Mo. Code Regs. tit. 13 § 40-108.010

Current through Register Vol. 49, No.12, June 17, 2024

Section 13 CSR 40-108.010 - Reimbursable Expenditures

PURPOSE: This amendment updates terminology and moves the rule from Title 13, Division 40-Family Support Division, Chapter 3 to Title 13, Division 40-Family Support Division, Chapter 108.

(1) Definitions.

(A) "Division" means the Family Support Division.

(B) "State agency" means the Missouri Department of Social Services.

(C) "Director" means the person serving as director of the Missouri Family Support Division.

(2) Cooperative Agreements. To qualify for federal financial participation, a city or county must have entered into a cooperative agreement with the state agency and must submit a budget for approval from the director or his/her designee. Under section 454.405, RSMo, the director shall offer cooperative agreements to city or county governing bodies or officers, including, but not necessarily limited to, circuit courts, circuit clerks, and prosecuting attorneys. Federal financial participation shall be available for costs incurred as of the first day of the calendar quarter in which a cooperative agreement or amendment is signed by all parties, provided the party claiming reimbursement files timely and proper claims. The division shall set the standards where claims that the county submits for reimbursement are deemed timely and properly filed. Cooperative agreements shall provide, at a minimum, for-

(A) The governing body of the city or county to hire additional investigative, clerical, and/or secretarial staff needed to fulfill its responsibilities assumed under the agreement or, if the city or county is a participant in a multiple-county agreement, to participate in the cost of this additional staff;

(B) The city or county, upon the prosecuting attorney's recommendation, to hire additional assistant prosecuting attorneys needed to fulfill its responsibilities assumed under the agreement or, if the city or county is a participant in a multiple-county agreement, to participate in the cost of attorneys retained for that purpose;

(C) The city or county to furnish office space and other administrative requirements needed to fulfill its responsibilities assumed under the agreement or, if the city or county is a participant in a multiple-county agreement, to participate in the costs of office space and other administrative requirements;

(D) The division to reimburse the county at the applicable federal rate from monies received from the federal government for reasonable and necessary costs, as determined by the director or his/her designee, associated with the establishment and enforcement of support obligations by the city or county or, if applicable, the multiple-county unit; and

(E) The city or county or, if applicable, the multiple-county unit to maintain financial and performance records required by federal regulation. The city or county or multiple-county unit is required to make these records available for inspection to representatives of the state agency, the state auditor, or the United States Department of Health and Human Services.

(3) Activities for Which Federal Funds are Available. Federal funds are available at the applicable rate for reasonable and necessary costs, as determined by the director or his/her designee, for the following activities:

(A) Establishment of paternity upon referral from the division. Reimbursable activities include reasonable and necessary attempts to determine the identity of the child's father, such as investigation; the development of evidence, including the use of genetic tests; pre-trial discovery; court proceedings or other actions necessary to establish paternity under procedures established by state statutes or regulations having the effect of law; and referral of cases to other states' child support enforcement agencies to establish paternity, when necessary;

(B) Establishment and enforcement of support obligations upon referral from the division. These activities include investigation, development of evidence, and, when appropriate, bringing court actions; determination of child support obligation amounts, including the development of information that is needed for financial assessments; establishment of medical support obligations when they will not reduce the obligor's abilities to pay current child support; referral of cases to other states' child support enforcement agencies to establish or modify child support obligations when necessary; enforcement of child and spousal support obligations, including those activities associated with collection and enforcement of court orders, issuance of warrants, income withholding or other civil or criminal actions, as necessary; and investigation and prosecution of fraud related to child and spousal support;

(C) Establishment and maintenance of case records as required by federal regulations and the division;

(D) Activities related to requests for certification of collection of support delinquencies by the secretary of the treasury under 45 CFR 303.71;

(E) Reasonable and essential short-term training of court and law enforcement staff assigned on a full- or part-time basis to child support enforcement activities, provided that prior written approval is obtained from the director or his/her designee;

(F) Necessary travel expenses relating to the performance of reimbursable child support enforcement activities, if permitted under federal regulation, provided that prior approval for out-of-state travel is obtained from the director or his/her designee. The same spending limitations that the division imposes on its employees for subsistence and other expenses will apply to county and court staff claims;

(G) Expenses related to indirect costs, as provided in the Office of Management and Budget Circular A-87;

(H) Activities directly related to the successful completion of referred cases; and

(I) Activities that have received prior approval for reimbursement by the division.

