reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.5 - Certification of the Parent Applicant as a Qualified Participant in the Program

Current through June 14, 2024
A. The Department
				 shall provide the form for certification which will be signed in conformance
				 with the law and shall be signed by the Home Evaluator.
B. Waiting lists shall be maintained by each
				 division of the Department for their own clients. Priority shall be given to
				 families with members who have severe and multiple disabilities and who are
				 experiencing a high degree of family stress.
C. When an application is rejected, there
				 shall be a written response to the applicant, which includes a clear statement
				 of the reasons for rejection and an offer of an opportunity to discuss the
				 findings informally or by appeal.
D. Applicants shall not be certified for more
				 than one (1) client in the home, with the exception of siblings. Authorized
				 placements in excess of that number will be excepted from this Part.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.6 - Subsidy Agreement

Current through June 14, 2024
A. Where subsidy aid
				 is to be provided, a written agreement between the Department or designated
				 local agency and the parent applicant(s), with clearly delineated terms, shall
				 precede the subsidy payments.
B.
				 The provisions shall be explained verbally to the parent applicant(s) who,
				 after a period of study and consultation, shall sign the agreement jointly with
				 the Department or the designated local agency. Included in the agreement shall
				 be relevant sections contained in this Part and other content herein requiring
				 written agreement.
C. A new written
				 agreement shall be provided for the certified parent for each year.
D. Each agreement shall require progress
				 reports. The certified parent(s) shall prepare and submit reports as to
				 implementation of the plan and will discuss them with a representative from the
				 Department or designated local agency. Monthly reports are mandatory for the
				 first twelve (12) months; reporting may then be scheduled as the social worker
				 deems necessary, but at least semi-annually.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.7 - Eligibility of the Child or Adult to be in the Program

Current through June 14, 2024
A. The appropriate division of the Department
				 or designated local agency shall have written procedures to determine
				 eligibility of an individual as defined in §
										1.3     of this Part.
1. Division of Behavioral Healthcare: This
				 determination shall be made by the designated local agency in whose catchment
				 area the individual resides using the admission criteria of the Institute of
				 Mental Health.
2. Division of
				 Developmental Disabilities: This determination shall be made by Department of
				 Revenue Social Services Unit.
3.
				 Division of Hospitals and Community Rehabilitative Services: This determination
				 shall be made by the Division's hospital admission teams.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.8 - Matching of the Appropriate Parent Applicant or Certified Parent with the Eligible Person

Current through June 14, 2024
A. Applicant or
				 certified parents and eligible persons shall be reviewed by the responsible
				 Department division or designated local agency to determine appropriateness of
				 placement.
B. All staff assigned by
				 the appropriate division of the Department or designated local agency shall
				 confer to discuss the needs of the placement candidate and the characteristics
				 of the applicant or certified person. Such conferring is in addition to the
				 established discharge planning procedures of the placement for those candidates
				 leaving a placement.
C. When a
				 match is made, the plan will be explained to the parent and training will be
				 provided as needed by the division or designated local agency arranging the
				 placement.
D. When the parent has
				 agreed to the placement, the contract or agreement shall be processed by the
				 appropriate division of the Department.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.9 - Authorization of the Eligible Person to Enter the Parent Deinstitutionalization Subsidy Aid Program

Current through June 14, 2024
A. The approved
				 written plan for the use of the subsidy and the contract or agreement shall
				 constitute such authorization.
B.
				 The plan shall be signed by parent(s) and the division or designated local
				 agency representative and shall be filed in the record.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.10 - Case Management

Current through June 14, 2024
A. The appropriate
				 division of the Department or designated local agency shall name the social
				 worker or other staff member, who is responsible for the ongoing monitoring of
				 the placement and activity related to approving the subsidy payments.
B. A copy of the plan shall be retained by
				 the social worker from the division of the Department or designated local
				 agency.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.11 - Evaluation and Monitoring after Placement is Effected

