State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-72 > 42-72-5

SECTION 42-72-5

   § 42-72-5  Powers and scope of activities.– (a) The department is the principal agency of the state to mobilize the human,physical and financial resources available to plan, develop, and evaluate acomprehensive and integrated statewide program of services designed to ensurethe opportunity for children to reach their full potential. The servicesinclude prevention, early intervention, out-reach, placement, care andtreatment, and after-care programs; provided, however, that the departmentnotifies the state police and cooperates with local police departments when itreceives and/or investigates a complaint of sexual assault on a minor andconcludes that probable cause exists to support the allegations(s). Thedepartment also serves as an advocate for the needs of children.

   (b) To accomplish the purposes and duties, as set forth inthis chapter, the director is authorized and empowered:

   (1) To establish those administrative and operationaldivisions of the department that the director determines is in the bestinterests of fulfilling the purposes and duties of this chapter;

   (2) To assign different tasks to staff members that thedirector determines best suit the purposes of this chapter;

   (3) To establish plans and facilities for emergencytreatment, relocation and physical custody of abused or neglected childrenwhich may include, but are not limited to, homemaker/educator child case aides,specialized foster family programs, day care facilities, crisis teams,emergency parents, group homes for teenage parents, family centers withinexisting community agencies, and counseling services;

   (4) To establish, monitor, and evaluate protective servicesfor children including, but not limited to, purchase of services from privateagencies and establishment of a policy and procedure manual to standardizeprotective services;

   (5) To plan and initiate primary and secondary treatmentprograms for abused and neglected children;

   (6) To evaluate the services of the department and to conductperiodic comprehensive needs assessment;

   (7) To license, approve, monitor, and evaluate allresidential and non-residential child care institutions, group homes, fosterhomes, and programs;

   (8) To recruit and coordinate community resources, public andprivate;

   (9) To promulgate rules and regulations concerning theconfidentiality, disclosure and expungement of case records pertaining tomatters under the jurisdiction of the department;

   (10) To establish a minimum mandatory level of twenty (20)hours of training per year and provide ongoing staff development for all staff;provided, however, all social workers hired after June 15, 1991, within thedepartment shall have a minimum of a bachelor's degree in social work or aclosely related field, and must be appointed from a valid civil service list;

   (11) To establish procedures for reporting suspected childabuse and neglect pursuant to chapter 11 of title 40;

   (12) To promulgate all rules and regulations necessary forthe execution of departmental powers pursuant to the Administrative ProceduresAct, chapter 35 of title 42;

   (13) To provide and act as a clearinghouse for information,data and other materials relative to children;

   (14) To initiate and carry out studies and analysis whichwill aid in solving local, regional and statewide problems concerning children;

   (15) To represent and act on behalf of the state inconnection with federal grant programs applicable to programs for children inthe functional areas described in this chapter;

   (16) To seek, accept, and otherwise take advantage of allfederal aid available to the department, and to assist other agencies of thestate, local agencies, and community groups in taking advantage of all federalgrants and subventions available for children;

   (17) To review and coordinate those activities of agencies ofthe state and of any political subdivision of the state which affect the fulland fair utilization of community resources for programs for children, andinitiate programs that will help assure utilization;

   (18) To administer the pilot juvenile restitution program,including the overseeing and coordinating of all local community basedrestitution programs, and the establishment of procedures for the processing ofpayments to children performing community service; and

   (19) To adopt rules and regulations which:

   (i) For the twelve (12) month period beginning on October 1,1983, and for each subsequent twelve (12) month period, establish specificgoals as to the maximum number of children who will remain in foster care for aperiod in excess of two (2) years; and

   (ii) Are reasonably necessary to implement the child welfareservices and foster care programs;

   (20) May establish and conduct seminars for the purpose ofeducating children regarding sexual abuse;

   (21) To establish fee schedules by regulations for theprocessing of requests from adoption placement agencies for adoption studies,adoption study updates, and supervision related to interstate and internationaladoptions. The fee shall equal the actual cost of the service(s) rendered, butin no event shall the fee exceed two thousand dollars ($2,000);

   (22) To be responsible for the education of all children whoare placed, assigned, or otherwise accommodated for residence by the departmentin a state operated or supported community residence licensed by a Rhode Islandstate agency. In fulfilling this responsibility the department is authorized toenroll and pay for the education of students in the public schools or, whennecessary and appropriate, to itself provide education in accordance with theregulations of the board of regents for elementary and secondary educationeither directly or through contract;

   (23) To develop multidisciplinary service plans, inconjunction with the department of health, at hospitals prior to the dischargeof any drug-exposed babies. The plan requires the development of a plan usingall health care professionals.

