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SB 2046

AN ACT RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN FAMILY COURT

2026 Regular Session Introduced by Jonathon Acosta and 7 co-sponsors

The bill limits detention for children age 12 and younger to only the most serious offenses and prioritizes relative placements and swift hearings to ensure safety.

05/19/2026 Committee recommended measure be held for further study
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Bill Summary · SB 2046

Bill Summary: SB 2046 (Rhode Island, 2026)

Purpose and intent

  • The act proposes changes to the procedures governing delinquent and dependent children in Family Court, with a focus on detention, placement, and commitment.
  • A core rule set: youth age 12 or younger may not be detained or committed to the training school for offenses other than murder, first-degree sexual assault, or an attempt to commit such offenses, unless the court determines there are no other reasonable placements or conditions to ensure safety.

Key provisions and changes

1) Temporary detention in public or private institutions (14-1-27)
- The court may detain children at the training school for youth or in the care of DCYF, subject to current law.
- Age 12 or younger: prohibited from detention at the training school for offenses other than murder, first-degree sexual assault, or an attempt to commit such offenses.
- If detention occurs, the adjudicatory hearing must commence within 30 days after the latest of petition service or detention start, and must conclude within 15 days of the hearing unless good cause to extend.
- For cases where the Attorney General seeks a waiver/certification of a youth, detention can last up to 90 days, with a waiver report due in 45 days. A decision on waiver/certification is due at the end of the 90-day period unless extended for good cause.

2) Placement considerations and relative placement (14-1-27, subsections c–f)
- DCYF must investigate placing a child in a relative’s home within 30 days of temporary custody due to abuse/neglect or dependency.
- Relative placement requires a fit and proper relative and is subject to criminal background checks, DCYF foster care regulations, and interstate compact considerations.
- If DCYF proposes placing a child with a relative outside Rhode Island, the parent may object within 10 days, and a court hearing must occur before out-of-state placement.
- If a relative’s placement request is denied by DCYF, the relative can petition the court for review, with a fast hearing (within 5 days) on suitability.
- If a relative placement or adoption is in the child’s best interest, a fit and willing relative shall receive priority over non-relatives, provided it serves the child’s best interests.

3) Commitment of delinquent and wayward children (14-1-36)
- The court may commit a delinquent or wayward child to the Training School for Youth for a sentence not exceeding the youth’s 19th birthday.
- Youth age 12 or younger may not be committed to the training school for offenses other than murder, first-degree sexual assault, or an attempt to commit such offenses, unless the court finds no other reasonable placement or conditions can ensure safety.
- The commitment process requires a court decree signed by the judge, directing transfer to the appropriate facility or custody. The order must be served and carried out accordingly.
- If committed to the Training School or other custody, the court shall transmit a summary of its information about the child with the commitment order.

Who is affected

  • Juvenile defendants and dependents in Rhode Island Family Court.
  • Department of Children, Youth and Families (DCYF) personnel and procedures.
  • Parents and guardians of affected youths, particularly in relation to placement objections and relative placement.
  • Relatives seeking placement of a child and foster/adoptive placements.

Procedural and timeline aspects

  • Tightened timelines for adjudicatory hearings: 30-day start and 15-day conclusion, with allowances for “good cause.”
  • 90-day maximum detention under AG waiver/certification process, with a 45-day waiver report.
  • Relative placement investigations within 30 days of placement.
  • Fast-track review for denials of relative placement (within 5 days).
  • Clear prioritization of relative placement when in the child’s best interest, subject to safety and suitability.

Effective date

  • The act takes effect upon passage.

Notable exclusions

  • The bill maintains exceptions allowing detention for older youths in limited high-severity offenses but restricts detention for younger children (12 or younger) to only the most serious offenses unless safer, alternative placements are unavailable.

Compiled from official sources — confirm details with the bill’s official record.

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