reglab/statecodes huggingface dataset:
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 7 - Social Services (218-RICR-20-00-7) › Section 218-RICR-20-00-7.3 - Characteristics of Individuals to be Served

Current through June 14, 2024
A. Services are
				  available in every community in the State of Rhode Island. All persons in the
				  State may apply for social services. There is no requirement related to
				  duration of residence.
B.
				  Definitions
1. "Child" means a person under
				  the age of eighteen (18)
2. "Adult"
				  means as a person eighteen (18) years of age and older
3. "Family" means two or more people who are
				  related by blood, marriage, guardianship, adoption, foster care, or kinship
				  caretaking.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 7 - Social Services (218-RICR-20-00-7) › Section 218-RICR-20-00-7.4 - Eligibility Criteria

Current through June 14, 2024
A. Although an
				  individual or family may be eligible for most Block Grant Social Services, this
				  does not mean that entitlement for a specific service exists. Additional
				  eligibility requirements may be prescribed by the governing contracts and/or
				  DHS Policy.
1. For example, transportation is
				  only provided for the elderly or individuals with disabilities, and
				  documentation of the disability is required.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 7 - Social Services (218-RICR-20-00-7) › Section 218-RICR-20-00-7.5 - Types of Activities to be Supported

Current through June 14, 2024
A.
				  Services are provided within the RI Department of Human Services and through
				  Service Agreements and Contracts negotiated with other State entities and a
				  number of community agencies and organizations for the provision of specific
				  services per the SSBG Uniform Definition of Services listed in the table in
				  §7.2.1 of this Part, Program Services Related to Federal Goals.
B. Services may be delivered by public or
				  private agencies and may have a statewide scope or a narrower geographic
				  focus.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.1 - Authority and Purpose

Current through June 14, 2024
A. Passage of the
				  Fiscal Year 2024 Rhode Island State Budget authorized a pilot program allowing
				  the Department of Human Services (DHS) to provide funding for child care for
				  eligible child care educators and child care staff with family income up to
				  three hundred percent (300%) of the Federal Poverty Level (FPL), who work in a
				  licensed child care center, licensed family child care home, or a licensed
				  group family child care home.
B.
				  R.I. Gen. Laws §
										42-12-23 designates the DHS as the
				  principal agency of the State responsible for the planning and coordination of
				  State involvement in the area of child care, including responsibility for State
				  programs subsidizing child care services provided to families receiving
				  benefits from the Rhode Island Works Program (RI Works) and low to moderate
				  income eligible working families. Funding for this Pilot program is authorized
				  from August 1, 2023 through July 31, 2024.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.2 - Definitions

Current through June 14, 2024
A. For the purposes of these Rules and
				  Regulations, the following terms shall have the following meanings:
1. "Approved child care provider" means an
				  individual or program that:
a. Has met the
				  requirements established by the DHS Services to participate in the Child Care
				  Assistance Program (CCAP); and
b.
				  Entered into a signed and valid agreement with the DHS specifying the terms and
				  conditions for enrolling eligible children and receiving payment for the CCAP
				  allowable child care expenses.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.3 - General Criteria for Eligibility

Current through June 14, 2024
A. For the purposes
				  of this pilot, separate and apart from eligibility guidelines in the Child Care
				  Assistance Rules and Regulations, the following must apply:
1. Child(ren) receiving the CCAP services
a. Shall be over six (6) weeks old and below
				  the age of thirteen (13) years;
b.
				  Must live in the home of the parent requesting the CCAP services;
c. Must be a resident of the State of Rhode
				  Island; and
d.  Shall be either a
				  citizen of the United States or a qualified immigrant as defined in the Child
				  Care Assistance Program Rules and Regulations, Subchapter 00 Part 4 of this
				  Chapter.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.4 - Applying for Child Care Assistance for Child Care Educators and Staff Pilot

