10- 144 C.M.R. ch. 351, § 27-6

Current through 2024-44, October 30, 2024

Section 144-351-27-6 - RESPONDING STATE IV-D AGENCY RESPONSIBILITIES

Upon receipt of a request for services from an initiating agency, the Department must:

A. Accept and process an intergovernmental request for services, regardless of whether the initiating agency elected to use remedies that may be available under the law of that jurisdiction;

B. Within 75 calendar days of receipt of an intergovernmental form and documentation from its central registry:

(i) Provide location services in accordance with 45 C.F.R. § 303.3 if the request is for location services or the form or documentation does not include adequate location information regarding the noncustodial parent;

(ii) If unable to proceed with the case because of inadequate documentation, notify the initiating agency of the necessary additions or corrections to the form or documentation;

(iii) If the documentation received with a case is incomplete and cannot be remedied without the assistance of the initiating agency, process the case to the extent possible pending necessary action by the initiating agency;

C. Within 10 working days of locating the noncustodial parent in a different State, the Department must return the forms and documentation, including the new location, to the initiating agency; or, if directed by the initiating agency, forward/transmit the forms and documentation to the central registry in the State where the noncustodial parent has been located and notify the Department's central registry where the case has been sent.

D. If applicable, within 10 working days of locating the noncustodial parent in a different political subdivision within the State, forward/transmit the forms and documentation to the appropriate political subdivision and notify the initiating agency and the Department's central registry of its action;

E. If the request is for a determination of controlling order:

(i) File the controlling order determination request with the appropriate tribunal in the State within 30 calendar days of receipt of the request or location of the noncustodial parent, whichever occurs later; and

(ii) Notify the initiating State agency, the Controlling Order State and any State where a support order in the case was issued or registered, of the controlling order determination and any reconciled arrearages within 30 calendar days of receipt of the determination from the tribunal;

F. Provide any necessary services as it would in an intrastate IV-D case;

G. Provide timely notice to the initiating agency in advance of any hearing before a tribunal that may result in establishment or adjustment of an order;

H. Identify any fees or costs deducted from support payments when forwarding payments to the initiating agency;

I. Within 10 working days of receipt of instructions for case closure from an initiating State agency under section (5)(L) of this Chapter, stop the Department's income withholding order or notice and close the intergovernmental IV-D case, unless the Department and the other agency reach an alternative agreement on how to proceed; and

J. Notify the initiating agency when a case is closed pursuant to Chapter 3.7(A)(12) through (14) and paragraph (I) of this section.

10- 144 C.M.R. ch. 351, § 27-6