Trial
Procedure From Policy 1100.0000: Obtaining Custody of Child Through the Dependent/Neglected/Abused Petition
A. The question before the Court is, "Are the allegations contained in the petition supported by clear and convincing evidence?" This means evidence that indicates that the thing to be proved is highly probable or reasonably certain. This is a greater burden than the preponderance of the evidence but not as great as beyond a reasonable doubt. The judge must form a clear conviction without hesitancy of the truth of the precise facts.
B. The petitioning agency has the burden of proving that the child is in fact dependent, neglected, and/or abused and is in need of the protection of the Court. The State must show that conditions of abuse, neglect and/or dependency that exist in the parent/child relationship are those defined in RIGL chapters 14-1 and/or 40-11.
C. Admissible Testimony:
1. Witness's observations
2. Factual and opinion testimony of expert witness
3. Statements made by the parents prior to trial may be admissible
4. Disclosures made by children age 12 and under regarding abuse or neglect may be admissible through another person to whom the child disclosed, if the statement was made under the following circumstances:
a. Spontaneously, which can include answers to non-leading questions
b. To a person the child would normally turn to for sympathy, protection or advice, which may include departmental staff who identify themselves and their role in protecting the child.
c. Within a reasonable period of time after the abuse occurred, or at the first safe opportunity to disclose the abuse.
d. Children’s answers to direct, open ended questions will often be admitted through the person who heard them when the circumstances in C a, b and c are met.
5. Per RIGL 14-1-68 and RIGL 40-11-7.2, videotaped interviews or statements of victims of child abuse or neglect recorded by the Department, law enforcement officers, and hospitals may be admitted as evidence in Family Court proceedings at the discretion of the Family Court Judge. Certain criteria must be met prior to the admission of the videotaped interview as evidence.
6. Records, photographs, and other documents may be admissible. A worker who is aware of such evidence informs the Legal Counsel of it prior to trial.
D. If the State is unable to prove its case by clear and convincing evidence, the petition is dismissed unless the Department requests and is granted a stay pending appeal to the Rhode Island Supreme Court. Upon dismissal, the Department ceases to be involved with the family unless the family agrees to services.
E. If the Judge finds the child dependent, neglected, and/or abused, the child is generally committed to the care, custody, and control of the Department:
1. The issues of placement and visitation are addressed.
2. The Judge sets a date for the Department to submit a service plan to the Court. When the service plan is presented to the Court, it is entered into the Court file and is made an order of the Court. This will become important evidence if a petition is later filed for Termination of Parental Rights in conformance with DCYF Policy 1100.0020, Termination of Parental Rights.
F. If the Department proves the allegations in its petition, the parent has the right to appeal the trial judge’s findings and decisions to the Rhode Island Supreme Court.
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