2014 -- S 2601

========

LC004426

========

     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

____________

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN

FAMILY COURT

     Introduced By: Senators Cool Rumsey, Goldin, Archambault, Satchell, and Miller

     Date Introduced: March 04, 2014

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings

in Family Court" is hereby amended to read as follows:

     14-1-6. Retention of jurisdiction. -- (a) When the court shall have obtained jurisdiction

over any child prior to the child having attained the age of eighteen (18) years by the filing of a

petition alleging that the child is wayward or delinquent pursuant to section 14-1-5, the child

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

until he or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen

(19). When the court shall have obtained jurisdiction over any child prior to the child's eighteenth

(18th) birthday by the filing of a petition alleging that the child is dependent, neglected and

abused pursuant to sections 14-1-5 and 40-11-7, including any child under the jurisdiction of the

family court on petitions filed and/or pending before the court prior to July 1, 2007, the child

shall, except as specifically provided in this chapter, continue under the jurisdiction of the court

until he or she becomes eighteen (18) twenty-one (21) years of age; provided further, that for any

individual between the ages of eighteen (18) and twenty-one (21), who is alleged to be dependent,

neglected and/or abused, the court shall require the department of children, youth, and families to

provide a description of the transition plan for that individual that includes specific options on the

youth's housing, health insurance, education, available mentors and continuing support services,

workforce supports, and employment services at least ninety (90) days prior to the child's

expected discharge from foster care prior to a child turning eighteen (18) years of age, the court

shall require the department of children, youth, and families to provide a description of the

transition services afforded the child in placement or a detailed explanation as to the reason those

services were not offered; provided further that any youth who comes within the jurisdiction of

the court by the filing of a wayward or delinquent petition based upon an offense which was

committed prior to July 1, 2007, including youth who are adjudicated and committed to the

Rhode Island Training School and who are placed in a temporary community placement as

authorized by the family court, may continue under the jurisdiction of the court until he or she

turns twenty one (21) years of age.

      (b) In any case where the court shall not have acquired jurisdiction over any person prior

to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person had

committed an offense, but a petition alleging that the person had committed an offense which

would be punishable as a felony if committed by an adult has been filed before that person attains

the age of nineteen (19) years of age, that person shall, except as specifically provided in this

chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19) years of

age, unless discharged prior to turning nineteen (19).

      (c) In any case where the court shall not have acquired jurisdiction over any person prior

to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the

person had committed an offense prior to the person attaining the age of eighteen (18) years

which would be punishable as a felony if committed by an adult, that person shall be referred to

the court which would have had jurisdiction over the offense if it had been committed by an adult.

The court shall have jurisdiction to try that person for the offense committed prior to the person

attaining the age of eighteen (18) years and, upon conviction, may impose a sentence not

exceeding the maximum penalty provided for the conviction of that offense.

      (d) In any case where the court has certified and adjudicated a child in accordance with

the provisions of sections 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the

power and authority to sentence the child to a period in excess of the age of nineteen (19) years.

However, in no case shall the sentence be in excess of the maximum penalty provided by statute

for the conviction of the offense.

      (e) Nothing in this section shall be construed to affect the jurisdiction of other courts

over offenses committed by any person after he or she reaches the age of eighteen (18) years.

     SECTION 2. This act shall take effect upon passage.

========

LC004426

========

LC004426 - Page 2 of 2

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN

FAMILY COURT

***

     This act would require the department of children, youth and families to provide the

family court with transition plans and the child would continue under the jurisdiction of the

family court until he or she turns twenty-one (21) years of age.

     This act would take effect upon passage.

========

LC004426

========

LC004426 - Page 3 of 2