Current through June 14, 2024
13.4.1
Application
A. The application
				  for the CCAP for Child Care Educators and Staff pilot consists of the required
				  application which is separate and apart from other DHS programs, verification
				  of certain eligibility criteria, and the need for services. Families seeking
				  eligibility for the CCAP shall apply to the DHS in accordance with the
				  following:
1. Point of Application
a. Families interested in the CCAP for Child
				  Care Educators and Staff pilot may apply online or may obtain a printable
				  application on the DHS website at
https://dhs.ri.gov/programs-and-services/child-care/child-care-assistance-program-ccap-head-start
.
				  Completed printed applications can be mailed to or dropped off at Office of
				  Child Care, 25 Howard Ave, Building 57 Cranston RI 02920.
b. Applications will be accepted through July
				  31, 2024.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.5 - Authorization and Enrollment

Current through June 14, 2024
13.5.1
Authorization
A. Families found
				  eligible for the CCAP for Child Care Educators and Staff pilot will be
				  authorized to receive benefits from the date a complete application is received
				  for a period of twelve (12) months.
1. At the
				  end of the pilot period, July 31, 2024 no applications will be accepted for
				  this program.
2. Families will be
				  responsible for their own child care expenses at the end of their twelve (12)
				  month certification period.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.6 - Enrollment for CCAP for Child Care Educators and Staff Pilot Authorized Services

Current through June 14, 2024
A. Enrollment and
				  attendance records for this pilot will not be processed through the CCAP
				  Provider Portal.
1. Providers shall submit
				  attendance records for children eligible for the CCAP for Child Care Educators
				  and Staff pilot through an online system separate and apart from the CCAP
				  Provider Portal as designated by DHS.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 20 - Individual and Family Support Programs › Subchapter 00 - N/A › Part 13 - Child Care Assistance Program for Child Care Educators and Child Care Staff Rules and Regulations › Section 218-RICR-20-00-13.7 - CCAP for Child Care Educators and Staff Pilot Payment to Approved Child Care Providers

Current through June 14, 2024
A. Payment under
				  the pilot program will be made directly to the Approved Child Care Provider who
				  is providing care to the eligible child.
B. The CCAP absence policy as described in
				  the Child Care Assistance Program Rules and Regulations, Subchapter 00 Part 4
				  of this Chapter, applies to the CCAP for Child Care Educators and Staff
				  pilot.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.1 - Child Support Program Overview

Current through June 14, 2024
1.1.1
Program
				  Administration
A. Authority
1. The Child Support Enforcement program is
				  administered by the Federal government and the State of Rhode Island. Federal
				  stewardship of the Title IV-D Program is vested in the Office of Child Support
				  Enforcement (OCSE), an agency within the U.S. Department of Health and Human
				  Services (HHS) Administration for Children and Families.
2. In Rhode Island, the Child Support program
				  is managed by the Department of Human Services, Office of Child Support
				  Services (OCSS). The revenue collection functions of the Division of Taxation
				  were transferred to the Department of Human Services on July 1, 2005. Any
				  reference to the Department of Administration, Division of Taxation, the Rhode
				  Island Child Support Services agency, and Bureau of Family Support in reference
				  to Child Support services in this and other DHS manuals shall be construed to
				  refer to the Department of Human Services, Office of Child Support Services
				  except as may be required by context.
3. The following Child Support Enforcement
				  services are provided:
a. Intake for both
				  public assistance and non-public assistance cases;
b. Location of the non-custodial
				  parent;
c. Establishment of
				  parentage;
d. Establishment of an
				  order for child and medical support;
e. Enforcement of the order;
f. Review and modification of the order; and
g. Collection and
				  disbursement.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.2 - Types of Child Support Cases

