Rhode Island General Laws 33-15.2-105. Cooperation between courts
(a) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to:
(1) Hold an evidentiary hearing;
(2) Order a person in that state to produce or give evidence pursuant to procedures of that state;
(3) Order that an evaluation or assessment be made of the respondent, or order any appropriate investigation of a person involved in a proceeding;
(4) Forward to the court of this state a certified copy of the transcript or other record of a hearing under subsection (a)(1) of this section or any other proceeding, any evidence otherwise presented under subsection (a)(2) of this section, and any evaluation or assessment prepared in compliance with the request under subsection (a)(3) of this section;
(5) Issue any other order necessary to assure the appearance of a person necessary to make a determination, including the respondent or the incapacitated or protected person; and
(6) Issue an order after a hearing, if requested, authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R. § 160.103, as amended, to the extent permitted by law other than this chapter.
Terms Used In Rhode Island General Laws 33-15.2-105
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, corporation, business trust, estate, trust, partnership, limited-liability company, association, joint venture, government or governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity. See Rhode Island General Laws 33-15.2-102
- Protected person: means an adult for whom a protective order has been made. See Rhode Island General Laws 33-15.2-102
- Protective proceeding: means a judicial proceeding in which a protective order is sought or has been issued. See Rhode Island General Laws 33-15.2-102
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See Rhode Island General Laws 33-15.2-102
- Respondent: means an adult for whom a protective order or the appointment of a guardian is sought. See Rhode Island General Laws 33-15.2-102
- State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. See Rhode Island General Laws 33-15.2-102
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a) of this section, a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.
History of Section.
P.L. 2015, ch. 210, § 1; P.L. 2015, ch. 241, § 1.