2022 -- S 2639 | |
======== | |
LC005259 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
____________ | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN | |
| |
Introduced By: Senators Kallman, Archambault, DiMario, DiPalma, Cano, Miller, | |
Date Introduced: March 10, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 15-7-7 of the General Laws in Chapter 15-7 entitled "Adoption of |
2 | Children" is hereby amended to read as follows: |
3 | 15-7-7. Termination of parental rights. |
4 | (a) The court shall, upon a petition duly filed by a governmental child placement agency |
5 | or licensed child placement agency, or by the birthmother or guardian of a child born under |
6 | circumstances referenced in subsection (a)(2)(viii) of this section, after notice to the parent and a |
7 | hearing on the petition, terminate any and all legal rights of the parent to the child, including the |
8 | right to notice of any subsequent adoption proceedings involving the child, if the court finds as a |
9 | fact by clear and convincing evidence that: |
10 | (1) The parent has willfully neglected to provide proper care and maintenance for the child |
11 | for a period of at least one year where financially able to do so. In determining whether the parent |
12 | has willfully neglected to provide proper care and maintenance for the child, the court may |
13 | disregard contributions to support that are of an infrequent and insubstantial nature; or |
14 | (2) The parent is unfit by reason of conduct or conditions seriously detrimental to the child; |
15 | such as, but not limited to, the following: |
16 | (i) Institutionalization of the parent, including imprisonment, for a duration as to render it |
17 | improbable for the parent to care for the child for an extended period of time; |
18 | (ii) Conduct toward any child of a cruel or abusive nature; |
19 | (iii) The child has been placed in the legal custody or care of the department of children, |
| |
1 | youth and families and the parent has a chronic substance abuse problem and the parent's prognosis |
2 | indicates that the child will not be able to return to the custody of the parent within a reasonable |
3 | period of time, considering the child's age and the need for a permanent home. The fact that a parent |
4 | has been unable to provide care for a child for a period of twelve (12) months due to substance |
5 | abuse shall constitute prima facie evidence of a chronic substance abuse problem; |
6 | (iv) The child has been placed with the department of children, youth and families and the |
7 | court has previously involuntarily terminated parental rights to another child of the parent and the |
8 | parent continues to lack the ability or willingness to respond to services that would rehabilitate the |
9 | parent and provided further that the court finds it is improbable that an additional period of services |
10 | would result in reunification within a reasonable period of time considering the child's age and the |
11 | need for a permanent home; |
12 | (v) The parent has subjected the child to aggravated circumstances, which circumstances |
13 | shall be abandonment, torture, chronic abuse, and sexual abuse; |
14 | (vi) The parent has committed murder or voluntary manslaughter on another of his or her |
15 | children or has committed a felony assault resulting in serious bodily injury on that child or another |
16 | of his or her children or has aided or abetted, attempted, conspired, or solicited to commit such a |
17 | murder or voluntary manslaughter; |
18 | (vii) The parent has exhibited behavior or conduct that is seriously detrimental to the child, |
19 | for a duration as to render it improbable for the parent to care for the child for an extended period |
20 | of time; or |
21 | (viii) The parent has been convicted of sexual assault upon the birthmother and parenthood |
22 | is a result of that sexual assault, which shall be established by proving that the child was conceived |
23 | as a result of a conviction for any offense set forth in § 11-37-2, § 11-37-6, or § 11-37-8.1. |
24 | Conception as a result of sexual assault may be proved by DNA tests and upon conviction of the |
25 | putative father, and after a fact-finding hearing establishing paternity, the father's parental rights |
26 | shall be terminated by order of the court. Termination of the parental rights of the father shall |
27 | include the loss of all parental rights without limitation, including the adoption of the child. The |
28 | father shall also have no right to any visitation with the minor child and shall have no right to any |
29 | inheritance from a child conceived as a result of sexual assault as specified; |
30 | (3) The child has been placed in the legal custody or care of the department of children, |
31 | youth and families for at least twelve (12) months, and the parents were offered or received services |
32 | to correct the situation that led to the child being placed; provided, that there is not a substantial |