   (24) To be responsible for the delivery of appropriate mentalhealth services to seriously emotionally disturbed children and children withfunctional developmental disabilities. Appropriate mental health services mayinclude hospitalization, placement in a residential treatment facility, ortreatment in a community based setting. The department is charged with theresponsibility for developing the public policy and programs related to theneeds of seriously emotionally disturbed children and children with functionaldevelopmental disabilities.

   In fulfilling its responsibilities the department shall:

   (i) Plan a diversified and comprehensive network of programsand services to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities;

   (ii) Provide the overall management and supervision of thestate program for seriously emotionally disturbed children and children withfunctional developmental disabilities;

   (iii) Promote the development of programs for preventing andcontrolling emotional or behavioral disorders in children;

   (iv) Coordinate the efforts of several state departments andagencies to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities and to work with privateagencies serving those children;

   (v) Promote the development of new resources for programimplementation in providing services to seriously emotionally disturbedchildren and children with functional developmental disabilities.

   The department shall adopt rules and regulations, which arereasonably necessary to implement a program of mental health services forseriously emotionally disturbed children.

   Each community, as defined in chapter 7 of title 16, shallcontribute to the department, at least in accordance with rules and regulationsto be adopted by the department, at least its average per pupil cost forspecial education for the year in which placement commences, as its share ofthe cost of educational services furnished to a seriously emotionally disturbedchild pursuant to this section in a residential treatment program whichincludes the delivery of educational services.

   "Seriously emotionally disturbed child" means any personunder the age of eighteen (18) years or any person under the age of twenty-one(21) years who began to receive services from the department prior to attainingeighteen (18) years of age and has continuously received those servicesthereafter who has been diagnosed as having an emotional, behavioral or mentaldisorder under the current edition of the Diagnostic and Statistical Manual andthat disability has been on-going for one year or more or has the potential ofbeing ongoing for one year or more, and the child is in need of multi-agencyintervention, and the child is in an out-of-home placement or is at risk ofplacement because of the disability.

   A child with a "functional developmental disability" meansany person under the age of eighteen (18) years or any person under the age oftwenty-one (21) years who began to receive services from the department priorto attaining eighteen (18) years of age and has continuously received thoseservices thereafter.

   The term "functional developmental disability" includesautism spectrum disorders and means a severe, chronic disability of a personwhich:

   (a) Is attributable to a mental or physical impairment orcombination of mental physical impairments;

   (b) Is manifested before the person attains age eighteen (18);

   (c) Is likely to continue indefinitely;

   (d) Results in age- appropriate substantial functionallimitations in three (3) or more of the following areas of major life activity.

   (i) Self-care;

   (ii) Receptive and expressive language;

   (iii) Learning;

   (iv) Mobility;

   (v) Self-direction;

   (vi) Capacity for Independent Living; and

   (vii) Economic self-sufficiency; and

   (e) Reflects the person's need for a combination and sequenceof special, interdisciplinary, or generic care, treatment, or other serviceswhich are of life-long or extended duration and are individually planned andcoordinated.

   Funding for these clients shall include funds that aretransferred to the Department of Human Services as part of the Managed HealthCare program transfer. However, the expenditures relating to these clientsshall not be part of the Department of Human Services' Caseload estimated forthe semi-annual Caseload Estimating Conference. The expenditures shall beaccounted for separately.

   (25) To provide access to services to any person under theage of eighteen (18) years or any person under the age of twenty-one (21) yearswho began to receive child welfare services from the department prior toattaining eighteen (18) years of age, has continuously received those servicesthereafter and elects to continue to receive such services after attaining theage of eighteen (18) years. The assembly has included funding in the FY 2008Department of Children, Youth and Families budget in the amount of $10.5million from all sources of funds and $6.0 million from general revenues toprovide a managed system to care for children serviced between 18 to 21 yearsof age. The department shall manage this caseload to this level of funding.

