| Chapter 190 |
| 2015 -- S 0583 SUBSTITUTE A AS AMENDED Enacted 07/09/2015 |
| A N A C T |
| RELATING TO DELINQUENT AND DEPENDENT CHILDREN-PROCEEDINGS IN FAMILY COURT |
| Introduced By: Senators McCaffrey, and Lynch |
| Date Introduced: March 03, 2015 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Section 14-1-11 of the General Laws in Chapter 14-1 entitled "Proceedings |
| in Family Court" is hereby amended to read as follows: |
| 14-1-11. Authorizing and filing petition. -- (a) The filing of the petition constitutes |
| assumption of jurisdiction over the child. Filing shall take place upon authorization by the intake |
| department upon completion of its procedures pursuant to Rule 3 of the Rules of Juvenile |
| Proceedings, upon authorization by a justice of the family court pursuant to Rule 4 of the Rules of |
| Juvenile Proceedings, or immediately upon appearance of the child before the court following |
| emergency detention, unless the court otherwise orders. |
| (b) In the event that a petition is filed, any appropriate person having knowledge, |
| information, or belief of the material facts that appear to warrant a petition may be a petitioner |
| under this chapter and is not required to give recognizance or surety for costs. The petition shall |
| be directed to the family court of the state of Rhode Island, setting forth forth, that in the opinion |
| of the petitioner petitioner the child is a delinquent, wayward, dependent, or neglected child, or |
| otherwise comes within the provisions of this chapter, and requires the care and protection of the |
| state, and all petitions, with the exception of those requesting the arrest and/or detention of any |
| person, shall be sworn to before a licensed notary public. Those exceptions, as stated above, shall |
| be sworn to by either a justice or clerk of the family court. |
| (c) No child shall be ordered detained at the training school unless there is pending |
| against the child a petition setting forth facts which that would constitute a felony or |
| misdemeanor if committed by an adult or which that alleges a violation of a valid court order, or |
| unless the child is adjudged in contempt of court. Provided, the family court shall not detain a |
| juvenile at the training school for the violation of a valid court order, until a hearing is conducted |
| and it is determined that the child intentionally violated the order, and the violation involves the |
| failure of the child to engage in services or activities intended to protect or promote the child's |
| health or safety, or the health or safety of any other person or persons. |
| In the event a child is ordered to be detained at the training school, the family court shall |
| conduct a probable cause hearing within five (5) calendar days of the child's detention (exclusive |
| of weekends and/or holidays). At the conclusion of the probable cause hearing, the court shall |
| order the release of the child from the training school unless the court finds that the child poses a |
| substantial risk of harm to self or to others. |
| Nothing in this section prohibits the temporary commitment by the family court to the |
| department of children, youth, youth and families for placement of a child in a specific facility |
| or program other than the training school for youth. |
| (d) The department of children, youth and families, in consultation with law enforcement |
| agencies, the attorney general, the office of the public defender defender, and the family court, |
| shall develop and implement a detention risk assessment instrument by no later than July 1, 2009. |
| (e) No child shall be placed in detention at the training school unless a determination is |
| made by the family court that the child poses a substantial risk of harm to self or to others. |
| (f) No petition alleging that a child is wayward by virtue of disobedient behavior may be |
| filed except upon proof offered in the petition that the child has been subjected to a needs |
| assessment conducted at a facility approved by the director of the department of children, youth |
| and families, families and that a treatment plan resulting from that assessment has been |
| unsuccessful. |
| (g) The director of the department of children, youth and families is authorized and |
| directed to promulgate any rules and regulations that it deems necessary to implement the |
| provisions and purposes of this section. |
| SECTION 2. This act shall take effect on September 30, 2015. |
| ======== |
| LC001677/SUB A |
| ======== |