2021 -- H 5302 | |
======== | |
LC000059 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2021 | |
____________ | |
A N A C T | |
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN | |
| |
Introduced By: Representatives Williams, McEntee, Alzate, Henries, and Felix | |
Date Introduced: January 29, 2021 | |
Referred To: House Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Sections 40-11-7, 40-11-7.1 and 40-11-12 of the General Laws in Chapter |
2 | 40-11 entitled "Abused and Neglected Children" are hereby amended to read as follows: |
3 | 40-11-7. Investigation of reports -- Petition for removal from custody -- Report to |
4 | child advocate -- Attorney general -- Court-appointed special advocate. |
5 | (a) The department shall investigate reports of child abuse and neglect made under this |
6 | chapter in accordance with the rules the department has promulgated and in order to determine the |
7 | circumstances surrounding the alleged abuse or neglect and the cause thereof. The investigation |
8 | shall include personal contact with the child named in the report and any other children in the same |
9 | household. Any person required to investigate reports of child abuse and/or neglect may question |
10 | the subjects of those reports with or without the consent of the parent or other person responsible |
11 | for the child's welfare. The interviewing of the child or children, if they are of the mental capacity |
12 | to be interviewed, shall take place in the absence of the person or persons responsible for the alleged |
13 | neglect or abuse. In the event that any person required to investigate child abuse and/or neglect is |
14 | denied reasonable access to a child by the parents or other person, and that person required to |
15 | investigate deems that the best interests of the child so require, they may request the intervention |
16 | of a local law enforcement agency, or seek an appropriate court order to examine and interview the |
17 | child. The department shall provide such social services and other services as are necessary to |
18 | protect the child and preserve the family. As part of its investigation, the department shall determine |
19 | the existence of and the fitness of immediate family members or next of kin of the child for |
| |
1 | placement of the child prior to placement of the child into any foster care arrangement. The |
2 | department shall devote at least two (2) weeks to the task of identifying immediate family members |
3 | or next of kin. |
4 | (b) In the event that after investigation it is determined by the department that the child is |
5 | being or has been abused or neglected but that the circumstances of the child's family or otherwise |
6 | do not require the removal of the child for his or her protection, the department may allow the child |
7 | to remain at home and provide the family and child with access to preventative support and services. |
8 | In addition, the department is authorized to petition the family court for an order for the provision |
9 | of treatment of the family and child. |
10 | (c) The department shall have the duty to petition the family court for removal of the child |
11 | from the care and custody of the parents, or any other person having custody or care of the child if |
12 | there is a determination that a child has been abused or neglected; which results in a child death, |
13 | serious physical or emotional harm, sexual abuse or exploitation or an act or failure to act which |
14 | represents an imminent risk of serious harm. In addition, in cases of alleged abuse and/or neglect, |
15 | the department may petition the family court for the removal of the alleged perpetrator of that abuse, |
16 | and/or neglect from the household of the child or children when the child or children are eleven |
17 | (11) years of age or older. It shall be the responsibility of the department to make the parent or |
18 | other person responsible for the child's welfare aware of the court action, the possible consequences |
19 | of the court action, and to explain the rights of the parent relative to the court action. |
20 | (d) The department shall forward immediately any reports of institutional child abuse and |
21 | neglect to the child advocate who shall investigate the report in accordance with chapter 73 of title |
22 | 42, and also to any guardian ad litem and/or attorney of record for the child. |
23 | (e) In the event that after investigation the department takes any action regarding placement |
24 | of the child, the department shall immediately notify the child advocate of such action. |
25 | (f) In the event that after investigation the department has reasonable cause to know or |
26 | suspect that a child has been subjected to criminal abuse or neglect, the department shall forward |
27 | immediately any information as it relates to that knowledge or suspicion to the law enforcement |
28 | agency. |
29 | 40-11-7.1. Family court proceedings. |
30 | (a) The family court shall, upon the filing of an ex parte petition, hereunder, immediately |
31 | take any action it deems necessary or appropriate for the protection of the child, or children, |
32 | suspected of being abused or neglected, including the removal of the child, or children, from the |
33 | custody of the parent or parents, or other person suspected of the abuse or neglect. |
34 | (b) A hearing on the petition shall be held within seven (7) days from the filing thereof, for |
| LC000059 - Page 2 of 7 |
1 | the court to: |
2 | (1) Advise the parent or parents or other person having care of the child of the allegations |
3 | contained in the petition; |
4 | (2) Enter either a denial or admission of the allegations contained in the petition; |
5 | (3) Assure that a guardian ad litem and/or a court appointed special advocate has been |
6 | appointed to represent the child; |
7 | (4) Appoint an attorney to represent the parent or parents or any other person having care |
8 | of the child alleged to have abused or neglected a child when the parent or custodian is unable to |
