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| 4 | 4 | | |
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| 5 | 5 | | 2025 -- H 5345 |
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| 6 | 6 | | ======== |
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| 7 | 7 | | LC001119 |
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| 8 | 8 | | ======== |
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| 9 | 9 | | S T A T E O F R H O D E I S L A N D |
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| 10 | 10 | | IN GENERAL ASSEMBLY |
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| 11 | 11 | | JANUARY SESSION, A.D. 2025 |
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| 12 | 12 | | ____________ |
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| 13 | 13 | | |
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| 14 | 14 | | A N A C T |
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| 15 | 15 | | RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN |
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| 16 | 16 | | FAMILY COURT |
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| 17 | 17 | | Introduced By: Representatives Casimiro, Noret, Spears, Donovan, Speakman, Morales, |
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| 18 | 18 | | and Read |
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| 19 | 19 | | Date Introduced: February 07, 2025 |
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| 20 | 20 | | Referred To: House Judiciary |
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| 21 | 21 | | |
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| 22 | 22 | | |
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| 23 | 23 | | It is enacted by the General Assembly as follows: |
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| 24 | 24 | | SECTION 1. Section 14-1-6 of the General Laws in Chapter 14-1 entitled "Proceedings in 1 |
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| 25 | 25 | | Family Court" is hereby amended to read as follows: 2 |
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| 26 | 26 | | 14-1-6. Retention of jurisdiction. 3 |
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| 27 | 27 | | (a) When the court shall have obtained jurisdiction over any child prior to the child having 4 |
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| 28 | 28 | | attained the age of eighteen (18) years by the filing of a petition alleging that the child is wayward 5 |
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| 29 | 29 | | or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter, 6 |
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| 30 | 30 | | continue under the jurisdiction of the court until he or she becomes nineteen (19) years of age, 7 |
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| 31 | 31 | | unless discharged prior to turning nineteen (19). 8 |
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| 32 | 32 | | (b) When the court shall have obtained jurisdiction over any child prior to the child’s 9 |
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| 33 | 33 | | eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition alleging that the 10 |
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| 34 | 34 | | child is wayward, delinquent, dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 11 |
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| 35 | 35 | | or 42-72-14 or any child in the care and custody of the state, the child shall, except as specifically 12 |
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| 36 | 36 | | provided in this chapter, continue under the jurisdiction of the court until he or she becomes 13 |
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| 37 | 37 | | eighteen (18) years of age; provided, that at least six (6) months prior to a child turning eighteen 14 |
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| 38 | 38 | | (18) years of age, the court shall require the department of children, youth and families to provide 15 |
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| 39 | 39 | | a description of the transition services including the child’s housing, health insurance, education 16 |
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| 40 | 40 | | and/or employment plan; available mentors and continuing support services, including workforce 17 |
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| 41 | 41 | | supports and employment services afforded the child in placement; or a detailed explanation as to 18 |
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| 42 | 42 | | |
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| 43 | 43 | | |
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| 44 | 44 | | LC001119 - Page 2 of 7 |
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| 45 | 45 | | the reason those services were not offered. As part of the transition planning, the child shall be 1 |
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| 46 | 46 | | informed by the department of the opportunity to voluntarily agree to extended care and placement 2 |
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| 47 | 47 | | by the department and legal supervision by the court until age twenty-one (21) twenty-six (26). The 3 |
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| 48 | 48 | | details of a child’s transition plan shall be developed in consultation with the child, wherever 4 |
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| 49 | 49 | | possible, and approved by the court prior to the dismissal of an abuse, neglect, dependency, or 5 |
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| 50 | 50 | | miscellaneous petition before the child’s twenty-first twenty-sixth birthday. 6 |
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| 51 | 51 | | (c) A child, who is in foster care on their eighteenth birthday due to the filing of a 7 |
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| 52 | 52 | | miscellaneous petition or a petition alleging that the child is wayward, delinquent, dependent, 8 |
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| 53 | 53 | | neglected, or abused pursuant to § 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to 9 |
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| 54 | 54 | | continue responsibility for care and placement from DCYF and to remain under the legal 10 |
