Chapter 236

2010 -- H 8208 AS AMENDED

Enacted 06/25/10

 

A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE--COURTS -- FAMILY COURT

          

     Introduced By: Representative Nicholas A. Mattiello

     Date Introduced: June 02, 2010

 

It is enacted by the General Assembly as follows:

 

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

is hereby amended to read as follows:

 

     8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths. -- (a) There is hereby

established a family court, consisting of a chief judge and eleven (11) associate justices, to hear

and determine all petitions for divorce from the bond of marriage and from bed and board; all

motions for allowance, alimony, support and custody of children, allowance of counsel and

witness fees, and other matters arising out of petitions and motions relative to real and personal

property in aid thereof, including, but not limited to, partitions, accountings, receiverships,

sequestration of assets, resulting and constructive trust, impressions of trust, and such other

equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the

court by the filing of petitions for divorce, bed and board and separate maintenance; all motions

for allowance for support and educational costs of children attending high school at the time of

their eighteenth (18th) birthday and up to ninety (90) days after high school graduation, but in no

case beyond their nineteenth (19th) birthday; enforcement of any order or decree granting

alimony and/or child support, and/or custody and/or visitation of any court of competent

jurisdiction of another state; modification of any order or decree granting alimony and/or custody

and/or visitation of any court of competent jurisdiction of another state on the ground that there

has been a change of circumstances; modification of any order or decree granting child support of

any court of competent jurisdiction of another state provided: (1) the order has been registered in

Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode

Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial

agreements, property settlement agreements and all other contracts between persons, who at the

time of execution of the contracts, were husband and wife or planned to enter into that

relationship; complaints for support of parents and children; those matters relating to delinquent,

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

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

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

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

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

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

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

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

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

responsibility for or contributing to the delinquency, waywardness, or neglect of children under

sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any

children dependent upon such adults for support; neglect to send any child to school as required

by law; bastardy proceedings and custody to children in proceedings, whether or not supported by

petitions for divorce or separate maintenance or for relief without commencement of divorce

proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for

past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real

estate as tenants by the entirety shall not in and of itself preclude the family court from

partitioning real estate so held for a period of six (6) months after the entry of final decree of

divorce.

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

such words and devices as the court shall adopt.

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

affirmations.

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

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

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

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

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

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

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

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

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

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

accordance with chapter 11.1 of title 15.

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

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

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

either party is a juvenile.

 

     SECTION 2. Section 11-37.2-1 of the General Laws in Chapter 11-37.2 entitled "Sexual

Assault Protective Orders" is hereby amended to read as follows:

 

     11-37.2-1. Filing of complaint. -- (a) Proceedings under this chapter shall be filed, heard

and determined in the district court of the division in which the moving party resides except when

either party is a juvenile. Any proceedings under this chapter shall not preclude any other

available civil or criminal remedies. A party filing a complaint under this chapter may do so

without payment of any filing fee. There shall be no minimum residence requirements for the

bringing of an action under this chapter.

      (b) Answers to the summons and complaint shall be made within ten (10) days of service

upon the defendant and the action shall take precedence on the calendar. If no answer is filed

within the time prescribed, judgment shall enter forthwith.

 

     SECTION 3. This act shall take effect upon passage.

     

=======

LC02795

=======