2018 -- S 2022 SUBSTITUTE A AS AMENDED

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LC003233/SUB A

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2018

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT--VOLUNTARY EXTENSION OF CARE ACT

     

     Introduced By: Senators DiPalma, Goldin, Miller, Goodwin, and Lynch Prata

     Date Introduced: January 11, 2018

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 14-1-3, 14-1-6 and 14-1-11.1 of the General Laws in Chapter 14-1

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entitled "Proceedings in Family Court" are hereby amended to read as follows:

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     14-1-3. Definitions.

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     The following words and phrases when used in this chapter shall, unless the context

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otherwise requires, be construed as follows:

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     (1) "Adult" means a person eighteen (18) years of age or older, except that "adult"

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includes any person seventeen (17) years of age or older who is charged with a delinquent offense

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involving murder, first-degree sexual assault, first-degree child molestation, or assault with intent

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to commit murder, and that person shall not be subject to the jurisdiction of the family court as set

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forth in §§ 14-1-5 and 14-1-6 if, after a hearing, the family court determines that probable cause

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exists to believe that the offense charged has been committed and that the person charged has

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committed the offense.

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     (2) "Appropriate person", as used in §§ 14-1-10 and 14-1-11, except in matters relating to

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adoptions and child marriages, means and includes:

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     (i) Any police official of this state, or of any city or town within this state;

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     (ii) Any duly qualified prosecuting officer of this state, or of any city or town within this

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state;

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     (iii) Any director of public welfare of any city or town within this state, or his or her duly

 

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authorized subordinate;

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     (iv) Any truant officer or other school official of any city or town within this state;

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     (v) Any duly authorized representative of any public or duly licensed private agency or

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institution established for purposes similar to those specified in § 8-10-2 or 14-1-2; or

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     (vi) Any maternal or paternal grandparent, who alleges that the surviving parent, in those

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cases in which one parent is deceased, is an unfit and improper person to have custody of any

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child or children.

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     (3) "Child" means a person under eighteen (18) years of age.

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     (4) "The court" means the family court of the state of Rhode Island.

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     (5) "Delinquent", when applied to a child, means and includes any child who has

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committed any offense that, if committed by an adult, would constitute a felony, or who has on

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more than one occasion violated any of the other laws of the state or of the United States or any

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of the ordinances of cities and towns, other than ordinances relating to the operation of motor

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vehicles.

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     (6) "Dependent" means any child who requires the protection and assistance of the court

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when his or her physical or mental health or welfare is harmed, or threatened with harm, due to

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the inability of the parent or guardian, through no fault of the parent or guardian, to provide the

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child with a minimum degree of care or proper supervision because of:

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     (i) The death or illness of a parent; or

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     (ii) The special medical, educational, or social-service needs of the child which the parent

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is unable to provide.

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     (7) "Justice" means a justice of the family court.

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     (8) "Neglect" means a child who requires the protection and assistance of the court when

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his or her physical or mental health or welfare is harmed, or threatened with harm, when the

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parents or guardian:

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     (i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though

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financially able to do so or offered financial or other reasonable means to do so;

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     (ii) Fails to provide the child proper education as required by law; or

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     (iii) Abandons and/or deserts the child.

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     (9) "Supervised independent living setting" means a supervised setting in which a young

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adult is living independently, that meets any safety and or licensing requirements established by

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the department for this population, and is paired with a supervising agency or a supervising

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worker, including, but not limited to, single or shared apartments or houses, host homes, relatives'

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or mentors' homes, college dormitories or other postsecondary educational or vocational housing.

 

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All or part of the financial assistance that secures an independent supervised setting for a young

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adult may be paid directly to the young adult if there is no provider or other child placing

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intermediary, or to a landlord, a college, or to a supervising agency, or to other third parties on

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behalf of the young adult in the discretion of the department.

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     (10) "Voluntary placement agreement for extension of care" means a written agreement

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between the state agency and a young adult who meets the eligibility conditions specified in § 14-

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1-6(c), acting as their own legal guardian, that is binding on the parties to the agreement. At a

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minimum, the agreement must recognize the voluntary nature of the agreement, the legal status of

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the young adult, and the rights and obligations of the young adult, as well as the services and

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supports the agency agrees to provide during the time that the young adult consents to giving the

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department legal responsibility for care and placement.

