2015 -- S 0339

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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 STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH, AND FAMILIES

     Introduced By: Senators Kettle, and Morgan

     Date Introduced: February 12, 2015

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 42-72-15 of the General Laws in Chapter 42-72 entitled

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

     42-72-15. Children's bill of rights. -- (a) No child placed or treated under the

supervision of the department in any public or private facility shall be deprived of any personal

property or civil rights, except in accordance with due process.

      (b) Each child placed or treated under the supervision of the department in any public or

private facility shall receive humane and dignified treatment at all times, with full respect for the

child's personal dignity and right to privacy, consistent with the child's treatment plan. Each child

shall be guaranteed constitutional rights at all times.

      (c) Each child placed in a secure facility under the supervision of the department shall be

permitted to communicate with any individual, group, or agency consistent with the child's

treatment objectives; shall be provided writing materials and postage; and shall be permitted to

make or receive telephone calls to or from his or her attorneys, guardians ad litem, special

advocates, or child advocate at any reasonable time. No child shall be prevented from contacting

an attorney, the courts, the clergy, or law enforcement during business hours or an emergency

situation.

      (d) The department shall adopt rules and regulations pursuant to the Administrative

Procedures Act, title 42, chapter 35, regarding children placed in secure facilities to specify the

following:

      (1) When a child may be placed in restraint or seclusion or when force may be used upon

a child;

      (2) When the head of a facility may limit the use or receipt of mail by any child and a

procedure for return of unopened mail; and

      (3) When the head of a facility may restrict the use of a telephone by any child.

      (e)(d) A copy of any order placing a child at a secure facility under the supervision of the

department in restraint or seclusion shall be made a part of the child's permanent clinical record.

In addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in

writing, signed by the head of the facility or the facility head's designee, and made a part of the

child's permanent clinical record.

      (f)(e) Each child placed or treated in a secure facility under the supervision of the

department shall be permitted to receive visitors subject to reasonable restriction consistent with

the child's treatment plan. The head of each facility shall establish visiting hours and inform all

children and their families and other visitors of these hours. Any special restrictions shall be

noted in writing, signed by the head of the facility or his or her designee, and made a part of the

child's permanent clinical record. Each child shall be permitted to correspond with visitors to

schedule these visitation hours.

      (g)(f) Each child may receive his or her clergyman, attorney, guardian ad litem, special

advocate, or child advocate at any reasonable time, and each child may initiate an appointment

with the clergyman, attorney, guardian ad litem, special advocate, or child advocate at any

reasonable time via telephone, postal mail, or electronic mail.

      (h)(g) No person shall be denied employment, housing, civil service rank, any license or

permit, including a professional license, or any other civil or legal right, solely because of a

present or past placement with the department except as otherwise provided by statute.

      (i)(h) Each child under the supervision of the department shall have the right to counsel,

and the right to receive visits from physicians and mental health professionals, and each child has

the right to contact any attorney, physician, or mental health professional via telephone, postal

mail, or electronic mail.

      (j)(i) Each child shall have a right to a hearing pursuant to rules and regulations

promulgated by the department if the child is involuntarily transferred by the department to any

facility outside of the state in accordance with the procedure set forth in § 42-72-14.

      (k)(j) The children's bill of rights shall be posted in a conspicuous place within any

secure facility for the residential housing of children distributed to each child upon entrance into

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any department facility in language consistent with the child's comprehension.

      (l)(k) Every deliverer of services with whom the department enters into a purchased

services agreement shall agree, in writing, to observe and post in a conspicuous place, the

children's bill of rights and each child shall receive a physical copy of said rights consistent with

the child's comprehension.

      (m)(l) Any child aggrieved by a violation of the children's bill of rights may petition the

family court for appropriate equitable relief. The family court shall have exclusive original

jurisdiction, notwithstanding any remedy contained in chapter 35 of this title. Each child has the

right to appeal the family court's decision in the supreme court.

      (n)(m) A child victim or witness shall be afforded the protections of § 12-28-9 under the

direction of the department of children, youth, and families, and the department shall advise the

court and the police and the prosecutor on the capacity of the child victim to understand and

participate in the investigation and in the court proceedings and of the potential effect of the

proceedings on the child.

      (o)(n) Every child placed in the care of the department of children, youth, and families

shall be entitled to a free appropriate education, in accordance with state and federal law.

Immediately upon the assumption of that care, the department shall provide for the enrollment of

each child in a school program. During the time that the child shall remain in that care, the

department and appropriate state and local education agencies shall coordinate their efforts in

order to provide for the timely initiation and continuation of educational services.

      (p)(o) No person shall be denied access to available treatment for an alcohol or drug

related condition, solely because of a present or past placement with the department.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH, AND FAMILIES

***

     This act would guarantee the constitutional, personal property, and civil rights of every

child placed or treated under the supervision of the department of children, youth, and families in

any public or private facility.

     This act would take effect upon passage.

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