(a) Availability. Upon the petitioner filing with the court a petition alleging dependency, neglect, and/or abuse of a child or for termination of parental rights, the petitioner shall promptly provide to the Office of the Public Defender, Rhode Island Legal Services, Court Appointed Special Advocate, and any attorney or guardian ad litem representing either the respondent or the child, a copy of the petition and any accompanying summary of facts and physician's report of examination. Upon written request or order of the court, the petitioner shall within twenty (20) days, or otherwise as ordered by the court, provide to all interested parties the following: (1) The names and addresses of all witnesses, including expert witnesses, if known, and a copy of any written statements and reports made, or if such statements have not been reduced to writing, a summary of the testimony each witness is expected to give;(2) Copies of all photographs, hospital, medical, psychiatric, scientific or psychological reports the petitioner intends to introduce in support of the pending petition;(3) Copies of all child protective investigations and findings, case plans and the case activity notes of all social workers and other employees of the Department of Children, Youth, and Families assigned to the case; and(4) An opportunity to inspect any physical evidence. Upon compliance with a request for discovery, the petitioner may similarly request reciprocal discovery to include a list of witnesses intended to be called on behalf of each party and a summary of the testimony expected of each witness to be produced at least ten (10) days prior to trial or hearing.
(b) Continuing Duty to Disclose. If, subsequent to compliance with a request for discovery or with an order issued pursuant to this rule and prior to or during trial, a party discovers additional material or information which is subject to discovery or inspection , the party shall promptly notify the other party of the existence thereof and provide copies of the additional material and disclose the additional information.(c) Additional Discovery. The discovery provided for in this rule is not intended to limit the amount or nature of disclosure in these cases. The rule merely establishes the minimum amount of disclosure required. The court may order additional discovery and establish time limits for the responses to discovery. (d)Failure to Comply. If at any time during the course of the proceedings a party has failed to comply with this rule or with an order issued pursuant to this rule, the court may order such party to provide the discovery or inspection, grant a continuance, impose sanctions, or make such other order as the court deems appropriate. Upon finding a willful failure to comply, the court may prohibit the offending party from introducing in evidence the material or the testimony of a witness whose identity or statement was not disclosed.As amended 10/18/1999; amended and renumbered March 1, 2019, effective 7/1/2019; amended April 30, 2019, effective 11/4/2019; amended November 5, 2019, effective 1/6/2020.