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     (11)(9) "Wayward", when applied to a child, means and includes any child:

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     (i) Who has deserted his or her home without good or sufficient cause;

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     (ii) Who habitually associates with dissolute, vicious, or immoral persons;

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     (iii) Who is leading an immoral or vicious life;

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     (iv) Who is habitually disobedient to the reasonable and lawful commands of his or her

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parent or parents, guardian, or other lawful custodian;

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     (v) Who, being required by chapter 19 of title 16 to attend school, willfully and habitually

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absents himself or herself from school or habitually violates the rules and regulations of the

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school when he or she attends;

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     (vi) Who has, on any occasion, violated any of the laws of the state or of the United

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States or any of the ordinances of cities and towns, other than ordinances relating to the operation

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of motor vehicles; or

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     (vii) Any child under seventeen (17) years of age who is in possession of one ounce (1

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oz.) or less of marijuana, as defined in § 21-28-1.02, and who is not exempted from the penalties

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pursuant to chapter 28.6 of title 21.

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     (12) "Young adult" means an individual who has attained the age of eighteen (18) years

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but has not reached the age of twenty-one (21) years and was in the legal custody of the

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department on their eighteenth birthday pursuant to an abuse, neglect or dependency petition; or

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was a former foster child who was adopted or placed in a guardianship after attaining age sixteen

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(16).

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      (10) (13) The singular shall be construed to include the plural, the plural the singular,

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and the masculine the feminine, when consistent with the intent of this chapter.

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     (11) (14) For the purposes of this chapter, "electronic surveillance and monitoring

 

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devices" means any "radio frequency identification device (RFID)" or "global positioning device"

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that is either tethered to a person or is intended to be kept with a person and is used for the

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purposes of tracking the whereabouts of that person within the community.

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     14-1-6. Retention of jurisdiction.

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     (a) When the court shall have obtained jurisdiction over any child prior to the child

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having attained the age of eighteen (18) years by the filing of a petition alleging that the child is

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wayward or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in

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this chapter, continue under the jurisdiction of the court until he or she becomes nineteen (19)

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

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

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eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the

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

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including any child under the jurisdiction of the family court on petitions filed and/or pending

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before the court prior to July 1, 2007, the child shall, except as specifically provided in this

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chapter, continue under the jurisdiction of the court until he or she becomes eighteen (18) years of

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age; provided, that at least six (6) months prior to a child turning eighteen (18) years of age, the

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

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transition services including the child's housing, health insurance, education and/or employment

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plan, available mentors and continuing support services, including workforce supports and

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

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those services were not offered. As part of the transition planning, the child shall be informed by

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the department of the opportunity to voluntarily agree to extended care and placement by the

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department and legal supervision by the court until age twenty-one (21). The details of a child's

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transition plan shall be developed in consultation with the child, wherever possible, and approved

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by the court prior to the dismissal of an abuse, neglect, dependency, or miscellaneous petition

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before the child's twenty-first birthday.

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     (c) A child, who is in foster care on their eighteenth birthday due to the filing of a

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miscellaneous petition or a petition alleging that the child is dependent, neglected, or abused

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pursuant to §§ 14-1-5, 40-11-7 or 42-72-14, may voluntarily elect to continue responsibility for

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care and placement from DCYF and to remain under the legal supervision of the court as a young

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adult until age twenty-one (21), provided:

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     (1) The young adult was in the legal custody of the department at age eighteen (18); or

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     (2) Was a former foster child who was adopted or placed in a guardianship with an

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adoption assistance agreement that was effective upon attaining age sixteen (16); and

 

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     (3) The young adult is participating in at least one of the following:

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     (i) Completing the requirements to receive a high school diploma or GED;

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     (ii) Completing a secondary education or a program leading to an equivalent credential;

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enrolled in an institution that provides post-secondary or vocational education;

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     (iii) Participating in a job training program or an activity designed to promote or remove

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barriers to employment;

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     (iv) Employed for at least eighty (80) hours per month; or

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     (v) Incapable of doing any of the foregoing due to a medical condition that is regularly

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updated and documented in the case plan;

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     (4) Upon the request of the young adult, the court's legal supervision and the department's

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responsibility for care and placement may be terminated; provided, however, the young adult may

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request reinstatement of responsibility and resumption of the court's legal supervision at any time

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prior to their twenty-first birthday if the young adult meets the requirements set forth in § 14-l-

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6(c)(3). If the department wishes to terminate the court's legal supervision and its responsibility

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for care and placement, it may file a motion for good cause. The court may exercise its discretion

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to terminate legal supervision over the young adult at any time.

