§ 42-72-15 - Children's bill of rights.
SECTION 42-72-15
§ 42-72-15 Children's bill of rights.– (a) No child placed or treated under the supervision of the department in anypublic or private facility shall be deprived of any personal property or civilrights, except in accordance with due process.
(b) Each child placed or treated under the supervision of thedepartment in any public or private facility shall receive humane and dignifiedtreatment at all times, with full respect for the child's personal dignity andright to privacy, consistent with the child's treatment plan.
(c) Each child placed in a secure facility under thesupervision of the department shall be permitted to communicate with anyindividual, group, or agency consistent with the child's treatment objectives;shall be provided writing materials and postage; and shall be permitted to makeor receive telephone calls to or from his or her attorneys, guardians ad litem,special advocates, or child advocate at any reasonable time.
(d) The department shall adopt rules and regulations pursuantto the Administrative Procedures Act, title 42, chapter 35, regarding childrenplaced in secure facilities to specify the following:
(1) When a child may be placed in restraint or seclusion orwhen force may be used upon a child;
(2) When the head of a facility may limit the use or receiptof mail by any child and a procedure for return of unopened mail; and
(3) When the head of a facility may restrict the use of atelephone by any child.
(e) A copy of any order placing a child at a secure facilityunder the supervision of the department in restraint or seclusion shall be madea part of the child's permanent clinical record. In addition, any specialrestriction on the use or receipt of mail or telephone calls shall be noted inwriting, signed by the head of the facility or the facility head's designee,and made a part of the child's permanent clinical record.
(f) Each child placed or treated in a secure facility underthe supervision of the department shall be permitted to receive visitorssubject to reasonable restriction consistent with the child's treatment plan.The head of each facility shall establish visiting hours and inform allchildren and their families and other visitors of these hours. Any specialrestrictions shall be noted in writing, signed by the head of the facility orhis or her designee, and made a part of the child's permanent clinical record.
(g) Each child may receive his or her clergyman, attorney,guardian ad litem, special advocate, or child advocate at any reasonable time.
(h) No person shall be denied employment, housing, civilservice rank, any license or permit, including a professional license, or anyother civil or legal right, solely because of a present or past placement withthe department except as otherwise provided by statute.
(i) Each child under the supervision of the department shallhave the right to counsel, and the right to receive visits from physicians andmental health professionals.
(j) Each child shall have a right to a hearing pursuant torules and regulations promulgated by the department if the child isinvoluntarily transferred by the department to any facility outside of thestate in accordance with the procedure set forth in § 42-72-14.
(k) The children's bill of rights shall be posted in aconspicuous place within any secure facility for the residential housing ofchildren.
(l) Every deliverer of services with whom the departmententers into a purchased services agreement shall agree, in writing, to observeand post in a conspicuous place, the children's bill of rights.
(m) Any child aggrieved by a violation of the children's billof rights may petition the family court for appropriate equitable relief. Thefamily court shall have exclusive original jurisdiction, notwithstanding anyremedy contained in chapter 35 of this title.
(n) A child victim or witness shall be afforded theprotections of § 12-28-9 under the direction of the department ofchildren, youth, and families, and the department shall advise the court andthe police and the prosecutor on the capacity of the child victim to understandand participate in the investigation and in the court proceedings and of thepotential effect of the proceedings on the child.
(o) Every child placed in the care of the department ofchildren, youth, and families shall be entitled to a free appropriateeducation, in accordance with state and federal law. Immediately upon theassumption of that care, the department shall provide for the enrollment ofeach child in a school program. During the time that the child shall remain inthat care, the department and appropriate state and local education agenciesshall coordinate their efforts in order to provide for the timely initiationand continuation of educational services.
(p) No person shall be denied access to available treatmentfor an alcohol or drug related condition, solely because of a present or pastplacement with the department.