Current through June 14, 2024
A. Quarterly reports to evaluate the
				 placement shall be prepared by a social worker from the appropriate division of
				 the Department or designated local agency. The reports shall be filed in the
				 client's record in the appropriate division or designated local
				 agency.
B. Program plans shall be
				 updated and revised at least every twelve (12) months and more often if
				 indicated by the needs of the client. The social worker (as in §
										1.10(A)     of
				 this Part) is responsible for related activity as designated herein.
C. The twelve (12) month revision of the plan
				 shall be based on professional assessments performed by the professional staff
				 of the program or agency providing services to the eligible person.
D. The parent(s) shall participate in the
				 interdisciplinary case conference relating to the client held by said program
				 or agency, if possible. Otherwise, the written report of the conference shall
				 be discussed with the parents by assigned staff.
E. The social worker shall revise the program
				 plan for the parent subsidy program to incorporate the results of the
				 conference.
F. In the event that
				 the eligible person has no involvement with a program or agency, it shall be
				 the responsibility of the appropriate Department division, upon request of the
				 social worker, to assign professionals for the purpose of assessment and
				 recommendations.
G. At least
				 monthly for the first three (3) months, there shall be a personal visit made by
				 the social worker to the home to see the parent and the eligible individual to
				 assure that the placement is satisfactory. Thereafter frequency of visits may
				 be reduced to quarterly at the discretion of the division of the Department or
				 the designated local agency.
H. The
				 case record shall include the dates of the visits and the observation of the
				 social worker.
I. The social worker
				 shall submit all monthly and quarterly reports to his/her supervisor and shall
				 forward the monthly payment authorization to the Central Office of the division
				 of the Department involved.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.12 - Subsidy Aid Amounts

Current through June 14, 2024
A. Subsidy Aid
				 payments will be given to parent(s) after they are certified and have received
				 a contract from the State and have accepted the person into their home.
				 Payments are stated in, R.I. Gen. Laws §
										40.1-1-10.1.
1. Subsidy payments to parents/foster parents
				 shall be for needs which SSI or other benefits and/or DCYF supplementary
				 payments do not meet. It must be documented that without the subsidy, the
				 eligible person could not be maintained in the home.
2. Payments shall not be made when the
				 eligible individual or his/her parent(s) is(are) the recipient of a court
				 awarded or out-of-court settlement related to the eligible person's
				 condition.
3. Payments shall not be
				 made to natural parents whose gross income exceeds four hundred (400%) percent
				 of the federal poverty level guidelines, for a family of their size, including
				 the eligible person.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.13 - Continuation of Subsidy Payment from Year to Year

Current through June 14, 2024
A. Each
				 contract expires at the end of the State fiscal year, June 30th.
1. In keeping with the intent of the Subsidy
				 Aid program, which is to avoid institutionalization of people with significant
				 health care and/or psychiatric needs by providing a subsidy, there must be
				 documentation that the level of care needed by the individual would qualify
				 them for admission to the placement and that without continuation of the
				 subsidy the certified parents could not maintain the eligible person in the
				 home.
2. Provided the GSP
				 recommends the placement/subsidy continue, a recertification form shall be
				 processed.
3. A contract shall be
				 prepared and processed for the new fiscal year when there is a current
				 certification in place.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.14 - Termination of a Subsidy Aid Contract Agreement

Current through June 14, 2024
A. The
				 parent may terminate participation in the program upon written notice to the
				 social worker of the appropriate division of the Department or designated local
				 agencies and, in foster child placements, to the DCYF worker as well.
B. The Department or the designated local
				 agency shall terminate the subsidy aid as needed to conform to §
										1.12(A)(1) through
				 (3)     of this Part or for any of the following
				 reasons:
1. Substantiated charges of physical
				 or emotional abuse of the individual by the parent(s) or foster parent(s) or
				 other individuals residing in the home.
2. Inability and/or unwillingness of the
				 parent(s) or foster parent(s) to cooperate with the Department concerning the
				 eligible person's basic care and training program.
3. Determination that the parent(s) or foster
				 parent(s) is/are unable to meet physical, nutritional, emotional or behavior
				 needs of the eligible person.
4.
				 Determination by the appropriate Department division or designated local agency
				 that the eligible participant's level of functioning has changed from dependent
				 to independent.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 20 - Parent De-institutionalization Program › Subchapter 00 - N/A › Part 1 - Parent De-Institutionalization Subsidy Aid Program › Section 212-RICR-20-00-1.15 - Administrative Appeals and Hearings

