Court Involvement Related to Voluntary Placement

Court Involvement Related to Voluntary Placement

Procedure From Policy 1100.0000: Obtaining Custody of Child Through the Dependent/Neglected/Abused Petition

A. Miscellaneous Petition

1. When a child has been in the voluntary placement of DCYF for thirty days (one month), the primary worker prepares a summary of facts to support a miscellaneous petition. The purpose is for the Family Court to assume jurisdiction and to determine whether or not continued placement or a particular placement is in the child’s best interest and, if so, whether or not there is an appropriate case plan, as outlined in RIGL 42-72-14(c) and 42C.F.R.1352.21(b)(1)(i) and (k)(1)(i).

2. The primary worker schedules a legal consult so a miscellaneous petition may be prepared. If a miscellaneous petition is filed, the primary worker notifies the parent or guardian of the time of the hearing. The Department notifies the Office of the Child Advocate of the filing of the petition and the date of the hearing.

3. The primary worker asks the Juvenile Clerk to schedule the hearing on the petition within sixty days of the child’s placement.

4. Legal Counsel prepares a miscellaneous petition to bring the matter before the Family Court for review. A Miscellaneous Petition must be filed in Family Court within 60 days so that the Department can receive federal reimbursement.

5. The Family Court must conduct a hearing within sixty days of the voluntary placement of a child per federal regulation.

B. Filing of a Dependent/Neglected/Abused Petition

1. The Department must petition the Family Court for custody of any child who has been voluntarily placed with the Department in foster care for a period of twelve months, except for children with certain disabilities.

2. The Department will not seek custody of a child with an emotional, behavioral or mental disorder or developmental or physical disability who has been voluntarily placed with the Department by a parent or guardian to access an appropriate out-of-home program when there are no issues of parental abuse or neglect. Such programs include but are not limited to residential treatment programs, residential counseling centers, and therapeutic foster care programs.

C. According to federal law (P.L. 105-89) and 42C.F.R1356.21(b)(2)(i), any child in voluntary placement is subject to the same time frames for permanency, including permanency hearings and termination of parental rights, as for all children in out of home placement.