Current through June 14, 2024
1.2.1
Rhode
				  Island Works (RIW) Child Support Cases
A. Title IV, Part A of the Social Security
				  Act provides funding to States to pay cash assistance benefits to needy
				  families with children. This program, known as Temporary Assistance to Needy
				  Families, is commonly referred to as TANF. Rhode Island's TANF program is
				  called the Rhode Island Works, or RIW. For every child for whom RIW (Title
				  IV-A) benefits are paid because of a parent's absence from the home, the State
				  must establish a child support case and pursue collection of support, unless a
				  claim of good cause for non-cooperation is substantiated (see § 1.3.6 of
				  this Part). These cases include those in which the parents were never married,
				  or were married but are now separated or divorced, and cases where the
				  child(ren) is/are living with a non-parent caretaker relative who is receiving
				  RIW in the child's behalf.
B.
				  Assignment of Rights
1. Both Federal and
				  Rhode Island laws require the custodial RIW parent to assign to the State any
				  rights to support from any other person in behalf of the custodial parent or in
				  behalf of any other member of the RIW family unit. In Rhode Island, this
				  assignment of support operates by virtue of State law, and also by virtue of a
				  signed RIW application which includes assignment of rights provisions, whenever
				  RIW public assistance benefits are furnished.
2. As a condition of eligibility for
				  assistance under Federal Title IV-A of the Act, a member of the family must
				  assign to the State any rights a family member may have (on behalf of the
				  family member or of any other person for whom the family member has applied for
				  or is receiving such assistance) to support from any other person, not
				  exceeding the total amount of assistance paid to the family which accrue (or
				  have accrued) before the family leaves the program.
a. Prior to October 1, 1998, the applicant
				  assigns to the State all rights to support which will accrue prior to the
				  family leaving RIW assistance.
b.
				  On or after October 1, 1998, the applicant assigns to the State all rights to
				  support which will accrue while the family is receiving assistance, until the
				  family leaves assistance, up to the amount of unreimbursed
				  assistance.
c. The cumulative
				  amount of assigned arrearages in former assistance cases may not exceed the
				  cumulative amount of unreimbursed assistance paid to the family under all
				  assignments.
d. A State may not
				  require, as a condition of providing assistance to any family, that a member of
				  the family assign to the State any rights to support which will accrue after
				  the date the family leaves the RIW Program.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.3 - Custodial Parent Responsibilities

Current through June 14, 2024
1.3.1
Direct
				  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
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.4 - Non-Assistance Case Processing

Current through June 14, 2024
1.4.1
Mandatory Fees
A. Services are
				  free for custodial parents whose RIW cases were closed after October 1985. For
				  all others, including custodial parents whose RIW cases were closed before
				  October 1985, the application fee is twenty dollars ($20.00).
B. Effective October 1, 2006, pursuant to
				  Pub. Law 109-171, the Deficit Reduction Act of 2005, in all never assistance
				  cases, where the State has collected five hundred dollars ($500.00) in child
				  support annually, the State will remit the Federal share of the twenty-five
				  dollar ($25.00) fee annually to the Federal Office of Child Support Enforcement
				  as program income.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.5 - Foster Care Case Processing

Current through June 14, 2024
1.5.1
Foster
				  Care Agency Responsibilities
Where appropriate, the Foster Care agency will take all
					 steps including cooperative efforts to secure an assignment to the State of any
					 rights to child support and medical support on behalf of each child receiving
					 foster care maintenance payments.
1.5.2
Office of Child Support Services
				  (OCSS) Agency Responsibilities
A. The
				  OCSS will provide the same child support services for children receiving IV-D
				  Foster Care benefits as in any other Child Support Enforcement case, provided
				  the Department of Children, Youth & Families (DCYF) provides a complete and
				  accurate referral.
B. Upon receipt
				  of a complete referral from the DCYF with all required documents, application
				  and affidavits, the OCSS agency establishes a child support case. The OCSS
				  agency will, based on an assessment of the case, determine necessary action,
				  solicit necessary and relevant information from the custodial parent and other
				  relevant sources, and initiate verification of information when
				  appropriate.
C. When there is
				  inadequate location information with which to proceed, the OCSS will request
				  additional information or pursue further location attempts where
				  appropriate.
D. The OCSS agency
				  will:
1. Locate the parent;
2. Establish parentage if
				  necessary;
3. Establish orders for
				  support and medical support;
4.
				  Suspend orders when the child is no longer in DCYF care; and
5. Enforce orders when requested by
				  DCYF.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.6 - Medicaid Case Processing

