R.I. Government Agencies | Privacy Policy |
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Preface
The Rhode Island Office of the Child Advocate
has received a grant from the Rhode Island
Foundation to fund a Juvenile Justice Handbook
to address legal issues affecting youth in Rhode Island.
This publication is a supplemental brochure for the
project through funding from the RI Foundation. It
is hoped that this booklet will be a helpful guide
to legal issues for all youth in our state and will
provide insight into legal issues that affect them.
Contents
| WHO IS HERE TO HELP YOU? LEGAL TERMS YOU SHOULD KNOW WHEN DEALING WITH THE COURTS WHAT IS THE TRUANCY COURT? WHAT IS THE DRUG COURT? YOUTH IN STATE CARE WHAT IS OUT OF HOME CARE? WHAT IF I WANT TO BE INDEPENDENT? IT'S ALL ABOUT SCHOOL WHAT IS SEXUAL HARASSMENT IN SCHOOL? WHAT IF I GET PREGNANT? DRIVING THE LAW INSURANCE DRINK & DRIVE! SEX! MARRIAGE MONEY BANKING JOINING THE MILITARY |
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If you ever have any questions don't hesitate to contact one of these offices;
they are here to help you!DCYF
Phone #: (401) 528-3502
Child Abuse Hot Line: 1-800-RI-CHILD (1-800-752-4453)
Web: www.dcyf.state.ri.usCOURT APPOINTED SPECIAL ADVOCATE (CASA)
Phone #: (401) 458-3330PLANNED PARENTHOOD
Phone #: 1-800-230-PLAN (7526)
Web: www.plannedparenthood.org/MENTAL HEALTH ADVOCATE
Phone #: (401) 462-2003RHODE ISLAND PUBLIC DEFENDER
Phone #: (401) 458-3050RHODE ISLAND DISABILITY LAW CENTER
Phone #: (401) 831-3150RHODE ISLAND LEGAL SERVICES
Phone #: (401) 274-2652
Web: www.rils.orgRHODE ISLAND BAR ASSOCIATION
THE VOLUNTEER LAWYER PROGRAM
Phone #: (401) 421-5740
Phone #: (401) 421-7758
Web: www.ribar.com
MINOR ~ Any child under the age of 18.
JUVENILE DELINQUENT ~ Any child who has committed an act that if they were an adult would be a crime. A finding of delinquency is NOT a criminal conviction.
DEPENDENT CHILD ~ Any child who needs protection from the Family Court because a parent is unable to care for the child and the child is in need of
state assistance through no fault of their own.ABUSED/NEGLECTED CHILD ~ Any child who needs protection from Family Court because their parents/guardians did not take proper care of them, and/or they are physically or sexually abused.
WAYWARD CHILD ~ Any child who is truant, disobedient, a
runaway or who who seems unable to change such behaviors.
WHAT IS A JUVENILE HEARING? -
If you have committed a delinquent act, you will be granted a private meeting in a courtroom with a judge to decide your legal status and if services are needed. All juvenile hearings are closed to the public.
TYPES OF HEARINGS:
~ Detention hearing
~ Disposition hearing
~ Review hearingWHAT IS THE DRUG COURT?
~ A voluntary program for nonviolent children who have drug and/or alcohol problems.HAVE YOU BEEN SKIPPING SCHOOL LATELY?
~ Well, you better be careful because it is against the law in Rhode Island.
~ You have to have a valid excuse from your parent/guardian to be able to miss a day of school.
~ In Rhode Island you must attend school up to your 16th Birthday.WHAT IS THE TRUANCY COURT?
~ This is a court that is located within a school and has the authority to hold you and your family accountable for your skipping school (truancy).
GETTING INTO TROUBLE ?
~ Don't worry because your name will not appear in the newspaper. Your juvenile record is NOT a public record and is kept separate from adult records.
DO I HAVE ANY RIGHTS WHEN DEALING WITH THE POLICE ?~ YES, you have the right to:
* Remain silent.
* Know the charges brought against you.
* Have them in writing.
* Know why you are being taken into custody.
* Have a lawyer represent you and, if you cannot afford one, one will be provided.
* Have a lawyer who knows the law.
* Have an interpreter provided for you if you need one.
WHAT DOES IT MEAN TO BE IN STATE CUSTODY?
~ The State can take you into custody by one of two ways:
* Voluntary - Parents agree, without court order, to let DCYF take care of you.