Current through June 14, 2024
All hearings and reviews required pursuant to these rules
					 and regulations shall be held in accordance with the provisions of R.I. Gen.
					 Laws §
										42-35-1 et
					 seq . and the Executive Office of Health and Human Services (EOHHS) rules and
					 regulations for Appeal Process and Procedures for EOHHS Agencies and Programs,
					 210-RICR- 10-05-2.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.1 - INTRODUCTION

Current through June 14, 2024
These rules and regulations are promulgated pursuant to
					 R.I. Gen. Laws §§
										40.1-21-15 through
					  40.1-21-17 for the purpose of providing rules and regulations for the administration of
					 the Self-Sufficiency Trust fund.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.2 - PURPOSE AND SCOPE

Current through June 14, 2024
A. The
				 Self-Sufficiency Trust is a comprehensive life-care planning option designed to
				 meet the supplemental service needs of persons with disabilities. The Self
				 Sufficiency Trust provides a mutually beneficial public/private working
				 relationship between families of disabled individuals, the State and the
				 community based service network.
B.
				 Pursuant to enabling legislation, the Department is responsible for various
				 administrative, programmatic and financial requirements. The Self-Sufficiency
				 Trust Board, a private Board established in accordance with R.I. Gen. Laws §
										40.1-21-15,
				 is responsible for the Private Trust Fund and the Private Charitable Fund and
				 shall control and disburse these funds in accordance with the trust documents.
				 The State shall establish counterpart funds, the Self-Sufficiency Trust fund
				 and the Fund for the Disabled, and shall be responsible for the disbursements
				 from each of these funds.
C. Both
				 the private and public sector funds shall be utilized to provide supplemental
				 services to persons with mental illness, developmental disabilities, or persons
				 otherwise eligible for Department services.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.4 - SERVICES PROVIDED

Current through June 14, 2024
A. Services to be
				 funded by the trust may include those services otherwise available to eligible
				 individuals from community providers and other services only available from
				 private vendors subject to the following provisions:
1. Trust fund dollars will not be used to
				 meet basic food, shelter, clothing, personal needs, room/board and medical
				 needs of the Participant; income paid for supplemental services and goods is
				 exempt from determining eligibility for programs, services and means tested
				 entitlements administered through any and all State agencies.
2. Trust fund dollars will not be spent on
				 goods or services from private vendors if the services are otherwise available
				 from community providers.
3. Trust
				 fund dollars will cease if the Participant moves out of state, effective the
				 date of the move.
4. All services
				 and goods purchased from community providers with trust fund dollars will be
				 purchased by way of a per diem or service rate that is consistent with the
				 current Department rate-setting methodologies as appropriate, or in accordance
				 with current negotiated local market rates. When the Department adjusts rates
				 on cost of living, the Self-Sufficiency Trust fund per diems or service rates
				 will be increased based upon the same percentage factor.
5. Trust fund dollars will not be used to
				 supplement established rates determined by the Department.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.5 - AGREEMENT

Current through June 14, 2024
A. An agreement between the Department and
				 the Board has been developed which outlines the responsibilities and
				 obligations of the Board and the Department with respect to the services and
				 goods operated pursuant to R.I. Gen. Laws §§
										40.1-21-15 through
				  40.1-21-17.
B. This agreement is renewable for successive
				 periods of one (1) year each and may be modified upon agreement of both
				 parties.
C. This agreement may be
				 terminated for the following reasons:
1.
				 Pursuant to the law of the State of Rhode Island; or
2. Dissolution of the trust; or
3. By the terms of the agreement
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.6 - SELF-SUFFICIENCY TRUST BOARD RESPONSIBILITIES