33 | probability that the child will be able to return safely to the parents' care within a reasonable period |
34 | of time considering the child's age and the need for a permanent home; or |
| LC005259 - Page 2 of 8 |
1 | (4) The parent has abandoned or deserted the child. A lack of communication or contact |
2 | with the child for at least a six-month (6) period shall constitute prima facie evidence of |
3 | abandonment or desertion. In the event that parents of an infant have had no contact or |
4 | communication with the infant for a period of six (6) months the department shall file a petition |
5 | pursuant to this section and the family court shall conduct expedited hearings on the petition. |
6 | (b)(1) In the event that the petition is filed pursuant to subsection (a)(1), (a)(2)(i), (a)(2)(iii), |
7 | or (a)(2)(vii) of this section, the court shall find as a fact that, prior to the granting of the petition, |
8 | such parental conduct or conditions must have occurred or existed notwithstanding the reasonable |
9 | efforts that shall be made by the agency prior to the filing of the petition to encourage and strengthen |
10 | the parental relationship so that the child can safely return to the family. In the event that a petition |
11 | is filed pursuant to subsection (a)(2)(ii), (a)(2)(iv), (a)(2)(v), (a)(2)(vi), or (a)(4) of this section, the |
12 | department has no obligation to engage in reasonable efforts to preserve and reunify a family. |
13 | (2) Any duty or obligation on the part of a licensed or governmental child placing agency |
14 | to make reasonable efforts to strengthen the parental relationship shall cease upon the filing of a |
15 | petition under this section. This provision shall not be construed and is not intended to limit or |
16 | affect in any way the parents' right to see or visit with the child during the pendency of a petition |
17 | under this section. |
18 | (3) Upon the filing of a termination of parental rights petition, the agency has an affirmative |
19 | duty to identify, recruit, process, and approve a qualified family for adoption or other permanent |
20 | living arrangement for the child. |
21 | (c)(1) In considering the termination of rights as pursuant to subsection (a), the court shall |
22 | give primary consideration to the physical, psychological, mental, and intellectual needs of the |
23 | child insofar as that consideration is not inconsistent with other provisions of this chapter. Upon an |
24 | agency filing a petition for termination of parental rights, the court shall order, consistent with §§ |
25 | 42-72-11 and 42-72-15, that any child who is the subject of the petition be provided a mental health |
26 | referral based on the individual needs of the child within forty-eight (48) hours of the child’s |
27 | removal from their home or the filing of the petition, whichever occurs first. |
28 | (2) The consideration shall include the following: If a child has been placed in foster family |
29 | care, voluntarily or involuntarily, the court shall determine whether the child has been integrated |
30 | into the foster family to the extent that the child's familial identity is with the foster family and |
31 | whether the foster family is able and willing to permanently integrate the child into the foster |
32 | family; provided, that in considering integrating into a foster family, the court should consider: |
33 | (i) The length of time the child has lived in a stable, satisfactory environment and the |
34 | desirability of maintaining that environment and continuity for the child; and |
| LC005259 - Page 3 of 8 |
1 | (ii) The reasonable preference of the child, if the court determines that the child has |
2 | sufficient capacity to express a reasonable preference. |
3 | (d) If the court finds that the parental rights of the parent should be terminated as specified |
4 | in subsection (a), it shall by decree duly entered, appoint some suitable person to give or withhold |
5 | consent in any subsequent adoption proceedings. In the case of petitions filed by licensed or |
6 | governmental child placement agencies, the court shall appoint the agency to be the sole party to |
7 | give or withhold consent to the adoption of the child and further vest the agency with all rights of |
8 | guardianship over the child. |
9 | (e) Nothing in this section shall be construed to prohibit the introduction of expert |
10 | testimony with respect to any illness, medical or psychological condition, trauma, incompetency, |
11 | addiction to drugs, or alcoholism of any parent who has exhibited behavior or conduct that is |
12 | seriously detrimental to a child, to assist the court in evaluating the reason for the conduct or its |
13 | probable duration. |
14 | (f) The record of the testimony of the parties adduced in any proceeding terminating |
15 | parental rights to a child shall be entitled to the confidentiality provided for in § 8-10-21 and more |
