Rhode Island 2023 Regular Session

Rhode Island House Bill H5458 Compare Versions

Only one version of the bill is available at this time.

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5	5	2023 -- H 5458
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7	7	LC001394
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9	9	S TATE OF RHODE IS LAND
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2023
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDR EN,
16	16	YOUTH AND FAMILIES
17	17	Introduced By: Representatives Casimiro, Kislak, Noret, Lima, Serpa, Shallcross Smith,
18	18	Cotter, Diaz, Chippendale, and Roberts
19	19	Date Introduced: February 08, 2023
20	20	Referred To: House State Government & Elections
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Section 42-72-15 of the General Laws in Chapter 42-72 entitled "Department 1
25	25	of Children, Youth and Families" is hereby amended to read as follows: 2
26	26	42-72-15. Children’s bill of rights. 3
27	27	(a) No child placed or treated under the supervision of the department in any public or 4
28	28	private facility shall be deprived of any personal property or civil rights, except in accordance with 5
29	29	due process. 6
30	30	(b) Each child placed or treated under the supervision of the department in any public or 7
31	31	private facility shall receive humane and dignified treatment at all times, with full respect for the 8
32	32	child’s personal dignity and right to privacy, consistent with the child’s treatment plan. 9
33	33	(c) Each child placed in a secure facility under the supervision of the department shall be 10
34	34	permitted to communicate with any individual, group, or agency consistent with the child’s 11
35	35	treatment objectives; shall be provided writing materials and postage; and shall be permitted to 12
36	36	make or receive telephone calls to or from his or her attorneys, guardians ad litem, special 13
37	37	advocates, or child advocate at any reasonable time. 14
38	38	(d) The department shall adopt rules and regulations pursuant to the Administrative 15
39	39	Procedures Act, chapter 35 of this title, regarding children placed in secure facilities to specify the 16
40	40	following: 17
41	41	(1) When a child may be placed in restraint or seclusion or when force may be used upon 18
42	42
43	43
44	44	LC001394 - Page 2 of 5
45	45	a child; 1
46	46	(2) When the head of a facility may limit the use or receipt of mail by any child and a 2
47	47	procedure for return of unopened mail; and 3
48	48	(3) When the head of a facility may restrict the use of a telephone by any child. 4
49	49	(e) A copy of any order placing a child at a secure facility under the supervision of the 5
50	50	department in restraint or seclusion shall be made a part of the child’s permanent clinical record. 6
51	51	In addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in 7
52	52	writing; signed by the head of the facility or the facility head’s designee; and made a part of the 8
53	53	child’s permanent clinical record. 9
54	54	(f) Each child placed or treated in a secure facility under the supervision of the department 10
55	55	shall be permitted to receive visitors subject to reasonable restriction consistent with the child’s 11
56	56	treatment plan. The head of each facility shall establish visiting hours and inform all children and 12
57	57	their families and other visitors of these hours. Any special restrictions shall be noted in writing; 13
58	58	signed by the head of the facility or his or her designee; and made a part of the child’s permanent 14
59	59	clinical record. 15
60	60	(g) Each child may receive his or her clergyman, attorney, guardian ad litem, special 16
61	61	advocate, or child advocate at any reasonable time. 17
62	62	(h) No person shall be denied employment, housing, civil service rank, any license or 18
63	63	permit, including a professional license, or any other civil or legal right, solely because of a present 19
64	64	or past placement with the department except as otherwise provided by statute. 20
65	65	(i) Each child under the supervision of the department shall have the right to counsel and 21
66	66	the right to receive visits from physicians and mental health professionals. 22
67	67	(j) Each child and youth, under the supervision of the department, including those in the 23
68	68	voluntary extension of care program shall be provided a team of educational advocates to ensure 24
69	69	the child’s educational planning, progress and success. The team shall include the following, who 25
70	70	shall be required to attend meetings on a regular basis to ensure success of the child’s educational 26
71	71	planning: 27
72	72	(1) The child’s DCYF caseworker and/or the supervisor; 28
73	73	(2) The principal of the child’s school, or designee; 29
74	74	(3) The child’s teacher; 30
75	75	(4) The child's guidance counselor; 31
76	76	(5) Legal counsel for the school district; 32
77	77	(6) The child’s clinician; 33
78	78	(7) An educational advocate for the child who shall be appointed by the department; 34
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82	82	(8) The child’s guardian ad litem; 1
83	83	(9) The child’s parents; 2
84	84	(10) An attorney, if one is appointed for the child, from the office of the court appointed 3
85	85	special advocate (CASA); 4
86	86	(11) The child if age sixteen (16) or over; and 5
87	87	(12) The child, if under the age of sixteen (16), when the team determines he or she should 6
88	88	attend any meeting of the team. 7
89	89	(j)(k) Each child shall have a right to a hearing, pursuant to rules and regulations 8
90	90	promulgated by the department, if the child is involuntarily transferred by the department to any 9
91	91	facility outside of the state in accordance with the procedure set forth in § 42-72-14. 10
92	92	(k)(l) The children’s bill of rights shall be posted in a conspicuous place within any secure 11
93	93	facility for the residential housing of children. 12
94	94	(l)(m)Every deliverer of services with whom the department enters into a purchased 13
95	95	services agreement shall agree, in writing, to observe and post in a conspicuous place, the children’s 14
96	96	bill of rights. 15
97	97	(m)(n) Any child aggrieved by a violation of the children’s bill of rights may petition the 16
98	98	family court for appropriate equitable relief. The family court shall have exclusive original 17
99	99	jurisdiction, notwithstanding any remedy contained in chapter 35 of this title. 18
100	100	(n)(o) A child victim or witness shall be afforded the protections of § 12-28-9 under the 19
101	101	direction of the department of children, youth and families, and the department shall advise the 20
102	102	court and the police and the prosecutor on the capacity of the child victim to understand and 21
103	103	participate in the investigation and in the court proceedings and of the potential effect of the 22
104	104	proceedings on the child. 23
105	105	(o)(p) Every child placed in the care of the department of children, youth and families shall 24
106	106	be entitled to a free appropriate education, in accordance with state and federal law. Immediately 25
107	107	upon the assumption of that care, the department shall provide for the enrollment of each child in 26
108	108	a school program. During the time that the child shall remain in that care, the department and 27
109	109	appropriate state and local education agencies shall coordinate their efforts in order to provide for 28
110	110	the timely initiation and continuation of educational services. 29
111	111	(p)(q) No person shall be denied access to available treatment for an alcohol- or drug-30
112	112	related condition solely because of a present or past placement with the department. 31
113	113	(q)(r) No child shall be discriminated against on the basis of race, color, religion, ancestry, 32
114	114	national origin, gender, sexual orientation, gender identity or expression, socioeconomic status or 33
115	115	mental, physical, developmental, or sensory disability, or by association with an individual or group 34
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119	119	who has, or is perceived to have one, or more of such characteristics. 1
120	120	SECTION 2. This act shall take effect upon passage. 2
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122	122	LC001394
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127	127	EXPLANATION
128	128	BY THE LEGISLATIVE COUNCIL
129	129	OF
130	130	A N A C T
131	131	RELATING TO STATE AFFAIRS AND GOVERNMENT -- DEPARTMENT OF CHILDR EN,
132	132	YOUTH AND FAMILIES
133	133	***
134	134	This act would require that each child under the supervision of the department of children, 1
135	135	youth and families be provided a team of educational advocates which would be required to attend 2
136	136	meetings on a regular basis to ensure the child’s educational planning, progress and success. 3
137	137	This act would take effect upon passage. 4
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139	139	LC001394
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