2014 -- S 3046

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LC005771

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Senators Miller, Lynch, Jabour, Goodwin, and Cool Rumsey

     Date Introduced: May 29, 2014

     Referred To: Senate Health & Human Services

     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 miscellaneous petition or a petition alleging that the child is

dependent, neglected and or abused pursuant to sections §§ 14-1-5, and 40-11-7, or 42-72-14,

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) years of

age; provided, that 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; including the youth's housing, health insurance, education and/or employment plan

available mentors and continuing support services. The details of a youth's transition plan shall be

provided and approved by the court prior to the dismissal of a family court petition.

     (b) Additionally, the department of children, youth and families shall work

collaboratively with the department of behavioral healthcare, developmental disabilities and

hospitals, in accordance with § 14-1-59 to provide the family court with a transition plan for those

individuals who come under the court's jurisdiction pursuant to § 14-1-5 and who are seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v); this plan shall be

a joint plan presented to the court by the department of children, youth and families and the

department of behavioral healthcare, developmental disabilities and hospitals. The plan shall

identify the specific placement for the youth, as well as include the behavioral healthcare,

developmental disabilities and hospitals' community or residential service level, health insurance

option, education plan, available mentors, continuing support services, workforce supports and

employment services and shall be provided to the court at least twelve (12) months prior to

discharge, and the court shall monitor the transition plan. In the instance when the department of

behavioral healthcare, developmental disabilities and hospitals has not made timely referrals to

placements the department of children, youth and families may initiate referrals to adult

placements.

     (c) Provided 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) nineteen (19) years of age.

     (d) The parent and/or guardian and/or Guardian ad litem of a child who is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v) and who is before

the court pursuant to §§ 14-1-5(1)(iii)--14-1-5 (1)(v), 40-11-7 or 42-72-14, shall be entitled to a

transition hearing when his or her child reaches the age of twenty (20) and no appropriate plan or

placement has been submitted to the court by the department of children, youth and families and

the department of behavioral healthcare, developmental disabilities and hospitals. The family

court shall require that an immediate transition plan be submitted if the following facts are found:

     (1) No suitable placement and/or services have been identified for the child; or

     (2) No suitable transition plan has been presented to the court addressing the levels of

service appropriate to meet the needs of the child identified by the department of behavioral

healthcare, developmental disabilities and hospitals; or

     (3) No suitable health insurance, educational plan, available mentors, continuing support

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services, workforce supports and employment services have been provided.

     (b)(e) 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)(f) 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)(g) 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)(h) 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. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department

of Children, Youth, and Families" is hereby amended to read as follows:

     42-72-5. Powers and scope of activities. -- (a) The department is the principal agency of

the state to mobilize the human, physical and financial resources available to plan, develop, and

evaluate a comprehensive and integrated statewide program of services designed to ensure the

opportunity for children to reach their full potential. The services include prevention, early

intervention, out-reach, placement, care and treatment, and after-care programs; provided,

however, that the department notifies the state police and cooperates with local police

departments when it receives and/or investigates a complaint of sexual assault on a minor and

concludes that probable cause exists to support the allegations(s). The department also serves as

an advocate for the needs of children.

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      (b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

      (1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

      (2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

      (3) To establish plans and facilities for emergency treatment, relocation and physical

custody of abused or neglected children which may include, but are not limited to,

homemaker/educator child case aides, specialized foster family programs, day care facilities,

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

      (4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and

procedure manual to standardize protective services;

      (5) To plan and initiate primary and secondary treatment programs for abused and

neglected children;

      (6) To evaluate the services of the department and to conduct periodic comprehensive

needs assessment;

      (7) To license, approve, monitor, and evaluate all residential and non-residential child

care institutions, group homes, foster homes, and programs;

      (8) To recruit and coordinate community resources, public and private;

      (9) To promulgate rules and regulations concerning the confidentiality, disclosure and

expungement of case records pertaining to matters under the jurisdiction of the department;

