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

     Introduced By: Senators Valverde, McCaffrey, Euer, Coyne, Seveney, DiMario, Lawson,
and Burke

     Date Introduced: February 15, 2022

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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

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

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

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

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

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

fourteen (14) years of age or younger at the training school for any offense unless that offense, if

charged as an adult, would constitute a felony capital offense for which bail would not be granted.

Should a juvenile fourteen (14) years of age or younger be charged with an offense for which, if

charged as an adult, would constitute a capital offense, the family court shall not order the detention

of the juvenile at the training school unless the court determines, in the court’s judgment, that there

is no other reasonable placement locations and/or conditions that will ensure the safety of the

juvenile or any other person or persons. The court may authorize the temporary placement of

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

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

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

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

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

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

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

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

unless good cause is shown to extend an adjudicatory hearing beyond fifteen (15) calendar days.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DCYF, and interstate compact approval, if necessary.

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

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

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

the child is placed outside the state of Rhode Island.

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

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

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

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

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

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

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

the child.

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

     (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

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

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

constitute a felony capital offense. Should a juvenile fourteen (14) years of age or younger be

sentenced for an offense for which, if sentenced as an adult, would constitute a capital offense, the

family court shall not commit the juvenile to the training school unless the court determines, in the

court’s judgment, that there are no other reasonable placement locations and/or conditions that will

ensure the safety of the juvenile or any other person or persons. However, nothing contained in this

section shall be construed to prohibit the placing of any child in the custody of the department of

children, youth and families or any other agency, society, or institution, pursuant to § 14-1-32. The

commitment of delinquent or wayward children shall be by an order and all assignments of the

custody of dependent, neglected, delinquent, or wayward children to the state training school for

youth or to the custody of the department of children, youth and families or to any of the private

institutions, agencies, or societies mentioned in this chapter shall be by a decree signed by the

justice of the court by whom the order or decree is issued, and that order or decree shall be directed

to any person that the court may designate, and shall require that person to take the child and deliver

him or her to the officer in charge of the training school for youth or to the custody of the director

of children, youth and families or of the public or private institution, agency, or society, and the

order or decree shall constitute the person charged with it, while he or she has the order in his or

her possession for service, an officer for all purposes under this chapter, in any county of the state

in which it may be necessary for him or her to go. The person charged with carrying out the order

or decree shall also deliver to the officer of the public or private institution, agency, or society or

to the training school for youth or the director of children, youth and families a copy of the order

or the decree signed by the justice of the court issuing it, and subject to the provisions of this

chapter, the officer and other authorities in charge of the training school for youth or the director

of children, youth and families or any public or private institution, agency, or society shall hold the

child according to the terms of any other order or decree that may from time to time thereafter be

issued by the court in relation to the child.

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

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

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

     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

juvenile, fourteen (14) years of age or younger, to the training school, for any offense unless the

offense alleged or for which the juvenile is found responsible, is one that constitutes a capital

offense and the court determines that there is no other reasonable placement location to ensure the

safety of the juvenile and the general public.

     This act would take effect upon passage.

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