2012 -- H 7135

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LC00508

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

     Introduced By: Representatives DaSilva, Azzinaro, Guthrie, Marcello, and Chippendale

     Date Introduced: January 17, 2012

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 42-72-15 of the General Laws in Chapter 42-72 entitled

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

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     42-72-15. Children's bill of rights. -- (a) No child placed or treated under the

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supervision of the department in any public or private facility shall be deprived of any personal

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property or civil rights, except in accordance with due process.

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      (b) Each child placed or treated under the supervision of the department in any public or

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private facility shall receive humane and dignified treatment at all times, with full respect for the

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child's personal dignity and right to privacy, consistent with the child's treatment plan.

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      (c) Each child placed in a secure facility under the supervision of the department shall be

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permitted to communicate with any individual, group, or agency consistent with the child's

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treatment objectives; shall be provided writing materials and postage; and shall be permitted to

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make or receive telephone calls to or from his or her attorneys, guardians ad litem, special

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advocates, or child advocate at any reasonable time.

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      (d) The department shall adopt rules and regulations pursuant to the Administrative

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Procedures Act, title 42, chapter 35, regarding children placed in secure facilities to specify the

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following:

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      (1) When a child may be placed in restraint or seclusion or when force may be used upon

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a child;

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      (2) When the head of a facility may limit the use or receipt of mail by any child and a

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procedure for return of unopened mail; and

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      (3) When the head of a facility may restrict the use of a telephone by any child.

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      (e) A copy of any order placing a child at a secure facility under the supervision of the

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department in restraint or seclusion shall be made a part of the child's permanent clinical record.

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In addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in

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writing, signed by the head of the facility or the facility head's designee, and made a part of the

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child's permanent clinical record.

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      (f) Each child placed or treated in a secure facility under the supervision of the

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department shall be permitted to receive visitors subject to reasonable restriction consistent with

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the child's treatment plan. The head of each facility shall establish visiting hours and inform all

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children and their families and other visitors of these hours. Any special restrictions shall be

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noted in writing, signed by the head of the facility or his or her designee, and made a part of the

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child's permanent clinical record.

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      (g) Each child may receive his or her clergyman, attorney, guardian ad litem, special

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advocate, or child advocate at any reasonable time.

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      (h) No person shall be denied employment, housing, civil service rank, any license or

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permit, including a professional license, or any other civil or legal right, solely because of a

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present or past placement with the department except as otherwise provided by statute.

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      (i) Each child under the supervision of the department shall have the right to counsel,

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and the right to receive visits from physicians and mental health professionals.

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      (j) Each child shall have a right to a hearing pursuant to rules and regulations

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promulgated by the department if the child is involuntarily transferred by the department to any

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facility outside of the state in accordance with the procedure set forth in section 42-72-14.

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      (k) The children's bill of rights shall be posted in a conspicuous place within any secure

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facility for the residential housing of children.

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      (l) Every deliverer of services with whom the department enters into a purchased

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services agreement shall agree, in writing, to observe and post in a conspicuous place, the

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children's bill of rights.

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      (m) Any child aggrieved by a violation of the children's bill of rights may petition the

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family court for appropriate equitable relief. The family court shall have exclusive original

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jurisdiction, notwithstanding any remedy contained in chapter 35 of this title.

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      (n) A child victim or witness shall be afforded the protections of section 12-28-9 under

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the direction of the department of children, youth, and families, and the department shall advise

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the court and the police and the prosecutor on the capacity of the child victim to understand and

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participate in the investigation and in the court proceedings and of the potential effect of the

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proceedings on the child.

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      (o) Every child placed in the care of the department of children, youth, and families shall

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be entitled to a free appropriate education, in accordance with state and federal law. Immediately

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upon the assumption of that care, the department shall provide for the enrollment of each child in

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a school program. During the time that the child shall remain in that care, the department and

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appropriate state and local education agencies shall coordinate their efforts in order to provide for

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the timely initiation and continuation of educational services.

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      (p) No person shall be denied access to available treatment for an alcohol or drug related

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condition, solely because of a present or past placement with the department.

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     (q) No person shall be remanded to an out-of-state placement by the Rhode Island family

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court, unless the provisions of section 14-1-65 have been complied with.

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     SECTION 2. Section 14-1-65 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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     14-1-65. Hearings for out-of-state placement of children. -- (a) Prior to authorizing the

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placement of a child entrusted to the control of the department of children, youth, and families

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and in an out-of-state child caring facility, other than the home of a relative, the department shall

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petition the family court for a placement hearing. The family court shall not grant approval for the

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placement if the following facts are found:

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      (1) That no suitable in-state facilities are available for the placement of the child;

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      (2) That the child will receive an individualized treatment plan, including, but not limited

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to, appropriate clinical treatment, education, training, and rehabilitation; and

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      (3) That the proposed placement is in the best interest of the child.

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      (b) This section shall not apply when the proposed placement is less than thirty-five (35)

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miles from the home of the parent previously having custody of the child.

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     unless the court finds, by clear and convincing evidence, that there are no suitable in-state

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facilities that are available for the placement of a child. In deciding this issue, the court shall

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consider the following factors:

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     (1) That the department of children, youth and families, has submitted a written request to

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all pre-approved state of Rhode Island qualified vendors and/or providers for necessary and

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appropriate service(s) required for a child;

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     (2) That the department of children, youth and families after due consideration makes a

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determination that no responding qualified vendors and/or providers meet the necessary

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requirements to adequately meet the individualized needs of the child and shall immediately

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commence referrals for out-of-state placement;

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     (3) That the child shall receive an individualized treatment plan, including, but not

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limited to, appropriate clinical treatment, education, training and rehabilitation;

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     (4) That the proposed placement is the best interests of the child; and

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     (5) That the out-of-state treatment facility is the nearest available facility to the child’s

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home.

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     (b) In all cases where the child is place out of state, a representative of the department of

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children, youth and families shall personally maintain contact with that child by visiting that child

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in the out-of-state placement on a bimonthly basis.

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     (c) The department of children, youth and families shall also facilitate visits between a

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child placed out-of-state and their families, which visit shall be at a minimum one time per

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month.

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     (d) The director of the department of health and human services may make any rules and

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regulations, not inconsistent with any law that in his or her judgment may be helpful in carrying

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out of the provisions of this chapter.

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     (e) In all cases, an appeal may be taken by the child or the department of children, youth

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and families from any final order or judgment of the family court, upon an action commenced

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under this section, directly to the Rhode Island supreme court within thirty (30) days after the

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entry of the order of judgment.

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     (f) The child shall have legal representation for any hearing under this section.

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     SECTION 3. This act shall take effect upon passage.

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LC00508

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO STATE AFFAIRS AND GOVERNMENT - DEPARTMENT OF CHILDREN,

YOUTH AND FAMILIES

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     This act would require that the family court not grant approval for out-of-state child

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placement until the court has determined that there are no in-state providers who can provide the

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service or services that the child requires and that the out-of-state treatment facility is the nearest

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available facility to the child's home.

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     This act would take effect upon passage.

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LC00508

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