9 Colo. Code Regs. § 2504-1-6.250

Current through Register Vol. 47, No. 24, December 25, 2024

Section 9 CCR 2504-1-6.250 - PROVISION OF SERVICES IN INTERGOVERNMENTAL IV-D CASES BY CHILD SUPPORT SERVICES (CSS) UNITS [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]

6.250.1INITIATING STATE/JURISDICTION RESPONSIBILITIES [Rev. emergency eff 4/5/13; permanent eff. 7/1/13]

County CSS Units shall ensure management of the initiating intergovernmental CSS caseload to ensure provision of necessary services, including maintenance of case records and periodic review of program performance on interstate cases.

A. When applicable, use long arm statutes to establish paternity or support. Also, determine if enforcement action can be completed through an instate action such as direct income withholding to the noncustodial parent's out of state source of income.

B. Within twenty (20) calendar days of locating the noncustodial parent in another state, Tribe or country, determine if the filing of an intergovernmental action is appropriate and refer the intergovernmental filing to the Interstate Central Registry of the appropriate state, to the Tribal IV-D program, or to the central authority of the foreign country, or take the next appropriate action.

C. Ask the appropriate intrastate tribunal or refer the case to the appropriate responding state IV-D agency for a determination of the controlling order and a reconciliation of arrearages, if such a determination is necessary.

D. The twenty (20) day time frame begins on the date the obligor's location is verified and/or necessary documentation to process the case is received, whichever date is later. UIFSA petitions are to be sent directly to the Interstate Central Registry of the appropriate state, to the Tribal IV-D program, or to the central authority of the foreign country.

E. Provide sufficient and accurate information on appropriate standardized interstate forms with each action referred to enable the responding agency to take action. The Intergovernmental Child Support Enforcement Transmittal form and other standardized interstate forms, as prescribed by the state, shall be used for each intergovernmental action request.

F. Request that the responding state include health insurance in all new and modified orders for support.

G. Within thirty (30) calendar days of request, provide additional information and any order and payment record information requested by a state IV-D agency for a controlling order determination and reconciliation of arrearages, or notify the requesting office when information will be provided.

H. Within ten (10) working days of receipt of new case information, submit information to the CSS office in the responding agency. New information includes case status change or any new information that could assist the other agency in processing the case.

I. Instruct the responding agency to close its intergovernmental case and to stop any withholding order or withholding notice that the responding agency has sent to an employer, before transmitting a withholding order or withholding notice, with respect to the same case, to the same or another employer, unless an alternative agreement is reached with the responding agency regarding how to proceed.

J. Notify the responding agency within ten (10) working days when a case is closed and the reason for closure.

K. The CSS Unit may provide any documentation, notification, or information through any electronic means, as long as the electronic transaction is appropriately documented in the case record.

L. If the initiating agency has closed its case pursuant to Section 6.260.5 and has not notified the responding agency to close its corresponding case, the initiating agency must make a diligent effort to locate the obligee, including use of the Federal Parent Locator Service and the State Parent Locator Service, and accept, distribute, and disburse any payment received from a responding agency.

6.250.2RESPONDING STATE/JURISDICTION RESPONSIBILITIES [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]

County CSS Units shall ensure management of the interstate CSS caseload to ensure provision of necessary services, including maintenance of case records and periodic review of program performance on interstate cases.

A. Ensure that organizational structure and staff are adequate to provide services in intergovernmental CSS cases.

B. County CSS Units must initiate any electronic or manual referral from the interstate network within twenty (20) calendar days of the date of referral as found on the ACSES responding interstate recently referred list.

C. If the noncustodial parent is located in another county within ten (10) working days of receipt of the intergovernmental case, the case shall be moved to the county of the noncustodial parent's residence unless:

1. The county was the open enforcing county prior to the intergovernmental referral; or,

2. The county has registered a foreign order; or,

3. The county is the county of the original order.

If the case does need to be moved, the county shall contact the Interstate Network to move the case to the county of the noncustodial parent's residence.

D. Within ten (10) working days of locating the noncustodial parent in another state or country, the CSS Unit will notify the initiating state of the new address. At the direction of the initiating agency, the case may be closed or the case may be forwarded to the appropriate Central Registry, to the Tribal IV-D program, or to the central authority of the foreign country in which the noncustodial parent now resides.

6.250.21Provide Necessary CSS Services as In state Title IV-D Cases [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]

Provide all necessary CSS services as would be provided in instate IV-D cases by:

A. Establishing paternity and attempting to obtain a judgment for costs if paternity is established; if paternity has been determined by another state, whether it was established through voluntary acknowledgment, administrative process or judicial process, it shall be enforced and otherwise treated in the same manner as an order of this state;

B. Establishing child support obligations;

C. Establishing an order for either party to provide medical support in all new or modified orders for child support, if not addressed in the original order;

D. Processing and enforcing orders referred by another agency, pursuant to the UIFSA or other legal processes;

E. Enforcing medical support if there is evidence that health insurance is accessible and available to the obligor at a reasonable cost;

F. Collecting and monitoring support payments for the initiating agency and forwarding payments to the location specified by the initiating CSS office within two business days of the Colorado date of receipt;

G. If a determination of controlling order has been requested, file the request as defined by Section 14-5-207, C.R.S., with the appropriate tribunal within thirty (30) calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later. Notify the initiating agency, the controlling order state, and any state, country, or Tribe where a support order in the case was issued or registered of the controlling order determination and any reconciled arrearages within thirty (30) calendar days of receipt of the determination from the tribunal.

H. Provide timely notice to the CSS office in the initiating agency of any formal hearing regarding establishment or modification of an order. Respond to inquiries regarding intergovernmental case activity within five (5) working days.

I. Respond to inquiries regarding intergovernmental case activity within five (5) working days.

J. Within ten working days of receipt of new information on a case, submit information to the initiating agency. New information includes case status change or any new information that could assist the other agency in processing the case.

K. Notify the initiating state within ten (10) working days of the case closure when a case is closed.

6.250.3PAYMENT AND RECOVERY OF COSTS IN INTERSTATE IV-D CASES [Rev. emergency eff. 4/5/13; permanent eff. 7/1/13]

The responding agency is responsible for payment of genetic tests for establishing paternity.

The responding agency is responsible for attempting to obtain judgment for genetic test costs.

The responding agency is responsible for payment of all costs it incurs in the processing of an interstate case.

The responding agency may not recover costs from a Foreign Reciprocating Country (FRC) or from a foreign obligee in that FRC, when providing services under Sections 454(32) and 459A of the Social Security Act. The documents are incorporated by reference; no amendments or editions are included. They may be examined during regular business hours at the Colorado Department of Human Services, Director of the Division of Child Support Services, 1575 Sherman Street, Denver, Colorado 80203; or at any state publications depository library. The Social Security Act is also available on-line at: http://www.ssa.gov/op_home/ssact/ssact.htm.

9 CCR 2504-1-6.250

39 CR 23, December 10, 2016, effective 1/1/2017

40 CR 21, November 10, 2017, effective 12/1/2017

42 CR 11, June 10, 2019, effective 6/30/2019

43 CR 17, September 10, 2020, effective 9/30/2020

43 CR 21, November 10, 2020, effective 12/1/2020

44 CR 23, December 10, 2021, effective 1/1/2022

45 CR 01, January 10, 2022, effective 3/1/2022

46 CR 11, June 10, 2023, effective 7/1/2023