§ 14-1-6. Retention of jurisdiction.
(a) When the court shall have obtained jurisdiction over any child prior to the child
having attained the age of eighteen (18) years by the filing of a petition alleging
that the child is wayward or delinquent pursuant to § 14-1-5, the child shall, except as specifically provided in this chapter, continue under
the jurisdiction of the court until he or she becomes nineteen (19) years of age,
unless discharged prior to turning nineteen (19).
(b) When the court shall have obtained jurisdiction over any child prior to the child's
eighteenth (18th) birthday by the filing of a miscellaneous petition or a petition
alleging that the child is dependent, neglected, or abused pursuant to §§ 14-1-5 and 40-11-7 or 42-72-14, the child shall, except as specifically provided in this chapter, continue under
the jurisdiction of the court until he or she becomes eighteen (18) years of age;
provided, that at least six (6) months prior to a child turning eighteen (18) years
of age, the court shall require the department of children, youth and families to
provide a description of the transition services including the child's housing, health
insurance, education and/or employment plan; available mentors and continuing support
services, including workforce supports and employment services afforded the child
in placement; or a detailed explanation as to the reason those services were not offered.
As part of the transition planning, the child shall be informed by the department
of the opportunity to voluntarily agree to extended care and placement by the department
and legal supervision by the court until age twenty-one (21). The details of a child's
transition plan shall be developed in consultation with the child, wherever possible,
and approved by the court prior to the dismissal of an abuse, neglect, dependency,
or miscellaneous petition before the child's twenty-first birthday.
(c) A child, who is in foster care on their eighteenth birthday due to the filing of a
miscellaneous petition or a petition alleging that the child is dependent, neglected,
or abused pursuant to § 14-1-5, § 40-11-7, or § 42-72-14, may voluntarily elect to continue responsibility for care and placement from DCYF
and to remain under the legal supervision of the court as a young adult until age
twenty-one (21), provided:
(1) The young adult was in the legal custody of the department at age eighteen (18); and
(2) The young adult is participating in at least one of the following:
(i) Completing the requirements to receive a high school diploma or GED;
(ii) Completing a secondary education or a program leading to an equivalent credential;
enrolled in an institution that provides postsecondary or vocational education;
(iii) Participating in a job-training program or an activity designed to promote or remove
barriers to employment;
(iv) Is employed for at least eighty (80) hours per month; or
(v) Is incapable of doing any of the foregoing due to a medical condition that is regularly
updated and documented in the case plan.
(d) A former foster child who was adopted or placed in guardianship with an adoption assistance
agreement or a guardianship assistance agreement that was executed on or after his
or her sixteenth birthday and prior to his or her eighteenth birthday may voluntarily
agree to extended care and placement by the department and legal supervision by the
court until age twenty-one (21) if the young adult satisfies the requirements in subsection
(c)(2). Provided, however, the department retains the right to review the request
and first attempt to address the issues through the adoption assistance agreement
by providing post adoptive or post guardianship support services to the young adult
and his or her adoptive or guardianship family.
(e) Upon the request of the young adult, who voluntarily agreed to the extension of care
and placement by the department and legal supervision by the court, pursuant to subsections
(c) and (d) of this section, the court's legal supervision and the department's responsibility
for care and placement may be terminated. Provided, however, the young adult may request
reinstatement of responsibility and resumption of the court's legal supervision at
any time prior to his or her twenty-first birthday if the young adult meets the requirements
set forth in subsection (c)(2). If the department wishes to terminate the court's
legal supervision and its responsibility for care and placement, it may file a motion
for good cause. The court may exercise its discretion to terminate legal supervision
over the young adult at any time.
(f) With the consent of the person previously under the court's supervision, the court
may reopen, extend, or retain its jurisdiction beyond that person's twenty-first birthday
until his or her twenty-second birthday or until September 30, 2021, whichever date
occurs first, under the following circumstances:
(1) The person aged out of DCYF care or left foster care during the COVID-19 public health
emergency, defined as beginning on January 27, 2020, and is entitled to extended benefits
pursuant to the terms of the Consolidated Appropriations Act of 2021, Pub. L. No. 116-260; and
(2) The court has or had obtained jurisdiction over the person prior to his or her eighteenth
birthday by the filing of a miscellaneous petition or a petition alleging that the
child is dependent, abused, or neglected pursuant to § 14-1-5, § 40-11-7, or § 42-72-14 or after the person's eighteenth birthday pursuant to a voluntary extension of care
petition; and
(3) Court supervision is necessary for the department of children, youth and families
to access IV-E funding to support such benefits, in whole or in part; and
(4) Court supervision is required to continue transition planning and to ensure the safety,
permanency, and well-being of older youth who remain in or who age out of foster care
and re-enter foster care.