9 | afford representation, as determined by the court; |
10 | (5) Advise the parent or parents or any other person having care of the child of his or her |
11 | right to a probable cause hearing on the ex parte petition to be held as soon as practicable but no |
12 | later than ten (10) days from the date of the request; |
13 | (6) Make inquiry of the mother of the child to determine the identity of the biological father |
14 | of the child, if necessary; |
15 | (7) In the event that a person named as a putative father appears and denies that he is the |
16 | biological father of the child, the court shall direct that any such putative father execute a written |
17 | denial of paternity setting forth the implications of such denial in a form to be adopted by the family |
18 | court in accordance with the provisions of this section. Execution of such a document by the |
19 | putative father shall constitute prima facie evidence of his denial of paternity. Upon execution of |
20 | the denial of paternity form, the court shall find that the department has no duty to make reasonable |
21 | efforts to strengthen and encourage the relationship between the child and that putative father and |
22 | the lack of such efforts may not be cited for any purpose by the putative father in any future |
23 | proceeding conducted pursuant to the provisions of this chapter, the provisions of title 15 chapter |
24 | 7 or title 15 chapter 8; |
25 | (8) Make any interim orders in its discretion respecting the rights of the child; including, |
26 | but not limited to, placement of the child in the care of immediate family members or next of kin |
27 | of the child pursuant to the findings of the department required by § 40-11-7. |
28 | (c) The family court, upon identification of an alleged biological father by the mother of |
29 | the child, shall order service of the petition and notice of hearing date to be made upon him in |
30 | accordance with the Rules of Juvenile Proceedings. |
31 | (1) If an alleged putative father appears at the hearing or appears at any subsequent hearing |
32 | and denies paternity, the court shall direct that any such putative father execute a written denial of |
33 | paternity setting forth the implications of such denial in a form to be adopted by the family court |
34 | in accordance with the provisions of this section. Execution of such a document by the putative |
| LC000059 - Page 3 of 7 |
1 | father shall constitute prima facie evidence of his denial of paternity. Upon execution of the denial |
2 | of paternity form, the court shall make a finding that the department has no duty to make reasonable |
3 | efforts to strengthen and encourage the relationship between the child and that putative father and |
4 | the lack of such efforts may not be cited for any purpose by the putative father in any future |
5 | proceeding conducted pursuant to the provisions of this chapter, the provisions of title 15 chapter |
6 | 7 or the provisions of title 15 chapter 8. |
7 | (2) If an alleged putative father appears and neither admits nor denies paternity, the |
8 | department of children, youth, and families shall, within five (5) days, refer the putative father to |
9 | the department of human services for a determination of paternity in accordance with title 15 |
10 | chapter 8. |
11 | (3) If a putative father, having been duly served with notice, fails to appear, the court shall |
12 | find that the department has no duty to make reasonable efforts to strengthen and encourage the |
13 | relationship between the child and the putative father and the lack of such efforts may not be cited |
14 | for any purpose in any future proceedings conducted pursuant to the provisions of this chapter, the |
15 | provisions of title 15 chapter 7 or the provisions of title 15 chapter 8. |
16 | (d) Execution of a written denial of paternity pursuant to this chapter shall have no legal |
17 | effect on paternity or child support proceedings commenced under title 15 chapter 8. |
18 | (e) At the probable cause hearing credible hearsay evidence may, in the discretion of the |
19 | court, be admissible. The petition may submit a signed physician's report which, while not |
20 | conclusive, shall constitute prima facie evidence to support continued detention of the child |
21 | pursuant to the ex parte order pending a trial on the merits. |
22 | 40-11-12. Award of custody. |
23 | (a) If the court shall find that a child is abused or neglected within the meaning of this |
24 | chapter, the court shall by decree duly enter process as follows. |
25 | (b)(1) Place the child under the supervision of the department in his or her own home if the |
26 | court makes a determination that the child will be safely maintained in the home or award the care, |
27 | custody, and control of the child to the department upon such terms as the court shall determine. |
28 | The court may place the custody of the child in the department until such time as it finds that the |
29 | child may be returned to the parents or other person previously having custody or care of the child |
30 | under circumstances consistent with the child's safety; including, but not limited to, placement of |
31 | the child in the care of immediate family members or next of kin of the child pursuant to the findings |
32 | of the department required by § 40-11-7. |
33 | (2) In the event that placement of the child in the care of immediate family members or |
34 | next of kin of the child is deemed inappropriate, placement with families of the child's ethnic, |
| LC000059 - Page 4 of 7 |
1 | cultural or racial heritage shall receive preference. |
2 | (c) The court may require the parent or person previously having custody to undertake a |
3 | program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the |
4 | return of the child to his or her custody. |
5 | (d) When a child has been placed in the care, custody and control of the department |