Current through June 14, 2024
1.6.1
Medicaid
				  Agency Responsibilities
A. The Medicaid
				  agency is responsible for forwarding all cases where the custodial parent is
				  receiving Rite Care, Medicaid or RIte Share to the OCSS for case processing.
				  The OCSS is not responsible for any cases until an appropriate and complete
				  referral is provided.
B. The
				  Medicaid agency must notify the OCSS when the following occurs:
1. A non-custodial parent changes
				  insurance;
2. A non-custodial
				  parent drops insurance; and/or
3. A
				  custodial parent stops receiving Medicaid.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.7 - Cooperative Agreements

Current through June 14, 2024
Per Federal requirements, the Office of Child Support
					 Services enters into cooperative agreements with the Rhode Island Family Court,
					 the Department of Children, Youth and Families (DCYF), the Department of
					 Corrections, and the Department of Labor and Training (DLT), among other
					 entities and as required. These are written agreements, which specifically
					 outline each party's responsibilities and the financial arrangements agreed
					 upon.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.8 - Emancipation

Current through June 14, 2024
A. Pursuant to Rhode Island law, a child is
				  emancipated upon his or her eighteenth (18th)
				  birthday. The court may, if in its discretion it deems it necessary or
				  advisable, order child support and education costs for children attending high
				  school at the time of their eighteenth (18th)
				  birthday and for ninety (90) days after graduation, but in no case beyond their
				  nineteenth (19th) birthday. If the child has a
				  mental or physical disability, which occurred before emancipation, the order
				  may continue. However, a non-custodial parent is obligated to continue paying
				  current child support until s/he has obtained an order terminating that
				  obligation. Therefore, the OCSS will continue to enforce an order until such
				  time as the order has been terminated and arrears have been suspended. The
				  non-custodial parent may request assistance from OCSS to suspend an order based
				  upon emancipation.
B. Internally
				  the eligibility system will stop the order at the youngest child's eighteenth
				  (18th) birthday. This does not affect the legality
				  of the order.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.9 - Case Assessment and Prioritization

Current through June 14, 2024
The Office of Child Support Services has implemented a case
					 assessment and prioritization system to manage its caseload. This system
					 includes all cases and ensures that no service required to be provided under
					 the State Plan has been systematically excluded.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.10 - Case Closures

Current through June 14, 2024
1.10.1
Federal
				  Regulation (Public Welfare,  45 C.F.R. §
												303.11)
A. In order to be eligible for closure, a
				  case must meet at least one (1) of the closing criteria described. Once the
				  case becomes eligible for closure, the State's electronic computer system
				  automatically schedules the case to close sixty (60) days in the future and
				  generates the closure letter to send to the custodial parent.
An agent can also schedule a case for closure by entering a
					 closure date sixty (60) days in the future. The eligibility system will
					 automatically send the closure letter and close the case in sixty (60) days via
					 the monthly case closure process. A case will not be closed if:
1. The custodial parent supplies information
				  in response to the notice which could lead to the establishment of parentage,
				  an order for support, or enforcement of an order; or
2. Contact is reestablished with a custodial
				  parent whose whereabouts were unknown.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.11 - Non-Custodial Parent Location

Current through June 14, 2024
1.11.1
Location Standards
A. A non-custodial
				  parent will be considered "located" when information regarding his/her physical
				  whereabouts, or place(s) of employment, or other sources of income or assets
				  have been verified, and the information is sufficient to allow the Office of
				  Child Support Services to take the next appropriate action.
B. Within no more than seventy-five (75)
				  calendar days of determining that location is necessary, the Office of Child
				  Support Services will access all appropriate location sources, including
				  transmitting appropriate cases to the Federal Parent Locator Service (FPLS) and
				  ensuring that location information is sufficient to take the next appropriate
				  action in a case.
C. Appropriate
				  location sources include but are not limited to:
1. Credit Bureau;
2. The Federal Parent Locator Service
				  (FPLS);
3. Intergovernmental
				  location networks;
4. Relatives and
				  friends of the non-custodial parent;
5. Current or past employers;
6. The local telephone company;
7. The U.S. Postal Service;
8. Unions and fraternal
				  organizations;
9. Police, parole,
				  and probation records, if appropriate;
10. State agencies and departments as
				  authorized by State law, including those departments which maintain records of:
a. Public assistance;
b. Wages, employment, and unemployment
				  insurance;
c. Income
				  taxation;
d. Driver's licenses,
				  vehicle registration; and e. Criminal records.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.12 - Access to Information

