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Home » US Law » 2022 Rhode Island General Laws » Title 40 - Human Services » Chapter 40-11 - Abused and Neglected Children

Section 40-11-1. – Policy.

§ 40-11-1. Policy. The public policy of this state is: to protect children whose health and welfare may be adversely affected through injury and neglect; to strengthen the family and to make the home safe for children by enhancing the parental capacity for good child care; to provide a temporary or permanent nurturing and safe […]

Section 40-11-10. – Use of physician’s report for petition for removal.

§ 40-11-10. Use of physician’s report for petition for removal. In the case of an ex parte petition for removal under this chapter, a signed physician’s report that a child is abused or neglected as previously defined shall be sufficient to support approval of the ex parte petition for removal. History of Section.P.L. 1976, ch. […]

Section 40-11-11. – Abrogation of privileged communications.

§ 40-11-11. Abrogation of privileged communications. The privileged quality of communication between husband and wife and any professional person and his or her patient or client, except that between attorney and client, is hereby abrogated in situations involving known or suspected child abuse or neglect and shall not constitute grounds for failure to report as […]

Section 40-11-12. – Award of custody.

§ 40-11-12. Award of custody. (a) 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. (b) Place the child under the supervision of the department in his or her own home if the court makes a […]

Section 40-11-12.1. – Family court review.

§ 40-11-12.1. Family court review. (a) Within a period of twelve (12) months after a child is placed in the care of the department of children, youth and families pursuant to the provisions of this chapter or § 14-1-5, or §§ 42-72-14 and 14-1-11.1, and the child has resided in foster care or, pursuant to […]

Section 40-11-12.2. – Permanency plan — Order of court.

§ 40-11-12.2. Permanency plan — Order of court. (a) At every regularly scheduled family court review and/or permanency hearing of any child found to be abused or neglected under § 40-11-12, or dependent under § 14-1-34, the department shall present a written reunification and/or permanency plan to the court for approval. The plan shall include […]

Section 40-11-12.3. – Guardianship subsidy.

§ 40-11-12.3. Guardianship subsidy. The state may make funds available through the department of 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 of children, youth and families. History of Section.P.L. 1994, ch. 195, […]

Section 40-11-12.4. – Restraining orders.

§ 40-11-12.4. Restraining orders. (a) Whenever the family court has assumed jurisdiction by way of the filing of a petition pursuant to chapter 1 of title 14 or chapter 11 of this title, the court, upon notice to the individual to be restrained and after a hearing, may restrain the individual so notified from interfering […]

Section 40-11-13. – Confidentiality of reports and records — Penalty for disclosure.

§ 40-11-13. Confidentiality of reports and records — Penalty for disclosure. (a) All records concerning reports of child abuse and neglect, including reports made to the department, shall be confidential except as specifically provided by this chapter or as specifically provided by § 42-72-8 or specifically authorized by the family court in furtherance of the […]

Section 40-11-13.1. – Destruction of reports and records.

§ 40-11-13.1. Destruction of reports and records. All records concerning reports of child abuse and neglect made pursuant to this chapter, including reports made to the department, shall be destroyed three (3) years after the date of a final determination by either the family court or the department that the reported child abuse or neglect […]

Section 40-11-14. – Right to representation in court proceedings.

§ 40-11-14. Right to representation in court proceedings. (a) Any child who is alleged to be abused or neglected as a subject of a petition filed in family court under this chapter, shall have a guardian ad litem appointed by the court to represent this child. In addition, any young adult, who is eligible for […]

Section 40-11-15. – Religious practices.

§ 40-11-15. Religious practices. A parent or guardian practicing his or her religious beliefs that differ from general community standards who does not provide specified medical treatment for a child shall not, for that reason alone, be considered a negligent parent or guardian. However, nothing in this section shall: (1) Prevent the child from being […]

Section 40-11-16. – Severability.

§ 40-11-16. Severability. If any provision of this chapter or application thereof is held to be invalid, the remainder of the chapter and the application of that provision to other persons or circumstances shall not be affected. History of Section.P.L. 1976, ch. 91, § 2.

Section 40-11-17. – Shaken-baby syndrome prevention initiative.

§ 40-11-17. Shaken-baby syndrome prevention initiative. (a) The department of health shall collaborate with the department of children, youth and families and other state agencies serving families and children, the medical community, law enforcement, human service providers, and child advocacy organizations to develop and implement a comprehensive, statewide initiative to reduce death and disability resulting […]

Section 40-11-18. – Children’s advocacy centers — Services — Requirements.

§ 40-11-18. Children’s advocacy centers — Services — Requirements. (a) Children’s advocacy centers shall provide the following services to children in Rhode Island: (1) Operation of a child-appropriate or child-friendly facility that provides a comfortable, private setting that is both physically and psychologically safe for clients; (2) Participation in a multidisciplinary team for response to […]

Section 40-11-19. – Parents with disabilities.

§ 40-11-19. Parents with disabilities. The department shall investigate reports of child abuse and neglect as mandated in this chapter. A parent’s disability, as defined in § 42-87-1, will not constitute sole grounds to initiate an investigation or a finding of child abuse or neglect; provided, that nothing in this section shall: (1) Prevent a […]

Section 40-11-2. – Definitions.

§ 40-11-2. Definitions. When used in this chapter and unless the specific context indicates otherwise: (1) “Abused or neglected child” means a child whose physical or mental health or welfare is harmed, or threatened with harm, when his or her parent or other person responsible for his or her welfare: (i) Inflicts, or allows to […]

Section 40-11-20. – Military family advocacy program.

§ 40-11-20. Military family advocacy program. (a) The department shall enter into a memorandum of understanding with the military family advocacy program at a local military installation with respect to child abuse and neglect investigations. (b) Such memorandum of understanding shall establish procedures and protocols for matters including, but not limited to: (1) Identifying an […]