Rhode Island General Laws 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.
Terms Used In Rhode Island General Laws 14-1-11
- Adult: means a person eighteen (18) years of age or older. See Rhode Island General Laws 14-1-3
- Arrest: Taking physical custody of a person by lawful authority.
- Child: means a person under eighteen (18) years of age. See Rhode Island General Laws 14-1-3
- court: means the family court of the state of Rhode Island. See Rhode Island General Laws 14-1-3
- Delinquent: when applied to a child, means and includes any child who has committed any offense that, if committed by an adult, would constitute a felony, or who has on more than one occasion violated any of the other laws of the state or of the United States or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor vehicles. See Rhode Island General Laws 14-1-3
- 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.
- Justice: means a justice of the family court. See Rhode Island General Laws 14-1-3
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Public defender: Represent defendants who can't afford an attorney in criminal matters.
- Wayward: when applied to a child, means and includes any child:
(i) Who has deserted his or her home without good or sufficient cause;
(ii) Who habitually associates with dissolute, vicious, or immoral persons;
(iii) Who is leading an immoral or vicious life;
(iv) Who is habitually disobedient to the reasonable and lawful commands of his or her parent or parents, guardian, or other lawful custodian;
(v) Who, being required by chapter 19 of Title 16 to attend school, willfully and habitually absents himself or herself from school or habitually violates the rules and regulations of the school when he or she attends;
(vi) Who has, on any occasion, violated any of the laws of the state or of the United States or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor vehicles; or
(vii) Any child under seventeen (17) years of age who violates Rhode Island General Laws 14-1-3
(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, that in the opinion of the 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 that would constitute a felony or misdemeanor if committed by an adult or 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 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, 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 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.
History of Section.
P.L. 1944, ch. 1441, § 18; G.L. 1956, § 14-1-11; impl. am. P.L. 1961, ch. 73, § 14; P.L. 1977, ch. 67, § 1; P.L. 1981, ch. 184, § 1; P.L. 1983, ch. 285, § 1; P.L. 1985, ch. 98, § 1; P.L. 2001, ch. 77, art. 23, § 1; P.L. 2008, ch. 100, art. 17, § 9; P.L. 2015, ch. 190, § 1.