1.1.1 Program Administration

A. Authority

1. The Child Support Enforcement program is administered by the Federal government and the State of Rhode Island. Federal stewardship of the Title IV-D Program is vested in the Office of Child Support Enforcement (OCSE), an agency within the U.S. Department of Health and Human Services (HHS) Administration for Children and Families.

2. In Rhode Island, the child support program is managed by the Department of Human Services, Office of Child Support Services (OCSS). The revenue collection functions of the Department of Administration, Division of Taxation were transferred to the Department of Human Services on July 1, 2005. Any reference to the Department of Administration, Division of Taxation, the Rhode Island Child Support Services agency, and Bureau of Family Support in reference to child support services in this and other DHS manuals shall be construed to refer to the Department of Human Services, Office of Child Support Services except as may be required by context.

3. The following child support enforcement services are provided:

a. Intake for both public assistance and non-public assistance cases;

b. Location of the non-custodial parent;

c. Establishment of paternity;

d. Establishment of an order for child and medical support;

e. Enforcement of the order;

f. Review and modification of the order; and

g. Collection and disbursement.

B. Purpose

1. Authority for states to administer a Child Support Enforcement Program is vested in the Social Security Act, 42 U.S.C. § 458.

2. Because of its enactment under this part, the program is commonly referred to as the IV-D program. The Social Security Act, 42 U.S.C. § 451, identifies the purpose of the IV-D program as follows:

a. For the purpose of enforcing the support obligations owed by non-custodial parents to their children and the spouse (or former spouse) with whom such children are living, locating non-custodial parents, establishing paternity, obtaining child and spousal support, and assuring that assistance in obtaining support will be available under this part to all children (whether or not eligible for aid under part A) for whom such assistance is requested.

3. Thus, the goal of the IV-D program is to insure that parents assume their obligation to financially and emotionally support their children.

C. Spousal Support Issues

1. For IV-D purposes:

a. "Spousal support" means a legally enforceable obligation assessed against an individual for the support of a spouse, or former spouse, who is living with a child or children for whom the individual also owes support;

b. "Overdue support" means a delinquency pursuant to an obligation determined under a court order, or an order of an administrative process established under State law, for support and maintenance of a minor child, which is owed to or on behalf of the child, or the non-custodial parent's spouse (or former spouse) with whom the child is living, but only if a support obligation has been established with respect to the spouse and the support obligation established with respect to the child is being enforced under the State's IV-D plan;

c. "Past-due support" means the amount of support determined under a court order or an order of an administrative process established under State law for support and maintenance of a child, or of a child and the parent with whom the child is living, which has not been paid. For purposes of referral for Federal income tax refund offset of support due an individual who has applied for non-assistance services "past-due support" includes support owed to or on behalf of a minor child and may include spousal support if such support is included in the child support order.

2. Orders for spousal support may be enforced when the obligor is under a child support order enforced under the State IV-D plan, and the minor child for whom support is sought is living with the individual who is owed spousal support. The Office of Child Support Services may not establish orders for spousal support, only enforce such orders.

D. Petition or Complaint for a Minor

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor child.

1.1.2 Definitions

A. “Arrearages” means unpaid child support payments for past periods owed by a parent who is court ordered to pay.

1. “Conditionally-assigned arrearages” means:

a. arrearages that do not exceed the cumulative amount of unreimbursed assistance paid to the family as of the date the family leaves the assistance rolls.

b. arrearages that were temporarily assigned to the State and became conditionally assigned to the State when the temporary assignment expired.

(1) If a conditionally-assigned arrearage is collected through a Federal income tax refund offset, the collection is retained by the State to reimburse the State and the Federal government up to the cumulative amount of unreimbursed assistance paid to the family.

(2) Collections of conditionally-assigned arrearages by any other enforcement mechanism are paid to the family.

2. “Permanently-assigned arrearages” means arrearages which do not exceed the cumulative amount of unreimbursed assistance paid to the family as of the date the family leaves the assistance rolls:

a. which are or were assigned under an assignment of support rights in effect on September 30, 1998, and

b. which accrued under an assignment entered into on or after October 1, 1998, while a family is receiving assistance.

3. “Temporarily-assigned arrearages” means arrearages which accrued prior to the family receiving assistance and which were assigned to the State after September 30, 1998. These arrearages are not permanently assigned. The temporary assignment will expire when the family leaves the assistance program.

4. “Never-assigned arrearages” means arrearages that accrue after the family's most recent period of assistance ends.

5. “Unassigned arrearages” includes:

a. “Pre-assistance arrearages” means all previously-assigned arrearages that exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued prior to the receipt of assistance.

b. “During assistance arrearages” means all previously-assigned arrearages that exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued during the receipt of assistance.

6. “Unreimbursed assistance” means the cumulative amount of assistance paid to a family for all months, which has not been repaid by assigned support collections. The total amount of unreimbursed assistance a State may recover through the IV-D program is limited by the total amount of the assigned support obligation.

B. “Assistance from the State” means assistance received from a State program funded under Title IV-A of the Social Security Act or under the State plan approved under Title IV-A (as in effect on August 21, 1996).

1. “Assistance paid to the family” means money payments paid in cash, checks, or warrants immediately redeemable at par to eligible families under a State Plan approved under Title IV-A.

2. “Current assistance case” means any IV-D case that is currently receiving TANF (RIW) assistance.

3. “Former assistance case” means any IV-D case that formerly received RIW or TANF (RIW) assistance.

4. “Never-assistance case” means any IV-D case that has never received RIW or TANF (RIW) assistance.

C. “Federal Medical Assistance Percentage” or “FMAP” means the Federal medical assistance percentage (as defined in section 1905(b) of the Act, as such section was in effect on September 30, 1995) in the case of any other State.

D. “Federal share” means that portion of the amount collected resulting from the application of the Federal medical assistance percentage in effect for the federal fiscal year in which the amount is distributed.

E. “State share" means one hundred percent (100%) of the amount collected which does not exceed the cumulative unreimbursed assistance, minus the Federal share.

F. “Title IV-A Agency” means the State agency that administers Title IV of the Social Security Act. In Rhode Island, this agency is the Department of Human Services.

1.1.3 Confidentiality

A. The OCSS staff will have access to information regarding both the custodial parent and non-custodial parent. This information must be held and used according to the regulations outlined in this section.

B. Through the many databases accessed by both the State Parent Locator Service (SPLS) and the Federal Parent Locator Service (FPLS), OCSS employees have available a considerable amount of personal information concerning non-custodial parents. This information must only be accessed for those non-custodial parents whose child(ren)/families are participating in the IV-D program by virtue of either an assignment or application. In no instance, may information gained by OCSS agency be disclosed for purposes other than the administration of the IV-D program, e.g., for location, establishing paternity and support, or enforcement of an existing order.

C. The Social Security Act is explicit in restricting the disclosure of information to only authorized individuals defined as:

1. Any agent or attorney of any state having an approved IV-D plan, who has the duty or authority under the plan to seek to recover any amounts owed as child and spousal support;

2. The court, or an agent of the court, which has authority to issue an order against a non-custodial parent for the support and maintenance of a child; and

3. The resident parent, legal guardian, attorney, or agent of a non-assistance child without regard to the existence of a court order against a non-custodial parent who has a duty to support and maintain any such child.

D. In proceedings to establish paternity, OCSS must exercise discretion. All matters relating to paternity establishment should proceed in the strictest of confidence after a prudent assessment of all case information available.

E. The OCSS staff may discuss a paternity case only with the custodial parent or the putative father. If a call is received from a third party (someone other than the mother or putative father) the staff is limited to discussing only the general policy and procedures regarding paternity establishment.

1.2.1 Rhode Island Works (RIW) Child Support Cases

A. Title IV, Part A of the Social Security Act provides funding to states to pay cash assistance benefits to needy families with children. This program, known as Temporary Assistance to Needy Families, is commonly referred to as TANF. Rhode Island's TANF program is called the Rhode Island Works, or RIW. For every child for whom RIW (Title IV-A) benefits are paid because of a parent's absence from the home, the State must establish a child support case and pursue collection of support, unless a claim of good cause for non-cooperation is substantiated (see § 1.3.6 of this Part). These cases include those in which the parents were never married, or were married but are now separated or divorced, and cases where the child(ren) is/are living with a non-parent caretaker relative who is receiving RIW in the child's behalf.

B. Assignment of Rights

1. Both Federal and Rhode Island laws require the custodial RIW parent to assign to the State any rights to support from any other person in behalf of the custodial parent or in behalf of any other member of the RIW family unit. In Rhode Island, this assignment of support operates by virtue of State law, and also by virtue of a signed RIW application which includes assignment of rights provisions, whenever RIW public assistance benefits are furnished.

2. As a condition of eligibility for assistance under Federal Title IV-A of the Act, a member of the family must assign to the State any rights a family member may have (on behalf of the family member or of any other person for whom the family member has applied for or is receiving such assistance) to support from any other person, not exceeding the total amount of assistance paid to the family which accrue (or have accrued) before the family leaves the program.

a. Prior to October 1, 1998, the applicant assigns to the State all rights to support which will accrue prior to the family leaving RIW assistance.

b. On or after October 1, 1998, the applicant assigns to the State all rights to support which will accrue while the family is receiving assistance, until the family leaves assistance, up to the amount of unreimbursed assistance.

c. The cumulative amount of assigned arrearages in former assistance cases may not exceed the cumulative amount of unreimbursed assistance paid to the family under all assignments.

d. A State may not require, as a condition of providing assistance to any family, that a member of the family assign to the State any rights to support which will accrue after the date the family leaves the RIW Program.

