2022 -- S 2231 | |
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LC003876 | |
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STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2022 | |
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A N A C T | |
RELATING TO COURTS AND CIVIL PROCEDURE -- COURTS -- FAMILY COURT -- | |
EXPUNGEMENTS | |
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Introduced By: Senators Archambault, F Lombardi, Coyne, Euer, and McCaffrey | |
Date Introduced: February 08, 2022 | |
Referred To: Senate Judiciary | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Chapter 8-10 of the General Laws entitled "Family Court" is hereby amended |
2 | by adding thereto the following section: |
3 | 8-10-46. Expungement of child abuse findings. |
4 | (a) An eligible person may file a motion in family court for the expungement of all records |
5 | of a substantiated finding of child abuse or neglect made by the department of children, youth, and |
6 | families. |
7 | (b) An eligible person under this section means a person who has a record of a substantiated |
8 | finding and who has no other history of substantiated findings and against whom there is no child |
9 | abuse or neglect investigation pending. |
10 | (c) An eligible person may file a motion for expungement of a substantiated finding after |
11 | three (3) years from the date of the finding. |
12 | (d) The movant shall have the burden of proof to show, by clear and convincing evidence, |
13 | that: |
14 | (1) There is little likelihood that the movant will be a future perpetrator of child abuse or |
15 | neglect; and |
16 | (2) The information has insufficient current probative value to justify its retention in the |
17 | record. |
18 | (e) The court may consider the following factors in deciding the motion: |
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1 | (1) The nature of the allegations leading to the finding; |
2 | (2) The age at the time of the alleged acts, and the amount of time that has elapsed; |
3 | (3) The circumstances that would indicate whether a similar incident would be likely to |
4 | reoccur; |
5 | (4) Any activities that would reflect upon the movant's changed behavior or circumstances, |
6 | such as therapy, employment, or education; |
7 | (5) Any references that attest to the movant's good moral character; and |
8 | (6) Any other information the court deems relevant. |
9 | (f) If the court grants the motion, it shall order all records relating to the finding removed |
10 | from public inspection. Any custodian of records of substantiated findings shall not disclose the |
11 | existence of the finding upon inquiry from any source unless the inquiry is that of the individual |
12 | whose record was expunged. The custodian of any records of substantiated findings which have |
13 | been expunged pursuant to this section shall only release or allow access to those records by order |
14 | of a court. |
15 | 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 -- | |
EXPUNGEMENTS | |
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1 | This act would create a family court process to expunge a substantiated finding of child |
2 | abuse or neglect by the department of children, youth and families. |
3 | This act would take effect upon passage. |
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