2019 -- H 5788

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - FAMILY COURT

     Introduced By: Representatives Shanley, and Mendez

     Date Introduced: February 28, 2019

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court"

is hereby amended to read as follows:

     8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths.

     (a) There is hereby established a family court, consisting of a chief judge and eleven (11)

associate justices, to hear and determine all petitions for divorce from the bond of marriage and

from bed and board; all motions for allowance, alimony, support and custody of children,

allowance of counsel and witness fees, and other matters arising out of petitions and motions

relative to real and personal property in aid thereof, including, but not limited to, partitions,

accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of

trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction

is acquired by the court by the filing of petitions for divorce, bed and board and separate

maintenance; all motions for allowance for support and educational costs of children attending

high school at the time of their eighteenth (18th) birthday and up to ninety (90) days after high

school graduation, but in no case beyond their nineteenth (19th) birthday; enforcement of any

order or decree granting alimony and/or child support, and/or custody and/or visitation of any

court of competent jurisdiction of another state; modification of any order or decree granting

alimony and/or custody and/or visitation of any court of competent jurisdiction of another state on

the ground that there has been a change of circumstances; modification of any order or decree

granting child support of any court of competent jurisdiction of another state provided: (1) the

order has been registered in Rhode Island for the purposes of modification pursuant to § 15-23.1-

611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the

parties; antenuptial agreements, property settlement agreements and all other contracts between

persons, who at the time of execution of the contracts, were husband and wife or planned to enter

into that relationship; complaints for support of parents and children; those matters relating to

delinquent, wayward, dependent, neglected, or children with disabilities who by reason of any

disability requires special education or treatment and other related services; to hear and determine

all petitions for guardianship of any child who has been placed in the care, custody, and control of

the department for children, youth, and families pursuant to the provisions of chapter 1 of title 14

and chapter 11 of title 40; adoption of children under eighteen (18) years of age; change of names

of children under the age of eighteen (18) years; paternity of children born out of wedlock and

provision for the support and disposition of such children or their mothers; child marriages; those

matters referred to the court in accordance with the provisions of § 14-1-28; those matters relating

to adults who shall be involved with paternity of children born out of wedlock; responsibility for

or contributing to the delinquency, waywardness, or neglect of children under sixteen (16) years

of age; desertion, abandonment, or failure to provide subsistence for any children dependent upon

such adults for support; neglect to send any child to school as required by law; bastardy

proceedings and custody to children in proceedings, whether or not supported by petitions for

divorce or separate maintenance or for relief without commencement of divorce proceedings; and

appeals of administrative decisions concerning setoff of income tax refunds for past due child

support in accordance with §§ 44-30.1-5 and 40-6-21. The holding of real estate as tenants by the

entirety shall not in and of itself preclude the family court from partitioning real estate so held for

a period of six (6) months after the entry of final decree of divorce.

     (b) The family court shall be a court of record and shall have a seal which shall contain

such words and devices as the court shall adopt.

     (c) The judges and clerk of the family court shall have power to administer oaths and

affirmations.

     (d) The family court shall have exclusive initial jurisdiction of all appeals from any

administrative agency or board affecting or concerning children under the age of eighteen (18)

years and appeals of administrative decisions concerning setoff of income tax refunds, lottery set

offs, insurance intercept, and lien enforcement provisions for past due child support, in

accordance with §§ 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the

department of human services to withhold income under chapter 16 of title 15.

     (e) The family court shall have jurisdiction over those civil matters relating to the

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enforcement of laws regulating child care providers and child placing agencies.

     (f) The family court shall have exclusive jurisdiction of matters relating to the revocation

or nonrenewal of a license of an obligor due to noncompliance with a court order of support, in

accordance with chapter 11.1 of title 15.

     [See § 12-1-15 of the General Laws.]

     (g) Notwithstanding any general or public law to the contrary, the family court shall have

jurisdiction over all protective orders provided pursuant to the Rhode Island general laws, when

either party is a juvenile.

     (h) Notwithstanding any general or public law to the contrary, it is determined that a

discrete population of vulnerable immigrant children who otherwise qualify for special immigrant

juvenile status pursuant to 8 U.S.C. § 1101 (a)(27)(j) require recourse to the family court to

protect them from further parental abandonment, abuse or neglect. For purposes of this

subsection, the term "child" shall include an unmarried person who is younger than twenty-one

(21) years of age. The family court shall hear and make findings of an immigrant child under the

age of twenty-one (21) years, pursuant to a motion for factual findings requesting certain

determinations including that the child was abused, neglected, or abandoned, and adjudication of

said motion.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - FAMILY COURT

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     This act would expand jurisdiction of the family court related to custody or guardianship

of immigrant children to include immigrant persons between eighteen (18) years and twenty-one

(21) years of age for purposes of abuse and neglect determinations in accordance with federal

law.

     This act would take effect upon passage.

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