1.2.2 Non-Public Assistance (NA) Child Support Cases

A. The Office of Child Support Services provides child support enforcement services to individuals who are not receiving RIW, Medicaid, or IV-E Foster Care. These services may be continued upon the termination of a RIW case or provided upon the request of a custodial parent or non-custodial parent.

B. Non-Public Assistance (NA) Cases Without Prior RIW

1. Title IV, Part D of the Social Security Act provides funding to states to operate a child support enforcement program. Section 454 of the Act provides that the State must provide that the support collection or paternity determination services established under the plan shall be made available to any individual not receiving RIW who files an application for the services with the IV-D agency. These cases are frequently referred to as Non-public assistance (NA) and represent families from the general public who choose to access the IV-D agency for services in lieu of retaining private counsel. In Rhode Island, these NA families are charged a twenty-dollar ($20.00) application fee. In no case may the fee exceed twenty-five dollars ($25).

2. Federal and State law does not require the custodial non-assistance parent to assign to the State any rights to support from any other person on behalf of the custodial parent.

C. Non-Public Assistance (NA) Cases with Prior AFDC/RIW

1. When a RIW or Medicaid only case is closed, child support services are continued unless the custodial parent requests, in writing, that they be terminated. These cases differ from NA cases without prior RIW because services are provided automatically without an application fee.

2. When a family ceases receiving assistance under the state's IV-A plan, the assignment of support rights terminates except with respect to the amount of any unpaid support obligation that has accrued under such assignment.

a. Priority first shall be given to collection of current support and shall be paid to the family.

b. Second, any arrearage due the family shall be paid first if the case is a NA case and any arrearage due the state shall be paid if the family is on RIW.

c. Third, any medical arrearages due shall be paid.

1.2.3 Foster Care Child Support Cases

Title IV, Part E of the Social Security Act provides funding to states to operate foster care and transitional independent living programs for children who would otherwise qualify for RIW benefits. In addition, when children are removed from their home and placed in foster care the Act requires that all steps be taken to secure an assignment to the state of any rights to support on behalf of each child receiving foster care maintenance payments under IV-E. As with RIW, the assignment of rights to support in a IV-E foster care case is automatic by operation of state law in Rhode Island. The IV-E foster care program in Rhode Island is administered by the Department of Children, Youth and Families (DCYF). The Office of Child Support Services is responsible, therefore, for the establishment and enforcement of support orders from either or both parents of IV-E foster care children if referred by DCYF.

1.2.4 Medicaid Child Support Cases

A. Title XIX of the Social Security Act provides funding to states to operate Medicaid programs for indigent families with children and other specified individuals. This Act requires that all steps be taken to secure an assignment to the state of any rights to medical support on behalf of each child receiving Medicaid services and payments under Title XIX. As with RIW and IV-E foster care, the assignment of rights to support in a Medicaid case is automatic by operation of state law in Rhode Island. The Office of Child Support Services is responsible, therefore, for the establishment and enforcement of orders for medical coverage from non-custodial parents of Medicaid children.

B. If the Court determines that the cost of the insurance coverage is not reasonable, that is, the cost of coverage is more than 5% of the parent's gross income, the court may order the parent to pay a weekly cash medical order equal to 5% of the gross income. If the child is on Medicaid, the State will retain the cash medical order and apply it towards Medicaid reimbursement. If the child is not receiving Medicaid, the cash medical will be distributed to the custodial parent as reimbursement for private health coverage provided.

1.2.5 Intergovernmental Child Support Cases

A. The cases described in this section may also occur in intergovernmental case situations. In general, an intergovernmental case is one in which one of the parties resides in Rhode Island and the other resides out of State or in a foreign country; or another State or foreign country has a legal interest in the establishment and enforcement of support. Additionally, there are two categories of intergovernmental cases:

1. Responding - where the non-custodial parent resides, is employed or has resources in Rhode Island and the child(ren) live out of state; or

2. Initiating - where the child(ren) reside in Rhode Island and the non-custodial parent resides, is employed or has resources in another state.

1.3.1 Direct Support

A. Direct support payment means an assigned support payment from a non-custodial parent received directly by a RIW recipient. These payments may go to the RIW recipient directly from the non-custodial parent or, in some cases, may have been sent by either an out-of-State court or agency or a R.I. court.

B. RIW recipients are required to turn over direct support payments to the:

1.3.2 Conditions of Eligibility

A. As a condition of eligibility for RIW, CCAP, and Medicaid, a recipient is required to cooperate (unless good cause for refusing to cooperate is determined) with the Office of Child Support Services to establish, modify, and enforce a child support order(s) for each eligible child.

B. To cooperate with the child support agency, an applicant or recipient shall make a good faith effort regarding the non-custodial parent(s) of each child for whom assistance is requested, as outlined below. An applicant or recipient who has not provided the information specified shall be provided an opportunity to make a good faith effort by providing all the information s/he can reasonably obtain. Such information shall include:

1. Each non-custodial parent's full name and social security number; or

2. Each non-custodial parent's full name and at least two (2) of the following items:

a. The non-custodial parent's date of birth;

b. The non-custodial parent's address;

c. The non-custodial parent's telephone number;

d. The name and address of non-custodial parent's employer(s);

e. The name and address of at least one of the parents of the non-custodial parent; and

f. The manufacturer, model and license plate number (including state of issue) of the non-custodial parent.

C. Verifiable Information

The information requested above must be verifiable. Information is considered verifiable, if, using reasonable efforts, the Office of Child Support Services can confirm that it is current and accurate. Reasonable efforts shall be determined by OCSS and shall include but not be limited to the following: a review of databases available to OCSS to follow-up on information; follow-up contacts with the applicant or recipient as appropriate, telephone calls to phone numbers, or letters sent to addresses provided by the applicant or recipient, or requests to other agencies for records identified by the applicant or recipient.

D. Husbands Name Unknown

If the child birth certificate provides husbands name as unknown, and parent is married at the time of the birth, the applicant must provide husband’s full name. If an applicant believes that providing the name of her husband will result in physical or emotional harm to her or to her child, the applicant is referred to the Family Violence Options Program for a determination of whether good cause not to cooperate exists. If the information is not provided and does not meet the requirement under good faith efforts, the applicant and/or recipient is subject to provisions established in § 1.3.2 of this Part regarding non-cooperation.

E. Good Faith Effort Required

An applicant or recipient who has not provided the information specified in § 1.3.2 of this Part shall be deemed to be cooperating if s/he can reasonably obtain any other information or documentation that may assist in identifying or locating the non-custodial parent, establishing parentage, or establishing, modifying or enforcing a child support order, such as:

1. In cases in which paternity has not been established, a sworn statement that sexual intercourse between the non-custodial parent and that applicant or recipient occurred during the probable period of conception.

2. A statement or statements as to the identity of location of the non-custodial parent from individuals other than the applicant or recipient who have personal knowledge of such information.

3. Records or information as to the whereabouts of records from law enforcement, social service, or other agencies, courts, or offices regarding the identity of location of the non-custodial parent.

4. Utility bills, parking tickets, credit card receipts, or other personal records or effects that contain information regarding the identity or location of the non-custodial parent.

5. Telephone numbers or addresses of individuals who, if contacted, may be able to provide information as to the identity and location of the non-custodial parent.

6. Signed releases for OCSS to obtain evidence to corroborate that the information provided is accurate and that all information about the non-custodial parent available to or reasonably obtainable to the applicant or recipient has been provided.

7. A sworn statement documenting with specificity efforts undertaken and obstacles encountered by the applicant or recipient in pursuit of information regarding the non-custodial parent, with any documentation supporting the sworn statement attached; and

8. If an applicant or recipient is uncertain as to which of two (2) or more individuals might be the non-custodial parent of a single child, the applicant or recipient shall provide the information required about at least one person at the time of application or redetermination of eligibility for public assistance or upon request of OCSS.

F. If the applicant or recipient has provided information about an individual who is found not to be a non-custodial parent by court order or genetic testing, the applicant or recipient shall provide information about any additional possible non-custodial parents for that child.

G. It is important to emphasize that a sworn statement or affidavit from the applicant/recipient attesting to the lack of verifiable information about the non-custodial parent will NOT alone meet the requirement of cooperation.

H. Continued Cooperation

Regardless of whether an applicant or recipient has provided all of the information in this section, s/he is required to continue to make a good faith effort to cooperate with the Office of Child Support Services (OCSS) to establish paternity and establish, modify, and enforce child support and medical orders.

