§ 16-64-1.2 - Designation of residency of children in state care for purposes of financial responsibility under § 16-64-1.1(c) – Effect of designation of residence. - Rhode Island Statutes

SECTION 16-64-1.2

   § 16-64-1.2  Designation of residency ofchildren in state care for purposes of financial responsibility under §16-64-1.1(c) – Effect of designation of residence. – (a) An initial factual determination and designation of the residence of theparent(s) of a child placed in the care and custody of the state shall be madeby the family court in accordance with § 33-15.1-2. The director of thedepartment of children, youth, and families shall incorporate any designationof parent's residence on the child's intra-state education identification cardand update the designation pursuant to § 42-72.4-1(b).

   (b) If no factual determination and designation of theresidence of the parent(s) of a child placed in the care and custody of thestate is made by the family court pursuant to § 16-64-1.2(a), then thedepartment of elementary and secondary education shall designate the city ortown to be responsible for the per-pupil special education cost of education tobe paid to DCYF or to the facility providing educational services for childrenin state care pursuant to § 16-64-1.1(c).

   (c) The department of elementary and secondary educationshall designate the city or town to be responsible for the per-pupil specialeducation cost of education to be paid to DCYF for children in state care whohave neither a father, mother, nor guardian living in the state or whoseresidence can be determined in the state or who have been surrendered foradoption or who have been freed for adoption by a court of competentjurisdiction using the following criteria: (1) last known Rhode Islandresidence of the child's father, mother, or guardian prior to moving from thestate, dying, surrendering the child for adoption or having parental rightsterminated; (2) when the child's parents are separated or divorced and neitherparent resides in the state, the last known residence of the last parent knownto have lived in the state. This designation by the department of elementaryand secondary education shall be incorporated on the child's intra-stateeducation identification card.

   (d) The designation of a city or town pursuant to subsection(a), (b), or (c) of this section shall constitute prima facie evidence ofparents' residence in the city or town and/or the city or town's financialresponsibility for the child's education as provided in § 16-64-1.1.Pending any final decision under § 16-64-6 that a different city, town oragency bears any financial responsibility, the commissioner shall be authorizedto order the general treasurer to deduct the amount owed from the designatedcommunity's school aid and to pay this amount to DCYF.