CHAPTER 195

94-H 8640 am

Approved Jul. 8, 1994.

AN ACT RELATING TO ABUSED AND NEGLECTED CHILDREN

It is enacted by the General Assembly as follows:

SECTION 1. Section 40-11-12 of the General Laws in Chapter 40-11 entitled "Abused and Neglected Children" is hereby amended to read as follows:

{ADD 40-11-12. Award of custody. -- ADD} If the court shall find that a child is abused or neglected within the meaning of this chapter, the court shall by decree duly enter process as follows:

Place the child under the supervision of the department in his or her own home or award the care, custody, and control of the child to the department upon such terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents or other person previously having custody or care of the child under circumstances consistent with the child's safety. The court may require the parent or person previously having custody to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody. {ADD When a child has been placed in the care, custody and control of the department pursuant to the provisions of this chapter or of chapter 1 title 14 the court shall have the power to appoint a guardian of the person of the child. No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department for children, youth and families. The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with said child and the child's parents. ADD}

SECTION 2. Chapter 40-11 of the General Laws entitled "Abused and Neglected Children" is hereby amended by adding thereto the following section:

{ADD 40-11-12.3. Guardianship subsidy. -- ADD} {ADD The state may make funds available through the department for children, youth and families for special reimbursement to guardians appointed pursuant to this chapter. These funds will be disbursed in accordance with the guidelines to be promulgated by the department for children, youth and families. ADD}

SECTION 3. Section 8-10-3 of the General Laws in Chapter 8-10 entitled "Family Court" is hereby amended to read as follows:

{ADD 8-10-3. Establishment of court -- Jurisdiction -- Seal -- Oaths -- Masters. -- ADD} (a) There is hereby established a family court, consisting of a chief judge and ten (10) associate justices, to hear and determine all petitions for divorce from the bond of marriage and from bed and board; all motions for allowance, alimony, support and custody of children, allowance of counsel and witness fees, and other matters arising out of petitions and motions relative to real and personal property in aid thereof, including, but not limited to, partitions, accountings, receiverships, sequestration of assets, resulting and constructive trust, impressions of trust, and such other equitable matters arising out of the family relationship, wherein jurisdiction is acquired by the court by the filing of petitions for divorce, bed and board and separate maintenance; all motions for allowance for support and educational costs of children attending high school at the time of their eighteenth birthday and up to ninety (90) days after high school graduation, but in no case beyond their nineteenth birthday; enforcement of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state; modification of any order or decree granting alimony and/or child support, and/or custody and/or visitation of any court of competent jurisdiction of another state on the ground that there has been a change of circumstances; antenuptial agreements, property settlement agreements and all other contracts between persons, who at the time of execution of said contracts, were husband and wife or planned to enter into that relationship; complaints for support of parents and children; those matters relating to delinquent, wayward, dependent, neglected or mentally defective or mentally disordered children, or children who by reason of any handicap, physical, mental, or otherwise, suffer from a learning disability which requires special education or treatment and other related services; {ADD to hear and determine all petitions for guardianship of any child who has been placed in the care, custody and control of the department for children, youth and families pursuant to the provisions of chapter 1, title 14 and chapter 11, title 40; ADD} adoption of children under eighteen (18) years of age; change of names of children under the age of eighteen (18) years; paternity of children born out of wedlock and provision for the support and disposition of such children or their mothers; child marriages; those matters referred to the court in accordance with the provisions of section 14-1-28; those matters relating to adults who shall be involved with paternity of children born out of wedlock; responsibility for or contributing to the delinquency, waywardness or neglect of children under sixteen (16) years of age; desertion, abandonment or failure to provide subsistence for any children dependent upon such adults for support; neglect to send any child to school as required by law; bastardy proceedings, and custody to children in proceedings, whether or not supported by petitions for divorce or separate maintenance or for relief without commencement of divorce proceedings appeals of administrative decisions, concerning setoff of income tax refunds for past-due child support in accordance with section 44-30.1-5 and section 40-6-21. The holding of real estate as tenants by the entirety shall not in and of itself preclude the family court from partitioning real estate so held for a period of six (6) months after the entry of final decree of divorce.

(b) The family court shall be a court of record and shall have a seal which shall contain such words and devices as the court shall adopt.

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

(d) The chief judge of the family court is hereby empowered to appoint experienced members of the Rhode Island bar as masters for the purpose of assisting the family court in matters pertaining to delinquent support payments and the taking of testimony in conducting all hearings relative to responsible persons who are not living up to their support obligations. The chief judge of the family court is also authorized to appoint said masters in related matters pertaining to the collection of delinquent support payments from these responsible persons.

(e) The family court shall have exclusive initial jurisdiction of all appeals from any administrative agency or board affecting or concerning children under the age of eighteen (18) years and appeals of administrative decisions concerning setoff of income tax refunds for past-due child support, in accordance with sections 44-30.1-5 and 40-6-21, and appeals of administrative agency orders of the department of human services to withhold income under chapter 16 of title 15 entitled "Income Withholding."

SECTION 4. This act shall take effect upon passage.



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