2025 -- H 5222

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LC000951

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

     Introduced By: Representatives Craven, Caldwell, Dawson, Azzinaro, Casey, and
Casimiro

     Date Introduced: January 29, 2025

     Referred To: House Judiciary

     It is enacted by the General Assembly as follows:

     SECTION 1. Section 14-1-5 of the General Laws in Chapter 14-1 entitled "Proceedings in

Family Court" is hereby amended to read as follows:

     14-1-5. Exclusive jurisdiction.

     (a) The court shall, as set forth in this chapter, have exclusive original jurisdiction in

proceedings:

     (1) Concerning any child residing or being within the state who is: (i) Delinquent; (ii)

Wayward; (iii) Dependent; (iv) Neglected; or (v) Mentally disabled;

     (2) Concerning adoption of children;

     (3) To determine the paternity of any child alleged to have been born out of wedlock and

to provide for the support and disposition of that child in case that child or the child’s mother has

residence within the state; and

     (4) [Deleted by P.L. 2021, ch. 39, § 3 and P.L. 2021, ch. 40, § 3.]

     (5) Referred to the court in accordance with the provisions of § 14-1-28.

     (b) The jurisdiction of the court is concurrent with that of a federal court sitting in the state

over proceedings involving a violation of federal law committed by a child on a military installation

of the United States Department of Defense if:

     (1) The United States Attorney, or the federal court waives exclusive jurisdiction; and

     (2) The violation of federal law is also a crime under state law.

     (c) When concurrent jurisdiction has been established pursuant to this chapter, the court

has exclusive original jurisdiction over any case involving a child who is alleged to be delinquent

as the result of an act committed within the boundaries of a military installation that is a crime or

infraction under state law.

     (d) In any case involving a child who has previously committed such an act on a military

installation, the family court shall have exclusive and automatic jurisdiction.

     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 DELINQUENT AND DEPENDENT CHILDREN -- PROCEEDINGS IN

FAMILY COURT

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     This act would clarify jurisdiction between the Rhode Island Family Court and the Federal

Government for the purposes of adjudicating minors who have allegedly committed a crime while

residing on a military installation located in the State of Rhode Island.

     This act would take effect upon passage.

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