§ 33-15.1-2. Guardianship for education — Educational advocates for children with disabilities under the care and custody of the state.
Whenever the family court places a child in the care and custody of the state, it shall enter an order indicating whether the parents or guardian are to be allowed to continue to make educational decisions on behalf of the child. At the same time, the family court shall make a factual determination pursuant to § 16-64-1 as to the residence of the child’s parent(s) or guardian on the date that the child is placed in the care and custody of the state, subject to § 16-64-6. Thereafter, while the child is in the care of the state, the director of DCYF shall have the duty to update the child’s parent’s residence in accordance with § 42-72.4-1. If the family court enters an order vesting the right to control a child’s education with a state agency, and if the court or the state agency finds that the child is in need of special education, or that the child is suspected of being in need of special education, the court or state agency shall request the commissioner of elementary and secondary education to appoint an educational advocate to exercise the child’s due process rights under applicable state and federal special education laws and regulations. The commissioner of elementary and secondary education shall also have the power to appoint an educational advocate when a child’s parents or guardian cannot be identified or when the whereabouts of a parent cannot be determined. If a parent is identified or the whereabouts of the parent become known, then the commissioner shall terminate the appointment of the educational advocate. An educational advocate, acting in good faith, shall be immune from any liability resulting from the performance of his or her duties as an educational advocate.
History of Section.P.L. 1992, ch. 493, § 5; P.L. 1995, ch. 231, § 1; P.L. 1998, ch. 68, § 4; P.L. 1999, ch. 83, § 77; P.L. 1999, ch. 130, § 77.
Structure Rhode Island General Laws
Title 33 - Probate Practice and Procedure
Chapter 33-15.1 - Guardianship of Minors
Section 33-15.1-1. - Parents as joint natural guardians — Releases.
Section 33-15.1-3. - No preference between parents.
Section 33-15.1-4. - Power of probate court to appoint guardians.
Section 33-15.1-4.1. - Repealed.
Section 33-15.1-5. - Appointment of guardians for minors.
Section 33-15.1-6. - Appointment in lieu of guardian nominated by minor.
Section 33-15.1-7. - Testamentary appointment of guardian for minor children.
Section 33-15.1-8. - Nonresident as guardian of minor.
Section 33-15.1-9. - Guardian of estate of nonresident.
Section 33-15.1-10. - Notice on ward for appointment of guardian of person.
Section 33-15.1-11. - Notice to spouse, children or heirs at law of ward.
Section 33-15.1-12. - Expense of prosecuting or defending against petition.
Section 33-15.1-13. - Exemption of welfare agencies from costs and bond.
Section 33-15.1-14. - Appointment of temporary guardian.
Section 33-15.1-15. - Tenure of temporary guardian.
Section 33-15.1-16. - Powers of temporary guardian — Bond.
Section 33-15.1-17. - Inventory and appraisement of estate.
Section 33-15.1-18. - Statements of claims against estate.
Section 33-15.1-19. - Demands payable in future.
Section 33-15.1-20. - Addresses of creditors — Affidavit to support claim.
Section 33-15.1-21. - Application of personal property to debts — Priority of claims.
Section 33-15.1-22. - Application of property to debts contracted during minority.
Section 33-15.1-23. - Sale or mortgage of real estate.
Section 33-15.1-24. - Sale of personal property.
Section 33-15.1-25. - Notice of disallowance of claims.
Section 33-15.1-27. - Investment of surplus funds — Relief from bond requirements.
Section 33-15.1-28. - General duties with respect to person and estate.
Section 33-15.1-29. - Annual account.
Section 33-15.1-30. - Responsibility of guardians for education of minors.
Section 33-15.1-31. - Powers of guardian with respect to corporate stock.
Section 33-15.1-32. - Support of dependents for whom ward has no legal obligation to provide.
Section 33-15.1-33. - Appeal to supreme court from proceedings under § 33-15.1-32.
Section 33-15.1-34. - Applicability of §§ 33-15.1-32 and 33-15.1-33.
Section 33-15.1-35. - Removal of property by nonresident guardian.
Section 33-15.1-36. - Order to resident guardian to deliver property to nonresident guardian.
Section 33-15.1-37. - Removal of guardian — Resignation.
Section 33-15.1-38. - Allowances to guardians.