2013 -- H 5161

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN

FAMILY COURT

     

     

     Introduced By: Representatives Slater, McLaughlin, DeSimone, Lally, and Tanzi

     Date Introduced: January 24, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 14-1-33 of the General Laws in Chapter 14-1 entitled "Proceedings

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in Family Court" is hereby amended to read as follows:

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     14-1-33. Supervision of child placed on probation. -- (a) Whenever the court places a

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child on probation, the court may do so upon any terms and conditions, not inconsistent with law,

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that the court may deem best for the welfare of the child, but unless otherwise ordered by the

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court, a probation counselor may make any arrangements for the care of the child that he or she

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may deem best for its welfare, and may release the child in the care of its parent, guardian, or

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other lawful custodian, or in the care of any relative of the child. If a child has been placed on

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probation as provided in this chapter, the probation counselor may at any time before the

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discharge of the child take the child before the court without a warrant, or the court may issue a

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warrant to bring the child before the family court. When the child is before the court, the court

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may make any disposition of the case which it might have made before the child was placed on

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probation, or may continue or extend the period of probation.

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      (b) At the end of the probation period of a child, the probation counselor shall make a

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report to the court, in writing, as to the conduct of the child during that period.

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      (c) If, at any time during a child’s probationary term, the child is charged with an

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additional and subsequent offense, the probation counselor shall file a petition in the family court

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alleging that the child has violated probation.

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     (d) If, at any time during a child’s probationary term the child violates a condition of

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probation in a manner that does not constitute an offense, the probation counselor may file a

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petition in the family court alleging that the child has violated probation.

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     SECTION 2. This act shall take effect upon passage.

     

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LC00510

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN - PROCEEDINGS IN

FAMILY COURT

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     This act would require that if a juvenile commits a crime or otherwise violates the terms

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of his or her probation that such juvenile be charged as a violator and brought promptly before the

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family court.

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     This act would take effect upon passage.

     

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LC00510

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H5161