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Rhode Island Department of Children, Youth and Families
Department Operating Procedure
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Page 1 of 4
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Revision History:
October 8, 1984 V.1
July 1, 2004 V.2
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Title:
Child Support Enforcement for Children in DCYF Care
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Related Forms:
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I. PURPOSE
When a parent is unable to provide for the emotional and physical needs of his/her child, it is the responsibility of the Department to offer necessary assistance and guidance to ensure that the child’s physical and emotional needs are met, to secure permanency and stability in the life of the child and to make reasonable efforts to preserve the integrity of the family unit.
The Department is obligated pursuant to Rhode Island General Laws (RIGL) 42-72-13 and 42-72-14, within available appropriations, to pay for the support and maintenance of any child in placement in any one of the Department’s institutions or facilities whether public or private or under a purchase of services agreement. Rhode Island and Federal law acknowledge and reinforce the role and responsibility of the parent as the primary source of support for a child. Parental responsibility is not eliminated by the voluntary or involuntary placement of a child outside his/her home and family. RIGL §15-9-1 provides that whenever the Department pays for the support of a child in the care of the Department, the parents of the child are responsible for contributing to the cost of the child’s care. The failure or refusal of a parent to comply with a Family Court order for child support pursuant to this policy does not result in a denial of services to the child.
Section 471 (a) (17) of the Federal Social Security Act requires the Department to make a referral for child support enforcement, to the Office of Child Support Services (OCSS), located within the RI Department of Human Services. The Department is afforded some flexibility in determining which cases are appropriate for referral. The Federal Benefits Unit determines if a case is appropriate to refer to the title IV-D agency on an individual basis.
The OCSS, in accordance with the provisions of RIGL. §15-9-3 represents the Department in any Family Court proceedings relating to child support enforcement. The responsibilities of the respective Departments and the Rhode Island Family Court are outlined in an Interagency Cooperative Agreement executed by and between the Family Court, the Department of Human Services, and the Department of Children, Youth and Families.
One or both parents, owing a duty of support, are ordered by the Family Court to pay an amount based upon a formula and guidelines adopted by administrative order of the Family Court. The formula and guidelines have been established in compliance with Federal law [42 USC. 667] and regulation [45 CFR 302.56], which provide that each state must establish guidelines for child support award amounts within the state. The intent is to maintain family responsibility and commitment to the child by using guidelines that are fair and equitable, and which will not result in family impoverishment or conflict with the goal of the reunification of the family. Once established, the obligation remains in effect until such time as the child leaves the Department paid placement or until a change in circumstance warrants an adjustment in the application of the guidelines.
II. TERMS DEFINED
Office of Child Support Services (OCSS) – Title IV-D agency responsible for enforcing the payment of child support by eligible parents or guardians.
III. PROCEDURE
A. The Office of Child Support Services (OCSS) represents the Department in Family Court proceedings relating to child support enforcement.
B. Informing the Parent(s) of their Child Support Obligation
1. When a child is considered for voluntary out of home placement, at the point of initial contact, the primary service worker and/or supervisor informs the family of this Child Support policy.
2. When a child is involuntarily removed from the home, within thirty days of such removal and placement, the primary service worker or supervisor informs the parent of this policy.
3. When a child is placed outside of the home, voluntarily or involuntarily, the primary service worker and/or supervisor provides the parent(s) with a Child Support Disclosure Packet which includes a copy of this procedure, a copy of RIGL 15-9-1 and a copy of the RI Family Court Child Support Formula and Guidelines.
C. The Department makes a referral to the OCSS to seek child support when a child has been in the Department’s care and is in an out-of-home, placement for more than 30 days and has not attained the age of 18.
D. The following cases are automatically exempted from being referred to the OCSS:
1. The parent has a mental or physical disability and is receiving Supplemental Security Income (SSI) benefits as determined by:
a. Receipt of a disability payment.
b. Disability Determination by the RI Department of Human Services.
c. Disability Determination by the Social Security Administration or Veterans Administration (worker must obtain from parent(s) a copy of the disability award letter and provide to the Federal Benefits Unit).
