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Rhode Island Department of Children, Youth and Families
Department Operating Procedure
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Page 1 of 9
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Revision History:
July 7, 1984 V.1
January 2, 2002 V.2
November 16, 2009 V.3
October 20, 2011 V.4
April 26, 2012 V.5
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Title:
Child Abuse and Neglect Registry Check
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Related Forms:
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I. PURPOSE
The Rhode Island Department of Children, Youth and Families (hereinafter, the Department) maintains a central registry of reported cases of child abuse and neglect as required by RIGL Family Code §261.002. The Department’s central registry includes information gathered during Child Protective Services investigations of child abuse and neglect that resulted in a disposition of "indicated.” If there are no findings, the individual will clear the Department’s Child Abuse and Neglect Registry check.
An individual will not clear the Department’s Child Abuse and Neglect Registry check if:
Ø They have been indicated as a perpetrator for a disqualifying offense listed below in Section K. Disqualifying Child Abuse and Neglect Registry Check Information;
Ø or are involved as an alleged perpetrator in an open child abuse or neglect investigation. A new Child Abuse and Neglect Registry check may be requested at the conclusion of the investigation to determine if the individual was designated as a perpetrator of child abuse or neglect.
The Child Abuse and Neglect Registry check results do not include any child abuse or neglect case information if there was an investigation, but abuse/neglect was ruled out (unfounded) or if it was unable to be determined.
To ensure appropriate safeguards, state and federal law mandates a Child Abuse and Neglect Registry check for many individuals, including minors and adults, who provide care to children and youth. The following operating procedure provides detailed direction regarding who is required to submit to a Child Abuse and Neglect Registry check, the process for securing the review of Department of Children, Youth and Families records, individuals and organizations that are required to pay a fee for the check, and any disqualifying information that may be reported as a consequence of the check.
II. TERMS DEFINED
“Congregate Care” means group homes, residential treatment centers and assessment and stabilization centers.
“Kinship” means adult head of household, also referred to as foster parent or caregiver, who is granted a license by the Department to provide foster care for a related child in care or a child with whom the adult has a kinship bond. The kinship foster parent may be a relative or a member of the child’s family support system, such as a godparent, close family friend, or member of the child’s community. There may be one or two kinship foster parents in the household.
“Resource parent” means an adult head of household, also referred to as a foster parent, who is granted a license by the Department to provide foster care. There may be one or two resource parents in the household.
III. PROCEDURE
A. The following individuals (minors or adults) are subject to a check of the Department’s Child Abuse and Neglect Registry to determine any history of substantiated child abuse or neglect involvement:
1. Subjects of reports of child abuse and/or neglect to Child Protective Services (CPS);
2. Individuals referred to the Department for services;
3. All members of the 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. Formal respite care providers, in accordance with DOP: 700.0120; Respite Care Services;
9. Visiting resources;
10. Owners/operators, all prospective and current employees, consultants, and volunteers of congregate care facilities;
11. Owners/operators and child-caring employees of child-placing agencies;
12. Owners/operators and child-caring employees of child care centers:
a. Operators and employees of child care centers are subject to a Child Abuse and Neglect Registry check every five years of employment.
13. Family child care home providers, assistants, and household members:
a. Providers, assistants, and adult household members of family child care homes are subject to a Child Abuse and Neglect Registry check every five years.
14. Community-based programs requiring Department licensure;
15. Department employees, interns and volunteers; and
16. Individuals associated with organizations as determined by the Department.
B. The individuals listed below are responsible for paying for the check of the Department’s Child Abuse and Neglect Registry. The cost of the check is $10.
1. Individuals seeking to adopt through private agencies.
2. Family child care home and child care center owners/operators and employees, including assistants and emergency assistants, and adult household members.
3. Owners/operators and employees of congregate care facilities.
4. Owners/operators and employees of child-placing agencies.
5. Volunteers of private agencies who have supervisory or disciplinary power over or routine contact with children without the presence of staff.
6. (With the exception of employees of governmental agencies in the performance of official duties), individuals requesting an out-of-state Child Abuse and Neglect Registry check.
C. Individuals subject to a Child Abuse and Neglect Registry check may also be subject to a statewide or nationwide criminal records background check and/or an employment background check. Refer to DOP: 100.0215, Criminal Record Background Check(s) and DOP: 100.0210, Employment Background Checks Facility Operators/Facility Employees.
D. The Child Abuse and Neglect Registry check must be completed prior to a person working or serving in any role subject to a check.
1. Notification of the results of the check is provided to the applicant and employer or requesting organization, providing that the applicant has authorized the release of information.