Current through June 14, 2024
1.12.1
Non-Custodial Parent Social Security Number (R.I. Gen. Laws §
											15-22-1)
The Office of Child Support Services is authorized by R.I.
					 Gen. Laws §
											15-22-1 to have access to and to request information from
					 various individuals and entities only for the purpose of and to the extent
					 necessary for the administration of the Child Support Enforcement
					 Program.
1.12.2
Credit Bureau Inquiries
The Office of Child Support Services submits a monthly tape
					 to the credit bureau for locating non-custodial parents. The credit bureau may
					 provide information regarding the non-custodial parent residence and/or
					 employment.
1.12.3
Division of Motor Vehicles
A. The
				  Division of Motor Vehicles can provide a non-custodial parent's Social Security
				  Number, last reported address, and vehicle registration information. This
				  information can be obtained either by using the non-custodial parent's Social
				  Security Number, or name and approximate date of birth.
B. Address information obtained from the DMV
				  driver's license records is that which is provided by the non-custodial parent,
				  and may not be current. Therefore, the agent will verify the information with a
				  second (2nd) source, such as a letter for location
				  (Post Office), before taking the next action.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.13 - Genetic Parentage

Current through June 14, 2024
R.I. Gen. Laws Chapter 15-8.1, Article 6 of the Uniform
					 Parentage Act, effective January 1, 2021, sets forth the requirements to
					 establish genetic parentage.
1.13.1
Legal Basis
A. The parent of a
				  child which is, or may be, born out of lawful wedlock is liable to the same
				  extent as a parent of a child born of a marriage.
B. Pursuant to  42 U.S.C. §
												654, a State
				  Plan for child and spousal support must provide that such State will undertake
				  to establish the paternity of a child with respect to whom an assignment is
				  effective, unless the State determines it is against the best interests of the
				  child to do so. The Office of Child Support Services may bring such an action
				  based on the automatic assignment or application for IV-D services.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.14 - Limitation on Recovery

Current through June 14, 2024
Limitations on recovery shall be administered in accordance
					 with R.I. Gen. Laws §§
										15-8.1-101 through
					 15.8.1-1004.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.15 - Jurisdiction and Remedies

Current through June 14, 2024
1.15.1
Jurisdiction of Rhode Island Courts
A. Every foreign corporation, every
				  individual not a resident of this State or his executor or administrator, and
				  every partnership or association, composed of any person or persons, not such
				  residents, that shall have the necessary minimum contacts with the State of
				  Rhode Island, shall be subject to the jurisdiction of the State of Rhode
				  Island, and the courts of this State shall hold such foreign corporations and
				  such nonresident individuals or their executors or administrators, and such
				  partnerships or associations amenable to suit in Rhode Island in every case not
				  contrary to the provisions of the constitution or laws of the United
				  States.
B. Service of process may
				  be made on any such foreign corporation, nonresident individual or his executor
				  or administrator, and such partnership or association within or without the
				  State in the manner provided by any applicable procedural Rule or in the manner
				  prescribed by order of the court in which such action is brought.
C. Nothing herein shall limit or affect the
				  right to serve process upon such nonresident individual or his executor or
				  administrator, or such partnership or association, or a foreign corporation
				  within this State or without this State in any manner now or hereafter
				  permitted by law.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.16 - Voluntary Acknowledgment of Parentage Program