Current through June 14, 2024
A. The Board shall
				 have all responsibility for the solicitation and enrollment of Participants
				 into the Self-Sufficiency Trust. Specific responsibilities include:
1. Explaining the general trust activities to
				 all those individuals, families/responsible relatives or Participants
				 approaching the trust.
2. Enrolling
				 those wanting to participate through the application process.
3. Gathering the necessary clinical
				 assessment and evaluation data pertaining to the Participant and making the
				 necessary referrals for such information.
4. Meeting with the family/responsible
				 relative, legal guardian or interested individual and, when appropriate, the
				 Participant, to refine and prioritize the service needs of the
				 Participant.
5. Developing and
				 maintaining a standard data profile on all service needs of the Participant and
				 the projected date of such service.
6. Development of a Life Care Plan based on
				 the standard data profile projecting specific services required, dates of such
				 services and projected costs of such services.
7. Development of a financial plan itemizing
				 the means by which services outlined in the Life Care Plan are to be funded
				 through contributions to the Self-Sufficiency Trust.
8. Development and execution of all necessary
				 contractual and legal requirements between the sponsor of the Participant and
				 the Self-Sufficiency Trust.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.7 - DEPARTMENT RESPONSIBILITIES

Current through June 14, 2024
A. The Department
				 shall be responsible for accounting for the Self-Sufficiency Trust fund on
				 behalf of those Participants for which funds have been deposited into such
				 fund.
B. If a disagreement arises
				 between the Board and a service provider regarding specific service issues or
				 service levels, the Board and the service provider shall first attempt to
				 resolve the dispute among themselves. If a satisfactory resolution cannot be
				 reached, it shall be resolved pursuant to current Department procedures
				 regarding disputes relating to the provision of services to clients.
C. The Department shall pay community
				 providers at the negotiated or current approved rate of payment or
				 reimbursement for providing services covered in the Life Care Plan. The
				 Department will utilize its existing purchase of care and grant-in-aid
				 agreements as the authorization for service provision and payment.
D. The Department shall, on a monthly basis
				 conduct a reconciliation to determine any differences between the amount of
				 funds received from the Board for services to be provided during the month and
				 the amount the Department allows the providers to be paid based on the services
				 actually provided. The Department shall provide the Board with periodic
				 statements which identify any adjustments necessary to future fund transfers
				 from the Board based upon the results of each reconciliation. Statements for
				 the Self-Sufficiency Trust fund shall be provided not less frequently than
				 quarterly.
E. The Department will
				 ensure that the Participant's provider agency is notified of the specific
				 services to be provided to the Participant, effective dates of such services
				 and the appropriate procedures to be followed for reimbursement under the
				 Department's community service system.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.8 - SELECTION OF INDIGENT PARTICIPANTS PURSUANT TO THE CHARITABLE TRUST

Current through June 14, 2024
A. When the Charitable Trust Fund has
				 sufficient earnings on the principal to enable supplemental services or goods
				 to be provided to an indigent Participant or Participants, the Board shall
				 notify the Department that such funds are available and the amount of such
				 funds.
B. Upon such notification by
				 the Board, the Department shall request the assistance of individuals and/or
				 agencies concerned with the care and treatment of persons with mental illness,
				 developmental disabilities, and other eligible individuals, to ascertain the
				 manner in which the funds shall be used for the benefit of low-income
				 individuals.
C. The Department may
				 request proposals from individuals and/or agencies in order to ascertain the
				 manner in which the funds may best be used for the benefit of low-income
				 individuals.
D. The Department may
				 utilize these moneys to expand services available through already existing
				 state or federal programs.
E. The
				 Department may utilize these moneys to provide supplemental services to a group
				 of low-income individuals or may use these moneys to provide supplemental
				 services to one or more individuals.
F. The Department shall inform the Board of
				 the specific services or goods which the Department has determined shall be
				 purchased with the funds. The Department shall provide the following
				 information to the Board regarding the use of the funds:
1. The specific individual(s) to be
				 served;
2. The type of service to
				 be provided;
3. The provider of the
				 services;
4. The period of time for
				 which services will be provided.
Rhode Island Code of Regulations › Title 212 - Department of Behavioral Healthcare, Developmental Disabilities and Hospitals › Chapter 30 - Self-Sufficiency Fund › Subchapter 00 - N/A › Part 1 - Self Sufficiency Trust Fund › Section 212-RICR-30-00-1.9 - FINANCIAL PROVISIONS

