2013 -- S 0702

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LC02029

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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 COURTS AND CIVIL PROCEDURE -- COURTS--FAMILY COURT

     Introduced By: Senators McCaffrey, Paiva Weed, Jabour, and Lynch

     Date Introduced: March 07, 2013

     Referred To: Senate Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. 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) twelve (12) associate

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

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

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counsel and witness fees, and other matters arising out of petitions and motions relative to real

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

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

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such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired

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by the court by the filing of petitions for divorce, bed and board and separate maintenance; all

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motions for allowance for support and educational costs of children attending high school at the

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

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but in no case beyond their nineteenth (19th) birthday; enforcement of any order or decree

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granting alimony and/or child support, and/or custody and/or visitation of any court of competent

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jurisdiction of another state; modification of any order or decree granting alimony and/or custody

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and/or visitation of any court of competent jurisdiction of another state on the ground that there

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has been a change of circumstances; modification of any order or decree granting child support of

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any court of competent jurisdiction of another state provided: (1) the order has been registered in

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Rhode Island for the purposes of modification pursuant to section 15-23.1-611, or (2) Rhode

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Island issued the order and has continuing exclusive jurisdiction over the parties; antenuptial

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agreements, property settlement agreements and all other contracts between persons, who at the

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time of execution of the contracts, were husband and wife or planned to enter into that

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relationship; complaints for support of parents and children; those matters relating to delinquent,

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

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

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

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

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

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

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

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

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

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responsibility for or contributing to the delinquency, waywardness, or neglect of children under

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sixteen (16) years of age; desertion, abandonment, or failure to provide subsistence for any

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children dependent upon such adults for support; neglect to send any child to school as required

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by law; bastardy proceedings and custody to children in proceedings, whether or not supported by

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petitions for divorce or separate maintenance or for relief without commencement of divorce

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proceedings; and appeals of administrative decisions concerning setoff of income tax refunds for

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past due child support in accordance with sections 44-30.1-5 and 40-6-21. The holding of real

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estate as tenants by the entirety shall not in and of itself preclude the family court from

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partitioning real estate so held for a period of six (6) months after the entry of final decree of

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divorce.

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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 2. Section 8-10-3.2 of the General Laws in Chapter 8-10 entitled "Family

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Court" is hereby repealed.

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     8-10-3.2. General magistrate of the family court. -- (a) There is hereby created within

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the family court the position of general magistrate of the family court who shall be appointed by

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the chief judge of the family court with the advice and consent of the senate for a term of ten (10)

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years and until a successor is appointed and qualified. Nothing herein shall be construed to

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prohibit the assignment of the general magistrate to more than one such term, subject to the

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advice and consent of the senate.

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      (b) The general magistrate shall be an attorney at law and a member in good standing of

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the Rhode Island bar.

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      (c) The primary function of the general magistrate shall be the enforcement of child

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support decrees, orders, and law relative to child support. The general magistrate shall have all

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the authority and powers vested in magistrates by virtue of sections 8-10-3, 8-10-3.1, 9-15-19, 9-

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15-21, 9-14-26, 9-18-8, 9-18-9, and 36-2-3, and any other authority conferred upon magistrates

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by any general or public law or by any rule of procedure or practice of any court within the state.

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      (d) The chief justice of the supreme court with the agreement of the chief judge of the

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family court may specially assign the general magistrate to any court of the unified judicial

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system; provided, however, that the general magistrate may be assigned to the superior court

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subject to the prior approval of the presiding justice of the superior court. When the general

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magistrate is so assigned he or she shall be vested, authorized, and empowered with all the

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powers belonging to the magistrates of the court to which he or she is specially assigned.

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      (e) The general magistrate shall:

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      (1) Receive all credits and retirement allowances as afforded justices under chapter 3 of

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this title and any other applicable law;

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      (2) Be governed by the commission on judicial tenure and discipline, chapter 16 of this

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title, in the same manner as justices and workers' compensation judges;

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      (3) Be entitled to a special license plate under section 31-3-47;

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      (4) Receive a salary equivalent to that of a district court judge;

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      (5) Be subject to all the provisions of the canons of judicial ethics; and

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      (6) Be subject to all criminal laws relative to judges by virtue of sections 11-7-1 and 11-

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7-2.

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      (f) The general magistrate of the family court who shall at the time of passage of this

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section hold the position of general magistrate, shall upon retirement, at his or her own request

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and at the direction of the chief justice of the supreme court, subject to the retiree's physical and

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mental competence, be assigned to perform such services as general magistrate of the family

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court, as the chief judge of the family court shall prescribe. When so assigned and performing

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such service, the general magistrate shall have all the powers and authority of general magistrate

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of the family court, but otherwise shall have no powers nor be authorized to perform any judicial

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duties. For any such service or assignments performed after retirement, the general magistrate

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shall receive no compensation whatsoever, either monetary or in kind. Such a retired general

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magistrate shall not be counted in the number of judicial officers provided by law for the family

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court.

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      (g) The provisions of this section shall be afforded liberal construction.

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     SECTION 3. 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 eliminate the position of general magistrate of the family court and would

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increase the number of associate justices from eleven (11) to twelve (12).

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     This act would take effect upon passage.

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LC02029

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