Current through June 14, 2024
A. The
				  Office of Child Support Services, in conjunction with the Department of Health,
				  Office of Vital Records, has a Voluntary Acknowledgment Program in the birthing
				  hospitals in Rhode Island. Medical Records staff has been trained to answer
				  questions and complete the Voluntary Affidavit of Parentage form. Pamphlets are
				  distributed with answers to commonly asked questions by the parents. A Notice
				  of Rights and Responsibilities is also provided to the parents. Anyone may sign
				  the Voluntary Acknowledgment of Parentage form whether the parents are same
				  gender or not and whether the parents are married or not. By signing the
				  affidavit, the parent is acknowledging s/he is the parent of that child and
				  responsible to financially support that child until the child is emancipated.
				  The parent has sixty (60) days to rescind the acknowledgment by filing a Motion
				  to Rescind in Rhode Island Family Court or addressing the issue within the
				  context of a Family Court hearing involving the parties, whichever is earlier.
				  Upon the expiration of the sixty (60) day period following the Voluntary
				  Acknowledgment of Parentage, it is presumed that s/he is the parent of the
				  child. The parent's name will be added to the child's birth certificate along
				  with other identifying information. At that time, the child's last name can be
				  chosen.
B. If the parents do not
				  complete the Voluntary Acknowledgment of Parentage at the hospital, they can
				  make an appointment at the Office of Vital Records or at the Office of Child
				  Support Services to view the videotape, read the pamphlets, review the Rights
				  and Responsibilities Statement and sign the Voluntary Acknowledgment of
				  Parentage. The child's last name cannot be changed unless the Court orders the
				  Rhode Island Department of Health, Office of Vital Records to amend the birth
				  certificate. In the alternative, the parties may file a Petition to Voluntarily
				  Acknowledge with the Rhode Island Family Court.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.17 - Support Order Establishment

Current through June 14, 2024
1.17.1
Payment of Support to Custodial Agency
The Department for Children Youth and Families will
					 determine which cases are appropriate for referral to the OCSS. The policy for
					 such determination has been published and is available in the Department for
					 Children Youth and Families Policy Manual.
1.17.2
Name Children Receiving Public
				  Assistance
The party commencing an action seeking a divorce from the
					 bond of marriage or divorce from bed and board or an order pursuant to R.I.
					 Gen. Laws §
											15-5-9, shall at the time the proceeding is begun append to
					 the petition a statement containing the names of all children of the marriage
					 and their ages and stating whether any such children are at that time
					 recipients of, or applicants for, public assistance.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.18 - Child Support

Current through June 14, 2024
The Office of Child Support Services pursues any support
					 award in accordance with the provisions of R.I. Gen. Laws §§
										15-9-1 and  15-5-16.2.
1.18.1
Reconsideration of Support Orders
A. Every order heretofore or hereafter
				  entered by the Rhode Island Family Court providing for support of a child who
				  at the time of entry of the order was not a recipient of, or applicant for,
				  public assistance shall, in the event the child becomes the recipient of public
				  assistance, be reconsidered " de novo " upon the petition of a parent or
				  guardian of the child or the Department of Human Services.
B. Upon the filing of such petition, the
				  court shall hold a hearing for the purpose of determining the amount of support
				  to which the child is entitled from the appropriate parent. In fixing the
				  amount of support the court shall take into account the factors set forth in
				  R.I. Gen. Laws §
											15-5-16.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.19 - Wage Withholding

Current through June 14, 2024
A. Immediate
				  withholding is required for all cases whether or not the cases are IV-D cases,
				  with new or modified orders on the effective date of the order unless one (1)
				  of the parties demonstrates, and the court or other administrative process
				  finds good cause not to require the withholding, or a written agreement is
				  reached between both parties which provides for an alternative
				  arrangement.
B. Electronic Income
				  Withholding (EIWO) allows an employer to register on the Federal portal in
				  order to receive income withholding orders electronically rather than by mail.
				  If an employer registers for one (1) State that constitutes an acquiescence to
				  participate for all States.
1.19.1
Option to Elect Direct Deposits/Kids Card
A. A custodial parent who will be receiving
				  child support payments through the State Disbursement Unit (SDU), must choose
				  to receive these payments via direct deposit into his or her checking or
				  savings account, or automatic deposit to an electronic debit card (electronic
				  transfer of funds to an ATM card) called a "Kids Card."
B. With Direct Deposit, the payment will be
				  electronically deposited directly into a custodial parent's designated checking
				  or savings account. To receive direct deposit, the custodial parent must
				  provide their checking or savings account information on the election form so
				  that the designated bank can establish the process.
C. The custodial parent must make a direct
				  deposit election or the payments will be remitted to the Kids Card.
1. For non-public assistance cases, the
				  custodial parent must make a payment election on the forms provided with the
				  application packet.
2. For public
				  assistance cases, the custodial parent must make a payment election within ten
				  (10) business days of issuance of the welcome letter.
D. Pursuant to Federal Regulations, the
				  Office of Child Support Services must remit payment to the custodial parent
				  within two (2) business days of receipt of payment barring any legal
				  requirements to hold said payments. The two (2) day requirement will be met
				  using the Kids Card unless direct deposit has already been established.
				  However, at any time thereafter, the custodial parent may complete a direct
				  deposit form.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.20 - Enforcement Standards

