2023 -- H 5458

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LC001394

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2023

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A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

     

     Introduced By: Representatives Casimiro, Kislak, Noret, Lima, Serpa, Shallcross Smith,
Cotter, Diaz, Chippendale, and Roberts

     Date Introduced: February 08, 2023

     Referred To: House State Government & Elections

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-72-15 of the General Laws in Chapter 42-72 entitled "Department

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of Children, Youth and Families" is hereby amended to read as follows:

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     42-72-15. Children’s bill of rights.

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     (a) No child placed or treated under the supervision of the department in any public or

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private facility shall be deprived of any personal property or civil rights, except in accordance with

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due process.

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     (b) Each child placed or treated under the supervision of the department in any public or

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private facility shall receive humane and dignified treatment at all times, with full respect for the

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child’s personal dignity and right to privacy, consistent with the child’s treatment plan.

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     (c) Each child placed in a secure facility under the supervision of the department shall be

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permitted to communicate with any individual, group, or agency consistent with the child’s

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treatment objectives; shall be provided writing materials and postage; and shall be permitted to

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make or receive telephone calls to or from his or her attorneys, guardians ad litem, special

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advocates, or child advocate at any reasonable time.

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     (d) The department shall adopt rules and regulations pursuant to the Administrative

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Procedures Act, chapter 35 of this title, regarding children placed in secure facilities to specify the

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following:

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     (1) When a child may be placed in restraint or seclusion or when force may be used upon

 

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a child;

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     (2) When the head of a facility may limit the use or receipt of mail by any child and a

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procedure for return of unopened mail; and

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     (3) When the head of a facility may restrict the use of a telephone by any child.

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     (e) A copy of any order placing a child at a secure facility under the supervision of the

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department in restraint or seclusion shall be made a part of the child’s permanent clinical record.

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In addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in

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writing; signed by the head of the facility or the facility head’s designee; and made a part of the

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child’s permanent clinical record.

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     (f) Each child placed or treated in a secure facility under the supervision of the department

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shall be permitted to receive visitors subject to reasonable restriction consistent with the child’s

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treatment plan. The head of each facility shall establish visiting hours and inform all children and

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their families and other visitors of these hours. Any special restrictions shall be noted in writing;

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signed by the head of the facility or his or her designee; and made a part of the child’s permanent

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clinical record.

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     (g) Each child may receive his or her clergyman, attorney, guardian ad litem, special

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advocate, or child advocate at any reasonable time.

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     (h) No person shall be denied employment, housing, civil service rank, any license or

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permit, including a professional license, or any other civil or legal right, solely because of a present

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or past placement with the department except as otherwise provided by statute.

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     (i) Each child under the supervision of the department shall have the right to counsel and

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the right to receive visits from physicians and mental health professionals.

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     (j) Each child and youth, under the supervision of the department, including those in the

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voluntary extension of care program shall be provided a team of educational advocates to ensure

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the child’s educational planning, progress and success. The team shall include the following, who

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shall be required to attend meetings on a regular basis to ensure success of the child’s educational

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planning:

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     (1) The child’s DCYF caseworker and/or the supervisor;

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     (2) The principal of the child’s school, or designee;

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     (3) The child’s teacher;

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     (4) The child's guidance counselor;

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     (5) Legal counsel for the school district;

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     (6) The child’s clinician;

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     (7) An educational advocate for the child who shall be appointed by the department;

 

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     (8) The child’s guardian ad litem;

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     (9) The child’s parents;

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     (10) An attorney, if one is appointed for the child, from the office of the court appointed

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special advocate (CASA);

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     (11) The child if age sixteen (16) or over; and

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     (12) The child, if under the age of sixteen (16), when the team determines he or she should

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attend any meeting of the team.

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     (j)(k) Each child shall have a right to a hearing, pursuant to rules and regulations

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promulgated by the department, if the child is involuntarily transferred by the department to any

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facility outside of the state in accordance with the procedure set forth in § 42-72-14.

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     (k)(l) The children’s bill of rights shall be posted in a conspicuous place within any secure

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facility for the residential housing of children.

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     (l)(m)Every deliverer of services with whom the department enters into a purchased

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services agreement shall agree, in writing, to observe and post in a conspicuous place, the children’s

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bill of rights.

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     (m)(n) Any child aggrieved by a violation of the children’s bill of rights may petition the

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family court for appropriate equitable relief. The family court shall have exclusive original

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jurisdiction, notwithstanding any remedy contained in chapter 35 of this title.

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     (n)(o) A child victim or witness shall be afforded the protections of § 12-28-9 under the

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direction of the department of children, youth and families, and the department shall advise the

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court and the police and the prosecutor on the capacity of the child victim to understand and

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participate in the investigation and in the court proceedings and of the potential effect of the

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proceedings on the child.

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     (o)(p) Every child placed in the care of the department of children, youth and families shall

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be entitled to a free appropriate education, in accordance with state and federal law. Immediately

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upon the assumption of that care, the department shall provide for the enrollment of each child in

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a school program. During the time that the child shall remain in that care, the department and

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appropriate state and local education agencies shall coordinate their efforts in order to provide for

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the timely initiation and continuation of educational services.

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     (p)(q) No person shall be denied access to available treatment for an alcohol- or drug-

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related condition solely because of a present or past placement with the department.

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     (q)(r) No child shall be discriminated against on the basis of race, color, religion, ancestry,

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national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or

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mental, physical, developmental, or sensory disability, or by association with an individual or group

 

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who has, or is perceived to have one, or more of such characteristics.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

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     This act would require that each child under the supervision of the department of children,

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youth and families be provided a team of educational advocates which would be required to attend

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meetings on a regular basis to ensure the child’s educational planning, progress and success.

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     This act would take effect upon passage.

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