Marlene B., In re

• Decision Date: 10 May 1988
• Citation: 540 A.2d 1028
• Parties: In re MARLENE B. 88-120 M.P.
• Court: Rhode Island Supreme Court

Page 1028

540 A.2d 1028

In re MARLENE B.

88-120 M.P.

Supreme Court of Rhode Island.

May 10, 1988.

Francis B. Brown, Court-Appointed Sp. Advocate, Providence, Kevin J. Aucoin, Tracy L. Muto, (Dept. of Children and their Families), for plaintiff.

Barbara Hurst, Paula Rosin, Laurel Cynthia Ferrelli, Asst. Public Defenders, for defendant.

OPINION

PER CURIAM.

The decisive issue in this controversy is whether a Family Court justice has the authority to order the detention of a thirteen-year-old (Marlene) in a secured facility, to wit, the Training School for Girls, while awaiting a hearing on a petition filed by the Department of Children and Their Families alleging that Marlene had been disobedient.On an earlier petition involving a shoplifting episode, the court found her to be a wayward child and subsequently placed her on probation for six months.

Marlene's counsel relies upon the terms of G.L. 1956(1981 Reenactment)§ 14-1-11, as amended byP.L. 1985, ch. 98, § 1, which in essence provides that no child shall be detained at the training school unless there is pending against the child a petition setting forth facts about an alleged act that would constitute a felony or misdemeanor if committed by an adult.

A disobedient act, under the statute, is not considered delinquent conduct.However, the record is clear that Marlene has been a habitual runaway who continues to exhibit suicidal tendencies.In ordering her detention, the trial justice emphasized that Marlene is a danger to the public and to herself.Unquestionably the Legislature's paramount interest in enacting § 14-1-11 was its concern for the welfare of the child.However, it is our belief that the Legislature never intended that § 14-1-11 should be invoked in or would be applicable to situations in...