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     (b) (d) The court may retain jurisdiction of any child who is seriously emotionally

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disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age

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twenty-one (21) when the court shall have obtained jurisdiction over any child prior to the child's

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eighteenth birthday by the filing of a miscellaneous petition or a petition alleging that the child is

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

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     (c) (e) The department of children, youth and families shall work collaboratively with the

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department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

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

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individuals who come under the court's jurisdiction pursuant to a petition alleging that the child is

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dependent, neglected, and/or abused and who are seriously emotionally disturbed or

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developmentally delayed pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan

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

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behavioral healthcare, developmental disabilities and hospitals. The plan shall include the

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behavioral healthcare, developmental disabilities and hospitals' community or residential service

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level, health insurance option, education plan, available mentors, continuing support services,

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workforce supports and employment services, and the plan shall be provided to the court at least

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twelve (12) months prior to discharge. At least three (3) months prior to discharge, the plan shall

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identify the specific placement for the child, if a residential placement is needed. The court shall

 

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monitor the transition plan. In the instance where the department of behavioral healthcare,

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developmental disabilities and hospitals has not made timely referrals to appropriate placements

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and services, the department of children, youth and families may initiate referrals.

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

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

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

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entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

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appropriate transition plan has been submitted to the court by the department of children, person

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and families and the department of behavioral healthcare, developmental disabilities and

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hospitals. The family court shall require that the department of behavioral healthcare,

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developmental disabilities, and hospitals shall immediately identify a liaison to work with the

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department of children, youth, and families until the child reaches the age of twenty-one (21) and

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an immediate transition plan be submitted if the following facts are found:

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

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

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healthcare, developmental disabilities and hospitals; or

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     (2) No suitable housing options, health insurance, educational plan, available mentors,

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continuing support services, workforce supports, and employment services have been identified

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for the child.

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     (e) Provided, further, that any youth who comes within the jurisdiction of the court by the

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filing of a wayward or delinquent petition based upon an offense that was committed prior to July

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1, 2007, including youth who are adjudicated and committed to the Rhode Island training school

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and who are placed in a temporary community placement as authorized by the family court, may

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continue under the jurisdiction of the court until he or she turns twenty one (21) years of age.

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     (f) (g) In any case where the court shall not have acquired jurisdiction over any person

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

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

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

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

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

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

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     (g) (h) In any case where the court shall not have acquired jurisdiction over any person

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

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

 

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

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the court that had jurisdiction over the offense if it had been committed by an adult. The court

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

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

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maximum penalty provided for the conviction of that offense.

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

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

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

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

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for the conviction of the offense.

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

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

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     14-1-11.1. Commitment of voluntary placements.

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     (a) The department of children, youth, and families shall petition the family court and

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request the care, custody, and control of any child who is voluntarily placed with the department

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for the purpose of foster care by a parent or other person previously having custody and who

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remains in foster care for a period of twelve (12) months. However, there shall be no requirement

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for the department to seek custody of any child with an emotional, behavioral or mental disorder

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or developmental or physical disability if the child is voluntarily placed with the department by a

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parent or guardian of the child for the purpose of accessing an out-of-home program for the child

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in a program which provides services for children with disabilities, including, but not limited to,

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residential treatment programs, residential counseling centers, and therapeutic foster care

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programs.

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     (b) In a hearing on a petition alleging that a child is dependent, competent and creditable

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evidence that the child has remained in foster care for a period of twelve (12) months shall

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constitute prima facie evidence sufficient to support the finding by the court that the child is

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"dependent" in accordance with § 14-1-3.

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     (c) In those cases where a young adult who meets the eligibility criteria in § 14-1-6(c)

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wishes to continue in foster care after the age of eighteen (18) years, the young adult and an

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authorized representative of DCYF shall, before the young adult reaches the age of eighteen (18)

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years, discuss the terms of a voluntary placement agreement for extension of care to be executed

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upon or after the young adult's eighteenth birthday.

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     (d) In those cases where a young adult who meets the eligibility criteria in § 14-1-6(c)

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exits foster care at or after the age of eighteen (18) years, but wishes to return to foster care before

 

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age twenty-one (21) years, DCYF shall file a petition for legal supervision of the young adult,

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with a voluntary placement agreement for extension of care, executed by the young adult and an

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authorized representative of DCYF attached.

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     SECTION 2. Section 40-11-14 of the General Laws in Chapter 40-11 entitled "Abused

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and Neglected Children" is hereby amended to read as follows:

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     40-11-14. Right to representation in court proceedings.

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     (a) Any child who is alleged to be abused or neglected as a subject of a petition filed in

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family court under this chapter, shall have a guardian ad litem appointed by the court to represent

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this child. In addition, any young adult, who is eligible for extended foster care pursuant to § 14-

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1-6(c) and who has executed a voluntary agreement for extension of care may request the

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appointment of a guardian ad litem or court-appointed counsel. An appointment shall be in the

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discretion of the court. The cost of counsel in those instances shall be paid by the state.