Current through June 14, 2024
A. The Office of
				  Child Support Services will electronically monitor all IV-D cases for
				  compliance with child support obligations. Parents must comply with all Child
				  Support orders and Medical Support orders. The Office of Child Support Services
				  will take all appropriate enforcement actions to enforce the requirements of
				  the orders. Noncompliance may result in, but not be limited to:
1. Administrative Income
				  Withholding;
2. Administrative lien
				  and levy on bank accounts;
3.
				  Administrative offset;
4. Contempt
				  proceedings;
5. Federal and State
				  income tax refund intercepts;
6.
				  Credit Bureau Reporting;
7.
				  Referral to the Rhode Island Attorney General's Office (see felony penalties
				  below);
8. New Hire
				  Reporting;
9. Insurance intercept;
				  and/or
10. Passport
				  denial.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.21 - Intergovernmental Child Support Cases (45 C.F.R. Part 307)

Current through June 14, 2024
A. Defined
An intergovernmental child support case is, in general, one
					 in which the noncustodial parent and custodial parent do not live in the same
					 State or foreign country.
B.
				  Categories
1. There are two (2) broad
				  categories of intergovernmental cases for OCSS:
a. Initiating State
(1) When Rhode Island acts as the initiating
				  State, it is generally because the custodial parent resides in Rhode Island and
				  the non-custodial parent resides outside Rhode Island. However, the OCSS may
				  also initiate a petition on behalf of a non-custodial parent when a
				  modification is requested, and the custodial parent resides in another
				  State.
(2) The petition is prepared
				  in Rhode Island and is forwarded to another State or foreign country for
				  processing.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.22 - Modification of Child Support Orders

Current through June 14, 2024
1.22.1. Introduction
A. Under Federal Regulations and State
				  statutes, the Office of Child Support Services is required to provide for the
				  review and modification/adjustment of child support orders being enforced under
				  Title IV-D of the Social Security Act.
B. These reviews will be conducted as a
				  result of an appropriate request from any party subject to a child support
				  order in the State.
C. Although
				  requests for reviews will be evaluated by the Office of Child Support Services
				  staff, only the Rhode Island Family Court is authorized make a decision to
				  actually modify or adjust an order. The Office of Child Support Service's
				  decision whether or not to refer a request for a review of a Rhode Island order
				  to the Rhode Island Family Court will be made in accordance with the criteria
				  specified in § 1.22.2 of this Part.
D. The same criteria will be applied in
				  reviewing requests for reviews in intergovernmental cases.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.23 - Child Support Financial Management

Current through June 14, 2024
1.23.1
Legal Basis
A. Whenever an individual
				  assigns his/her support rights to the State, that assignment constitutes an
				  obligation owed to Rhode Island by the individual responsible for providing
				  such support.
B. Such an obligation
				  is collectible under all applicable State and local processes. Likewise,
				  whenever the Department of Children, Youth and Families (DCYF) or such other
				  department, agency, society, institution or person having the charge, care or
				  custody of a child must pay for the support and maintenance of a child, the
				  parents of the child are liable for the support and maintenance of the child
				  and are liable for the reimbursement to the DCYF or other department, agency,
				  society, institution or person having the charge, care, or custody of a child
				  for the support and maintenance of the child. It is within the discretion of
				  DCYF, in accordance with their policy and Regulations, to determine which cases
				  to refer.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.24 - Hearing and Post Hearing Activities

