Chapter 455
2006 -- H 7587
Enacted 07/07/06
A N A C T
RELATING
TO DOMESTIC RELATIONS -- UNIFORM INTERSTATE FAMILY SUPPORT ACT
Introduced
By: Representative Robert A. Watson
Date
Introduced: February 16, 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Support Act" are hereby repealed.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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LC01304
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