AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL HEALTH PROGRAMS (Requires all out-of-state foster care placement facilities be registered with Medicaid as a Medicaid provider.)

H7591

2026 -- H 7591
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LC004879
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND
MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER
AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL HEALTH PROGRAMS

Introduced By:
Representatives Hopkins, Casimiro, Hull, J. Lombardi, and Nardone

Date Introduced:
February 06, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-72.1-3 of the General Laws in Chapter 42-72.1 entitled "Licensing
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and Monitoring of Child Placing Agencies, Child Caring Agencies, Foster and Adoptive Homes,
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and Children’s Behavioral Health Programs" is hereby amended to read as follows:
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42-72.1-3. Powers and scope of activities.
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(a) The department shall issue, deny, and revoke licenses for, and monitor the operation of,
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facilities and programs by child-placing agencies, child caring agencies, foster and adoptive homes,
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and children’s behavioral health programs as defined in § 42-72.1-2 or assess administrative
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penalties under the provisions of chapter 72.11 of this title relating to licensed childcare centers,
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family childcare homes, and group family childcare homes.
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(b) The department shall adopt, amend, and rescind regulations in accordance with this
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chapter and implement its provisions. The regulations shall be promulgated and become effective
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in accordance with the provisions of the administrative procedures act, chapter 35 of this title.
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(c) The department through its licensing unit shall administer and manage the regulations
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pertaining to the licensing and monitoring of those agencies, and shall exercise all statutory and
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administrative powers necessary to carry out its functions.
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(d) The administrator shall investigate complaints of noncompliance, and shall take
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licensing action as required.
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(e) Regulations formulated pursuant to the foregoing authority shall include, but need not

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be limited to, the following:
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(1) Financial, administrative and organizational ability, and stability of the applicant;
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(2) Compliance with specific fire and safety codes and health regulations;
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(3) Character, health suitability, qualifications of child-placing agencies, child caring
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agencies, foster and adoptive homes, and children’s behavioral health programs;
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(4) Staff/child ratios and workload assignments of staff providing care or supervision to
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children;
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(5) Type and content of records or documents that must be maintained to collect and retain
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information for the planning and caring for children;
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(6) Procedures and practices regarding placing services to ensure protection to the child
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regarding the manner and appropriateness of placement;
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(7) Service to families of children in care;
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(8) Program activities, including components related to physical growth, social, emotional,
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educational, and recreational activities, social services and habilitative or rehabilitative treatment;
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and
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(9) Investigation of previous employment, criminal record check and department records
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check
.
; and
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(10) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]
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(11) Out-of- state placements in foster care. All out-of-state foster care placement facilities
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shall be registered with the state medical assistance program as a Medicaid provider. The director
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may waive the Medicaid requirement on a case-by-case basis, if the director deems there is an
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emergency need for placement of a child in foster care at a facility that is not a registered Medicaid
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provider, and no Medicaid provider is available to provide placement.
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(f) The administrator may:
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(1) Prescribe any forms for reports, statements, notices, and other documents deemed
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necessary;
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(2) Prepare and publish manuals and guides explaining this chapter and the regulations to
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facilitate compliance with and enforcement of the regulations;
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(3) Prepare reports and studies to advance the purpose of this chapter;
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(4) Provide consultation and technical assistance, as requested, to assist licensees in
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maintaining compliance; and
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(5) Refer to the advisory council for children and families for advice and consultation on
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licensing matters.
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(g) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]

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(h) When the department is otherwise unsuccessful in remedying noncompliance with the
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provisions of this chapter and the regulations promulgated under it, it may petition the family court
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for an order enjoining the noncompliance or for any order that equity and justice may require.
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(i) [Deleted by P.L. 2019, ch. 88, art. 4, § 21.]
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(j) The department shall adopt, amend, and rescind regulations in the same manner as set
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forth above in order to permit the placement of a pregnant minor in a group residential facility that
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provides a shelter for pregnant adults as its sole purpose.
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(k) Notwithstanding the transfer of licensing to and the licensing and monitoring of day
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and childcare facilities to the department of human services, pursuant to chapter 12.5 of this title,
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the department of children, youth and families will continue to be the agency responsible for
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investigating any complaint of abuse and neglect that is alleged to have occurred at a daycare or
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childcare facility. Any appeal of an investigative finding of abuse or neglect against a staff member,
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paid or otherwise, including managerial or contract personnel, or visitor may be appealed to the
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Rhode Island family court.
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(l) The Rhode Island family court shall retain jurisdiction over those complaints
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investigated by the department of children, youth and families, pursuant to this chapter, regardless
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of whether licensing and monitoring is performed under chapter 12.5 of this title or this chapter.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO STATE AFFAIRS AND GOVERNMENT -- LICENSING AND
MONITORING OF CHILD PLACING AGENCIES, CHILD CARING AGENCIES, FOSTER
AND ADOPTIVE HOMES, AND CHILDREN'S BEHAVIORAL HEALTH PROGRAMS
***
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This act would require all out-of-state foster care placement facilities be registered with the
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state as a Medicaid provider. The director may waive the Medicaid requirement on a case by case
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basis, if the director deems there is an emergency need for placement of a child in foster care at a
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facility that is not a registered Medicaid provider, and no Medicaid provider is available.
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This act would take effect upon passage.
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