(a)  No child sentenced to the training school for youth, after being found delinquent or wayward, shall be released prior to the end of his or her sentence unless authorized by a justice of the family court, after a hearing with due notice to the parties to the petition upon which the child was sentenced. At any such hearing, the family court shall authorize the release of the child to his or her home and/or to the care and custody of the department of children, youth and families unless the court finds that the child:

(1)  Poses a substantial risk of harm to self; or

(2)  Poses a substantial risk of harm to others; or

(3)  Has demonstrated that he or she may leave the jurisdiction of the court.

Provided, however, any child who has been certified and adjudicated pursuant to §§?14-1-7.2 and 14-1-7.3, may not be released prior to the end of his or her sentence, except as authorized under §?14-1-42 of this chapter.

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Terms Used In Rhode Island General Laws 14-1-36.1

  • Child: means a person under eighteen (18) years of age. See Rhode Island General Laws 14-1-3
  • court: means the family court of the state of Rhode Island. See Rhode Island General Laws 14-1-3
  • Delinquent: when applied to a child, means and includes any child who has committed any offense that, if committed by an adult, would constitute a felony, or who has on more than one occasion violated any of the other laws of the state or of the United States or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor vehicles. See Rhode Island General Laws 14-1-3
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Justice: means a justice of the family court. See Rhode Island General Laws 14-1-3
  • Wayward: when applied to a child, means and includes any child:

    (i)  Who has deserted his or her home without good or sufficient cause;

    (ii)  Who habitually associates with dissolute, vicious, or immoral persons;

    (iii)  Who is leading an immoral or vicious life;

    (iv)  Who is habitually disobedient to the reasonable and lawful commands of his or her parent or parents, guardian, or other lawful custodian;

    (v)  Who, being required by chapter 19 of Title 16 to attend school, willfully and habitually absents himself or herself from school or habitually violates the rules and regulations of the school when he or she attends;

    (vi)  Who has, on any occasion, violated any of the laws of the state or of the United States or any of the ordinances of cities and towns, other than ordinances relating to the operation of motor vehicles; or

    (vii)  Any child under seventeen (17) years of age who violates § 21-28. See Rhode Island General Laws 14-1-3

(b)  A child so sentenced may be allowed as part of a rehabilitation program to be placed temporarily in a community program outside of the training school only when authorized by the family court.

History of Section.
P.L. 1990, ch. 430, § 1; P.L. 2008, ch. 9, art. 12, § 2.