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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN

FAMILY COURT

     

     Introduced By: Representatives Shekarchi, Serpa, McNamara, Ajello, and Tanzi

     Date Introduced: February 26, 2015

     Referred To: House 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. -- (a) Subject to § 14-

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1-11, provision may be made by the family court for the temporary detention of children at the

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training school for youth or in the custody of the director of the department of children, youth and

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families. Provided, the family court shall not detain any juvenile twelve (12) years of age or

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younger at the training school for any offense unless that offense, if charged as an adult, would

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constitute a felony capital offense for which bail would not be granted, or for any sexual offense

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which would constitute a felony if charged as an adult. Should a juvenile twelve (12) years of age

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or younger be charged with an offense for which if charged as an adult would constitute a capital

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offense, or for any sexual offense which would constitute a felony if charged as an adult, the

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family court shall not order the detention of the juvenile at the training school unless the court

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determines, in the court's judgment, that there are no other reasonable placement locations and/or

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conditions that will ensure the safety of the juvenile or any other person or persons. The court

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

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the 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

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temporary 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

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

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the 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

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

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the child make the placement contrary to the child's best interests. All placements with relatives

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shall be subject to criminal records checks in accordance with § 14-1-34, foster care regulations

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promulgated by 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,

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

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

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and shall 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

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of the child.

 

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     14-1-36. Commitment of delinquent and wayward children. -- (a) In all proceedings

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under this chapter, the court may order a delinquent or wayward child to be committed to the

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training school for youth for a sentence no longer than the youth's nineteenth birthday. Provided,

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the family court shall not commit any juvenile twelve (12) years of age or younger to the training

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school for any offense unless that offense, if charged as an adult, would constitute a felony capital

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offense, or any sexual offense for which if charged as an adult would be a felony. Should a

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juvenile twelve (12) years of age or younger be sentenced under an offense for which if sentenced

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as an adult would constitute a capital offense, or for any sexual offense for which if charged as an

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adult would be a felony, 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

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persons. However, nothing contained in this section shall be construed to prohibit the placing of

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

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

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shall be by an order and all assignments of the custody of dependent, neglected, delinquent, or

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

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children, youth and families or to any of the private institutions, agencies, or societies mentioned

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in this chapter shall be by a decree signed by the justice of the court by whom the order or decree

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

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and shall require that person to take the child and deliver him or her to the officer in charge of the

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training school for youth or to the custody of the director of children, youth and families or of the

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public or private institution, agency, or society, and the order or decree shall constitute the person

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charged with it, while he or she has the order in his or her possession for service, an officer for all

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purposes under this chapter, in any county of the state in which it may be necessary for him or her

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to go. The person charged with carrying out the order or decree shall also deliver to the officer of

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the public or private institution, agency, or society or to the training school for youth or the

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director of children, youth and families a copy of the order or the decree signed by the justice of

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the court issuing it, and subject to the provisions of this chapter, the officer and other authorities

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in charge of the training school for youth or the director of children, youth and families or any

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public or private institution, agency, or society shall hold the child according to the terms of any

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other order or decree that may from time to time thereafter be issued by the court in relation to the

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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

 

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the 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 limit the temporary detention at, or commitment to, the training school of

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a juvenile twelve (12) years of age or younger based upon the nature of the offense which that

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juvenile has been charged with or found delinquent of committing, such as a felony capital

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offense or any sexual offense amounting to a felony.

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     This act would take effect upon passage.

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