§ 15-30-1 - Legal counsel.
SECTION 15-30-1
§ 15-30-1 Legal counsel. – (a) Whether acting on its own behalf or on behalf of the obligee, obligor, orchild, the department of human services, office of child support services, andits attorneys serve the public interest in ensuring that children are supportedby their parents. The department does not represent the interests of anyindividual person, and its attorneys represent only the department. Anattorney-client relationship is not created between department attorneys andany person or entity other than the department of human services, office ofchild support services, or when acting on behalf of the department of children,youth and families pursuant to § 15-9-3 or the department of humanservices pursuant to § 15-13-2, or another state child support agencypursuant to § 15-23.1-1 et seq. The obligee, obligor, and child may obtainthe services offered by the department but will not be legally represented bythe attorneys for the department. Nothing herein shall preclude any party fromretaining the services of a private attorney to legally represent theirinterests. The existence or appearance of a private attorney as counsel ofrecord for the obligee, obligor, or child does not affect the department'sright to act or provide services.
The department is not required to provide a private attorneynor reimburse either the obligee, obligor, guardian or child for the servicesof private counsel.
(b) The department has the power of attorney to act in thename of any obligee to endorse and cash any drafts, checks, money orders, orother negotiable instruments received by the department on behalf of a child.
(c) If the department is providing IV-D services, thedepartment must be afforded notice and an opportunity to participate as anindependent party in any proceeding, relating to paternity, to establishment,enforcement or modification of a support or medical obligation, whetherinitiated by the obligee, the obligor, or the child.
(d) The notice must reasonably inform the department of theissues to be determined in the proceeding, the names of the parties and thechild, and the identity and location of the tribunal in which the issues willbe determined. The notice is for informational purposes only and is notintended as a substitute for procedures necessary under the Rhode Island rulesof civil procedure to establish personal jurisdiction over the parties anddepartment. 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 beaffected by the agreement, judgment, decree, or order.