CLEARANCE OF AGENCY ACTIVITY

Regulation Authority:

42-35: 42-72-5

Purpose and Reason:

This rule has been amended in compliance with State Plan requirements under Title IV-E of the Social Security Act as amended by Federal law. This revised rule includes provisions of Public Law (P.L.) 109-248, Adam Walsh Child Protection and Safety Act of 2006 which requires child abuse and neglect registry checks for prospective foster and adoptive parents and adult members of their households. Reflects existing regulations and current practice requiring DCYF clearances for operators and employees, applying for positions that involve supervisory or disciplinary power or involve routine contact with a child or children without the presence of other employees, of community based programs that are required to be licensed or certified by the Department and for operators and employees during renewal of licensing/certification processes. Also provides that DCYF involvement will be reviewed and based upon such review, an individual with a history of DCYF involvement that is not automatically disqualifying may be denied working or serving in a role subject to a DCYF records clearance if it is determined that the conduct of the applicant impacts upon the fitness and suitability of the individual. The previous version of this policy, refiled 1/5/07, is superseded by this amended version. As a result of comments received, the final rule includes the following changes that were not part of the proposed rule: the Department added a definition for visiting resources; referenced Public Law 110-351, which requires child abuse and neglect registry checks for kinship guardians and adult household members; replaced the term guardianship resource with legal guardian or guardian to clarify that we are referencing a guardian of the person of the child, in accordance with RIGL 40-11-12, which provides that the Family Court can appoint such a guardian when a child has been placed in the care, custody and control of DCYF and referred to the list of disqualifying information consistently throughout the rule as the Clearance of Agency Activity-Addendum, Disqualifying Information.