Section 12E-1.040 - Intergovernmental Forms(1) Federally approved forms. (a) As the state's Title IV-D agency under Section 409.2557(1), F.S., the Department must use federally approved forms in intergovernmental cases involving child support programs in other states, foreign countries, and tribes, as required by 45 CFR 303.7(a)(4).(b) The Department uses the General Testimony form (CS-IS21) to obtain a statement under penalty of perjury about the information and facts of the case from a person seeking to establish paternity, support, or paternity and support, or review or modification of a support order in an intergovernmental case. The Department requests information needed to prepare the General Testimony form from the petitioning parent. The Department provides the General Testimony form to the other government's child support program. Form CS-IS21, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15873), is hereby incorporated by reference, effective 09/23.(c) The Department uses the Declaration in Support of Establishing Parentage forms (CS-IS26 and CS-IS26a) to obtain a paternity affidavit from a person seeking establishment of paternity or paternity and support in an intergovernmental case. The Department provides Form CS-IS26 or CS-IS26a to the other government's child support program. Form CS-IS26 is system-generated and populated with data previously obtained by the Department from the petitioning parent or governmental entity where the petitioning parent resides or applies for services. Form CS-IS26a is blank and includes Instructions for Completing the Declaration in Support of Establishing Parentage (Form CS-IS26i). Form CS-IS26, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15874), is hereby incorporated by reference, effective 09/23. Form CS-IS26a, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15875), is hereby incorporated by reference, effective 09/23. Form CS-IS26i, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15876), is hereby incorporated by reference, effective 09/23.(2) Establishment of paternity and support or modification to add a child to a support order. (a) The Department seeks information from the petitioning parent to complete Forms CS-IS21 and CS-IS26 when paternity or support is needed for a child when the alleged father does not reside in Florida.(b) The Department uses the Information Needed to Establish a Support Order in Another State form (CS-IS72) to obtain information from the petitioning parent. Form CS-IS72, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15877), is hereby incorporated by reference, effective 09/23.(c) When requesting establishment of paternity, the Department uses the Declaration in Support of Establishing Parentage form (CS-IS26a) to obtain information from the petitioning parent.(d) Forms CS-IS72 and CS-IS26a are mailed to the petitioning parent for completion. The petitioning parent has 30 days after the date form CS-IS72 is mailed to complete and return it to the Department and, if requested by the Department, to complete and return Form CS-IS26a.(e) If the petitioning parent does not timely return Form CS-IS72, or when requested Form CS-IS26a, the Department takes the following action: 1. If the petitioning parent receives cash assistance for the child and Form CS-IS26a is not requested, the Department prepares the General Testimony (CS-IS21) form, signs for the petitioning parent and requests services from the child support agency in a state with personal jurisdiction over the responding parent.2. If the petitioning parent receives cash assistance for the child and Form CS-IS26a is requested or the petitioning parent does not receive cash assistance for the child, but receives Medicaid or food assistance, the Department reports noncooperation to the Department of Children and Families as required by Section 409.2572 F.S. In addition, the Department initiates case closure, unless there is a support order for another child on the case the Department is enforcing.3. If the petitioning parent does not receive public assistance, the Department initiates case closure, unless there is a support order for another child on the case the Department is enforcing.4. If a case is closed because the petitioning parent does not complete and return forms required under (2)(d), the Department will not re-open the case or provide services until the required forms are completed and returned to the Department.(f) The Department prepares the General Testimony form (CS-IS21) using the information provided by the petitioning parent and mails it to them. When establishment or modification of a support order is requested, the Department includes Review and Sign Forms Needed to Obtain a Child Support Order (CS-IS73) with Form CS-IS21. If paternity is needed and Form CS-IS26a provided by the petitioning parent is incomplete, contains extraneous information or stray marks, the Department prepares Form CS-IS26 with the information provided by the petitioning parent and mails it to them. The petitioning parent has 30 days after the date Form CS-IS73 is mailed to review, correct, complete, sign and return the forms to the Department. Form CS-IS73, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15878), is hereby incorporated by reference, effective 09/23.(g) If the petitioning parent does not sign and return the forms within 30 days after the date of mailing by the Department, the team member signs the forms and forwards them to the other government's child support program.(3) Review of support order in accordance with Rule 12E-1.041, F.A.C. (a) The Department uses the Information Needed for Support Order Review in Another State form (CS-IS75) to obtain information from the petitioning parent. Form CS-IS75, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15879), is hereby incorporated by reference, effective 09/23. The petitioning parent has 30 days after the date Form CS-IS75 is mailed to them to complete and return the form to the Department.(b) If the petitioning parent does not timely return Form CS-IS75, the Department stops the review and notifies the petitioning parent by mailing them the Support Order Review Update form (CS-POBA) incorporated by reference in Rule 12E-1.041, F.A.C.(c) When the petitioning parent does not receive public assistance, the Department prepares the General Testimony form (CS-IS21) using the information provided by the petitioning parent and mails it to them with the Review and Sign Forms Needed to Review a Child Support Order form (CS-IS74). The parent has 30 days after the date Form CS-IS74 is mailed to them to review, correct, complete, sign and return the General Testimony form (CS-IS21) to the Department. Form CS-IS74, (http://www.flrules.org/Gateway/reference.asp?No=Ref-15880), is hereby incorporated by reference, effective 09/23.(d) If the petitioning parent does not return a signed Form CS-IS21 within 30 days after the date the form is mailed to them, the Department may sign the form for the petitioning parent.(e) The Department sends Form CS-IS21 to the child support agency in the state with continuing, exclusive jurisdiction, as determined under Section 88.2051 F.S., to conduct a review of the support order and to modify the order, if appropriate.Fla. Admin. Code Ann. R. 12E-1.040
Rulemaking Authority 409.2557 FS. Law Implemented 88.3111(2), 88.3071(1)(a), 409.2557, 409.2561 FS.
Adopted by Florida Register Volume 43, Number 173, September 6, 2017 effective 9/19/2017, Amended by Florida Register Volume 48, Number 101, May 24, 2022 effective 6/9/2022, Amended by Florida Register Volume 48, Number 198, October 11, 2022 effective 10/26/2022, Amended by Florida Register Volume 49, Number 168, August 29, 2023 effective 9/14/2023.New 9-19-17, Amended 6-9-22, 10-26-22, 9-14-23.