2. Child Abuse and Neglect Registry checks are completed during the renewal process for all Department licenses.
3. Documentation is as follows:
a. All information obtained through the check for individuals referenced in Section III.A.1. -9., and Section III.A.13 is recorded on Form #035 and included in the hard copy record.
b. All information obtained through the check for individuals referenced in Section III.A.10-12, and Section III.A.14.-16, is recorded on the Form #035A (Department Clearance Request/Results (Facility) and included in the hard copy record.
4. In emergencies, a complete check of this information cannot delay the processing of a referral. There may only be time to determine if the subject of the report is currently active with the Department or has had prior Departmental involvement. The assigned worker is responsible for ensuring that a comprehensive Child Abuse and Neglect Registry check is completed as soon as possible, in accordance with DOP: 700.0035, Kinship Care.
a. The result of the check for an emergency kinship (child-specific relative and non-relative) placement resource is documented on the Form #035.
5. During the course of conducting the Child Abuse and Neglect Registry check, staff may discover information about the applicant, not relating to disqualifying child abuse and/or neglect information, which he or she believes poses a risk of physical injury by the person to himself or herself or others.
a. Staff may believe that disclosure of the records is necessary to reduce that risk.
b. In this situation, staff consults the Department’s chief legal counsel to determine if disclosure of this information is permissible under RIGL 42-72-8, Confidentiality of Records.
E. Providers can request a Child Abuse and Neglect Registry check from the Department of Children, Youth and Families online via the following weblink: https://www.ri.gov/DCYF/clearancerequest/
F. Department Responsibility for Child Abuse and Neglect Registry Checks
1. DCYF Child Protective Services Investigative staff initiate and complete the following Child Abuse and Neglect Registry checks, including a RICHIST and Masterfile check, relating to their assignments:
a. Subjects of reports of child abuse and/or neglect to the Call Floor.
b. Individuals referred to the Department for services.
c. Adult members of a household where a child active with the Department resides.
d. Individuals associated with Department involved families.
e. Emergency kinship placement resources.
f. The Child Abuse and Neglect Registry check must be completed before a case is transferred to the Family Services Unit (FSU).
2. DCYF FSU, RI Training School (RITS) and Probation staff initiate and complete the following Child Abuse and Neglect Registry checks, including a RICHIST and Masterfile check, relating to their assignments:
a. Case related checks, e.g., adult members of a household where a child active with Department resides, individuals associated with Department involved families.
b. Emergency kinship placement resources.
3. DCYF Adoption and Foster Care Licensing and Community Services and Behavioral Health staff initiate and complete the following Child Abuse and Neglect Registry checks, including a RICHIST and Masterfile check, relating to their assignments:
a. During licensing and renewal of licensing processes;
b. Congregate care facility operators and employees;
c. Child-placing agency providers;
d. Children’s behavioral health providers;
e. Relative and non-relative foster and adoptive parents and household members;
f. Legal guardians and household members;
g. Visiting resources (a visiting resource is an individual who maintains regular contact, which may include overnight and weekend visitation, with a child in the care of the Department and is considered to be a prospective foster care resource);
h. Department checks are done on any relative guardian and any adult living in the home of any relative guardian before the relative guardian may receive Title IV-E kinship guardianship assistance payments on behalf of the child;
i. Specific procedures relating to processing and notification of Child Abuse and Neglect Registry checks for foster care licensing, including emergency kinship care, are outlined in DOP:700.0035, Kinship Care, and DOP: 100.0250, Licensing of Foster Care Homes.
4. DCYF Records Center staff complete the following Child Abuse and Neglect Registry checks:
a. All owners/operators and employees of congregate care facilities;
b. Owners/operators and child-caring employees of child-placing agencies;
c. Owners/operators and child-caring employees of child care centers;
d. Department of Human Service (DHS) programs or staff;
e. Individuals associated with organizations determined by the Department to require a Child Abuse and Neglect Registry check;
f. Requests from other states, including federally mandated child abuse and neglect registry checks;
i. DCYF Records Center receives requests for a Child Abuse and Neglect Registry check from Department staff and other agencies and organizations. Requesting staff person completes Section I of the Form #035, and conducts the clearance and forwards to the Record Center who will then conduct the Masterfile check section.
ii. Child Care Centers, Congregate Care Child Care Facilities, and Child Placing Agencies utilize the Form #035A, Department Clearance Request/Results (Facility).
iii. Records Center staff gathers information necessary to evaluate the Child Abuse and Neglect Registry check, enters it in Section II of the Form #035 or #035A, and returns the completed form to the requesting staff person, the appropriate unit or to the requesting agency. Record center staff only complete the Masterfile section of this form.
iv. The requesting staff person makes the final determination as described below and informs the appropriate individuals of the outcome of the check.
5. Department Human Resources staff conduct checks for Department personnel (including consultants, volunteers, interns, and RITS employees).
