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H 7037Criminal Procedure

Delinquent and Dependent Children - Proceedings in Family Court

This bill generally prohibits arresting or handcuffing children twelve and under, except for serious felonies or safety threats.

Held for study
Population
Affected
15
Email Legislator
Introduced Jan 9, 2026Committee House Judiciary

Plain-English Summary

This legislation amends the Rhode Island General Laws regarding family court proceedings to restrict the treatment of children aged twelve and under by law enforcement. It prohibits police from using handcuffs on these children unless there is a specific risk to public safety or the child is threatening physical force against an officer. Additionally, the bill prohibits the arrest or adjudication as delinquent of any child twelve or younger, with a specific exception for cases where there is probable cause that the child has committed a felony offense punishable by life imprisonment.

For younger readers

This new rule changes how police officers treat young children. It says that police are not allowed to put handcuffs on kids who are twelve years old or younger. There are two exceptions: if the child is trying to hurt the officer, or if it is necessary to keep people safe. Also, the rule says that police cannot arrest kids twelve or younger unless the child is suspected of doing something extremely dangerous and against the law that would send an adult to prison for a very long time.

Who & Where It Applies

Impacted groups
Children under 13Police OfficersParents and GuardiansFamily Court JudgesJuvenile Detention Staff
Impacted communities
All

Constitutional & Fiscal Check

None Likely

Estimated cost
None
Estimated revenue
None

Bill Analysis

Both viewpoints
For Progressives
  • Reduces trauma for young children by preventing early contact with the criminal justice system and limiting the use of physical restraints like handcuffs.
  • Helps dismantle the "school-to-prison pipeline" by ensuring that pre-teens are not saddled with criminal records for minor offenses or behavioral issues.
  • Encourages a shift toward age-appropriate, restorative, and social-service-based interventions rather than punitive measures for children under thirteen.
  • Retains the ability to arrest and charge young children for serious felonies, which some advocates may argue still criminalizes youth too early rather than focusing on rehabilitation.
  • Allows police discretion regarding what constitutes a "public safety" risk or "threatening force," which could lead to biased application of restraints against minority children.
  • Does not explicitly mandate or fund alternative mental health or social support systems to handle the behavioral issues of children who are no longer eligible for arrest.
For Conservatives
  • Preserves the authority of law enforcement to arrest and prosecute young offenders who commit the most heinous and violent crimes punishable by life imprisonment.
  • Includes specific provisions allowing officers to use restraints when their own safety is threatened or when necessary for public safety.
  • Likely reduces court dockets and administrative costs associated with processing very young children for minor, non-violent statuses or offenses.
  • Significantly restricts law enforcement officers' ability to manage non-compliant juveniles, potentially hampering their ability to control volatile situations.
  • Prevents the arrest of pre-teens for significant crimes (such as burglary, theft, or simple assault) that do not carry a life sentence, potentially removing consequences for criminal behavior.
  • Undermines the rule of law by creating a class of citizens (those 12 and under) who are largely immune from arrest despite committing acts that would be illegal for anyone else.

Votes

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Full Bill Text

Changes to existing Rhode Island law · 18 additions

SECTION 1. Sections 14-1-25 and 14-1-26.1 of the General Laws in Chapter 14-1 entitled "Proceedings in Family Court" are hereby amended to read as follows: 14-1-25. Arrest of juveniles without warrant.

(a) Any officer authorized to make an arrest for any criminal offense may take into custody without a warrant any child believed to be delinquent or wayward within that officer’s jurisdiction, but in no case shall a child be detained in custody longer than twenty-four (24) hours without being referred to the family court for consideration.

(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.

(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment. 14-1-26.1. Temporary custody of status and non-offenders.

(a) A juvenile taken into custody at a state, municipal, or college police department for an offense that would not be classified as criminal if committed by an adult, or non-offender juveniles, such as dependent or neglected children, shall be held for identification, investigation, and processing purposes only in an unlocked, multi-purpose room that is not designated for residential use or secure detention. The child shall not be handcuffed to a stationary object and must remain in continuous visual supervision of an agency representative.

(b) Beginning at the point of initial contact with a police officer, no preadjudicated child known by the police officer to be twelve (12) years of age or under may be restrained using handcuffs, except when necessary for purposes of public safety or because the child is using or threatening to use physical force on a police officer who is engaging with such child.

(c) No child twelve (12) years of age or under may be arrested or adjudicated as delinquent, except if probable cause exists that the child has committed a felony offense punishable by a term of up to life imprisonment.

SECTION 2. This act shall take effect upon passage.