   (26) To develop and maintain, in collaboration with otherstate and private agencies, a comprehensive continuum of care in this state forchildren in the care and custody of the department or at risk of being in statecare. This continuum of care should be family-centered and community-based withthe focus of maintaining children safely within their families or, when a childcannot live at home, within as close proximity to home as possible based on theneeds of the child and resource availability. The continuum should includecommunity-based prevention, family support and crisis intervention services aswell as a full array of foster care and residential services, includingresidential services designed to meet the needs of children who are seriouslyemotionally disturbed, children who have a functional developmental disabilityand youth who have juvenile justice issues. The director shall make reasonableefforts to provide a comprehensive continuum of care for children in the careand custody of the DCYF, taking into account the availability of public andprivate resources and financial appropriations and the director shall submit anannual report to the general assembly as to the status of his or her efforts inaccordance with the provisions of subsection 42-72-4(b)(13).

   (27) To administer funds under the John H. Chafee Foster CareIndependence and Educational And Training Voucher (ETV) Programs of Title IV-Eof the Social Security Act, and the DCYF Higher Education Opportunity GrantProgram as outlined in RIGL § 42-72.8, in accordance with rules andregulations as promulgated by the director of the department.

   (c) In order to assist in the discharge of his or her duties,the director may request from any agency of the state information pertinent tothe affairs and problems of children.

   (d) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]

   (e) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-72 > 42-72-5

SECTION 42-72-5

   § 42-72-5  Powers and scope of activities.– (a) The department is the principal agency of the state to mobilize the human,physical and financial resources available to plan, develop, and evaluate acomprehensive and integrated statewide program of services designed to ensurethe opportunity for children to reach their full potential. The servicesinclude prevention, early intervention, out-reach, placement, care andtreatment, and after-care programs; provided, however, that the departmentnotifies the state police and cooperates with local police departments when itreceives and/or investigates a complaint of sexual assault on a minor andconcludes that probable cause exists to support the allegations(s). Thedepartment also serves as an advocate for the needs of children.

   (b) To accomplish the purposes and duties, as set forth inthis chapter, the director is authorized and empowered:

   (1) To establish those administrative and operationaldivisions of the department that the director determines is in the bestinterests of fulfilling the purposes and duties of this chapter;

   (2) To assign different tasks to staff members that thedirector determines best suit the purposes of this chapter;

   (3) To establish plans and facilities for emergencytreatment, relocation and physical custody of abused or neglected childrenwhich may include, but are not limited to, homemaker/educator child case aides,specialized foster family programs, day care facilities, crisis teams,emergency parents, group homes for teenage parents, family centers withinexisting community agencies, and counseling services;

   (4) To establish, monitor, and evaluate protective servicesfor children including, but not limited to, purchase of services from privateagencies and establishment of a policy and procedure manual to standardizeprotective services;

   (5) To plan and initiate primary and secondary treatmentprograms for abused and neglected children;

   (6) To evaluate the services of the department and to conductperiodic comprehensive needs assessment;

   (7) To license, approve, monitor, and evaluate allresidential and non-residential child care institutions, group homes, fosterhomes, and programs;

   (8) To recruit and coordinate community resources, public andprivate;

   (9) To promulgate rules and regulations concerning theconfidentiality, disclosure and expungement of case records pertaining tomatters under the jurisdiction of the department;

   (10) To establish a minimum mandatory level of twenty (20)hours of training per year and provide ongoing staff development for all staff;provided, however, all social workers hired after June 15, 1991, within thedepartment shall have a minimum of a bachelor's degree in social work or aclosely related field, and must be appointed from a valid civil service list;

   (11) To establish procedures for reporting suspected childabuse and neglect pursuant to chapter 11 of title 40;

   (12) To promulgate all rules and regulations necessary forthe execution of departmental powers pursuant to the Administrative ProceduresAct, chapter 35 of title 42;

   (13) To provide and act as a clearinghouse for information,data and other materials relative to children;

   (14) To initiate and carry out studies and analysis whichwill aid in solving local, regional and statewide problems concerning children;

   (15) To represent and act on behalf of the state inconnection with federal grant programs applicable to programs for children inthe functional areas described in this chapter;

   (16) To seek, accept, and otherwise take advantage of allfederal aid available to the department, and to assist other agencies of thestate, local agencies, and community groups in taking advantage of all federalgrants and subventions available for children;

