§ 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, 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.
Structure Rhode Island General Laws
Title 14 - Delinquent and Dependent Children
Chapter 14-1 - Proceedings in Family Court
Section 14-1-1. - Short title.
Section 14-1-2. - Purpose of chapter.
Section 14-1-3. - Definitions.
Section 14-1-4. - Idleness or frequenting of disreputable places.
Section 14-1-5. - Exclusive jurisdiction.
Section 14-1-5.1. - Age in dispute.
Section 14-1-6. - Retention of jurisdiction.
Section 14-1-6.2. - Sentencing.
Section 14-1-7. - Waiver of jurisdiction or certification hearing.
Section 14-1-7.1. - Waiver of jurisdiction — Proof.
Section 14-1-7.2. - Certification — Proof.
Section 14-1-7.3. - Certification — Effect.
Section 14-1-7.4. - Waiver or certification of juvenile drug offenders.
Section 14-1-8. - Jurisdiction over adults.
Section 14-1-9. - Waiver of jurisdiction over adult.
Section 14-1-10. - Preliminary investigation on information furnished to court.
Section 14-1-11. - Authorizing and filing petition.
Section 14-1-11.1. - Commitment of voluntary placements.
Section 14-1-12. - Form and contents of petition.
Section 14-1-13. - Complaints pertaining to feeble-minded persons.
Section 14-1-14. - Petitions for adoption.
Section 14-1-15. - Warrants for offenses against children.
Section 14-1-16. - Summons of child or adult in charge of child.
Section 14-1-17. - Service of summons.
Section 14-1-18. - Process running throughout state — Persons authorized to serve.
Section 14-1-19. - Failure to obey summons.
Section 14-1-20. - Release or placement of child in custody of officer.
Section 14-1-21. - Release or detention of child under custody of court.
Section 14-1-22. - Taking child into immediate custody.
Section 14-1-23. - Place of detention of juveniles.
Section 14-1-24. - Care of girls detained.
Section 14-1-25. - Arrest of juveniles without warrant.
Section 14-1-26. - Separation from adult offenders.
Section 14-1-26.1. - Temporary custody of status and non-offenders.
Section 14-1-27. - Temporary detention in public or private institutions.
Section 14-1-28. - Transfer of cases from other courts.
Section 14-1-29. - Times and places of hearings.
Section 14-1-30. - Conduct of hearings.
Section 14-1-30.1. - Compelling evidence in hearings — Immunity.
Section 14-1-30.2. - Foster parents — Notice of court proceedings.
Section 14-1-31. - Services of public defender.
Section 14-1-32. - Power of court to order disposition of child.
Section 14-1-32.1. - Juvenile victim restitution program.
Section 14-1-32.2. - Administration of program — Payment for services.
Section 14-1-32.3. - Appropriations.
Section 14-1-32.4. - Family counseling for drug or alcohol related offenses.
Section 14-1-33. - Supervision of child placed on probation.
Section 14-1-35. - Guardianship of agency to which child entrusted — Adoption proceedings.
Section 14-1-36. - Commitment of delinquent and wayward children.
Section 14-1-36.1. - Release from training school.
Section 14-1-36.3. - Community confinement.
Section 14-1-37. - Other disposition for best interests of child.
Section 14-1-38. - Insufficient evidence of waywardness or delinquency.
Section 14-1-39. - Fees for delivery of child to court or institution.
Section 14-1-40. - Adjudication not having effect of conviction.
Section 14-1-41. - Protection of religious faith.
Section 14-1-44. - Effect of order for maintenance — Enforcement.
Section 14-1-45. - Procedures in adult cases — Sentence.
Section 14-1-45.1. - Compelling evidence in adult cases — Immunity.
Section 14-1-46. - Institution of proceedings against adults — Process.
Section 14-1-47. - Trial by judge or jury.
Section 14-1-48. - Jury trial in family court.
Section 14-1-48.1. - Powers of chief judge in jury trials.
Section 14-1-49. - Fees for service of process or attendance in court.
Section 14-1-50. - [Obsolete.]
Section 14-1-51. - Physical or mental examination and treatment.
Section 14-1-53. - Effect of pendency of appeal.
Section 14-1-54 - — 14-1-57. Repealed.
Section 14-1-59. - Cooperation of public and private agencies.
Section 14-1-59.1. - Procedural safeguards.
Section 14-1-61. - Rules of court.
Section 14-1-62. - Construction of chapter.
Section 14-1-63. - [Obsolete.]
Section 14-1-64. - Disposition of juvenile records.
Section 14-1-65. - Hearings for out-of-state placement of children.
Section 14-1-66. - Application by victim to obtain name of juvenile.
Section 14-1-67.1. - Revocation of motor vehicle operator’s license for failure to make restitution.
Section 14-1-68. - Child witness.