I. Additional cooperation may include, but is not limited to:

1. Appearing for appointment to provide additional information possessed by or reasonably obtainable by the applicant or recipient;

2. Authorizing OCSS to obtain pertinent information from third parties;

3. Accepting personal services of process from licensed constables and authorized agents relative to their child support cases;

4. Appearing as witness in a judicial or other proceeding; and

5. Appearing for parentage tests.

J. If an applicant or recipient fails to appear in court or fails to cooperate in any of the above, and such failure precludes OCSS from proceeding in an action to establish paternity, or to establish, modify, or enforce a child support or medical order, OCSS shall notify DHS, by e-mail, or in writing that the applicant or recipient has not cooperated and the grounds therefore. The applicant or recipient shall be sent a copy of this notice. If, however, the applicant or recipient contacts OCSS on or before the court date and specifies emergency circumstances that prevent the applicant or recipient from appearing in court or attending a scheduled appointment, OCSS shall not issue a determination of non-cooperation, but shall proceed in court in the absence of the applicant or recipient, if possible, or reschedule the court date. OCSS may require the applicant or recipient to provide documentation about such emergency circumstances.

K. If subsequent to the issuance of a determination of non-cooperation, the applicant or recipient begins cooperating, OCSS shall promptly notify DHS and provide notice to the applicant or recipient.

1.3.3 Non-Cooperation with Child Support

A. If the Office of Child Support Services determines that the applicant or recipient failed to provide the information s/he has or can reasonably obtain (or to otherwise cooperate), then OCSS shall determine that the applicant or recipient has failed to make a good faith effort to cooperate. OCSS shall notify RIW/MA/CCAP by e-mail and in writing of the failure to cooperate and the grounds therefore, and provide a copy of to the applicant or recipient. If subsequent to the issuance of the notice of noncooperation, the applicant or recipient begins cooperating, OCSS shall promptly issue a notice of cooperation in writing, and by e-mail to RIW/MA/CCAP and provide a copy to the applicant or recipient.

B. RIW/MA/CCAP shall upon receipt of a determination of noncooperation from OCSS, impose a sanction for noncooperation in accordance with DHS policy, unless the applicant or recipient establishes good cause. If DHS imposes a sanction for noncooperation, DHS shall provide the applicant or recipient with an opportunity to challenge the imposition of the sanction in accordance with DHS policy.

1.3.4 Good Cause

A. An applicant or recipient of RIW/MA/CCAP may claim good cause for refusing to cooperate with the Office of Child Support Services. In claiming good cause, the applicant or recipient states that by cooperating with the Office of Child Support Services in the child support enforcement effort s/he would not be acting in the best interest of the child. That is, cooperation with OCSS would result in physical or emotional harm to the child or the applicant or recipient.

B. Physical harm and emotional harm, as defined, must be of a serious nature. It must be demonstrated to the DHS agency representative that there exists an emotional impairment that substantially affects the individual's functioning for a finding of good cause for emotional harm to be made.

C. If a determination is based in whole or in part upon the anticipation of emotional harm to the child, parent, or other caretaker relative, consideration is given to the following:

1. the present emotional state of the individual subject to emotional harm;

2. the emotional health history of the individual;

3. intensity and probable duration of the emotional upset; and

4. degree of cooperation to be required; and the extent of involvement of the child in paternity establishment or support enforcement activity to be undertaken.

D. The DHS agency representative can find good cause on the basis of anticipated physical harm without corroborative evidence if the agency considers the claim credible without corroborative evidence and if such corroborative evidence is not available.

E. Every applicant or recipient is given an opportunity to claim good cause for refusing to cooperate. Good cause applies only to cooperation. An applicant or recipient may claim good cause for non-cooperation at any time with DHS. The eligibility requirement regarding the assignment of support rights is not affected by a good cause determination.

F. If good cause is claimed, the applicant or recipient is advised that (s)he must state the basis of the claim and present corroborative evidence within twenty (20) days of the claim; or, (s)he must provide sufficient information to enable the investigation of the circumstance; or, provide sworn statements from individuals to support the claim as specified on the AP-35.

G. If an applicant or recipient informs OCSS of facts that may give rise to a claim of good cause, OCSS shall refer the applicant or recipient to DHS to claim good cause.

H. The determination as to whether good cause does or does not exist should be made within thirty (30) days of the good cause claim unless the record documents that the agency needs additional time because the information required to verify the claim cannot be obtained within the time standard. The final determination will be reported to Child Support Services

I. OCSS shall provide written notice to each applicant or recipient informing her/him of the right to claim good cause with DHS, the basis for a good cause claim, and how to claim good cause with DHS pursuant to DHS policy.

1.3.5 Domestic Violence and Child Support

A. There are two scenarios where a custodial parent may allege there is an issue of domestic violence that prevents him/her, or limits his/her ability to pursue establishment and enforcement of a child support order. In the first scenario, the custodial parent applies for benefits from the Rhode Island Works and alleges an issue of domestic violence. The caseworker determines there is good cause not to proceed. The case is not referred to the Office of Child Support Services. However, in a limited number of cases the custodial parent receiving benefits wishes to proceed with establishment of an order but needs to have his/her confidential address protected.

B. In the second scenario, a non-welfare custodial parent applies for child support services and indicates that there is a domestic violence issue, and that the non-custodial parent does not know where s/he resides but that s/he wishes to establish or enforce a child support order in safety. The OCSS would follow procedures to obtain an ex-parte order to seal the Court file before any pleadings are filed and in substituting the address of the agency for the address of the custodial parent to protect the confidential address.

C. According to RI law (R.I. Gen. Laws § 40-5.1-46) a history of domestic violence means:

1. Physical acts that resulted in or threatened to result in physical injury to the individual;

2. Sexual abuse;

3. Sexual activity involving a dependent child;

4. Being forced as the caretaker relative of a dependent child to engage in non-consensual sexual acts or activities;

5. Threats of, or attempts at, physical or sexual abuse;

6. Mental abuse; or

7. Neglect or deprivation of medical care.

1.4.1 Mandatory Fees

A. Services are free for custodial parents whose RIW cases were closed after October, 1985. For all others, including custodial parents whose RIW cases were closed before October, 1985, the application fee is twenty dollars ($20).

B. Effective 10/1/06, pursuant to the Deficit Reduction Act, in all never assistance cases, where the state has collected five hundred dollars ($500.00) in child support annually, the state will remit the federal share of the twenty-five dollar ($25.00) fee annually to the federal office of child support enforcement as program income.

1.4.2 Services Provided

A. The Office of Child Support Services provides the same child support services to families not receiving public assistance as it does to families receiving public assistance.

B. Non-assistance (NA) cases are established automatically when a public assistance case is closed or upon receiving an application from a custodial parent who has requested services.

C. Services will also be provided to fathers who request assistance in establishing paternity, establishing an order and in filing a Motion to modify a child support order.

D. The Office of Child Support Services must provide applications for IV-D services to individuals on the same day a request is made in person or within five (5) working days of a written or phone request.

E. Applications are considered filed on the day the necessary forms (along with the application fee) are received by the Office of Child Support Services. Applications will be returned if information is incomplete or the appropriate documentation is not provided. A case file will be opened and established within twenty (20) calendar days of the date the complete application was received. Based on an assessment of the case, the following action(s) may include:

1. Obtaining necessary and relevant information from the custodial parent and other relevant sources;

2. Initiating verification of information, if appropriate;

3. Requesting additional location information, or referring the case for further location attempts if location information is inadequate; and/or

4. Scheduling an applicant interview if needed.

1.4.3 Application Procedures

A. Custodial parents may request an application by calling or writing the Office of Child Support Services office or by downloading an application from the website at www.cse.ri.gov.

B. The agency will determine whether the case is one in which paternity must be established, establishment, enforcement or intergovernmental and forward to the appropriate agent.

C. The Office of Child Support Services agent will:

1. Establish a case record following office procedures;

2. Determine what actions must be taken;

3. Schedule an appointment with the applicant if needed; and/or

4. Return the application indicating the reason the application was incomplete and the documents required.

1.4.4 Interview

A. During an interview the agent may:

1. Provide the custodial parent with information regarding child support services, his/her rights and responsibilities, the State's fees, cost recovery and distribution policies;

2. Discuss the types of services available

3. Provide assistance in completing the application if needed;

4. Obtain and clarify any information needed;

5. Advise the custodial parent that it is his/her responsibility to provide any legal documentation required such as a birth certificate or divorce decree;

6. Obtain a completed income and expense sheet (OCSS-1);

7. Obtain the custodial parent's signature on any forms necessary to initiate action; and

8. Explain the Debit Card and Personal Identification Number (PIN) process associated with the Child Support Account.

1.4.5 Custodial Parent Responsibilities

A. The non-assistance (NA) custodial parent must cooperate with the Office of Child Support Services in the child support enforcement effort. Cooperation means helping in:

1. Locating the non-custodial parent;

2. Establishing paternity and orders for support and;

3. Collecting the support.

B. Actions include:

1. Keeping the Office of Child Support Services informed of his/her current address;

2. Appearing at the Office of Child Support Services when required;

3. Appearing as a witness at judicial or other hearings;

4. Providing information and documentation requested;

5. Attesting to the lack of information, under penalty of perjury;

6. Maintaining PIN account information; and

7. Returning funds received in error as agreed to in the application process.

1.4.6 Non-Assistance to Public Assistance Case Processing

If an existing IV-D non-assistance (NA) custodial parent begins receiving Rhode Island Works (RIW), the electronic code for case type will automatically change from non-assistance (NA) to RIW upon initial approval of IV-A benefits. The administration of the case will continue under the rules outlined in § 1.3 of this Part, Rhode Island Works (RIW) Case Processing.

