2015 -- S 0583 SUBSTITUTE A

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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: Senators McCaffrey, and Lynch

     Date Introduced: March 03, 2015

     Referred To: Senate 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. Provided, the family court shall not detain a juvenile at the

training school for the violation of a valid court order, until a hearing is conducted and it is

determined that the child intentionally violated the order, and the violation involves the failure of

the child to engage in services or activities intended to protect or promote the child's health or

safety, or the health or safety of any other person or persons.

     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. 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 family court from detaining a juvenile at the training school

for the violation of a valid court order, until a hearing is conducted and it is determined that the

child intentionally violated the order, and the violation involves the failure of the child to engage

in services or activities intended to protect or promote the child's health or safety, or the health or

safety of any other person or persons.

     This act would take effect upon passage.

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