Reporting Child Abuse and/or Neglect

Regulation Authority:

42-72-5

Purpose and Reason:

This amended rule provides direction to staff on how written reports of child abuse and/or neglect are managed. In the amendment of this rule, consideration was given to the following: (1) alternative approaches and (2) overlap or duplication with other statutory and regulatory provisions. No alternative approach or duplication or overlap was identified based upon available information. As a result of comments received, the proposed rule was amended to include the following language: The Child Abuse Prevention and Treatment Act (PL 98 457) and RIGL 40-11-3 require the Department to receive and respond to reports of medical neglect, including reports of the medical neglect of or withholding medically indicated treatment from a disabled infant with life threatening conditions. Medically indicated treatment is defined as treatment, including appropriate nutrition, hydration and medication, which, in the treating physician/nurse practitioner’s reasonable medical judgment, will be most likely to be effective in ameliorating or correcting the infant’s life threatening conditions. Any person who has knowledge or suspicion or such medical neglect or withholding of medical treatment from a disabled infant (aged one year or less) must report it to the Child Protective Services Hotline immediately. While federal law provides specific protections for medically fragile infants, RI General Law requires that medical neglect or the withholding of medically indicated treatment from any child be reported to the Child Protective Services Hotline immediately.