AN ACT RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN, YOUTH AND FAMILIES (Requires the DCYF director to disclose to the school nurse where a child is enrolled, when that child has been placed in foster care.)

H8114

2026 -- H 8114
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LC004877
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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 -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES

Introduced By:
Representatives Hopkins, Casimiro, Casey, Cotter, McGaw, Place, and
Fascia

Date Introduced:
February 27, 2026

Referred To:
House Judiciary
It is enacted by the General Assembly as follows:
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SECTION 1. Section 42-72-8 of the General Laws in Chapter 42-72 entitled "Department
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of Children, Youth and Families" is hereby amended to read as follows:
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42-72-8. Confidentiality of records.
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(a) Any records of the department pertaining to children and their families in need of
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service pursuant to the provisions of this chapter; or for whom an application for services has been
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made, shall be confidential and only disclosed as provided by law.
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(b) Records may be disclosed when necessary:
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(1) To individuals, or public or private agencies engaged in medical, psychological, or
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psychiatric diagnosis or treatment or education of the person under the supervision of the
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department;
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(2) To individuals or public or private agencies for the purposes of temporary or permanent
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placement of the person, and when the director determines that the disclosure is needed to
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accomplish that placement, including any and all healthcare information obtained by the
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department in accordance with the provisions of chapter 37.3 of title 5 and applicable federal laws
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and regulations;
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(3) When the director determines that there is a risk of physical injury by the person to
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himself or herself or others, and that disclosure of the records is necessary to reduce that risk;
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(4) To the family court, including periodic reports regarding the care and treatment of

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children; provided, that if a child is represented by a guardian ad litem or attorney, a copy of the
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family court report will be made available to the guardian ad litem or attorney prior to its
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submission;
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(5) To inform any person who made a report of child abuse or neglect pursuant to § 40-11-
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3, whether services have been provided the child as a result of the report; provided, however, that
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no facts or information shall be released pursuant to this subsection other than the fact that services
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have been, or are being, provided;
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(6) To permit access to computer records relating to child abuse and neglect investigations
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by physicians who are examining a child when the physician believes that there is reasonable cause
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to suspect that a child may have been abused or neglected;
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(7) To the office of the department of attorney general, upon the request of the attorney
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general or assistant attorney general, when the office is engaged in the investigation of, or
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prosecution of, criminal conduct by another relating to the child or other children within the same
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family unit;
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(8) To the department of corrections in the case of an individual who has been transferred
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to the jurisdiction of that department pursuant to the provisions of § 14-1-7.3 or § 14-1-7.1;
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(9) To the office of the department of the attorney general, upon the request of the attorney
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general or assistant attorney general, when the office is engaged in the investigation of, or
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prosecution of, criminal conduct as defined in § 40-11-3.2;
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(10) To individuals employed by a state or county child-welfare agency outside of Rhode
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Island when the director determines that the information is needed to ensure the care, protection,
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and/or treatment of any child; provided, however, any records relating to allegations previously
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determined to be unfounded, unsubstantiated, or not indicated shall not be disclosed;
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(11) Whenever a person previously under the supervision of the training school becomes
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subject to the jurisdiction of the department of corrections as an adult offender, the director of
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corrections, or the director's designee, shall receive, upon request, the portions of the person’s
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training school records limited to the escape history, disciplinary record, and juvenile classification
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history;
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(12) In an administrative hearing held pursuant to § 42-35-9, the records, or exact copies
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of the records, shall be delivered to the administrative hearing officer pursuant to a written request
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by one of the parties, and shall be delivered to the party making the request or shall be reviewed in
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camera by the administrative hearing officer for purposes of making a determination of relevancy
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to the merits of the administrative matter pending before the hearing officer, as the hearing officer
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may direct. If the records or a portion are relevant to the matter, those records may be viewed and/or