Current through June 14, 2024
After 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.
1.24.1
Body Attachments
A. 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.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 30 - Rhode Island Office of Child Support Services › Subchapter 00 - N/A › Part 1 - Child Support Program Rules and Regulations › Section 218-RICR-30-00-1.25 - Legal Representation

Current through June 14, 2024
A. In any legal
				  proceeding, legal counsel for the Child Support agency shall represent the
				  Office of Child Support Services or, when acting on behalf of the Department of
				  Children, Youth and Families, Department of Human Services, or other State
				  agency, shall represent the interests of those entities. The attorneys do not
				  represent the interest of any individual person (R.I. Gen. Laws Chapter
				  15-30).
B. There is no
				  attorney-client relationship between legal counsel and either party. The
				  Department shall provide specified services to both the custodial and
				  noncustodial parents. Either party may retain representation by a private
				  counsel. Each party applying for services shall be given a notice regarding
				  legal representation.
C. For those
				  existing cases where a prior attorney-custodial parent relationship was
				  established, appropriate notice as described above and a waiver regarding legal
				  representation shall be mailed. No further services will be rendered until the
				  waiver is returned. Legal counsel shall either withdraw as counsel, or, upon
				  receipt of a signed waiver, continue to provide services only. However, in no
				  event will legal representation continue.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Long Term Care Ombudsperson Program (218-RICR-40-00-1) › Section 218-RICR-40-00-1.1 - Introduction

Current through June 14, 2024
A. These Rules and Regulations Governing the
				  Long Term Care Ombudsperson Program are promulgated pursuant to the authority
				  conferred under R.I. Gen. Laws §
										42-66.7-12,
				  as amended, for the purpose of adopting prevailing standards for the
				  implementation and enforcement of the long term ombudsperson program including,
				  but not limited to, the procedures for the receipt, investigation and
				  resolution, through administrative action, of complaints filed by residents of
				  long term care facilities, individuals acting on their behalf or any individual
				  organization or government agency that has reason to believe that a long term
				  care facility, organization or government agency (which government agency is
				  responsible for the regulation, inspection, visitation, or supervision of
				  facilities or which provides services to residents of facilities) has engaged
				  in activities, practices or omissions that constitute a violation of applicable
				  statutes or regulations or that may have an adverse effect upon the health,
				  safety, welfare, rights or the quality of life of residents of long term care
				  facilities.
B. Pursuant to the
				  provisions of the Administrative Procedures Act, the following were given
				  consideration in promulgating these regulations:
1. alternative approaches to the regulations;
				  and
2. duplication or overlap with
				  other state regulations.
3. Based
				  upon available information, no alternative approach, duplication, or overlap
				  was identified.
4. These
				  regulations are adopted in the best interest of the health, welfare, and safety
				  of Rhode Island's seniors.
Rhode Island Code of Regulations › Title 218 - Department of Human Services › Chapter 40 - Division of Elderly Affairs › Subchapter 00 - N/A › Part 1 - Rules and Regulations Governing the Long Term Care Ombudsperson Program (218-RICR-40-00-1) › Section 218-RICR-40-00-1.4 - Powers and Duties of the Long Term Care Ombudsperson

Current through June 14, 2024
1.4.1
Powers
A. The ombudsperson shall, personally or
				  through employees of the Office:
1. Identify,
				  investigate, and resolve complaints that
a.
				  are made by, or on behalf of, residents; and
b. relate to action, inaction, or decisions
				  by
(1) providers, or representatives of
				  providers, of long term care services,
(2) public agencies, or
(3) health and social service agencies that
				  may adversely affect the health, safety, welfare, or rights of the residents
				  (including the welfare and rights of the residents with respect to the
				  appointment and activities of guardians and representative payees and health
				  care and financial powers of attorney);