Bill Sponsors
Tikoian, LaMountain, Ciccone, Gallo, Burke, McKenney, Patalano, Bissaillon, Raptakis, and Paolino
Committee
Senate Judiciary
Summary
Select
This legislation updates the laws governing Rhode Island Family Court proceedings to specifically identify which government agencies must cooperate with the court. It expands the list of entities required to provide assistance and information to include the Department of Health, the Department of Elementary and Secondary Education, all school districts, the Office of Substance Abuse, and the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals. This ensures these specific agencies share necessary information regarding children involved in court cases to assist the court in its decision-making.
Sponsor
Analysis
Pros for Progressives
- Promotes a holistic approach to child welfare by ensuring that the Family Court has access to comprehensive information from health, education, and social service agencies, rather than looking at a child's situation in isolation.
- Increases accountability for state institutions and school districts, preventing them from operating in silos and ensuring they actively participate in the legal processes designed to protect vulnerable youth.
- May improve outcomes for children with complex needs (such as disabilities or substance use issues) by explicitly mandating cooperation from the Department of Behavioral Healthcare, Developmental Disabilities and Hospitals.
Cons for Progressives
- Raises potential privacy concerns regarding the sharing of sensitive medical, behavioral, and educational records with the court system without explicit consent from the families involved.
- Could contribute to the "school-to-prison pipeline" by formally integrating school districts more tightly into the legal and court systems, potentially criminalizing behavioral issues that should be handled educationally.
- Places additional administrative burdens on under-resourced public schools and social service agencies, requiring them to dedicate staff time to court compliance rather than direct service delivery.
Pros for Conservatives
- Increases the efficiency of the judicial system by streamlining the flow of information, ensuring judges have the data they need to make rulings without unnecessary delays caused by bureaucratic red tape.
- Enforces strict accountability on government employees and departments, ensuring that public officials respond promptly to the needs of the court rather than evading responsibility.
- Strengthens the ability of the legal system to protect children by ensuring that all relevant facts regarding a child's health and education are available to the judge.
Cons for Conservatives
- Expands the reach of government by creating a mandatory data-sharing network between schools, health agencies, and the courts, potentially eroding the separation of different government functions.
- Threatens family privacy and parental rights by compelling schools and doctors to hand over sensitive information to the state court system, potentially bypassing parental consent.
- Imposes unfunded mandates on local municipalities and school districts, forcing them to use local tax dollars to comply with state court administrative requests.
Constitutional Concerns
There is a low risk of constitutional conflict regarding the Fourth Amendment and privacy rights. By mandating that agencies, including health and substance abuse offices, provide "any information," the bill could theoretically conflict with federal privacy protections like HIPAA or FERPA if not narrowly applied. However, the text qualifies this with "within his, her, or its jurisdictional power," which likely preserves existing federal privacy and due process protections.
Impact Overview
Groups Affected
- Children involved in Family Court proceedings
- School District Administrators
- State Department Employees (Health, DHS, BHDDH)
- Parents and Guardians
- Family Court Judges
Towns Affected
All
Cost to Taxpayers
Amount unknown
Revenue Generated
None
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Bill Status
Current Status
Held
Comm Passed
Floor Passed
Law
History
• 01/09/2026 Introduced, referred to Senate Judiciary
Bill Text
SECTION 1. Section 14-1-59 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" is hereby amended to read as follows:
14-1-59. Cooperation of public and private agencies.
It is made the duty of every state, town, or municipal official or department, including, but not limited to, the department of children, youth, and families, the department of health, the department of human services, the department of elementary and secondary education, every school district, the office of substance abuse, and the department of behavioral healthcare, developmental disabilities and hospitals, to render all assistance and cooperation within his, her, or its jurisdictional power which may further the objects of this chapter. All institutions or agencies providing services to any child are required to give to the court any information concerning the child that the court may require. The court is authorized to seek the cooperation of all societies or organizations having for their object the protection or aid of children, and their physical or spiritual welfare; and the court shall utilize the available services of all of those societies and organizations.
SECTION 2. This act shall take effect upon passage.
14-1-59. Cooperation of public and private agencies.
It is made the duty of every state, town, or municipal official or department, including, but not limited to, the department of children, youth, and families, the department of health, the department of human services, the department of elementary and secondary education, every school district, the office of substance abuse, and the department of behavioral healthcare, developmental disabilities and hospitals, to render all assistance and cooperation within his, her, or its jurisdictional power which may further the objects of this chapter. All institutions or agencies providing services to any child are required to give to the court any information concerning the child that the court may require. The court is authorized to seek the cooperation of all societies or organizations having for their object the protection or aid of children, and their physical or spiritual welfare; and the court shall utilize the available services of all of those societies and organizations.
SECTION 2. This act shall take effect upon passage.