(a)  In addition to the powers set forth in § 42-73-9, the child advocate, or his or her designee, shall have the power to commence in the superior court a civil action against the state pursuant to the provisions of chapter 25 of Title 12 on behalf of any child the custody of whom has been assigned to any institution or agency under the control of the department of children, youth, and families or other private agency or provided in § 14-1-34.

Terms Used In Rhode Island General Laws 42-73-9.1

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC

(b)  Any judgment for compensation or order for settlement of the claim for compensation entered by the court pursuant to the provisions of § 12-25-3 shall be considered as the estate of the child for whose benefit the judgment or order is entered, to be held by the office as guardian of that compensation, and shall be deposited into a trust account established by the office for the purposes of distributing those funds to the child in accordance with the plan adopted by the family court pursuant to the provisions of § 14-1-35.1.

History of Section.
P.L. 1992, ch. 317, § 3.