2020 -- H 7204 | |
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LC002978 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2020 | |
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A N A C T | |
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN | |
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Introduced By: Representatives Williams, Alzate, McEntee, Vella-Wilkinson, and | |
Date Introduced: January 22, 2020 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 40-11-7, 40-11-7.1 and 40-11-12 of the General Laws in Chapter |
2 | 40-11 entitled "Abused and Neglected Children" are hereby amended to read as follows: |
3 | 40-11-7. Investigation of reports -- Petition for removal from custody -- Report to |
4 | child advocate -- Attorney general -- Court-appointed special advocate. |
5 | (a) The department shall investigate reports of child abuse and neglect made under this |
6 | chapter in accordance with the rules the department has promulgated and in order to determine |
7 | the circumstances surrounding the alleged abuse or neglect and the cause thereof. The |
8 | investigation shall include personal contact with the child named in the report and any other |
9 | children in the same household. Any person required to investigate reports of child abuse and/or |
10 | neglect may question the subjects of those reports with or without the consent of the parent or |
11 | other person responsible for the child's welfare. The interviewing of the child or children, if they |
12 | are of the mental capacity to be interviewed, shall take place in the absence of the person or |
13 | persons responsible for the alleged neglect or abuse. In the event that any person required to |
14 | investigate child abuse and/or neglect is denied reasonable access to a child by the parents or |
15 | other person, and that person required to investigate deems that the best interests of the child so |
16 | require, they may request the intervention of a local law enforcement agency, or seek an |
17 | appropriate court order to examine and interview the child. The department shall provide such |
18 | social services and other services as are necessary to protect the child and preserve the family. As |
19 | part of its investigation, the department shall determine the existence of and the fitness of |
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1 | immediate family members or next of kin of the child for placement of the child prior to |
2 | placement of the child into any foster care arrangement. The department shall devote at least two |
3 | (2) weeks to the task of identifying immediate family members or next of kin. |
4 | (b) In the event that after investigation it is determined by the department that the child is |
5 | being or has been abused or neglected but that the circumstances of the child's family or |
6 | otherwise do not require the removal of the child for his or her protection, the department may |
7 | allow the child to remain at home and provide the family and child with access to preventative |
8 | support and services. In addition, the department is authorized to petition the family court for an |
9 | order for the provision of treatment of the family and child. |
10 | (c) The department shall have the duty to petition the family court for removal of the |
11 | child from the care and custody of the parents, or any other person having custody or care of the |
12 | child if there is a determination that a child has been abused or neglected; which results in a child |
13 | death, serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act |
14 | which represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or |
15 | neglect, the department may petition the family court for the removal of the alleged perpetrator of |
16 | that abuse, and/or neglect from the household of the child or children when the child or children |
17 | are eleven (11) years of age or older. It shall be the responsibility of the department to make the |
18 | parent or other person responsible for the child's welfare aware of the court action, the possible |
19 | consequences of the court action, and to explain the rights of the parent relative to the court |
20 | action. |
21 | (d) The department shall forward immediately any reports of institutional child abuse and |
22 | neglect to the child advocate who shall investigate the report in accordance with chapter 73 of |
23 | title 42, and also to any guardian ad litem and/or attorney of record for the child. |
24 | (e) In the event that after investigation the department takes any action regarding |
25 | placement of the child, the department shall immediately notify the child advocate of such action. |
26 | (f) In the event that after investigation the department has reasonable cause to know or |
27 | suspect that a child has been subjected to criminal abuse or neglect, the department shall forward |
28 | immediately any information as it relates to that knowledge or suspicion to the law enforcement |
29 | agency. |
30 | 40-11-7.1. Family court proceedings. |
31 | (a) The family court shall, upon the filing of an ex parte petition, hereunder, immediately |
32 | take any action it deems necessary or appropriate for the protection of the child, or children, |
33 | suspected of being abused or neglected, including the removal of the child, or children, from the |
34 | custody of the parent or parents, or other person suspected of the abuse or neglect. |
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1 | (b) A hearing on the petition shall be held within seven (7) days from the filing thereof, |
2 | for the court to: |
3 | (1) Advise the parent or parents or other person having care of the child of the allegations |
4 | contained in the petition; |
5 | (2) Enter either a denial or admission of the allegations contained in the petition; |
6 | (3) Assure that a guardian ad litem and/or a court appointed special advocate has been |
7 | appointed to represent the child; |
8 | (4) Appoint an attorney to represent the parent or parents or any other person having care |
