§ 14-1-27. Temporary detention in public or private institutions.
(a) Subject to § 14-1-11, provision may be made by the family court for the temporary detention of children at the training school for youth or in the custody of the director of the department of children, youth and families. The court may authorize the temporary placement of children in private homes licensed and approved by the department of children, youth and families 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. Unless good cause is shown to delay the commencement of the adjudicatory hearing, if a child is in detention, the family court shall commence the adjudicatory hearing within thirty (30) calendar days from whichever of the following events occurs latest: the date the petition is served on the child; or the date the child is placed in detention. In all such cases, the family court shall conclude the adjudicatory hearing within fifteen (15) calendar days of the commencement of the hearing unless good cause is shown to extend an adjudicatory hearing beyond fifteen (15) calendar days.
(b) In any case wherein the attorney general files an application to waive and/or certify a youth, the juvenile may be detained at the training school for a period not to exceed ninety (90) days. In such cases, the department shall present to the family court a waiver report within forty-five (45) calendar days. At the expiration of ninety (90) days, the attorney general’s petition for waiver and/or certification shall be decided by the family court, unless good cause is shown to extend the time upon which the family court may render such a decision.
(c) When DCYF makes application to the court to take a child into temporary custody due to allegations of abuse and/or neglect or dependency, 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 the relative within thirty (30) days of the child’s placement in the temporary custody of DCYF. 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.
(d) 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 the placement with the family court within ten (10) days of receipt of the notice. A hearing shall be held before the child is placed outside the state of Rhode Island.
(e) 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 the relative and shall make any orders incident to placement that it deems meet and just.
(f) 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 non-relative, provided that the placement or adoption is in the best interest of the child.
History of Section.P.L. 1944, ch. 1441, § 22; G.L. 1956, § 14-1-27; Reorg. Plan No. 1, 1970; P.L. 1986, ch. 156, § 1; P.L. 1999, ch. 84, § 1; P.L. 2001, ch. 77, art. 23, § 2; P.L. 2008, ch. 100, art. 17, § 9.
Structure Rhode Island General Laws
Title 14 - Delinquent and Dependent Children
Chapter 14-1 - Proceedings in Family Court
Section 14-1-1. - Short title.
Section 14-1-2. - Purpose of chapter.
Section 14-1-3. - Definitions.
Section 14-1-4. - Idleness or frequenting of disreputable places.
Section 14-1-5. - Exclusive jurisdiction.
Section 14-1-5.1. - Age in dispute.
Section 14-1-6. - Retention of jurisdiction.
Section 14-1-6.2. - Sentencing.
Section 14-1-7. - Waiver of jurisdiction or certification hearing.
Section 14-1-7.1. - Waiver of jurisdiction — Proof.
Section 14-1-7.2. - Certification — Proof.
Section 14-1-7.3. - Certification — Effect.
Section 14-1-7.4. - Waiver or certification of juvenile drug offenders.
Section 14-1-8. - Jurisdiction over adults.
Section 14-1-9. - Waiver of jurisdiction over adult.
Section 14-1-10. - Preliminary investigation on information furnished to court.
Section 14-1-11. - Authorizing and filing petition.
Section 14-1-11.1. - Commitment of voluntary placements.
Section 14-1-12. - Form and contents of petition.
Section 14-1-13. - Complaints pertaining to feeble-minded persons.
Section 14-1-14. - Petitions for adoption.
Section 14-1-15. - Warrants for offenses against children.
Section 14-1-16. - Summons of child or adult in charge of child.
Section 14-1-17. - Service of summons.
Section 14-1-18. - Process running throughout state — Persons authorized to serve.
Section 14-1-19. - Failure to obey summons.
Section 14-1-20. - Release or placement of child in custody of officer.
Section 14-1-21. - Release or detention of child under custody of court.
Section 14-1-22. - Taking child into immediate custody.
Section 14-1-23. - Place of detention of juveniles.
Section 14-1-24. - Care of girls detained.
Section 14-1-25. - Arrest of juveniles without warrant.
Section 14-1-26. - Separation from adult offenders.
Section 14-1-26.1. - Temporary custody of status and non-offenders.
Section 14-1-27. - Temporary detention in public or private institutions.
Section 14-1-28. - Transfer of cases from other courts.
Section 14-1-29. - Times and places of hearings.
Section 14-1-30. - Conduct of hearings.
Section 14-1-30.1. - Compelling evidence in hearings — Immunity.
Section 14-1-30.2. - Foster parents — Notice of court proceedings.
Section 14-1-31. - Services of public defender.
Section 14-1-32. - Power of court to order disposition of child.
Section 14-1-32.1. - Juvenile victim restitution program.
Section 14-1-32.2. - Administration of program — Payment for services.
Section 14-1-32.3. - Appropriations.
Section 14-1-32.4. - Family counseling for drug or alcohol related offenses.
Section 14-1-33. - Supervision of child placed on probation.
Section 14-1-35. - Guardianship of agency to which child entrusted — Adoption proceedings.
Section 14-1-36. - Commitment of delinquent and wayward children.
Section 14-1-36.1. - Release from training school.
Section 14-1-36.3. - Community confinement.
Section 14-1-37. - Other disposition for best interests of child.
Section 14-1-38. - Insufficient evidence of waywardness or delinquency.
Section 14-1-39. - Fees for delivery of child to court or institution.
Section 14-1-40. - Adjudication not having effect of conviction.
Section 14-1-41. - Protection of religious faith.
Section 14-1-44. - Effect of order for maintenance — Enforcement.
Section 14-1-45. - Procedures in adult cases — Sentence.
Section 14-1-45.1. - Compelling evidence in adult cases — Immunity.
Section 14-1-46. - Institution of proceedings against adults — Process.
Section 14-1-47. - Trial by judge or jury.
Section 14-1-48. - Jury trial in family court.
Section 14-1-48.1. - Powers of chief judge in jury trials.
Section 14-1-49. - Fees for service of process or attendance in court.
Section 14-1-50. - [Obsolete.]
Section 14-1-51. - Physical or mental examination and treatment.
Section 14-1-53. - Effect of pendency of appeal.
Section 14-1-54 - — 14-1-57. Repealed.
Section 14-1-59. - Cooperation of public and private agencies.
Section 14-1-59.1. - Procedural safeguards.
Section 14-1-61. - Rules of court.
Section 14-1-62. - Construction of chapter.
Section 14-1-63. - [Obsolete.]
Section 14-1-64. - Disposition of juvenile records.
Section 14-1-65. - Hearings for out-of-state placement of children.
Section 14-1-66. - Application by victim to obtain name of juvenile.
Section 14-1-67.1. - Revocation of motor vehicle operator’s license for failure to make restitution.
Section 14-1-68. - Child witness.