2011 -- H 5855

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LC02079

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2011

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H O U S E R E S O L U T I O N

CREATING THE RHODE ISLAND HOUSE OF REPRESENTATIVES EMERGENCY

OVERSIGHT COMMISSION ON THE DEPARTMENT OF CHILDREN, YOUTH, AND

FAMILIES

     Introduced By: Representatives Handy, Blazejewski, Valencia, Williams, and Tarro

     Date Introduced: March 08, 2011

     Referred To: House Health, Education & Welfare

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     WHEREAS, Over 10,000 Rhode Island children and adolescents, over 4 percent of the

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population of the state, are in the care of the Department of Children, Youth, and Families

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(DCYF); and

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     WHEREAS, The children and adolescents in the care of DCYF are entitled to the

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protection and care of the state; and

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     WHEREAS, The children and adolescents in DCYF consistently experience an

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elementary or secondary education that is markedly turbulent and intermittent; and

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     WHEREAS, The children and adolescents in DCYF care are entitled to a safe and

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permanent placement that is conducive to meeting their emotional, academic, and medical needs;

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and

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     WHEREAS, There is a contemporary concern regarding abuse and neglect in foster

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homes, group homes, and treatment facilities; and

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     WHEREAS, The indelible imprint of abuse and neglect is intolerable upon any child or

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adolescent; and

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     WHEREAS, The Office of the Child Advocate has filed a class action lawsuit alleging

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abuse and neglect of youth in DCYF care; and

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     WHEREAS, The Children’s Bill of Rights (RIGL 42-72-15), the United States

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Constitution, and the Constitution of the State of Rhode Island and Providence Plantations must

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be upheld, and children and adolescents in DCYF care must be apprised of their rights in order to

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recognize abuse and/or neglect that may otherwise go undiscovered; and

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     WHEREAS, The constitutional right to acquire an attorney is often necessary in

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navigating legal labyrinths, and children and adolescents are no exception; and

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     WHEREAS, DCYF social workers are overburdened with an inappropriately excessive

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amount of cases; and

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     WHEREAS, The Office of the Child Advocate has consistently found that children and

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adolescents in DCYF care are subjected to a disproportionate amount of incidents involving

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abuse and neglect; and

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     WHEREAS, In July 2010 state officials shut down a Johnston group home due to its staff

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confining five boys in a hot, stifling common room in an effort to coerce the boys to admit to a

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theft of clothing. The same group home failed to provide a safe and habitable environment due to

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dysfunctional toilets that generated backed-up waste, which, in turn, required staff to take the

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boys to a local YMCA for showers. Although group homes are required to be visited by state

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employees every three months, this particular group home wasn’t visited in over a year; and

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     WHEREAS, The State of Rhode Island and Providence Plantations expended over

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$250,000 in fiscal year 2005 to a for-profit business, NASDAQ corporation in Florida, to care for

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Rhode Island children and adolescents when said corporation faced a grand jury indictment, with

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staff admitting to the rape of residents and constant physical, sexual, verbal, and emotional

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assaults; and

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     WHEREAS, Nearly a decade ago, the Rhode Island House of Representatives demanded

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an end to night-to-night placement, yet it is still being practiced; and

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     WHEREAS, Legislative oversight and federal court action has failed to ameliorate the

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troubled condition of DCYF; and

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     WHEREAS, It is the steadfast opinion of this House that any form of abuse or neglect is

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wholly intolerable, especially at the hands of those who receive taxpayer funds to provide care

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and support for this distinct population of Rhode Islanders; and

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     WHEREAS, Action must be taken to bring an end to abuse and neglect; now, therefore

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be it

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     RESOLVED, That this House of Representatives of the State of Rhode Island and

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Providence Plantations hereby declares that abuse and neglect is unconstitutional and inhumane,

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especially when inflicted upon children and adolescents already in DCYF care, thus a thorough

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review of the policies and procedures of DCYF is necessary; and be it further

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     RESOLVED, That a House emergency oversight commission on DCYF be created

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consisting of nine (9) members of this House, not more than five (5) from the same political

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party, to be appointed by the Speaker of the House.

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      The purpose of said commission is to investigate any unconstitutional or unethical

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activities, policies, procedures, or placements that pose an imminent threat of harm and danger to

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any child or adolescent currently or previously in DCYF care, including those youth in

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placements that are administered under the auspices of the Interstate Compact on the Placement

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of Children (ICPC).

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      The members of the commission shall demand and be furnished any and all information,

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documentary and otherwise, as it is deemed necessary or desirable to facilitate the purposes of

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this resolution.

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      The Speaker of the House is hereby authorized and directed to provide suitable quarters

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for said study commission; and be it further

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      RESOLVED, That the oversight commission on DCYF shall report its findings and

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recommendations to the House of Representatives no later than June 7, 2011, and said study

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commission shall expire on August 7, 2011.

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LC02079

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