9 | of the child alleged to have abused or neglected a child when the parent or custodian is unable to |
10 | afford representation, as determined by the court; |
11 | (5) Advise the parent or parents or any other person having care of the child of his or her |
12 | right to a probable cause hearing on the ex parte petition to be held as soon as practicable but no |
13 | later than ten (10) days from the date of the request; |
14 | (6) Make inquiry of the mother of the child to determine the identity of the biological |
15 | father of the child, if necessary; |
16 | (7) In the event that a person named as a putative father appears and denies that he is the |
17 | biological father of the child, the court shall direct that any such putative father execute a written |
18 | denial of paternity setting forth the implications of such denial in a form to be adopted by the |
19 | family court in accordance with the provisions of this section. Execution of such a document by |
20 | the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution |
21 | of the denial of paternity form, the court shall find that the department has no duty to make |
22 | reasonable efforts to strengthen and encourage the relationship between the child and that |
23 | putative father and the lack of such efforts may not be cited for any purpose by the putative father |
24 | in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of |
25 | title 15 chapter 7 or title 15 chapter 8; |
26 | (8) Make any interim orders in its discretion respecting the rights of the child; including, |
27 | but not limited to, placement of the child in the care of immediate family members or next of kin |
28 | of the child pursuant to the findings of the department required by § 40-11-7. |
29 | (c) The family court, upon identification of an alleged biological father by the mother of |
30 | the child, shall order service of the petition and notice of hearing date to be made upon him in |
31 | accordance with the Rules of Juvenile Proceedings. |
32 | (1) If an alleged putative father appears at the hearing or appears at any subsequent |
33 | hearing and denies paternity, the court shall direct that any such putative father execute a written |
34 | denial of paternity setting forth the implications of such denial in a form to be adopted by the |
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1 | family court in accordance with the provisions of this section. Execution of such a document by |
2 | the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution |
3 | of the denial of paternity form, the court shall make a finding that the department has no duty to |
4 | make reasonable efforts to strengthen and encourage the relationship between the child and that |
5 | putative father and the lack of such efforts may not be cited for any purpose by the putative father |
6 | in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of |
7 | title 15 chapter 7 or the provisions of title 15 chapter 8. |
8 | (2) If an alleged putative father appears and neither admits nor denies paternity, the |
9 | department of children, youth, and families shall, within five (5) days, refer the putative father to |
10 | the department of human services for a determination of paternity in accordance with title 15 |
11 | chapter 8. |
12 | (3) If a putative father, having been duly served with notice, fails to appear, the court |
13 | shall find that the department has no duty to make reasonable efforts to strengthen and encourage |
14 | the relationship between the child and the putative father and the lack of such efforts may not be |
15 | cited for any purpose in any future proceedings conducted pursuant to the provisions of this |
16 | chapter, the provisions of title 15 chapter 7 or the provisions of title 15 chapter 8. |
17 | (d) Execution of a written denial of paternity pursuant to this chapter shall have no legal |
18 | effect on paternity or child support proceedings commenced under title 15 chapter 8. |
19 | (e) At the probable cause hearing credible hearsay evidence may, in the discretion of the |
20 | court, be admissible. The petition may submit a signed physician's report which, while not |
21 | conclusive, shall constitute prima facie evidence to support continued detention of the child |
22 | pursuant to the ex parte order pending a trial on the merits. |
23 | 40-11-12. Award of custody. |
24 | (a) If the court shall find that a child is abused or neglected within the meaning of this |
25 | chapter, the court shall by decree duly enter process as follows. |
26 | (b)(1) Place the child under the supervision of the department in his or her own home if |
27 | the court makes a determination that the child will be safely maintained in the home or award the |
28 | care, custody, and control of the child to the department upon such terms as the court shall |
29 | determine. The court may place the custody of the child in the department until such time as it |
30 | finds that the child may be returned to the parents or other person previously having custody or |
31 | care of the child under circumstances consistent with the child's safety; including, but not limited |
32 | to, placement of the child in the care of immediate family members or next of kin of the child |
33 | pursuant to the findings of the department required by § 40-11-7. |
34 | (2) In the event that placement of the child in the care of immediate family members or |
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1 | next of kin of the child is deemed inappropriate, placement with families of the child's ethnic, |
2 | cultural or racial heritage shall receive preference. |
3 | (c) The court may require the parent or person previously having custody to undertake a |
4 | program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the |
5 | return of the child to his or her custody. |
6 | (d) When a child has been placed in the care, custody and control of the department |
7 | pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power |
8 | to appoint a guardian of the person of the child. |
