R.I. R. Juv. P. 24

(a) Petition. The

Department of Children, Youth, and Families or any other agency authorized by law

may petition the court for termination of legal rights of the parent or parents to a

child. The petition shall be sworn to by an authorized agent of the petitioner on the

basis of knowledge or information and belief before a judicial officer or clerk of the

court or before a notary public. The petition shall include the following:

(1) To the extent known the name, age, and residence of:

(A) The child;

(B) The child's parents;

(C) The child's other legal guardian;

(D) The person having custody and control of the child; and

(E) The child's nearest known relative if no parent or guardian can be found.

(2) The action requested of the court by the petitioner;

(3) A statement of facts, in addition to the petition, on which the petition is based,

including reference to the specific statutory grounds on which termination of

parental rights is sought; and

(4) An affidavit swearing to the statement of facts in addition to the petition.

(b) Notice.

(1) Upon the filing of a petition the court shall forthwith issue a summons

requiring the parent, guardian, or other person having custody of the child to appear

before the court for a preliminary hearing on said petition within twenty (20) days

from the date of the filing thereof. The summons shall be issued and served in

accordance with Rule 16.

(2) When a respondent, after service in accordance with this rule, is unable to

appear in court due to hospitalization, institutionalization, imprisonment, or other

circumstances that the court determines would make the respondent's appearance

impractical or inexpedient, the court shall ensure that the respondent receives notice

and an opportunity to be heard in the proceedings.

(3) When a parent's whereabouts are unknown at the time the petition is filed, the

Department of Children, Youth, and Families shall immediately commence a

diligent search to locate the parent.

(c) Preliminary Hearing. A preliminary hearing shall be held on the petition for

the court to:

(1) Advise the parent or other person having care of such child of the allegations

contained in the petition;

(2) Assure that all parents have been identified and located, and if there is an

unnamed or absent parent, inquire as to efforts made to locate that person;

(3) Arraign the respondent by entering either a denial or admission of the

allegations contained in the petition;

(4) Assure that a guardian ad litem and/or a court appointed special advocate has

been appointed to represent the child;

(5) Appoint an attorney to represent the parent and any person having such care

or custody of such child when the parent or custodian is unable to afford such

representation;

(6) Appoint an attorney and a guardian ad litem, if necessary, where the court

determines that a respondent is a minor or is unable to appear in court due to

hospitalization, institutionalization, imprisonment, or other circumstances that

would make the respondent's appearance impractical or inexpedient and where the

respondent made known the respondent's desire to be represented in the petition;

(7) Advise the parent and any other person named on the petition of the right to

participate fully in a hearing on the allegations of the petition;

(8) Make any interim order in the court's discretion respecting the custody,

visitation, and rights of the child; and

(9) Inquire as to the applicability of and compliance with the mandates of the

Indian Child Welfare Act, 25 U.S.C. § 1901, et seq.

(d) Default. If any parent, guardian, or other person having custody of a child

shall, after due notice, fails to appear at the preliminary hearing, the court may enter

a default and proceed to receive proof and enter judgment then or at a subsequent

date no later than thirty (30) days after the default entered unless the time for

receiving proof is extended by the court for good cause.

(e) Discovery. Discovery shall be conducted in accordance with Rule 21. Once

discovery is complete, the court shall set a date for a case management conference.

(f) Hearings on the Merits. A trial shall be commenced within ninety (90) days

of the case management conference, unless good cause is shown. Trial dates should

be scheduled for consecutive days, whenever possible. Where the court determines

that a respondent is unable to appear in court due to hospitalization,

institutionalization, imprisonment, or other circumstances that would make the

respondent's appearance impractical or inexpedient, the court shall permit video

communication when available and telephonic communication if video is not

available. The court shall provide reasonable means for the respondent and an

attorney to communicate confidentially. The court shall draw no inference as to the

fitness of the parent based on the need for video, telephonic, or other electronic

assistance.

(g) Disposition.

(1) Pursuant to G.L. 1956 § 15-7-7, if the court finds by clear and convincing

evidence that one (1) or more of the grounds authorizing termination of parental

rights exists and that the best interests of the child require the termination of such

rights, the court shall terminate the parental rights and set forth in the judgment of

termination the facts and conclusions of law upon which the termination is based.

(2) If the court finds that there are no grounds to terminate parental rights or that

the best interests of the child require that such rights should not be terminated, the

court shall dismiss the petition and set forth in the order the facts and conclusions of

law upon which the dismissal is based.

(h) Judgment.

(1) If a court finds that the parental rights of the parent should be terminated, the

court shall by judgment duly entered appoint some suitable person to give or

withhold consent in any subsequent adoption proceedings. In petitions filed by

licensed or governmental child placement agencies, the court shall further vest the

agency with all rights of guardianship over the child.

(2) The attorney for the petitioner shall prepare a separate judgment for each child

whose parent's rights have been terminated and shall serve a copy of the termination

of parental rights judgment upon the parent's attorney or self-represented parent and

upon the guardian ad litem within fourteen (14) days of the court's decision.

(A) The judgment shall recite the name of the parent whose rights have been

terminated;

(B) The judgment shall recite the specific findings of fact made by the court; and

(C) Where there is no objection, the termination of parental rights judgment shall

be filed by the attorney who prepared the judgment.

(i) Review. In the event that any child whose parent's rights have been finally

terminated and the child has not been placed by the agency in the home of a person

with the intention of adopting the child within thirty (30) days from the date of entry

of the judgment of termination of parental rights, the court shall review the status of

the child and the agency shall file a report that documents the steps the agency has

taken to find an adoptive family or other permanent living arrangement for the child,

including child specific recruitment efforts.

(j) Conclusion of Proceedings. The court shall make findings of fact and

conclude all hearings on petitions for termination of parental rights within one

hundred eighty (180) days after notice to the parents has been effectuated. If the

court is unable to conclude a hearing within one hundred eighty (180) days, the court

shall enter an order setting forth the facts which necessitate an extension of the time

period.

(k) Challenge to Termination of Right to Give or Withhold Consent for

Adoption. Any challenge or petition to reverse a termination of a parent's right to

give or withhold consent for adoption shall be filed no later than one hundred eighty

(180) days after a judgment, decree, or an order is entered.