Rhode Island 2025 Regular Session

Rhode Island House Bill H5346 Compare Versions

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

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5	5	2025 -- H 5346
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7	7	LC001126
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9	9	S T A T E O F R H O D E I S L A N D
10	10	IN GENERAL ASSEMBLY
11	11	JANUARY SESSION, A.D. 2025
12	12	____________
13	13
14	14	A N A C T
15	15	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
16	16	FAMILY COURT
17	17	Introduced By: Representatives Stewart, Casimiro, Morales, Potter, Batista, Cruz,
18	18	Caldwell, McEntee, Kislak, and J. Lombardi
19	19	Date Introduced: February 07, 2025
20	20	Referred To: House Judiciary
21	21
22	22
23	23	It is enacted by the General Assembly as follows:
24	24	SECTION 1. Sections 14-1-27 and 14-1-36 of the General Laws in Chapter 14-1 entitled 1
25	25	"Proceedings in Family Court" are hereby amended to read as follows: 2
26	26	14-1-27. Temporary detention in public or private institutions. 3
27	27	(a) Subject to § 14-1-11, provision may be made by the family court for the temporary 4
28	28	detention of children at the training school for youth or in the custody of the director of the 5
29	29	department of children, youth and families. Provided, the family court shall not detain any juvenile 6
30	30	under the age of twelve (12) years at the training school for any offense unless the child is charged 7
31	31	with murder, first degree sexual assault, or an attempt to commit such offenses. The court may 8
32	32	authorize the temporary placement of children in private homes licensed and approved by the 9
33	33	department of children, youth and families and subject to the supervision of the court, or may 10
34	34	arrange with any incorporated institution or agency licensed for child care, to receive for temporary 11
35	35	care children ordered detained by the court. Unless good cause is shown to delay the 12
36	36	commencement of the adjudicatory hearing, if a child is in detention, the family court shall 13
37	37	commence the adjudicatory hearing within thirty (30) calendar days from whichever of the 14
38	38	following events occurs latest: the date the petition is served on the child; or the date the child is 15
39	39	placed in detention. In all such cases, the family court shall conclude the adjudicatory hearing 16
40	40	within fifteen (15) calendar days of the commencement of the hearing unless good cause is shown 17
41	41	to extend an adjudicatory hearing beyond fifteen (15) calendar days. 18
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45	45	(b) In any case wherein the attorney general files an application to waive and/or certify a 1
46	46	youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) 2
47	47	days. In such cases, the department shall present to the family court a waiver report within forty-3
48	48	five (45) calendar days. At the expiration of ninety (90) days, the attorney general’s petition for 4
49	49	waiver and/or certification shall be decided by the family court, unless good cause is shown to 5
50	50	extend the time upon which the family court may render such a decision. 6
51	51	(c) When DCYF makes application to the court to take a child into temporary custody due 7
52	52	to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the 8
53	53	possibility of placing the child or children with a fit and willing relative not residing with the 9
54	54	parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or 10
55	55	children with the relative within thirty (30) days of the child’s placement in the temporary custody 11
56	56	of DCYF. If the department determines that the relative is a fit and proper person to have placement 12
57	57	of the child, the child shall be placed with that relative, unless the particular needs of the child make 13
58	58	the placement contrary to the child’s best interests. All placements with relatives shall be subject 14
59	59	to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by 15
60	60	DCYF, and interstate compact approval, if necessary. 16
61	61	(d) If DCYF proposes to place the child with a relative outside the state of Rhode Island, 17
62	62	DCYF shall notify the parent who shall have an opportunity to file an objection to the placement 18
63	63	with the family court within ten (10) days of receipt of the notice. A hearing shall be held before 19
64	64	the child is placed outside the state of Rhode Island. 20
65	65	(e) If the request of a relative for placement of a child or children is denied by DCYF, that 21
66	66	relative shall have the right to petition the court for review. The court shall within five (5) days of 22
67	67	the request conduct a hearing as to the suitability of temporary placement with the relative and shall 23
68	68	make any orders incident to placement that it deems meet and just. 24
69	69	(f) Whenever the court determines that permanent placement or adoption is in the best 25
70	70	interest of a child, a fit and willing relative who has been awarded placement of the child shall be 26
71	71	given priority over a non-relative, provided that the placement or adoption is in the best interest of 27
72	72	the child. 28
73	73	14-1-36. Commitment of delinquent and wayward children. 29
74	74	(a) In all proceedings under this chapter, the court may order a delinquent or wayward child 30
75	75	to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth 31
76	76	birthday. Provided, the family court shall not commit any juvenile under the age of twelve (12) 32
77	77	years to the training school for any offense other than murder, first degree sexual assault, or an 33
78	78	attempt to commit such offenses. Should a juvenile under the age of twelve (12) years be sentenced 34
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82	82	for such an offense, the family court shall not commit the juvenile to the training school unless the 1
83	83	court determines, in the court's judgment, that there are no other reasonable placement locations 2
84	84	and/or conditions that will ensure the safety of the juvenile or any other person or persons. 3
85	85	However, nothing contained in this section shall be construed to prohibit the placing of any child 4
86	86	in the custody of the department of children, youth and families or any other agency, society, or 5
87	87	institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be by 6
88	88	an order and all assignments of the custody of dependent, neglected, delinquent, or wayward 7
89	89	children to the state training school for youth or to the custody of the department of children, youth 8
90	90	and families or to any of the private institutions, agencies, or societies mentioned in this chapter 9
91	91	shall be by a decree signed by the justice of the court by whom the order or decree is issued, and 10
92	92	that order or decree shall be directed to any person that the court may designate, and shall require 11
93	93	that person to take the child and deliver him or her to the officer in charge of the training school 12
94	94	for youth or to the custody of the director of children, youth and families or of the public or private 13
95	95	institution, agency, or society, and the order or decree shall constitute the person charged with it, 14
96	96	while he or she has the order in his or her possession for service, an officer for all purposes under 15
97	97	this chapter, in any county of the state in which it may be necessary for him or her to go. The person 16
98	98	charged with carrying out the order or decree shall also deliver to the officer of the public or private 17
99	99	institution, agency, or society or to the training school for youth or the director of children, youth 18
100	100	and families a copy of the order or the decree signed by the justice of the court issuing it, and 19
101	101	subject to the provisions of this chapter, the officer and other authorities in charge of the training 20
102	102	school for youth or the director of children, youth and families or any public or private institution, 21
103	103	agency, or society shall hold the child according to the terms of any other order or decree that may 22
104	104	from time to time thereafter be issued by the court in relation to the child. 23
105	105	(b) Whenever the court shall commit a child to the training school for youth or to the 24
106	106	director of children, youth and families or any other institution or agency, it shall transmit with the 25
107	107	order of commitment a summary of its information concerning the child. 26
108	108	SECTION 2. This act shall take effect upon passage. 27
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110	110	LC001126
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115	115	EXPLANATION
116	116	BY THE LEGISLATIVE COUNCIL
117	117	OF
118	118	A N A C T
119	119	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
120	120	FAMILY COURT
121	121	***
122	122	This act would prohibit the family court from detaining any juvenile or committing any 1
123	123	juvenile, under the age of twelve (12) years, to the training school, for any offense other than 2
124	124	murder, first degree sexual assault, or an attempt to commit such offenses, and the court determines 3
125	125	that there is no other reasonable placement to ensure the safety of the juvenile and the general 4
126	126	public. 5
127	127	This act would take effect upon passage. 6
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129	129	LC001126
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