(4) Activities for Which Federal Funds Are Not Available. Federal funds are not available for the following activities:

(A) Service of process fees, court filing fees, and other court costs unless the court or law enforcement agency normally would be required to pay these costs. These costs include deposits or other filing fees, court fees, library fees, fees for making copies of documents, fees for certified copies of documents, guardian ad litem fees, and fees for appointed counsel;

(B) Compensation costs (salary and fringe benefits) for judges;

(C) Travel and training costs that judges incur, if related to the judicial determination process;

(D) Office-related costs, such as space, equipment, furnishings, and supplies, that judges incur;

(E) Compensation (salary and fringe benefits), travel and training, and office-related costs that judges' administrative and support staffs incur;

(F) Costs associated with otherwise reimbursable activities in the absence of adequate documentation as required by the division or by federal regulations;

(G) Costs of arrest and incarceration when no purchase of service agreement exists;

(H) Costs associated with construction and major renovations;

(I) Costs of space rental in publicly owned buildings;

(J) Personnel expenses for employees whose wages or salaries are paid for with other federal funds not eligible as match for IV-D funds; and

(K) Educational and training programs and educational expenditures, except direct costs of short-term training as allowed by federal regulations and with the division's prior approval.

(5) Additional Criteria or Prerequisites for Claiming Certain Reimbursable Expenses.

(A) Rent. The director's or his/her designee's written approval shall be required for participation in the cost of rent in the private sector. Counties can claim these costs only if public space is unavailable; the county actually incurs the expense by the actual expenditure of county general revenue; the county also participates in the rent costs for private space in which other public work is conducted; and rental costs claimed do not exceed the market value established in the community by competitive bid. When rent is paid to a county official, the county shall provide documentation of compliance with sections 105.454(2) and (3), RSMo.

(B) Genetic Testing Costs. Costs of genetic tests used to establish paternity are reimbursable at the applicable rate for federal financial participation. The prosecuting attorney may seek recovery of genetic testing costs from the putative or alleged parent. When collected, the prosecutor must remit the recovered costs by check to the director.

(C) Travel and Subsistence. In those instances where county subsistence maximums are less than state maximums, only these costs actually incurred by the county can be claimed, up to the state maximum.

(D) Equipment Purchases. Equipment, for the purpose of this rule, is nonexpendable personal property with an initial cost of two thousand five hundred dollars ($2,500). Reimbursement for equipment shall be available only through straight-line depreciation. The depreciation claimed will be based on the Internal Revenue Service's Table of Class Lives and Recovery Periods set forth in Publication 946, How to Depreciate Property, dated 2019, which is incorporated by reference and made a part of this rule as published by the Department of Social Services, Child Support Program 615 Howerton Court Jefferson City, MO 65102, at its website at https://dssruletracker.mo.gov/dss-proposed-rules/welcome.action on June 1, 2020. This rule does not incorporate any subsequent amendments or additions. To claim depreciation in the purchase of equipment with at least an initial cost of two thousand five hundred dollars ($2,500) or more, the county must request and receive (in writing) the director's or his/her designee's prior approval for federal financial participation in the cost of equipment. Retroactive approval will not be granted. The county will claim depreciation annually after the first full year of use.

(E) Clerical Staff Time. For any clerical employee who is compensated for both IV-D and non-IV-D related activities, the clerical employee must maintain detailed daily time records supporting personnel costs claimed, including IV-D case name, actual time, and specific activity.

(F) Reimbursable Activities in Prosecutors' Offices. Activities eligible for reimbursement for county employees who are compensated for both IV-D- and non-IV-D-related activities are those activities directly related to establishment or enforcement of orders for payment of child support in Title IV-D cases. Review of the case file is reimbursable only when-1) As a result of the review, some establishment or enforcement action is taken and time claimed for those actions is claimed concurrent with the time claimed for review; or 2) It is determined by the prosecuting attorney that no action should be taken and the case is returned to the division. The review shall be claimed in the same month the resulting establishment or enforcement action is taken or in the same month the case is returned to the division.

(G) Timely Claims for Reimbursement. All reimbursement claims must be submitted for payment no later than ninety (90) calendar days after the close of the calendar month for which IV-D reimbursement is claimed. Untimely claims submitted shall not be paid unless written waiver is granted by the director or his/her designee. This waiver may not extend the time for filing initial primary (regular) claims for more than thirty (30) calendar days.

(H) Supplemental claims for overhead and operating costs may be submitted beyond ninety (90) days provided the original primary (regular) claim for the month for which the supplemental is claimed was filed within the required time frame.

13 CSR 40-108.010

Adopted by Missouri Register October 15, 2020/Volume 45, Number 20, effective 11/30/2020