Current through June 14, 2024
A. Pursuant to R.I.
				 Gen. Laws §
										40.1-21-15,
				 The Rhode Island State treasurer, ex officio, is the custodian of the
				 Self-Sufficiency Trust fund.
B. The
				 treasurer shall credit interest on the trust fund to the trust fund and the
				 Department shall allocate such interest pro rata to the respective accounts of
				 the named beneficiaries of the trust fund.
C. When the goods or services to the
				 Participant are being provided by a community provider, the Board shall
				 transfer the interest earnings on the private trust fund assets to the
				 Self-Sufficiency Trust and these funds shall be disbursed by the State to the
				 appropriate community provider. The controller of the State of Rhode Island
				 shall direct payments transferred from the private trust fund to the
				 Self-Sufficiency Trust upon vouchers properly certified by the
				 Department.
D. Accompanying each
				 transfer to the Self-Sufficiency Trust will be an itemized list which
				 identifies the following:
1. Each individual
				 for whom the funds are being transferred to provide services.
2. The total amount of funds transferred on
				 behalf of each Participant
3. The
				 period of time for which the transferred funds are to be paid to provide
				 services.
4. An invoice identifying
				 services and the amount to be paid.
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-10-00-1.1 - Purpose

Current through June 14, 2024
A. The Mission of the Department of Children,
				 Youth and Families (hereinafter the Department) is to partner with families and
				 communities to raise safe and healthy children and youth in a caring
				 environment.
B. The Department has
				 a responsibility to promote, safeguard and protect the social well-being and
				 development of children of the state through a comprehensive program which is
				 consistent with R.I. Gen. Laws §
										42-72-2.
C. The Department is mandated by federal and
				 state law and Department policy to make reasonable efforts to prevent a child's
				 removal from his/her home, to reunify the child and family and to make and
				 finalize an alternate permanent placement when the child and family cannot be
				 reunited. The Department is guided by principles of family-centered, culturally
				 competent practice and utilizes standardized tools at various points throughout
				 the Department's involvement with a family. Family represents the focus of all
				 work and family members are engaged through the development and implementation
				 of any plan. The family is defined broadly and includes biological parents,
				 adoptive families, extended kinship networks to include fictive kin, foster
				 families, and legal guardians.
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-10-00-1.2 - Authority

Current through June 14, 2024
These regulations are promulgated pursuant to the Freedom
					 of Information Act (1996) (5 U.S.C §
											552),  General Privacy Act
					 (1974) (5 U.S.C §
											552a),  R.I. Gen. Laws Chapters 42-72,
					 42-72.1, R.I. Gen. Laws §§
										42-73-8,
					  42-35-6,
					  42-73-9,
					  42-73-10,
					  42-72-8,
					  40-11-13,
					  8-10-21,
					  14-1-5,
					  14-1-11,
					  15-7-7,
					  23-3-23,
					  40.1-5-26,
					  40.1-5-27,
					  40.1-5-29,
					  38-2-1, and
					  15-9-3,
					 the Social Security Act (42 U.S.C. §
											675(4)(A)), 
					 Title VI of the Civil Rights Act of 1964 (42 U.S.C. §
											2000d  et seq .), Section 504 of
					 the Rehabilitation Act of 1973 as amended (29 U.S.C. §
											794),  and the Age Discrimination Act
					 of 1975 as amended (42 U.S.C. §
											6101  et seq .), Prison Rape Elimination Act
					 of 2003, Pub. L. No.
					 108-79.
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-10-00-1.3 - 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 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.4 - 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 10 - GENERAL ADMINISTRATION AND MANAGEMENT › Subchapter 00 - N/A › Part 1 - General Administration and Management › Section 214-RICR-10-00-1.5 - 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 placed at the RITS by order of the Family Court.
C. "Fatality" means the death of a child in
				 which confirmed child abuse or neglect is determined to be a contributing
				 factor to the cause of death.
D.
				 "Near fatality" means that a child was placed in serious or critical condition
				 as the result of an act of abuse or neglect. The child being placed in serious
				 or critical condition must be classified by the treating physician, and
				 reflected in the medical chart. The treating physician's determination that the
				 child is in serious or critical condition is accepted without further
				 assessment by the Department.
1. "A serious or
				 critical condition" means that the patient's vital signs are unstable and not
				 within normal limits. Patient is acutely ill, and/or unconscious, and/or has a
				 neurological status changes requiring medical intervention, because of child
				 abuse or neglect.
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-10-00-1.6 - Petition for Adoption of Rules

