Rhode Island General Laws

R.I. Gen. Laws § 14-1-11 (2026)

Authorizing and filing petition

✓ current as of July 2026
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(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.

Notes of Decisions
Cited in 27 cases, 1965–2017 · leading case: In Re Dina N., 455 A.2d 318 (R.I. 1983).
In Re Dina N., 455 A.2d 318 (R.I. 1983). · cites it 15× “The judge also denied the child advocate’s renewed motion for Dina’s immediate release.”
Elizabeth Boyer v. Chief Judge Haiganush Bedrosian, 57 A.3d 259 (R.I. 2012). · cites it 3× “The plaintiffs assert that the magistrates are required to ensure that a proper summons is issued before any order is entered against a child or parent, but that the magistrates have failed to comply with that obligation.”
In Re Natalya C., 946 A.2d 198 (R.I. 2008). · cites it 3× “Stephanie’s continued drug use led DCYF to file a Family Court petition for neglect under G.L. 1956 § 14-1-11. 6 When Stephanie was arraigned on that charge, she was ordered to provide a urine sample for drug screening.”
Morris v. D'AMARIO, 416 A.2d 137 (R.I. 1980). · cites it 3× “General Laws 1956 (1969 Reenactment) § 14-1-11, as amended by P.L. 1977, ch. 67, § 1.”
San Francisco Human Servs. Agency v. Felicia C., 199 Cal. App. 4th 784 (Cal. Ct. App. 2011). “§ 6334 ; R.I. Gen. Laws § 14-1-11; Tenn. Code Ann.”
In Re Alexis L., 972 A.2d 159 (R.I. 2009). “Section 14-1-69 provides as follows: “In any custody and/or termination trial and/or a hearing on a motion or probable cause hearing where a petition has been filed by the department of children, youth, and families in accordance with §§ 14-1-11, 40-11-7 and/or 15-7-7 in the…”
Ryan v. DeMello, 354 A.2d 734 (R.I. 1976). · cites it 2× “” Once this information is received, it must be investigated by the court’s staff, who in turn must file a report of its findings with a justice of the court. Section 14-1-10. If the justice believes that the court’s jurisdiction should be invoked, a petition is filed with the…”
In Re Marlene B., 540 A.2d 1028 (R.I. 1988). · cites it 4× “1956 (1981 Reenactment) § 14-1-11, as amended by P.L. 1985, ch. 98, § 1, which in essence provides that no child shall be detained at the training school unless there is pending against the child a petition setting forth facts about an alleged act that would constitute a felony…”
In re Emilee K. In re Jennifer K, 153 A.3d 487 (R.I. 2017). “General Laws 1956 § 14-1-69, provides as follows: "In any custody and/or termination trial and/or a hearing on a motion or probable cause hearing where a petition has been filed by [DCYF] in accordance with §§ 14-1-11, 40-11-7 and/or 15-7-7 in the [F]amily [Cjourt, the court…”
In Re Jessica C., 690 A.2d 1357 (R.I. 1997). “— In any custody and/or termination trial where a petition has been filed by the department of children, youth, and families in accordance with §§ 14-1-11, 40-11-7, and/or 15-7-7 in the family court, the court may, in its discretion, permit as evidence any statement by a child…”
In Re James A., 505 A.2d 1386 (R.I. 1986). “1956 (1981 Reenactment) § 14-1-11. He committed them to the care, custody, and control of the Department of Children and Their Families (DCF).”
Off. of Child Advocate v. Lindgren, 296 F. Supp. 2d 178 (D.R.I. 2004). · cites it 2× “R.I. Gen. Laws § 14-1-11 (2003); R.I. R. Juv.”
R.I. Gen. Laws § 14-1-11(a): 1 case
Elizabeth Boyer v. Chief Judge Haiganush Bedrosian, 57 A.3d 259 (R.I. 2012). “The plaintiffs assert that the magistrates are required to ensure that a proper summons is issued before any order is entered against a child or parent, but that the magistrates have failed to comply with that obligation.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.