law15118

Chapter 118

2015 -- S 0572
Enacted 06/22/2015

A N A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN FAMILY COURT

Introduced By: Senators McCaffrey, Miller, Nesselbush, Walaska, and Felag

Date Introduced: March 03, 2015

It is enacted by the General Assembly as follows:

SECTION 1. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings

in Family Court" is hereby amended to read as follows:

14-1-6. Retention of jurisdiction. -- (a) When the court shall have obtained jurisdiction

over any child prior to the child having attained the age of eighteen (18) years by the filing of a

petition alleging that the child is wayward or delinquent pursuant to § 14-1-5, the child shall,

except as specifically provided in this chapter, continue under the jurisdiction of the court until he

or she becomes nineteen (19) years of age, unless discharged prior to turning nineteen (19). When

the court shall have obtained jurisdiction over any child prior to the child's eighteenth (18th)

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

neglected neglected, and abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, including any

child under the jurisdiction of the family court on petitions filed and/or pending before the court

prior to July 1, 2007, the child shall, except as specifically provided in this chapter, continue

under the jurisdiction of the court until he or she becomes eighteen (18) years of age; provided,

that at least six (6) months prior to a child turning eighteen (18) years of age, the court shall

require the department of children, youth, youth and families to provide a description of the

transition services including the child's housing, health insurance, education and/or employment

plan, available mentors, and continuing support services, including workforce supports and

employment services afforded the child in placement or a detailed explanation as to the reason

those services were not offered; provided. The details of a child's transition plan shall be

developed in consultation with the child, wherever possible, and approved by the court prior to

the dismissal of an abuse, neglect, dependency, or miscellaneous petition before the child's

twenty-first birthday.

(b) The court may retain jurisdiction of any child who is seriously emotionally disturbed

or developmentally delayed pursuant to § 42-72-5(24)(v) until that child turns age twenty-one

(21) when the court shall have obtained jurisdiction over any child prior to the child's eighteenth

birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent,

neglected and or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.

department of behavioral healthcare, developmental disabilities and hospitals, and other agencies,

in accordance with § 14-1-59, to provide the family court with a transition plan for those

individuals who come under the court's jurisdiction pursuant to a petition alleging that the child is

dependent, neglected, and/or abused and who are seriously emotionally disturbed or

developmentally delayed pursuant to § 42-72-5(24)(v). This plan shall be a joint plan presented to

the court by the department of children, youth and families and the department of behavioral

healthcare, developmental disabilities and hospitals. The plan shall include the behavioral

healthcare, developmental disabilities and hospitals' community or residential service level,

health insurance option, education plan, available mentors, continuing support services,

workforce supports and employment services, and the plan shall be provided to the court at least

twelve (12) months prior to discharge. At least three (3) months prior to discharge, the plan shall

identify the specific placement for the child, if a residential placement is needed. The court shall

monitor the transition plan. In the instance where the department of behavioral healthcare,

developmental disabilities and hospitals has not made timely referrals to appropriate placements

and services, the department of children, youth and families may initiate referrals.

(d) The parent and/or guardian and/or guardian ad litem of a child who is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v), and who is

before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), 40-11-7 or 42-72-14, shall be

entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no

appropriate transition plan has been submitted to the court by the department of children, person

and families and the department of behavioral healthcare, developmental disabilities and

hospitals. The family court shall require that the department of behavioral healthcare,

developmental disabilities, and hospitals shall immediately identify a liaison to work with the

department of children, youth, and families until the child reaches the age of twenty-one (21) and

an immediate transition plan be submitted if the following facts are found:

(1) No suitable transition plan has been presented to the court addressing the levels of

service appropriate to meet the needs of the child as identified by the department of behavioral

healthcare, developmental disabilities and hospitals; or

(2) No suitable housing options, health insurance, educational plan, available mentors,

continuing support services, workforce supports, and employment services have been identified

for the child.

(e) Provided, further, that any youth who comes within the jurisdiction of the court by the

filing of a wayward or delinquent petition based upon an offense which that was committed prior

to July 1, 2007, including youth who are adjudicated and committed to the Rhode Island

Training School training school and who are placed in a temporary community placement as

authorized by the family court, may continue under the jurisdiction of the court until he or she

turns twenty one (21) years of age.

