2022 -- H 7707

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LC003996

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2022

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A N   A C T

RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN

     

     Introduced By: Representatives Williams, Vella-Wilkinson, Giraldo, Morales, and Felix

     Date Introduced: March 02, 2022

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Sections 40-11-7, 40-11-7.1 and 40-11-12 of the General Laws in Chapter

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40-11 entitled "Abused and Neglected Children" are hereby amended to read as follows:

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     40-11-7. Investigation of reports -- Petition for removal from custody -- Report to

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child advocate -- Attorney general -- Court-appointed special advocate -- Children's advocacy

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center.

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     (a) The department shall investigate reports of child abuse and neglect made under this

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chapter in accordance with the rules the department has promulgated and in order to determine the

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circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation

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shall include personal contact with the child named in the report and any other children in the same

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household. Any person required to investigate reports of child abuse and/or neglect may question

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the subjects of those reports with or without the consent of the parent or other person responsible

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for the child's welfare. The interviewing of the child or children, if they are of the mental capacity

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to be interviewed, shall take place in the absence of the person or persons responsible for the alleged

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neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is

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denied reasonable access to a child by the parents or other person, and that person required to

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investigate deems that the best interests of the child so require, they may request the intervention

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of a local law enforcement agency, or seek an appropriate court order to examine and interview the

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child. The department shall provide such social services and other services as are necessary to

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protect the child and preserve the family. As part of its investigation, the department shall determine

 

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the existence of and the fitness of immediate family members or next of kin of the child for

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placement of the child prior to placement of the child into any foster care arrangement. The

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department shall devote at least two (2) weeks to the task of identifying immediate family members

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or next of kin.

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     (b) In the event that after investigation it is determined by the department that the child is

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being or has been abused or neglected but that the circumstances of the child's family or otherwise

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do not require the removal of the child for his or her protection, the department may allow the child

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to remain at home and provide the family and child with access to preventative support and services.

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In addition, the department is authorized to petition the family court for an order for the provision

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of treatment of the family and child. Provided, further, the department shall notify the children's

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advocacy center of all suspected cases of child sexual abuse.

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     (c) The department shall have the duty to petition the family court for removal of the child

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from the care and custody of the parents, or any other person having custody or care of the child,

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if there is a determination that a child has been abused or neglected; which results in a child death,

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serious physical or emotional harm, sexual abuse or exploitation, or an act or failure to act that

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represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect,

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the department may petition the family court for the removal of the alleged perpetrator of that abuse

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and/or neglect from the household of the child or children when the child or children are eleven

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(11) years of age or older. It shall be the responsibility of the department to make the parent or

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other person responsible for the child's welfare aware of the court action, the possible consequences

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of the court action, and to explain the rights of the parent relative to the court action.

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     (d) The department shall forward immediately any reports of institutional child abuse and

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neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title

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42, and also to any guardian ad litem and/or attorney of record for the child.

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     (e) In the event that after investigation the department takes any action regarding placement

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of the child, the department shall immediately notify the child advocate of such action.

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     (f) In the event that after investigation the department has reasonable cause to know or

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suspect that a child has been subjected to criminal abuse or neglect, the department shall forward

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immediately any information as it relates to that knowledge or suspicion to the law enforcement

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agency.

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     40-11-7.1. Family court proceedings.

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     (a) The family court shall, upon the filing of an ex parte petition, hereunder, immediately

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take any action it deems necessary or appropriate for the protection of the child, or children,

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suspected of being abused or neglected, including the removal of the child, or children, from the

 

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custody of the parent, or parents, or other person suspected of the abuse or neglect.

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     (b) A hearing on the petition shall be held within seven (7) days from the filing thereof, for

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the court to:

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     (1) Advise the parent, or parents, or other person having care of the child, of the allegations

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contained in the petition;

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     (2) Enter either a denial or admission of the allegations contained in the petition;

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     (3) Ensure that a guardian ad litem and/or a court-appointed special advocate has been

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appointed to represent the child;

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     (4) Appoint an attorney to represent the parent, or parents, or any other person having care

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of the child, alleged to have abused or neglected a child when the parent or custodian is unable to

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afford representation, as determined by the court;

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     (5) Advise the parent, or parents, or any other person having care of the child, of his or her

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right to a probable cause hearing on the ex parte petition to be held as soon as practicable but no

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later than ten (10) days from the date of the request;

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     (6) Make inquiry of the mother of the child to determine the identity of the biological father

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of the child, if necessary;

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     (7) In the event that a person named as a putative father appears and denies that he is the

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biological father of the child, the court shall direct that any such putative father execute a written

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denial of paternity setting forth the implications of the denial in a form to be adopted by the family

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court in accordance with the provisions of this section. Execution of the document by the putative

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father shall constitute prima facie evidence of his denial of paternity. Upon execution of the denial

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of paternity form, the court shall find that the department has no duty to make reasonable efforts to

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strengthen and encourage the relationship between the child and that putative father and the lack of

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such efforts may not be cited for any purpose by the putative father in any future proceeding

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conducted pursuant to the provisions of this chapter, the provisions of chapter 7 of title 15 or chapter

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8 of title 15;

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     (8) Make any interim orders in its discretion respecting the rights of the child; including,

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but not limited to, placement of the child in the care of immediate family members or next of kin

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of the child pursuant to the findings of the department required by § 40-11-7.

