§ 33-15-6.1. National criminal background checks for persons appointed limited guardian or guardian.
(a) In order to assist and protect Rhode Island’s at-risk elderly and others over whom a limited guardian or guardian would be required, all persons applying for appointment as a limited guardian or guardian shall apply to the Rhode Island attorney general, the Rhode Island state police, or to the appropriate local police department for a nationwide criminal records check, utilizing a standard form to be provided by the probate court. The applicant whose criminal records check is being conducted shall be responsible for the payment of the costs of the criminal records check. The check will conform to the applicable federal standards, including the taking of fingerprints of the applicant.
(b) An individual may be appointed as a temporary limited guardian or temporary guardian for a period not to exceed ten (10) days, pending completion of the national criminal background check required by this section.
(c) For the purposes of this section, information produced by a national criminal records check pertaining to conviction for the following crimes may be considered as “disqualifying information”: murder; voluntary manslaughter; involuntary manslaughter; first-degree sexual assault; second-degree sexual assault; third-degree sexual assault; assault on persons sixty (60) years of age or older; assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the abominable and detestable crime against nature); felony assault; patient abuse; neglect or mistreatment of patients; burglary; first-degree arson; robbery; felony drug offenses; felony larceny or felony banking law violations; felony obtaining money under false pretenses; felony embezzlement; abuse, neglect, and/or exploitation of adults with severe impairments; exploitation of elders; or a crime under section 1128(a) of the Social Security Act (42 U.S.C. § 1320a-7(a)).
(d) For the purposes of this section, “conviction” means, in addition to judgments of conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has entered a plea of nolo contendere and has received a sentence of probation and those instances where a defendant has entered into a deferred sentence agreement.
(e) If any disqualifying information is discovered with respect to the applicant, the bureau of criminal identification of the attorney general, state police, or the local police department will inform the probate court, in writing, without disclosing the nature of the disqualifying information, that an item of disqualifying nature has been discovered. In addition, the bureau of criminal identification of the attorney general, state police, or the local police department will inform the applicant, in writing, of the nature of the disqualifying information. An applicant against whom disqualifying information has been found may request that a copy of the criminal background report be sent to the probate court which shall make the determination of suitability of the applicant.
(f) At the conclusion of any background check required by this chapter, the bureau of criminal identification of the attorney general, state police, or the local police department will promptly destroy the fingerprint card of the applicant.
(g) In those situations in which no disqualifying information has been found, the bureau of criminal identification of the attorney general, state police, or the local police department shall inform both the applicant and the probate court of this fact.
(h) The probate court shall maintain a record subject to review by the department of attorney general of the evidence that criminal background checks have been initiated and completed and the results thereof, in compliance with the provisions of this section for all persons seeking appointment as a guardian or limited guardian after January 1, 2020.
History of Section.P.L. 2019, ch. 273, § 1; P.L. 2019, ch. 282, § 1.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-15 - Limited Guardianship and Guardianship of Adults
Section 33-15-1. - Legislative intent.
Section 33-15-1.1. - Repealed.
Section 33-15-2. - Petition for appointment of a limited guardian or guardian.
Section 33-15-3. - Power of probate court to appoint limited guardians or guardians.
Section 33-15-4. - Limited guardianship.
Section 33-15-4.1. - Good Samaritan guardians.
Section 33-15-4.2. - Waiver of filing fees for good Samaritan guardianships.
Section 33-15-4.3. - No cash surety required.
Section 33-15-4.4. - Immunity of good Samaritan guardians.
Section 33-15-4.5. - Continuing duties of good Samaritan guardians.
Section 33-15-6. - Who may be appointed limited guardian or guardian.
Section 33-15-8. - Authority of limited guardian or guardian.
Section 33-15-8.1. - Temporary guardianship for specific purpose.
Section 33-15-10. - Appointment of temporary limited guardian or guardian.
Section 33-15-11. - Tenure of temporary limited guardian or guardian.
Section 33-15-12. - Powers of temporary limited guardian or guardian — Bond.
Section 33-15-13. - Recording of petition in land records — Disability to contract.
Section 33-15-14. - Expense of prosecuting or defending against petition.
Section 33-15-15. - Exemption of welfare agencies from costs and bond.
Section 33-15-16. - Guardian of estate of nonresident.
Section 33-15-18. - Removal of limited guardian or guardian or conservator — Resignation.
Section 33-15-19. - Inventory and appraisement of estate.
Section 33-15-20. - Statements of claims against estate.
Section 33-15-21. - Demands payable in future.
Section 33-15-22. - Addresses of creditors — Affidavit to support claim.
Section 33-15-23. - Notice of disallowance of claims.
Section 33-15-25. - Action on limited guardian’s or guardian’s bond.
Section 33-15-26. - Annual account.
Section 33-15-26.1. - Annual status report.
Section 33-15-27. - Allowances to limited guardian or guardians.
Section 33-15-31. - Application of personal property to debts — Priority of claims.
Section 33-15-32. - Sale or mortgage of real estate.
Section 33-15-33. - Sale of personal property.
Section 33-15-35. - Investment of surplus funds — Relief from bond requirements.
Section 33-15-36. - Powers of limited guardian or guardian with respect to corporate stock.
Section 33-15-37. - Support of dependents for whom ward has no legal obligation to provide.
Section 33-15-37.1. - Minimization of taxes — Estate planning.
Section 33-15-38. - Powers unimpaired by §§ 33-15-37 and 33-15-37.1.
Section 33-15-40. - Appeal to supreme court from proceedings under §§ 33-15-37 and 33-15-37.1.
Section 33-15-41. - Applicability of §§ 33-15-37 — 33-15-40.
Section 33-15-42. - Removal of property by nonresident guardian.
Section 33-15-43. - Order to resident guardian to deliver property to nonresident guardian.
Section 33-15-44. - Conservator for incompetent person — Disability to contract.
Section 33-15-45. - Conservator’s bond and inventory — Management and accounting.