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| 55 | 55 | | supervision of the court as a young adult until age twenty-one (21) twenty-six (26), provided: 11 |
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| 56 | 56 | | (1) The young adult was in the legal custody of the department at age eighteen (18); and 12 |
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| 57 | 57 | | (2) The young adult is participating in at least one of the following: 13 |
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| 58 | 58 | | (i) Completing the requirements to receive a high school diploma or GED; 14 |
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| 59 | 59 | | (ii) Completing a secondary education or a program leading to an equivalent credential; 15 |
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| 60 | 60 | | enrolled in an institution that provides postsecondary or vocational education; 16 |
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| 61 | 61 | | (iii) Participating in a job-training program or an activity designed to promote or remove 17 |
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| 62 | 62 | | barriers to employment; 18 |
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| 63 | 63 | | (iv) Is employed for at least eighty (80) hours per month; or 19 |
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| 64 | 64 | | (v) Is incapable of doing any of the foregoing due to a medical condition that is regularly 20 |
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| 65 | 65 | | updated and documented in the case plan. 21 |
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| 66 | 66 | | (d) A former foster child who was adopted or placed in guardianship with an adoption 22 |
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| 67 | 67 | | assistance agreement or a guardianship assistance agreement that was executed on or after his or 23 |
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| 68 | 68 | | her sixteenth birthday and prior to his or her eighteenth birthday, or a former foster child who was 24 |
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| 69 | 69 | | reunified prior to their eighteenth birthday and reunification is not successful, may voluntarily agree 25 |
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| 70 | 70 | | to extended care and placement by the department and legal supervision by the court until age 26 |
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| 71 | 71 | | twenty-one (21) twenty-six (26) if the young adult satisfies the requirements in subsection (c)(2). 27 |
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| 72 | 72 | | Provided, however, the department retains the right to review the request and first attempt to 28 |
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| 73 | 73 | | address the issues through the adoption assistance agreement by providing post adoptive or post 29 |
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| 74 | 74 | | guardianship support services to the young adult and his or her adoptive or guardianship family. 30 |
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| 75 | 75 | | (e) Upon the request of the young adult, who voluntarily agreed to the extension of care 31 |
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| 76 | 76 | | and placement by the department and legal supervision by the court, pursuant to subsections (c) 32 |
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| 77 | 77 | | and (d) of this section, the court’s legal supervision and the department’s responsibility for care 33 |
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| 78 | 78 | | and placement may be terminated. Provided, however, the young adult may request reinstatement 34 |
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| 79 | 79 | | |
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| 80 | 80 | | |
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| 81 | 81 | | LC001119 - Page 3 of 7 |
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| 82 | 82 | | of responsibility and resumption of the court’s legal supervision at any time prior to his or her 1 |
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| 83 | 83 | | twenty-first twenty sixth birthday if the young adult meets the requirements set forth in subsection 2 |
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| 84 | 84 | | (c)(2). If the department wishes to terminate the court’s legal supervision and its responsibility for 3 |
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| 85 | 85 | | care and placement, it may file a motion for good cause. The court may exercise its discretion to 4 |
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| 86 | 86 | | terminate legal supervision over the young adult at any time. 5 |
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| 87 | 87 | | (f) With the consent of the person previously under the court’s supervision, the court may 6 |
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| 88 | 88 | | reopen, extend, or retain its jurisdiction beyond that person’s twenty-first birthday until his or her 7 |
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| 89 | 89 | | twenty-second birthday or until September 30, 2021, whichever date occurs first, under the 8 |
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| 90 | 90 | | following circumstances: 9 |
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| 91 | 91 | | (1) The person aged out of DCYF care or left foster care during the COVID-19 public 10 |
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| 92 | 92 | | health emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits 11 |
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| 93 | 93 | | pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and 12 |
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| 94 | 94 | | (2) The court has or had obtained jurisdiction over the person prior to his or her eighteenth 13 |
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| 95 | 95 | | birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, 14 |
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| 96 | 96 | | abused, or neglected pursuant to § 14-1-5, § 40-11-7, or § 42-72-14 or after the person’s eighteenth 15 |
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| 97 | 97 | | birthday pursuant to a voluntary extension of care petition; and 16 |
