§ 14-1-11. Authorizing and filing petition.
(a) The filing of the petition constitutes assumption of jurisdiction over the child.
Filing shall take place upon authorization by the intake department upon completion
of its procedures pursuant to Rule 3 of the Rules of Juvenile Proceedings, upon authorization
by a justice of the family court pursuant to Rule 4 of the Rules of Juvenile Proceedings,
or immediately upon appearance of the child before the court following emergency detention,
unless the court otherwise orders.
(b) In the event that a petition is filed, any appropriate person having knowledge, information,
or belief of the material facts that appear to warrant a petition may be a petitioner
under this chapter and is not required to give recognizance or surety for costs. The
petition shall be directed to the family court of the state of Rhode Island, setting
forth, that in the opinion of the petitioner the child is a delinquent, wayward, dependent,
or neglected child, or otherwise comes within the provisions of this chapter, and
requires the care and protection of the state, and all petitions, with the exception
of those requesting the arrest and/or detention of any person, shall be sworn to before
a licensed notary public. Those exceptions, as stated above, shall be sworn to by
either a justice or clerk of the family court.
(c) No child shall be ordered detained at the training school unless there is pending
against the child a petition setting forth facts that would constitute a felony or
misdemeanor if committed by an adult or that alleges a violation of a valid court
order, or unless the child is adjudged in contempt of court. Provided, the family
court shall not detain a juvenile at the training school for the violation of a valid
court order, until a hearing is conducted and it is determined that the child intentionally
violated the order, and the violation involves the failure of the child to engage
in services or activities intended to protect or promote the child's health or safety,
or the health or safety of any other person or persons.
In the event a child is ordered to be detained at the training school, the family
court shall conduct a probable cause hearing within five (5) calendar days of the
child's detention (exclusive of weekends and/or holidays). At the conclusion of the
probable cause hearing, the court shall order the release of the child from the training
school unless the court finds that the child poses a substantial risk of harm to self
or to others.
Nothing in this section prohibits the temporary commitment by the family court to
the department of children, youth and families for placement of a child in a specific
facility or program other than the training school for youth.
(d) The department of children, youth and families, in consultation with law enforcement
agencies, the attorney general, the office of the public defender, and the family
court, shall develop and implement a detention risk assessment instrument by no later
than July 1, 2009.
(e) No child shall be placed in detention at the training school unless a determination
is made by the family court that the child poses a substantial risk of harm to self
or to others.
(f) No petition alleging that a child is wayward by virtue of disobedient behavior may
be filed except upon proof offered in the petition that the child has been subjected
to a needs assessment conducted at a facility approved by the director of the department
of children, youth and families and that a treatment plan resulting from that assessment
has been unsuccessful.
(g) The director of the department of children, youth and families is authorized and directed
to promulgate any rules and regulations that it deems necessary to implement the provisions
and purposes of this section.