6 | pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power |
7 | to appoint a guardian of the person of the child. |
8 | (e) No petition for guardianship shall be granted unless it contains the written consent of |
9 | the parent or parents previously having custody of the child and of the department of children, |
10 | youth, and families. |
11 | (f) The entry of a decree of guardianship pursuant to this section shall terminate the award |
12 | of custody to the department and the involvement of the department with the child and the child's |
13 | parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, |
14 | after a hearing on a motion for revocation, that continuation of said guardianship is not in the best |
15 | interests of the child. |
16 | (g) Notice of any hearing on such motion shall be provided by the moving party to the |
17 | department of children, youth, and families, the court appointed special advocate, the parent or |
18 | guardian and any and all other interested parties. |
19 | SECTION 2. Section 14-1-27 of the General Laws in Chapter 14-1 entitled "Proceedings |
20 | in Family Court" is hereby amended to read as follows: |
21 | 14-1-27. Temporary detention in public or private institutions. |
22 | (a) Subject to § 14-1-11, provision may be made by the family court for the temporary |
23 | detention of children at the training school for youth or in the custody of the director of the |
24 | department of children, youth and families. The court may authorize the temporary placement of |
25 | children in private homes licensed and approved by the department of children, youth and families |
26 | and subject to the supervision of the court, or may arrange with any incorporated institution or |
27 | agency licensed for child care, to receive for temporary care children ordered detained by the court. |
28 | Unless good cause is shown to delay the commencement of the adjudicatory hearing, if a child is |
29 | in detention, the family court shall commence the adjudicatory hearing within thirty (30) calendar |
30 | days from whichever of the following events occurs latest: the date the petition is served on the |
31 | child; or the date the child is placed in detention. In all such cases, the family court shall conclude |
32 | the adjudicatory hearing within fifteen (15) calendar days of the commencement of the hearing |
33 | unless good cause is shown to extend an adjudicatory hearing beyond fifteen (15) calendar days. |
34 | (b) In any case wherein the attorney general files an application to waive and/or certify a |
| LC000059 - Page 5 of 7 |
1 | youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) |
2 | days. In such cases, the department shall present to the family court a waiver report within forty- |
3 | five (45) calendar days. At the expiration of ninety (90) days, the attorney general's petition for |
4 | waiver and/or certification shall be decided by the family court, unless good cause is shown to |
5 | extend the time upon which the family court may render such a decision. |
6 | (c) When DCYF makes application to the court to take a child into temporary custody due |
7 | to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the |
8 | possibility of placing the child or children with a fit and willing relative not residing with the |
9 | parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or |
10 | children with the relative within thirty (30) days of the child's placement in the temporary custody |
11 | of DCYF. If the department determines that the relative is a fit and proper person to have placement |
12 | of the child, the child shall be placed with that relative, unless the particular needs of the child make |
13 | the placement contrary to the child's best interests. All placements with relatives shall be subject to |
14 | criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by |
15 | DCYF, and interstate compact approval, if necessary. |
16 | (d) If DCYF proposes to place the child with a relative outside the state of Rhode Island, |
17 | DCYF shall notify the parent who shall have an opportunity to file an objection to the placement |
18 | with the family court within ten (10) days of receipt of the notice. A hearing shall be held before |
19 | the child is placed outside the state of Rhode Island. |
20 | (e) If the request of a relative for placement of a child or children is denied by DCYF, that |
21 | relative shall have the right to petition the court for review. The court shall within five (5) days of |
22 | the request conduct a hearing as to the suitability of temporary placement with the relative and shall |
23 | make any orders incident to placement that it deems meet and just. |
24 | (f)(1) Whenever the court determines that permanent placement or adoption is in the best |
25 | interest of a child, a fit and willing relative who has been awarded placement of the child shall be |
26 | given priority over a non-relative, provided that the placement or adoption is in the best interest of |
27 | the child. |
28 | (2) Whenever the court determines that the best interest of the child requires that permanent |
29 | placement be awarded to a non-relative, placement with families of the child's ethnic, cultural or |
30 | racial heritage shall receive preference. |
31 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC000059 | |
======== | |
| LC000059 - Page 6 of 7 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO HUMAN SERVICES -- ABUSED AND NEGLECTED CHILDREN | |
*** | |
1 | This act would require the department of children, youth and families (DCYF) and the |
2 | family court to initially consider the placement of a child under their care with the child's immediate |
3 | family members or next of kin before placement in foster care. In the event that immediate family |
4 | care is not appropriate, placement with a family of the child's ethnic, culture or racial heritage shall |
5 | receive preference. |
6 | This act would take effect upon passage. |
======== | |
LC000059 | |
======== | |
| LC000059 - Page 7 of 7 |