2025 -- H 5260

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LC000164

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Representatives Casimiro, Noret, Read, McEntee, Spears, Shanley, and
Morales

     Date Introduced: January 31, 2025

     Referred To: House Judiciary

     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).

     (b) 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 wayward, delinquent, dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7

or 42-72-14, 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 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. As part of the transition planning, the child shall be informed by the department of the

opportunity to voluntarily agree to extended care and placement by the department and legal

supervision by the court until age twenty-one (21). 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.

     (c) A child, who is in foster care on their eighteenth birthday due to the filing of a

miscellaneous petition or a petition alleging that the child is wayward, delinquent, dependent,

neglected, or abused pursuant to § 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to

continue responsibility for care and placement from DCYF and to remain under the legal

supervision of the court as a young adult until age twenty-one (21), provided:

     (1) The young adult was in the legal custody of the department at age eighteen (18); and

     (2) The young adult is participating in at least one of the following:

     (i) Completing the requirements to receive a high school diploma or GED;

     (ii) Completing a secondary education or a program leading to an equivalent credential;

enrolled in an institution that provides postsecondary or vocational education;

     (iii) Participating in a job-training program or an activity designed to promote or remove

barriers to employment;

     (iv) Is employed for at least eighty (80) hours per month; or

     (v) Is incapable of doing any of the foregoing due to a medical condition that is regularly

updated and documented in the case plan.

     (d) A former foster child who was adopted or placed in guardianship with an adoption

assistance agreement or a guardianship assistance agreement that was executed on or after his or

her sixteenth birthday and prior to his or her eighteenth birthday, or a former foster child who was

reunified prior to their eighteenth birthday and reunification is not successful, may voluntarily agree

to extended care and placement by the department and legal supervision by the court until age

twenty-one (21) if the young adult satisfies the requirements in subsection (c)(2). Provided,

however, the department retains the right to review the request and first attempt to address the

issues through the adoption assistance agreement by providing post adoptive or post guardianship

support services to the young adult and his or her adoptive or guardianship family.

     (e) Upon the request of the young adult, who voluntarily agreed to the extension of care

and placement by the department and legal supervision by the court, pursuant to subsections (c)

and (d) of this section, the court’s legal supervision and the department’s responsibility for care

and placement may be terminated. Provided, however, the young adult may request reinstatement

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of responsibility and resumption of the court’s legal supervision at any time prior to his or her

twenty-first birthday if the young adult meets the requirements set forth in subsection (c)(2). If the

department wishes to terminate the court’s legal supervision and its responsibility for care and

placement, it may file a motion for good cause. The court may exercise its discretion to terminate

legal supervision over the young adult at any time.

     (f) With the consent of the person previously under the court’s supervision, the court may

reopen, extend, or retain its jurisdiction beyond that person’s twenty-first birthday until his or her

twenty-second birthday or until September 30, 2021, whichever date occurs first, under the

following circumstances:

     (1) The person aged out of DCYF care or left foster care during the COVID-19 public

health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits

pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and

     (2) The court has or had obtained jurisdiction over the person prior to his or her eighteenth

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

abused, or neglected pursuant to § 14-1-5, § 40-11-7, or § 42-72-14 or after the person’s eighteenth

birthday pursuant to a voluntary extension of care petition; and

     (3) Court supervision is necessary for the department of children, youth and families to

access IV-E funding to support such benefits, in whole or in part; and

     (4) Court supervision is required to continue transition planning and to ensure the safety,

permanency, and well-being of older youth who remain in or who age out of foster care and re-

enter foster care.

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

or developmentally delayed pursuant to § 42-72-5(b)(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.

     (h) The department of children, youth and families shall work collaboratively with the

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(b)(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,

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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.

     (i) 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(b)(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, youth 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.

     (j) 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 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).

     (k) 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 that

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

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.

     (l) 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.

     (m) 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. 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

***

     This act would extend the voluntary extension of care (VEC) program pursuant to § 14-1-

6 to children in the juvenile justice system and children who attain reunification prior to their

eighteenth birthday, however, the reunification is not successful.

     This act would take effect upon passage.

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