Section 218-RICR-30-00-1.24 - Hearing and Post Hearing ActivitiesAfter the hearing, the Office of Child Support Services staff will enter the order on the State's electronic system, generate a copy for mailing for each party, respective attorneys, intergovernmental agency if appropriate, and for filing with the Court.
1.24.1Body AttachmentsA. Issued The Family Court Judge/Magistrate may issue a warrant for a body attachment when a non-custodial parent/alleged parent or custodial parent fails to appear in court. The warrant instructs the Sheriff or Constable to apprehend the individual for the purpose of bringing him/her to court.B. Executed 1. When a body attachment is executed (defendant is apprehended by the Sheriff), the individual is either taken: a. Directly to court, if it is in session; or b. To the ACI until the next session of court;2. The Family Court will execute the body attachment and may address the underlying motion pending before the court on that date or schedule the matter for a hearing.C. Withdrawn When the individual appears on his/her own, the Judge/Magistrate will withdraw the order.1.24.2Constable ServiceThe Office of Child Support Services enters into service contracts with Constables who are independent contractors for the purpose of process service.
B. All Constables must: 1. Be licensed by the Chief Judge of the Rhode Island District Court and by the Chief Judge of the Family Court as required by law;2. Have a bond for District Court and Family Court with sufficient sureties in the sum of five thousand dollars ($5,000.00) for the faithful performance of the duties of his/her office;3. Comply with any and all administrative requirements set by either the District Court or Family Court; and4. Comply with any and all Rules and procedures established by OCSS.1.24.3Notice and Hearing ProceduresA. Notice 1. The Office of Child Support Services shall provide a monthly notice either (computer generated) or an electronic notice to RIW recipients and non-assistance (NA) recipients for whom a child support obligation has been established, and for whom a child support collection has been made.2. The monthly notice shall specify at a minimum the amount of support paid, the date such payment was made, the date such payment was received by the Office of Child Support Services or the Rhode Island Family Court, the date and amount of pass through and/or child support paid to the RIW custodial parent, and an explanation of the recipient's rights to a hearing, which must be requested within thirty (30) days of the date of the notice. When a pass through payment is not sent to a recipient in a particular month, the monthly notice will include an explanation as to why it was not made. A hearing request form is enclosed with the monthly notice.B. Hearing Request The following constitute the Office of Child Support Services hearing procedures:
1. The recipient of the monthly notice will mail the request form to the Office of Child Support Services Business office, 77 Dorrance Street, Providence, RI 02903. The form will be date stamped and logged in a central location by the Business Office. The Business Agent shall research the records to determine all pass through payments made for the months the recipient was on RIW, if applicable. The agent shall refer the hearing request form packet to the EOHHS Legal Unit for scheduling of a hearing, indicating in their log the date the matter was so referred;2. EOHHS staff will date stamp the packet, log the case in a central log, and schedule the matter for hearing. A notice shall be mailed to the custodial parent advising her/him of the hearing date. Notice of scheduled hearings shall be given to OCSS;3. The business officer or other Office of Child Support Services representative will be present and will be available to answer the custodial parent's relevant questions relating to the information provided to the custodial parent in the monthly notice. The custodial parent will then have an opportunity to present when s/he believed s/he should have received a child support payment and/or pass through in a given month. The business officer or other Office of Child Support Services representative will then be given an opportunity to respond by presenting testimony and/or evidence with respect to the child support and/or pass through payments and periods contested by the custodial parent;4. The hearing officer may, in his or her discretion, grant a continuance to any party for good cause, including, but not limited to, a party's reasonable request to obtain, review, and present additional relevant evidence. The custodial parent will be advised s/he will receive a written decision by mail within thirty (30) days following the close of the hearing;5. A decision letter will be prepared by the EOHHS hearing officer. The original will be sent to the custodial parent, with copies to her or his representative, master file, hearing file, and business office;6. Any person who has exhausted all available administrative remedies, and who is aggrieved by a final order of the agency, is entitled to judicial review pursuant to R.I. Gen. Laws § 42-35-15. If a custodial parent appeals the decision of the hearing officer to the Superior Court, the hearing officer will be responsible to obtain a transcript of the hearing, assemble the evidence (exhibits), and forward the material to the Chief Legal Counsel, Office of Child Support Services.C. Kenyon Notice and Hearing Procedures The Department of Human Services, as a result of Federal Court Civil Action, No. 89-0553P, Kenyon et al v. Sullivan, has been ordered to provide special notices to recipients. The Court required that all members of the Kenyon class (all individuals who received AFDC and for whom the State was collecting child support from 1984 forward) be notified by mail and publication of their right to an accounting and hearing. Accordingly, the DHS Rhode Island Child Support Services Agency has implemented the normal procedures for requesting an appeal with the OHHS Legal Office.
218 R.I. Code R. 218-RICR-30-00-1.24
Amended effective 3/29/2019
Amended effective 1/1/2021