Chapter 036

2009 -- H 5267 SUBSTITUTE A AS AMENDED

Enacted 09/02/09

 

A N A C T

RELATING TO EDUCATION -- COMPULSORY ATTENDANCE

          

     Introduced By: Representative Deborah L. Ruggiero

     Date Introduced: February 03, 2009

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 16-19-8 of the General Laws in Chapter 16-19 entitled

"Compulsory Attendance" is hereby amended to read as follows:

 

     16-19-8. Jurisdiction of family court. -- (a) Jurisdiction of cases arising under section

16-19-1 may reside with juvenile hearing boards in those cities and towns that so desire to hear

these cases and which have established juvenile hearing boards. Any municipal juvenile hearing

board established pursuant to this section shall, prior to hearing any compulsory attendance cases,

inform the chief judge of the family court, in writing, of its establishment and plan to hear

compulsory attendance cases. In all other cases arising under section 16-19-1 jurisdiction shall be

with the family court. The town of Jamestown shall have the authority to establish a juvenile

hearing board pursuant to this section.

      (b) The family court shall also have authority to issue equitable orders, enforceable

through contempt of court proceedings, needed to enforce section 16-19-1. As an alternative to

the procedure set out in section 16-19-1, the school committee may file a civil complaint seeking

injunctive relief in truancy cases. If the family court rules in favor of the school committee the

court may issue an injunction, enforceable through contempt of court proceedings, requiring

compliance with the compulsory attendance law. Neither prior resort to enforcement proceedings

under section 16-19-1 nor a showing of irreparable injury shall be prerequisite to injunctive relief

under this section.

 

     SECTION 2. This act shall take effect upon passage.

 

     SECTION 1. Chapter 8-10 of the General Laws entitled "Family Court" is hereby

amended by adding thereto the following section:

 

     8-10-23.3. Jamestown Juvenile hearing board. -- The town of Jamestown shall have

the authority to create a juvenile hearing board subject to the provisions of section 8-10-23.1, and

the requirements of the town's regulations, charter or ordinances.

 

     SECTION 2. This act shall take effect upon passage.

 

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LC00911/SUB A

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