§ 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.
(a) An initial factual determination and designation of the residence of the parent(s)
of a child placed in the care and custody of the state shall be made by the family
court in accordance with § 33-15.1-2. The director of the department of children, youth, and families shall incorporate
any designation of parent's residence on the child's intra-state education identification
card and update the designation pursuant to § 42-72.4-1(b).
(b) If
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§ 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.
(a) An initial factual determination and designation of the residence of the parent(s)
of a child placed in the care and custody of the state shall be made by the family
court in accordance with § 33-15.1-2. The director of the department of children, youth, and families shall incorporate
any designation of parent's residence on the child's intra-state education identification
card and update the designation pursuant to § 42-72.4-1(b).
(b) If no factual determination and designation of the residence of the parent(s) of a
child placed in the care and custody of the state is made by the family court pursuant
to § 16-64-1.2(a), then the department of elementary and secondary education shall designate the city
or town to be responsible for the per-pupil special education cost of education to
be paid to DCYF or to the facility providing educational services for children in
state care pursuant to § 16-64-1.1(c).
(c) The department of elementary and secondary education shall designate the city or town
to be responsible for the per-pupil special education cost of education to be paid
to DCYF for children in state care who have neither a father, mother, nor guardian
living in the state or whose residence can be determined in the state or who have
been surrendered for adoption or who have been freed for adoption by a court of competent
jurisdiction using the following criteria: (1) last known Rhode Island residence of
the child's father, mother, or guardian prior to moving from the state, dying, surrendering
the child for adoption or having parental rights terminated; (2) when the child's
parents are separated or divorced and neither parent resides in the state, the last
known residence of the last parent known to have lived in the state. This designation
by the department of elementary and secondary education shall be incorporated on the
child's intra-state education 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 of parents' residence in the city or
town and/or the city or town's financial responsibility 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 or agency bears any financial responsibility, the commissioner
shall be authorized to order the general treasurer to deduct the amount owed from
the designated community's school aid and to pay this amount to DCYF.