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     (b) A volunteer court-appointed special advocate may be assigned to assist the guardian

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ad litem, in the court-appointed special advocate's office (CASA):

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     (1) In order to assist the family court with the ability to ensure that these volunteers,

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whose activity involves routine contact with minors, are of good moral character, all persons

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seeking to volunteer for CASA shall be required to undergo a national criminal records check for

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the purpose of determining whether the prospective volunteer has been convicted of any crime.

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     (i) A national criminal records check shall include fingerprints submitted to the Federal

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Bureau of Investigation (FBI) by the department of children, youth and families (DCYF) for a

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national criminal records check. The national criminal records check shall be processed prior to

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the commencement of volunteer activity.

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     (ii) For the purposes of this section, "conviction" means, in addition to judgments of

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conviction entered by a court subsequent to a finding of guilty or a plea of guilty, those instances

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where the defendant has entered a plea of nolo contendere and has received a sentence of

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probation and that sentence has not expired and those instances where a defendant has entered

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into a deferred sentence agreement with the attorney general.

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     (iii) For the purposes of this section, "disqualifying information" means information

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produced by a national criminal records check pertaining to conviction for the offenses

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designated as "disqualifying information" pursuant to DCYF policy.

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     (iv) The department of children, youth and families (DCYF) shall inform the applicant, in

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writing, of the nature of the disqualifying information; and, without disclosing the nature of the

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disqualifying information, shall notify the family court, in writing, that disqualifying information

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has been discovered.

 

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     (v) In those situations in which no disqualifying information has been found, DCYF shall

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inform the applicant and the family court, in writing, of this fact.

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     (vi) The family court shall maintain on file evidence that national criminal records checks

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have completed on all volunteer court-appointed special advocates.

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     (vii) The criminal record check shall be conducted without charge to the prospective

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CASA volunteers. At the conclusion of the background check required pursuant to this section,

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DCYF shall promptly destroy the fingerprint record of the applicant obtained pursuant to this

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chapter.

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     (2) All persons seeking to volunteer for CASA must submit a satisfactory DCYF

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clearance and participate in a program of training offered by the CASA office.

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     (c) If the parent or other person responsible for the child's care is financially unable to

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engage counsel as determined by the court, the court may, at the request of that person, and in its

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discretion, appoint the public defender, or other counsel, to represent the person. The cost of other

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counsel in those instances shall be paid by the state. In every court proceeding under this chapter

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in which it is a party, the department shall be represented by its legal counsel.

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     SECTION 4. Chapter 40-11 of the General Laws entitled "Abused and Neglected

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Children" is hereby amended by adding thereto the following section:

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     40-11-12.5. Review of young adults under the court's legal supervision and receiving

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care and placement services from DCYF.

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     (a) In the case of a young adult, between the ages of eighteen (18) and twenty-one (21)

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years who has executed a voluntary placement agreement for continued care and placement

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responsibility from the department and for legal supervision of the court, the permanency plan

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shall document the reasonable efforts made by the department and the young adult to finalize a

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permanency plan that addresses the goal of preparing the young adult for independence and

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successful adulthood. This includes, but is not limited to: housing assistance to obtain supervised

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independent living arrangements, shared living arrangements or extended foster and kinship care;

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education, vocational assessment, job training and employment plan needed to transition the

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young adult to self-sufficiency; assisting the young adult in obtaining educational goals, a job,

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and employment/vocational skills; any other services and supports that will assist the young adult

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in accessing available services; applying for public benefits; acquiring important documents, such

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as ID card, driver's license, birth certificate, social security card, health insurance cards, and

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medical records; attending to physical and mental health needs; maintaining relationships with

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individuals who are important to them and acquiring information about siblings and other

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maternal and paternal relatives.

 

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     (b) Initial judicial determination - Within one hundred eighty (180) days of signing the

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voluntary placement agreement, the department must petition the court to make a determination

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whether remaining in foster care is in the young adult's best interests.

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     (c) The court shall conduct a permanency hearing within one year after the young adult

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and the department execute a voluntary placement agreement and annually thereafter. At the

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permanency hearing, the department shall present a written case plan to the court for approval

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that details the necessary services, care and placement the young adult shall receive to assist the

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transition to independence and successful adulthood. The court shall also review the efforts made

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to assist the youth in forming permanent connections with caring adults, or otherwise establish

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positive, supportive relationships. The young adult is expected to be present at each permanency

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hearing, except for good cause shown. The young adult shall be expected to guide the

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development of the permanency plan. The court shall determine the permanency plan for the

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young adult and whether continued care and placement responsibility from the department is in

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the best interests of the young adult. The best interests of the young adult shall be paramount.