Current through June 14, 2024
A. In compliance
				 with R.I. Gen. Laws §
										42-35-6 (Petition for promulgation of rules), any interested person may petition the
				 Department requesting the promulgation, amendment, or repeal of any
				 regulation.
B. Individuals
				 requesting the promulgation, amendment, or repeal of any regulation should
				 address their concerns in writing to the Office of Practice Standards, Office
				 of the Director.
C. The request
				 should include:
1. Specific reference to the
				 policy/procedure section affected;
2. Specific action requested, i.e.
				 promulgation, amendment, or repeal; and
3. Rationale for request.
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-10-00-1.7 - Child Abuse and Neglect Registry Check

Current through June 14, 2024
A. To
				 ensure appropriate safeguards, state and federal law mandates a check of the
				 Department's Child Protective Services (CPS) records for many individuals,
				 including minors and adults, who provide care to children and youth. The
				 Department's Child Abuse and Neglect Registry Check is also known as a
				 Clearance of Agency Activity.
B.
				 The following individuals are required to submit to the Child Abuse and Neglect
				 Registry Check:
1. Subjects of reports of
				 child abuse and/or neglect to CPS;
2. Individuals referred to the Department for
				 services;
3. Adult members of
				 household where a child active with the Department resides;
4. Individuals associated with Department
				 involved families;
5. Relative and
				 non-relative foster care providers;
6. Adoptive parents;
7. Legal guardians;
8. Respite care providers;
9. Visiting resources;
10. Operators and employees (who have
				 supervisory/disciplinary authority over and/or routine contact with children
				 without the presence of others) of:
a.
				 Residential child care facilities;
b. Non-residential child care
				 facilities;
c. Child placing
				 agency;
d. Community base programs
				 required to be licensed or certified by the department.
11. Volunteers at any Department licensed
				 facility;
12. Department employees,
				 interns, and volunteers; and
13.
				 Individuals associated with organizations as determined by the
				 Department.
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-10-00-1.9 - Employment Background Checks: Facility Operators/Employees and Family Child Care Operators/Employees

Current through June 14, 2024
A. In accordance
				 with R.I. Gen. Laws Chapter 40-13.2, any person seeking to operate a
				 residential care facility, child care center, family child care home or
				 community based program which is licensed by the Department submits an
				 affidavit to the Department providing information relating to individual
				 employment history including a list of all positions held within three (3)
				 years prior to application for licensing.
B. R.I. Gen. Laws Chapter 40-13.2 also
				 mandates the person operating a facility which is licensed or registered with
				 the Department to require all persons seeking employment in positions which
				 involve supervisory or disciplinary power over or routine contact with a
				 child(ren) without the presence of other employees to submit a similar
				 affidavit. This affidavit must be submitted to the employer prior to
				 employment. The Department assumes responsibility for ensuring employment
				 background checks for family child care operators and employees.
1. The facility operator/Family child Care
				 Operators/Employees completes the Employment History Affidavit:
a. The facility operator/Family child Care
				 Operators/Employees identifies place(s) of employment, address(es), date(s),
				 and supervisor(s) for the past thirty- six (36) months. Employment includes
				 part-time, full-time, and/or volunteer.
b. If the facility operator/Family child Care
				 Operators/Employees has not been continuously employed for the past thirty- six
				 (36) months, he/she completes the affidavit stating that he/she has not been
				 employed and notes the dates he/she was unemployed.
c. Licensing staff verifies employment
				 information listed on the Employment History Affidavit for a period of twelve
				 (12) months prior to application.
d. The employment information received is one
				 of the factors utilized when making a determination for licensing.
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-10-00-1.10 - Complaints and Appeals

