Rhode Island General Laws 14-1-69. Hearsay
In any custody and/or termination trial and/or a hearing on a motion or probable cause hearing where a petition has been filed by the department of children, youth, and families in accordance with §§ 14-1-11, 40-11-7 and/or 15-7-7 in the family court, the court may, in its discretion, permit as evidence any statement by a child under the age of thirteen (13) years old about a prescribed act of abuse, neglect, or misconduct by a parent or guardian, if that statement was made spontaneously within a reasonable time after the act is alleged to have occurred, and if the statement was made to someone the child would normally turn to for sympathy, protection, or advice.
History of Section.
P.L. 1985, ch. 381, § 1; P.L. 1998, ch. 303, § 1.
Terms Used In Rhode Island General Laws 14-1-69
- 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
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Neglect: means a child who requires the protection and assistance of the court when his or her physical or mental health or welfare is harmed, or threatened with harm, when the parents or guardian:
(i) Fails to supply the child with adequate food, clothing, shelter, or medical care, though financially able to do so or offered financial or other reasonable means to do so;
(ii) Fails to provide the child proper education as required by law; or
(iii) Abandons and/or deserts the child. See Rhode Island General Laws 14-1-3
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.