   (17) To review and coordinate those activities of agencies ofthe state and of any political subdivision of the state which affect the fulland fair utilization of community resources for programs for children, andinitiate programs that will help assure utilization;

   (18) To administer the pilot juvenile restitution program,including the overseeing and coordinating of all local community basedrestitution programs, and the establishment of procedures for the processing ofpayments to children performing community service; and

   (19) To adopt rules and regulations which:

   (i) For the twelve (12) month period beginning on October 1,1983, and for each subsequent twelve (12) month period, establish specificgoals as to the maximum number of children who will remain in foster care for aperiod in excess of two (2) years; and

   (ii) Are reasonably necessary to implement the child welfareservices and foster care programs;

   (20) May establish and conduct seminars for the purpose ofeducating children regarding sexual abuse;

   (21) To establish fee schedules by regulations for theprocessing of requests from adoption placement agencies for adoption studies,adoption study updates, and supervision related to interstate and internationaladoptions. The fee shall equal the actual cost of the service(s) rendered, butin no event shall the fee exceed two thousand dollars ($2,000);

   (22) To be responsible for the education of all children whoare placed, assigned, or otherwise accommodated for residence by the departmentin a state operated or supported community residence licensed by a Rhode Islandstate agency. In fulfilling this responsibility the department is authorized toenroll and pay for the education of students in the public schools or, whennecessary and appropriate, to itself provide education in accordance with theregulations of the board of regents for elementary and secondary educationeither directly or through contract;

   (23) To develop multidisciplinary service plans, inconjunction with the department of health, at hospitals prior to the dischargeof any drug-exposed babies. The plan requires the development of a plan usingall health care professionals.

   (24) To be responsible for the delivery of appropriate mentalhealth services to seriously emotionally disturbed children and children withfunctional developmental disabilities. Appropriate mental health services mayinclude hospitalization, placement in a residential treatment facility, ortreatment in a community based setting. The department is charged with theresponsibility for developing the public policy and programs related to theneeds of seriously emotionally disturbed children and children with functionaldevelopmental disabilities.

   In fulfilling its responsibilities the department shall:

   (i) Plan a diversified and comprehensive network of programsand services to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities;

   (ii) Provide the overall management and supervision of thestate program for seriously emotionally disturbed children and children withfunctional developmental disabilities;

   (iii) Promote the development of programs for preventing andcontrolling emotional or behavioral disorders in children;

   (iv) Coordinate the efforts of several state departments andagencies to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities and to work with privateagencies serving those children;

   (v) Promote the development of new resources for programimplementation in providing services to seriously emotionally disturbedchildren and children with functional developmental disabilities.

   The department shall adopt rules and regulations, which arereasonably necessary to implement a program of mental health services forseriously emotionally disturbed children.

   Each community, as defined in chapter 7 of title 16, shallcontribute to the department, at least in accordance with rules and regulationsto be adopted by the department, at least its average per pupil cost forspecial education for the year in which placement commences, as its share ofthe cost of educational services furnished to a seriously emotionally disturbedchild pursuant to this section in a residential treatment program whichincludes the delivery of educational services.

   "Seriously emotionally disturbed child" means any personunder the age of eighteen (18) years or any person under the age of twenty-one(21) years who began to receive services from the department prior to attainingeighteen (18) years of age and has continuously received those servicesthereafter who has been diagnosed as having an emotional, behavioral or mentaldisorder under the current edition of the Diagnostic and Statistical Manual andthat disability has been on-going for one year or more or has the potential ofbeing ongoing for one year or more, and the child is in need of multi-agencyintervention, and the child is in an out-of-home placement or is at risk ofplacement because of the disability.

   A child with a "functional developmental disability" meansany person under the age of eighteen (18) years or any person under the age oftwenty-one (21) years who began to receive services from the department priorto attaining eighteen (18) years of age and has continuously received thoseservices thereafter.

   The term "functional developmental disability" includesautism spectrum disorders and means a severe, chronic disability of a personwhich:

   (a) Is attributable to a mental or physical impairment orcombination of mental physical impairments;

   (b) Is manifested before the person attains age eighteen (18);

   (c) Is likely to continue indefinitely;

   (d) Results in age- appropriate substantial functionallimitations in three (3) or more of the following areas of major life activity.

