) birthday or when the youth enters
				 foster care if older than fourteen (14) years old.
2. When the youth reaches seventeen and a
				 half (17.5) years of age, and the updated plan is provided to Family
				 Court.
Rhode Island Code of Regulations › Title 214 - DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES › Chapter 30 - CASE MANAGEMENT › Subchapter 00 - N/A › Part 1 - Case Management › Section 214-RICR-30-00-1.17 - Voluntary Extension of Care

Current through June 14, 2024
A. Young adults may
				 elect to continue to receive services and placement from the Department and
				 remain under the legal supervision of the Family Court until the young adult's
				 twenty-first (21st) birthday through the Voluntary Extension of Care (VEC)
				 program.
B. Eligibility
1. Young adults who were in foster care on
				 their eighteenth (18th) birthday and in the legal custody of the Department,
				 or;
2. Young adults who were
				 adopted or placed in a guardianship with an adoption or a guardianship
				 assistance agreement that was executed on or after the young adult's sixteenth
				 (16th) birthday and prior to the young adult's eighteenth (18th) birthday may
				 voluntarily elect to enter into care and agree to placement and legal
				 supervision by the Family Court until age twenty-one (21) provided the young
				 adult satisfies the requirements of §§
											1.17(B)(3)(a) through
				 (f)     of this Part. Young adults exercising
				 this option would result in the termination of the adoption or guardianship
				 subsidy if it is determined that the adoptive parent or legal guardian is no
				 longer providing any support for the young adult, and;
3. A youth must meet at least one of the
				 following requirements to be eligible for the VEC program:
a. Working toward a high school diploma or
				 General Education Diploma (GED) or a program leading to an equivalent
				 credential; or
b. Enrolled in an
				 institution that provides post-secondary or vocational education; or
c. Enrolled in a job training program or
				 activity designed to promote or remove barriers to employment; or
d. Employed for at least eighty (80) hours a
				 month; or
e. A combination of
				 work-related and educational activities; or
f. The Department determines that the youth
				 is incapable of doing any of the foregoing due to a medical condition that is
				 certified by a licensed physician or nurse practitioner and documented in the
				 case plan.