      (10) To establish a minimum mandatory level of twenty (20) hours of training per year

and provide ongoing staff development for all staff; provided, however, all social workers hired

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

work or a closely related field, and must be appointed from a valid civil service list;

      (11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

      (12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

      (13) To provide and act as a clearinghouse for information, data and other materials

relative to children;

      (14) To initiate and carry out studies and analysis which will aid in solving local,

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regional and statewide problems concerning children;

      (15) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for children in the functional areas described in this chapter;

      (16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in

taking advantage of all federal grants and subventions available for children;

      (17) To review and coordinate those activities of agencies of the state and of any

political subdivision of the state which affect the full and fair utilization of community resources

for programs for children, and initiate programs that will help assure utilization;

      (18) To administer the pilot juvenile restitution program, including the overseeing and

coordinating of all local community based restitution programs, and the establishment of

procedures for the processing of payments to children performing community service; and

      (19) To adopt rules and regulations which:

      (i) For the twelve (12) month period beginning on October 1, 1983, and for each

subsequent twelve (12) month period, establish specific goals as to the maximum number of

children who will remain in foster care for a period in excess of two (2) years; and

      (ii) Are reasonably necessary to implement the child welfare services and foster care

programs;

      (20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

      (21) To establish fee schedules by regulations for the processing of requests from

adoption placement agencies for adoption studies, adoption study updates, and supervision related

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

      (22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state operated or supported

community residence licensed by a Rhode Island state agency. In fulfilling this responsibility the

department is authorized to enroll and pay for the education of students in the public schools or,

when necessary and appropriate, to itself provide education in accordance with the regulations of

the board of regents for elementary and secondary education either directly or through contract;

      (23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all health care professionals.

      (24) To be responsible for the delivery of appropriate mental health services to seriously

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emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community based setting. The department is charged with the

responsibility for developing the public policy and programs related to the needs of seriously

emotionally disturbed children and children with functional developmental disabilities.

      In fulfilling its responsibilities the department shall:

      (i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

      (ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

      (iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

      (iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

      (v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

      The department shall adopt rules and regulations, which are reasonably necessary to

implement a program of mental health services for seriously emotionally disturbed children.

      Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per pupil cost for special education for the year in which placement commences, as its share of

the cost of educational services furnished to a seriously emotionally disturbed child pursuant to

this section in a residential treatment program which includes the delivery of educational services.

      "Seriously emotionally disturbed child" means any person under the age of eighteen (18)

years or any person under the age of twenty-one (21) years who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter who has been diagnosed as having an emotional, behavioral or mental disorder

under the current edition of the Diagnostic and Statistical Manual and that disability has been on-

going for one year or more or has the potential of being ongoing for one year or more, and the

child is in need of multi-agency intervention, and the child is in an out-of-home placement or is at

risk of placement because of the disability.

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      A child with a "functional developmental disability" means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

      The term "functional developmental disability" includes autism spectrum disorders and

means a severe, chronic disability of a person which:

      (a) Is attributable to a mental or physical impairment or combination of mental physical

impairments;

      (b) Is manifested before the person attains age eighteen (18);

      (c) Is likely to continue indefinitely;

      (d) Results in age- appropriate substantial functional limitations in three (3) or more of

the following areas of major life activity.

      (i) Self-care;

      (ii) Receptive and expressive language;

      (iii) Learning;

      (iv) Mobility;

      (v) Self-direction;

      (vi) Capacity for Independent Living; and

      (vii) Economic self-sufficiency; and

      (e) Reflects the person's need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services which are of life-long or extended

duration and are individually planned and coordinated.

      Funding for these clients shall include funds that are transferred to the Department of

Human Services as part of the Managed Health Care program transfer. However, the expenditures

relating to these clients shall not be part of the Department of Human Services' Caseload

estimated for the semi-annual Caseload Estimating Conference. The expenditures shall be

accounted for separately.

