45 CFR § 302.34 "cooperative arrangements" for Kent County

Josh Coffin filed this request with the State Of Rhode Island Department Of Human Services Office Of Child Support Services of Rhode Island.
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From: Josh Coffin


To Whom It May Concern:

Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records:

The 45 CFR § 302.34 "cooperative arrangements" for Kent County containing the required 45 CFR § 303.107 content within the last three (3) years.

Pursuant to 45 CFR § 302.34:
"The State plan shall provide that the State will enter into agreements, which are reflected in a record, for 'cooperative arrangements' under § 303.107 of this chapter with appropriate courts [& their personnel]; law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police]; corrections officials; and Indian Tribes or Tribal organizations."

Pursuant to 45 CFR § 303.107:
The State must ensure that all cooperative arrangements:
(a) Contain a clear description of the specific duties, functions and responsibilities of each party;
(b) Specify clear and definite standards of performance which meet Federal requirements;
(c) Specify that the parties will comply with title IV-D of the Act, implementing Federal regulations and any other applicable Federal regulations and requirements;
(d) Specify the financial arrangements including budget estimates, covered expenditures, methods of determining costs, procedures for billing the IV-D agency, and any relevant Federal and State reimbursement requirements and limitations;
(e) Specify the kind of records that must be maintained and the appropriate Federal, State and local reporting and safeguarding requirements; and
(f) Specify the dates on which the arrangement begins and ends, any conditions for revision or renewal, and the circumstances under which the arrangement may be terminated.

To further support my request, I submit the following facts:
1. Pursuant to "Audits And Financial Penalties", contained within Section 8 of the Federal Manual of Child Support Enforcement: "Audits are required at least every 3 years to determine whether the standards and requirements prescribed by law and regulations have been met by the child support program of every State."
2. 45 CFR § 302.34 states: "Such arrangements may be entered into with a single official covering more than one court, official, or agency, if the single official has the legal authority to enter into arrangements on behalf of the courts, officials, or agencies. Such arrangements shall contain provisions for providing courts and law enforcement officials with pertinent information needed in locating noncustodial parents, establishing paternity and securing support, to the extent that such information is relevant to the duties to be performed pursuant to the arrangement. They shall also provide for assistance to the IV-D agency in carrying out the program, and may relate to any other matters of common concern."

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Josh Coffin

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

The Rhode Island Office of Child Support Services (hereinafter, "OCSS") is in receipt of your request for records dated and received by the agency on September 28, 2020. In your request, you sought the following, "The 45 CFR § 302.34 "cooperative arrangements" for Kent County containing the required 45 CFR § 303.107 content within the last three (3) years."

In response to your request, attached hereto and incorporated herein is an electronic copy of the Cooperative Agreement by and between the OCSS and the Administrative Office of State Courts and the Rhode Island Family Court covering the period of the last three years. Said Cooperative Agreement applies to all Family Courts in the State of Rhode Island including Kent County.

If you wish to appeal this response based the language within the Access to Public Records Act, RIGL § 38-2-8 (a) provides that: Any person or entity denied the right to inspect a record of a public body by the custodian of the record may petition the chief administrative officer of that public body for a review of the determinations made by his or her subordinate. The chief administrative officer shall make a final determination whether or not to allow public inspection within ten (10) business days after the submission of the review petition.

For the purposes of any such appeal, the Chief Administrative Officer is Courtney Hawkins, Director, Department of Human Services. Her address is 25 Howard Avenue, Cranston, Rhode Island 02920.

John A. Langlois
Deputy Chief Legal Counsel
Executive Offices of Health and Human Services
77 Dorrance Street
Providence, RI 02903
Telephone (401) 458-4481
Facsimile (401) 458-4409

This message and all attachments are confidential or proprietary to DHS, and disclosures, or distribution to anyone other than the intended recipient without the prior written permission of DHS is prohibited. This message and any attachments may contain confidential health information and/or confidential and/or proprietary information that is protected by law. This information is intended only for the use of the individual or entity names above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution is strictly prohibited. If you think you have received this message in error, please notify the sender by replying to the e-mail and delete the message without disclosure. Thank you.

From: Josh Coffin

Hi John A. Langlois,

Thank you so much for the information you have provided, but it looks like the response didn't include the 45 CFR § 302.34 "cooperative arrangements" between the RI OCSS and (1) law enforcement officials, such as district attorneys, attorneys general, and similar public attorneys and prosecutors [including sheriff & police], (2) corrections officials, and (3) Indian Tribes or Tribal organizations. Also, do you have a time frame for that?

Thank you again for your time,

Josh Coffin

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

Dear. Mr. Coffin, I re-read your request for records and I do not see a request for other cooperative arrangements. You quote the CFR on regarding those other arrangements, but you do not expressly request any such records.

From: Josh Coffin

To Chief Administrative Officer Courtney Hawkins (or whom it may concern):

In my APRA request dated September 28, 2020, I clearly asked for all cooperative agreements (plural), yet Mr. Langlois sent me only one, and upon further communication with him claimed that I had only asked for one. Looking at my original request, you can see that I wrote: "I hereby request the following records: The 45 CFR § 302.34 'cooperative arrangements' for Kent County containing the required 45 CFR § 303.107 content within the last three (3) years." I ask that you release all such agreements to me.

