2023 -- S 0344

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LC001084

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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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     

     Introduced By: Senators Valverde, Euer, Pearson, McKenney, Britto, Mack, Acosta,
Murray, Lauria, and DiMario

     Date Introduced: February 16, 2023

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 14-1-27 and 14-1-36 of the General Laws in Chapter 14-1 entitled

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

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     14-1-27. Temporary detention in public or private institutions.

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     (a) Subject to § 14-1-11, provision may be made by the family court for the temporary

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detention of children at the training school for youth or in the custody of the director of the

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department of children, youth and families. Provided, the family court shall not detain any juvenile

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under the age of fourteen (14) years at the training school for any offense unless the child is charged

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with murder, first degree sexual assault, or an attempt to commit such offenses. The court may

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authorize the temporary placement of children in private homes licensed and approved by the

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department of children, youth and families and subject to the supervision of the court, or may

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arrange with any incorporated institution or agency licensed for child care, to receive for temporary

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care children ordered detained by the court. Unless good cause is shown to delay the

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commencement of the adjudicatory hearing, if a child is in detention, the family court shall

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commence the adjudicatory hearing within thirty (30) calendar days from whichever of the

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following events occurs latest: the date the petition is served on the child; or the date the child is

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placed in detention. In all such cases, the family court shall conclude the adjudicatory hearing

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within fifteen (15) calendar days of the commencement of the hearing unless good cause is shown

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to extend an adjudicatory hearing beyond fifteen (15) calendar days.

 

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     (b) In any case wherein the attorney general files an application to waive and/or certify a

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youth, the juvenile may be detained at the training school for a period not to exceed ninety (90)

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days. In such cases, the department shall present to the family court a waiver report within forty-

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five (45) calendar days. At the expiration of ninety (90) days, the attorney general’s petition for

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waiver and/or certification shall be decided by the family court, unless good cause is shown to

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extend the time upon which the family court may render such a decision.

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     (c) When DCYF makes application to the court to take a child into temporary custody due

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to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the

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possibility of placing the child or children with a fit and willing relative not residing with the

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parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or

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children with the relative within thirty (30) days of the child’s placement in the temporary custody

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of DCYF. If the department determines that the relative is a fit and proper person to have placement

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of the child, the child shall be placed with that relative, unless the particular needs of the child make

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the placement contrary to the child’s best interests. All placements with relatives shall be subject

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to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by

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DCYF, and interstate compact approval, if necessary.

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     (d) If DCYF proposes to place the child with a relative outside the state of Rhode Island,

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DCYF shall notify the parent who shall have an opportunity to file an objection to the placement

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with the family court within ten (10) days of receipt of the notice. A hearing shall be held before

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the child is placed outside the state of Rhode Island.

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     (e) If the request of a relative for placement of a child or children is denied by DCYF, that

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relative shall have the right to petition the court for review. The court shall within five (5) days of

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the request conduct a hearing as to the suitability of temporary placement with the relative and shall

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make any orders incident to placement that it deems meet and just.

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     (f) Whenever the court determines that permanent placement or adoption is in the best

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interest of a child, a fit and willing relative who has been awarded placement of the child shall be

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given priority over a non-relative, provided that the placement or adoption is in the best interest of

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the child.

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     14-1-36. Commitment of delinquent and wayward children.

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     (a) In all proceedings under this chapter, the court may order a delinquent or wayward child

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to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth

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birthday. Provided, the family court shall not commit any juvenile under the age of fourteen (14)

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years to the training school for any offense other than murder, first degree sexual assault, or an

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attempt to commit such offenses. Should a juvenile under the age of fourteen (14) years be

 

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sentenced for such an offense, the family court shall not commit the juvenile to the training school

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unless the court determines, in the court’s judgment, that there are no other reasonable placement

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locations and/or conditions that will ensure the safety of the juvenile or any other person or persons.

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However, nothing contained in this section shall be construed to prohibit the placing of any child

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in the custody of the department of children, youth and families or any other agency, society, or

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institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be by

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an order and all assignments of the custody of dependent, neglected, delinquent, or wayward

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children to the state training school for youth or to the custody of the department of children, youth

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and families or to any of the private institutions, agencies, or societies mentioned in this chapter

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shall be by a decree signed by the justice of the court by whom the order or decree is issued, and

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that order or decree shall be directed to any person that the court may designate, and shall require

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that person to take the child and deliver him or her to the officer in charge of the training school

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for youth or to the custody of the director of children, youth and families or of the public or private

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institution, agency, or society, and the order or decree shall constitute the person charged with it,

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while he or she has the order in his or her possession for service, an officer for all purposes under

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this chapter, in any county of the state in which it may be necessary for him or her to go. The person

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charged with carrying out the order or decree shall also deliver to the officer of the public or private

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institution, agency, or society or to the training school for youth or the director of children, youth

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and families a copy of the order or the decree signed by the justice of the court issuing it, and

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subject to the provisions of this chapter, the officer and other authorities in charge of the training

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school for youth or the director of children, youth and families or any public or private institution,

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agency, or society shall hold the child according to the terms of any other order or decree that may

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from time to time thereafter be issued by the court in relation to the child.

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     (b) Whenever the court shall commit a child to the training school for youth or to the

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director of children, youth and families or any other institution or agency, it shall transmit with the

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order of commitment a summary of its information concerning the child.

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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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would prohibit the family court from detaining any juvenile or committing any

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juvenile, under the age of fourteen (14) years, to the training school, for any offense other than

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murder, first degree sexual assault or an attempt to commit such offenses, and the court determines

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that there is no other reasonable placement location to ensure the safety of the juvenile or any other

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person.

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     This act would take effect upon passage.

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