      (25) To provide access to services to any person under the age of eighteen (18) years or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter and elects to continue to receive such services after attaining the age of

eighteen (18) years. The assembly has included funding in the FY 2008 Department of Children,

Youth and Families budget in the amount of $10.5 million from all sources of funds and $6.0

million from general revenues to provide a managed system to care for children serviced between

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18 to 21 years of age. The department shall manage this caseload to this level of funding.

     (26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals for any person who receives services through

the department of children, youth and families, is seriously emotionally disturbed or

developmentally delayed pursuant to § 42-72-5(24)(v), and whose care may or shall be

administered by the department of behavioral healthcare, developmental disabilities and hospitals

after the age of twenty-one (21) years. The transition planning shall commence at least twelve

(12) months prior to the person's twenty-first (21st) birthday and shall result in a collaborative

plan submitted to the family court by both the department of behavioral healthcare,

developmental disabilities and hospitals and the department of children, youth and families and

shall require the approval of the court prior to the dismissal of the abuse, neglect, dependency or

miscellaneous petition.

      (26)(27) To develop and maintain, in collaboration with other state and private agencies,

a comprehensive continuum of care in this state for children in the care and custody of the

department or at risk of being in state care. This continuum of care should be family-centered and

community-based with the focus of maintaining children safely within their families or, when a

child cannot live at home, within as close proximity to home as possible based on the needs of the

child and resource availability. The continuum should include community-based prevention,

family support and crisis intervention services as well as a full array of foster care and residential

services, including residential services designed to meet the needs of children who are seriously

emotionally disturbed, children who have a functional developmental disability and youth who

have juvenile justice issues. The director shall make reasonable efforts to provide a

comprehensive continuum of care for children in the care and custody of the DCYF, taking into

account the availability of public and private resources and financial appropriations and the

director shall submit an annual report to the general assembly as to the status of his or her efforts

in accordance with the provisions of subsection 42-72-4(b)(13).

      (27)(28) To administer funds under the John H. Chafee Foster Care Independence and

Educational And Training Voucher (ETV) Programs of Title IV-E of the Social Security Act, and

the DCYF Higher Education Opportunity Grant Program as outlined in RIGL section 42-72.8, in

accordance with rules and regulations as promulgated by the director of the department.

      (c) In order to assist in the discharge of his or her duties, the director may request from

any agency of the state information pertinent to the affairs and problems of children.

      (d) [Deleted by P.L. 2008, ch. 9, art. 16, section 2.]

      (e) [Deleted by P.L. 2008, ch. 9, art. 16, section 2.]

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     SECTION 3. Section 40.1-5.4-4 of the General Laws in Chapter 40.1-5.4 entitled

"Division of Mental Health" is hereby amended to read as follows:

     40.1-5.4-4. Powers and duties of director of mental health, retardation and hospitals.

-- The director of mental health, retardation, and hospitals shall, subject to available

appropriations, have the following powers and duties:

      (1) To be responsible for planning and developing a complete, comprehensive and

integrated statewide system of mental health services; provided that the department's highest

priorities shall be to provide services to residents with serious mental illness, early and ongoing

treatment and support for serious mental illness and research into the causes and treatment of

serious mental illness in the development of the system, the department shall consult with all

facilities and agencies, both public and private, concerned with the mental health of the residents

of Rhode Island;

      (2) To implement the system in cooperation with providers of mental health services;

      (3) To coordinate the efforts of the department of mental health, retardation, and

hospitals with those of other state departments and agencies, municipal governments as well as

the federal government and private agencies concerned with and providing services for persons

with serious mental illness;

      (4) To be responsible for the administration of state operated facilities established for the

diagnosis, care and rehabilitation of adults with serious mental illness and to ensure that there are

adequate state facilities to provide these services;

      (5) To have general supervision of all private facilities as that term is defined in section

40.1-5-2(3) and to exercise the powers and duties provided for in section 40.1-5-1 et seq.;

