2026 -- S 2613

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LC004848

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2026

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Senators Acosta, DiMario, LaMountain, Bissaillon, Mack, Kallman,
McKenney, Gallo, Murray, and Euer

     Date Introduced: February 13, 2026

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Sections 14-1-6, 14-1-7.3 and 14-1-36 of the General Laws in Chapter 14-1

entitled "Proceedings in Family Court" are 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); provided, however, that the court, upon motion by

the child’s representative, or sua sponte, may extend jurisdiction over the child until the age of

twenty-one (21) if the court finds that it is in the best interest of the child to remain confined and

under the jurisdiction of the juvenile system.

     (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 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 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 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

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

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,

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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.

     (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); provided, however, that the court, upon motion by the

child’s representative, or sua sponte, may extend jurisdiction over the child until the age of twenty-

one (21) if the court finds that it is in the best interest of the child to remain confined and under the

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jurisdiction of the juvenile system.

     (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

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; provided, however, that the court, upon motion by the child’s

representative, or sua sponte, may extend jurisdiction over the child until the age of twenty-one

(21) if the court finds that it is in the best interest of the child to remain confined and under the

jurisdiction of the juvenile system.

     (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.

     14-1-7.3. Certification — Effect.

     (a) Upon a finding by the court that the child is subject to certification pursuant to § 14-1-

7.2, the court shall afford the child a right to a jury trial, and upon conviction for the offense

charged, the court shall sentence the child in accordance with one of the following alternatives:

     (1) Impose a sentence upon the child to the training school for youth until the time that the

child attains the age of nineteen (19) years; provided, however, that the court, upon motion by the

child’s representative, or sua sponte, may extend jurisdiction over the child until the age of twenty-

one (21) if the court finds that it is in the best interest of the child to remain confined and under the

jurisdiction of the juvenile system;

     (2) Impose a sentence upon the child for a period in excess of the child’s nineteenth

birthday to the adult correctional institutions, with the period of the child’s minority to be served

in the training school for youth in a facility to be designated by the court; provided, however, that

the court, upon motion by the child’s representative, or sua sponte, may extend jurisdiction over

the child until the age of twenty-one (21) if the court finds that it is in the best interest of the child

to remain confined and under the jurisdiction of the juvenile system. However, the sentence shall

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not exceed the maximum sentence provided for by statute for conviction of the offense.

     (b) Any child who is certified shall not be eligible for release from the training school for

youth unless, after hearing, the certifying judge, or the chief judge in his or her absence, or his or

her designee, determines by clear and convincing evidence that the child will not pose a threat to

the public during the term of the release.

     (c) In the event that the court has modified the order of certification pursuant to § 14-1-42

by suspending the balance of the sentence imposed, any violation of the terms of the suspended

sentence shall be referred to the appropriate adult court to be treated in accordance with the regular

procedure of the court, unless the person is under the age of eighteen (18) years at the time of the

violation, in which case, jurisdiction over the sentence shall continue in the family court.

     (d) In the event that the court, after a hearing on modification of the order of certification

pursuant to § 14-1-42, has determined that it has not been demonstrated by clear and convincing

evidence that the person has been sufficiently rehabilitated and could be released in the community

without posing a danger to the public should the order of certification be modified, the court shall

deny the modification of the order of certification and direct the person to serve the balance of his

or her sentence under the jurisdiction of the department of corrections in a facility under the control

of the department; provided, however, that the court, upon motion by the child’s representative, or

sua sponte, may extend jurisdiction over the child until the age of twenty-one (21) if the court finds

that it is in the best interest of the child to remain confined and under the jurisdiction of the juvenile

system. The sentence, including any term served in the training school for youth, shall be subject

to the regulations and statutes governing the parole board.

     (e) Any person who commits an offense which would be punishable as a felony if

committed by an adult, after having been certified and adjudicated by the family court pursuant to

§ 14-1-7.2, may, after a hearing by a justice of the family court to determine that probable cause

exists to believe that the child has committed the offense, have the jurisdiction over his or her

sentence transferred to the department of corrections to be served in facilities under the control of

the department; provided, however, that the court, upon motion by the child’s representative, or sua

sponte, may extend jurisdiction over the child until the age of twenty-one (21) if the court finds that

it is in the best interest of the child to remain confined and under the jurisdiction of the juvenile

system.

     (f) A finding that the child is subject to certification shall constitute presumptive evidence

of the non-amenability of the person to further treatment in facilities available to the family court

and the court shall transfer the jurisdiction over his or her sentence to the department of corrections

to be served in facilities under the control of the department, unless the presumption is rebutted by

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clear and convincing evidence which demonstrates that the person is amenable to treatment in

family court facilities.

     (g)(1) A finding that the child is subject to certification shall also constitute presumptive

evidence of the non-amenability of the person to further treatment in facilities available to the

family court and the court shall waive jurisdiction over that offense and all subsequent offenses and

the child shall be prosecuted for the offense by the court which would have jurisdiction if committed

by an adult, unless the presumption is rebutted by clear and convincing evidence which

demonstrates that the person is amenable to treatment in family court facilities.

     (2) A waiver of jurisdiction over a child pursuant to subdivision (1) of this subsection shall

constitute a waiver of jurisdiction over that child for that offense and for all subsequent offenses of

whatever nature, and the child shall be referred to the court which would have had jurisdiction if

the offense had been committed by an adult.

     (h) The name of any person waived or certified and convicted shall be available to the

general public.

     14-1-36. Commitment of delinquent and wayward children.

     (a) In all proceedings under this chapter, the court may order a delinquent or wayward child

to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth

birthday; provided, however, that the court, upon motion by the child’s representative, or sua

sponte, may extend jurisdiction over the child until the age of twenty-one (21) if the court finds that

it is in the best interest of the child to remain confined and under the jurisdiction of the juvenile

system. However, nothing contained in this section shall be construed to prohibit the placing of any

child in the custody of the department of children, youth and families or any other agency, society,

or institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be

by an order and all assignments of the custody of dependent, neglected, delinquent, or wayward

children to the state training school for youth or to the custody of the department of children, youth

and families or to any of the private institutions, agencies, or societies mentioned in this chapter

shall be by a decree signed by the justice of the court by whom the order or decree is issued, and

that order or decree shall be directed to any person that the court may designate, and shall require

that person to take the child and deliver him or her to the officer in charge of the training school

for youth or to the custody of the director of children, youth and families or of the public or private

institution, agency, or society, and the order or decree shall constitute the person charged with it,

while he or she has the order in his or her possession for service, an officer for all purposes under

this chapter, in any county of the state in which it may be necessary for him or her to go. The person

charged with carrying out the order or decree shall also deliver to the officer of the public or private

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institution, agency, or society or to the training school for youth or the director of children, youth

and families a copy of the order or the decree signed by the justice of the court issuing it, and

subject to the provisions of this chapter, the officer and other authorities in charge of the training

school for youth or the director of children, youth and families or any public or private institution,

agency, or society shall hold the child according to the terms of any other order or decree that may

from time to time thereafter be issued by the court in relation to the child.

     (b) Whenever the court shall commit a child to the training school for youth or to the

director of children, youth and families or any other institution or agency, it shall transmit with the

order of commitment a summary of its information concerning the child.

     SECTION 2. This act shall take effect upon passage.

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LC004848

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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

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     This act would permit the family court to retain jurisdiction over juveniles and allow the

family court to order juveniles detained in the training school until the age of twenty-one if the

court finds that it is in the best interest of the child.

     This act would take effect upon passage.

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