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| 98 | 98 | | (3) Court supervision is necessary for the department of children, youth and families to 17 |
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| 99 | 99 | | access IV-E funding to support such benefits, in whole or in part; and 18 |
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| 100 | 100 | | (4) Court supervision is required to continue transition planning and to ensure the safety, 19 |
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| 101 | 101 | | permanency, and well-being of older youth who remain in or who age out of foster care and re-20 |
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| 102 | 102 | | enter foster care. 21 |
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| 103 | 103 | | (g) The court may retain jurisdiction of any child who is seriously emotionally disturbed 22 |
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| 104 | 104 | | or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one 23 |
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| 105 | 105 | | (21) when the court shall have obtained jurisdiction over any child prior to the child’s eighteenth 24 |
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| 106 | 106 | | birthday by the filing of a miscellaneous petition or a petition alleging that the child is dependent, 25 |
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| 107 | 107 | | neglected, and/or abused pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14. 26 |
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| 108 | 108 | | (h) The department of children, youth and families shall work collaboratively with the 27 |
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| 109 | 109 | | department of behavioral healthcare, developmental disabilities and hospitals, and other agencies, 28 |
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| 110 | 110 | | in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals 29 |
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| 111 | 111 | | who come under the court’s jurisdiction pursuant to a petition alleging that the child is dependent, 30 |
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| 112 | 112 | | neglected, and/or abused and who are seriously emotionally disturbed or developmentally delayed 31 |
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| 113 | 113 | | pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the 32 |
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| 114 | 114 | | department of children, youth and families and the department of behavioral healthcare, 33 |
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| 115 | 115 | | developmental disabilities and hospitals. The plan shall include the behavioral healthcare, 34 |
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| 116 | 116 | | |
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| 117 | 117 | | |
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| 118 | 118 | | LC001119 - Page 4 of 7 |
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| 119 | 119 | | developmental disabilities and hospitals’ community or residential service level, health insurance 1 |
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| 120 | 120 | | option, education plan, available mentors, continuing support services, workforce supports and 2 |
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| 121 | 121 | | employment services, and the plan shall be provided to the court at least twelve (12) months prior 3 |
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| 122 | 122 | | to discharge. At least three (3) months prior to discharge, the plan shall identify the specific 4 |
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| 123 | 123 | | placement for the child, if a residential placement is needed. The court shall monitor the transition 5 |
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| 124 | 124 | | plan. In the instance where the department of behavioral healthcare, developmental disabilities and 6 |
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| 125 | 125 | | hospitals has not made timely referrals to appropriate placements and services, the department of 7 |
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| 126 | 126 | | children, youth and families may initiate referrals. 8 |
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| 127 | 127 | | (i) The parent and/or guardian and/or guardian ad litem of a child who is seriously 9 |
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| 128 | 128 | | emotionally disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is 10 |
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| 129 | 129 | | before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), § 40-11-7, or § 42-72-14, shall 11 |
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| 130 | 130 | | be entitled to a transition hearing, as needed, when the child reaches the age of twenty (20) if no 12 |
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| 131 | 131 | | appropriate transition plan has been submitted to the court by the department of children, youth and 13 |
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| 132 | 132 | | families and the department of behavioral healthcare, developmental disabilities and hospitals. The 14 |
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| 133 | 133 | | family court shall require that the department of behavioral healthcare, developmental disabilities 15 |
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| 134 | 134 | | and hospitals shall immediately identify a liaison to work with the department of children, youth 16 |
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| 135 | 135 | | and families until the child reaches the age of twenty-one (21) and an immediate transition plan be 17 |
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| 136 | 136 | | submitted if the following facts are found: 18 |
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| 137 | 137 | | (1) No suitable transition plan has been presented to the court addressing the levels of 19 |
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| 138 | 138 | | service appropriate to meet the needs of the child as identified by the department of behavioral 20 |
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| 139 | 139 | | healthcare, developmental disabilities and hospitals; or 21 |
