Overview
Overview of its Departments and Functions
Jeremiah S. Jeremiah, Jr. Chief Judge
Revised June, 2006
CONTENTS OF PRESENTATION
- History
- Goals and Jurisdiction
- Organizational Chart
- Departments
1. RHODE ISLAND FAMILY COURT
HISTORY
In 1935 the Domestic Relations Division was created within the Superior Court,
the state's general trial court. The act creating this court division was
designed to focus attention upon this field of jurisprudence, primarily with a
view to reconciling the parties and re-establishing friendly family relations.
In 1944 jurisdiction of juveniles was moved from the District Courts and placed
in a statewide juvenile court.
In 1956 the Governor appointed a Family Court study committee which, in 1958,
submitted a report recommending a Family Court for the State. On June 3, 1961,
the Act creating a Family Court became law. Five judges were appointed, one
Chief Judge and four Associate Justices.
The Rhode Island Family Court was the first statewide Family Court in the United
States. In 1973, a Master of the court was appointed, and in 1987 a General
Master was appointed. Today the Rhode Island Family Court consists of 1 Chief
Judge and 11 Associate Justices, 1 General Magistrate and 8 Magistrates. The
Family Court employs 181.8 persons which includes all department personnel, court
reporters, judges and magistrates.
In 1981, the Rhode Island Family Court moved into the newly constructed Garrahy
Judicial Complex in Providence, a six story building designed and constructed
specifically for use as a state court. The building also houses other state
judicial entities including the District Court and Workers' Compensation Court.
(The state’s Superior and Supreme Courts are housed in a separate judicial
complex.) Family Court has three (3) satellite courts in other counties.
2. RHODE ISLAND FAMILY COURT
GOALS AND JURISDICTION
The court was created to focus special attention on individual and social
problems concerning families and children. Consequently, its goals are to
assist, to protect, and if possible, to restore families whose unity or
well-being is threatened.
This court is also charged with assuring that children within its jurisdiction
receive care, guidance and control conducive to their welfare and the best
interest of the state. Additionally, if children are removed from the control of
their parents the court seeks to secure care equivalent to that which their
parents should have provided.
Consistent with on these goals, the Family Court has jurisdiction to hear and
determine all petitions for divorce and any motions in conjunction with divorce
proceedings, such as motions relating to the distribution of property, alimony,
support and custody of children. It also hears petitions for separate
maintenance, and complaints regarding support for parents and children.
The Family Court also has jurisdiction over matters relating to delinquent,
wayward, dependent, neglected, abused, or mentally deficient or mentally
disordered children. In addition, it has jurisdiction over adoptions, child
marriages, paternity proceedings, and a number of other matters involving
domestic relations and juveniles.
Appeals from decisions of the Family Court are taken directly to the state
Supreme Court.
3. RHODE ISLAND FAMILY COURT
ORGANIZATIONAL CHART
4. RHODE ISLAND FAMILY COURT
DEPARTMENTS
JUDGES/GENERAL MAGISTRATE/MAGISTRATES
|
1 | Chief Judge |
| 11 | Associate Justices |
| 1 | General Magistrate |
| 5 | Magistrates |
COURT REPORTERS
The responsibilities of a Court Reporter is to make a true, complete and accurate record of all criminal and civil proceedings required by law; transcribe faithfully the testimony offered us required by law and directed by the presiding
judge. To maintain all notes, tapes and records safely, recognizing that they are the property of the State by statute and that the clerk is the ultimate custodian.
FAMILY COURT ADMINISTRATOR
The Family Court Administrator is appointed by the Chief Judge. Under the general supervision of the Chief Judge the administrator formulates procedures governing the administration of court services; collects the necessary statistics and prepares the annual report of the work of the court; provides supervision and consultation to the staff of the court concerning administration of court services, training and supervision of personnel, and fiscal management and as a clerk, is the keeper of the court seals and records, administers the court registry, collect all fees, fines and costs, and with the approval of the Chief Judge, appoints deputy clerks, assistant clerks and clerical assistants as may be necessary.
JUVENILE SERVICES
When a police or school department refers a juvenile to Family Court, alleging that the youth is wayward or delinquent by reason he/she has committed an offense in violation of state law or city/town ordinance, a petition is submitted, accompanied by an incident report, to the
Family Court Juvenile Clerks' Office. Except in cases of emergency detention, all petitions are referred to the Juvenile Services Department for preliminary investigation to determine whether the facts are legally sufficient to bring the child within the jurisdiction of the
court and if so, to determine whether the interest of the public or the child require that further action be taken.
On a daily basis, case files with new petitions are assigned to Assistant Intake Supervisors
who, using guidelines which were developed and approved by the judges of the
Family Court, decide whether or not they qualify for diversion (non-judicial
disposition). Those youth whose alleged offense(s) do not fit into the serious
category and do not have multiple petitions filed against them will be notified
to appear for an Intake Conference with their parent(s) and/or guardian(s) to
discuss the allegation(s) filed against them, at which time their constitutional
rights are discussed, and a determination of conditions which are to be met to
satisfy a non-judicial disposition are issued. The Intake Supervisor/Juvenile
Counselor will not divert a case where the youth denies any involvement or
responsibility or where the conditions set forth are not acceptable to the
juvenile and his/her parent(s) or guardian(s). Also, factors such as age and
sophistication of crime, impact on the victim, recommendations of the
petitioner, and prior police contacts are taken into consideration. Once the
conditions of the informal hearing are executed, a petition can still be filed
before the court at a later date should the juvenile clearly and willfully
refuse to comply.