2. Cases that have opened to the Department due to domestic violence between the parents of the child in care.
E. The primary service worker and supervisor may determine that a case is not appropriate to refer to the OCSS in consideration of the best interests of the child. Worker and supervisor may pursue an exemption in the following limited situations:
1. The parent is receiving an adoption subsidy payment for a child through an Adoption Subsidy Agreement with the Department where it can reasonably be determined that the child has come into the care of the Department as a direct result of a pre-adoptive condition and the adoptive parent agrees to accept a decreased adoption subsidy payment while the child remains in placement.
2. The parent is working toward reunification with the child consistent with the case plan, and there is a substantial likelihood that reunification will occur within 60 days, and the referral will impede the parent's ability to reunify with the child.
F. If the primary service worker and supervisor decide to pursue an exemption for the family:
1. The DCYF Form #055, Child Support Enforcement Exemption Request, is completed by the primary service worker and approved by the supervisor, regional director or administrator.
2. The exemption form is sent to the Federal Benefits Unit within 30 days of the child’s placement in order to prevent a referral to the OCSS.
3. If it is determined at any time after a child support enforcement referral to the OCSS that the circumstances of the case warrant an exemption, the exemption form is forwarded to the Federal Benefits Unit. Federal Benefits Unit staff notifies OCSS to terminate the child support case.
G. Referral to Federal Benefits Unit
1. For new or existing cases, the primary service worker must forward via email to the Federal Benefits Unit:
a. The CSE Referral Information tool copied into a RICHIST CAN with the marital status and/or divorce status of the parents for each child within the family unit with the following information:
i. if the parents were married at the time of birth;
ii. the date of the marriage;
iii. the State and County of marriage or civil union;
iv. if not married was the child born within 300 days of termination of the marriage by death or divorce;
v. whether the parents are still married;
vi. the date of divorce/separation/annulment of marriage, if applicable; and
vii. State of last shared address.
2. Copy of birth certificate if out of state or out of the country;
a. If the father’s name is listed on the birth certificate, there is no legal issue of paternity, and the OCSS proceeds to establish support, provided the documents are available and/or information provided to determine if the child was born during the marriage.
b. If there is no father’s name listed on the birth certificate, the primary service worker requests that the mother of the child complete the Affidavit of Paternity, and a paternity complaint is filed.
c. If the mother names more than one putative father and there is no husband, the primary service worker determines which of the two cases to proceed with first and electronically refers only that case, provided the documents are available and/or information provided to determine if the child was born during the marriage.
H. Federal Benefits Unit staff process the request for a birth certificate for a child in out of home placement in accordance with DCYF Policy 700.0225, Request for Birth, Death and Marriage Certificates.
I. Referral to the OCSS
1. Thirty days after the placement has been entered into RICHIST, the Federal Benefits Unit receives a dashboard report electronically that identifies cases to be referred to the OCSS.
2. Federal Benefits Unit staff submit an electronic referral to the OCSS to seek child support by completing the non-custodial parent screen (NCP) in the RI Bridges system.
3. Federal Benefits staff scans the referral packet to the OCSS via RI Bridges. The referral packet includes:
a. Cover Sheet detailing the child and parent being referred;
b. Non-Custodial Parent Screen (NCP);
c. Placement Affidavit notarized;
d. Affidavit of Paternity notarized (if applicable);
i. Results of DNA testing determining paternity can be submitted in lieu of the Paternity Affidavit
e. Copy of the birth certificate; and
f. A copy of the RICHIST CAN with the marital status and/or divorce status of the parents for each child within the family unit with the information detailed in Section G.1.a.(i.-iv.).
4. If the OCSS does not receive all appropriate documentation and or information, the case is not processed and is returned to the Federal Benefits Unit.
J. Redetermination and Termination of Child Support
1. Cases that have not been referred to the OCSS are reviewed annually by the Federal Benefits Unit staff. If the circumstances of the family meet referral criteria, the case is then referred to the OCSS.
2. Child support obligations remain in effect until the child leaves the Department funded placement or until a change in circumstance warrants an adjustment in the application of the guidelines.
3. The parent’s responsibility to provide financial support is not automatically terminated upon the voluntary or involuntary termination of parental rights. In cases in which there is a pre-existing order for child support, the Department makes a recommendation to the Family Court at the time of the termination of parental rights to continue or to terminate the child support order.