2022 -- S 2382 | |
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LC004411 | |
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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 DELINQUENT AND DEPENDENT CHILDREN – PROCEEDINGS IN | |
FAMILY COURT | |
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Introduced By: Senators Valverde, McCaffrey, Euer, Coyne, Seveney, DiMario, Lawson, | |
Date Introduced: February 15, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 14-1-27 and 14-1-36 of the General Laws in Chapter 14-1 entitled |
2 | "Proceedings in Family Court" are hereby amended to read as follows: |
3 | 14-1-27. Temporary detention in public or private institutions. |
4 | (a) Subject to § 14-1-11, provision may be made by the family court for the temporary |
5 | detention of children at the training school for youth or in the custody of the director of the |
6 | department of children, youth and families. Provided, the family court shall not detain any juvenile |
7 | fourteen (14) years of age or younger at the training school for any offense unless that offense, if |
8 | charged as an adult, would constitute a felony capital offense for which bail would not be granted. |
9 | Should a juvenile fourteen (14) years of age or younger be charged with an offense for which, if |
10 | charged as an adult, would constitute a capital offense, the family court shall not order the detention |
11 | of the juvenile at the training school unless the court determines, in the court’s judgment, that there |
12 | is no other reasonable placement locations and/or conditions that will ensure the safety of the |
13 | juvenile or any other person or persons. The court may authorize the temporary placement of |
14 | children in private homes licensed and approved by the department of children, youth and families |
15 | and subject to the supervision of the court, or may arrange with any incorporated institution or |
16 | agency licensed for child care, to receive for temporary care children ordered detained by the court. |
17 | Unless good cause is shown to delay the commencement of the adjudicatory hearing, if a child is |
18 | in detention, the family court shall commence the adjudicatory hearing within thirty (30) calendar |
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1 | days from whichever of the following events occurs latest: the date the petition is served on the |
2 | child; or the date the child is placed in detention. In all such cases, the family court shall conclude |
3 | the adjudicatory hearing within fifteen (15) calendar days of the commencement of the hearing |
4 | unless good cause is shown to extend an adjudicatory hearing beyond fifteen (15) calendar days. |
5 | (b) In any case wherein the attorney general files an application to waive and/or certify a |
6 | youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) |
7 | days. In such cases, the department shall present to the family court a waiver report within forty- |
8 | five (45) calendar days. At the expiration of ninety (90) days, the attorney general's petition for |
9 | waiver and/or certification shall be decided by the family court, unless good cause is shown to |
10 | extend the time upon which the family court may render such a decision. |
11 | (c) When DCYF makes application to the court to take a child into temporary custody due |
12 | to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the |
13 | possibility of placing the child or children with a fit and willing relative not residing with the |
14 | parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or |
15 | children with the relative within thirty (30) days of the child's placement in the temporary custody |
16 | of DCYF. If the department determines that the relative is a fit and proper person to have placement |
17 | of the child, the child shall be placed with that relative, unless the particular needs of the child make |
18 | the placement contrary to the child's best interests. All placements with relatives shall be subject to |
19 | criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by |
20 | DCYF, and interstate compact approval, if necessary. |
21 | (d) If DCYF proposes to place the child with a relative outside the state of Rhode Island, |
22 | DCYF shall notify the parent who shall have an opportunity to file an objection to the placement |
23 | with the family court within ten (10) days of receipt of the notice. A hearing shall be held before |
24 | the child is placed outside the state of Rhode Island. |
25 | (e) If the request of a relative for placement of a child or children is denied by DCYF, that |
26 | relative shall have the right to petition the court for review. The court shall within five (5) days of |
27 | the request conduct a hearing as to the suitability of temporary placement with the relative and shall |
28 | make any orders incident to placement that it deems meet and just. |
29 | (f) Whenever the court determines that permanent placement or adoption is in the best |
30 | interest of a child, a fit and willing relative who has been awarded placement of the child shall be |
31 | given priority over a non-relative, provided that the placement or adoption is in the best interest of |
32 | the child. |
33 | 14-1-36. Commitment of delinquent and wayward children. |
34 | (a) In all proceedings under this chapter, the court may order a delinquent or wayward child |
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1 | to be committed to the training school for youth for a sentence no longer than the youth's nineteenth |
2 | birthday. Provided, the family court shall not commit any juvenile fourteen (14) years of age or |
3 | younger to the training school for any offense unless that offense, if charged as an adult, would |
4 | constitute a felony capital offense. Should a juvenile fourteen (14) years of age or younger be |
5 | sentenced for an offense for which, if sentenced as an adult, would constitute a capital offense, the |
6 | family court shall not commit the juvenile to the training school unless the court determines, in the |
7 | court’s judgment, that there are no other reasonable placement locations and/or conditions that will |
8 | ensure the safety of the juvenile or any other person or persons. However, nothing contained in this |
9 | section shall be construed to prohibit the placing of any child in the custody of the department of |
10 | children, youth and families or any other agency, society, or institution, pursuant to § 14-1-32. The |
11 | commitment of delinquent or wayward children shall be by an order and all assignments of the |
12 | custody of dependent, neglected, delinquent, or wayward children to the state training school for |
13 | youth or to the custody of the department of children, youth and families or to any of the private |
14 | institutions, agencies, or societies mentioned in this chapter shall be by a decree signed by the |
15 | justice of the court by whom the order or decree is issued, and that order or decree shall be directed |
16 | to any person that the court may designate, and shall require that person to take the child and deliver |
17 | him or her to the officer in charge of the training school for youth or to the custody of the director |
18 | of children, youth and families or of the public or private institution, agency, or society, and the |
19 | order or decree shall constitute the person charged with it, while he or she has the order in his or |
20 | her possession for service, an officer for all purposes under this chapter, in any county of the state |
21 | in which it may be necessary for him or her to go. The person charged with carrying out the order |
22 | or decree shall also deliver to the officer of the public or private institution, agency, or society or |
23 | to the training school for youth or the director of children, youth and families a copy of the order |
24 | or the decree signed by the justice of the court issuing it, and subject to the provisions of this |
25 | chapter, the officer and other authorities in charge of the training school for youth or the director |
26 | of children, youth and families or any public or private institution, agency, or society shall hold the |
27 | child according to the terms of any other order or decree that may from time to time thereafter be |
28 | issued by the court in relation to the child. |
29 | (b) Whenever the court shall commit a child to the training school for youth or to the |
30 | director of children, youth and families or any other institution or agency, it shall transmit with the |
31 | order of commitment a summary of its information concerning the child. |
32 | 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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1 | This act would prohibit the family court from detaining any juvenile or committing any |
2 | juvenile, fourteen (14) years of age or younger, to the training school, for any offense unless the |
3 | offense alleged or for which the juvenile is found responsible, is one that constitutes a capital |
4 | offense and the court determines that there is no other reasonable placement location to ensure the |
5 | safety of the juvenile and the general public. |
6 | This act would take effect upon passage. |
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