Chapter 04-105

2004 -- H 7397 SUBSTITUTE A AS AMENDED

Enacted 06/16/04

A N A C T

RELATING TO EDUCATION

Introduced By: Representatives Winfield, Montanaro, Lima, and Smith

Date Introduced: January 29, 2004

It is enacted by the General Assembly as follows:

     SECTION 1. Section 14-1-32 of the General Laws in Chapter 14-1 entitled "Proceedings

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

14-1-32. Power of court to order disposition of child. -- If the court finds that a child is

delinquent, wayward, neglected, dependent, or otherwise within the provisions of this chapter, it

may by order duly entered proceed as follows:

      (1) The court may place the child on probation or under supervision in his or her own

home or in the custody of a relative or other suitable person, or in the custody of the director of

children, youth and families, upon any terms the court determines. Nothing in this section shall

prohibit the placement of a child in any facility licensed or approved by another department of

state government, upon any terms that the court shall determine; provided, that if the court finds

that a child is delinquent or wayward for any offense which has resulted in damage to the

property of another, then the court may order that appropriate monetary restitution be made

immediately to the owner of the damaged property by the child, his or her parent, parents, or

guardian or other lawful custodian, upon examination and after a finding that the child, or his or

her parent, parents, or guardian or other lawful custodian, has the ability to pay restitution.

      (2) The court may order the child to engage in community restitution at a state or

municipal agency or department in addition to or in lieu of restitution, for a period of time to be

determined by the court.

      (3) The court may order the parent or parents of the child to undertake a program of

counseling, which program shall be designed to attempt to remedy those conditions which led to

the child's coming before the court.

      (4) The court may, by order duly entered, prior to a finding that a child is delinquent,

wayward, neglected, dependent, or otherwise within the provisions of this chapter, place the

petition on file. The court may, in its discretion, attach conditions to the petition. The conditions

shall be a valid court order. If no action is taken on the petition for a period of one year or less, if

so ordered, following the filing, the authorization issuing the petition shall be revoked by the

clerk and the petition shall be closed.

(5) The court may, after a hearing on either a stenographic or tape recorded record, and after

also considering any need of the juvenile and/or the juvenile’s family for the juvenile to have a

driver’s license, the relative benefits of the juvenile retaining or losing driving privileges, and whether

any circumstances in the school environment or educational services are adversely affecting the

juvenile’s school attendance deny, revoke, suspend and/or reinstate a juvenile’s driving privileges

including both the learning license and/or driver’s license of any juvenile deemed wayward as a result

of the family court finding the child truant pursuant to chapter 19 of title 16 and/or wayward/delinquent.

     SECTION 2. This act shall take effect on January 15, 2005.

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LC00195/SUB A/2

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