2019 -- S 0476

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - FAMILY COURT

     

     Introduced By: Senators Quezada, Crowley, Nesselbush, Metts, and Ciccone

     Date Introduced: February 27, 2019

     Referred To: Senate Judiciary

     It is enacted by the General Assembly as follows:

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     SECTION 1. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court"

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is hereby amended to read as follows:

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     8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths.

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     (a) There is hereby established a family court, consisting of a chief judge and eleven (11)

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associate justices, to hear and determine all petitions for divorce from the bond of marriage and

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from bed and board; all motions for allowance, alimony, support and custody of children,

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allowance of counsel and witness fees, and other matters arising out of petitions and motions

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relative to real and personal property in aid thereof, including, but not limited to, partitions,

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accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of

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trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction

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is acquired by the court by the filing of petitions for divorce, bed and board and separate

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maintenance; all motions for allowance for support and educational costs of children attending

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high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high

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school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any

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order or decree granting alimony and/or child support, and/or custody and/or visitation of any

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court of competent jurisdiction of another state; modification of any order or decree granting

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alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on

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the ground that there has been a change of circumstances; modification of any order or decree

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granting child support of any court of competent jurisdiction of another state provided: (1) the

 

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order has been registered in Rhode Island for the purposes of modification pursuant to § 15-23.1-

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611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the

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parties; antenuptial agreements, property settlement agreements and all other contracts between

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persons, who at the time of execution of the contracts, were husband and wife or planned to enter

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into that relationship; complaints for support of parents and children; those matters relating to

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delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any

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disability requires special education or treatment and other related services; to hear and determine

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all petitions for guardianship of any child who has been placed in the care, custody, and control of

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the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14

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and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names

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of children under the age of eighteen (18) years; paternity of children born out of wedlock and

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provision for the support and disposition of such children or their mothers; child marriages; those

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matters referred to the court in accordance with the provisions of § 14-1-28; those matters relating

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to adults who shall be involved with paternity of children born out of wedlock; responsibility for

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or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years

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of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon

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such adults for support; neglect to send any child to school as required by law; bastardy

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proceedings and custody to children in proceedings, whether or not supported by petitions for

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divorce or separate maintenance or for relief without commencement of divorce proceedings; and

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appeals of administrative decisions concerning setoff of income tax refunds for past due child

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support in accordance with §§ 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the

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entirety shall not in and of itself preclude the family court from partitioning real estate so held for

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a period of six (6) months after the entry of final decree of divorce.

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     (b) The family court shall be a court of record and shall have a seal which shall contain

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such words and devices as the court shall adopt.

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     (c) The judges and clerk of the family court shall have power to administer oaths and

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affirmations.

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     (d) The family court shall have exclusive initial jurisdiction of all appeals from any

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administrative agency or board affecting or concerning children under the age of eighteen (18)

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years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set

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offs, insurance intercept, and lien enforcement provisions for past due child support, in

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accordance with §§ 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the

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department of human services to withhold income under chapter 16 of title 15.

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     (e) The family court shall have jurisdiction over those civil matters relating to the

 

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enforcement of laws regulating child care providers and child placing agencies.

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     (f) The family court shall have exclusive jurisdiction of matters relating to the revocation

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or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in

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accordance with chapter 11.1 of title 15.

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     [See § 12-1-15 of the General Laws.]

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     (g) Notwithstanding any general or public law to the contrary, the family court shall have

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jurisdiction over all protective orders provided pursuant to the Rhode Island general laws, when

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either party is a juvenile.

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     (h) Notwithstanding any general or public law to the contrary, it is determined that a

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discrete population of vulnerable immigrant children who otherwise qualify for special immigrant

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juvenile status pursuant to 8 U.S.C. § 1101 (a)(27)(j) require recourse to the family court to

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protect them from further parental abandonment, abuse or neglect. For purposes of this

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subsection, the term "child" shall include an unmarried person who is younger than twenty-one

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(21) years of age. The family court shall hear and make findings of an immigrant child under the

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age of twenty-one (21) years, pursuant to a motion for factual findings requesting certain

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determinations including that the child was abused, neglected, or abandoned, and adjudication of

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said motion.

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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 COURTS AND CIVIL PROCEDURE - COURTS - FAMILY COURT

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     This act would expand jurisdiction of the family court related to custody or guardianship

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of immigrant children to include immigrant persons between eighteen (18) years and twenty-one

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(21) years of age for purposes of abuse and neglect determinations in accordance with federal

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law.

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     This act would take effect upon passage.

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