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     (d) Notice of the court hearings shall be served by the department upon all parties in

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interest in accordance with the rules of child welfare procedure of the family court.

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     (e) Periodic formal reviews, shall be held not less than once every one hundred eighty

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(180) days to assess the progress and case plan of any young adult under the court's legal

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supervision and under the care and placement responsibility of DCYF pursuant to a voluntary

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agreement for extension of care.

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     The permanency plan shall be reviewed by the court at least once every twelve (12)

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months at a permanency hearing and by the department in an administrative review within one

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hundred eighty (180) days after the permanency hearing. The young adult is expected to

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participate in case planning and periodic reviews.

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     (f) At the administrative review and the permanency hearing the department and the court

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shall ascertain:

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     (1) Whether the young adult continues to be compliant with the conditions for eligibility

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for extended care and placement responsibility;

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     (2) Whether the department has made reasonable efforts to finalize a permanency plan

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that prepares the young adult for a successful transition to independence;

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     (3) Whether the young adult is safe in their placement and continued foster care is

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appropriate;

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     (4) Whether the young adult has been provided appropriate services or requires additional

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services and support to achieve the goals documented in the case plan for a successful transition

 

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under state or federal law; and

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     (5) Whether progress has been made to achieve independence on a projected date.

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     (g) The court may order the department or any other department of state government,

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consistent with the provisions of § 14-1-59, to take action to access transition services,

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particularly those necessary to secure affordable housing, to provide vocational testing,

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assessment and guidance, to acquire job training opportunities and apprenticeships and to apply

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for any applicable state or federal benefits to ensure that the young adult receives the support and

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care necessary to achieve independence and successful adulthood.

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     SECTION 4. Section 42-102-10 of the General Laws in Chapter 42-102 entitled

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"Governor's Workforce Board Rhode Island" is hereby amended to read as follows:

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     42-102-10. State Career-Pathways System.

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     The workforce board ("board") shall support and oversee statewide efforts to develop and

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expand career pathways that enable individuals to secure employment within a specific industry

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or occupational sector and to advance over time to successively higher levels of education and

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employment in that sector. Towards this purpose, the board shall convene an advisory committee

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comprised of representatives from business, labor, adult education, secondary education, higher

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education, the department of corrections, the executive office of health and human services, the

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department of children, youth and families, the department of behavioral healthcare,

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developmental disabilities and hospitals, the office of library and information services,

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community-based organizations, consumers, and the public-workforce system. Included in the

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state career-pathways system, shall be the creation of pathways and workforce training programs

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to fill skill gaps and employment opportunities in the clean-energy sector.

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     SECTION 5. Chapter 42-102 of the General Laws entitled "Governor's Workforce Board

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Rhode Island" is hereby amended by adding thereto the following section:

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     42-102-10.1. Career opportunities for young adults.

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     (a) The department of labor and training, governor's workforce board, and the department

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of children, youth and families shall work collaboratively to ensure that each young adult, as

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defined in § 14-1-3, shall, upon request by the young adult, receive a vocational assessment and

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shall have access to all appropriate job training programs and eligible services.

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     (b) For those young adults who desire to participate in job training programs as part of

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their permanency plan to achieve independence and self-sufficiency, the department of labor and

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training, governor's workforce board, and department of children, youth and families shall work

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collaboratively to devise an individual employment plan suitable to the talents and abilities of the

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young adult, determine which additional specialized workforce and supportive services may be

 

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necessary to accomplish the goals of the plan and provide the additional services as needed.

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     (c) The governor's workforce board, in conjunction with the department of labor and

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training, shall develop and expand career pathways, job training programs, and employment

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services for young adults as defined in § 14-1-3.

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     (d) The department of labor and training, governor's workforce board, and department of

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children, youth and families shall track movement of these young adults into the workforce, and

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will publish an annual report on outcomes to the governor, the general assembly and the family

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court.

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     (e) Programs and resources shall be contingent upon available funding.

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     SECTION 6. This act shall take effect upon passage, and shall apply retroactively to

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January 1, 2018.

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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--VOLUNTARY EXTENSION OF CARE ACT

***

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     This act would provide that a child, who is in foster care on their eighteenth birthday due

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to the filing of a miscellaneous petition or a petition alleging that the child is dependent,

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neglected, or abused, may voluntarily elect to continue responsibility for care and placement from

4

DCYF and to remain under the legal supervision of the court as a young adult until age twenty-

5

one (21), provided certain circumstances are met.

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     This act would take effect upon passage, and would apply retroactively to January 1,

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2018.

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