2012 -- S 2510

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LC01576

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2012

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A N A C T

RELATING TO COURTS AND CIVIL PROCEDURE - COURTS - FAMILY COURT

     Introduced By: Senators Nesselbush, Perry, Miller, Pichardo, and Doyle

     Date Introduced: February 16, 2012

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. This act shall be known and may be cited as the “Equal Access to Family

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Court Act.”

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     SECTION 2. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court"

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is hereby amended to read as follows:

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     8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths. -- (a) There is hereby

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established a family court, consisting of a chief judge and eleven (11) associate justices, to hear

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and determine all petitions for divorce from the bond of marriage and from bed and board;

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petitions for dissolution of civil unions; all motions for allowance, alimony, support and custody

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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23.1-611, or (2) Rhode Island issued the order and has continuing exclusive jurisdiction over the

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

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

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to enter into that a spousal relationship; complaints for support of parents and children; those

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matters relating to delinquent, wayward, dependent, neglected, or children with disabilities who

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by reason of any disability requires special education or treatment and other related services; to

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

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custody, and control of the department for children, youth, and families pursuant to the provisions

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of chapter 1 of title 14 and chapter 11 of title 40; adoption of children under eighteen (18) years

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of age; change of names of children under the age of eighteen (18) years; paternity of children

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born out of wedlock and provision for the support and disposition of such children or their

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mothers; child marriages; those matters referred to the court in accordance with the provisions of

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section 14-1-28; those matters relating to adults who shall be involved with paternity of children

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born out of wedlock; responsibility for or contributing to the delinquency, waywardness, or

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neglect of children under sixteen (16) years of age; desertion, abandonment, or failure to provide

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subsistence for any children dependent upon such adults for support; neglect to send any child to

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school as required by law; bastardy proceedings and custody to children in proceedings, whether

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or not supported by petitions for divorce or separate maintenance or for relief without

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commencement of divorce proceedings; and appeals of administrative decisions concerning setoff

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of income tax refunds for past due child support in accordance with sections 44-30.1-5 and 40-6-

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21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the

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family court from partitioning real estate so held for a period of six (6) months after the entry of

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final decree of divorce. Consistent with established comity law, regardless of the sex of the

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parties or whether the parties would have been eligible to marry in Rhode Island, the parties to

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any marriage, celebrated in any state of the United States, possession of the United States, or in

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any foreign country may petition for a divorce proceeding in this state so long as the parties meet

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the jurisdictional requirements of section 15-5-12.

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

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such words and devices as the court shall adopt.

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

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affirmations.

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

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

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

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

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

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

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      (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.

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

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

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accordance with chapter 11.1 of title 15.

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

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

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

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either party is a juvenile.

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     SECTION 3. This act shall take effect upon passage and apply to any marriage or civil

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union whether entered into before or after the effective date of this act.

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LC01576

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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 broaden the power of the family court to hear petitions for dissolution of

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civil unions and marriages regardless of the sex of the parties.

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     This act would take effect upon passage and would apply to civil unions and all

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marriages which were entered into before or after the effective date of this act.

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LC01576

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