State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-7 > 15-7-11

SECTION 15-7-11

   § 15-7-11  Investigation and report as toadoptive home. – (a) Upon the filing of a petition so presented and consented to for theadoption of a minor child, the court shall notify the department of children,youth and families. It shall then be the duty of the department to verify theallegations of the petition, and to make appropriate investigation to determinewhether the proposed adoptive home is a suitable home for the child. Thedepartment shall within sixty (60) days submit to the court a full report inwriting, with recommendation as to the granting of the petition and any otherinformation regarding the child or the proposed home which the court shallrequire. In circumstances where the petition for adoption concerns a child whohas been placed for adoption by a duly licensed child placement agency, thecourt may accept the home study report of the child placement agency in lieu ofthe investigation and recommendation of the department of children, youth andfamilies; provided, the child placement agency includes in its home studyreport any criminal record of the prospective adoptive parent. All costsrelating to criminal background checks shall be the responsibility of thepublic or private entity conducting the home study;

   (b) As part of the investigation or investigative home studyreport, a request shall be made to the attorney general through the division ofcriminal identification to make available any criminal record of theprospective adoptive parent maintained by the division. The prospectiveadoptive parent shall apply to the bureau of criminal identification of thestate police or the local police department for a nationwide criminal recordscheck unless they have previously submitted to a nationwide criminal recordscheck in accordance with § 14-1-34 and/or §§ 40-13.2-2,40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4 and 16-48.1-5. Theattorney general shall immediately comply with the request of the department orchild placement agency and the report of the attorney general shall be madepart of the investigative home study submitted to court.

   (c) Pursuant to § 40-13.2-4, the director of DCYF willdetermine by rules and regulations those items of information appearing on acriminal records check which constitute disqualifying information because thatinformation would indicate the prospective adoptive parent could endanger thehealth or welfare of a child or children. Upon the discovery of anydisqualifying information with respect to a proposed prospective adoptiveparent, the agency conducting the home study will be informed by the directorin writing of the nature of the disqualifying information.

   (d) At the conclusion of any criminal records check requiredby this section, the fingerprint card of the person subject to the nationwidecriminal records check shall be promptly destroyed.

   (e) Provisions of this section may, in the discretion of thecourt, be waived in the case of a petition for the adoption of a child wherethe child is the natural child of one of the parties petitioning for theadoption and resides with the petitioning parties.

   (f) Specific definitions and procedures for adoptive homestudies are to be provided in regulations promulgated by the department forchildren, youth and families in accordance with the administrative proceduresact. All investigative home studies submitted to the court shall be based on aminimum of two (2) home visits by the agency conducting the home study. Allprospective siblings and any other household members shall be interviewedduring a home visit. Agencies conducting the home study shall have a minimum ofone home visit following completion of the home study process. A summary of theagency's past and present contact with the prospective adoptive family shall beincluded in the home study. The agency shall include in the home study itsrecommendations for approval or disapproval of the adoption and the reasons forits conclusion.

   (g) The following information shall be included in all homestudies submitted to the court:

   (1) Identifying information on all household members,including minor children and the current needs of each child;

   (2) Information regarding the prospective adoptive parent'smotivation and reasons for the adoption;

   (3) Current background information on the prospectiveadoptive parents, including written self-assessment;

   (4) Child care experience and parenting philosophy of theprospective adoptive parents;

   (5) Information regarding past and present marriage and/orpartnership relationships;

   (6) Current medical and psychological conditions, includingaddiction to drugs or alcohol of any prospective adoptive parents, that may beseriously detrimental to the health and welfare of children;

   (7) Description of the home and local community, includingany health and safety concerns regarding the home;

   (8) Information regarding the finances and employment of theprospective adoptive parents;

   (9) Reference letters from at least three (3) individuals atleast two (2) of whom are non-relatives;

   (10) Results of background checks with DCYF and clearancechecks regarding state and federal criminal records conducted on theprospective adoptive parents;

   (11) Information related to the prospective adoptive parent'swillingness and ability to accept and cooperate with adoption support services,including their level of understanding regarding openness with birth family; and

   (12) Information related to the match between prospectiveadoptive parents and the child, including attitudes and capabilities ofprospective adoptive parents and the child's characteristics and background.