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copied by counsel of record, at the expense of the party requesting the records. The records shall
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not be disseminated in any form beyond the parties, counsel of record and their agents, and any
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experts, except as otherwise specifically authorized by the hearing officer, and provided further
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that at the conclusion of the action, the records shall be sealed; and
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(13) In a criminal or civil action, the records, or exact copies of the records, shall be
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delivered to a court of proper jurisdiction pursuant to a subpoena duces tecum, properly issued by
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one of the parties, and shall be delivered to the party issuing the subpoena, or shall be reviewed in
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camera by the trial justice for purposes of making a determination of relevancy to the merits of the
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civil or criminal action pending before the court, as the court may direct. If the records or a portion
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are relevant to the civil or criminal action, those records may be viewed and/or copied by counsel
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of record, at the expense of the party requesting the records. The court shall issue a protective order
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preventing dissemination of the records in any form beyond the parties, counsel of record and their
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agents, and any experts, except as otherwise specifically authorized by the court, and provided,
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further, that at the conclusion of the action, all records shall be sealed.
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(c) Disclosure required.
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(1) The director shall notify the office of the child advocate verbally and electronically, in
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writing, within 48 hours of a confirmed fatality or near fatality of a child who is the subject of a
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DCYF case. The department shall provide the office of the child advocate with access to any written
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material about the case. For purposes of this chapter, “near fatality” shall mean a child in serious
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or critical condition as certified by a physician as a result of abuse, neglect, self-harm, or other
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unnatural causes.
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(2) The director shall make public disclosure of a confirmed fatality or near fatality of a
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child who is the subject of a DCYF case within 48 hours of confirmation, provided disclosure of
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such information is in general terms and does not jeopardize a pending criminal investigation.
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(3) The director shall disclose to the office of the child advocate information, within five
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(5) days of completion of the department’s investigation, when there is a substantiated finding of
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child abuse or neglect that resulted in a child fatality or near fatality. The department may disclose
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the same information to the office of the attorney general and other entities allowable under 42
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U.S.C. § 5106a.
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(4) The information that must be disclosed in accordance with subsection (c)(3) includes:
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(i) A summary of the report of abuse or neglect and a factual description of the contents of
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the report;
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(ii) The date of birth and gender of the child;
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(iii) The date that the child suffered the fatality or near fatality;

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(iv) The cause of the fatality or near fatality, if such information has been determined;
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(v) Whether the department of children, youth and families, or a court-appointed special
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advocate, had any contact with the child before the fatality or near fatality and, if so:
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(A) The frequency of any contact or communication with the child or a member of the
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child’s family or household before the fatality or near fatality and the date on which the last contact
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or communication occurred before the fatality or near fatality;
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(B) Whether the department provided any child welfare services to the child, or to a
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member of the child’s family or household, before, or at the time of, the fatality or near fatality;
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(C) Whether the department made any referrals for child welfare services for the child, or
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for a member of the child’s family or household, before or at the time of the fatality or near fatality;
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(D) Whether the department took any other action concerning the welfare of the child
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before or at the time of the fatality or near fatality; and
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(E) A summary of the status of the child’s case at the time of the fatality or near fatality,
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including, without limitation, whether the child’s case was closed by the department before the
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fatality or near fatality and if so, the reasons why the case was closed; and
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(vi) Whether the department, in response to the fatality or near fatality:
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(A) Has provided, or intends to provide and/or make, a referral for child welfare services
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to the child, or to a member of the child’s family or household; and
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(B) Has taken, or intends to take, any other action concerning the welfare and safety of the
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child, or any member of the child’s family or household.
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(5) The director shall disclose to the school nurse where a child is enrolled, when that child
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has been placed in foster care.
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(d) If a public panel is convened or established by the department to evaluate the extent to
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which the department is discharging its child-protection responsibilities, the panel, or any of its
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members or staff, shall not disclose identifying information about a specific child protection case,
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nor make public any identifying information provided by the department, except as may be
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authorized by law. Any person who violates this subsection shall be subject to civil sanctions as
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provided by law.
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(e) If a public panel is convened or established by the department, this panel, in the course
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of its evaluation, may review, but shall not investigate, any child fatality that is under the
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jurisdiction of the child advocate in accordance with the provisions of § 42-73-7(2).
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(f) In the event records and information contained within DCYF records are shared with
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individuals or public or private agencies as specified in subsection (b) above, any such individual,
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and/or public or private agency, shall be advised that the shared information cannot be further

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disclosed, except as specifically provided for under applicable federal and/or state law and
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regulation. Any individual and/or public or private agency who or that violates this subsection shall
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be subject to civil sanctions as provided in chapter 37.3 of title 5, and any other federal or state law
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pertinent thereto.
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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 -- DEPARTMENT OF CHILDREN,
YOUTH AND FAMILIES
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This act would require the DCYF director to disclose to the school nurse where a child is
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enrolled, when that child has been placed in foster care.
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This act would take effect upon passage.
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