Rhode Island § 40-11-12 - Abused and Neglected Children
Full text of Rhode Island Rhode Island General Laws § 40-11-12 — Abused and Neglected Children, with citation guidance and answers to common questions.
§ 40-11-12. Abused and Neglected Children
R.I. Gen. Laws § 40-11-12
§ 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 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.
History of Section.
P.L. 1976, ch. 91, § 2; P.L. 1994, ch. 195, § 1; P.L. 1994, ch. 263, § 1; P.L. 1997,
ch. 47, § 1; P.L. 1997, ch. 63, § 1; P.L. 1998, ch. 87, § 3; P.L. 2006, ch. 216, §
23.
Source: official Rhode Island text · Last verified 2026-08-27
Frequently Asked Questions About Rhode Island § 40-11-12
What does Rhode Island General Laws § 40-11-12 cover?
Section 40-11-12 ("Abused and Neglected Children") is part of the Rhode Island General Laws, the codified statutory law of Rhode Island. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Rhode Island § 40-11-12?
A common citation format is "Rhode Island General Laws § 40-11-12" (Rhode Island). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Rhode Island law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Rhode Island official source linked on this page or consult a licensed Rhode Island attorney.
How does Rhode Island § 40-11-12 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Rhode Island can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Rhode Island.