Section 214-RICR-20-00-1.12 - Removal of a Child from the HomeA. Physicians/nurse practitioners, law enforcement officers, child protective investigators and social caseworkers II are authorized to issue a protective custody hold on a child without the consent of a parent or legal guardian. 1. A physician/nurse practitioner may authorize a seventy-two (72) hour hold on a child who has suffered a physical injury that appears to have been caused by other than accidental means or a child suffering from the effects of sexual molestation or malnutrition or other serious medical neglect: a. Physician/nurse practitioner files a Report of Examination and authorizes the seventy-two (72) hour hold.b. Physician/nurse practitioner must contact the Hotline to advise the Department of the hold.c. If the child requires medical treatment, the child may remain in the hospital during the protective hold.2. A law enforcement officer can invoke a forty-eight (48) hour hold if he/she has reasonable cause to believe that imminent danger to the child's life or health exists. If a law enforcement officer places a child on a hold, he or she must notify the Hotline to determine if an investigation is warranted.3. A CPI or Social Caseworker II may invoke a protective custody hold on a child for forty-eight (48) hours without the consent of the parent or guardian if a parent or guardian is unwilling, unable, or unavailable to cooperate in the protection of the child and/or the child would be at imminent risk of harm if left in the home.B. If a decision is made to seek custody and/or placement beyond the forty-eight (48) or seventy-two (72) hours, an Ex Parte Order of Detention or an Emergency Motion for a Change in Placement must be filed in Family Court prior to the expiration of the hold (depending on whether a petition has already been filed in Family Court). 1. If the forty-eight (48) hour or seventy-two (72) protective hold expires on a weekend or holiday, the Department must obtain a verbal Ex Parte Order of Detention from a Family Court Judge through the Department's Office of Legal Counsel prior to the expiration of the hold.214 R.I. Code R. 214-RICR-20-00-1.12
Amended effective 1/20/2021