Rhode Island family law is a complex subject, one that often requires a knowledgeable attorney to parse its various nuances. In some instances, Family Court decisions that do not reach an outcome favorable to one party can be appealed. Such were the circumstances surrounding one fairly recent Rhode Island case.
On January 2, 2014, the Department of Children, Youth and Families (DCYF) filed a petition in Family Court, alleging that the parents “neglected” and “abused” their daughter. In that petition, DCYF specifically alleged that the parents failed to provide the child with a minimum degree of care, supervision, or guardianship; that the child was without proper parental care and supervision; that the parents inflicted or allowed to be inflicted physical injury upon the child; and that the parents created or allowed to be created a substantial risk of physical injury to the child. This summer, the Rhode Island Supreme Court held that the Family Court erred in finding that the mother abused and neglected the child.
A trial on the petition was held before a justice of the Family Court from June to September of 2014. After having reviewed the testimony and other evidence, the trial justice issued a written decision on November 10, 2014. In that decision, she preliminarily noted that the child suffered an oblique femur fracture to her right leg, which is highly unusual in a non-mobile child.