§ 40-11-12. Award of custody.
(a) If the court shall find that a child is abused or neglected within the meaning of this chapter, the court shall by decree duly enter process as follows.
(b) Place the child under the supervision of the department in his or her own home if the court makes a determination that the child will be safely maintained in the home, or award the care, custody, and control of the child to the department upon terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents, or other person previously having custody or care of the child, under circumstances consistent with the child’s safety.
(c) The court may require the parent, or person previously having custody, to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody.
(d) When a child has been placed in the care, custody, and control of the department pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power to appoint a guardian of the person of the child.
(e) No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department of children, youth and families.
(f) The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with the child and the child’s parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, after a hearing on a motion for revocation, that continuation of the guardianship is not in the best interests of the child.
(g) Notice of any hearing on such motion shall be provided by the moving party to the department of children, youth and families, the court-appointed special advocate, the parent or guardian, and any and all other interested parties.
History of Section.P.L. 1976, ch. 91, § 2; P.L. 1994, ch. 195, § 1; P.L. 1994, ch. 263, § 1; P.L. 1997, ch. 47, § 1; P.L. 1997, ch. 63, § 1; P.L. 1998, ch. 87, § 3; P.L. 2006, ch. 216, § 23.
Structure Rhode Island General Laws
Chapter 40-11 - Abused and Neglected Children
Section 40-11-2. - Definitions.
Section 40-11-3. - Duty to report — Deprivation of nutrition or medical treatment.
Section 40-11-3.1. - Duty to report death of child due to child abuse or neglect.
Section 40-11-3.2. - False reporting of child abuse and neglect.
Section 40-11-3.3. - Duty to report — Sexual abuse of a child in an educational program.
Section 40-11-4. - Immunity from liability.
Section 40-11-5. - Protective custody by physician or law enforcement officer.
Section 40-11-6. - Report by physicians and healthcare providers of abuse or neglect.
Section 40-11-6.1. - Penalty for failure to report or perform required act.
Section 40-11-7.1. - Family court proceedings.
Section 40-11-7.2. - Evidence.
Section 40-11-7.3. - Mediation of child protection matters.
Section 40-11-8. - Injury control unit.
Section 40-11-9. - Duties of law enforcement agency.
Section 40-11-10. - Use of physician’s report for petition for removal.
Section 40-11-11. - Abrogation of privileged communications.
Section 40-11-12. - Award of custody.
Section 40-11-12.1. - Family court review.
Section 40-11-12.2. - Permanency plan — Order of court.
Section 40-11-12.3. - Guardianship subsidy.
Section 40-11-12.4. - Restraining orders.
Section 40-11-13. - Confidentiality of reports and records — Penalty for disclosure.
Section 40-11-13.1. - Destruction of reports and records.
Section 40-11-14. - Right to representation in court proceedings.
Section 40-11-15. - Religious practices.
Section 40-11-16. - Severability.
Section 40-11-17. - Shaken-baby syndrome prevention initiative.
Section 40-11-18. - Children’s advocacy centers — Services — Requirements.