214 R.I. Code R. 214-RICR-10-00-1.7

Current through November 7, 2024

Section 214-RICR-10-00-1.7 - Child Abuse and Neglect Registry Check

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.

C. Individuals subject to a Child Abuse and Neglect Registry Check may also be subject to a statewide or nationwide criminal record background check and/or an employment background check and/or a statewide or national sex offender registry check.

D. The Department will conduct the Child Abuse and Neglect Registry Check in accordance with Department Operating Procedure and will assess if a person is disqualified based on the list of disqualifiers cited in § 1.8.1 of this Part.

1.7.1Child Abuse and Neglect Registry Check- Disqualifying Information

A. An applicant, who has been identified as an indicated perpetrator of a Child Protective Services (CPS) Investigation with a final finding of an allegation listed below in §§1.8.1(B) and (C) of this Part, is disqualified from owning or seeking employment in a child care facility, receiving a license to provide care for a child or serving in any other role subject to a Department clearance.

B. Indicated Abuse or Neglect Findings

1. Death

2. Brain Damage/Skull Fracture

3. Subdural Hematoma

4. Internal Injury

5. Malnutrition/Starvation

6. Drug/Alcohol Abuse

7. Sexually Transmitted Disease

8. Sexual Intercourse

9. Sexual Exploitation

10. Sexual Molestation

11. Failure to Thrive

12. Tying/Close Confinement

13. Emotional Abuse

14. Abandonment

15. Medical Neglect

16. Medical Maltreatment

17. Corporal Punishment (Institutional)

C. Indicated Abuse Findings

1. Burn/Scalding

2. Poisoning

3. Wound

4. Bone Fracture

5. Excessive/Inappropriate Discipline

6. Cut/Bruise/Welt

7. Human Bite

8. Sprain/Dislocation

D. In certain situations, involving incidents with an indicated allegation of Drug/Alcohol Abuse, Excessive/Inappropriate Discipline, Cut/Bruise/Welt, Tying/Close Confinement, Abandonment, Medical Neglect, or Corporal Punishment (Institutional) in which there is no serious physical injury to a child, there may be an administrative determination that the individual will not be disqualified from employment or licensing.

E. In instances where CPS involvement is noted, but not specified above, the applicant is not automatically disqualified from seeking employment or a license. The decision to hire remains with the employer. The decision to license remains with the Department.

214 R.I. Code R. 214-RICR-10-00-1.7

Adopted effective 12/27/2018