Rhode Island General Laws

R.I. Gen. Laws § 40-11-12 (2026)

Award of custody

✓ current as of July 2026

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(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 determination that the child will be safely maintained in the home, or award the care, custody, and control of the child to the department upon terms as the court shall determine. The court may place the custody of the child in the department until such time as it finds that the child may be returned to the parents, or other person previously having custody or care of the child, under circumstances consistent with the child’s safety.

(c) The court may require the parent, or person previously having custody, to undertake a program of counseling, including psychiatric evaluation and/or treatment as a prerequisite to the return of the child to his or her custody.

(d) When a child has been placed in the care, custody, and control of the department pursuant to the provisions of this chapter or of chapter 1 of title 14, the court shall have the power to appoint a guardian of the person of the child.

(e) No petition for guardianship shall be granted unless it contains the written consent of the parent or parents previously having custody of the child and of the department of children, youth and families.

(f) The entry of a decree of guardianship pursuant to this section shall terminate the award of custody to the department and the involvement of the department with the child and the child’s parents. The court may revoke a guardianship awarded pursuant to this section if the court finds, after a hearing on a motion for revocation, that continuation of the guardianship is not in the best interests of the child.

(g) Notice of any hearing on such motion shall be provided by the moving party to the department of children, youth and families, the court-appointed special advocate, the parent or guardian, and any and all other interested parties.

Notes of Decisions

Cited in 3 cases, 1997–2003 · leading case: Carr v. Prader, 725 A.2d 291 (R.I. 1999).

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Carr v. Prader, 725 A.2d 291 (R.I. 1999). · cites it 5× “1956 § 14-1-32 and G.L.1956 § 40-11-12. However, the Family Court may only terminate parental rights or custody in limited statutorily-dictated cireum- *294 stances.”

In Re Tara P., 836 A.2d 219 (R.I. 2003). “e child and the birth parent; (( * * * “(4) The adoptive parents and the birth parents jointly negotiate and execute a post-adoption privileges agreement which is approved by and filed with the family court; “(5) The [Department of [Cjhildren, [Yjouth, and [Fjamilies and the…”

In re Nadene, 701 A.2d 1021 (R.I. 1997). · cites it 2× “These siblings are all under the legal guardianship of relatives in accordance with G.L.1956 § 40-11-12 and by consent of the mother.”

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.