Savage, Tyler J.

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1997 Survey of Rhode Island Law: Family Law:  An Act Relating to Domestic Relations - Mediation Program for the Termination of Parental Rights, An Act Relating to Human Services - Abused and Neglected Children

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Roger Williams University Law ReviewVolume 3 | Issue 2 Article 29Spring 19981997 Survey of Rhode Island Law: Family Law: AnAct Relating to Domestic Relations - MediationProgram for the Termination of Parental Rights, AnAct Relating to Human Services - Abused andNeglected ChildrenTyler J. SavageRoger Williams University School of LawFollow this and additional works at: http://docs.rwu.edu/rwu_LRThis Survey of Rhode Island Law is brought to you for free and open access by the Journals at DOCS@RWU. It has been accepted for inclusion inRoger Williams University Law Review by an authorized administrator of DOCS@RWU. For more information, please contact mwu@rwu.edu.Recommended CitationSavage, Tyler J. (1998) "1997 Survey of Rhode Island Law: Family Law: An Act Relating to Domestic Relations - Mediation Programfor the Termination of Parental Rights, An Act Relating to Human Services - Abused and Neglected Children," Roger WilliamsUniversity Law Review: Vol. 3: Iss. 2, Article 29.Available at: http://docs.rwu.edu/rwu_LR/vol3/iss2/29SURVEY SECTIONFamily Law. An Act Relating to Domestic Relations-MediationProgram for the Termination of Parental Rights. Provides for amediation program for the termination of parental rights after no-tice and hearing to the parent and a finding that the parent hasacted inconsistent with the proper care of the child. Prior to thefiling of a petition for the termination of parental rights, the gov-ernmental child placing agency has a duty to make reasonable ef-forts to strengthen the parental relationship. Effective, June 27,1997. 1997 R.I. Pub. Laws ch. 59.This legislation (the Act) gives the family court the authorityto terminate parental rights.' Upon the filing of a petition and no-tice to the parent, a hearing is held to establish the legal rights ofthe parent in relation to the child.2 Involuntary termination of pa-rental rights has been granted under certain conditions, e.g., whenthe parent wilfully neglected to provide proper care for the child forat least one year where the parent was financially able 3 when theparent is unfit to care for the child by reason of conduct or condi-tions seriously detrimental to the child 4 or when the parent hasabandoned or deserted the child.5 The parents are permitted toseek treatment to aid in the rehabilitation of their relationshipwith the child which would allow the parents to avoid the termina-tion of parental rights.6 Prior to the termination of parentalrights, the child often has been placed in foster-family care, eithervoluntarily or involuntarily. 7 If the court finds that parentalrights should be terminated, then the court will appoint a suitable1. R.I. Gen. Laws § 15-7-7(a) (1956). "In considering the termination rightsas pursuant to subsection (a), the court shall give primary consideration to thephysical, psychological, mental, and intellectual needs of the child insofar as thatconsideration is not inconsistent with other provisions of this chapter." Id. § 15-7-7(c)(1).2. See id. The Act provides that three duly-licensed child-placement agenciesshall be allowed to petition for the termination of parental rights, and each peti-tion shall be approved by the director on a case-by-case basis. Id. § 15-7-7(h)(1).3. See id. § 15-7-7(a)(1). When determining whether the parent has wilfullyneglected to provide the adequate care and maintenance for the child, the courtmay disregard any support which was infrequent or insubstantial in nature. Id.4. See id. § 15-7-7(a)(2). A parent can be considered unfit by reason of emo-tional illness, mental illness, mental deficiency or institutionalization of the par-ent, also conduct of a cruel and abusive nature. See id. § 15-7-7(a)(2)(i), (ii).5. See id. § 15-7-7(a)(4).6. See id. § 15-7-7(a)(3).7. See id. § 15-7-7(c)(2).1998] 589590 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 3:583person either to give or withhold consent in any subsequent adop-tion proceedings. 8The Act grants the family court the power to establish a volun-tary mediation program for the termination of parental rights.9This voluntary mediation program, once established, enables thecourt to refer all or any portion of a matter relating to the termina-tion of parental rights. 