9 | (e) No petition for guardianship shall be granted unless it contains the written consent of |
10 | the parent or parents previously having custody of the child and of the department of children, |
11 | youth, and families. |
12 | (f) The entry of a decree of guardianship pursuant to this section shall terminate the |
13 | award of custody to the department and the involvement of the department with the child and the |
14 | child's parents. The court may revoke a guardianship awarded pursuant to this section if the court |
15 | finds, after a hearing on a motion for revocation, that continuation of said guardianship is not in |
16 | the best interests of the child. |
17 | (g) Notice of any hearing on such motion shall be provided by the moving party to the |
18 | department of children, youth, and families, the court appointed special advocate, the parent or |
19 | guardian and any and all other interested parties. |
20 | SECTION 2. Section 14-1-27 of the General Laws in Chapter 14-1 entitled "Proceedings |
21 | in Family Court" is hereby amended to read as follows: |
22 | 14-1-27. Temporary detention in public or private institutions. |
23 | (a) Subject to § 14-1-11, provision may be made by the family court for the temporary |
24 | detention of children at the training school for youth or in the custody of the director of the |
25 | department of children, youth and families. The court may authorize the temporary placement of |
26 | children in private homes licensed and approved by the department of children, youth and |
27 | families and subject to the supervision of the court, or may arrange with any incorporated |
28 | institution or agency licensed for child care, to receive for temporary care children ordered |
29 | detained by the court. Unless good cause is shown to delay the commencement of the |
30 | adjudicatory hearing, if a child is in detention, the family court shall commence the adjudicatory |
31 | hearing within thirty (30) calendar days from whichever of the following events occurs latest: the |
32 | date the petition is served on the child; or the date the child is placed in detention. In all such |
33 | cases, the family court shall conclude the adjudicatory hearing within fifteen (15) calendar days |
34 | of the commencement of the hearing unless good cause is shown to extend an adjudicatory |
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1 | hearing beyond fifteen (15) calendar days. |
2 | (b) In any case wherein the attorney general files an application to waive and/or certify a |
3 | youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) |
4 | days. In such cases, the department shall present to the family court a waiver report within forty- |
5 | five (45) calendar days. At the expiration of ninety (90) days, the attorney general's petition for |
6 | waiver and/or certification shall be decided by the family court, unless good cause is shown to |
7 | extend the time upon which the family court may render such a decision. |
8 | (c) When DCYF makes application to the court to take a child into temporary custody |
9 | due to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate |
10 | the possibility of placing the child or children with a fit and willing relative not residing with the |
11 | parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or |
12 | children with the relative within thirty (30) days of the child's placement in the temporary custody |
13 | of DCYF. If the department determines that the relative is a fit and proper person to have |
14 | placement of the child, the child shall be placed with that relative, unless the particular needs of |
15 | the child make the placement contrary to the child's best interests. All placements with relatives |
16 | shall be subject to criminal records checks in accordance with § 14-1-34, foster care regulations |
17 | promulgated by DCYF, and interstate compact approval, if necessary. |
18 | (d) If DCYF proposes to place the child with a relative outside the state of Rhode Island, |
19 | DCYF shall notify the parent who shall have an opportunity to file an objection to the placement |
20 | with the family court within ten (10) days of receipt of the notice. A hearing shall be held before |
21 | the child is placed outside the state of Rhode Island. |
22 | (e) If the request of a relative for placement of a child or children is denied by DCYF, |
23 | that relative shall have the right to petition the court for review. The court shall within five (5) |
24 | days of the request conduct a hearing as to the suitability of temporary placement with the relative |
25 | and shall make any orders incident to placement that it deems meet and just. |
26 | (f)(1) Whenever the court determines that permanent placement or adoption is in the best |
27 | interest of a child, a fit and willing relative who has been awarded placement of the child shall be |
28 | given priority over a non-relative, provided that the placement or adoption is in the best interest |
29 | of the child. |
30 | (2) Whenever the court determines that the best interest of the child requires that |
31 | permanent placement be awarded to a non-relative, placement with families of the child's ethnic, |
32 | cultural or racial heritage shall receive preference. |
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1 | SECTION 3. This act shall take effect upon passage. |
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EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN | |
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1 | This act would require the department of children, youth and families (DCYF) and the |
2 | family court to initially consider the placement of a child under their care with the child's |
3 | immediate family members or next of kin before placement in foster care. In the event that |
4 | immediate family care is not appropriate, placement with a family of the child's ethnic, culture or |
5 | racial heritage shall receive preference. |
6 | This act would take effect upon passage. |
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