Regulation detail

R.I. Gen. Laws § 40-11-3

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R.I. Gen. Laws § 40-11-3 active

Child abuse — duty to report

Jurisdiction: RI Agency: Rhode Island General Assembly
Plain-English summary

This Rhode Island statute establishes a mandatory duty for any person with reasonable cause to suspect child abuse or neglect to report that information to the Department of Children, Youth and Families within 24 hours. It requires the department to maintain a statewide toll-free hotline, a central registry, and a management-information database tracking reported cases. The law also addresses specific reporting obligations related to parental requests to deprive infants of nutrition or medical intervention necessary to sustain life.

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Regulation text
Title 40
Human Services

Chapter 11
Abused and Neglected Children

R.I. Gen. Laws § 40-11-3

§ 40-11-3. Duty to report — Deprivation of nutrition or medical treatment.

(a)
 Any person who has reasonable cause to know or suspect that any child has been abused
 or neglected as defined in § 40-11-2, or has been a victim of sexual abuse by another child, shall, within twenty-four
 (24) hours, transfer that information to the department of children, youth and families,
 or its agent, which shall cause the report to be investigated immediately. As a result
 of those reports and referrals, protective social services shall be made available
 to those children in an effort to safeguard and enhance the welfare of those children
 and to provide a means to prevent further abuse or neglect. The department shall establish
 and implement a single, statewide, toll-free telephone to operate twenty-four (24)
 hours per day, seven (7) days per week for the receipt of reports concerning child
 abuse and neglect, which reports shall be electronically recorded and placed in the
 central registry established by § 42-72-7. The department shall create a sign, using a format that is clear, simple, and understandable
 to students, that contains the statewide, toll-free telephone number for posting in
 all public and private schools in languages predominately spoken in the state, containing
 pertinent information relating to reporting the suspicion of child abuse, neglect,
 and sexual abuse. This sign shall be available to the school districts electronically.
 The electronically recorded records, properly indexed by date and other essential,
 identifying data, shall be maintained for a minimum of three (3) years; provided,
 however, any person who has been reported for child abuse and/or neglect, and who
 has been determined not to have neglected and/or abused a child, shall have his or
 her record expunged as to that incident three (3) years after that determination.
 The department shall continuously maintain a management-information database that
 includes all of the information required to implement this section, including the
 number of cases reported by hospitals, healthcare centers, emergency rooms, and other
 appropriate healthcare facilities.

(b)
 The reporting shall include immediate notification of the department of any instance
 where parents of an infant have requested deprivation of nutrition that is necessary
 to sustain life and/or who have requested deprivation of medical or surgical intervention
 that is necessary to remedy or ameliorate a life-threatening medical condition, if
 the nutrition or medical or surgical intervention is generally provided to similar
 nutritional, medical, or surgical conditioned infants, whether disabled or not.

(c)
 Nothing in this section shall be interpreted to prevent a child’s parents and physician
 from discontinuing the use of life-support systems or nonpalliative treatment for
 a child who is terminally ill where, in the opinion of the child’s physician exercising
 competent medical judgment, the child has no reasonable chance of recovery from the
 terminal illness despite every, appropriate medical treatment to correct the condition.

History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1979, ch. 248, § 9; P.L. 1983, ch. 250, § 1; P.L. 1984,
 ch. 247, § 1; P.L. 1985, ch. 371, § 1; P.L. 1988, ch. 655, § 1; P.L. 1990, ch. 280,
 § 1; P.L. 1999, ch. 83, § 101; P.L. 1999, ch. 130, § 101; P.L. 2013, ch. 286, § 1;
 P.L. 2016, ch. 63, § 2; P.L. 2016, ch. 465, § 2.