RI 2026 S2883: 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 bill expands the responsibilities of the Department of Children, Youth and Families (DCYF). It requires the department to issue licenses for and monitor "mobile response and stabilization services." These services are defined as behavioral health crisis intervention systems designed to help children and young adults up to age twenty-one. Essentially, it brings these specific crisis intervention services under the regulatory oversight of the state to ensure they meet safety and operational standards.

For younger readers

This law is about making sure that helpers who come to assist kids having a very hard time with their feelings or behavior are doing a good job. These helpers are called "mobile response teams." They travel to where the child is to help them feel better. The government wants to make sure these teams follow the rules and are safe. So, this law says the government must give them a special permission slip (a license) to work and will check on them to make sure they are helping kids correctly.

Who & Where It Applies

Impacted groups

ChildrenYoung adults (up to 21)Mental health service providersFamilies of youth in crisisDepartment of Children Youth and Families

Impacted communities

All

Constitutional & Fiscal Check

None Likely

Estimated cost

Amount unknown

Estimated revenue

Amount unknown

Bill Analysis

Both viewpoints

For Progressives

Ensures that critical mental health crisis services for youth meet state standards, protecting vulnerable children and young adults from substandard care.
Expands government oversight of the social safety net, ensuring that behavioral health interventions are accountable and properly regulated.
Legitimizes and formalizes mobile response services, potentially increasing access to necessary psychiatric care for families in crisis.
Does not explicitly provide funding for these services, potentially creating a regulatory burden without the resources to support expansion.
Strict licensing requirements could create barriers to entry for smaller, community-based organizations attempting to provide crisis support.
Focuses on bureaucratic oversight rather than addressing the root causes of the youth mental health crisis or guaranteeing service availability.

For Conservatives

Establishes clear standards and accountability for service providers, ensuring that organizations interacting with children are vetted and monitored.
Helps prevent potential abuse or fraud by unregulated entities claiming to provide crisis services to vulnerable families.
Focuses on specialized crisis intervention which may reduce the burden on police departments responding to non-criminal mental health calls.
Expands the size and scope of the administrative state by giving the Department of Children, Youth and Families more regulatory power.
Imposes new licensing requirements and red tape on private organizations, which could drive up costs and stifle market-based solutions.
Increases government interference in the healthcare sector, potentially limiting the freedom of providers to operate without state permission.

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.