In addition, if the proposed informal adjustment is unacceptable to the
petitioner an appeal to the Chief Judge is available under RJuvP 4. (On average,
approximately 30% of Family Court wayward/delinquent petitions are disposed of
informally.)
Intake Supervisor’s also prepare Waiver of Jurisdiction and Certification
Reports for judge(s) and legal counsels which document a youth’s prior Family
Court involvement including Wayward/Delinquent adjudications and dispositions.
As such, private and government agencies are notified and requested to provide
reports of their involvement with the youth and his/her family and the prognosis
for habilitation or rehabilitation within the juvenile justice system.
In cases of young children, aged 7 to 12 years, and those referred for status
offenses, (disobedient child and truancy complaints), the Chief Intake
Supervisor assigns these cases to the Youth Diversion Unit for a counselor to
conduct home studies and to make certain that these youngsters are not victims
of child abuse or neglect.
The Juvenile Services Department also performs restitution collection for the
court. A Restitution investigator has primary responsibility to assist victims
of juvenile crime by collecting monetary restitution payments which are ordered
by Family Court judges or agreed to as a condition of informal disposition. This
investigator may assist the Family Court in determining the amount of
restitution due the victim as well as the juvenile's ability to pay. In cases
where the amount of restitution requested is in dispute, the Investigator will
determine the fair and equitable value by conducting an investigation of the
facts or by mediation with the parties. Other functions include monitoring and
documenting community service for youths ordered by the court to perform a
specified number of hours within a given period of time.
FAMILY AND JUVENILE DRUG COURT
The Rhode Island Family Court is committed to providing innovative
rehabilitative services to Rhode Island's youth and their families. The creation
of the Family and Juvenile Drug Court by the Chief Judge, the first of its kind
in Rhode Island, allows the judicial system to focus on a therapeutic approach
as opposed to the traditional adversarial process. The Drug Court combines the
persuasive and coercive powers of the juvenile court with clinical assessment
and therapeutic interventions. Under the supervision of the Chief Judge of the
Family Court, the Drug Court is the product of a collaboration among the offices
of Family Court, Attorney General, Public Defender, Department of Children,
Youth and Families, Department of Human Services, other state agencies, the
legislature, as well as, members of business, minority, and community groups.
To be admitted into the Drug Court program, a juvenile must meet certain
eligibility criteria. The Drug Court targets juvenile offenders aged 13-17 who
are charged with alcohol and/or drug offenses. Juveniles with a prior violent
adjudication or a pending violent delinquent charge are not eligible for the
program. A juvenile must also be highly motivated to change his or her behavior,
to engage in intensively supervised and ambitious tasks intended to bring about
change, and to ultimately succeed in life. Successful completion of the Drug
Court program can result in vacation of a juvenile's adjudication or plea on the
drug offense and dismissal of the petition(s).
Drug Court cases are heard by a judge or magistrate. Drug Court staff consists of a Drug
Court Director of Operations, 5 Assistant Intake Supervisors/Case Managers, a
Deputy Clerk, and a part-time Data Entry Aide and Electronic Reporter.
TRUANCY COURT
The Truancy Court's approach constitutes a change in the present policy of
handling truants from a formal court petition to a community and school based
intervention program involving various elements of the community. A reduction in
truancy has been shown to decrease crime, teen pregnancy, drug and alcohol use
as well as to change attitudes to enhance school readiness.
The Truancy Court assigns a magistrate to initially hear cases at a local high
middle school or elementary on a weekly basis. Both parents and truants are summoned before
the court which after a hearing, recommends appropriate intervention measures.
The court supervises cases on a continuing basis until truancy is no longer an
issue.
CHILD PROTECTIVE SERVICES
COURT APPOINTED SPECIAL ADVOCATE PROGRAM (CASA)
The CASA program was initiated in 1978 by the Family Court. It was modeled after
a program developed in Seattle, Washington and was the second program of its
type in the United States. The program is based on a unique and innovative
format involving trained volunteer advocates who work with full-time staff
attorneys and social workers as a team to represent the best interests of
dependent, neglected, and abused children who are under the jurisdiction of the
Family Court. Since its inception, staff has been expanded several times to meet
ever increasing caseloads. Staff attorneys carry an average caseload of 400
children. Staff social workers carry an average caseload of 125 children and act
as a resource for CASA volunteers and staff attorneys.
CASA volunteers investigate the circumstances surrounding a case to which they
are assigned by conducting home visits and contacting other service providers
involved in a case. The volunteers provide ongoing advocacy for the child and
submit written reports to the Family Court with recommendations as to the best
interests of the child.
