2020 -- H 7639

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LC004707

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2020

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H O U S E   R E S O L U T I O N

CREATING AN EMERGENCY OVERSIGHT COMMISSION ON THE DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

     Introduced By: Representatives Hull, Lombardi, Bennett, and McLaughlin

     Date Introduced: February 14, 2020

     Referred To: House Judiciary

     WHEREAS, The children and adolescents in the care of DCYF are entitled to the

protection and care of the state; and

     WHEREAS, The children and adolescents in DCYF consistently experience an

elementary or secondary education that is markedly turbulent and intermittent; and

     WHEREAS, The children and adolescents in DCYF care are entitled to a safe and

permanent placement that is conducive to meeting their emotional, academic, and medical needs;

and

     WHEREAS, There is a contemporary concern regarding abuse and neglect in foster

homes, group homes, and treatment facilities; and

     WHEREAS, The indelible imprint of abuse and neglect upon any child or adolescent is

intolerable; and

     WHEREAS, The Children’s Bill of Rights (RIGL § 42-72-15), the United States

Constitution, and the Constitution of the State of Rhode Island and Providence Plantations must

be upheld, and children and adolescents in DCYF care must be apprised of their rights in order to

recognize abuse and/or neglect that may otherwise go undiscovered; and

     WHEREAS, The constitutional right to acquire an attorney is often necessary in

navigating legal labyrinths, and children and adolescents are no exception; and

     WHEREAS, DCYF social workers are overburdened with an inappropriately excessive

amount of cases; and

     WHEREAS, The Office of the Child Advocate has consistently found that children and

adolescents in DCYF care are subjected to a disproportionate amount of incidents involving

abuse and neglect; and

     WHEREAS, Nearly two decades ago, the Rhode Island House of Representatives

demanded an end to night-to-night placement, yet it is still being practiced; and

     WHEREAS, Legislative oversight and federal court action has failed to ameliorate the

troubled condition of DCYF; and

     WHEREAS, It is the steadfast opinion of this House that any form of abuse or neglect is

wholly intolerable, especially at the hands of those who receive taxpayer funds to provide care

and support for this distinct population of Rhode Islanders; and

     WHEREAS, Action must be taken to bring an end to abuse and neglect; now, therefore

be it

     RESOLVED, That this House of Representatives of the State of Rhode Island and

Providence Plantations hereby declares that abuse and neglect is unconstitutional and inhumane,

especially when inflicted upon children and adolescents already in DCYF care, thus a thorough

review of the policies and procedures of DCYF is necessary; and be it further

     RESOLVED, That a House emergency oversight commission on DCYF be created

consisting of nine (9) members: nine (9) of whom shall be members of the Rhode Island House of

Representatives, not more than five (5) from the same political party, to be appointed by the

Speaker of the House.

     The purpose of said commission shall be to investigate any unconstitutional or unethical

activities, policies, procedures, or placements that pose an imminent threat of harm and danger to

any child or adolescent currently or previously in DCYF care, including those youth in

placements that are administered under the auspices of the Interstate Compact on the Placement

of Children (ICPC).

     In lieu of any appointment of a member of the legislature to a permanent advisory

commission, a legislative study commission, or any commission created by a General Assembly

resolution, the appointing authority may appoint a member of the general public to serve in lieu

of a legislator, provided that the Majority Leader or the Minority Leader of the political party

which is entitled to the appointment, consents to the member of the general public.

     Forthwith upon passage of this resolution, the members of the commission shall meet at

the call of the Speaker of the House and organize and shall select a chairperson.

     Vacancies in said commission shall be filled in like manner as the original appointment.

     All departments and agencies of the state shall furnish such advice and information,

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documentary and otherwise, to said commission and its agents as is deemed necessary or

desirable by the commission to facilitate the purposes of this resolution.

     The Speaker of the House is hereby authorized and directed to provide suitable quarters

for said commission; and be it further

     RESOLVED, That the commission shall report its findings and recommendations to the

House of Representatives no later than January 7, 2021, and said commission shall expire on

March 7, 2021.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

H O U S E   R E S O L U T I O N

CREATING AN EMERGENCY OVERSIGHT COMMISSION ON THE DEPARTMENT OF

CHILDREN, YOUTH, AND FAMILIES

***

     This resolution would create a nine (9) member special legislative emergency oversight

commission on the Department of Children, Youth, and Families, and who would report back to

the House no later than January 7, 2021, and whose life would expire on March 7, 2021.

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