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September 7, 2007

R.I. high court to hear Family Court cutoff case

PROVIDENCE -- The state Supreme Court will hear a state Department of Children, Youth and Families' appeal arguing that 18-to-21-year-olds should not fall under Family Court jurisdiction.

The high court denied DCYF's motion to halt the ruling allowing the Family Court to continue overseeing about 600 cases of 18-to-21-year-olds, according to the high court order made public today.

The court did approve petitions of the American Civil Liberties Union and Tides Family Services, Inc., to participate in the case as friends of the court.

Before the high court is a test case for a "significant number of similarly placed young adults," the news release says.

It stems from Family Court Chief Judge Jeremiah S. Jeremiah Jr. rejection of DCYF's attempt to end Family Court involvement with Kenneth K., a 20-year-old resident of a state group home.

Jeremiah said that a provision approved in this year's state budget, which reduced the cutoff to age 18, can't be retroactively applied to Kenneth, who was under the court's jurisdiction before the change took effect July 1.

For decades, children in state custody have remained under Family Court jurisdiction until they turn 21. But in passing this year’s state budget, the General Assembly followed Governor Carcieri’s recommendation and lowered the cutoff to age 18.

-- projo.com staff writer Michael P. McKinney, with Journal archival reports

Posted by Mike McKinney  at 1:08 PM | Permalink

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