Chapter 372

2006 -- S 2423

Enacted 07/07/06

A N A C T

RELATING TO DOMESTIC RELATIONS -- UNIFORM INTERSTATE FAMILY SUPPORT ACT

Introduced By: Senator Kevin A. Breene

Date Introduced: February 09, 2006

It is enacted by the General Assembly as follows:

     SECTION 1. Sections 15-23.1-906 and 15-23.1-908 of the General Laws in Chapter 15-

23.1 entitled "Uniform Interstate Family Support Act" are hereby repealed.

15-23.1-906. Legal counsel. -- (a) Whether acting on its own behalf or on behalf of the

obligee, obligor, or child, the department of administration, division of taxation, child support

enforcement, and its attorneys served the public interest in ensuring that children are supported by

their parents. The department does not represent the interests of any individual person, and its

attorneys represent only the department. An attorney client relationship is not created between

department attorneys and any person or entity other than the department of administration,

division of taxation, child support enforcement, or when acting on behalf of the department of

children, youth and families pursuant to section 15-9-3 or the department of human services

pursuant to section 15-13-2, or another state child support agency pursuant to section 15-23.1-1 et

seq. The obligee, obligor, and child may obtain the services offered by the department but will

not be legally represented by the attorneys for the department. Nothing in this section shall

preclude any party from retaining the services of a private attorney to legally represent their

interests. The existence or appearance of a private attorney as counsel of record for the obligee,

obligor, or child does not affect the department's right to act or provide services. The department

is not required to provide a private attorney nor reimburse either the obligee, obligor, guardian or

child for the services of private counsel.

(b) The department has the power of attorney to act in the name of any obligee to

endorse and cash any drafts, checks, money orders, or other negotiable instruments received by

the department on behalf of a child.

(c) (1) If the department is providing IV-D services, the department must be afforded

notice and an opportunity to participate as a independent party in any proceeding, relating to

paternity, to establishment, enforcement or modification of a support or medical obligation,

whether initiated by the obligee, the obligor, or the child.

(2) The notice must reasonably inform the department of the issues to be determined in

the proceeding, the names of the parties and the child, and the identity and location of the tribunal

in which the issues will be determined. The notice is for informational purposes only and is not

intended as a substitute for procedures necessary under the Rhode Island Rules of Civil Procedure

to establish personal jurisdiction over the parties and department. If the department is not given

notice, an agreement, judgment, decree, or order is void as to any interest of the department that

is or may be affected by the agreement, judgment, decree, or order.

15-23.1-908. Department of administration, division of taxation, child support

enforcement -- Powers and duties. -- (a) The department may take action to establish paternity,

establish, enforce and modify child support orders under the provisions of appropriate sections

under title 15 and in accordance with IV-D of the Social Security Act, 42 U.S.C. section 651 et

seq., and other appropriate state and federal statutes if the department:

(1) Receives a referral on behalf of a child receiving benefits from the family

independence program;

(2) Receives a referral on behalf of a child in the care of the department of children,

youth and families pursuant to section 15-9-1;

(3) Receives an interstate referral under the provisions of the Uniform Interstate Family

Support Act;

(4) Receives an application for services from a custodial parent, noncustodial parent,

guardian of a child, or from the child.

(b) All applicants shall receive a rights and responsibilities statement and a disclosure of

representation statement, and shall sign an acknowledgment of nonrepresentation prior to services

being rendered. The notice shall inform the individual of his or her right to retain private counsel

and of any free legal services that are available.

     SECTION 2. Title 15 of the General Laws entitled "DOMESTIC RELATIONS" is

hereby amended by adding thereto the following chapter:

CHAPTER 30

LEGAL REPRESENTATION IN CHILD SUPPORT CASES

15-30-1. Legal Counsel. – (a) Whether acting on its own behalf or on behalf of the

obligee, obligor, or child, the department of human services, office of child support services, and

its attorneys serve the public interest in ensuring that children are supported by their parents. The

department does not represent the interests of any individual person, and its attorneys represent

only the department. An attorney-client relationship is not created between department attorneys

and any person or entity other than the department of human services, office of child support

services, or when acting on behalf of the department of children, youth and families pursuant to

section 15-9-3 or the department of human services pursuant to section 15-13-2, or another state

child support agency pursuant to section 15-23.1-1 et seq. The obligee, obligor, and child may

obtain the services offered by the department but will not be legally represented by the attorneys

for the department. Nothing herein shall preclude any party from retaining the services of a

private attorney to legally represent their interests. The existence or appearance of a private

attorney as counsel of record for the obligee, obligor, or child does not affect the department's

right to act or provide services.

The department is not required to provide a private attorney nor reimburse either the

obligee, obligor, guardian or child for the services of private counsel.

(b) The department has the power of attorney to act in the name of any obligee to endorse

and cash any drafts, checks, money orders, or other negotiable instruments received by the

department on behalf of a child.

(c)(1) If the department is providing IV-D services, the department must be afforded

notice and an opportunity to participate as an independent party in any proceeding, relating to

paternity, to establishment, enforcement or modification of a support or medical obligation,

whether initiated by the obligee, the obligor, or the child.

(d) The notice must reasonably inform the department of the issues to be determined in

the proceeding, the names of the parties and the child, and the identity and location of the tribunal

in which the issues will be determined. The notice is for informational purposes only and is not

intended as a substitute for procedures necessary under the Rhode Island rules of civil procedure

to establish personal jurisdiction over the parties and department. If the department is not given

notice, an agreement, judgment, decree, or order is void as to any interest of the department that

is or may be affected by the agreement, judgment, decree, or order.

15-30-2. Department of Human Services -- Office of child support services -- Powers

and duties. – (a) The department may take action to establish paternity, establish, enforce and

modify child support orders under the provisions of appropriate sections under title 15 and in

accordance with title IV-D of the Social Security Act and other appropriate state and federal

statutes if the department:

(1) receives a referral on behalf of a child receiving benefits from the Family

Independence Program;

(2) receives a referral on behalf of a child in the care of the department of children, youth

and families pursuant to section 15-9-1;

(3) receives an interstate referral under the provisions of the Uniform Interstate Family

Support Act; and

(4) receives an application for services from a custodial parent, noncustodial parent,

guardian of a child, or from the child. Provided, however, that all applicants shall receive a rights

and responsibilities statement, a disclosure of representation statement and sign an

acknowledgement of nonrepresentation prior to services being rendered. The notice shall inform

the individual of his or her right to retain private counsel and of any free legal services that are

available.

     SECTION 3. This act shall take effect upon passage.

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LC01306

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