Rhode Island 2025 Regular Session

Rhode Island Senate Bill S0577 Compare Versions

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

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5	5	2025 -- S 0577
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7	7	LC001638
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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: Senators Acosta, Quezada, Valverde, DiMario, Mack, Euer, and Bell
18	18	Date Introduced: February 26, 2025
19	19	Referred To: Senate Judiciary
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21	21
22	22	It is enacted by the General Assembly as follows:
23	23	SECTION 1. Sections 14-1-27 and 14-1-36 of the General Laws in Chapter 14-1 entitled 1
24	24	"Proceedings in Family Court" are hereby amended to read as follows: 2
25	25	14-1-27. Temporary detention in public or private institutions. 3
26	26	(a) Subject to § 14-1-11, provision may be made by the family court for the temporary 4
27	27	detention of children at the training school for youth or in the custody of the director of the 5
28	28	department of children, youth and families. Provided, the family court shall not detain any youth 6
29	29	age twelve (12) years or younger at the training school for any offense unless the child is charged 7
30	30	with murder, first degree sexual assault, or an attempt to commit such offenses. The court may 8
31	31	authorize the temporary placement of children in private homes licensed and approved by the 9
32	32	department of children, youth and families and subject to the supervision of the court, or may 10
33	33	arrange with any incorporated institution or agency licensed for child care, to receive for temporary 11
34	34	care children ordered detained by the court. Unless good cause is shown to delay the 12
35	35	commencement of the adjudicatory hearing, if a child is in detention, the family court shall 13
36	36	commence the adjudicatory hearing within thirty (30) calendar days from whichever of the 14
37	37	following events occurs latest: the date the petition is served on the child; or the date the child is 15
38	38	placed in detention. In all such cases, the family court shall conclude the adjudicatory hearing 16
39	39	within fifteen (15) calendar days of the commencement of the hearing unless good cause is shown 17
40	40	to extend an adjudicatory hearing beyond fifteen (15) calendar days. 18
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44	44	(b) In any case wherein the attorney general files an application to waive and/or certify a 1
45	45	youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) 2
46	46	days. In such cases, the department shall present to the family court a waiver report within forty-3
47	47	five (45) calendar days. At the expiration of ninety (90) days, the attorney general’s petition for 4
48	48	waiver and/or certification shall be decided by the family court, unless good cause is shown to 5
49	49	extend the time upon which the family court may render such a decision. 6
50	50	(c) When DCYF makes application to the court to take a child into temporary custody due 7
51	51	to allegations of abuse and/or neglect or dependency, DCYF shall have the duty to investigate the 8
52	52	possibility of placing the child or children with a fit and willing relative not residing with the 9
53	53	parents. DCYF shall conduct an assessment into the appropriateness of placement of the child or 10
54	54	children with the relative within thirty (30) days of the child’s placement in the temporary custody 11
55	55	of DCYF. If the department determines that the relative is a fit and proper person to have placement 12
56	56	of the child, the child shall be placed with that relative, unless the particular needs of the child make 13
57	57	the placement contrary to the child’s best interests. All placements with relatives shall be subject 14
58	58	to criminal records checks in accordance with § 14-1-34, foster care regulations promulgated by 15
59	59	DCYF, and interstate compact approval, if necessary. 16
60	60	(d) If DCYF proposes to place the child with a relative outside the state of Rhode Island, 17
61	61	DCYF shall notify the parent who shall have an opportunity to file an objection to the placement 18
62	62	with the family court within ten (10) days of receipt of the notice. A hearing shall be held before 19
63	63	the child is placed outside the state of Rhode Island. 20
64	64	(e) If the request of a relative for placement of a child or children is denied by DCYF, that 21
65	65	relative shall have the right to petition the court for review. The court shall within five (5) days of 22
66	66	the request conduct a hearing as to the suitability of temporary placement with the relative and shall 23
67	67	make any orders incident to placement that it deems meet and just. 24
68	68	(f) Whenever the court determines that permanent placement or adoption is in the best 25
69	69	interest of a child, a fit and willing relative who has been awarded placement of the child shall be 26
70	70	given priority over a non-relative, provided that the placement or adoption is in the best interest of 27
71	71	the child. 28
72	72	14-1-36. Commitment of delinquent and wayward children. 29
73	73	(a) In all proceedings under this chapter, the court may order a delinquent or wayward child 30
74	74	to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth 31
75	75	birthday. Provided, the family court shall not commit any youth age twelve (12) years or younger 32
76	76	at the training school for any offense other than murder, first degree sexual assault, or an attempt 33
77	77	to commit such offenses. Should a youth age twelve (12) years or younger be sentenced for such 34
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81	81	an offense, the family court shall not commit the youth to the training school unless the court 1
82	82	determines, in the court’s judgment, that there are no other reasonable placement locations and/or 2
83	83	conditions that will ensure the safety of the youth or any other person or persons. However, nothing 3
84	84	contained in this section shall be construed to prohibit the placing of any child in the custody of the 4
85	85	department of children, youth and families or any other agency, society, or institution, pursuant to 5
86	86	§ 14-1-32. The commitment of delinquent or wayward children shall be by an order and all 6
87	87	assignments of the custody of dependent, neglected, delinquent, or wayward children to the state 7
88	88	training school for youth or to the custody of the department of children, youth and families or to 8
89	89	any of the private institutions, agencies, or societies mentioned in this chapter shall be by a decree 9
90	90	signed by the justice of the court by whom the order or decree is issued, and that order or decree 10
91	91	shall be directed to any person that the court may designate, and shall require that person to take 11
92	92	the child and deliver him or her to the officer in charge of the training school for youth or to the 12
93	93	custody of the director of children, youth and families or of the public or private institution, agency, 13
94	94	or society, and the order or decree shall constitute the person charged with it, while he or she has 14
95	95	the order in his or her possession for service, an officer for all purposes under this chapter, in any 15
96	96	county of the state in which it may be necessary for him or her to go. The person charged with 16
97	97	carrying out the order or decree shall also deliver to the officer of the public or private institution, 17
98	98	agency, or society or to the training school for youth or the director of children, youth and families 18
99	99	a copy of the order or the decree signed by the justice of the court issuing it, and subject to the 19
100	100	provisions of this chapter, the officer and other authorities in charge of the training school for youth 20
101	101	or the director of children, youth and families or any public or private institution, agency, or society 21
102	102	shall hold the child according to the terms of any other order or decree that may from time to time 22
103	103	thereafter be issued by the court in relation to the child. 23
104	104	(b) Whenever the court shall commit a child to the training school for youth or to the 24
105	105	director of children, youth and families or any other institution or agency, it shall transmit with the 25
106	106	order of commitment a summary of its information concerning the child. 26
107	107	SECTION 2. This act shall take effect upon passage. 27
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114	114	EXPLANATION
115	115	BY THE LEGISLATIVE COUNCIL
116	116	OF
117	117	A N A C T
118	118	RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN
119	119	FAMILY COURT
120	120	***
121	121	This act would prohibit the family court from detaining any youth or committing any youth, 1
122	122	twelve (12) years or younger, to the training school, for any offense other than murder, first degree 2
123	123	sexual assault, or an attempt to commit such offenses, and the court determines that there is no 3
124	124	other reasonable placement to ensure the safety of the youth and the general public. 4
125	125	This act would take effect upon passage. 5
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127	127	LC001638
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