(a) The court shall, as set forth in this chapter, have exclusive original jurisdiction
in proceedings:
(1) Concerning any child residing or being within the state who is: (i) Delinquent; (ii)
Wayward; (iii) Dependent; (iv) Neglected; or (v) Mentally disabled;
(2) Concerning adoption of children;
(3) To determine the paternity of any child alleged to have been born out of wedlock and
to provide for the support and disposition of that child in case that child or the
child’s mother has residence within the state; and
(4) [Deleted by P.L. 2021, ch. 39, § 3 and P.L. 2021, ch. 40, § 3.]
(5) Referred to the court in accordance with the provisions of § 14-1-28.
(b) The jurisdiction of the court is concurrent with that of a federal court sitting in
the state over proceedings involving a violation of federal law committed by a child
on a military installation of the United States Department of Defense if:
(1) The United States Attorney or the federal court waives exclusive jurisdiction; and
(2) The violation of federal law is also a crime under state law.
(c) When concurrent jurisdiction has been established pursuant to this section, the court
has exclusive original jurisdiction over any case involving a child who is alleged
to be delinquent as the result of an act committed within the boundaries of a military
installation that is a crime or infraction under state law.
(d) In any case involving a child who has previously committed such an act on a military
installation, the family court shall have exclusive and automatic jurisdiction.
Notes of Decisions
Cited in
22
cases, 1971–2020 · leading case:
State v. Greenberg, 951 A.2d 481 (R.I. 2008).
State v. Greenberg, 951 A.2d 481 (R.I. 2008).
· cites it 8× “Section 14-1-5. 8 A juvenile offender, after a hearing, may be subject to waiver of jurisdiction by the Family Court *493 in several circumstances.”
Bouchard v. Price, 694 A.2d 670 (R.I. 1997).
· cites it 4× “" G.L.1956 § 14-1-5. A minor who is adjudicated delinquent remains within the Family Court's jurisdiction until he or she reaches the age of twenty-one.”
Sam M. Ex Rel. Elliott v. Chafee, 800 F. Supp. 2d 363 (D.R.I. 2011).
· cites it 2× “R.I. Gen. Laws § 14-1-5(1), (2). Once the Family Court grants DCYF’s petition for involuntary termination of parental rights, DCYF “shall have exclusive right to place [the] child for adoption and to be sole party to give or withhold consent, .”
In Re Harrison, 992 A.2d 990 (R.I. 2010).
· cites it 2× “[9] See § 14-1-5. *995 In such cases, the Family Court has at its disposal a wide range of dispositions to accomplish its statutory mandate of rehabilitation, ranging from probation and counseling at one end of the spectrum to incarceration at the Training School at the other.”
In Re Richard P., 451 A.2d 274 (R.I. 1982).
· cites it 3× “” Section 14-1-5(A) conferred and still confers upon the Family Court “exclusive original jurisdiction over any child residing or being within the state” who is adjudicated to be delinquent, wayward, dependent, neglected, mentally defective, or mentally disordered.”
State v. Day, 911 A.2d 1042 (R.I. 2006).
“This holding, however, has no bearing on our analysis today because we are not interpreting a mandatory waiver statute (Rhode Island’s mandatory waiver provision is governed by § 14-1-5). The waiver at issue in this case is discretionary in nature and therefore is completely…”
United States v. DiPina, 178 F.3d 68 (1st Cir. 1999).
“See Rhode Island Family Court Act, R.I. Gen. Laws § 14-1-5 (1956, 1981 Reenactment) (The Family Court has “exclusive original jurisdiction in proceedings (A) [cjoncerning any child .”
Engelhardt v. Bergeron, 317 A.2d 877 (R.I. 1974).
· cites it 2× “Continuing, respondent citing §14-1-5 (A) 3 points out that the Family Court has exclusive, original jurisdiction in proceedings concerning dependent or neglected children and directs our attention to §14-1-3 (H) wherein -a “dependent” and/or a “neglected” child is defined as…”
In Re Joseph, 420 A.2d 85 (R.I. 1980).
“1956 (1969 Reenactment) § 14-1-5(B), and, once acquired, the jurisdiction over a child continues until the child becomes twenty-one years of age.”
In Re Malik D., 730 A.2d 1070 (R.I. 1999).
· cites it 2× “I Procedural Background Malik was proceeded against in the Family Court on a petition seeking that he be declared a delinquent child pursuant to G.L.1956 §§ 14-1-5, 14-1-11. That petition, 97-10-155A-F alleged that (A) Malik had unlawfully possessed a controlled substance,…”
Off. of Child Advocate v. Lindgren, 296 F. Supp. 2d 178 (D.R.I. 2004).
· cites it 2× “R.I. Gen. Laws § 14-1-5(1)(2003). The Family Court assumes this jurisdiction when DCYF or any person authorized by law files a petition stating that a child is abused, neglected, or dependent.”
Naughton v. Goodman, 363 A.2d 1345 (R.I. 1976).
“” It is clear that this statute gives the Family Oourt jurisdiction only when the person before the court is a child whose conduct is such that the oourt must take appropriate action against her or him.”
— R.I. Gen. Laws § 14-1-5(1) — 1 case
Sam M. Ex Rel. Elliott v. Chafee, 800 F. Supp. 2d 363 (D.R.I. 2011).
“R.I. Gen. Laws § 14-1-5(1), (2). Once the Family Court grants DCYF’s petition for involuntary termination of parental rights, DCYF “shall have exclusive right to place [the] child for adoption and to be sole party to give or withhold consent, .”
— R.I. Gen. Laws § 14-1-5(1)(2003) — 1 case
Off. of Child Advocate v. Lindgren, 296 F. Supp. 2d 178 (D.R.I. 2004).
“R.I. Gen. Laws § 14-1-5(1)(2003). The Family Court assumes this jurisdiction when DCYF or any person authorized by law files a petition stating that a child is abused, neglected, or dependent.”
— R.I. Gen. Laws § 14-1-5(2) — 2 cases
— R.I. Gen. Laws § 14-1-5(A) — 1 case
In Re Richard P., 451 A.2d 274 (R.I. 1982).
“” Section 14-1-5(A) conferred and still confers upon the Family Court “exclusive original jurisdiction over any child residing or being within the state” who is adjudicated to be delinquent, wayward, dependent, neglected, mentally defective, or mentally disordered.”
— R.I. Gen. Laws § 14-1-5(B) — 1 case
In Re Joseph, 420 A.2d 85 (R.I. 1980).
“1956 (1969 Reenactment) § 14-1-5(B), and, once acquired, the jurisdiction over a child continues until the child becomes twenty-one years of age.”
— R.I. Gen. Laws § 14-1-5(C) — 1 case
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treatment. Dots show Syfertize treatment of the citing case itself.