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| 140 | 140 | | (2) No suitable housing options, health insurance, educational plan, available mentors, 22 |
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| 141 | 141 | | continuing support services, workforce supports, and employment services have been identified for 23 |
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| 142 | 142 | | the child. 24 |
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| 143 | 143 | | (j) In any case where the court shall not have acquired jurisdiction over any person prior to 25 |
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| 144 | 144 | | the person’s eighteenth (18th) birthday by the filing of a petition alleging that the person had 26 |
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| 145 | 145 | | committed an offense, but a petition alleging that the person had committed an offense that would 27 |
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| 146 | 146 | | be punishable as a felony if committed by an adult has been filed before that person attains the age 28 |
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| 147 | 147 | | of nineteen (19) years of age, that person shall, except as specifically provided in this chapter, be 29 |
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| 148 | 148 | | subject to the jurisdiction of the court until he or she becomes nineteen (19) years of age, unless 30 |
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| 149 | 149 | | discharged prior to turning nineteen (19). 31 |
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| 150 | 150 | | (k) In any case where the court shall not have acquired jurisdiction over any person prior 32 |
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| 151 | 151 | | to the person attaining the age of nineteen (19) years by the filing of a petition alleging that the 33 |
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| 152 | 152 | | person had committed an offense prior to the person attaining the age of eighteen (18) years that 34 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | LC001119 - Page 5 of 7 |
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| 156 | 156 | | would be punishable as a felony if committed by an adult, that person shall be referred to the court 1 |
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| 157 | 157 | | that had jurisdiction over the offense if it had been committed by an adult. The court shall have 2 |
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| 158 | 158 | | jurisdiction to try that person for the offense committed prior to the person attaining the age of 3 |
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| 159 | 159 | | eighteen (18) years and, upon conviction, may impose a sentence not exceeding the maximum 4 |
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| 160 | 160 | | penalty provided for the conviction of that offense. 5 |
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| 161 | 161 | | (l) In any case where the court has certified and adjudicated a child in accordance with the 6 |
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| 162 | 162 | | provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and 7 |
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| 163 | 163 | | authority to sentence the child to a period in excess of the age of nineteen (19) years. However, in 8 |
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| 164 | 164 | | no case shall the sentence be in excess of the maximum penalty provided by statute for the 9 |
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| 165 | 165 | | conviction of the offense. 10 |
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| 166 | 166 | | (m) Nothing in this section shall be construed to affect the jurisdiction of other courts over 11 |
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| 167 | 167 | | offenses committed by any person after he or she reaches the age of eighteen (18) years. 12 |
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| 168 | 168 | | SECTION 2. Section 40-11-12.5 of the General Laws in Chapter 40-11 entitled "Abused 13 |
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| 169 | 169 | | and Neglected Children" is hereby amended to read as follows: 14 |
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| 170 | 170 | | 40-11-12.5. Review of young adults under the court’s legal supervision and receiving 15 |
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| 171 | 171 | | care and placement services from DCYF. 16 |
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| 172 | 172 | | (a) In the case of a young adult, between the ages of eighteen (18) and twenty-one (21) 17 |
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| 173 | 173 | | twenty-six (26), who has executed a voluntary placement agreement for continued care and 18 |
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| 174 | 174 | | placement responsibility from the department and for legal supervision of the court, the 19 |
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| 175 | 175 | | permanency plan shall document the reasonable efforts made by the department and the young 20 |
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| 176 | 176 | | adult to finalize a permanency plan that addresses the goal of preparing the young adult for 21 |
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| 177 | 177 | | independence and successful adulthood. This includes, but is not limited to, housing assistance to 22 |
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| 178 | 178 | | obtain supervised independent living arrangements, shared living arrangements or extended foster 23 |
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| 179 | 179 | | and kinship care; education, vocational assessment, job training and employment plan needed to 24 |
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| 180 | 180 | | transition the young adult to self-sufficiency; assisting the young adult in obtaining educational 25 |
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| 181 | 181 | | goals; a job, employment/vocational skills; any other services and supports that will assist the 26 |
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| 182 | 182 | | young adult in accessing available services; applying for public benefits; acquiring important 27 |
