§ 14-1-34 - Placement of dependent and neglected children – Criminal records of foster parents made available.
SECTION 14-1-34
§ 14-1-34 Placement of dependent andneglected children – Criminal records of foster parents made available.– (a) If, after a hearing on any petition, a child shall be found to be dependentor neglected within the meaning of this chapter, the court shall by decreeassign the custody of the child to the director of children, youth andfamilies, for any period that shall seem fit to the court; and the director ofchildren, youth, and families shall become entitled to the custody of the childto the exclusion of any other person. The court may at any time, for good causeshown, modify or revoke the decree.
(b) The department for children, youth and families shallapply to the bureau of criminal identification of the state police or the localpolice department for a nationwide criminal records check of prospective fosterparents. The check will conform to the applicable federal standards includingthe taking of fingerprints to identify the applicant. The department ofchildren, youth, and families shall request the attorney general, through thedivision of criminal identification, to make available any criminal record ofpresent and prospective foster parents. The attorney general shall immediatelycomply with that request, and the department of children, youth, and families,shall examine these records in determining the suitability of these persons tobe foster parents. The criminal record check shall be conducted without chargeto the foster parents. At the conclusion of the background check required inthis section, the state police, attorney general or the local police departmentshall promptly destroy the fingerprint record of the applicant obtainedpursuant to this chapter.
(c) No license shall be issued by the department of children,youth and families to any individual seeking to be licensed as a foster parentuntil such time as the results of both the nationwide and statewide criminalrecord background check, including the nature of any prior criminal record, areforwarded to the department of children, youth and families. The department mayauthorize the placement of a child in a prospective foster home pendinglicensure for a period not to exceed six (6) months only after the departmenthas conducted a DCYF background check pursuant to § 40-13.2-3.1 and astatewide criminal record background check. In the event the department isunable to complete the licensing process within six (6) months of the child'splacement in the foster home and if the department determines that continuedplacement of the child in said foster home is in the child's best interest, thedepartment shall file a petition with the family court to seek authorization toallow the child(ren) to remain in the foster home pending completion of thelicensing process. The department shall provide notice of all such petitions tothe office of the child advocate, children(s) parent/guardian and CASA attorney.