* Court Placement - Court grants custody to DCYF because you were being either
abused, neglected or are otherwise a dependent child.
~ When in state custody the state has temporary care and supervision over you.
~ While in state custody you will have a case plan written for you.
* A case plan is a document that specifies what you and your family need to do to
resolve the problems that got you removed out of your home.
* The plan describes the long-term goals for your welfare, type of foster care or
placement and a statement of why certain services are appropriate for you and your family.WHAT IS OUT OF HOME CARE?
~ This is temporary housing while you are in state care.
~ It can be foster care, shelters, group homes, or residential placements
WHAT IF I WANT TO BE INDEPENDENT?
~ There is an independent living program (ILP). This program is there to help you to develop skills so you can live by yourself.
~ This is only available to youth 16 and older.
~ You can be placed in transitional housing which is only available to
children 16 years of age or older. This also helps you become more independent.WHAT RIGHTS DO I HAVE WHEN PLACED IN DCYF CARE?
When placed in DCYF care you have the following legal rights:
~ Basic needs such as food, clothing, shelter, and personal belongings.
~ To be treated with dignity and respect.
~ To contact family and friends by phone, mail and / or visits unless there are reasons to stop this due to treatment issues or safety.
~ To a hearing before being placed over 30 miles out of state.
~ To go to school.
~ To practice your religion.
~ To other rights contained in the law and the Children's Bill of Rights.
DO I HAVE THE RIGHT TO GO TO SCHOOL?
~ YES, all children in the US have a right to go to public school to receive a free and appropriate education.
~ This right is extended to illegal residents who live in the US and those
youth with mental or physical disabilities.
CAN MY POSSESSIONS BE SEARCHED BY THE PRINCIPAL?
~ Yes, the principal can search your belongings if he/she has reasonable
suspicion that you possess weapons or contraband.
~ The principal DOES NOT have the right to conduct or authorize any type
of body search under any circumstances.WHAT DO YOU MEAN BY CHILDREN WHO ARE DISABLED?
~ Children who are disabled are either deaf, hard of hearing, totally or partially
blind, speech-impaired, experience trouble moving, have difficulty learning to read
(such as dyslexia), are developmentally delayed, or suffer from behavioral or emotional problems.
~ Under federal law, you have the right to an individual Educational Plan (IEP),
which is an individual plan to address your special skills and needs in a school setting.WHAT IS SEXUAL HARASSMENT IN SCHOOL?
~ This is commonly known as an unwelcome sexual behavior.
SEXUAL BEHAVIOR IS...
~ Unwanted touching, ANYWHERE
~ Hurtful remarks and gestures
~ All students have a right NOT to be sexually harassed by ANYONE in school.
~ Federal law says it is illegal for this to happen AT ALL! If it's happening to you, tell someone in charge.WHAT IF I GET PREGNANT?
~ Federal law states that you have a right to attend school without
being discriminated against.
~ The school cannot tell you that you cannot go to school because
you are pregnant.
Just remember that DRIVING is a privilege, NOT a right.
THE NEW LAW:
~ In Rhode Island, you have to be 16 to get your learner's permit.
* After you pass the test, you can only drive with a licensed driver
~ THEN, when you turn 17, you can get your full license only if you had your
limited instructional permit for six (6) months and a limited provisional license for six (6) months.
* If you have questions, contact the Department of Motor Vehicles at www.dmv.state.ri.us or (401) 588-3020.~ NOW YOU NEED INSURANCE!
* It is the law that you must have car insurance to
drive a car, in case you get into an accident or hurt someone else.
* Talk to your parents about getting coverage on their insurance policies.
~ CLICK IT or TICKET! Wear your seat belt. IT'S THE LAW!DO YOU HAVE YOUR OWN CAR?
~ Now you need to register it!
~ To register your car you need to go to the DMV.
~ At the DMV you need proof that you have insurance and ownership!
* GET INSURANCE OR DON'T DRIVE !
WANT TO PARTY?
~ Hanging out with friends can be fun, but drinking and driving can KILL!
~ Not only is it illegal to drink and possess alcohol when you are under 21, but it is also dangerous.
~ You can be charged, fined, have your license suspended and be required to attend a treatment program.
* If you are 18 or older, you can work as a bartender to
mix, sell and serve alcohol. BUT DON'T sneak a sip
because the bar can lose its license.
