Frequently Asked Questions

What are my rights as a child in the care of the Department of Children, Youth and Families (DCYF)?
There is a state law commonly referred to as the “Children’s Bill of Rights” which lists specific rights of children in the custody and/or care of the Department of Children, Youth and Families (DCYF).  R.I. Gen. Laws §42-72-15.  The Children’s Bill of Rights provides in part:

• No child in DCYF care shall be deprived of any personal property or civil rights without due process.

• Each child shall receive humane and dignified treatment with full respect for his or her personal dignity and right to privacy.

• Each child may communicate with any individual, group or agency consistent with the child’s treatment plan.

• Regarding children in secure facilities, DCYF shall specify when restraint and seclusion may be used, and when and how communication by mail or by phone may be restricted.

• Each child in a secure facility may receive visitors, including his or her attorney, guardian ad litem, court appointed special advocate, Child Advocate, physicians, mental health professionals and members of the clergy.

• A child is entitled to a free and appropriate education immediately upon being placed.

• Child victims as witnesses are afforded statutory protections.

• A child cannot be denied drug treatment solely because of DCYF placement.
  
  
• Violations of the Children’s Bill of Rights are handled exclusively by the Family Court.

A copy of the Children’s Bill of Rights must be posted in a conspicuous place in all secure facilities and/or residential placement facilities.

What is the Office of the Child Advocate?
The Office of the Child Advocate is a legal office that advocates for children whose legal, civil and special rights in the DCYF system and/or Family Court proceedings are not being met.  The Office was created by the Rhode Island General Assembly to protect the legal rights of children in the custody and/or care of the state, to review and comment on policies, procedures and legislation impacting upon the safety, education and welfare of children; to investigate child fatalities and make recommendations for system wide reform; and to monitor, inspect and review foster homes, institutional residential care facilities and the youth correctional facility.  The Child Advocate has the right and power: 

• To communicate privately, by mail or in person, with any child in DCYF care.

• To inspect, copy and/or hold records held by the clerk of the Family Court, law enforcement, agencies and institutions, public or private, where particular child has been placed within or outside the State of Rhode Island.

• To subpoena persons with whom a particular child has been placed for care or has received treatment.
  

Is the Office of the Child Advocate a division of DCYF?
No.  The Office of the Child Advocate is a separate state agency independent of DCYF. 

What is the role of the Office of the Child Advocate as a guardian ad litem for children voluntarily placed in the care of DCYF for behavioral health needs?
As guardian ad litem for children voluntarily placed by their parents in the care of DCYF, the Office of the Child Advocate speaks for the child in Family Court and makes recommendations to the Court on the child’s care.  OCA attorneys attend Reviews and Permanency Hearings in the Family Court.  In fulfilling its obligations as guardian ad litem, the Office gathers and reviews information from the child, the child’s parents, treatment team members and service providers; and reports to the Family Court on the following:

• The wishes of both the parents and the child regarding the child’s placement.

• The interaction of the child with his or her parents and other family members.

• The extent of the parents’ participation and compliance with the child’s treatment plan.

• The child’s adjustment to the placement.

• The child’s progress under his or her treatment plan.

• The appropriateness of the child’s care.

• The physical, emotional, educational, social and mental needs of the child.

• The opinion of the Office of the Child Advocate as to whether the child‘s case plan is in his or her best interests.

• The recommendations of the Office of the Child Advocate regarding the child’s care.
  

The Office staff is available to answer the child’s questions and to handle any concerns or complaints the child may have about his or her care.  The Office staff often attends service plan and treatment team meetings regarding the child and meets with the child and his or her parents whenever possible.


What should I do if I am a victim of or a witness to child abuse or neglect?
If you have been physically or sexually abused or if you have been neglected or you are aware of a child that has been abused or neglected by any one, you should call 1-800 RI- CHILD (752-4453) to report the abuse and/or neglect to the Child Abuse Hotline as soon as possible.  Callers to the Hotline may remain anonymous.  You are entitled to make this call and no one can legally take any steps to retaliate against you for making a report of what you reasonably believe to be an incident of abuse or neglect.   If you have experienced bodily harm, you may also call 911.

How do I contact the Office of the Child Advocate?
You may contact the Office of the Child Advocate by calling (401) 462-4300.  The Office is open Monday through Friday from 8:30 A.M. to 4:00 P.M.  Messages left on the voice mail will be returned on the next business day or as soon thereafter as possible.