§ 14-1-42. Modification of order of commitment — Release, detention, or recommitment of child.
(a) An order of commitment made by the court in the case of a child shall be subject to modification or revocation from time to time.
(b) A parent, guardian, or next friend of a child or counsel for a child who has been committed or assigned by the court to the custody of the department of children, youth and families may at any time file with the court a verified petition, stating that the person or the department has denied an application for the release of the child or has failed to act upon the application within a reasonable time. If the court is of the opinion that an investigation should be had, it may, upon due notice to all concerned, proceed to hear and determine the question at issue. If a petition is filed, it shall be the duty of the court to determine by clear and convincing evidence that there has been a change of circumstances, and where the modification or revocation of the order of commitment is in the best interest of the child and the public, the court may:
(1) Order that the child be restored to the custody of its parent or guardian or be detained in the custody of the person or the department;
(2) Direct the person or the department to make any other arrangements for the child’s care and welfare that the circumstances of the case may require; or
(3) A further order of commitment.
(c) In any case where a child has been certified and adjudicated pursuant to §§ 14-1-7.2 and 14-1-7.3, and sentenced pursuant to § 14-1-7.3(a)(2), the court shall schedule a review of the child’s case thirty (30) days prior to the child’s eighteenth birthday or thirty (30) days prior to the one-year anniversary of the imposition of the sentence, whichever is greater. It shall be the responsibility of the attorney general or of the law enforcement agency making the arrest to notify the victim or victims of the crime for which the juvenile was certified and adjudicated of the pendency of the hearing and afford them the opportunity to be heard. The court shall not hear or determine any other motion for modification of the order of certification, except as provided for in this section. At that time and upon proof by clear and convincing evidence that demonstrates that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification would not pose a threat to the safety of the public, the court may suspend, but shall not vacate, the balance of the sentence.
(d) In the event that the court, after a hearing, determines that it has not been demonstrated by clear and convincing evidence that the person has made sufficient efforts at rehabilitation and that the modification of the order of certification entered pursuant to § 14-1-7.3(a)(2) would pose a threat to the safety of the public, the court shall order either:
(1) That the person be remanded to the training school for youth until further hearing to be held no later than one year thereafter in accordance with subsection (c) of this section; or
(2) That the jurisdiction of the sentence be transferred to the department of corrections and that the balance of the sentence be served in facilities under the control of the department.
(3) In any case where a child has been certified and adjudicated pursuant to § 14-1-7.3(a)(2), upon motion by the attorney general and/or the department of children, youth and families, the court shall conduct a hearing to consider modification of the order of certification if the family court determines that the individual poses a serious threat to the safety of the public, other residents at the training school and/or training school staff. Upon that finding the court may order that the jurisdiction of the sentence be transferred to the department of corrections and that the balance of the sentence be served in facilities under the control of the department.
History of Section.P.L. 1944, ch. 1441, § 27; G.L. 1956, § 14-1-42; P.L. 1990, ch. 15, § 3; P.L. 1990, ch. 18, § 3; P.L. 1992, ch. 380, § 1; P.L. 1993, ch. 425, § 1; P.L. 1994, ch. 334, § 1; P.L. 2001, ch. 77, art. 23, § 2; P.L. 2010, ch. 239, § 24.
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.