§ 14-1-27 - Temporary detention in public or private institutions.
SECTION 14-1-27
§ 14-1-27 Temporary detention in public orprivate institutions. – (a) Subject to § 14-1-11, provision may be made by the family court forthe temporary detention of children at the training school for youth or in thecustody of the director of the department of children, youth and families. Thecourt may authorize the temporary placement of children in private homeslicensed and approved by the department of children, youth, and families andsubject to the supervision of the court, or may arrange with any incorporatedinstitution or agency licensed for child care, to receive for temporary carechildren ordered detained by the court. Unless good cause is shown to delay thecommencement of the adjudicatory hearing, if a child is in detention, thefamily court shall commence the adjudicatory hearing within thirty (30)calendar days from whichever of the following events occurs latest: the datethe petition is served on the child; or the date the child is placed indetention. In all such cases, the family court shall conclude the adjudicatoryhearing within fifteen (15) calendar days of the commencement of the hearingunless good cause is shown to extend an adjudicatory hearing beyond fifteen(15) calendar days.
(b) In any case wherein the attorney general files anapplication to waive and/or certify a youth, the juvenile may be detained atthe 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 withinforty-five (45) calendar days. At the expiration of ninety (90) days, theattorney general's petition for waiver and/or certification shall be decided bythe family court, unless good cause is shown to extend the time upon which thefamily court may render such a decision.
(c) When DCYF makes application to the court to take a childinto temporary custody due to allegations of abuse and/or neglect ordependency, DCYF shall have the duty to investigate the possibility of placingthe child or children with a fit and willing relative not residing with theparents. DCYF shall conduct an assessment into the appropriateness of placementof the child or children with the relative within thirty (30) days of thechild's placement in the temporary custody of DCYF. If the departmentdetermines that the relative is a fit and proper person to have placement ofthe child, the child shall be placed with that relative, unless the particularneeds of the child make the placement contrary to the child's best interests.All placements with relatives shall be subject to criminal records checks inaccordance 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 relativeoutside the state of Rhode Island, DCYF shall notify the parent who shall havean opportunity to file an objection to the placement with the family courtwithin ten (10) days of receipt of the notice. A hearing shall be held beforethe child is placed outside the state of Rhode Island.
(e) If the request of a relative for placement of a child orchildren is denied by DCYF, that relative shall have the right to petition thecourt for review. The court shall within five (5) days of the request conduct ahearing as to the suitability of temporary placement with the relative andshall make any orders incident to placement that it deems meet and just.
(f) Whenever the court determines that permanent placement oradoption is in the best interest of a child, a fit and willing relative who hasbeen awarded placement of the child shall be given priority over anon-relative, provided that the placement or adoption is in the best interestof the child.