Rhode Island Child Support Good Cause Exemption for Kinship Caregivers

When you apply for RI Works on behalf of a grandchild, DHS automatically requires you to cooperate with child support enforcement against the absent parent. For many kinship families, that requirement creates an impossible situation — the parent may be violent, unstable, or the circumstances around the child's conception make cooperation dangerous. Rhode Island law provides a way out.

What the Cooperation Requirement Means

Applying for RI Works assigns the child's right to child support to DHS. The Office of Child Support Services (OCSS) will expect you to help identify the absent parent, establish paternity if needed, and support efforts to secure a child support order.

Refusing to cooperate without a valid exemption results in a sanction against the benefit. The child's grant is not eliminated — Rhode Island ended full family sanctions in July 2024 — but it is reduced.

When Good Cause Applies

You can refuse cooperation and keep the child's full benefit by filing a Good Cause Exception using Form AP-35. DHS recognizes four grounds:

1. Physical or emotional harm. Cooperation is reasonably anticipated to result in serious physical or emotional harm to the child, custodial parent, or another relative with whom the child lives.
2. Conception through incest or forcible rape. Cooperation would be harmful to a child conceived as a result of incest or forcible rape.
3. Pending adoption proceedings. Legal proceedings for the child's adoption are pending before a court of competent jurisdiction.
4. Agency assistance with a custody decision. A public or licensed private social agency is helping decide whether to maintain custody or release the child for adoption, and the discussions have not gone on for more than three months.

What Evidence DHS Accepts

DHS evaluates good cause claims on a case-by-case basis. Supporting evidence can include:

• Police reports or protective orders
• Court records documenting domestic violence, abuse, or neglect
• Medical or mental health records
• Sworn statements from witnesses, clergy, social workers, or counselors

For claims based on anticipated physical harm, DHS may find good cause even without corroborating documents when the claim is credible and evidence is unavailable. You do not need to prove the harm has already occurred — a reasonable expectation is enough.

Confidentiality Protections

When DHS investigates a good-cause claim, its Family Violence Options Advocacy Program will not contact the absent parent unless DHS determines contact is necessary to establish the claim. Before any such contact, DHS must notify you so you can provide information or withdraw the application or claim.

How to File

Obtain Form AP-35 from your regional DHS office or request it when submitting the DHS-2 application. Fill out the form describing the circumstances and attach any supporting documentation you have. Submit it to DHS along with your application or as soon as the cooperation requirement is communicated.

If you provide sufficient information to investigate the claim, DHS continues otherwise eligible assistance while it makes the good-cause determination. If good cause is approved, DHS codes the case record and OCSS decides whether support enforcement can proceed without risk of harm.

If DHS Denies the Claim

If DHS determines that good cause does not exist, the cooperation requirement resumes. You can request a fair hearing to challenge the denial using Form OHHS-121. If you file within 10 days of the notice, any sanction is paused pending the hearing decision.

The Rhode Island financial help guide walks through the good cause process alongside the RI Works application, so you know exactly when and how to raise it.

See more Rhode Island guides →