(b)(f) In any case where the court shall not have acquired jurisdiction over any person

prior to the person's eighteenth (18th) birthday by the filing of a petition alleging that the person

had committed an offense, but a petition alleging that the person had committed an offense which

that would be punishable as a felony if committed by an adult has been filed before that person

attains the age of nineteen (19) years of age, that person shall, except as specifically provided in

this chapter, be subject to the jurisdiction of the court until he or she becomes nineteen (19) years

of age, unless discharged prior to turning nineteen (19).

(c)(g) In any case where the court shall not have acquired jurisdiction over any person

prior to the person attaining the age of nineteen (19) years by the filing of a petition alleging that

the person had committed an offense prior to the person attaining the age of eighteen (18) years

which would be punishable as a felony if committed by an adult, that person shall be referred to

the court which would have that had jurisdiction over the offense if it had been committed by an

adult. The court shall have jurisdiction to try that person for the offense committed prior to the

person attaining the age of eighteen (18) years and, upon conviction, may impose a sentence not

exceeding the maximum penalty provided for the conviction of that offense.

(d)(h) In any case where the court has certified and adjudicated a child in accordance

with the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the

power and authority to sentence the child to a period in excess of the age of nineteen (19) years.

However, in no case shall the sentence be in excess of the maximum penalty provided by statute

for the conviction of the offense.

(e)(i) Nothing in this section shall be construed to affect the jurisdiction of other courts

over offenses committed by any person after he or she reaches the age of eighteen (18) years.

SECTION 2. Section 40.1-5.4-4 of the General Laws in Chapter 40.1-5.4 entitled

"Division of Mental Health" is hereby amended to read as follows:

40.1-5.4-4. Powers and duties of director of mental health, retardation and hospitals.

Behavioral Healthcare, Developmental Disabilities and Hospitals. -- The director of mental

health, retardation, and hospitals shall, subject to available appropriations, have the following

powers and duties:

(1) To be responsible for planning and developing a complete, comprehensive

comprehensive, and integrated statewide system of mental health services; provided that the

department's highest priorities shall be to provide services to residents with serious mental illness,

early and ongoing treatment and support for serious mental illness and research into the causes

and treatment of serious mental illness illness, in the development of the system, the department

shall consult with all facilities and agencies, both public and private, concerned with the mental

health of the residents of Rhode Island;

(2) To implement the system in cooperation with providers of mental health services;

(3) To coordinate the efforts of the department of mental health, retardation, and

hospitals with those of other state departments and agencies, municipal governments

governments, as well as the federal government and private agencies concerned with with, and

providing services for for, persons with serious mental illness;

(4) To be responsible for the administration of state operated state-operated facilities

established for the diagnosis, care care, and rehabilitation of adults with serious mental illness

and to ensure that there are adequate state facilities to provide these services;

(5) To have general supervision of all private facilities as that term is defined in § 40.1-

5-2(3) and to exercise the powers and duties provided for in § 40.1-5-1 et seq.;

(6) To establish standards in conformance with generally accepted professional practice

and to provide technical assistance to all state supported state-supported diagnostic facilities,

rehabilitation centers, community residences, community mental health centers, and other

facilities for the persons with serious mental illness licensed by the department pursuant to §

40.1-24-1 et seq.;

(7) To monitor and inspect to insure ensure compliance with the standards. Provided,

standards; provided, however, that none of the foregoing shall be applicable to any of the

facilities wholly within the control of any other department of state government;

(8) To stimulate research by public and private agencies, institutions of higher learning,

and hospitals, in the interest of the elimination and amelioration of serious mental illness, and

care and treatment of persons with serious mental illness;

(9) To provide funding to the various community agencies and private nonprofit

agencies, in amounts, which amounts that will enable adults with serious mental illness to

receive services appropriate to their individual's needs;

(10) To take, hold hold, and administer in trust for the state any grant, devise, gift gift,

or bequest made either to the state or to the department for the use of persons under its care or for

the expenditure upon any work which that the department is authorized to undertake;

(11) To establish and maintain a comprehensive program of community mental health

services, utilizing the community mental health centers and other community mental health

agencies and to establish standards for the development of these community programs;

(12) To exercise the powers and duties relating to community mental health centers in

accordance with § 40.1-8.5-1 et seq.;

(13) To exercise the powers and duties relating to the licensing of community mental

health facilities in accordance with § 40.1-24-1 et seq.;

(14) To consult with and assist the governor's council on behavioral health in accordance

with the requirements of § 40.1-29 chapter 29 of title 40.1;

(15) To exercise the powers and duties relating to care and treatment of forensic patients

in accordance with § 40.1-5.3-1 et seq.;

(16) To cooperate with the department of corrections, the courts courts, and local and

state law enforcement authorities to ensure adequate, fair fair, and humane treatment of persons

with serious mental illness involved in the criminal justice system.

