(a)  When any physician, duly certified registered nurse practitioner, or other healthcare provider is involved in the delivery or care of infants born with, or identified as being affected by, substance abuse or withdrawal symptoms resulting from prenatal drug exposure or a fetal alcohol spectrum disorder, or has cause to suspect that a child brought to him or her, or coming to him or her, for examination, care, or treatment, is an abused or neglected child as defined in this chapter, or when he or she determines that a child under the age of twelve (12) years is suffering from any sexually transmitted disease, he or she shall report the incident or cause a report thereof to be made to the department as provided in subsection (b).

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Terms Used In Rhode Island General Laws 40-11-6

  • Abused or neglected child: means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare:

    (i)  Inflicts, or allows to be inflicted, upon the child physical or mental injury, including excessive corporal punishment; or

    (ii)  Creates, or allows to be created, a substantial risk of physical or mental injury to the child, including excessive corporal punishment; or

    (iii)  Commits, or allows to be committed, against the child an act of sexual abuse; or

    (iv)  Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so; or

    (v)  Fails to provide the child with a minimum degree of care or proper supervision or guardianship because of his or her unwillingness or inability to do so by situations or conditions such as, but not limited to: social problems, mental incompetency, or the use of a drug, drugs, or alcohol to the extent that the parent or other person responsible for the child's welfare loses his or her ability or is unwilling to properly care for the child; or

    (vi)  Abandons or deserts the child; or

    (vii)  Sexually exploits the child in that the person allows, permits, or encourages the child to engage in prostitution as defined by the provisions in Rhode Island General Laws 40-11-2

  • Child: means a person under the age of eighteen (18). See Rhode Island General Laws 40-11-2
  • Child protective investigator: means an employee of the department charged with responsibility for investigating complaints and referrals of child abuse and neglect and institutional child abuse and neglect. See Rhode Island General Laws 40-11-2
  • Department: means department of children, youth and families. See Rhode Island General Laws 40-11-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Healthcare provider: means any provider of healthcare services involved in the delivery or care of infants or care of children. See Rhode Island General Laws 40-11-2
  • in writing: include printing, engraving, lithographing, and photo-lithographing, and all other representations of words in letters of the usual form. See Rhode Island General Laws 43-3-16
  • Law enforcement agency: means the police department in any city or town or the state police. See Rhode Island General Laws 40-11-2
  • person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Physician: means any licensed doctor of medicine, licensed osteopathic physician, and any physician, intern, or resident of an institution as defined in subsection (8). See Rhode Island General Laws 40-11-2

(b)  An immediate oral report shall be made by telephone or otherwise, to both the department and law enforcement agency, and shall be followed by a report, in writing, to the department and law enforcement agency explaining the extent and nature of the abuse or neglect the child is alleged to have suffered.

(c)  The department, upon receipt of such a report by a person other than a physician or duly certified registered nurse practitioner alleging that a child has been physically abused, shall investigate the report, and if the investigation reveals evidence of injury or that the child has been the victim of sexual abuse, the department shall have the child examined by a licensed physician or duly certified registered nurse practitioner. Any child protective investigator shall, with or without the consent of the parent or other person responsible for the child’s welfare, have the right to remove the child from the place where the child may be to secure the examination required by this subsection. Upon completion of the examination, it shall be mandatory for the physician or duly certified registered nurse practitioner to make a written report of his or her findings to the department.

(d)  The department shall promulgate rules and regulations to implement the provisions of this section.

History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1984, ch. 257, § 1; P.L. 1985, ch. 371, § 1; P.L. 1992, ch. 245, § 1; P.L. 2011, ch. 151, art. 17, § 1; P.L. 2017, ch. 386, § 1; P.L. 2017, ch. 424, § 1.