2015 -- H 5653

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LC001912

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN-PROCEEDINGS IN

FAMILY COURT

     Introduced By: Representatives Shekarchi, Serpa, McNamara, Ajello, and Tanzi

     Date Introduced: February 26, 2015

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 14-1-11 of the General Laws in Chapter 14-1 entitled "Proceedings

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

     14-1-11. Authorizing and filing petition. -- (a) The filing of the petition constitutes

assumption of jurisdiction over the child. Filing shall take place upon authorization by the intake

department upon completion of its procedures pursuant to Rule 3 of the Rules of Juvenile

Proceedings, upon authorization by a justice of the family court pursuant to Rule 4 of the Rules of

Juvenile Proceedings, or immediately upon appearance of the child before the court following

emergency detention, unless the court otherwise orders.

      (b) In the event that a petition is filed, any appropriate person having knowledge,

information, or belief of the material facts that appear to warrant a petition may be a petitioner

under this chapter and is not required to give recognizance or surety for costs. The petition shall

be directed to the family court of the state of Rhode Island, setting forth that in the opinion of the

petitioner the child is a delinquent, wayward, dependent, or neglected child, or otherwise comes

within the provisions of this chapter, and requires the care and protection of the state, and all

petitions, with the exception of those requesting the arrest and/or detention of any person, shall be

sworn to before a licensed notary public. Those exceptions, as stated above, shall be sworn to by

either a justice or clerk of the family court.

      (c) No child shall be ordered detained at the training school unless there is pending

against the child a petition setting forth facts which would constitute a felony or misdemeanor if

committed by an adult or which alleges a violation of a valid court order, or unless the child is

adjudged in contempt of court. In the event a child is ordered to be detained at the training school,

the family court shall conduct a probable cause hearing within five (5) calendar days of the child's

detention (exclusive of weekends and/or holidays). At the conclusion of the probable cause

hearing, the court shall order the release of the child from the training school unless the court

finds that the child poses a substantial risk of harm to self or to others.

      Nothing in this section prohibits the temporary commitment by the family court to the

department of children, youth, and families for placement of a child in a specific facility or

program other than the training school for youth.

      (d) The department of children, youth and families, in consultation with law enforcement

agencies, the attorney general, the office of the public defender and the family court, shall

develop and implement a detention risk assessment instrument by no later than July 1, 2009.

      (e) No child shall be placed in detention at the training school unless a determination is

made by the family court that the child poses a substantial risk of harm to self or to others.

      (f) No petition alleging that a child is wayward by virtue of disobedient behavior may be

filed except upon proof offered in the petition that the child has been subjected to a needs

assessment conducted at a facility approved by the director of the department of children, youth

and families, and that a treatment plan resulting from that assessment has been unsuccessful.

      (g) The director of the department of children, youth and families is authorized and

directed to promulgate any rules and regulations that it deems necessary to implement the

provisions and purposes of this section.

     SECTION 2. Section 14-1-32 of the General Laws in Chapter 14-1 entitled "Proceedings

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

     14-1-32. Power of court to order disposition of child. -- If the court finds that a child is

delinquent, wayward, neglected, dependent, or otherwise within the provisions of this chapter, it

may by order duly entered proceed as follows:

      (1) The court may place the child on probation or under supervision in his or her own

home or in the custody of a relative or other suitable person, or in the custody of the director of

children, youth and families, upon any terms the court determines. Nothing in this section shall

prohibit the placement of a child in any facility licensed or approved by another department of

state government, upon any terms that the court shall determine; provided, that if the court finds

that a child is delinquent or wayward for any offense which has resulted in damage to the

property of another, then the court may order that appropriate monetary restitution be made

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immediately to the owner of the damaged property by the child, his or her parent, parents, or

guardian or other lawful custodian, upon examination and after a finding that the child, or his or

her parent, parents, or guardian or other lawful custodian, has the ability to pay restitution.

      (2) The court may order the child to engage in community restitution at a state or

municipal agency or department in addition to or in lieu of restitution, for a period of time to be

determined by the court.

      (3) The court may order the parent or parents of the child to undertake a program of

counseling, which program shall be designed to attempt to remedy those conditions which led to

the child's coming before the court.

      (4) The court may, by order duly entered, prior to a finding that a child is delinquent,

wayward, neglected, dependent, or otherwise within the provisions of this chapter, place the

petition on file. The court may, in its discretion, attach conditions to the petition. The conditions

shall be a valid court order. If no action is taken on the petition for a period of one year or less, if

so ordered, following the filing, the authorization issuing the petition shall be revoked by the

clerk and the petition shall be closed.

      (5) The court may, after a hearing on either a stenographic or tape recorded record, and

after also considering any need of the juvenile and/or the juvenile's family for the juvenile to have

a driver's license, the relative benefits of the juvenile retaining or losing driving privileges, and

whether any circumstances in the school environment or educational services are adversely

affecting the juvenile's school attendance deny, revoke, suspend and/or reinstate a juvenile's

driving privileges including both the learning license and/or driver's license of any juvenile

deemed wayward as a result of the family court finding the child truant pursuant to chapter 19 of

title 16 and/or wayward/delinquent.

     SECTION 3. 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 prohibit the detention of juveniles at the Rhode Island Training School

based on allegations that he or she was in violation of a court order and would further not classify

conditions placed on a juvenile when a petition is placed on file, as a valid court order.

     This act would take effect upon passage.

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