(g) The court may retain jurisdiction of any child who is seriously emotionally disturbed
or developmentally delayed pursuant to § 42-72-5(b)(24)(v) until that child turns age twenty-one (21) when the court shall have obtained jurisdiction
over any child prior to the child's eighteenth birthday by the filing of a miscellaneous
petition or a petition alleging that the child is dependent, neglected, and/or abused
pursuant to §§ 14-1-5, and 40-11-7, or 42-72-14.
(h) The department of children, youth and families shall work collaboratively with the
department of behavioral healthcare, developmental disabilities and hospitals, and
other agencies, in accordance with § 14-1-59, to provide the family court with a transition plan for those individuals who come
under the court's jurisdiction pursuant to a petition alleging that the child is dependent,
neglected, and/or abused and who are seriously emotionally disturbed or developmentally
delayed pursuant to § 42-72-5(b)(24)(v). This plan shall be a joint plan presented to the court by the department of children,
youth and families and the department of behavioral healthcare, developmental disabilities
and hospitals. The plan shall include the behavioral healthcare, developmental disabilities
and hospitals' community or residential service level, health insurance option, education
plan, available mentors, continuing support services, workforce supports and employment
services, and the plan shall be provided to the court at least twelve (12) months
prior to discharge. At least three (3) months prior to discharge, the plan shall identify
the specific placement for the child, if a residential placement is needed. The court
shall monitor the transition plan. In the instance where the department of behavioral
healthcare, developmental disabilities and hospitals has not made timely referrals
to appropriate placements and services, the department of children, youth and families
may initiate referrals.
(i) The parent and/or guardian and/or guardian ad litem of a child who is seriously emotionally
disturbed or developmentally delayed pursuant to § 42-72-5(b)(24)(v), and who is before the court pursuant to §§ 14-1-5(1)(iii) through 14-1-5(1)(v), §â€‰ 40-11-7, or § 42-72-14, shall be entitled to a transition hearing, as needed, when the child reaches the
age of twenty (20) if no appropriate transition plan has been submitted to the court
by the department of children, youth and families and the department of behavioral
healthcare, developmental disabilities and hospitals. The family court shall require
that the department of behavioral healthcare, developmental disabilities and hospitals
shall immediately identify a liaison to work with the department of children, youth
and families until the child reaches the age of twenty-one (21) and an immediate transition
plan be submitted if the following facts are found:
(1) No suitable transition plan has been presented to the court addressing the levels
of service appropriate to meet the needs of the child as identified by the department
of behavioral healthcare, developmental disabilities and hospitals; or
(2) No suitable housing options, health insurance, educational plan, available mentors,
continuing support services, workforce supports, and employment services have been
identified for the child.
(j) In any case where the court shall not have acquired jurisdiction over any person prior
to the person's eighteenth (18th) birthday by the filing of a petition alleging that
the person had committed an offense, but a petition alleging that the person had committed
an offense that would be punishable as a felony if committed by an adult has been
filed before that person attains the age of nineteen (19) years of age, that person
shall, except as specifically provided in this chapter, be subject to the jurisdiction
of the court until he or she becomes nineteen (19) years of age, unless discharged
prior to turning nineteen (19).
(k) In any case where the court shall not have acquired jurisdiction over any person prior
to the person attaining the age of nineteen (19) years by the filing of a petition
alleging that the person had committed an offense prior to the person attaining the
age of eighteen (18) years that would be punishable as a felony if committed by an
adult, that person shall be referred to the court that had jurisdiction over the offense
if it had been committed by an adult. The court shall have jurisdiction to try that
person for the offense committed prior to the person attaining the age of eighteen
(18) years and, upon conviction, may impose a sentence not exceeding the maximum penalty
provided for the conviction of that offense.
(l) In any case where the court has certified and adjudicated a child in accordance with
the provisions of §§ 14-1-7.2 and 14-1-7.3, the jurisdiction of the court shall encompass the power and authority to sentence
the child to a period in excess of the age of nineteen (19) years. However, in no
case shall the sentence be in excess of the maximum penalty provided by statute for
the conviction of the offense.
(m) Nothing in this section shall be construed to affect the jurisdiction of other courts
over offenses committed by any person after he or she reaches the age of eighteen
(18) years.