1.4.7 Public Assistance to Non-Assistance

When a custodial parent's RIW case is closed, the Office of Child Support Services continues IV-D services by opening a non-assistance (NA) case. A letter is sent to the custodial parent informing her/him that child support services will continue unless a request is made in writing that these services are no longer wanted.

1.5.1 Foster Care Agency Responsibilities

Where appropriate the Foster Care agency will take all steps including cooperative efforts to secure an assignment to the State of any rights to child support and medical support on behalf of each child receiving foster care maintenance payments.

1.5.2 Office of Child Support Services (OCSS) Agency Responsibilities

A. The OCSS will provide the same child support services for children receiving IV-D Foster Care benefits as in any other child support enforcement case, provided the Department of Children, Youth & Families (DCYF) provides a complete and accurate referral.

B. Upon receipt of a complete referral from the DCYF with all required documents, application and affidavits, the OCSS agency establishes a child support case. The OCSS agency will, based on an assessment of the case, determine necessary action, solicit necessary and relevant information from the custodial parent and other relevant sources and initiate verification of information when appropriate.

C. When there is inadequate location information with which to proceed, the OCSS will request additional information or pursue further location attempts where appropriate.

D. The OCSS agency will:

1. Locate the parent;

2. Establish paternity if necessary;

3. Establish orders for support and medical support;

4. Suspend orders when the child is no longer in DCYF care; and

5. Enforce orders when requested by DCYF

1.5.3 Assignment and Referral

The assignment of support rights secured on behalf of a child receiving foster care maintenance payments shall constitute an obligation owed to the State by the individuals responsible for providing support. This obligation is collectible under all applicable State and local processes. The amount of the obligation will be an amount determined by the State in accordance with a formula established by the State.

1.6.1 Medicaid Agency Responsibilities

A. The Medicaid agency is responsible for forwarding all cases where the custodial parent is receiving Rite Care, Medicaid or Rite Share to the OCSS for case processing. The OCSS is not responsible for any cases until an appropriate and complete referral is provided.

B. The Medicaid agency must notify the OCSS when the following occurs:

1. a non-custodial parent changes insurance;

2. a non-custodial parent drops insurance; and/or

3. a custodial parent stops receiving Medicaid.

1.6.2 Assignment and Referral

A. Each applicant for or recipient of Medicaid or any individual receiving Medicaid for and on behalf of any other person for whom (s)he may be legally responsible will assign his/her rights to any medical support or any other medical care without the necessity of signing any document.

B. This assignment includes any and all rights and interests that (s)he may have to payment for any medical support and to payment for any medical care from any third party.

C. The custodial parent is not assigning any rights to child support. That is a separate assignment, which arises when the custodial parent receives RIW benefits.

1.6.3 Custodial Parent Responsibilities

A. As a condition of eligibility for Medicaid, a recipient is required to cooperate (unless good cause for refusing to cooperate is determined) with the State in:

1. identifying and locating the non-custodial parent,

2. establishing paternity for children born out of wedlock,

3. establishing medical support obligations, and

4. enforcing such orders.

Per federal requirements, the Office of Child Support Services enters into cooperative agreements with the Rhode Island Family Court, the Department of Children, Youth and Families (DCYF), the Department of Corrections, and the Department of Labor and Training (DLT), among other entities and as required. These are written agreements, which specifically outline each party's responsibilities and the financial arrangements agreed upon.

A. Pursuant to Rhode Island law, a child is emancipated upon his or her eighteenth (18th) birthday. The court may, if in its discretion it deems it necessary or advisable, order child support and education costs for children attending high school at the time of their eighteenth birthday and for ninety (90) days after graduation, but in no case beyond their nineteenth birthday. If the child has a mental or physical disability, which occurred before emancipation, the order may continue until the child's 21st birthday. However, a non-custodial parent is obligated to continue paying current child support until s/he has obtained an order terminating that obligation. Therefore, the OCSS will continue to enforce an order until such time as the order has been terminated and arrears have been suspended.

B. Internally the eligibility system will stop the order at the youngest child's 18th birthday. This does not affect the legality of the order.

The Office of Child Support Services has implemented a case assessment and prioritization system to manage its caseload. This system includes all cases and ensures that no service required to be provided under the State plan has been systematically excluded.

1.10.1 Federal Regulation (Public Welfare, 45 C.F.R. § 303.11)

A. In order to be eligible for closure, a case must meet at least one of the closing criteria described. Once the case becomes eligible for closure, the state’s electronic computer system automatically schedules the case to close sixty (60) days in the future and generates the closure letter to send to the custodial parent. An agent can also schedule a case for closure by entering a closure date sixty (60) days in the future. The eligibility system will automatically send the closure letter and close the case in sixty (60) days via the monthly case closure process. A case will not be closed if:

1. The custodial parent supplies information in response to the notice which could lead to the establishment of paternity, an order for support, or enforcement of an order; or

2. Contact is reestablished with a custodial parent whose whereabouts were unknown.

B. A custodial parent may request, at a later date, that her/his case be reopened if there is a change in circumstances that could lead to the establishment or enforcement of an order.

1.10.2 Closing Criteria Requiring Sixty (60) Day Notice

A. A sixty (60) day closing notice will be sent to the custodial parent when a case is closed for one of the following reasons:

1. There is no longer a current support order and arrearages are under five hundred dollars ($500) or unenforceable under state law;

2. The non-custodial parent or putative father is deceased and no further action, including a levy against the estate, can be taken. The agent shall obtain a certified copy of the death certificate and file a Motion to Dismiss;

3. Paternity cannot be established because:

a. The child is at least twenty-two (22) years old; or

b. A genetic test or a court or administrative process has excluded the putative father.

4. OCSS shall file a Motion to Dismiss based upon the exclusion;

5. The Office of Child Support Services has determined that it would not be in the best interest of the child to establish paternity in a case involving incest or forcible rape, or in any case where legal proceedings for adoptions are pending;

6. The identity of the biological father is unknown and cannot be identified after diligent efforts, including at least one interview by the IV-D agency with the recipient of services;

7. The non-custodial parent's location is unknown, and regular attempts have been made using multiple sources to locate the non-custodial parent over a three (3) year period, when there is sufficient information to initiate an automated locate effort, or over a one (1) year period when there is not sufficient information to initiate an automated locate effort;

8. The non-custodial parent cannot pay support for the duration of the child's minority because (s)he has been institutionalized in a psychiatric facility, is incarcerated with no chance for parole, or has a medically verified permanent and total disability with no evidence of support potential. The Office of Child Support Services must also determine that no income or assets are available to the non-custodial parent that could be levied or attached for support;

9. The non-custodial parent is a citizen of, and lives in a foreign country, does not work for the Federal government or a company with headquarters or offices in the United States, and has no reachable domestic income or assets, and the state has been unable to establish reciprocity with the country.

10. In a Non-Assistance case:

a. The Office of Child Support Services is unable to contact the custodial parent within a sixty (60) calendar day period despite an attempt of at least one letter sent by first class mail to the last known address, or

b. The custodial parent fails to cooperate and an action by the custodial parent is essential for the next step in providing services.

11. OCSS documents failure by the initiating state to take an action which is essential for the next step in providing services.

12. The OCSS will close cases, codify arrears, and notify the custodial parent if her address is known, in cases which meet the following criteria:

a. There is no current support order,

b. The child is past the age of emancipation,

c. The location of the non-custodial parent is unknown despite repeated automated locate efforts for a period of 1 year,

d. The arrears are unenforceable which means repeated automated administrative enforcement efforts have taken place to secure an asset or payment and such efforts have been unsuccessful,

e. Or the custodial parent cannot be located to cooperate with the case in establishing arrears.

1.10.3 Closings Without Prior Notice

A. A 60-day closing notice does not have to be sent, if a case is closed for one of the following reasons:

1. The case was opened as a non-assistance location only; or

2. The non-assistance custodial parent requests closure of a case and there is no assignment to the State of medical support or arrearages which accrued under a support order; or

3. There has been a finding of good cause, and it has been determined that support enforcement may not proceed without risk or harm to the child or caretaker relative.

B. Case Retention

The Office of Child Support Services will retain closed case records for a minimum of six (6) years after closure before purging the file.

1.11.1 Location Standards

A. A non-custodial parent will be considered "located" when information regarding his/her physical whereabouts, or place(s) of employment, or other sources of income or assets have been verified, and the information is sufficient to allow the Office of Child Support Services to take the next appropriate action.

B. Within no more than seventy-five (75) calendar days of determining that location is necessary, the Office of Child Support Services will access all appropriate location sources, including transmitting appropriate cases to the Federal Parent Locator Service (FPLS) and ensuring that location information is sufficient to take the next appropriate action in a case.

C. Appropriate location sources include but are not limited to:

1. Credit Bureau;

2. The Federal Parent Locator Service (FPLS);

3. Intergovernmental location networks;

4. Relatives and friends of the non-custodial parent;

5. Current or past employers;

6. The local telephone company;

7. The U.S. Postal Service;

8. Unions and fraternal organizations;

9. Police, parole, and probation records, if appropriate;

10. State agencies and departments as authorized by State law, including those departments which maintain records of:

a. Public assistance;

b. Wages, employment, and unemployment insurance;

c. Income taxation;

d. Driver's licenses, vehicle registration; and

e. Criminal records.