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     (c) The family court, upon identification of an alleged biological father by the mother of

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the child, shall order service of the petition and notice of hearing date to be made upon him in

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accordance with the rules of juvenile proceedings.

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     (1) If an alleged putative father appears at the hearing or appears at any subsequent hearing

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and denies paternity, the court shall direct that any such putative father execute a written denial of

 

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paternity setting forth the implications of the denial in a form to be adopted by the family court in

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accordance with the provisions of this section. Execution of the document by the putative father

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shall constitute prima facie evidence of his denial of paternity. Upon execution of the denial of

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paternity form, the court shall make a finding that the department has no duty to make reasonable

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efforts to strengthen and encourage the relationship between the child and that putative father and

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the lack of such efforts may not be cited for any purpose by the putative father in any future

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proceeding conducted pursuant to the provisions of this chapter, the provisions of chapter 7 of title

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15 or the provisions of chapter 8 of title 15.

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     (2) If an alleged putative father appears and neither admits nor denies paternity, the

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department of children, youth and families shall, within five (5) days, refer the putative father to

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the department of human services for a determination of paternity in accordance with chapter 8 of

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title 15.

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     (3) If a putative father, having been duly served with notice, fails to appear, the court shall

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find that the department has no duty to make reasonable efforts to strengthen and encourage the

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relationship between the child and the putative father and the lack of such efforts may not be cited

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for any purpose in any future proceedings conducted pursuant to the provisions of this chapter, the

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provisions of chapter 7 of title 15 or the provisions of chapter 8 of title 15.

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     (d) Execution of a written denial of paternity pursuant to this chapter shall have no legal

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effect on paternity or child support proceedings commenced under chapter 8 of title 15.

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     (e) At the probable cause hearing, credible hearsay evidence may, in the discretion of the

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court, be admissible. The petitioner may submit a signed physician's report that, while not

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conclusive, shall constitute prima facie evidence to support continued detention of the child

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pursuant to the ex parte order pending a trial on the merits.

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     40-11-12. Award of custody.

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     (a) If the court shall find that a child is abused or neglected within the meaning of this

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chapter, the court shall by decree duly enter process as follows.

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     (b)(1) Place the child under the supervision of the department in his or her own home if the

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court makes a determination that the child will be safely maintained in the home, or award the care,

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custody, and control of the child to the department upon terms as the court shall determine. The

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court may place the custody of the child in the department until such time as it finds that the child

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may be returned to the parents, or other person previously having custody or care of the child, under

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circumstances consistent with the child's safety; including, but not limited to, placement of the child

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in the care of immediate family members or next of kin of the child pursuant to the findings of the

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department as required by § 40-11-7.

 

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     (2) In the event that placement of the child in the care of immediate family members or

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next of kin of the child is deemed inappropriate, placement with families of the child’s ethnic,

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cultural or racial heritage shall receive preference.

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     (c) The court may require the parent, or person previously having custody, to undertake a

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program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the

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return of the child to his or her custody.

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     (d) When a child has been placed in the care, custody, and control of the department

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pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power

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to appoint a guardian of the person of the child.

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     (e) No petition for guardianship shall be granted unless it contains the written consent of

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the parent or parents previously having custody of the child and of the department of children,

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youth and families.

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     (f) The entry of a decree of guardianship pursuant to this section shall terminate the award

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of custody to the department and the involvement of the department with the child and the child's

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parents. The court may revoke a guardianship awarded pursuant to this section if the court finds,

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after a hearing on a motion for revocation, that continuation of the guardianship is not in the best

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interests of the child.

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     (g) Notice of any hearing on such motion shall be provided by the moving party to the

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department of children, youth and families, the court-appointed special advocate, the parent or

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guardian, and any and all other interested parties.

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     SECTION 2. Section 14-1-27 of the General Laws in Chapter 14-1 entitled "Proceedings

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in Family Court" is 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. The court may authorize the temporary placement of

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children in private homes licensed and approved by the department of children, youth and families

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and subject to the supervision of the court, or may arrange with any incorporated institution or

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agency licensed for child care, to receive for temporary care children ordered detained by the court.

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Unless good cause is shown to delay the commencement of the adjudicatory hearing, if a child is

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in detention, the family court shall commence the adjudicatory hearing within thirty (30) calendar

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days from whichever of the following events occurs latest: the date the petition is served on the

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child; or the date the child is placed in detention. In all such cases, the family court shall conclude

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the adjudicatory hearing within fifteen (15) calendar days of the commencement of the hearing

 

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unless good cause is shown 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 to

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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)(1) 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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     (2) Whenever the court determines that the best interest of the child requires that permanent

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placement be awarded to a non-relative, placement with families of the child’s ethnic, cultural or

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racial heritage shall receive preference.

 

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     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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     This act would require the department of children, youth and families (DCYF) and the

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family court to initially consider the placement of a child under their care with the child’s immediate

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family members or next of kin before placement in foster care. In the event that immediate family

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care is not appropriate, placement with a family of the child’s ethnic, culture or racial heritage shall

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receive preference.

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     This act would take effect upon passage.

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