Current through June 14, 2024
A. The Department
				 has a responsibility to inform all persons receiving services or persons
				 seeking to receive services, licensees or prospective licensees and any person
				 "indicated" as a result of a child abuse and/or neglect investigation of the
				 right to an agency appeal to the Executive Office of Health and Human Services
				 (EOHHS) Hearing Officer or, if they are not satisfied with the agency decision,
				 of their subsequent right of appeal to the appropriate judicial
				 forum.
B. An attempt should be made
				 to resolve complaints at the level where the decision was made through a
				 discussion with the staff who made the decision and/or the staff's supervisor
				 or administrator prior to filing a formal appeal with EOHHS. The EOHHS Hearing
				 Officer provides an opportunity for any of the above named in §
										1.11(A)     of
				 this Part to be heard through a formal procedure for review of any Department
				 decision when efforts at informal resolution with the Department have not been
				 successful.
C. A complaint is any
				 oral or written request for remedy made to a Department staff person in the
				 field or office or to supervisory or administrative staff, concerning the
				 administration of Department policies and programs, in which the legal rights,
				 duties, or privileges of a specific person are required by law to be determined
				 by the Department. Such complaints may include but are not limited to:
1. Visitation;
2. Placement or removal of children from
				 foster homes;
3. Disagreement in
				 case planning;
4. Claims of
				 discrimination based on age, handicap, sex, race, religion, national origin, or
				 color;
5. Licensing
				 Issues;
6. Certification issues;
				 or
7. Indicated child abuse or
				 neglect findings.
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-10-00-1.11 - Confidentiality

Current through June 14, 2024
A. The Department keeps confidential all
				 information received from and/or about persons with whom the Department is
				 currently and/or was previously involved or otherwise has knowledge.
1. Access to such information is governed by
				 various state and federal laws and regulations and by Department
				 policy.
2. Access is limited to
				 authorized individuals and/or agencies/institutions, both public and private,
				 on a need and a right to know basis.
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-10-00-1.12 - Child Support Enforcement

Current through June 14, 2024
A. The Department
				 is obligated to pay for the support and maintenance of a child in any placement
				 whether public or private or under a purchase of services agreement. Parental
				 responsibility is not eliminated by the voluntary or involuntary placement of a
				 child outside his/her home and family. Whenever the Department pays for the
				 support of a child in the care of the Department, the parents of the child are
				 responsible to contribute to the cost of the child's care. The failure or
				 refusal of a parent to comply with a Family Court order for child support does
				 not result in a denial of services to the child.
B. The Department shall make referrals for
				 child support enforcement to the Department of Human Services Office of Child
				 Support Services (OCSS).
C. The
				 OCSS, in accordance with the provisions of R.I. Gen. Laws §
										15-9-3,
				 represents the Department in any Family Court proceedings relating to child
				 support enforcement. The responsibilities of the respective Departments and of
				 the Rhode Island Family Court are set forth in an Interagency Cooperative
				 Agreement executed by and between the Family Court, the Department of
				 Administration and the Department of Children, Youth and Families.
D. One or both parents, owing a duty of
				 support, are ordered by the Family Court to pay an amount based upon a formula
				 and guidelines adopted by an administrative order of the Family Court. The
				 formula and guidelines have been established in compliance with federal law,
				 which provide that each state establishes guidelines for child support award
				 amounts. The intent is to maintain family responsibility and commitment to the
				 child by using guidelines which are fair and equitable and which will not
				 result in family impoverishment or conflict with the goal of reunification of
				 the family. Once established, the obligation remains in effect until the child
				 leaves the Department paid placement or until a change in circumstance warrants
				 an adjustment in the application of the guidelines.
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-10-00-1.13 - Request for a Change of Worker

Current through June 14, 2024
A. Cases are
				 assigned according to the needs and geographical location of the family and
				 assignment is made in accordance with caseload agreements.
B. The case reassignment of Department staff
				 is rare and only occurs when it is apparent that the worker/client relationship
				 is an impediment to the achievement of the case plan goal and it is in the best
				 interests of the child.
C. It is
				 the responsibility of the Department to inform all prospective clients, persons
				 receiving service, and service providers of the right to an appeal and, if
				 there is dissatisfaction with the decision, of the subsequent right of appeal
				 to the Family Court.
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-10-00-1.14 - Nondiscrimination