16 | specifically shall not be admissible in any civil, criminal, or other proceeding in any court against |
17 | a person named a defendant or respondent for any purpose, except in subsequent proceedings |
18 | involving the same child or proceedings involving the same respondent. |
19 | (g) In the event any child, the parental rights to whom have been finally terminated, has |
20 | not been placed by the agency in the home of a person or persons with the intention of adopting the |
21 | child within thirty (30) days from the date of the final termination decree, the family court shall |
22 | review the status of the child and the agency shall file a report that documents the steps the agency |
23 | is taking to find an adoptive family or other permanent living arrangement for the child, to place |
24 | the child with an adoptive family, a fit and willing relative, a legal guardian, or in another planned |
25 | permanent living arrangement, and to finalize the adoption or legal guardianship. At a minimum, |
26 | this documentation shall include child specific recruitment efforts, such as the use of state, regional, |
27 | and national adoption exchanges, including electronic exchange system. |
28 | SECTION 2. Sections 42-72-11 and 42-72-15 of the General Laws in Chapter 42-72 |
29 | entitled "Department of Children, Youth and Families" are hereby amended to read as follows: |
30 | 42-72-11. Protective services. |
31 | In furtherance of the purposes and duties imposed by this chapter, and in order to |
32 | implement the procedures of the Rhode Island Child Abuse and Neglect Act contained in chapter |
33 | 11 of title 40, the department shall provide protective services for children. The department shall: |
34 | (1) In cases in which reasonable efforts are required pursuant to § 15-7-7 or § 40-11-12.2, |
| LC005259 - Page 4 of 8 |
1 | mobilize the services available in cases of child abuse and neglect which may assist the child and |
2 | the child's family including, but not limited to, day care, homemaking services, medical attention, |
3 | social, psychological, and psychiatric evaluation and treatment, emergency shelters, transportation, |
4 | individual or group counseling, and information and referral; |
5 | (2) Make reasonable efforts to mobilize services, as required in subsection (1) of this |
6 | section, which shall include the department providing a mental health referral based on the |
7 | individual needs of the child within forty-eight (48) hours of the child’s removal from their home |
8 | or the filing of a petition alleging neglect or abuse against the parents, guardians or caretakers of |
9 | the child, whichever occurs first. |
10 | (2)(3) Establish procedures for administering purchase of service agreements from |
11 | community and private agencies; |
12 | (3)(4) Develop a policy and procedure manual to be available to all staff workers; and |
13 | (4)(5) Require that the service plan developed for every child under protective care be |
14 | geared to finding a permanent plan for the child within a time frame of one year, and require a |
15 | review and evaluation program for all children for whom a plan has been developed. |
16 | 42-72-15. Children's bill of rights. |
17 | (a) No child placed or treated under the supervision of the department in any public or |
18 | private facility shall be deprived of any personal property or civil rights, except in accordance with |
19 | due process. |
20 | (b) Each child placed or treated under the supervision of the department in any public or |
21 | private facility shall receive humane and dignified treatment at all times, with full respect for the |
22 | child's personal dignity and right to privacy, consistent with the child's treatment plan. |
23 | (c) Each child placed in a secure facility under the supervision of the department shall be |
24 | permitted to communicate with any individual, group, or agency consistent with the child's |
25 | treatment objectives; shall be provided writing materials and postage; and shall be permitted to |
26 | make or receive telephone calls to or from his or her attorneys, guardians ad litem, special |
27 | advocates, or child advocate at any reasonable time. |
28 | (d) The department shall adopt rules and regulations pursuant to the Administrative |
29 | Procedures Act, chapter 35 of this title, regarding children placed in secure facilities to specify the |
30 | following: |
31 | (1) When a child may be placed in restraint or seclusion or when force may be used upon |
32 | a child; |
33 | (2) When the head of a facility may limit the use or receipt of mail by any child and a |
34 | procedure for return of unopened mail; and |
| LC005259 - Page 5 of 8 |
1 | (3) When the head of a facility may restrict the use of a telephone by any child. |
2 | (e) A copy of any order placing a child at a secure facility under the supervision of the |
3 | department in restraint or seclusion shall be made a part of the child's permanent clinical record. In |