   (i) Self-care;

   (ii) Receptive and expressive language;

   (iii) Learning;

   (iv) Mobility;

   (v) Self-direction;

   (vi) Capacity for Independent Living; and

   (vii) Economic self-sufficiency; and

   (e) Reflects the person's need for a combination and sequenceof special, interdisciplinary, or generic care, treatment, or other serviceswhich are of life-long or extended duration and are individually planned andcoordinated.

   Funding for these clients shall include funds that aretransferred to the Department of Human Services as part of the Managed HealthCare program transfer. However, the expenditures relating to these clientsshall not be part of the Department of Human Services' Caseload estimated forthe semi-annual Caseload Estimating Conference. The expenditures shall beaccounted for separately.

   (25) To provide access to services to any person under theage of eighteen (18) years or any person under the age of twenty-one (21) yearswho began to receive child welfare services from the department prior toattaining eighteen (18) years of age, has continuously received those servicesthereafter and elects to continue to receive such services after attaining theage of eighteen (18) years. The assembly has included funding in the FY 2008Department of Children, Youth and Families budget in the amount of $10.5million from all sources of funds and $6.0 million from general revenues toprovide a managed system to care for children serviced between 18 to 21 yearsof age. The department shall manage this caseload to this level of funding.

   (26) To develop and maintain, in collaboration with otherstate and private agencies, a comprehensive continuum of care in this state forchildren in the care and custody of the department or at risk of being in statecare. This continuum of care should be family-centered and community-based withthe focus of maintaining children safely within their families or, when a childcannot live at home, within as close proximity to home as possible based on theneeds of the child and resource availability. The continuum should includecommunity-based prevention, family support and crisis intervention services aswell as a full array of foster care and residential services, includingresidential services designed to meet the needs of children who are seriouslyemotionally disturbed, children who have a functional developmental disabilityand youth who have juvenile justice issues. The director shall make reasonableefforts to provide a comprehensive continuum of care for children in the careand custody of the DCYF, taking into account the availability of public andprivate resources and financial appropriations and the director shall submit anannual report to the general assembly as to the status of his or her efforts inaccordance with the provisions of subsection 42-72-4(b)(13).

   (27) To administer funds under the John H. Chafee Foster CareIndependence and Educational And Training Voucher (ETV) Programs of Title IV-Eof the Social Security Act, and the DCYF Higher Education Opportunity GrantProgram as outlined in RIGL § 42-72.8, in accordance with rules andregulations as promulgated by the director of the department.

   (c) In order to assist in the discharge of his or her duties,the director may request from any agency of the state information pertinent tothe affairs and problems of children.

   (d) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]

   (e) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]


State Codes and Statutes

State Codes and Statutes

Statutes > Rhode-island > Title-42 > Chapter-42-72 > 42-72-5

SECTION 42-72-5

   § 42-72-5  Powers and scope of activities.– (a) The department is the principal agency of the state to mobilize the human,physical and financial resources available to plan, develop, and evaluate acomprehensive and integrated statewide program of services designed to ensurethe opportunity for children to reach their full potential. The servicesinclude prevention, early intervention, out-reach, placement, care andtreatment, and after-care programs; provided, however, that the departmentnotifies the state police and cooperates with local police departments when itreceives and/or investigates a complaint of sexual assault on a minor andconcludes that probable cause exists to support the allegations(s). Thedepartment also serves as an advocate for the needs of children.

   (b) To accomplish the purposes and duties, as set forth inthis chapter, the director is authorized and empowered:

   (1) To establish those administrative and operationaldivisions of the department that the director determines is in the bestinterests of fulfilling the purposes and duties of this chapter;

   (2) To assign different tasks to staff members that thedirector determines best suit the purposes of this chapter;

   (3) To establish plans and facilities for emergencytreatment, relocation and physical custody of abused or neglected childrenwhich may include, but are not limited to, homemaker/educator child case aides,specialized foster family programs, day care facilities, crisis teams,emergency parents, group homes for teenage parents, family centers withinexisting community agencies, and counseling services;

   (4) To establish, monitor, and evaluate protective servicesfor children including, but not limited to, purchase of services from privateagencies and establishment of a policy and procedure manual to standardizeprotective services;

