§ 40-11-7.1 - Family court proceedings.
SECTION 40-11-7.1
§ 40-11-7.1 Family court proceedings.– (a) The family court shall, upon the filing of an ex parte petition, hereunder,immediately take any action it deems necessary or appropriate for theprotection of the child, or children, suspected of being abused or neglected,including the removal of the child, or children, from the custody of the parentor parents, or other person suspected of the abuse or neglect.
(b) A hearing on the petition shall be held within seven (7)days from the filing thereof, for the court to:
(1) Advise the parent or parents or other person having careof the child of the allegations contained in the petition;
(2) Enter either a denial or admission of the allegationscontained in the petition;
(3) Assure that a guardian ad litem and/or a court appointedspecial advocate has been appointed to represent the child;
(4) Appoint an attorney to represent the parent or parents orany other person having care of the child alleged to have abused or neglected achild when the parent or custodian is unable to afford representation, asdetermined by the court;
(5) Advise the parent or parents or any other person havingcare of the child of his or her right to a probable cause hearing on the exparte petition to be held as soon as practicable but no later than ten (10)days from the date of the request;
(6) Make inquiry of the mother of the child to determine theidentity of the biological father of the child, if necessary;
(7) In the event that a person named as a putative fatherappears and denies that he is the biological father of the child, the courtshall direct that any such putative father execute a written denial ofpaternity setting forth the implications of such denial in a form to be adoptedby the family court in accordance with the provisions of this section.Execution of such a document by the putative father shall constitute primafacie evidence of his denial of paternity. Upon execution of the denial ofpaternity form, the court shall find that the department has no duty to makereasonable efforts to strengthen and encourage the relationship between thechild and that putative father and the lack of such efforts may not be citedfor any purpose by the putative father in any future proceeding conductedpursuant to the provisions of this chapter, the provisions of title 15 chapter7 or title 15 chapter 8;
(8) Make any interim orders in its discretion respecting therights of the child.
(c) The family court, upon identification of an allegedbiological father by the mother of the child, shall order service of thepetition and notice of hearing date to be made upon him in accordance with theRules of Juvenile Proceedings.
(1) If an alleged putative father appears at the hearing orappears at any subsequent hearing and denies paternity, the court shall directthat any such putative father execute a written denial of paternity settingforth the implications of such denial in a form to be adopted by the familycourt in accordance with the provisions of this section. Execution of such adocument by the putative father shall constitute prima facie evidence of hisdenial of paternity. Upon execution of the denial of paternity form, the courtshall make a finding that the department has no duty to make reasonable effortsto strengthen and encourage the relationship between the child and thatputative father and the lack of such efforts may not be cited for any purposeby the putative father in any future proceeding conducted pursuant to theprovisions of this chapter, the provisions of title 15 chapter 7 or theprovisions of title 15 chapter 8.
(2) If an alleged putative father appears and neither admitsnor denies paternity, the department of children, youth, and families shall,within five (5) days, refer the putative father to the department of humanservices for a determination of paternity in accordance with title 15 chapter 8.
(3) If a putative father, having been duly served withnotice, fails to appear, the court shall find that the department has no dutyto make reasonable efforts to strengthen and encourage the relationship betweenthe child and the putative father and the lack of such efforts may not be citedfor any purpose in any future proceedings conducted pursuant to the provisionsof this chapter, the provisions of title 15 chapter 7 or the provisions oftitle 15 chapter 8.
(d) Execution of a written denial of paternity pursuant tothis chapter shall have no legal effect on paternity or child supportproceedings commenced under title 15 chapter 8.
(e) At the probable cause hearing credible hearsay evidencemay, in the discretion of the court, be admissible. The petition may submit asigned physician's report which, while not conclusive, shall constitute primafacie evidence to support continued detention of the child pursuant to the exparte order pending a trial on the merits.