1.11.2 Notice Requirements

A. In cases where previous attempts to locate the non-custodial parent have failed, but for which adequate identifying and other information exists, the Office of Child Support Services will:

1. Exhaust all appropriate location resources within seventy-five (75) days of receiving new information;

2. Submit to the FPLS, at least annually, cases in which location is needed and for which a non-custodial parent's social security number is known or every effort has been made to obtain it;

3. Document all location efforts including telephone contacts with the custodial parent and the non-custodial parent in the state’s electronic eligibility system;

4. Record current, verified information; and

5. Repeat location attempts in cases in which previous attempts to locate non-custodial parents or sources of income and/or assets have failed, but adequate identifying and other information exists to meet requirements for submittal for location, either quarterly or immediately upon receipt of new information which may aid in location, whichever occurs sooner.

1.12.1 Non-Custodial Parent Social Security Number

A. The Office of Child Support Services is authorized by R.I. Gen. Laws § 15-22-1 to have access to and to request information from various individuals and entities only for the purpose of and to the extent necessary for the administration of the child support enforcement program. The Child Support Services agent decides which individuals or entities to query to assist in the location of the obligor based on information available in the case. These requests for information can be made by any method, including but not limited to:

1. Paper;

2. Facsimile (Fax);

3. Telephone; or

4. Magnetic tape or other electronic means.

B. Unless otherwise limited by federal statute, individuals or entities from whom the Child Support Services agent may secure such information include, but are not limited to:

1. State or municipal agencies;

2. Utility companies (including telephone);

3. Tax assessor's offices;

4. Housing authorities;

5. Employers;

6. Professional or trade associations;

7. Labor unions;

8. Professional or trade licensing boards;

9. Bank and other financial institutions;

10. Credit bureaus or agencies; or

11. Any other individual or entity which the Office of Child Support Services has reason to believe may have information that relates to or may assist in the location of the obligor.

C. Requested information that must be provided includes, but is not limited to, the obligor's:

1. State income tax returns (including address, filing status, and number of dependents reported on any return filed by the obligor and any other information which shall be determined and approved by the Tax Administrator and such federal tax data as permitted by federal law).

D. Unless otherwise limited by statute, the Office of Child Support Services shall be entitled to:

1. All criminal offender record information of the obligor which is necessary to locate the obligor or establish the obligor's ability to pay including, but not limited to, National Criminal Information Center (NCIC) records and Bureau of Criminal Identification (BCI) records maintained by the Department of the Attorney General; and

2. Quarterly contribution reports of the Department of Labor and Training.

E. Unless otherwise limited by federal statute, requested information that must be provided includes, but is not limited to, the obligor's:

1. Title to property;

2. Credit status; or

3. Professional affiliation.

F. Holders maintaining personal data are authorized to disclose to the Office of Child Support Services all personal data requested and such disclosure shall not violate provisions of R.I. Gen. Laws § 38-2-2.

1. No entity or individual who complies with such requests for information shall be liable in any civil or criminal proceeding brought by an obligor or a custodial parent on account of such compliance.

2. Failure by any individual or entity to provide information, without reasonable cause, within twenty (20) days of the receipt of the request from the Office of Child Support Services, is punishable by a one hundred dollar ($100) fine for each failure.

3. This fine may be assessed either by the Rhode Island Family Court or the Office of Child Support Services.

G. Any employee of the Office of Child Support Services that uses or discloses such information in any manner other than specified in R.I. Gen. Laws § 15-22-1 shall be guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000), or by imprisonment for not more than six (6) months or both.

1.12.2 Credit Bureau Inquiries

The Office of Child Support Services submits a monthly tape to the credit bureau for locating non-custodial parents. The credit bureau may provide information regarding the non-custodial parent residence and/or employment.

1.12.3 Division of Motor Vehicles

A. The Division of Motor Vehicles can provide a non-custodial parent's social security number, last reported address, and vehicle registration information. This information can be obtained either by using the non-custodial parent's social security number, or name and approximate date of birth.

B. Address information obtained from the DMV driver's license records is that which is provided by the non-custodial parent, and may not be current. Therefore, the agent will verify the information with a second source, such as a letter for location (Post Office), before taking the next action.

1.12.4 Department of Labor and Training

A. Office of Child Support Services and the Department of Labor and Training (DLT) conduct a tape exchange once a month to match non-custodial parents' social security numbers with DLT employment and wage information. An employer, under R.I. Gen. Laws § 15-24-5, who hires or rehires an employee on or after October 1, 1997, must report the hiring or rehiring to the National Directory of New Hires (NDNH) no later than fourteen (14) days after hire or rehire, or twice a month, if reporting electronically or magnetically. Once the Office of Child Support Services submits a non-custodial parent's social security number on the tape, the Office of Child Support Services agent may look at the DLT files via the state’s electronic eligibility system’s WAGE function.

B. Information obtained from the DLT is that which is reported to the Division of Taxation by employers throughout the State.

C. Employers must report wage information by two (2) monthly transmissions, not less than twelve (12) days or more than fifteen (15) days apart.

1.12.5 Requests for Information from Employers

A. The Child Support Services agent may request from any employer or any other source of income that s/he has reason to believe employs an obligor, or otherwise provides the obligor with regular periodic income, to provide information concerning the dates and amounts of income paid, the last known address, social security number, and available health care benefits. The Office of Child Support Services shall not inquire of an employer or other source of income concerning the same obligor more than once every three (3) months.

B. Employers or other sources of income to the obligor must respond to these requests truthfully and in writing. No employer or other source of income that complies with such requests shall be liable in any civil action or proceeding brought by the obligor on account of such compliance. Failure to comply with such a request, without good cause, within twenty (20) days of receipt of the request shall be punishable by a fine of twenty dollars ($20) for each violation. If it is demonstrated that the employer conspired with the employee to avoid reporting, a five hundred dollar ($500) civil penalty may be assessed by the Department.

C. Unauthorized disclosure of information caused by the Department by any employee or agent of the state, is punishable by a fine of one hundred dollars ($100) per offense and is subject to administrative discipline of the employee.

1.12.6 U.S. Postal Service

The agent will send a Letter for Location (Post Office) to verify a non-custodial parent's current or forwarding address.

1.12.7 Police or Criminal Records

The Child Support System electronically exchanges information with the Adult Correctional Institution (ACI), and the Bureau of Criminal Investigation (BCI).

1.12.8 Office of Vital Records

The Child Support System electronically exchanges information regarding birth certificates with the R.I. Office of Vital Records.

1.12.9 U.S. Armed Forces

A. The Child Support system electronically exchanges with the Department of Defense to locate members of the armed forces.

B. There is a legal procedure that must be followed to serve members of the armed forces and to secure a child support order.

1.12.10 Federal Parent Locator Service

A. The Federal Parent Locator Service is provided by the Office of Child Support Services (OCSS) for the purpose of locating non-custodial parents. The Federal Parent Locator Service provides information from the following:

1. Social Security Administration (SSA);

2. Internal Revenue Service (IRS);

3. Veteran's Administration (VA);

4. Department of Defense (DOD);

5. National Personnel Records Center (NPRC);

6. Selective Service System (SSS);

7. National New Hire Data base; and

8. Federal Registry.

B. Restrictions

Only the central State Parent Locator Service (SPLS) office, or other designated Office of Child Support Services, can accept requests to query the Federal Parent Locator Service. Requests may be received only from:

1. State or local agencies seeking to collect child and spousal support obligations under the State plan, or medical support obligations if an agreement is in effect;

2. A court that has authority to issue an order against a non-custodial parent for the support and maintenance of a child, or any agency of such court;

3. The resident parent, legal guardian, attorney, or agency of a child who is not receiving aid; or

4. Authorized persons as defined in Parental Kidnapping, if an agreement is in effect to use the FPLS in connection with parental kidnapping or child custody cases.

C. Requirements

1. All requests from the FPLS will include:

a. The non-custodial parent's name;

b. The non-custodial parent's social security number, if known (before submitting a request without a social security number, make every reasonable effort to obtain it);

c. Information regarding whether the non-custodial parent is, or has been, a member of the armed services (if known);

d. Information regarding whether the non-custodial parent is, or has ever, received any Federal compensation or benefits; and

e. Any other information prescribed by OCSS.

2. All requests to the Federal Parent Locator Service must be accompanied by a statement signed by the Director, which states that:

a. The request is being made solely to locate an individual for the purpose of establishing paternity, child support and medical support orders, and enforcing those orders, or parental kidnapping;

b. Any information obtained through Federal Parent Locator Service shall be treated as confidential as outlined in § 1.1 of this Part.

D. Submitting Requests

The state’s electronic eligibility system will automatically submit Federal Parent Locate Services (FPLS) requests every six months on cases for which the non-custodial parent's social security number is known and location has not been verified. To determine whether a case has been submitted to the FPLS the agent will review the case on the system. This will show the date the last query was submitted.

E. An agent may submit an FPLS request on an individual case before the end of six months.

1.12.11 State Parent Locator Service

A. The Office of Child Support Services central registry acts as Rhode Island's State Parent Locator Service. The central registry will:

1. Submit location requests to other states' Parent Location Services; and

2. Provide location services for other states.

1.12.12 Directories

The Child Support agent will make use of various directories such as the Verizon telephone directory.

1.12.13 Friends and Relatives

Friends and relatives of the non-custodial parent may be contacted, however, the agent must be sure and not disclose information regarding the specifics of the child support case.