   (5) To plan and initiate primary and secondary treatmentprograms for abused and neglected children;

   (6) To evaluate the services of the department and to conductperiodic comprehensive needs assessment;

   (7) To license, approve, monitor, and evaluate allresidential and non-residential child care institutions, group homes, fosterhomes, and programs;

   (8) To recruit and coordinate community resources, public andprivate;

   (9) To promulgate rules and regulations concerning theconfidentiality, disclosure and expungement of case records pertaining tomatters under the jurisdiction of the department;

   (10) To establish a minimum mandatory level of twenty (20)hours of training per year and provide ongoing staff development for all staff;provided, however, all social workers hired after June 15, 1991, within thedepartment shall have a minimum of a bachelor's degree in social work or aclosely related field, and must be appointed from a valid civil service list;

   (11) To establish procedures for reporting suspected childabuse and neglect pursuant to chapter 11 of title 40;

   (12) To promulgate all rules and regulations necessary forthe execution of departmental powers pursuant to the Administrative ProceduresAct, chapter 35 of title 42;

   (13) To provide and act as a clearinghouse for information,data and other materials relative to children;

   (14) To initiate and carry out studies and analysis whichwill aid in solving local, regional and statewide problems concerning children;

   (15) To represent and act on behalf of the state inconnection with federal grant programs applicable to programs for children inthe functional areas described in this chapter;

   (16) To seek, accept, and otherwise take advantage of allfederal aid available to the department, and to assist other agencies of thestate, local agencies, and community groups in taking advantage of all federalgrants and subventions available for children;

   (17) To review and coordinate those activities of agencies ofthe state and of any political subdivision of the state which affect the fulland fair utilization of community resources for programs for children, andinitiate programs that will help assure utilization;

   (18) To administer the pilot juvenile restitution program,including the overseeing and coordinating of all local community basedrestitution programs, and the establishment of procedures for the processing ofpayments to children performing community service; and

   (19) To adopt rules and regulations which:

   (i) For the twelve (12) month period beginning on October 1,1983, and for each subsequent twelve (12) month period, establish specificgoals as to the maximum number of children who will remain in foster care for aperiod in excess of two (2) years; and

   (ii) Are reasonably necessary to implement the child welfareservices and foster care programs;

   (20) May establish and conduct seminars for the purpose ofeducating children regarding sexual abuse;

   (21) To establish fee schedules by regulations for theprocessing of requests from adoption placement agencies for adoption studies,adoption study updates, and supervision related to interstate and internationaladoptions. The fee shall equal the actual cost of the service(s) rendered, butin no event shall the fee exceed two thousand dollars ($2,000);

   (22) To be responsible for the education of all children whoare placed, assigned, or otherwise accommodated for residence by the departmentin a state operated or supported community residence licensed by a Rhode Islandstate agency. In fulfilling this responsibility the department is authorized toenroll and pay for the education of students in the public schools or, whennecessary and appropriate, to itself provide education in accordance with theregulations of the board of regents for elementary and secondary educationeither directly or through contract;

   (23) To develop multidisciplinary service plans, inconjunction with the department of health, at hospitals prior to the dischargeof any drug-exposed babies. The plan requires the development of a plan usingall health care professionals.

   (24) To be responsible for the delivery of appropriate mentalhealth services to seriously emotionally disturbed children and children withfunctional developmental disabilities. Appropriate mental health services mayinclude hospitalization, placement in a residential treatment facility, ortreatment in a community based setting. The department is charged with theresponsibility for developing the public policy and programs related to theneeds of seriously emotionally disturbed children and children with functionaldevelopmental disabilities.

   In fulfilling its responsibilities the department shall:

   (i) Plan a diversified and comprehensive network of programsand services to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities;

   (ii) Provide the overall management and supervision of thestate program for seriously emotionally disturbed children and children withfunctional developmental disabilities;

   (iii) Promote the development of programs for preventing andcontrolling emotional or behavioral disorders in children;

   (iv) Coordinate the efforts of several state departments andagencies to meet the needs of seriously emotionally disturbed children andchildren with functional developmental disabilities and to work with privateagencies serving those children;

   (v) Promote the development of new resources for programimplementation in providing services to seriously emotionally disturbedchildren and children with functional developmental disabilities.