(17) To initiate transition planning:

(i) In cooperation with the department of children, youth and families and local school

departments, for any person who receives services through the department of children, youth,

and families, is seriously emotionally disturbed or developmentally delayed pursuant to § 42-72-

5(24)(v), and whose care may or shall be administered by the department of behavioral

healthcare, developmental disabilities and hospitals after the age of twenty-one (21) years, the

transition planning shall commence at least twelve (12) months prior to the child's twenty-first

birthday and shall result in a collaborative plan submitted to the family court by both behavioral

healthcare, developmental disabilities and hospitals and the department of children, youth, and

families and shall require the approval of the court prior to the dismissal of the abuse, neglect,

dependency, or miscellaneous petition;

(ii) In cooperation with the individual, the parents/legal guardians and school districts for

any other person whose care may or shall be administered by the department of behavioral

healthcare, developmental disabilities and hospitals after the age of twenty-one (21) years, the

transition planning shall commence at least twelve (12) months prior to the child's twenty-first

birthday and shall specifically identify housing options, supportive services, health care, and

workforce training or opportunities.

(17)(18) To act in the capacity of "state mental health authority" as that term has

meaning for a coordination of state mental health planning and policy, and as it also relates to

requirements set forth in pertinent federal mental health laws and regulations.

(18)(19) To propose, review, and/or approve, as appropriate, proposals, policies, or plans

involving insurance or managed care systems for mental health services in Rhode Island or those

aimed at improving the overall mental health of Rhode Island residents when the proposals,

policies or plans relate to the publicly administered integrated state mental health service system.

SECTION 3. Section 42-72-5 of the General Laws in Chapter 42-72 entitled "Department

of Children, Youth, and Families" is hereby amended to read as follows:

42-72-5. Powers and scope of activities. -- (a) The department is the principal agency of

the state to mobilize the human, physical physical, and financial resources available to plan,

develop, and evaluate a comprehensive and integrated statewide program of services designed to

ensure the opportunity for children to reach their full potential. The services include prevention,

early intervention, out-reach outreach, placement, care and treatment, and after-care programs;

provided, however, that the department notifies the state police and cooperates with local police

departments when it receives and/or investigates a complaint of sexual assault on a minor and

concludes that probable cause exists to support the allegations(s). The department also serves as

an advocate for the needs of children.

(b) To accomplish the purposes and duties, as set forth in this chapter, the director is

authorized and empowered:

(1) To establish those administrative and operational divisions of the department that the

director determines is in the best interests of fulfilling the purposes and duties of this chapter;

(2) To assign different tasks to staff members that the director determines best suit the

purposes of this chapter;

(3) To establish plans and facilities for emergency treatment, relocation relocation, and

physical custody of abused or neglected children which that may include, but are not limited to,

homemaker/educator child case aides, specialized foster family programs, day care facilities,

crisis teams, emergency parents, group homes for teenage parents, family centers within existing

community agencies, and counseling services;

(4) To establish, monitor, and evaluate protective services for children including, but not

limited to, purchase of services from private agencies and establishment of a policy and

procedure manual to standardize protective services;

(5) To plan and initiate primary and secondary treatment programs for abused and

neglected children;

(6) To evaluate the services of the department and to conduct periodic comprehensive

needs assessment;

(7) To license, approve, monitor, and evaluate all residential and non-residential child

care institutions, group homes, foster homes, and programs;

(8) To recruit and coordinate community resources, public and private;

(9) To promulgate rules and regulations concerning the confidentiality, disclosure

disclosure, and expungement of case records pertaining to matters under the jurisdiction of the

department;

(10) To establish a minimum mandatory level of twenty (20) hours of training per year

and provide ongoing staff development for all staff; provided, however, all social workers hired

after June 15, 1991, within the department shall have a minimum of a bachelor's degree in social

work or a closely related field, and must be appointed from a valid civil service list;

(11) To establish procedures for reporting suspected child abuse and neglect pursuant to

chapter 11 of title 40;

(12) To promulgate all rules and regulations necessary for the execution of departmental

powers pursuant to the Administrative Procedures Act, chapter 35 of title 42;