4 | addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in |
5 | writing; signed by the head of the facility or the facility head's designee; and made a part of the |
6 | child's permanent clinical record. |
7 | (f) Each child placed or treated in a secure facility under the supervision of the department |
8 | shall be permitted to receive visitors subject to reasonable restriction consistent with the child's |
9 | treatment plan. The head of each facility shall establish visiting hours and inform all children and |
10 | their families and other visitors of these hours. Any special restrictions shall be noted in writing; |
11 | signed by the head of the facility or his or her designee; and made a part of the child's permanent |
12 | clinical record. |
13 | (g) Each child may receive his or her clergyman, attorney, guardian ad litem, special |
14 | advocate, or child advocate at any reasonable time. |
15 | (h) No person shall be denied employment, housing, civil service rank, any license or |
16 | permit, including a professional license, or any other civil or legal right, solely because of a present |
17 | or past placement with the department except as otherwise provided by statute. |
18 | (i) Each child under the supervision of the department shall have the right to counsel and |
19 | the right to receive visits from physicians and mental health professionals. |
20 | (j) Each child under the supervision of the department shall be provided a mental health |
21 | referral based on the individual needs of the child within forty-eight (48) hours of the child’s |
22 | removal from their home or the filing of a petition alleging neglect or abuse against the parents, |
23 | guardians or caretakers of the child, whichever occurs first. |
24 | (j)(k) Each child shall have a right to a hearing, pursuant to rules and regulations |
25 | promulgated by the department, if the child is involuntarily transferred by the department to any |
26 | facility outside of the state in accordance with the procedure set forth in § 42-72-14. |
27 | (k)(l) The children's bill of rights shall be posted in a conspicuous place within any secure |
28 | facility for the residential housing of children. |
29 | (l)(m) Every deliverer of services with whom the department enters into a purchased |
30 | services agreement shall agree, in writing, to observe and post in a conspicuous place, the children's |
31 | bill of rights. |
32 | (m)(n) Any child aggrieved by a violation of the children's bill of rights may petition the |
33 | family court for appropriate equitable relief. The family court shall have exclusive original |
34 | jurisdiction, notwithstanding any remedy contained in chapter 35 of this title. |
| LC005259 - Page 6 of 8 |
1 | (n)(o) A child victim or witness shall be afforded the protections of § 12-28-9 under the |
2 | direction of the department of children, youth and families, and the department shall advise the |
3 | court and the police and the prosecutor on the capacity of the child victim to understand and |
4 | participate in the investigation and in the court proceedings and of the potential effect of the |
5 | proceedings on the child. |
6 | (o)(p) Every child placed in the care of the department of children, youth and families shall |
7 | be entitled to a free appropriate education, in accordance with state and federal law. Immediately |
8 | upon the assumption of that care, the department shall provide for the enrollment of each child in |
9 | a school program. During the time that the child shall remain in that care, the department and |
10 | appropriate state and local education agencies shall coordinate their efforts in order to provide for |
11 | the timely initiation and continuation of educational services. |
12 | (p)(q) No person shall be denied access to available treatment for an alcohol- or drug- |
13 | related condition solely because of a present or past placement with the department. |
14 | (q)(r) No child shall be discriminated against on the basis of race, color, religion, ancestry, |
15 | national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or |
16 | mental, physical, developmental, or sensory disability, or by association with an individual or group |
17 | who has, or is perceived to have one, or more of such characteristics. |
18 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC005259 | |
======== | |
| LC005259 - Page 7 of 8 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO DOMESTIC RELATIONS -- ADOPTION OF CHILDREN | |
*** | |
1 | This act would require the family court and/or the department of children, youth, and |
2 | families (DCYF) to provide any child who is the subject of a DCYF neglect or abuse petition, |
3 | petition for termination of parental rights or an adoption, based on parental neglect or abuse, with |
4 | a mental health referral based on the individual needs of the child. |
5 | This act would take effect upon passage. |
======== | |
LC005259 | |
======== | |
| LC005259 - Page 8 of 8 |