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entitled "Uniform Interstate Family Support Act" are hereby repealed.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.
=======
LC01306
=======