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:

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

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

     14-1-3. Definitions.

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

otherwise requires, be construed as follows:

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

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

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

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

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

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

committed the offense.

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

adoptions and child marriages, means and includes:

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

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

state;

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

authorized subordinate;

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

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

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

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

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

child or children.

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

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

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

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

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

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

vehicles.

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

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

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

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

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

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

is unable to provide.

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

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

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

parents or guardian:

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

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

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

     (iii) Abandons and/or deserts the child.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

department legal responsibility for care and placement.

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

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

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

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

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

parent or parents, guardian, or other lawful custodian;

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

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

school when he or she attends;

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

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

of motor vehicles; or

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

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

pursuant to chapter 28.6 of title 21.

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

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

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

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

(16).

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

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

     (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"

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

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

     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 § 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).

      (b) 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 §§ 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 at least six (6) months 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 including the child's housing, health insurance, education and/or employment

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

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

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

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

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

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

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

before the child's twenty-first birthday.

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

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

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

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

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

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

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

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:

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

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

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

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

barriers to employment;

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

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

updated and documented in the case plan;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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 a petition alleging that the child is

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

developmentally delayed pursuant to § 42-72-5(b)(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 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 the plan shall be provided to the court at least

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

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,

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

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

     (d) (f) 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(b)(24)(v), and who is

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

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

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

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

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

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

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

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

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

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

healthcare, developmental disabilities and hospitals; or

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

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

for the child.

     (e) 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 that 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) years of age.

     (f) (g) 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 that

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).

     (g) (h) 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

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

the court that 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.

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

with the provisions of §§ 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.

     (i) (j) 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.

     14-1-11.1. Commitment of voluntary placements.

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

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

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

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

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

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

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

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

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

programs.

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

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

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

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

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

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

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

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

upon or after the young adult's eighteenth birthday.

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

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,

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

authorized representative of DCYF attached.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

the commencement of volunteer activity.

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

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

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

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

into a deferred sentence agreement with the attorney general.

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

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

designated as "disqualifying information" pursuant to DCYF policy.

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

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

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

has been discovered.

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

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

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

have completed on all volunteer court-appointed special advocates.

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

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

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

chapter.

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

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

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

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

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

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

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

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

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

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

care and placement services from DCYF.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

maternal and paternal relatives.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

agreement for extension of care.

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

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

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

participate in case planning and periodic reviews.

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

shall ascertain:

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

for extended care and placement responsibility;

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

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

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

appropriate;

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

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

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

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

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

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

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

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

care necessary to achieve independence and successful adulthood.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

court.

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

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

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

***

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

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

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

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

one (21), provided certain circumstances are met.

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

2018.

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