1.12.14 Division of Taxation

The OCSS agency conducts an electronic match with the Division of Taxation to intercept State tax refunds which will provide a non-custodial parent's most recent filing address.

1.13.1 Legal Basis

A. The father of a child which is, or may be, born out of lawful wedlock is liable to the same extent as a father of a child born of a marriage for the reasonable expense of the mother's pregnancy and confinement, the education, necessary support and maintenance, medical and funeral expenses of the child, and reasonable counsel fees for the prosecution of paternity proceedings.

B. Pursuant to 42 U.S.C. § 654, a state plan for child and spousal support must provide that such state will undertake to establish the paternity of a child with respect to whom an assignment is effective, unless the state determines it is against the best interests of the child to do so. The Office of Child Support Services may bring such an action based on the automatic assignment or application for IV-D services. Any agreement of settlement with the putative father is binding only when approved by the court.

1.13.2 Paternity Time Frames

A. For all cases referred, or when a non-assistance (NA) application is filed and for which paternity has not yet been established, the Office of Child Support Services must proceed expeditiously to locate the alleged father when necessary, to file for paternity establishment, and obtain a support order or to dismiss all actions against the alleged father.

B. The processing of these cases must be done within the applicable time frames established by federal regulations. Generally, these time frames begin with either the referral of the case to Office of Child Support Services or upon the location of the alleged father.

1.13.3 Paternity Processing

A. Before proceeding with paternity case processing, the agency will review the case to determine:

1. Whether the necessary documentation is present, such as a birth certificate, marriage license, and/or divorce decree;

2. Sufficient information and documentation to support whether the child was born of a marriage or out of wedlock;

3. The husbands full name if the child was born of a marriage or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

4. Whether location is needed; or

5. Whether the case is a special situation that needs to be referred directly to the Office of Child Support Services Legal Unit after location.

1.13.4 Paternity Allegations

A. A mother applying for non-assistance (NA) services for a child born out of wedlock completes a NA Child Support Application.

B. These documents require her to name (allege) the father of the child for whom she is requesting benefits or services. The Child Support Services agent will investigate the custodial parent's allegation, and obtain the most accurate information with which to proceed. In investigating the allegation, the agent may find:

1. A single allegation of paternity, whereby the applicant or recipient alleges the possibility of only one man as being the child's father;

2. A multi-allegation of paternity, whereby the applicant or recipient alleges that she had sexual intercourse with more than one man around the time of conception. A multi-allegation may involve a combination of putative fathers and/or a presumed father.

3. A change in allegation, whereby the applicant or recipient alleges that a child's natural father is someone other than the man who was named previously;

4. An unknown putative father, whereby the applicant or recipient cannot make an allegation because (s)he does not know the identity of the father. A sworn statement must be provided indicating the father is unknown. These cases will not be referred to OCSS. Technically if the applicant cannot name the father, OCSS cannot accept the case.

C. In cases where the custodial parent alleges that she had sexual intercourse with more than one man around the time of conception, only one case at a time will be referred to OCSS. OCSS will establish paternity in that case. If there is a dismissal OCSS will so notify and the second alleged father will be referred for paternity establishment.

D. In cases where a legal presumption of paternity exists, the full name of the presumed father must be determined and referred for processing.

1.13.5 Presumptions of Legal Paternity

A. The agency will evaluate the information provided and obtained from the mother, or a previously established case record, and determine whether paternity needs to be established, and/or whether there is a presumed father. In cases where a multi-allegation or change in allegation includes a presumed father and a putative father, the agent work the case against the presumed father first before pursuing paternity against a putative father. A man is presumed to be a child's legal father if:

1. He and the child's natural mother are, or have been, married to each other and the child is born during the marriage, or within three hundred (300) days after the marriage is terminated by death, annulment, declaration of invalidity, or divorce, or after a decree of separation is entered by a court;

2. Before the child's birth, he and the child's natural mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is, or could be, declared invalid, and

a. If the attempted marriage could be declared invalid only by a court, the child is born during the attempted marriage, or within three hundred (300) days after its termination by death, annulment, declaration of invalidity, or divorce, or

b. If the attempted marriage is invalid without a court order, and the child is born within three hundred (300) days after the termination of cohabitation;

3. After the child's birth, he and the child's natural mother have married, or attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage could be declared invalid, and

a. He has acknowledged his paternity of the child in writing and filed with the clerk of the Family Court, or

b. With his consent, he is named as the child's father on the child's birth certificate, or,

c. He is obligated to support the child under a written voluntary promise, or by court order;

4. He acknowledges his paternity of the child in a writing filed with the clerk of the Family Court, who shall promptly inform the mother of the filing of the acknowledgment, and she does not dispute the acknowledgment within a reasonable time after being informed thereof, in a writing filed with the clerk of the Family Court. If another man is presumed under this section to be the child's father, acknowledgment may be effected only with the written consent of the presumed father, or after the presumption has been rebutted;

5. A genetic test result of 97% or higher creates a conclusive presumption of paternity when submitted as evidence in a paternity action;

6. A presumption under this section may be rebutted in an appropriate action only by clear and convincing evidence. If two (2) or more presumptions arise which conflict with each other, the presumption for which there is more convincing evidence will prevail.

1.13.6 Verifying Location

A. To initiate paternity establishment, a verified Rhode Island address at which the putative father can be served must be provided.

B. When the non-custodial parent's verified address is out of state, a long arm paternity action if appropriate (if the child was conceived in Rhode Island) will be filed.

1.13.7 Putative Father Receiving Benefits

Even if the putative father is receiving SSI, GPA, RIW or is incarcerated it will not prevent the agency from pursuing paternity establishment.

1.13.8 Complaint for Paternity and Support

A. The applicant/recipient will sign a Complaint for Paternity and Support, which contains the custodial parent's sworn allegation of paternity.

B. All information will be verified with the custodial parent and the custodial parent's signature will be obtained during the initial interview. If the custodial parent does not sign the complaint at initial interview, she will be served by the Constable for signature.

C. Once the custodial parent is served for signature, the agent will E-File the Complaint for Paternity and Support and obtain a Court date. The hearing date will be assigned by the Court.

1.13.9 Locating the Putative Father

The non-custodial parent's social security number is the single most important piece of information needed for location. With it the Child Support agent can query various location resources, and also be assured that the non-custodial parent will be included in tape matches used for location, establishment, and enforcement.

1.13.10 Serving the Putative Father

The putative father is served by Constable with a copy of the Complaint for Paternity and Support, the Summons and Subpoena, which are included in the Paternity Initial Referral. In this way, he is informed of the allegation and the manner in which to respond. The putative father is given twenty (20) calendar days from the date of successful service to respond, in writing, to the Family Court and the Office of Child Support Services. The putative father must also appear on the scheduled court date.

1.13.11 Putative Father's Response

A. The Putative Father is given twenty (20) days by law to respond to the Complaint for Paternity and Support. The putative father may respond by:

1. Admitting paternity;

2. Denying paternity; or

3. Failing to respond.

1.13.12 Post Hearing Activities

A. Putative Father Admits Paternity

After the hearing, a court order will be prepared either dismissing the matter or adjudicating the putative father as the legal father of the child. If adjudicated, the order will be sent to the Office of Vital records to amend the birth certificate of the child, adding the fathers name and information.

B. Putative Father Denies Paternity

When a putative father denies paternity, an Administrative Order for genetic testing will be issued, which will be mailed to the putative father or mailed to his attorney.

1.13.13 Genetic Tests

A. In a proceeding under R.I. Gen. Laws § 15-8-11, before trial, the court, upon application made by or on behalf of any party to said action, or on its own motion, shall order that the mother, child, alleged father, and any other party to the action submit to blood or tissue typing tests. The Office of Child Support Services may also administratively order the parties to attend DNA testing upon receipt of a denial. A court order is not required. These tests may include, but are not limited to, DNA tests of red cell antigens, red cell isoenzyme, human leukocyte antigens, serum proteins, and genetic testing, to determine whether the alleged father is likely to be, or is not, the father of the child.

B. If at the trial, in a proceeding under R.I. Gen. Laws § 15-8-11, it is shown that a party refused to submit to court ordered DNA tests, such refusal shall be considered by the court, along with all other evidence presented on the issue of paternity. A DNA test shall be made by a person the court determines is qualified as an examiner of DNA types.

C. The court shall fix or approve the compensation of any expert at a reasonable amount, and may direct the compensation to be paid by the state, or by any other party to the case, or by both, in the proportions and at the times the court prescribes, and that, after payment by a party, all or part or none of such payment shall be taxed as costs in the action. Before conducting DNA the court may order any part of or all of the compensation paid in advance.

D. The result of the DNA test, and if a determination of exclusion of paternity cannot be made, a calculation of the probability of paternity made by a person the court determines is qualified as an examiner of blood or tissue types based on the result of a blood or tissue typing test, shall be admissible in evidence in the trial of the case.

E. A written report of the test results, including a calculation of the probability of paternity or a determination of exclusion of paternity, prepared by the duly qualified expert conducting the test, or by a duly qualified expert under whose supervision or direction the test and analysis have been performed, certified by an affidavit duly subscribed and sworn to by him or her before a notary public, may be introduced into evidence without the need for foundation testimony or other proof of authenticity or accuracy and without the necessity of calling the expert as a witness, unless an objection challenging the test procedures or results has been filed within ten (10) days before any hearing at which such results may be introduced into evidence and a cash bond posted with registry of the family court in amount sufficient to cover the costs of the duly qualified expert to appear and testify.