Because volunteers are essential to the CASA Office, there are ongoing efforts to
bring about name recognition for CASA and to greatly increase volunteer
recruitment.
JUVENILE CLERK
The Juvenile Clerk's Office in Providence maintains all filings of juvenile
petitions for the entire state. Assignments are made to the various counties.
This office processes petitions which consist of: wayward/delinquent and
dependent/neglected/abused children, adoption petitions, voluntary termination
of rights, involuntary termination of rights, placement petitions, minors'
permit to marry, civil court certification applications, various miscellaneous
petitions, administrative appeals and Mary Moe (abortions by a minor) petitions,
as well as maintains an adoption registry.
DOMESTIC RELATIONS OFFICE
The Domestic Clerk's Office processes all domestic relations and domestic abuse
complaints and maintains records of same.
It also processes criminal complaints filed by the Attorney General's Office,
school departments and police departments, i.e. child abuse, domestic assault,
failure of parent(s) to send children to school.
It coordinates the jury trial calendar and requisitions jurors when needed. It
receives and prepares all appeals to the Supreme Court.
The office prepares the daily calendars for each judge, maintains a daily score
card, and maintains a continuous contested calendar.
The Principal Supervisory Clerk is responsible for the 3 satellite courts in the
other counties.
DIVORCE MEDIATION
Divorce Mediation is a tested process for couples who have decided to dissolve
their marriage. Both spouses meet with a neutral trained divorce mediator to
negotiate the terms of their divorce agreement. The mediation process promotes
communication and cooperation. All mediators have been approved by the Rhode
Island Family Court, and most have either a postgraduate degree in mental health
or a law degree and have taken specialized training in divorce mediation. In
addition, the Rhode Island Family Court has established a mandatory court-based
mediation program for the resolution of miscellaneous complaints (custody,
visitation, child support) on the domestic relations docket in Providence
County. The program is provided at no cost to the parties.
CASE MANAGEMENT OFFICE
The Family Court Case Management Office manages the court's daily docket of the domestic and juvenile divisions'
caseload of the court. One supervisor oversees the operations of the domestic and juvenile
calendars.
The duties of the Domestic Case Management Office
are multifaceted. Regarding new complaints filed, the office assigns one judge
to each case to hear all matters pertaining to that case from filing to
disposition. In addition, the office integrates pending cases from prior years
with newly-filed complaints and assigns all to daily calendars before the four
judges sitting on the domestic relations calendar. The scheduling of motions,
case management conferences, pre-trials, and trials are all orchestrated by the
Case Management Office. The office also sets time standards and performance
goals which are used to measure the court's performance.
Outcomes/dispositions of courtroom proceedings are monitored daily by the
Case Management Office to ensure that the data entered in the court's
information system is accurate. The office is also charged with compiling
weekly, monthly and quarterly statistics, as needed, to monitor the volume of
cases filed and disposed. The domestic division of Case Management is staffed by
an Executive Assistant and two Assistant Case Managers.
The ultimate goal of the Domestic Case Management
Office is to make every event in the case process a meaningful opportunity for
disposition. Setting time goals for dispositions and creating mechanisms for
accountability and inventory control allow the court to measure its performance
and, in turn, help to allocate resources from within to those areas most in
need. Proper scheduling by the Case Management Office avoids hearing date
conflicts, assigns court control and monitoring of the progress of each case,
and ultimately allows for hearing and trial date certainty as well as completion
of trials without interruption, thereby promoting more efficient and effective
case resolution.
The duties of the Juvenile Division of the Case Management Office
are to manage the court’s child protection daily calendars, assist in the
assignment of court event dates and provide court-connected mediation in
termination of parental rights cases when appropriate. The mediation and case
management of child protection cases are designed to expedite permanency
planning for children in state foster care while providing more efficient social
and court services and alternative means for dispute resolution. The juvenile
division of Case Management is staffed by an Executive Assistant, three
Mediators/Case Managers, one Deputy Clerk and one Data Entry Aide.
COLLECTIONS UNIT
The Collections Unit has two divisions: Reciprocal and Bookkeeping. The
Reciprocal Office deals with child support enforcement and paternity actions
filed by the Department of Administration - Division of Taxation - Child Support
Enforcement, attorneys and the public.
The Bookkeeping Office maintains accounting records for various accounts of the
Family Court; oversees day-to-day recordings of receipts, reconciles various
bank statements, prepares and issues monthly reports depicting the financial
condition of the court and cash required, and assists in testifying in court
through records. The Bookkeeping Office collects and processes millions of
dollars in child support payments every year. All monies are deposited into the
general funds account (of the state) on a daily basis. Reports of these deposits
are turned over to the Division of Taxation.
In 2004, a record of $74,691,016 child support payments was collected, a 4.0%
increase from the previous year.
FAMILY SERVICES
The Family Services Office has 3 units: drug testing, investigation and mediation.
Family Counseling offers services to couples contemplating or recovering from
divorce. It offers counseling to children and supervises special visitation
between child and parent.
The Investigation Unit works with orders from judges to provide information on
custody and visitation cases. The unit also works closely with the court on
support matters, often helping to find employment.
