214 R.I. Code R. 214-RICR-20-00-1.7

Current through December 3, 2024

Section 214-RICR-20-00-1.7 - Criteria for Child Protective Services Investigation

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.

B. For purposes of CA/N reports relating to allegations of sex trafficking and/or severe forms of trafficking, any person (not limited to the parent or other person responsible for the child's welfare) who is alleged to be responsible for committing or allowing to be committed any act of sex trafficking, commercial sexual exploitation, or human trafficking must be subject to an investigation by the Department to determine if the child is a victim of child abuse or neglect. Any child identified as a victim of sex trafficking or severe forms of trafficking is considered a victim of child abuse and neglect and sexual abuse.

C. The Department is responsible to investigate a child fatality in cases where there are allegations of child maltreatment and the caretakers have access to other minor children.

D. The Department is responsible to investigate reports of "near fatalities" in cases where there are allegations of child maltreatment.

E. A CPS investigation must be initiated when the Department receives a report that a parent has assigned or otherwise transferred to another, not related to him or her by blood or marriage, his or her rights or duties with respect to the permanent care and custody of his or her child under eighteen (18) years of age, unless the arrangement was authorized by an order or decree of the court.

F. A CPS investigation must be initiated when the Department receives a report that a perpetrator, who has been convicted, adjudicated, or indicated for the following categories of sexual abuse or serious physical abuse, has physical access to other children.

1. Convictions:

a. Murder (involving a child)

b. First degree child abuse

c. Battery by an adult upon children ten years of age or younger - serious bodily injury

d. First degree child molestation

e. Second degree child molestation

2. Adjudications in Family Court

a. Termination of Parental Rights based on finding of conduct toward a child of a cruel and abusive nature

b. Sexual abuse

3. Indicated Abuse Findings (CPS)

a. Death

b. Brain damage

c. Subdural hematoma

d. Internal injuries

e. Intercourse

f. Sexual exploitation

g. Molestation

G. The Department must issue an alert to area hospitals when there is a risk of harm to a child born to a parent with a history of substantiated child abuse or neglect or a child abuse/neglect conviction.

1. The birthing hospital must contact the CPS Hotline upon the birth of the infant in response to the safety alert.

214 R.I. Code R. 214-RICR-20-00-1.7

Amended effective 1/20/2021