9 Colo. Code Regs. § 2504-1-6.705

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

Section 9 CCR 2504-1-6.705 - NOTICE OF FINANCIAL RESPONSIBILITY, NOTICE OF FINANCIAL RESPONSIBILITY-PATERNITY ACTION OR AMENDED NOTICE OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]

A. A Notice of Financial Responsibility or amended Notice of Financial Responsibility for add a child cases, as prescribed by the State Department, shall be issued in all establishment cases subject to administrative procedure within twenty-one (21) days of locating the APA-Respondent by the enforcing county delegate Child Support Services Unit.

B. "Issued" shall be defined to mean the date the Notice of Financial Responsibility or amended Notice of Financial Responsibility is delivered to: the United States mail for service by certified mail, or the delegate Child Support Services Unit employee authorized to serve the process, or the delegate Child Support Services Unit's contractual process server, or the U.S. mail for service by first class mail only in an action to modify an existing administrative order.

C. The Notice of Financial Responsibility or amended Notice of Financial Responsibility shall be signed by the county director or an employee of the delegate Child Support Services Unit designated in writing by the county director.

D. The delegate Child Support Services Unit issuing a Notice of Financial Responsibility or amended

Notice of Financial Responsibility shall:

1. Check on the automated child support system, R/A Financial History, and the Colorado Benefits Management System (CBMS) to determine all amounts of public assistance expended for the children's benefit by all Colorado counties and include the total amount on the Certification of Official Record.

2. Check the automated child support system to determine the total unreimbursed maintenance payments for Title IV-E foster care cases and with the foster care unit to determine the total unreimbursed costs of foster care placement for non-IV-E foster care cases and include the total amount on the Foster Care Arrearage/Unreimbursed Maintenance Payment Calculation or similar form used by the county Child Support Services Unit.

3. Schedule a negotiation conference date on the Notice of Financial Responsibility or amended Notice of Financial Responsibility thirty-five (35) calendar days from the date the Notice or amended Notice is issued, and

4. Data enter the issuance date and negotiation conference date on the automated child support system within five (5) working days of issuing the Notice or amended notice of Financial Responsibility.

In any instance in which the thirty-fifth (35th) day would fall on a Saturday, Sunday or holiday, the Child Support Services Unit shall set the negotiation conference on the next working day immediately following.

6.705.1SUBPOENA TO PRODUCE [Rev. eff. 4/1/13]

A. A Subpoena to Produce, as prescribed by the State Department, shall be served on the APA-Respondent with every Notice of Financial Responsibility or amended Notice of Financial Responsibility.

B. The CSS may issue a subpoena to produce to the APA-Petitioner or any third party, person or entity having information and or documents regarding a party that is relevant to any issue in a case.

6.705.2INCOME AND EXPENSE AFFIDAVIT [Rev. eff. 4/1/13]

The delegate Child Support Services Unit shall include an income and expense affidavit as prescribed by the State Department with every Notice or amended Notice of Financial Responsibility issued.

6.705.3SERVICE OF THE NOTICE OF FINANCIAL RESPONSIBILITY [Rev. eff. 4/1/13]

A. The delegate Child Support Services Unit shall serve the Notice or amended Notice of Financial Responsibility on the APA-Respondent at least fifteen (15) calendar days prior to the date stated in the Notice or amended Notice for the negotiation conference.

B. The following forms shall be included in the packet served on the APA-Respondent.

1. Notice or amended Notice of Financial Responsibility,

2. Subpoena to Produce, and

3. Income and Expense Affidavit.

C. Either a Return of Service or a Waiver of Service must be obtained in all cases. Within five (5) working days of receipt of a Return of Service or a Waiver of Service, the delegate Child Support Services Unit shall data enter the date of service or the waiver on the automated child support system and send notice of the negotiation conference to all parties or his/her attorney of record and the other state, if appropriate.

D. If service was by certified mail restricted delivery, the return receipt shall be attached to the return of service. If service was effected by the county director or delegate Child Support Services Unit employee designated in writing by the county director, he/she shall complete the return of service within five (5) working days of effecting service of process and attach the "green card".

E. The notice shall be delivered, as defined in section 6.002 - definitions, to the APA-Petitioner at least fifteen (15) calendar days prior to the date stated in the notice or amended notice for the negotiation conference.

6.705.4DELIVERY OF NOTICES AND OTHER DOCUMENTS

A. Except for service of process on the APA-Respondent, any order, notice of other document may be delivered to a party or his or her attorney of record by:

1. Hand delivery (including FedEx, UPS etc.),

2. First class U.S. mail or

3. Fax, e-mail or other form of electronic delivery if consented to by the party/attorney in writing.

B. The written consent for electronic delivery shall state the method of delivery, the phone number, e-mail address and/or any other information necessary to effect delivery and must be agreed to by the CSS.

C. If a preferred method of delivery fails, the CSS may use another authorized form of delivery.

D. Genetic testing information and results are confidential. If mailing, the CSS shall mark the envelope "confidential". If sending electronically, the communication shall be marked "confidential" and encrypted, if possible.

6.705.5ADD A CHILD

A. Add-a-child is an establishment action and the CSS shall follow the procedures stated in 26-13.5-103.5, C.R.S.

B. The CSS unit must ensure the caption in an APA add-a-child case includes the names of all subsequent child(ren) in all documents in the add-a-child case. CSS does not and is not required to file a motion and order with a court to amend a caption in an APA add-a-child case.

6.705.6COSTS OF COLLECTION

A. A judgment for child support costs may be entered against the APA-Petitioner and/or the APA-Respondent in an APA case or judicially by the court.

B. A judgment for the same costs shall not be entered against both parties.

9 CCR 2504-1-6.705

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