Introduced By: Reps. Abdullah-Odiase, Slater, Shavers, Henseler and Benoit
Date Introduced : January 26, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 14-1-27 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:
14-1-27. Temporary detention in public or private institutions.
-- (a) Provision may be made by the court for the temporary
detention of children ordered to be detained, in homes to be provided
by the department of children, youth, and families, or the court
may arrange for the boarding of children temporarily in private
homes licensed and approved by the department of children, and
subject to the supervision of the court, or may arrange with any
incorporated institution or agency licensed for child care, to
receive for temporary care, children ordered detained by the court.
The detention shall not exceed thirty (30) days. The court, however,
may extend this time for an additional period of not more than
thirty (30) days if it considers it is for the best interest of
the child. {DEL The costs of detention shall not exceed one dollar
($1.00) per day and shall be paid by the department. DEL}
(b) {DEL If application for placement of a child or children
is timely made by grandparents, aunts, uncles, or siblings not
residing with the parents, the DEL} {ADD when DCYF makes application to the court to take a child into temporary custody due to allegations of abuse and/or neglect or dependency ADD}
{DEL When a child or children
are taken into custody DEL},
DCYF shall have the duty to investigate
the possibility of placing the child or children with a fit and
willing relative not residing with the parents. DCYF shall conduct
an assessment into the appropriateness of placement of the child
or children with such relative within thirty (30) days of the
child's placement in the temporary custody of {DEL a state institute
or agency or a licensed private agency, society, or institutionDEL} {ADD DCYF ADD} .
If the department determines that the relative is a fit and proper
person to have placement of the child, the child shall be placed
with that relative, unless the particular needs of the child make
the placement contrary to the child's best interests. All placements
with relatives shall be subject to criminal records checks in
accordance with 14-1-34 foster care regulations promulgated by
DCYF, and interstate compact approval, if necessary. ADD}
{DEL If the request of a relative for placement of a child or children
is denied by DCYF, that relative shall have the right to petition
the court for review. The court shall, within five (5) days
of the request, conduct a hearing as to the suitability of temporary
placement with {DEL those persons DEL} said relative
and shall make such orders incident thereto as it deems meet and
just. DEL}
{DEL Whenever the court determines that permanent placement or adoption
is in the best interest of a child, a fit and willing relative
who has been awarded placement of the child shall be given priority
over a nonrelative, provided that such placement or adoption is
in the best interest of the child. DEL}
{ADD (c) If DCYF proposes to place the child with a relative outside the State of Rhode Island, DCYF shall notify the parent who shall have an opportunity to file an objection to said placement with the Family Court within 10 days of receipt of said notice. A hearing shall be held before the child is placed outside the State of Rhode Island. ADD}
{ADD (d) If the request of a relative for placement of a child or children is denied by DCYF, that relative shall have the right to petition the court for review. The court shall within five (5) days of the request, conduct a hearing as to the suitability of temporary placement with said relative and shall make such orders incident thereto as it deems meet and just. ADD}
{ADD (e) Whenever the court determines that permanent placement or adoption is in the best interest of a child, a fit and willing relative who has been awarded placement of the child shall be given priority over a nonrelative, provided that such placement or adoption is in the best interest of the child. ADD}
SECTION 2. This act shall take effect upon passage.