(13) To provide and act as a clearinghouse for information, data data, and other

materials relative to children;

(14) To initiate and carry out studies and analysis which that will aid in solving local,

regional regional, and statewide problems concerning children;

(15) To represent and act on behalf of the state in connection with federal grant programs

applicable to programs for children in the functional areas described in this chapter;

(16) To seek, accept, and otherwise take advantage of all federal aid available to the

department, and to assist other agencies of the state, local agencies, and community groups in

taking advantage of all federal grants and subventions available for children;

(17) To review and coordinate those activities of agencies of the state state, and of any

political subdivision of the state state, which that affect the full and fair utilization of

community resources for programs for children, and initiate programs that will help assure

ensure utilization;

(18) To administer the pilot juvenile restitution program, including the overseeing and

coordinating of all local community based community-based restitution programs, and the

establishment of procedures for the processing of payments to children performing community

service; and

(19) To adopt rules and regulations which that:

(i) For the twelve (12) month twelve-month (12) period beginning on October 1, 1983,

and for each subsequent twelve (12) month twelve-month (12) period, establish specific goals as

to the maximum number of children who will remain in foster care for a period in excess of two

(2) years; and

(ii) Are reasonably necessary to implement the child welfare services and foster care

programs;

(20) May establish and conduct seminars for the purpose of educating children regarding

sexual abuse;

(21) To establish fee schedules by regulations for the processing of requests from

adoption placement agencies for adoption studies, adoption study updates, and supervision related

to interstate and international adoptions. The fee shall equal the actual cost of the service(s)

rendered, but in no event shall the fee exceed two thousand dollars ($2,000);

(22) To be responsible for the education of all children who are placed, assigned, or

otherwise accommodated for residence by the department in a state operated or supported

state-operated or -supported community residence licensed by a Rhode Island state agency. In

fulfilling this responsibility responsibility, the department is authorized to enroll and pay for the

education of students in the public schools or, when necessary and appropriate, to itself provide

education in accordance with the regulations of the board of regents for elementary and secondary

education either directly or through contract;

(23) To develop multidisciplinary service plans, in conjunction with the department of

health, at hospitals prior to the discharge of any drug-exposed babies. The plan requires the

development of a plan using all health care professionals.

(24) To be responsible for the delivery of appropriate mental health services to seriously

emotionally disturbed children and children with functional developmental disabilities.

Appropriate mental health services may include hospitalization, placement in a residential

treatment facility, or treatment in a community based community-based setting. The

department is charged with the responsibility for developing the public policy and programs

related to the needs of seriously emotionally disturbed children and children with functional

developmental disabilities.

In fulfilling its responsibilities the department shall:

(i) Plan a diversified and comprehensive network of programs and services to meet the

needs of seriously emotionally disturbed children and children with functional developmental

disabilities;

(ii) Provide the overall management and supervision of the state program for seriously

emotionally disturbed children and children with functional developmental disabilities;

(iii) Promote the development of programs for preventing and controlling emotional or

behavioral disorders in children;

(iv) Coordinate the efforts of several state departments and agencies to meet the needs of

seriously emotionally disturbed children and children with functional developmental disabilities

and to work with private agencies serving those children;

(v) Promote the development of new resources for program implementation in providing

services to seriously emotionally disturbed children and children with functional developmental

disabilities.

The department shall adopt rules and regulations, which regulations that are

reasonably necessary to implement a program of mental health services for seriously emotionally

disturbed children.

Each community, as defined in chapter 7 of title 16, shall contribute to the department, at

least in accordance with rules and regulations to be adopted by the department, at least its average

per pupil per-pupil cost for special education for the year in which placement commences, as its

share of the cost of educational services furnished to a seriously emotionally disturbed child

pursuant to this section in a residential treatment program which includes the delivery of

educational services.

"Seriously emotionally disturbed child" means any person under the age of eighteen (18)

years or any person under the age of twenty-one (21) years who began to receive services from

the department prior to attaining eighteen (18) years of age and has continuously received those

services thereafter who has been diagnosed as having an emotional, behavioral behavioral, or

mental disorder under the current edition of the Diagnostic and Statistical Manual and that

disability has been on-going for one year or more or has the potential of being ongoing for one

year or more, and the child is in need of multi-agency intervention, and the child is in an out-of-

home placement or is at risk of placement because of the disability.