* Drivers who are minors and also violate laws prohibiting driving under the influence of alcohol, will be prosecuted in Family Court as a juvenile.
If and when you think you are ready to have sex...
~ You should first discuss this with with either your parent/guardian,
school counselor, religious counselor, or a trusted adult before you
make this decision.
~ If you are under 16 and you are having sex with someone 18 or
older, this could be STATUTORY RAPE.
* Even if you wanted to have sex, you cannot give
"consent" unless you are 16 or older!WHAT IS CONSENT?
~ Consent is when two people 16-years or older both freely and
willingly agree to have sex. There is no consent if alcohol or
drugs impair your judgment. Just a reminder that the use of alcohol
is illegal if you are under 21 and drugs are always illegal,
no matter what the age.
~ If and when you are ready to have sex you should remember to
get tested for sexually transmitted diseases (STD) just to be safe.
STD test results are confidential, even from your parents.
WHAT IF YOU ARE PREGNANT?
~ There are a few options:
* Raise the baby
* Give the baby up for adoption. Talk to your doctor about
adoption agencies.
* Abortion: If you are under 18, you need to have your
parent or guardian's consent. If they won't give you
permission you can request a family court judge to grant
you permission.
** No one can make you have an abortion if you don't want one.
~ If you are pregnant you can still go to school !
CAN I GET MARRIED BEFORE I TURN 18 ?
~ YES, BUT you have to have your parent/guardian's written permission.
~ You cannot get married under the age of 16 for females and 18 for males
unless the Family Court authorizes the marriage.
~ You can get married once you turn 18 without your parent / guardian's consent
WHAT DO I NEED TO DO TO GET MARRIED?
~ You have to obtain a marriage license from your city or town!
$MONEY....MONEY!!
IF YOU WANT TO GET A JOB,
YOU NEED TO KNOW THE FACTS FIRST!
~ To get a work permit, you have to be at least 14.
~ You can obtain a permit from the Department of Labor and
Training or through your local municipal/school departments.
~ If you are 14 - 16, your work hours are limited from 6 a.m. to 7 p.m.,
except during school vacations when you can work up to 9 p.m.
~ You can lose your work permit if the school determines
that your job is interfering with your school work.
SPEND YOUR MONEY WISELY!
~ Contact your local bank to set up a savings and checking account
so you have some money for unexpected expenses.
~ You can open an account in your own name.
~ But, if you are under 18, you may be required to get
your parents to sign with you because a checking account is a contract.
YOU THINK YOU WANT A CREDIT CARD?
~ What is credit?
* Credit allows you to buy things and pay for them
later. It also lets you borrow money NOW on your promise
that you will repay LATER.
~ Anyone can get a credit card as long as they are 18 or older.
~ You can get a credit card if you are under 18 only if your
parents sign an agreement to be responsible for your charges.
SOUND TOO GOOD TO BE TRUE ?
~ IT IS! This is not FREE money!
* Finance charges add on to any money that you
borrow by using a credit card, which means you
will pay back more than you get.
* If you can't pay, your parents will be held
accountable for all your credit card bills, if you are
under 18 and if they gave permission for the credit
card.
MILITARY REGISTRATION
~ All male US citizens and male immigrants living in the US must
register if they are 18 through 25.
~ You must register within 30 days of your 18th birthday.
~ You can either register online at www.sss.gov or you can obtain
a form from your local post office.
~ You will get a response within 90 days of sending it in. Make sure
you SAFEGUARD this letter because it is the proof you need to say that you registered.
~ If you have any other questions you can call 1-888-655-1825.
WHAT HAPPENS IF THERE IS A WAR, WILL I BE DRAFTED?
~ A draft has not existed since 1973 and will only occur if there is
a need to expand the armed forces.
~ Military personnel can apply for conscientious objector status if
they can prove they object to war based on religious beliefs.WHAT HAPPENS IF I DON'T REGISTER?
~ Be careful because if you don't register, it is a crime.
~ You can be fined up to $250,000 and / or go to prison
for up to five years under federal law.
~ You can also permanently forfeit your right to financial aid,
government employment, job training and US citizenship for
immigrants, if you don't register.
FOR MORE INFORMATION,
CALL US:
OFFICE OF THE CHILD ADVOCATE
401-222-6650
FAX 401-222-6652
