Note: This edition, prepared for dissemination to parents, has some annotations by Michael Klein, Director of Social Services, Harmony Hill School — these are indicated with brackets ([….]).
A. No child placed or treated under the supervision of the Department [DCYF] in any public or private facility shall be deprived of any personal property or civil
rights, except in accordance with due process.
B. Each child placed or treated under the supervision of the Department in any
public or private facility shall receive humane and dignified treatment at all times, with full respect for his personal dignity and right to privacy, consistent with his treatment plan.
C. Each child placed in a secure facility [includes the Training School & locked hospital units; generally this paragraph is allowed, by state officials to pertain to
staff secure settings, too, such as residential treatment centers] under the supervision of the department shall be permitted to communicate with any
individual, group or agency, consistent with his treatment objectives; shall be provided writing materials and postage: and shall be permitted to make or receive
telephone calls to or from his attorneys, guardians ad l item, special advocates, or child advocate at any reasonable time.
D. The Department shall adopt rules and regulations pursuant to the
Administrative Procedures Act regarding children placed in secure facilities to specify the followings:
- When a child may be placed in restraint or seclusion or when force may be used upon a child;
- When the head of a facility may limit the use or receipt of mail by any child and a procedure for return of unopened mail; and
- When the head of a facility may restrict the use of a telephone by any child.
E. A copy of any order placing a child at a secure facility under the supervision of the Department in restraint or seclusion shall be made a part of the child's
permanent clinical record. In addition, any special restriction on the use or receipt of mail or telephone calls shall be noted in writing, signed by the head of
the facility or his designee, and made a part of the child's permanent clinical record.
F. Each child placed or treated in a secure facility under the supervision of the
Department shall be permitted to receive visitors subject to reasonable restriction consistent with the child's treatment plan. The head of each facility shall
establish visiting hours and inform all children and their families and other visitors of these hours. Any special restrictions shall be noted in writing, signed by the
head of the facility or his designee, and made a part of the child's permanent clinical record.
G. Each child may receive his clergyman, attorney, guardian, special advocate, or
child advocate at any reasonable time.
H. No person shall be denied employment, housing, civil service rank, any license
or permit, including a professional license, or any other civil or legal right, solely because of a present or past placement with the Department except as otherwise provided by statute.
I. Each child under the supervision of the Department shall have the right to counsel, and the right to receive visits from physicians and mental health professionals.
J. Each child shall have a right to a hearing pursuant to rules and regulations promulgated by the Department if the Department involuntarily transfers him to
any facility outside the state of Rhode Island in accordance with the procedure set forth in 42-72-14 of this chapter.
K. The Children's Bill of Rights shall be posted in a conspicuous place within any
secure facility for the residential housing of children.
L. Every deliverer of services with whom the Department enters into a purchased
services agreement shall agree in writing to observe and post in a conspicuous place, the aforementioned Children's Bill of Rights.
M. Any child aggrieved by a violation of the Children's Bill of Rights may petition the Family Court for appropriate equitable relief. The Family Court shall have
exclusive original jurisdiction notwithstanding any remedy contained in Chapter 35 of this title.
N. A child victim or witness shall be afforded the protections of 12-28-9 under the
direction of the Department for Children, Youth and Families, and said Department shall advise the court and the police and the prosecutor on the capacity of the
child victim to understand and participate in the investigation and in the court proceedings and of the potential effect of said proceedings on the child
O. Every child placed in the care of the Department for Children, Youth & Families shall be entitled to a free appropriate education, in accordance with state and
federal law. Immediately upon the assumption of such care, the Department shall provide for the enrollment of each such child in a school program. During the time
that such child shall remain in such care, the Department and appropriate state and local education agencies shall coordinate their efforts in order to provide for
the timely initiation and continuation of educational services.
R.I. CHILDREN'S BILL OF RIGHTS