A child with a "functional developmental disability" means any person under the age of

eighteen (18) years or any person under the age of twenty-one (21) years who began to receive

services from the department prior to attaining eighteen (18) years of age and has continuously

received those services thereafter.

The term "functional developmental disability" includes autism spectrum disorders and

means a severe, chronic disability of a person which: that:

(a)(A) Is attributable to a mental or physical impairment or combination of mental

physical impairments;

(b)(B) Is manifested before the person attains age eighteen (18);

(c)(C) Is likely to continue indefinitely;

(d)(D) Results in age- appropriate substantial functional limitations in three (3) or more

of the following areas of major life activity.

(i)(I) Self-care;

(ii)(II) Receptive and expressive language;

(iii)(III) Learning;

(iv)(IV) Mobility;

(v)(V) Self-direction; Self direction;

(vi)(VI) Capacity for Independent Living; independent living; and

(vii)(VII) Economic self-sufficiency; and

(e) (E) Reflects the person's need for a combination and sequence of special,

interdisciplinary, or generic care, treatment, or other services which that are of life-long or

extended duration and are individually planned and coordinated.

Funding for these clients shall include funds that are transferred to the Department of

Human Services as part of the Managed Health Care department of human services as part

of the managed health care program transfer. However, the expenditures relating to these clients

shall not be part of the Department of Human Services' Caseload estimated for the semi-

annual Caseload Estimating Conference. department of human services' caseload estimated

for the semi-annual caseload estimating conference. The expenditures shall be accounted for

separately.

(25) To provide access to services to any person under the age of eighteen (18) years or

any person under the age of twenty-one (21) years who began to receive child welfare services

from the department prior to attaining eighteen (18) years of age, has continuously received those

services thereafter and elects to continue to receive such services after attaining the age of

eighteen (18) years. The assembly has included funding in the FY 2008 Department of

Children, Youth and Families department of children, youth and families budget in the

amount of $10.5 million from all sources of funds and $6.0 million from general revenues to

provide a managed system to care for children serviced between 18 to 21 years of age. The

department shall manage this caseload to this level of funding.

(26) To initiate transition planning in cooperation with the department of behavioral

healthcare, developmental disabilities and hospitals and local school departments for any child

who receives services through the department of children, youth and families, is seriously

emotionally disturbed or developmentally delayed pursuant to § 42-72-5(24)(v), and whose care

may or shall be administered by the department of behavioral healthcare, developmental

disabilities and hospitals after the age of twenty-one (21) years, the transition planning shall

commence at least twelve (12) months prior to the person's twenty-first birthday and shall result

in a collaborative plan submitted to the family court by both the department of behavioral

healthcare, developmental disabilities and hospitals and the department of children, youth and

families and shall require the approval of the court prior to the dismissal of the abuse, neglect,

dependency, or miscellaneous petition before the child's twenty-first birthday.

(26)(27) To develop and maintain, in collaboration with other state and private agencies,

a comprehensive continuum of care in this state for children in the care and custody of the

department or at risk of being in state care. This continuum of care should be family-centered

family centered and community-based community based with the focus of maintaining

children safely within their families or, when a child cannot live at home, within as close

proximity to home as possible based on the needs of the child and resource availability. The

continuum should include community-based prevention, family support support, and crisis

intervention services services, as well as a full array of foster care and residential services,

including residential services designed to meet the needs of children who are seriously

emotionally disturbed, children who have a functional developmental disability disability, and

youth who have juvenile justice issues. The director shall make reasonable efforts to provide a

comprehensive continuum of care for children in the care and custody of the DCYF, department

of children, youth and families, taking into account the availability of public and private

resources and financial appropriations and the director shall submit an annual report to the

general assembly as to the status of his or her efforts in accordance with the provisions of

subsection 42-72-4(b)(13).

(27)(28) To administer funds under the John H. Chafee Foster Care Independence and

Educational And Training Voucher (ETV) Programs of Title IV-E of the Social Security Act, and

the DCYF Higher Education Opportunity Grant Program department of children, youth

and families higher education opportunity grant program as outlined in RIGL § 42-72.8,

chapter 72.8 of title 42, in accordance with rules and regulations as promulgated by the director

of the department.

any agency of the state information pertinent to the affairs and problems of children.

(d) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

(e) [Deleted by P.L. 2008, ch. 9, art. 16, § 2.]

SECTION 4. This act shall take effect upon passage.

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LC001671

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