Current through June 14, 2024
A. The Department ensures nondiscrimination
				 and equal opportunity to all persons.
B. Each program or activity for which the
				 Department receives federal financial assistance is operated in accordance with
				 this section. No individual, on the grounds of race, color, national origin,
				 age, handicap (including impaired vision or hearing), sex, sexual orientation,
				 religious belief, or political belief, is excluded from participation in,
				 denied the benefits of, or subjected to discrimination under any of the
				 Department's programs or activities. The prohibition against discriminatory
				 practices extends also to services purchased or obtained by the Department for
				 other agencies, organizations, and institutions; for the beneficiaries of the
				 program; and for the treatment of clients in facilities in which such services
				 are provided.
C. The Department
				 strictly prohibits discrimination on the basis of actual or perceived race,
				 color, religion, ancestry, national origin, age, gender, sexual orientation,
				 gender identity or expression, socioeconomic status or disability or by
				 association with an individual or group who has or is perceived to have one or
				 more of such characteristics.
D.
				 The Department requires staff and service providers to respect the dignity of
				 lesbian, gay, bisexual, transgender, queer, questioning and intersex
				 (hereinafter, LGBTQQI) youth. The Department, its staff, providers, interns
				 and/or volunteers offer services and interventions to youth without regard to
				 actual or perceived sexual orientation, gender identity or expression. LGBTQQI
				 youth receive fair and equal treatment in a professional and confidential
				 manner based on Department policy, state and federal law and regulation and
				 principles of sound professional practice, including culturally competent
				 mental health and medical care. LGBTQQI youth are protected from verbal,
				 physical and/or sexual harassment or assault based on actual or perceived
				 sexual orientation, gender identity or expression.
1.14.1
Grievance Procedures
A. An individual who wishes to allege
				 discrimination has several options, one or more of which may be pursued
				 simultaneously:
1. File a complaint with the
				 Department;
2. File a complaint
				 with the State Equal Opportunity Office;
3. File a complaint with the Rhode Island
				 Commission for Human Rights;
4.
				 Appeal an Agency Decision to the EOHHS Hearing Officer. He/she may raise civil
				 rights issues through the Administrative Hearing Process;
5. File a complaint with office of the
				 appropriate federal funding agency; and
6. File a lawsuit alleging civil rights
				 violations in State or Federal Court.
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-10-00-1.15 - Department Funded Mental Health Services

Current through June 14, 2024
The Department provides for community mental health
					 services for eligible children and youth, in accordance with the Department of
					 Children, Youth and Families Guidance for DCYF Funded Medicaid
					 Services.
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-10-00-1.16 - Family Care Community Partnership (FCCP) Referral

Current through June 14, 2024
A. The Department promotes, safeguards and
				 protects the overall well-being of culturally diverse children, youth and
				 families and the communities in which they live through a partnership with
				 families, communities and government. The Family Care Community Partnership
				 (FCCP) assists the Department by implementing a wraparound approach at the
				 community level for families that are referred for service.
B. The FCCP delivers family supports and
				 services for children, youth and families who are at risk for involvement or,
				 in specified situations, are involved with the Department.
C. Each of the following three populations of
				 children and families is eligible to access services and supports through the
				 FCCP.
1. Families at risk for Department
				 involvement through investigations identifying issues of child abuse, neglect
				 and/or dependency.
2. Families who
				 have received FCCP services and then open to the Department with legal status
				 if the child or children remain home and receive services and if referred by
				 the Department and deemed in the best interest of the family in the sole
				 discretion of the Department.
3.
				 Children, birth to age eighteen (18) years old, who meet criteria for having a
				 serious emotional disturbance (SED) or a diagnosis based on the current edition
				 of the DSM/DC: 0-3.
4. Children and
				 youth experiencing mental health and behavioral health issues or
				 concerns.
5. Youth in the community
				 at risk of becoming involved with the Juvenile Justice system including Youth
				 Diversionary Program and Wayward and Disobedient youth.
6. Youth concluding sentence to the Rhode
				 Island Training School (RITS) who agree to participate, including youth leaving
				 the RITS and youth leaving temporary community placement.