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-7 > 15-7-11

SECTION 15-7-11

   § 15-7-11  Investigation and report as toadoptive home. – (a) Upon the filing of a petition so presented and consented to for theadoption of a minor child, the court shall notify the department of children,youth and families. It shall then be the duty of the department to verify theallegations of the petition, and to make appropriate investigation to determinewhether the proposed adoptive home is a suitable home for the child. Thedepartment shall within sixty (60) days submit to the court a full report inwriting, with recommendation as to the granting of the petition and any otherinformation regarding the child or the proposed home which the court shallrequire. In circumstances where the petition for adoption concerns a child whohas been placed for adoption by a duly licensed child placement agency, thecourt may accept the home study report of the child placement agency in lieu ofthe investigation and recommendation of the department of children, youth andfamilies; provided, the child placement agency includes in its home studyreport any criminal record of the prospective adoptive parent. All costsrelating to criminal background checks shall be the responsibility of thepublic or private entity conducting the home study;

   (b) As part of the investigation or investigative home studyreport, a request shall be made to the attorney general through the division ofcriminal identification to make available any criminal record of theprospective adoptive parent maintained by the division. The prospectiveadoptive parent shall apply to the bureau of criminal identification of thestate police or the local police department for a nationwide criminal recordscheck unless they have previously submitted to a nationwide criminal recordscheck in accordance with § 14-1-34 and/or §§ 40-13.2-2,40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4 and 16-48.1-5. Theattorney general shall immediately comply with the request of the department orchild placement agency and the report of the attorney general shall be madepart of the investigative home study submitted to court.

   (c) Pursuant to § 40-13.2-4, the director of DCYF willdetermine by rules and regulations those items of information appearing on acriminal records check which constitute disqualifying information because thatinformation would indicate the prospective adoptive parent could endanger thehealth or welfare of a child or children. Upon the discovery of anydisqualifying information with respect to a proposed prospective adoptiveparent, the agency conducting the home study will be informed by the directorin writing of the nature of the disqualifying information.

   (d) At the conclusion of any criminal records check requiredby this section, the fingerprint card of the person subject to the nationwidecriminal records check shall be promptly destroyed.

   (e) Provisions of this section may, in the discretion of thecourt, be waived in the case of a petition for the adoption of a child wherethe child is the natural child of one of the parties petitioning for theadoption and resides with the petitioning parties.

   (f) Specific definitions and procedures for adoptive homestudies are to be provided in regulations promulgated by the department forchildren, youth and families in accordance with the administrative proceduresact. All investigative home studies submitted to the court shall be based on aminimum of two (2) home visits by the agency conducting the home study. Allprospective siblings and any other household members shall be interviewedduring a home visit. Agencies conducting the home study shall have a minimum ofone home visit following completion of the home study process. A summary of theagency's past and present contact with the prospective adoptive family shall beincluded in the home study. The agency shall include in the home study itsrecommendations for approval or disapproval of the adoption and the reasons forits conclusion.

   (g) The following information shall be included in all homestudies submitted to the court:

   (1) Identifying information on all household members,including minor children and the current needs of each child;

   (2) Information regarding the prospective adoptive parent'smotivation and reasons for the adoption;

   (3) Current background information on the prospectiveadoptive parents, including written self-assessment;

   (4) Child care experience and parenting philosophy of theprospective adoptive parents;

   (5) Information regarding past and present marriage and/orpartnership relationships;

   (6) Current medical and psychological conditions, includingaddiction to drugs or alcohol of any prospective adoptive parents, that may beseriously detrimental to the health and welfare of children;

   (7) Description of the home and local community, includingany health and safety concerns regarding the home;

   (8) Information regarding the finances and employment of theprospective adoptive parents;

   (9) Reference letters from at least three (3) individuals atleast two (2) of whom are non-relatives;

   (10) Results of background checks with DCYF and clearancechecks regarding state and federal criminal records conducted on theprospective adoptive parents;

   (11) Information related to the prospective adoptive parent'swillingness and ability to accept and cooperate with adoption support services,including their level of understanding regarding openness with birth family; and

   (12) Information related to the match between prospectiveadoptive parents and the child, including attitudes and capabilities ofprospective adoptive parents and the child's characteristics and background.