   The department shall adopt rules and regulations, which arereasonably necessary to implement a program of mental health services forseriously emotionally disturbed children.

   Each community, as defined in chapter 7 of title 16, shallcontribute to the department, at least in accordance with rules and regulationsto be adopted by the department, at least its average per pupil cost forspecial education for the year in which placement commences, as its share ofthe cost of educational services furnished to a seriously emotionally disturbedchild pursuant to this section in a residential treatment program whichincludes the delivery of educational services.

   "Seriously emotionally disturbed child" means any personunder the age of eighteen (18) years or any person under the age of twenty-one(21) years who began to receive services from the department prior to attainingeighteen (18) years of age and has continuously received those servicesthereafter who has been diagnosed as having an emotional, behavioral or mentaldisorder under the current edition of the Diagnostic and Statistical Manual andthat disability has been on-going for one year or more or has the potential ofbeing ongoing for one year or more, and the child is in need of multi-agencyintervention, and the child is in an out-of-home placement or is at risk ofplacement because of the disability.

   A child with a "functional developmental disability" meansany person under the age of eighteen (18) years or any person under the age oftwenty-one (21) years who began to receive services from the department priorto attaining eighteen (18) years of age and has continuously received thoseservices thereafter.

   The term "functional developmental disability" includesautism spectrum disorders and means a severe, chronic disability of a personwhich:

   (a) Is attributable to a mental or physical impairment orcombination of mental physical impairments;

   (b) Is manifested before the person attains age eighteen (18);

   (c) Is likely to continue indefinitely;

   (d) Results in age- appropriate substantial functionallimitations in three (3) or more of the following areas of major life activity.

   (i) Self-care;

   (ii) Receptive and expressive language;

   (iii) Learning;

   (iv) Mobility;

   (v) Self-direction;

   (vi) Capacity for Independent Living; and

   (vii) Economic self-sufficiency; and

   (e) Reflects the person's need for a combination and sequenceof special, interdisciplinary, or generic care, treatment, or other serviceswhich are of life-long or extended duration and are individually planned andcoordinated.

   Funding for these clients shall include funds that aretransferred to the Department of Human Services as part of the Managed HealthCare program transfer. However, the expenditures relating to these clientsshall not be part of the Department of Human Services' Caseload estimated forthe semi-annual Caseload Estimating Conference. The expenditures shall beaccounted for separately.

   (25) To provide access to services to any person under theage of eighteen (18) years or any person under the age of twenty-one (21) yearswho began to receive child welfare services from the department prior toattaining eighteen (18) years of age, has continuously received those servicesthereafter and elects to continue to receive such services after attaining theage of eighteen (18) years. The assembly has included funding in the FY 2008Department of Children, Youth and Families budget in the amount of $10.5million from all sources of funds and $6.0 million from general revenues toprovide a managed system to care for children serviced between 18 to 21 yearsof age. The department shall manage this caseload to this level of funding.

   (26) To develop and maintain, in collaboration with otherstate and private agencies, a comprehensive continuum of care in this state forchildren in the care and custody of the department or at risk of being in statecare. This continuum of care should be family-centered and community-based withthe focus of maintaining children safely within their families or, when a childcannot live at home, within as close proximity to home as possible based on theneeds of the child and resource availability. The continuum should includecommunity-based prevention, family support and crisis intervention services aswell as a full array of foster care and residential services, includingresidential services designed to meet the needs of children who are seriouslyemotionally disturbed, children who have a functional developmental disabilityand youth who have juvenile justice issues. The director shall make reasonableefforts to provide a comprehensive continuum of care for children in the careand custody of the DCYF, taking into account the availability of public andprivate resources and financial appropriations and the director shall submit anannual report to the general assembly as to the status of his or her efforts inaccordance with the provisions of subsection 42-72-4(b)(13).

   (27) To administer funds under the John H. Chafee Foster CareIndependence and Educational And Training Voucher (ETV) Programs of Title IV-Eof the Social Security Act, and the DCYF Higher Education Opportunity GrantProgram as outlined in RIGL § 42-72.8, in accordance with rules andregulations as promulgated by the director of the department.

   (c) In order to assist in the discharge of his or her duties,the director may request from any agency of the state information pertinent tothe affairs and problems of children.

   (d) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]

   (e) [Deleted by P.L. 2008, ch. 9, art. 16, §2.]