10 The use of mediation by the family courtwill not be limited to matters concerning the termination of paren-tal rights, but will also be used when the court is dealing withchild-protection matters."Tyler J. Savage8. See id. § 15-7-7(d). In cases where the petition has been filed by a child-placement agency, the court shall appoint the agency to be the sole party to give orwithhold consent to the adoption of the child. "mhe state's interest in finding thechild an alternative home pursuant to § 15-7-7 arises only when it is clear that thenatural parent cannot or will not provide the child with the basic necessities oflife." In re Kyle S., 692 A.2d 329, 333 (R.I. 1997).9. R.I. Gen. Laws § 15-7-7.2 (Supp. 1997).10. See id. If a parent voluntarily terminates the parental rights of a child,then that parent is not subject to the automatic involuntary termination of paren-tal rights of another child unless there is a finding of unfitness. See In re Kyle, 692A.2d 329.11. See R.I. Gen. Laws § 40-11-7.3 (Supp. 1997). Section 40-11-7.3 grants thefamily court the authority to establish a voluntary mediation program to deal withall or any part of matters involving child protection. Id.SURVEY SECTIONFamily Law. An Act Relating to Human Services-Abused andNeglected Children. Provides the court with the authority to placethe custody of the child in the Department of Children, Youth, andFamilies until the family court determines that the child can bereturned to the parents or person previously having custody, con-sistent with the child's safety. Effective, June 27, 1997. 1997 R.I.Pub. Laws chs. 47, 48.Under this legislation (the Act), after the court has put cus-tody in the Department of Children, Youth, and Families (DCYF),'the court may also appoint a guardian for the child.2 The familycourt may revoke the guardianship of a child pursuant to this sec-tion.3 Upon receiving a motion for revocation of the continuation ofguardianship, the court will hold a hearing to find whether the con-tinued guardianship is in the best interests of the child. 4 Prior tothe hearing on a motion for revocation, notice must be given by themoving party to all interested parties.5The family court after obtaining jurisdiction by petition pursu-ant to this section, may restrain the individual6 from interferingwith the personal liberty of another.7 The court may restrain any"notified" person from maliciously causing or attempting to causebodily harm to another.8 Upon the court finding that a person hasbeen harmed or has been threatened with harm, the court may1. See R.I. Gen. Laws § 40-11-2(4) (1956). Within a period of twelve monthsafter the child is placed in the custody of DCYF, DCYF shall file a motion with thefamily court requesting a hearing on the status of the child. Id. § 40-11-12.1 (Supp.1997). At the hearing, the court will hear recommendations, oral or written, re-garding the best interest of the child. See id. Moreover, at every family court re-view of the disposition of the child, DCYF shall submit a plan that clearly setsforth the goals and obligations of DCYF, the parents, the child and all other inter-ested parties. See id. § 40-11-12.2.2. See id. § 40-11-12 (Supp. 1997). The entry of a decree of guardianshipunder this section terminates the award of custody to DCYF and any involvementthat DCYF may have had with the child or the child's parents. Id.3. Id. § 40-11-12.4. See id.5. See id. The moving party must give notice to "the department of children,youth and families, the court appointed special advocate, the parent or guardianand any and all other interested persons." Id.6. "The term 'individual' shall include any party to the petition or any personacting on behalf of the party." Id. § 40-11-12.4(b).7. See id. § 40-11-12.4. The court must notify the person to be restrained andconduct a hearing before actually issuing the restraining order. See id.8. Id.1998] 591592 ROGER WILLIAMS UNIVERSITY LAW REVIEW [Vol. 3:583prescribe treatment or counseling to the individual beingrestrained.9Under the Act, the family court is given the authority to en-force the violations of the restraining order.' 0 Violations of the re-straining order are enforced by the family court by an order ofcontempt; however, the order of contempt is not an exclusive rem-edy." All violations of restraining orders are considered misde-meanors under the Act and are punished by a maximum fine, byimprisonment, or both.' 2Tyler J. Savage9. See id.10. Id. § 40-11-12.4(d)(1).11. See id. § 40-11-12.4(d)(2). The contempt order shall not exclude a damagedparty from available civil or criminal remedies. See id.12. Id. § 40-11-12.4(d)(3). The fine shall not exceed one thousand dollars, andthe prison term shall not exceed one year. Id.

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1997 Survey of Rhode Island Law: Family Law: An Act Relating to Domestic Relations - Mediation Program for the Termination of Parental Rights, An Act Relating to Human Services - Abused and Neglected Children

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