RI 2026 H7949: State Affairs and Government - Licensing and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and Adoptive Homes, and Children's Behavioral Health Programs

Plain-English Summary

This legislation expands the responsibilities of the Rhode Island Department of Children, Youth and Families (DCYF). Specifically, it requires the department to license and monitor "mobile response and stabilization services." The bill defines these services as behavioral health crisis intervention systems designed to assist children and young adults up to age twenty-one. By adding this category to existing law, the bill ensures that these mobile crisis teams are subject to the same regulatory oversight, safety standards, and licensing requirements as other child-caring agencies and foster homes in the state.

For younger readers

This bill is about helpers who travel to assist kids and young adults who are having a very hard time with their feelings or behavior. These helpers are called "mobile response" teams. The bill says that the government department in charge of children (DCYF) must give these teams a special permission slip, called a license, to do their job. This allows the government to watch the teams to make sure they are following the rules and keeping kids safe. If the teams don't follow the rules, the government can stop them from working.

Who & Where It Applies

Impacted groups

Children and young adults (under 21)Behavioral health service providersDepartment of Children Youth and Families (DCYF)Parents and guardiansSocial workers

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Increases the quality and safety of mental health care for vulnerable youth by ensuring crisis intervention providers meet state standards.
Strengthens the social safety net by formally recognizing and regulating mobile crisis services, ensuring they are integrated into the broader child welfare system.
Provides a mechanism for accountability and recourse for families if they receive substandard or harmful care from crisis intervention teams.
Could create bureaucratic hurdles or costs that discourage new community-based providers from entering the field, potentially limiting the availability of services.
Expanding the authority of DCYF may be viewed with skepticism by communities that have historically had negative or disproportionate interactions with child protective services.
The legislation focuses on regulation rather than funding, potentially adding requirements without providing the necessary resources to meet them.

For Conservatives

Ensures accountability and rule of law by requiring behavioral health providers to operate under a state license, preventing unregulated activity.
Protects the safety of children by mandating that those interacting with vulnerable youth are vetted and monitored by the appropriate agency.
Clarifies the specific legal definitions and scope of activities for these services, reducing legal ambiguity.
Expands the size and regulatory scope of the state government, specifically the Department of Children, Youth and Families.
Increases the regulatory burden on private and non-profit service providers, which interferes with the free market of healthcare services.
Will likely result in increased administrative costs for the state to manage the new licensing procedures, potentially burdening taxpayers.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 6 additions

It is enacted by the General Assembly as follows:

SECTION 1. Section 42-72.1-3 of the General Laws in Chapter 42-72.1 entitled "Licensing and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and Adoptive Homes, and Children’s Behavioral Health Programs" is hereby amended to read as follows: 42-72.1-3. Powers and scope of activities.

(a) The department shall issue, deny, and revoke licenses for, and monitor the operation of, facilities and programs by child-placing agencies, child caring agencies, foster and adoptive homes, and children’s behavioral health programs as defined in § 42-72.1-2 or assess administrative penalties under the provisions of chapter 72.11 of this title relating to licensed childcare centers, family childcare homes, and group family childcare homes. The department shall also issue, deny, and revoke licenses for, and monitor the operation of, mobile response and stabilization services. As used in this subsection, “mobile response and stabilization services” means a behavioral health crisis intervention system that serves children and young adults twenty-one (21) years of age and younger.

(b) The department shall adopt, amend, and rescind regulations in accordance with this chapter and implement its provisions. The regulations shall be promulgated and become effective in accordance with the provisions of the administrative procedures act, chapter 35 of this title.

(c) The department through its licensing unit shall administer and manage the regulations pertaining to the licensing and monitoring of those agencies, and shall exercise all statutory and administrative powers necessary to carry out its functions.

(d) The administrator shall investigate complaints of noncompliance, and shall take licensing action as required.

(e) Regulations formulated pursuant to the foregoing authority shall include, but need not be limited to, the following:

(1) Financial, administrative and organizational ability, and stability of the applicant;

(2) Compliance with specific fire and safety codes and health regulations;

(3) Character, health suitability, qualifications of child-placing agencies, child caring agencies, foster and adoptive homes, and children’s behavioral health programs;

(4) Staff/child ratios and workload assignments of staff providing care or supervision to children;

(5) Type and content of records or documents that must be maintained to collect and retain information for the planning and caring for children;

(6) Procedures and practices regarding placing services to ensure protection to the child regarding the manner and appropriateness of placement;

(7) Service to families of children in care;

(8) Program activities, including components related to physical growth, social, emotional, educational, and recreational activities, social services and habilitative or rehabilitative treatment; and

(9) Investigation of previous employment, criminal record check and department records check.

(10) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

(f) The administrator may:

(1) Prescribe any forms for reports, statements, notices, and other documents deemed necessary;

(2) Prepare and publish manuals and guides explaining this chapter and the regulations to facilitate compliance with and enforcement of the regulations;

(3) Prepare reports and studies to advance the purpose of this chapter;

(4) Provide consultation and technical assistance, as requested, to assist licensees in maintaining compliance; and

(5) Refer to the advisory council for children and families for advice and consultation on licensing matters.

(g) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

(h) When the department is otherwise unsuccessful in remedying noncompliance with the provisions of this chapter and the regulations promulgated under it, it may petition the family court for an order enjoining the noncompliance or for any order that equity and justice may require.

(i) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

(j) The department shall adopt, amend, and rescind regulations in the same manner as set forth above in order to permit the placement of a pregnant minor in a group residential facility that provides a shelter for pregnant adults as its sole purpose.

(k) Notwithstanding the transfer of licensing to and the licensing and monitoring of day and childcare facilities to the department of human services, pursuant to chapter 12.5 of this title, the department of children, youth and families will continue to be the agency responsible for investigating any complaint of abuse and neglect that is alleged to have occurred at a daycare or childcare facility. Any appeal of an investigative finding of abuse or neglect against a staff member, paid or otherwise, including managerial or contract personnel, or visitor may be appealed to the Rhode Island family court.

(l) The Rhode Island family court shall retain jurisdiction over those complaints investigated by the department of children, youth and families, pursuant to this chapter, regardless of whether licensing and monitoring is performed under chapter 12.5 of this title or this chapter.

SECTION 2. This act shall take effect upon passage.