Bill Sponsors
Acosta, Gallo, Mack, DiMario, Quezada, Valverde, Vargas, and Murray
Committee
Senate Judiciary
Summary
Select
This legislation modifies the rules regarding the detention and commitment of children in Rhode Island. Specifically, it prohibits the Family Court from detaining or sentencing any child aged 12 years or younger to the state training school (a juvenile detention facility). There are exceptions to this rule: if the child is charged with or sentenced for murder, first-degree sexual assault, or an attempt to commit these crimes. Even in these serious cases involving sentencing, the court cannot send the child to the training school unless no other safe placement option exists.
Sponsor
Analysis
Pros for Progressives
- Reduces the trauma and stigmatization associated with incarcerating very young children, helping to disrupt the "school-to-prison pipeline" for vulnerable youth.
- Prioritizes rehabilitation and alternative placements over punitive confinement for pre-teens, aligning with restorative justice principles.
- Forces the state to seek or develop community-based or therapeutic solutions for behavioral issues in children, rather than relying on institutionalization.
Cons for Progressives
- Retains the ability to incarcerate 12-year-olds for certain violent crimes, which some advocates argue is still too young for any form of prison-like confinement.
- The provision allowing commitment if "no other reasonable placement" exists provides a loophole that could be used to incarcerate marginalized youth if the state fails to fund alternatives.
- Does not explicitly mandate funding for the creation of the necessary alternative placements, potentially straining an already overburdened foster and social service system.
Pros for Conservatives
- Maintains the ability to detain and sentence young offenders who commit the most heinous crimes (murder and sexual assault), ensuring public safety is not compromised in extreme cases.
- Potentially reduces the financial burden on the state by diverting low-risk youth away from the expensive training school system.
- Encourages the use of private homes and agencies for placement, which aligns with a preference for non-governmental solutions to social issues.
Cons for Conservatives
- Limits the discretion of Family Court judges to determine the appropriate environment for a juvenile offender based on the specific facts of the case.
- Could lead to a situation where dangerous youth are placed in less secure community settings if they do not meet the strict criteria for training school detention.
- May be viewed as being "soft on crime," potentially sending a signal that there are fewer serious consequences for criminal behavior committed by pre-teens.
Constitutional Concerns
None Likely
Impact Overview
Groups Affected
- Children age 12 and younger
- Department of Children Youth and Families (DCYF)
- Family Court Judges
- RI Training School Staff
- Private foster care and placement agencies
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
BillBuddy Impact Ratings
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Freedom Impact
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Public Services
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Regulatory
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Clarity of Bill Language
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Enforcement Provisions
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Environmental Impact
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Privacy Impact
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Sections 14-1-27 and 14-1-36 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" are hereby amended to read as follows:
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. Provided, the family court shall not detain any youth age twelve (12) years or younger at the training school for any offense unless the child is charged with murder, first degree sexual assault, or an attempt to commit such offenses. 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.
14-1-36. Commitment of delinquent and wayward children.
(a) In all proceedings under this chapter, the court may order a delinquent or wayward child to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth birthday. Provided, the family court shall not commit any youth age twelve (12) years or younger at the training school for any offense other than murder, first degree sexual assault, or an attempt to commit such offenses. Should a youth age twelve (12) years or younger be sentenced for such LC003814 - Page 2 of 4 an offense, the family court shall not commit the youth to the training school unless the court determines, in the court’s judgment, that there are no other reasonable placement locations and/or conditions that will ensure the safety of the youth or any other person or persons. However, nothing contained in this section shall be construed to prohibit the placing of any child in the custody of the department of children, youth and families or any other agency, society, or institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be by an order and all assignments of the custody of dependent, neglected, delinquent, or wayward children to the state training school for youth or to the custody of the department of children, youth and families or to any of the private institutions, agencies, or societies mentioned in this chapter shall be by a decree signed by the justice of the court by whom the order or decree is issued, and that order or decree shall be directed to any person that the court may designate, and shall require that person to take the child and deliver him or her to the officer in charge of the training school for youth or to the custody of the director of children, youth and families or of the public or private institution, agency, or society, and the order or decree shall constitute the person charged with it, while he or she has the order in his or her possession for service, an officer for all purposes under this chapter, in any county of the state in which it may be necessary for him or her to go. The person charged with carrying out the order or decree shall also deliver to the officer of the public or private institution, agency, or society or to the training school for youth or the director of children, youth and families a copy of the order or the decree signed by the justice of the court issuing it, and subject to the provisions of this chapter, the officer and other authorities in charge of the training school for youth or the director of children, youth and families or any public or private institution, agency, or society shall hold the child according to the terms of any other order or decree that may from time to time thereafter be issued by the court in relation to the child.
(b) Whenever the court shall commit a child to the training school for youth or to the director of children, youth and families or any other institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child.
SECTION 2. This act shall take effect upon passage.
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. Provided, the family court shall not detain any youth age twelve (12) years or younger at the training school for any offense unless the child is charged with murder, first degree sexual assault, or an attempt to commit such offenses. 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.
14-1-36. Commitment of delinquent and wayward children.
(a) In all proceedings under this chapter, the court may order a delinquent or wayward child to be committed to the training school for youth for a sentence no longer than the youth’s nineteenth birthday. Provided, the family court shall not commit any youth age twelve (12) years or younger at the training school for any offense other than murder, first degree sexual assault, or an attempt to commit such offenses. Should a youth age twelve (12) years or younger be sentenced for such LC003814 - Page 2 of 4 an offense, the family court shall not commit the youth to the training school unless the court determines, in the court’s judgment, that there are no other reasonable placement locations and/or conditions that will ensure the safety of the youth or any other person or persons. However, nothing contained in this section shall be construed to prohibit the placing of any child in the custody of the department of children, youth and families or any other agency, society, or institution, pursuant to § 14-1-32. The commitment of delinquent or wayward children shall be by an order and all assignments of the custody of dependent, neglected, delinquent, or wayward children to the state training school for youth or to the custody of the department of children, youth and families or to any of the private institutions, agencies, or societies mentioned in this chapter shall be by a decree signed by the justice of the court by whom the order or decree is issued, and that order or decree shall be directed to any person that the court may designate, and shall require that person to take the child and deliver him or her to the officer in charge of the training school for youth or to the custody of the director of children, youth and families or of the public or private institution, agency, or society, and the order or decree shall constitute the person charged with it, while he or she has the order in his or her possession for service, an officer for all purposes under this chapter, in any county of the state in which it may be necessary for him or her to go. The person charged with carrying out the order or decree shall also deliver to the officer of the public or private institution, agency, or society or to the training school for youth or the director of children, youth and families a copy of the order or the decree signed by the justice of the court issuing it, and subject to the provisions of this chapter, the officer and other authorities in charge of the training school for youth or the director of children, youth and families or any public or private institution, agency, or society shall hold the child according to the terms of any other order or decree that may from time to time thereafter be issued by the court in relation to the child.
(b) Whenever the court shall commit a child to the training school for youth or to the director of children, youth and families or any other institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child.
SECTION 2. This act shall take effect upon passage.