6. Department of Human Services (DHS) initiate Child Abuse and Neglect Registry checks for family child care home providers, assistants, and household members over the age of 18.
a. Authorized employees from the DHS Office of Child Care Licensing conduct a preliminary child abuse and neglect registry check for applicable individuals born 1984 or later utilizing the RICHIST Person Search. DHS staff run a RICHIST #321 Report to obtain the findings.
b. If the RICHIST #321 Report identifies no disqualifying information, the individual has a satisfactory Child Abuse and Neglect Registry check result.
c. DHS forwards the Child Abuse and Neglect Registry check to the DCYF Records Center for further review if the result of the initial check is one or more of the following:
i. An individual is born before 1984, and a passed Masterfile check is not documented on the Background Check screen in RICHIST;
ii. A duplicative name is found in RICHIST that cannot be validated with a birthdate or other comparable identifier;
iii. The confirmation on the #321 report states that there is an Indicated finding on any Child Abuse or Neglect investigation;
iv. The confirmation on the #321 report states “Pending” or “Unable to Complete” on any Child Abuse or Neglect investigation; and/or
All “pending” and “unable to complete” investigations to be reviewed by CPS Director or his/her designee.
v. DHS Office of Child Care Licensing staff is not able to interpret the report outcome.
d. DHS Licensing staff is responsible for requesting from any other state in which the prospective or current family child care home provider, assistant or other adult household member has resided in the preceding five years, a check of any child abuse and neglect registry maintained by that state before the prospective or current family child care home provider may be licensed or re-licensed. Refer to Section I. below.
G. If there is a person record for the individual in RICHIST, the result is documented in the Background Check section of the Person Management window in RICHIST. The Child Abuse and Neglect Registry check for an emergency kinship (child-specific relative and non-relative) placement resource is documented on Form #035, in accordance with DOP: 700.0035 Kinship Care.
H. Disclosure of Results from the Child Abuse and Neglect Registry Check
1. The information that may be disclosed is whether the applicant is or is not found on the Child Abuse and Neglect Registry.
2. The following information may not be disclosed:
a. The existence of an unfounded allegation of abuse and neglect;
b. An indicated allegation that has been appealed or pending an appeal;
c. An indicated allegation, if the timeframe for requesting an appeal has not yet expired; and
d. A pending open investigation.
3. The Department may disclose that a person is on the Child Abuse and Neglect Registry before the time for requesting an appeal has expired or while an appeal is pending if the child abuse or neglect resulted in or involved:
a. The death of a child;
b. The risk of serious physical injury or emotional harm of a child;
c. The serious physical harm of a child;
d. The arrest of the person due to abuse or neglect of a child;
e. A neglect or termination of a parental rights petition has been filed by the Department; or
f. Sexual abuse of a child.
I. Out-of-State Child Abuse and Neglect Registry Checks
1. Out of state Child Abuse and Neglect Registry checks are required for any of the following individuals that has lived out of state within the past five years:
a. Licensed family home child care providers, their assistants, and household members over the age of 18;
b. Staff members employed in licensed child care centers;
c. Owners/operators, all prospective and current employees, consultants, and volunteers of congregate care facilities;
d. Resource (foster) parents and any household members over the age of 18; and
e. Informal providers. This includes providers, staff, and household members who supervise children in care or who have unsupervised access to children in care.
2. If an employee or applicant for employment of a child care center, congregate care facility, or child-placing agency has lived out of state in the previous five years, the employer is responsible for contacting the applicable state’s Child Welfare Department to request an out-of-state Child Abuse and Neglect Registry check to determine if the employee or applicant has any disqualifying substantiated report of child abuse and/or neglect in that state.
a. Out-of-state Child Abuse and Neglect Registry checks do not include unsubstantiated reports, information from the Bureau of Criminal Identification (BCI), or Sexual Offender Registry Information (SOR).
3. DHS Licensing staff is responsible to request from any other state in which the prospective family child care homeowner, employee, or adult household member has resided in the preceding five years, a check of any child abuse and neglect registry maintained by that state before the prospective owner, employee, or adult household member may be licensed or re-licensed.
4. Foster Care and Adoption Licensing staff request from any other state in which the prospective foster or adoptive parent or other adult household member has resided in the preceding five years, a check of any child abuse and neglect registry maintained by that state before the prospective foster or adoptive parent may be licensed or re-licensed.
a. These checks are completed regardless of whether Title IV-E foster care maintenance payments or adoption assistance payments are to be made on behalf of the child.
b. The Foster Care Licensing worker reviews information received from the Child Abuse and Neglect Registry in each state that the prospective caretaker(s) and any other adult(s) living in the home have resided in the preceding five years.
c. The worker documents the results of the check on the Department Form #035.
d. If another state does not maintain a registry or if the state has an Administration for Children and Families (ACF) approved delayed effective date, the worker must document on the Department Form #035, and this will not affect licensure.
e. If another state does maintain a registry and is unwilling to provide this information, a license may not be issued until the information is received. The worker documents on the Department Form #035 and informs the Licensing Administrator or designee, who notifies the ACF regional office.