      (6) To establish standards in conformance with generally accepted professional practice

and to provide technical assistance to all state supported diagnostic facilities, rehabilitation

centers, community residences, community mental health centers, and other facilities for the

persons with serious mental illness licensed by the department pursuant to section 40.1-24-1 et

seq.;

      (7) To monitor and inspect to insure compliance with the standards. Provided, however,

that none of the foregoing shall be applicable to any of the facilities wholly within the control of

any other department of state government;

      (8) To stimulate research by public and private agencies, institutions of higher learning,

and hospitals, in the interest of the elimination and amelioration of serious mental illness, and

care and treatment of persons with serious mental illness;

      (9) To provide funding to the various community agencies and private nonprofit

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agencies, in amounts, which will enable adults with serious mental illness to receive services

appropriate to their individual's needs;

      (10) To take, hold and administer in trust for the state any grant, devise, gift or bequest

made either to the state or to the department for the use of persons under its care or for the

expenditure upon any work which the department is authorized to undertake;

      (11) To establish and maintain a comprehensive program of community mental health

services, utilizing the community mental health centers and other community mental health

agencies and to establish standards for the development of these community programs;

      (12) To exercise the powers and duties relating to community mental health centers in

accordance with section 40.1-8.5-1 et seq.;

      (13) To exercise the powers and duties relating to the licensing of community mental

health facilities in accordance with section 40.1-24-1 et seq.;

      (14) To consult with and assist the governor's council on behavioral health in accordance

with the requirements of section 40.1-29;

      (15) To exercise the powers and duties relating to care and treatment of forensic patients

in accordance with section 40.1-5.3-1 et seq.;

      (16) To cooperate with the department of corrections, the courts and local and state law

enforcement authorities to ensure adequate, fair and humane treatment of persons with serious

mental illness involved in the criminal justice system.

     (17) To collaborate with the department of children, youth and families in the

development of transition plans pursuant of § 42-72-5(b)(26) and with the department of

elementary and secondary education in the development of transition plans for those children

over the age of fourteen (14) years whose Individualized Education Program (IEP) indicates a

need for services from the department of behavioral healthcare, developmental disabilities and

hospitals after the age of twenty-one (21) years, and to submit those plans to the family court for

review and approval.

     (18) To initiate transition planning in cooperation with the department of children, youth

and families for any person who receives services through the department of children, youth and

families, is seriously emotionally disturbed or developmentally delayed pursuant § 42-72-

5(24)(v), and whose care may or shall be administered by the department of behavioral

healthcare, developmental disabilities and hospitals after the age of twenty-one (21) years. The

transition planning shall commence at least twelve (12) months prior to the person's twenty-first

(21st) birthday and shall result in a collaborative plan submitted to the family court by both

behavioral healthcare, developmental disabilities and hospitals and the department of children,

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youth and families and shall require the approval of the court prior to the dismissal of the abuse,

neglect, dependency or miscellaneous petition.

      (17)(19) To act in the capacity of "state mental health authority" as that term has

meaning for a coordination of state mental health planning and policy, and as it also relates to

requirements set forth in pertinent federal mental health laws and regulations.

      (18)(20) To propose, review, and/or approve, as appropriate, proposals, policies, or plans

involving insurance or managed care systems for mental health services in Rhode Island or those

aimed at improving the overall mental health of Rhode Island residents when the proposals,

policies or plans relate to the publicly administered integrated state mental health service system.

     SECTION 4. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would mandate the development of a transition plan by the department of

children, youth and families for all children under the jurisdiction of the family court prior to the

child turning eighteen (18) years of age addressing housing, health insurance, education,

employment, mentors and continuing support services as well as children with educational,

emotional or developmental disabilities under the department's care. The act would also limit

jurisdiction of the family court over delinquent and wayward children up to age nineteen (19)

rather than age twenty-one (21).

     This act would take effect upon passage.

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