F. If the results of the DNA tests duly admitted into evidence establish a ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father of the child, then such threshold probability shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the party to rebut such proof by clear and convincing evidence.

G. The Office of Child Support Services may also utilize its own contracted qualified expert DNA facility. When the Office of Child Support Services is involved in the case and paternity tests are required, the Office of Child Support Services will schedule the tests and pay the initial costs. If the defendant is adjudicated the father, the State will seek reimbursement.

H. Pursuant to R.I. Gen. Laws § 15-8-11, if the results establish a 97% or greater probability of paternity, it shall constitute a conclusive presumption.

I. Scheduling DNA Test

1. DNA testing will be scheduled for both parties and the child at the Office of Child Support Services, 77 Dorrance Street, Providence. The parties will be scheduled at different times.

2. If one or both parties does not appear, the DNA test may be rescheduled. After the appointment has been rescheduled twice and the custodial parent fails to keep the appointment, a non-cooperation code will be placed on the case, which may affect benefits received.

J. Request for Admissions

1. DNA test results are returned to the Office of Child Support Services. When the test shows a high probability of paternity, the Office of Child Support Services may:

a. Provide those results for the assigned Court date; or

b. Send the results to the putative father (by certified mail), or his attorney (by regular mail) along with a Request for Admissions.

2. The non-custodial parent has ten (10) days to respond in writing to the Request for Admissions. If the non-custodial parent objects to the Request for Admissions, a Motion to Compel Answers may be filed, setting the matter for hearing. The court then orders the putative father to respond to the request by either admitting or denying paternity.

3. If the putative father admits or fails to respond within ten (10) days, the Request for Admissions is deemed true and accurate and a Motion for Summary Judgment (contested) is filed.

4. If the putative father denies a specific Request for Admissions and admit the remainder, the agency may file an amended version of the Motion for Summary Judgment.

5. A Motion for Bond is filed in conjunction with the Motion for Summary Judgment. The purpose of the Motion for Bond is to ensure that if the court does not grant the State's Motion for Summary Judgment, support payments will be held in escrow until an order is entered. If the non-custodial parent is later excluded, the support payments will be returned to the non-custodial parent.

6. The non-custodial parent's presence is required at the hearing, either on the scheduled hearing date or at the Motion for Summary Judgment hearing date, even if an attorney is representing him:

a. If the non-custodial parent appears and does not object to the Motion for Summary Judgment, he is adjudicated to be the father of the minor child, his name is added to the child's birth certificate, and a support order is entered. The escrow payments, if previously ordered, are released and an order for medical coverage is obtained;

b. If the non-custodial parent fails to appear, and is not being represented by an attorney the court may grant the Motion for Summary Judgment, finding the putative father to be the father of the minor child;

c. If the putative father appears and objects to the Motion for Summary Judgment, the court may:

(1) Grant the Motion for Summary Judgment and order the aforementioned relief;

(2) Deny the Motion for Summary Judgment and order a second genetic or DNA testing, and/or grant the State's Motion for Bond;

(3) Deny the State's Motion for Summary Judgment and order the discovery process to continue in preparation for trial.

1.13.14 Discovery

A. Discovery is the tool used for information gathering in preparation for a paternity trial. The rules of discovery are found in 20 U.S.C. Title V. Disclosure and Discovery, Rule 26 through Rule 37 and the Family Court Rules of Domestic Relations Procedure. Among the discovery documents utilized in a contested paternity case are the following:

1. Depositions (Rules 26 - 32). Any party may, upon order of the court, take the testimony of any person including a party, upon oral examination or written interrogatories, for the purpose of discovery or for use as evidence in the action or for both purposes. Limitations and the scope of the examination are governed by Rules 26 - 32.

2. Interrogatories (Rule 33). Interrogatories, or written questions, may be served upon an adverse party without permission of the court, if sent after 20 days of service of the defendant. The answers must be made fully in writing under oath, and be signed by the person making said answers, within 40 days after service. The scope and limitation of the interrogatories are governed by Rule 33.

3. Request for Production of Documents (Rule 34). Any party may serve on the other party a request in writing to produce, and permit the party making the request to inspect and copy documents or tangible things which are in the possession, custody, or control of the party upon whom the request is served, or permit entry upon land or other property in the possession or control of the party upon whom the request is made. The procedures, scope and limitation of the Request for Production are contained in Rule 34.

4. Request for Admissions (Rule 36). A party may serve upon any other party a written request for the admission of the genuineness of any relevant documents or of the truth of any relevant matters of fact set forth in the request.

5. Each of the matters of which an admission is requested shall be deemed admitted unless, within 10 days after service, the party either:

a. Denies, specifically, the matters requested; or

b. Sets forth in detail the reasons why he cannot truthfully admit or deny those matters; or

c. Objects and requests a hearing on said objection.

6. Rule 36 sets forth the effect of admissions as well as the procedure;

7. Motion to Compel Answers on Request for Sanctions (Rule 37). If the adverse party refuses to answer discovery, the party must file a Motion to Compel said answers and request a hearing. Rule 37 sets forth the procedures and consequences for failure to respond.

B. These techniques are used by both the custodial parent's and putative father's attorneys. Sanctions are ordered for the prevailing party when the opposing party fails to respond.

1.13.15 DNA Test Reveals Putative Father Excluded

A. When the DNA test excludes the putative father, the agency will proceed with a Motion to dismiss provided the putative father has been properly identified.

B. When the custodial parent cannot identify the putative father during DNA testing or during a subsequent appointment viewing the lab photo, a Motion to Dismiss will be filed.

1.13.16 Putative Father Fails to Respond

A. No Response

When a putative father fails to respond to the Complaint for Paternity and Support (the 20-day summons), and fails to appear on the scheduled hearing date, a Paternity: Default judgment may be entered.

B. Establish Paternity without Cooperation

1. The agency may proceed with attempts to establish paternity when the applicant or recipient fails to cooperate without good cause.

2. Whether paternity can be established depends on the Office of Child Support Services being able to obtain sufficient information regarding the putative father without the cooperation of the mother, and whether the putative father admits paternity.

3. The agency may also proceed with attempts to establish paternity in situations where it is determined that good cause exists for the applicant or recipient refusing to cooperate with Office of Child Support Services. In these cases, the agency must make a determination that this activity can proceed without risk of harm to the child or caretaker relative if the enforcement activity does not involve their participation. This determination must be in writing, will contain the agency's findings and basis for determination, and will be entered into the RIW case record. If the IV-A agency excuses non-cooperation, but determines that the IV-D agency may proceed to establish paternity, it will notify the applicant or recipient to enable such individual to withdraw his or her application for assistance or have the RIW case closed. Prior to making this determination, Office of Child Support Services will be afforded an opportunity to review and comment on the findings and basis for the proposed determination.

1.13.17 Special Paternity Issues

A. Not all paternity cases will involve the child's mother as the custodial parent. There will be cases where the child is living with a relative (Loco Parentis cases) or with the putative father. In these cases paternity can still be established, however, procedures will differ from the cases previously discussed.

B. Loco Parentis Cases

In Loco Parentis cases, the applicant or recipient will make an assignment regarding both the putative father and the child's mother. However, (s)he cannot make the formal allegation of paternity. The Complaint for Paternity and Support can only be signed by a child's mother. Therefore, the mother must be located before pursuing paternity against the putative father. The procedures followed will depend on the information obtained, and how cooperative the child's mother and the putative father are. The case record must indicate whether the child was born of a marriage or out of wedlock.

C. Putative Father Seeks Paternity Establishment

The Office of Child Support Services will establish paternity upon the request of a putative father. A putative father does not have to have custody of the child nor receive assistance for such services to be provided. However, the case must be a case where the custodial parent is receiving services.

D. Custodial Father Seeks Establishment

1. The Office of Child Support Services will seek to establish paternity when a putative father is the custodial parent and applies for RIW, MA, or NA services.

2. If the Mother and Father appear for the appointment, the agency will:

a. Determine if there is an existing case, i.e., if the mother was previously on RIW and named the custodial parent as the putative father; provide the Rights and Responsibilities statement to them, either explain the statement or have them watch the Power of Two video before completing and signing the Voluntary Affidavit of Paternity.

b. Obtain the putative father's and mother’s signature on the affidavit.

c. Notify the RIW agency of the completed action via electronic mail. Provide a copy of the completed and executed Voluntary Affidavit of Paternity to the putative father and also forward a copy to the eligibility technician in the appropriate public assistance office. This will enable the putative custodial father to obtain RIW immediately.

d. File the Voluntary Affidavit of Paternity with the Office of Vital Records.

e. If the putative father appears for the appointment alone, a Petition for Voluntary Acknowledgement will be generated and his signature obtained the location of the mother will be ascertained and the petition will be e-filed and served with a Summons to Appear in court.