5. If the applicant or adult in the household has lived outside of the country in the previous five years (examples: for military purposes, employment, study abroad), a child welfare background check from that country must be submitted.
J. If the Child Abuse and Neglect Registry check reveal indicated finding(s) of child abuse and/or neglect and the applicant is identified as the indicated perpetrator, the worker or supervisor reviews relevant information in the record to ensure that the finding is accurate. The worker/ supervisor reviews the results of the Child Abuse and Neglect Registry Check and follows procedures outlined below in Section K. to determine if the information will disqualify a person from working, obtaining a license, or serving in any other role subject to a Child Abuse and Neglect Registry Check.
K. Disqualifying Child Abuse and Neglect Registry Check Information
1. 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, 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 Department Child Abuse and Neglect Registry check.
a. Indicated Abuse or Neglect Findings
i. Death
ii. Brain Damage/Skull Fracture
iii. Subdural Hematoma
iv. Internal Injury
v. Malnutrition/Starvation
vi. Drug/Alcohol Misuse*
vii. Sexually Transmitted Disease
viii. Sexual Intercourse
ix. Sexual Exploitation
x. Sexual Molestation
xi. Failure to Thrive
xii. Tying/Close Confinement
xiii. Emotional Abuse
xiv. Abandonment
xv. Medical Neglect
xvi. Medical Maltreatment
xvii. Corporal Punishment (Institutional)
b. Indicated Abuse Findings
i. Burn/Scalding
ii. Poisoning
iii. Wound
iv. Bone Fracture
v. Excessive/Inappropriate Discipline*
vi. Cut/Bruise/Welt*
vii. Human Bite
viii. Sprain/Dislocation
2. In instances where there are indicated allegations of child abuse and/or neglect, which are not included in Section K. Disqualifying Child Abuse and Neglect Registry Check Information, the applicant is not automatically disqualified from seeking employment or a license.
a. The decision to hire remains with the employer.
b. The decision to license remains with the applicable Department.
3. Most of the indicated findings of abuse and/or neglect listed automatically disqualify an individual from acting in such a capacity.
4. Administrative discretion is allowed in a case where the sole indicated finding is Excessive/Inappropriate Discipline (#1.b.v), Cut/Bruise/Welt (#1.b.vi), or Drug/Alcohol Abuse (#1.a.vi) if there is no serious physical injury to a child. In these limited situations, there can be an administrative determination that, notwithstanding an indication of one of these three allegations, the individual should not be disqualified from employment or licensing/certification.
5. This determination can be made by the DCYF Executive Director, Deputy Director, Associate Director, Assistant Director of Child Protective Services, Chief of Child Protective Investigations, the Assistant Director of Community Services, and the Behavioral Health and the Licensing Administrator.
6. The Executive Director, Deputy Director, Associate Director, Assistant Director of Child Protective Services, and the Chief of Child Protective Investigations are authorized to overturn the indicated finding.
7. In limited situations, involving incidents in which there is no serious physical injury to a child, there can be a Department administrative determination that, notwithstanding an indication of one of these three allegations, the individual will not be disqualified from employment or licensing.
8. If there is a difference of opinion between DCYF divisional administrators regarding the licensing of a placement based on one of these findings, the respective division heads review issues and make a final determination.
9. All Department involvement will be reviewed and based upon such review, an individual with a history of Department involvement that is not automatically disqualifying may be denied working or serving in a role subject to a Child Abuse and Neglect Registry check if it is determined that the conduct of the applicant impacts upon the fitness and suitability of the individual.
L. Notifications
1. The results of a Child Abuse and Neglect Registry check are provided to facility employers and applicants by the assigned worker/supervisor.
2. The Department Form #171, Employment Status Notification-Employer, is forwarded to the requesting agency or employer indicating the results of the check:
a. Indicated child abuse and/or neglect - Disqualifying Information
b. Indicated child abuse and/or neglect - Not automatically disqualifying
c. No record of indicated child abuse and/or neglect.
3. The Department Form #171A, Employment Status Notification-Applicant, is forwarded to the applicant, indicating the results of the Child Abuse and Neglect Registry check. If the check reveals any disqualifying indicated child abuse and/or neglect, the applicant has the right to file an appeal on Form #016, Request for Hearing, in accordance with DOP: 100.0040; Complaints and Appeals.