Thank you for your time,

Josh Coffin

From: Muckrock Staff

To Chief Administrative Officer Courtney Hawkins (or whom it may concern):

In my APRA request dated September 28, 2020, I clearly asked for all cooperative agreements (plural), yet Mr. Langlois sent me only one, and upon further communication with him claimed that I had only asked for one. Looking at my original request, you can see that I wrote: "I hereby request the following records: The 45 CFR § 302.34 'cooperative arrangements' for Kent County containing the required 45 CFR § 303.107 content within the last three (3) years." I ask that you release all such agreements to me.

Thank you for your time,

Josh Coffin

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

Good Afternoon:

DHS is in receipt of your appeal regarding the Office of Child Support Services' response to your APRA request of November 4, 2020. DHS is also in receipt of your fax to the Office of Child Support Services dated November 12, 2020. This fax appears to relate to your appeal of November 4, 2020. As you may be aware, pursuant to RIGL § 38-2-8 (a), the chief administrative officer shall make a final determination on your appeal within ten (10) business days after the submission of the appeal. As a result, the Chief Administrative Officer will respond, with a decision to your appeal, on or before November 19, 2020. For purposes of APRA related requests or appeals, the date of receipt of a request or an appeal is not included in the count for due dates. If your November 12, 2020 fax is not related to your previous appeal, please let me know.

Respectfully,

Deborah A. Barclay
General Counsel
Department of Human Services
Louis Pasteur Bldg 57
25 Howard Avenue
Cranston, RI 02920
Telephone (401) 462-2121
FAX (401) 462-6594
e-mail: deborah.barclay@ohhs.ri.gov<mailto:deborah.barclay@ohhs.ri.gov>

This message and all attachments are confidential or proprietary to DHS, and disclosures, or distribution to anyone other than the intended recipient without the prior written permission of DHS is prohibited. This message and any attachments may contain confidential health information and/or confidential and/or proprietary information that is protected by law. This information is intended only for the use of the individual or entity names above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution is strictly prohibited. If you think you have received this message in error, please notify the sender by replying to the e-mail and delete the message without disclosure. Thank you.

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

Good Afternoon: I tried to send the below email and its attachments to you via the above email address and it was returned undeliverable. Do you have another email address? As I indicated below, I am unable to send it to you via the alternative email address you provided. I have included Director Hawkins' decision regarding your appeal.

Thank you for your time and attention to this matter.

Deborah A. Barclay
General Counsel
Department of Human Services
Louis Pasteur Bldg 57
25 Howard Avenue
Cranston, RI 02920
Telephone (401) 462-2121
FAX (401) 462-6594
e-mail: deborah.barclay@ohhs.ri.gov<mailto:deborah.barclay@ohhs.ri.gov>

This message and all attachments are confidential or proprietary to DHS, and disclosures, or distribution to anyone other than the intended recipient without the prior written permission of DHS is prohibited. This message and any attachments may contain confidential health information and/or confidential and/or proprietary information that is protected by law. This information is intended only for the use of the individual or entity names above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution is strictly prohibited. If you think you have received this message in error, please notify the sender by replying to the e-mail and delete the message without disclosure. Thank you.

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

A copy of documents responsive to the request.

From: Muckrock Staff

Hi Ms. Barclay,

Is the issue that the other attachments are too large to email? You can try using the upload link at the bottom of this email if so. Otherwise, requests@muckrock.com should still work.

If it is still not solved let me know and I'll provide a new address.

Best,
Kiera Murray
MuckRock

From: State Of Rhode Island Department Of Human Services Office Of Child Support Services

Good Afternoon: In response to your email on 11/24/2020 at 2:51 pm, I attempted to again send an email with the requested documents. Again, my email was kicked back by your system. See below. It appears that even with a Zip file, there is a problem. The file appears to be too large. I am not able to upload through the upload link below. The documents were sent via USPS on a thumb drive to the address listed on the original request email. See the attached USPS tracking receipt. Let me know if you have any questions. You may reach me at 401-641-3603.

Respectfully,

Deborah A. Barclay
General Counsel
Department of Human Services
Louis Pasteur Bldg 57
25 Howard Avenue
Cranston, RI 02920
Telephone (401) 462-2121
FAX (401) 462-6594
e-mail: deborah.barclay@ohhs.ri.gov<mailto:deborah.barclay@ohhs.ri.gov>

This message and all attachments are confidential or proprietary to DHS, and disclosures, or distribution to anyone other than the intended recipient without the prior written permission of DHS is prohibited. This message and any attachments may contain confidential health information and/or confidential and/or proprietary information that is protected by law. This information is intended only for the use of the individual or entity names above. If you are not the intended recipient, you are hereby notified that any disclosure, copying, or distribution is strictly prohibited. If you think you have received this message in error, please notify the sender by replying to the e-mail and delete the message without disclosure. Thank you.

From: Muckrock Staff

Okay, thank you so much for trying all of those options and for mailing the thumb drive - looks like it arrived. Hope you have a good week!

Sincerely,
Kiera

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