§ 14-1-34. Placement of dependent and neglected children — Criminal records of foster parents made available.
(a) If, after a hearing on any petition, a child shall be found to be dependent or neglected within the meaning of this chapter, the court shall by decree assign the custody of the child to the director of children, youth and families, for any period that shall seem fit to the court; and the director of children, youth and families shall become entitled to the custody of the child to the exclusion of any other person. The court may at any time, for good cause shown, modify or revoke the decree.
(b) The department of children, youth and families shall apply to the bureau of criminal identification of the state police or the local police department for a nationwide criminal records check of prospective foster parents or the department of children, youth and families may directly process a nationwide criminal records check of prospective foster parents and any household member age 18 and older. The check will conform to the applicable federal standards including the taking of fingerprints to identify the applicant. The department of children, youth and families shall request the attorney general, through the division of criminal identification, to make available any criminal record of present and prospective foster parents. The attorney general shall immediately comply with that request, and the department of children, youth and families shall examine these records in determining the suitability of these persons to be foster parents. The criminal record check shall be conducted without charge to the foster parents. At the conclusion of the background check required in this section, the state police, attorney general, or the local police department shall promptly destroy the fingerprint record of the applicant obtained pursuant to this chapter.
(c) No license shall be issued by the department of children, youth and families to any individual seeking to be licensed as a foster parent until such time as the results of both the nationwide and statewide, criminal record background check, including the nature of any prior criminal record, are forwarded to the department of children, youth and families. The department may authorize the placement of a child in a prospective foster home pending licensure for a period not to exceed six (6) months only after the department has conducted a DCYF background check pursuant to § 40-13.2-3.1 and a statewide criminal record background check. In the event the department is unable to complete the licensing process within six (6) months of the child’s placement in the foster home, and if the department determines that continued placement of the child in said foster home is in the child’s best interest, the department shall file a petition with the family court to seek authorization to allow the child(ren) to remain in the foster home pending completion of the licensing process. The department shall provide notice of all such petitions to the office of the child advocate, children(s) parent/guardian, and CASA attorney.
History of Section.P.L. 1944, ch. 1441, § 25; G.L. 1956, § 14-1-34; Reorg. Plan No. 1, 1970; P.L. 1978, ch. 77, § 1; P.L. 1981, ch. 285, § 1; P.L. 1982, ch. 231, § 1; P.L. 1993, ch. 138, art. 43, § 1; P.L. 2000, ch. 107, § 1; P.L. 2001, ch. 77, art. 23, § 2; P.L. 2007, ch. 23, § 1; P.L. 2007, ch. 25, § 1; P.L. 2007, ch. 73, art. 22, § 1; P.L. 2016, ch. 147, § 1; P.L. 2016, ch. 154, § 1.
Structure Rhode Island General Laws
Title 14 - Delinquent and Dependent Children
Chapter 14-1 - Proceedings in Family Court
Section 14-1-1. - Short title.
Section 14-1-2. - Purpose of chapter.
Section 14-1-3. - Definitions.
Section 14-1-4. - Idleness or frequenting of disreputable places.
Section 14-1-5. - Exclusive jurisdiction.
Section 14-1-5.1. - Age in dispute.
Section 14-1-6. - Retention of jurisdiction.
Section 14-1-6.2. - Sentencing.
Section 14-1-7. - Waiver of jurisdiction or certification hearing.
Section 14-1-7.1. - Waiver of jurisdiction — Proof.
Section 14-1-7.2. - Certification — Proof.
Section 14-1-7.3. - Certification — Effect.
Section 14-1-7.4. - Waiver or certification of juvenile drug offenders.
Section 14-1-8. - Jurisdiction over adults.
Section 14-1-9. - Waiver of jurisdiction over adult.
Section 14-1-10. - Preliminary investigation on information furnished to court.
Section 14-1-11. - Authorizing and filing petition.
Section 14-1-11.1. - Commitment of voluntary placements.
Section 14-1-12. - Form and contents of petition.
Section 14-1-13. - Complaints pertaining to feeble-minded persons.
Section 14-1-14. - Petitions for adoption.
Section 14-1-15. - Warrants for offenses against children.
Section 14-1-16. - Summons of child or adult in charge of child.
Section 14-1-17. - Service of summons.
Section 14-1-18. - Process running throughout state — Persons authorized to serve.
Section 14-1-19. - Failure to obey summons.
Section 14-1-20. - Release or placement of child in custody of officer.
Section 14-1-21. - Release or detention of child under custody of court.
Section 14-1-22. - Taking child into immediate custody.
Section 14-1-23. - Place of detention of juveniles.
Section 14-1-24. - Care of girls detained.
Section 14-1-25. - Arrest of juveniles without warrant.
Section 14-1-26. - Separation from adult offenders.
Section 14-1-26.1. - Temporary custody of status and non-offenders.
Section 14-1-27. - Temporary detention in public or private institutions.
Section 14-1-28. - Transfer of cases from other courts.
Section 14-1-29. - Times and places of hearings.
Section 14-1-30. - Conduct of hearings.
Section 14-1-30.1. - Compelling evidence in hearings — Immunity.
Section 14-1-30.2. - Foster parents — Notice of court proceedings.
Section 14-1-31. - Services of public defender.
Section 14-1-32. - Power of court to order disposition of child.
Section 14-1-32.1. - Juvenile victim restitution program.
Section 14-1-32.2. - Administration of program — Payment for services.
Section 14-1-32.3. - Appropriations.
Section 14-1-32.4. - Family counseling for drug or alcohol related offenses.
Section 14-1-33. - Supervision of child placed on probation.
Section 14-1-35. - Guardianship of agency to which child entrusted — Adoption proceedings.
Section 14-1-36. - Commitment of delinquent and wayward children.
Section 14-1-36.1. - Release from training school.
Section 14-1-36.3. - Community confinement.
Section 14-1-37. - Other disposition for best interests of child.
Section 14-1-38. - Insufficient evidence of waywardness or delinquency.
Section 14-1-39. - Fees for delivery of child to court or institution.
Section 14-1-40. - Adjudication not having effect of conviction.
Section 14-1-41. - Protection of religious faith.
Section 14-1-44. - Effect of order for maintenance — Enforcement.
Section 14-1-45. - Procedures in adult cases — Sentence.
Section 14-1-45.1. - Compelling evidence in adult cases — Immunity.
Section 14-1-46. - Institution of proceedings against adults — Process.
Section 14-1-47. - Trial by judge or jury.
Section 14-1-48. - Jury trial in family court.
Section 14-1-48.1. - Powers of chief judge in jury trials.
Section 14-1-49. - Fees for service of process or attendance in court.
Section 14-1-50. - [Obsolete.]
Section 14-1-51. - Physical or mental examination and treatment.
Section 14-1-53. - Effect of pendency of appeal.
Section 14-1-54 - — 14-1-57. Repealed.
Section 14-1-59. - Cooperation of public and private agencies.
Section 14-1-59.1. - Procedural safeguards.
Section 14-1-61. - Rules of court.
Section 14-1-62. - Construction of chapter.
Section 14-1-63. - [Obsolete.]
Section 14-1-64. - Disposition of juvenile records.
Section 14-1-65. - Hearings for out-of-state placement of children.
Section 14-1-66. - Application by victim to obtain name of juvenile.
Section 14-1-67.1. - Revocation of motor vehicle operator’s license for failure to make restitution.
Section 14-1-68. - Child witness.