Rule 9 - Arraignment ; Adjudicatory Hearing(a)Arraignment. When a child appears before the court for arraignment in accordance with the summons, the court shall explain the right to an attorney and determine whether the parties are represented and shall appoint an attorney for the child where necessary. Upon request, or on the court's own motion, the court may appoint separate attorneys to represent the child, the child's parents, or any other party where it appears that the interests of the child and the child's parent or any other represented party may conflict. In the absence of a waiver, the court shall inform the child (or satisfy itself on the record that the child has been informed by an attorney ) of: (1) The nature of the charges against the child;(2) The maximum sentence that could be imposed;(3) The benefit of the presumption of innocence;(4) The right to remain silent;(5) The right to confront and cross-examine the child's accusers and the witnesses against the child;(6) The right to testify and to call witnesses in the child's own defense;(7) The right to have the petitioner prove the child's guilt beyond a reasonable doubt; and,(8) The right to appeal any delinquency or waywardness finding to the Rhode Island Supreme Court. Upon finding that the child understands these rights and consequences, the court may inquire of the child whether the child admits, denies, or with consent of the court admits sufficient facts to submit to the court's jurisdiction. Failure or refusal of the child to admit the allegations shall be deemed a denial of the allegations. If any or all of the allegations admitted by the child are sufficient for an adjudication of delinquency or waywardness, the court may take testimony to corroborate the admissions or may proceed directly to the adjudication.
(b) Determination of Disputed Facts. If any essential averment of the petition is in issue, the court shall determine the order and method of presentation of evidence. Any testimony admissible under the Rules of Evidence shall be admitted. Compulsory process shall issue on behalf of the child or any other party to compel testimony in the child's behalf. The court shall grant a continuance when necessary to ensure a fair presentation of the issues. (c) Findings, Quantum of Proof. The court shall find the facts alleged in the petition to be established only by proof beyond a reasonable doubt or, in the case of a motion for violation of probation, by a fair preponderance of the evidence, and if the court so finds the court shall set forth the findings of fact upon which the court bases its determination in adjudicating the child to be delinquent or wayward. The court may dismiss or deny the petition when the court finds dismissal or denial is in the interest of justice and the welfare of the child.(d) Pre-adjudication. Any test results, reports, and diagnostic evaluations shall be confidential documents. Such documents or any portion thereof shall not be disseminated without a finding by the court that such dissemination is in the child's best interest and is consistent with applicable federal or state laws and regulations.Amended March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.