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-15 > Chapter-15-7 > 15-7-11

SECTION 15-7-11

   § 15-7-11  Investigation and report as toadoptive home. – (a) Upon the filing of a petition so presented and consented to for theadoption of a minor child, the court shall notify the department of children,youth and families. It shall then be the duty of the department to verify theallegations of the petition, and to make appropriate investigation to determinewhether the proposed adoptive home is a suitable home for the child. Thedepartment shall within sixty (60) days submit to the court a full report inwriting, with recommendation as to the granting of the petition and any otherinformation regarding the child or the proposed home which the court shallrequire. In circumstances where the petition for adoption concerns a child whohas been placed for adoption by a duly licensed child placement agency, thecourt may accept the home study report of the child placement agency in lieu ofthe investigation and recommendation of the department of children, youth andfamilies; provided, the child placement agency includes in its home studyreport any criminal record of the prospective adoptive parent. All costsrelating to criminal background checks shall be the responsibility of thepublic or private entity conducting the home study;

   (b) As part of the investigation or investigative home studyreport, a request shall be made to the attorney general through the division ofcriminal identification to make available any criminal record of theprospective adoptive parent maintained by the division. The prospectiveadoptive parent shall apply to the bureau of criminal identification of thestate police or the local police department for a nationwide criminal recordscheck unless they have previously submitted to a nationwide criminal recordscheck in accordance with § 14-1-34 and/or §§ 40-13.2-2,40-13.2-4 and/or 40-13.2-5 and/or §§ 16-48.1-4 and 16-48.1-5. Theattorney general shall immediately comply with the request of the department orchild placement agency and the report of the attorney general shall be madepart of the investigative home study submitted to court.

   (c) Pursuant to § 40-13.2-4, the director of DCYF willdetermine by rules and regulations those items of information appearing on acriminal records check which constitute disqualifying information because thatinformation would indicate the prospective adoptive parent could endanger thehealth or welfare of a child or children. Upon the discovery of anydisqualifying information with respect to a proposed prospective adoptiveparent, the agency conducting the home study will be informed by the directorin writing of the nature of the disqualifying information.

   (d) At the conclusion of any criminal records check requiredby this section, the fingerprint card of the person subject to the nationwidecriminal records check shall be promptly destroyed.

   (e) Provisions of this section may, in the discretion of thecourt, be waived in the case of a petition for the adoption of a child wherethe child is the natural child of one of the parties petitioning for theadoption and resides with the petitioning parties.

   (f) Specific definitions and procedures for adoptive homestudies are to be provided in regulations promulgated by the department forchildren, youth and families in accordance with the administrative proceduresact. All investigative home studies submitted to the court shall be based on aminimum of two (2) home visits by the agency conducting the home study. Allprospective siblings and any other household members shall be interviewedduring a home visit. Agencies conducting the home study shall have a minimum ofone home visit following completion of the home study process. A summary of theagency's past and present contact with the prospective adoptive family shall beincluded in the home study. The agency shall include in the home study itsrecommendations for approval or disapproval of the adoption and the reasons forits conclusion.

   (g) The following information shall be included in all homestudies submitted to the court:

   (1) Identifying information on all household members,including minor children and the current needs of each child;

   (2) Information regarding the prospective adoptive parent'smotivation and reasons for the adoption;

   (3) Current background information on the prospectiveadoptive parents, including written self-assessment;

   (4) Child care experience and parenting philosophy of theprospective adoptive parents;

   (5) Information regarding past and present marriage and/orpartnership relationships;

   (6) Current medical and psychological conditions, includingaddiction to drugs or alcohol of any prospective adoptive parents, that may beseriously detrimental to the health and welfare of children;

   (7) Description of the home and local community, includingany health and safety concerns regarding the home;

   (8) Information regarding the finances and employment of theprospective adoptive parents;

   (9) Reference letters from at least three (3) individuals atleast two (2) of whom are non-relatives;

   (10) Results of background checks with DCYF and clearancechecks regarding state and federal criminal records conducted on theprospective adoptive parents;

   (11) Information related to the prospective adoptive parent'swillingness and ability to accept and cooperate with adoption support services,including their level of understanding regarding openness with birth family; and

   (12) Information related to the match between prospectiveadoptive parents and the child, including attitudes and capabilities ofprospective adoptive parents and the child's characteristics and background.