3. At the hearing:

a. The putative father will acknowledge paternity on the record. If the natural mother is present and does not object, the court will adjudicate him to be the father of the child and order that his name be added to the birth certificate. An order will be prepared and mailed or hand delivered at court to both parties.

b. The Office of Vital Records will be ordered to add the father's name to the child's birth certificate. The court may order the Office of Vital Records to change the child's surname to that of the father as well.

c. If at the hearing, the natural mother and presumed father fail to appear after being duly served, the court may pass the matter.

d. If on the hearing date, the Office of Child Support Services Attorney indicates that after due and diligent efforts, service could not be perfected either on the natural mother or presumed father, the court shall order alternative service of notice, i.e., notice by publication, if applicable. A continuance date will be requested affording sufficient time for notice of the acknowledgment to be given to the natural mother. On the continuance date, the Office of Child Support Services Attorney will present to the court what efforts have been made to serve the respondent, and present copies of the notice by publication. The petitioner will acknowledge paternity on the record. The court will then adjudicate the petitioner the father of the child and order that the birth certificate be amended accordingly. A copy of the order will be mailed to the natural mother.

e. At the hearing on the Petition for Voluntary Acknowledgment, if the natural mother objects, DNA testing may be ordered. The case may then proceed as previously outlined in a contested posture.

f. Subsequent to the hearing, a copy of the order will be prepared and provided to the RIW agency.

g. If the petitioner fails to appear, the proceedings will be terminated and notice will be given to the IV-A eligibility technician of petitioner's failure to cooperate.

E. Non-Custodial Father Seeks Establishment

When a non-custodial putative father requests voluntary paternity establishment, the same procedure as outlined above will be followed. However, if the natural mother is receiving RIW or seeks support as a NA custodial parent, the non-custodial custodial parent will be asked to enter his appearance as a self-represented litigant, and an order for support and medical coverage will be entered.

F. If the non-custodial parent is seeking to establish paternity by DNA testing, he may ask the agent to serve him as a Defendant or he may file an action as a Plaintiff with the Family Court Clerk. If the custodial parent has named him as the biological father, the agent may serve him as a Defendant. If not, he may file as a Plaintiff with the court.

1.13.18 Voluntary Acknowledgment

A. Court Practice

1. In any action commenced before the RI Family Court, utilizing the forms created by Family Court for this purpose, the father may acknowledge his paternity of the child with the clerk of the Family Court. Each acknowledgment must be signed by the person filing it, and it must contain:

a. The name, social security number, date of birth and address of the person filing the acknowledgment;

b. The name and last-known address of the mother of the child;

c. The date of birth of the child, or, if the child is unborn, the month and year in which the child is expected to be born; and

d. The name and address of the presumed father, if any.

2. The judge shall hold an informal hearing on the acknowledgment and shall enter an order establishing the paternity of the child and an order of support for the child, provided there are no objections from the natural mother or presumed father filed with the family court prior to the date of the informal hearing, and provided further that a copy of the acknowledgment and a notice of the informal hearing are duly served upon the mother and any presumed father according to the Family Court Rules of Domestic Relations Procedure.

3. The voluntary acknowledgment of paternity shall be recognized by the RI Family Court as a basis for establishing a child support order for the child without requiring any further proceedings to establish paternity.

B. Hospital Program

1. Under R.I. Gen. Laws § 40-6-21.1, all public and private birthing hospitals in this State are required to participate in a hospital based paternity acknowledgment program. The title "birthing hospital" means a hospital that has a licensed obstetric care unit or is licensed to provide obstetric services, or a licensed birthing center associated with a hospital. A birthing center is a facility outside a hospital that provides maternity services. This hospital based program must provide to both the mother and the alleged father, if he is present in the hospital:

a. Written and oral materials about paternity establishment, including written descriptions of the rights and responsibilities of acknowledging paternity;

b. A Voluntary Affidavit of Paternity signed by both parties;

c. The opportunity to speak with staff, either by telephone or in person, who are trained to clarify information and answer questions about paternity establishment; and

d. The opportunity to view the Power of Two video, which explains in detail the rights and responsibilities of acknowledging paternity.

2. This hospital based program must also ensure that due process safeguards are met. The birthing hospital will be responsible for electronically forwarding completed acknowledgements or copies to the R.I. Department of Health, Office of Vital Records. Both parents must sign the Voluntary Affidavit of Paternity and the signatures notarized or witnessed.

3. Voluntary acknowledgments made through a voluntary acknowledgement program are a basis for seeking a support order without requiring any further proceedings to establish paternity. This process may also be done at the Office of Child Support Services and at the Office of Vital Records.

4. The OCSS will provide supplies and manuals to the birthing hospital and the Office of Vital Records on an ongoing basis.

5. The requirement for participation in the programs by hospitals is in addition to the birth registration requirements under R.I. Gen. Laws Chapter 23-3.

A. Recovery from the Father

The father's liabilities for past education, and necessary support and maintenance, are limited to a period of six (6) years next preceding the commencement of an action hereunder.

B. Recovery from Father's Estate

The obligation of the estate of the father for liabilities under the R.I. Gen. Laws §§ 15-8-1 through 15-8-26, are limited to those amounts accrued prior to his death. However, in order to hold the estate of the father liable under R.I. Gen. Laws §§ 15-8-1 and 15-8-26, an action hereunder must have been commenced during the lifetime of the father.

C. Statute of Limitations

An action to determine the existence of the father and child relationship as to a child who has no presumed father under the R.I. Gen. Laws § 15-8-6, is not barred until four (4) years after the child reaches the age of majority.

A. The Family Court has jurisdiction of an action commenced under R.I. Gen. Laws § 15-8-11, and all remedies for the enforcement of orders for the expense of pregnancy and confinement of the mother, and for education, necessary support and maintenance, or funeral expenses for legitimate children shall apply. The court has continuing jurisdiction to modify or revoke an order and to increase or decrease amounts fixed by order for future education and necessary support and maintenance. All remedies under the Uniform Intergovernmental Family Support Act, and amendments thereto, are available for enforcement of duties of support and maintenance under R.I. Gen. Laws Chapter 15-23.1.

B. A person who has had sexual intercourse in this State thereby submits to the jurisdiction of the courts of this State as to any action brought under R.I. Gen. Laws Chapter 15-8 with respect to a child who may have been conceived by that act of intercourse.

C. Jurisdiction shall be acquired by service made in accordance with R.I. Gen. Laws § 9-5-33, as amended.

1.15.1 Jurisdiction of R.I. Courts

A. Every foreign corporation, every individual not a resident of this state or his executor or administrator, and every partnership or association, composed of any person or persons, not such residents, that shall have the necessary minimum contacts with the state of Rhode Island, shall be subject to the jurisdiction of the state of Rhode Island, and the courts of this state shall hold such foreign corporations and such nonresident individuals or their executors or administrators, and such partnerships or associations amenable to suit in Rhode Island in every case not contrary to the provisions of the constitution or laws of the United States.

B. Service of process may be made on any such foreign corporation, nonresident individual or his executor or administrator, and such partnership or association within or without the state in the manner provided by any applicable procedural rule or in the manner prescribed by order of the court in which such action is brought.

C. Nothing herein shall limit or affect the right to serve process upon such nonresident individual or his executor or administrator, or such partnership or association, or a foreign corporation within this state or without this state in any manner now or hereafter permitted by law.

1.15.2 Clear and Convincing Evidence

A. In any action to establish paternity under R.I. Gen. Laws Chapter 15-8, other than an action brought pursuant to R.I. Gen. Laws §§ 15-8-2 or 15-8-3, the standard that must be met by the plaintiff shall be that of clear and convincing evidence.

B. If the results of the DNA tests duly admitted into evidence establish a ninety-seven percent (97%) or greater probability of inclusion that a party is the biological father of the child, then such threshold probability shall constitute a prima facie case of establishment of paternity and the burden of proof shall shift to the party to rebut such proof by clear and convincing evidence.

C. Trial by Court

A trial shall be heard by the court.

D. Venue

The action may be brought in the county in which the child or the alleged father resides or is found, or if the father is deceased, in which proceedings for probate of his estate have been or could be commenced.

E. Time of Trial

If a paternity action is initiated before a child's birth, the trial must not, without the consent of the putative father, be held until after the birth or miscarriage.

1.15.3 Evidence Relating to Paternity

A. Evidence used in a paternity hearing may include:

1. Evidence of sexual intercourse between the mother and putative father at any possible time of conception. The standard that must be met by the plaintiff must be that of clear and convincing evidence.

2. An expert's opinion concerning the statistical probability of the putative father's paternity based upon the duration of the mother's pregnancy.

3. Medical or anthropological evidence relating to the putative father's paternity of the child based on tests performed by experts.

4. All other evidence relevant to the issue of paternity of the child.

1.15.4 Civil Action

A. A paternity action is a civil action governed by the rules of civil procedure. The mother of the child and the alleged father are competent to testify and may be compelled to testify.

B. Upon refusal of any witness, including a party, to testify under oath or produce evidence, the court may order him to testify under oath and produce evidence concerning all relevant facts.

C. If the refusal is upon the ground that this, his testimony or evidence, might tend to incriminate him, the court may grant him immunity from all criminal liability on account of the testimony or evidence he is required to produce. An order granting immunity bars prosecution of the witness for any offenses shown in whole or in part by testimony or evidence that he is required to produce, except for perjury committed in his testimony. The refusal of a witness, who has been granted immunity, to obey an order to testify or produce evidence is a civil contempt of court.