Rhode Island Child Abuse Laws

State criminal codes treat child abuse as a serious crime. A conviction or even accusation of child abuse can lead to serious consequences, including loss of custody and jail time. Offenders typically are family members, but others who are in close contact with kids can also be charged with abuse. State mandatory reporter laws require certain people to report any credible suspicions of child abuse to the authorities.

This article explains important child abuse statutes in Rhode Island, including mandatory reporting requirements and how the state defines child abuse.

If you or a loved one is experiencing child abuse or domestic violence, contact the Rhode Island Department of Children, Youth & Families (DCYF) hotline at 1-800-RI-CHILD (24 hours a day) or your local police department.

It can also help to have a trusted legal advocate by your side at this time. Contact a Rhode Island family law attorney for help with protective orders, custody questions, and related issues like divorce.

If you're facing criminal charges, a criminal defense attorney can help you build a defense and protect your constitutional rights.

How Does Rhode Island Law Define Child Abuse?

Rhode Island law defines child abuse as harm or threatened harm to a child's physical or mental health or welfare. It covers more than just physical abuse.

Child abuse can involve any of the following:

• Mental abuse
• Emotional abuse
• Sexual abuse/sexual assault
• Shaken baby syndrome (abusive head trauma)
• Sexual exploitation
• Denial of medical treatment
• Neglect or abandonment
• Excessive corporal punishment

Offenders can include anyone who serves as a caretaker for a child under 18 years of age, including but not limited to the following:

• Child’s parent
• Staff person at a school or medical facility
• Out-of-home care (daycare or childcare workers)
• Foster parent
• Educational program workers

If anybody inflicts physical injury upon a child or threatens the child’s welfare, they may face criminal charges for child abuse.

Penalties for Child Abuse in Rhode Island

The penalties for child abuse and neglect in Rhode Island are severe. If a person is responsible for a neglected child, they’ll face felony charges. The same is true for parents and caretakers who abuse their children.

According to Rhode Island law, anyone found guilty of child cruelty or neglect faces felony charges. The penalty for this offense is up to three years in prison and a fine of up to $1,000.

It’s important to note that charges of child cruelty and neglect are nowhere near as serious as charges for child abuse. The penalties for child abuse are much more severe.

In 2012, the Rhode Island legislature passed “Brendan’s Law.” Under this law, anybody who knowingly and intentionally causes death or serious bodily injury to a child is guilty of first-degree child abuse. A person who knowingly and intentionally causes any other physical injury is guilty of second-degree child abuse.

The penalties for these crimes are as follows:

• First-degree child abuse: Ten to 20 years in prison and a fine of up to $10,000
• Second-degree child abuse: Five to ten years in prison and a fine of up to $5,000

Mandatory Reporters in Rhode Island

In many states, mandatory reporters are people whose profession often puts them in contact with children. For example, teachers, daycare providers, coaches, religious leaders, and medical professionals are usually mandatory reporters.

Rhode Island's mandatory reporter statute states that any person with "reasonable cause" to know or suspect child abuse must report it within 24 hours.

• Failure to file a report of abuse is a misdemeanor and is punishable by a $500 fine and imprisonment for up to one year.
• False reporting of child abuse is also a misdemeanor, with possible jail time and up to a $1,000 fine.

However, this does not mean that mandatory reporters who are unaware of child abuse are on the hook for reporting it. Just that they must report any clear signs of abuse to DCYF or a local law enforcement agency.

The Rhode Island Department of Children, Youth & Families (DCYF) hotline is available 24 hours a day at 1-800-RI-CHILD.

How to Find Legal Help

If you’re facing child abuse charges, you should contact a Rhode Island criminal defense attorney immediately. These crimes carry severe penalties, and the longer you wait to hire an attorney, the harder it will be to fight the charges.

If, on the other hand, you suspect a child close to you is experiencing abuse or neglect, you should consult a local family law attorney. They may be able to guide you toward getting the child help or reporting the abuse to the Department of Children, Youth and Families.