§ 14-1-11 - Authorizing and filing petition.
SECTION 14-1-11
§ 14-1-11 Authorizing and filing petition.– (a) The filing of the petition constitutes assumption of jurisdiction over thechild. Filing shall take place upon authorization by the intake department uponcompletion of its procedures pursuant to Rule 3 of the Rules of JuvenileProceedings, upon authorization by a justice of the family court pursuant toRule 4 of the Rules of Juvenile Proceedings, or immediately upon appearance ofthe child before the court following emergency detention, unless the courtotherwise orders.
(b) In the event that a petition is filed, any appropriateperson having knowledge, information, or belief of the material facts thatappear to warrant a petition may be a petitioner under this chapter and is notrequired to give recognizance or surety for costs. The petition shall bedirected to the family court of the state of Rhode Island, setting forth thatin 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 theexception of those requesting the arrest and/or detention of any person, shallbe 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 schoolunless there is pending against the child a petition setting forth facts whichwould constitute a felony or misdemeanor if committed by an adult or whichalleges a violation of a valid court order, or unless the child is adjudged incontempt of court. In the event a child is ordered to be detained at thetraining school, the family court shall conduct a probable cause hearing withinfive (5) calendar days of the child's detention (exclusive of weekends and/orholidays). At the conclusion of the probable cause hearing, the court shallorder the release of the child from the training school unless the court findsthat the child poses a substantial risk of harm to self or to others.
Nothing in this section prohibits the temporary commitment bythe family court to the department of children, youth, and families forplacement of a child in a specific facility or program other than the trainingschool for youth.
(d) The department of children, youth and families, inconsultation with law enforcement agencies, the attorney general, the office ofthe public defender and the family court, shall develop and implement adetention risk assessment instrument by no later than July 1, 2009.
(e) No child shall be placed in detention at the trainingschool unless a determination is made by the family court that the child posesa substantial risk of harm to self or to others.
(f) No petition alleging that a child is wayward by virtue ofdisobedient behavior may be filed except upon proof offered in the petitionthat the child has been subjected to a needs assessment conducted at a facilityapproved by the director of the department of children, youth and families, andthat a treatment plan resulting from that assessment has been unsuccessful.
(g) The director of the department of children, youth andfamilies is authorized and directed to promulgate any rules and regulationsthat it deems necessary to implement the provisions and purposes of thissection.