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| 183 | 183 | | documents, such as ID card, driver’s license, birth certificate, social security card, health insurance 28 |
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| 184 | 184 | | cards, medical records; attending to physical and mental health needs; maintaining relationships 29 |
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| 185 | 185 | | with individuals who are important to them and acquiring information about siblings and other 30 |
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| 186 | 186 | | maternal and paternal relatives. 31 |
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| 187 | 187 | | (b) Initial judicial determination — The department must petition the court to make a 32 |
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| 188 | 188 | | determination whether remaining in foster care is in the young adult’s best interests. 33 |
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| 189 | 189 | | The court must make a determination within one hundred eighty (180) days of the signing 34 |
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| 190 | 190 | | |
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| 191 | 191 | | |
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| 192 | 192 | | LC001119 - Page 6 of 7 |
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| 193 | 193 | | of the voluntary placement agreement whether remaining in foster care is in the young adult’s best 1 |
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| 194 | 194 | | interest. 2 |
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| 195 | 195 | | (c) The court shall conduct a permanency hearing within one year after the young adult and 3 |
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| 196 | 196 | | the department execute a voluntary placement agreement and annually thereafter. At the 4 |
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| 197 | 197 | | permanency hearing, the department shall present a written case plan to the court for approval that 5 |
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| 198 | 198 | | details the necessary services, care and placement the young adult shall receive to assist the 6 |
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| 199 | 199 | | transition to independence and successful adulthood. 7 |
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| 200 | 200 | | The court must determine whether the department has made reasonable efforts to finalize 8 |
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| 201 | 201 | | a permanency goal of preparing the young adult for successful transition to independence. 9 |
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| 202 | 202 | | (d) Notice of the court hearings shall be served by the department upon all parties in interest 10 |
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| 203 | 203 | | in accordance with the rules of child welfare procedure of the family court. 11 |
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| 204 | 204 | | (e) Periodic formal reviews, shall be held not less than once every one hundred eighty (180) 12 |
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| 205 | 205 | | days to assess the progress and case plan of any young adult under the court’s legal supervision and 13 |
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| 206 | 206 | | under the care and placement responsibility of DCYF pursuant to a voluntary agreement for 14 |
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| 207 | 207 | | extension of care. 15 |
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| 208 | 208 | | The permanency plan shall be reviewed by the court at least once every twelve (12) months 16 |
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| 209 | 209 | | at a permanency hearing and by the department in an administrative review within one hundred 17 |
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| 210 | 210 | | eighty (180) days after the permanency hearing. The young adult is expected to participate in case 18 |
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| 211 | 211 | | planning and periodic reviews. 19 |
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| 212 | 212 | | SECTION 3. This act shall take effect upon passage. 20 |
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| 213 | 213 | | ======== |
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| 214 | 214 | | LC001119 |
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| 215 | 215 | | ======== |
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| 216 | 216 | | |
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| 217 | 217 | | |
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| 218 | 218 | | LC001119 - Page 7 of 7 |
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| 219 | 219 | | EXPLANATION |
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| 220 | 220 | | BY THE LEGISLATIVE COUNCIL |
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| 221 | 221 | | OF |
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| 222 | 222 | | A N A C T |
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| 223 | 223 | | RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN |
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| 224 | 224 | | FAMILY COURT |
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| 225 | 225 | | *** |
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| 226 | 226 | | This act would extend the voluntary extension of care (VEC) program pursuant to § 14-1-1 |
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| 227 | 227 | | 6 to all children in the care and custody of the state including, but not limited to, children in the 2 |
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| 228 | 228 | | juvenile justice system and children who attain reunification prior to their eighteenth birthday, 3 |
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| 229 | 229 | | however, the reunification is not successful. 4 |
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| 230 | 230 | | This act would take effect upon passage. 5 |
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| 231 | 231 | | ======== |
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| 232 | 232 | | LC001119 |
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| 233 | 233 | | ======== |
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