2016 -- H 8239

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LC005983

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2016

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A N   A C T

RELATING TO HUMAN SERVICES - ABUSED AND NEGLECTED CHILDREN

     

     Introduced By: Representatives Canario, Edwards, McEntee, Craven, and Ajello

     Date Introduced: May 20, 2016

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 40-11-7.1 of the General Laws in Chapter 40-11 entitled "Abused

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and Neglected Children" is hereby amended to read as follows:

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     40-11-7.1. Family court proceedings. -- (a) The family court shall, upon the filing of an

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ex parte petition, hereunder, immediately take any action it deems necessary or appropriate for

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the protection of the child, or children, suspected of being abused or neglected, including the

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removal of the child, or children, from the custody of the parent or parents, or other person

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suspected of the abuse or neglect.

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      (b) A hearing on the petition shall be held within seven (7) days from the filing thereof,

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for the court to:

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      (1) Advise the parent or parents or other person having care of the child of the

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allegations contained in the petition;

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      (2) Enter either a denial or admission of the allegations contained in the petition;

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      (3) Assure that a guardian ad litem and/or a court appointed special advocate has been

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appointed to represent the child;

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      (4) Appoint an attorney to represent the parent or parents or any other person having care

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of the child alleged to have abused or neglected a child when the parent or custodian is unable to

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afford representation, as determined by the court;

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      (5) Advise the parent or parents or any other person having care of the child of his or her

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right to a probable cause hearing on the ex parte petition to be held as soon as practicable but no

 

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later than ten (10) days from the date of the request;

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      (6) Make inquiry of the mother of the child to determine the identity of the biological

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father of the child, if necessary;

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      (7) In the event that a person named as a putative father appears and denies that he is the

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biological father of the child, the court shall direct that any such putative father execute a written

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denial of paternity setting forth the implications of such denial in a form to be adopted by the

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family court in accordance with the provisions of this section. Execution of such a document by

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the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution

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of the denial of paternity form, the court shall find that the department has no duty to make

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reasonable efforts to strengthen and encourage the relationship between the child and that

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putative father and the lack of such efforts may not be cited for any purpose by the putative father

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in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of

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title 15 chapter 7 or title 15 chapter 8;

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      (8) Make any interim orders in its discretion respecting the rights of the child.

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      (c) The family court, upon identification of an alleged biological father by the mother of

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the child, shall order service of the petition and notice of hearing date to be made upon him in

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accordance with the Rules of Juvenile Proceedings.

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      (1) If an alleged putative father appears at the hearing or appears at any subsequent

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hearing and denies paternity, the court shall direct that any such putative father execute a written

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denial of paternity setting forth the implications of such denial in a form to be adopted by the

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family court in accordance with the provisions of this section. Execution of such a document by

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the putative father shall constitute prima facie evidence of his denial of paternity. Upon execution

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of the denial of paternity form, the court shall make a finding that the department has no duty to

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make reasonable efforts to strengthen and encourage the relationship between the child and that

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putative father and the lack of such efforts may not be cited for any purpose by the putative father

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in any future proceeding conducted pursuant to the provisions of this chapter, the provisions of

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title 15 chapter 7 or the provisions of title 15 chapter 8.

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      (2) If an alleged putative father appears and neither admits nor denies paternity, the

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department of children, youth, and families shall, within five (5) days, refer the putative father to

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the department of human services for a determination of paternity in accordance with title 15

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chapter 8.

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      (3) If a putative father, having been duly served with notice, fails to appear, the court

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shall find that the department has no duty to make reasonable efforts to strengthen and encourage

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the relationship between the child and the putative father and the lack of such efforts may not be

 

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cited for any purpose in any future proceedings conducted pursuant to the provisions of this

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chapter, the provisions of title 15 chapter 7 or the provisions of title 15 chapter 8.

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      (d) Execution of a written denial of paternity pursuant to this chapter shall have no legal

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effect on paternity or child support proceedings commenced under title 15 chapter 8.

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     (e)(1) At the probable cause hearing credible hearsay evidence may, in the discretion of

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the court, be admissible. The petition may submit a signed physician's report which, while not

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conclusive, shall constitute prima facie evidence to support continued detention of the child

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pursuant to the ex parte order pending a trial on the merits.

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     (2) At any hearing for the purpose of placing a child in the custody or care of other family

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members to ensure the child's health, safety, or welfare, the department shall not submit any

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report to the court, on a non-emergency basis, which recommends as the result of a child

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placement investigation, a person or persons from the extended family of one parent, unless the

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investigation and report also included the interview and consideration of family members from

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both the paternal and maternal branches of the child's family. This requirement shall also apply to

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any award of custody rendered by the court pursuant to ยง40-11-12.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO HUMAN SERVICES - ABUSED AND NEGLECTED CHILDREN

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     This act would exclude recommendations of the department of children, youth and

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families regarding the placement of an abused and neglected child with other family members

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unless the recommendation is based on the investigation of both the paternal and maternal

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branches of the child's family.

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     This act would take effect upon passage.

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