§ 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 §â€‚15-9-3 or the department of human services pursuant to §â€‚15-13-2, or another state child support agency pursuant to §â€‚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) 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.