218 R.I. Code R. 218-RICR-30-00-1.3

Current through December 3, 2024

Section 218-RICR-30-00-1.3 - Custodial Parent Responsibilities

1.3.1Direct Support

A. Direct support payment means an assigned support payment from a noncustodial 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 Rhode Island court.

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

Department of Human Services

Office of Child Support Services

Business Office Recovery Unit

77 Dorrance Street Providence,

RI 02903

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 (SSN); 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 (1) of the parents of the noncustodial 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 the OCSS and shall include, but not be limited to, the following: a review of databases available to the 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. Spouse's Name Unknown

If the child's birth certificate provides spouse's name as unknown, and parent is married at the time of the birth, the applicant must provide spouse's full name. If an applicant believes that providing the name of her spouse 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

1. 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:

a. In cases in which parentage 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.

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

c. 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.

d. 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.

e. 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.

f. Signed releases for the 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.

g. 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

h. 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 (1) person at the time of application or redetermination of eligibility for public assistance or upon request of the 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 noncustodial 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 noncustodial 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 parentage 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 the OCSS to obtain pertinent information from third (3^rd) 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 the OCSS from proceeding in an action to establish parentage, or to establish, modify, or enforce a child support or medical order, the 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 the 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, the OCSS shall not refer a case to DHS for 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. The 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, the OCSS shall promptly notify DHS and provide notice to the applicant or recipient.

1.3.3Non-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 the OCSS shall determine that the applicant or recipient has failed to make a good faith effort to cooperate. The 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 this to the applicant or recipient. If subsequent to the issuance of the notice of noncooperation, the applicant or recipient begins cooperating, the 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 the 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 the 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 parentage 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 DHS Notice of Requirement to Cooperate and the Right to Claim Good Cause for Refusal to Cooperate in Child Support Enforcement (AP-35).

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

1.3.5Domestic Violence and Child Support

A. There are two (2) 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 (1^st) 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 (2^nd) 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. 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;

7. Neglect or deprivation of medical care; or

8. Stalking or cyberstalking.

218 R.I. Code R. 218-RICR-30-00-1.3

Amended effective 3/29/2019
Amended effective 1/1/2021