N.J. Admin. Code § 10:110-3.1

Current through Register Vol. 56, No. 12, June 17, 2024

Section 10:110-3.1 - OCSS' responsibilities in IV-D cases as the IV-D Agency

(a) The OCSS shall transmit regulatory and procedural information to the various child support entities as necessary for implementation and continuing operational efficiency and effectiveness. The OCSS shall ensure that policies are established and issued consistent with the Administrative Procedures Act, 52:14B-1 et seq.

(b) The OCSS shall provide technical assistance to all contractual agents or entities and political subdivisions.

(c) As permitted by Federal and State law, the OCSS shall respond to requests for information from any person or entity.

(d) The OCSS shall operate an automated child support system meeting Federal Program certification requirements.

(e) The OCSS and all of its contractual agents shall act in a manner consistent with the best interests of the child.

(f) The OCSS shall operate the State Parent Locator Service (SPLS).

(g) The OCSS shall be responsible for monitoring and self-assessment activities.

(h) The OCSS shall be responsible for coordinating activities with the Office of Child Support Enforcement in the U.S. Department of Health and Human Services.

(i) The OCSS shall establish, in a manner consistent with Federal and State laws, with the Child Support State Plan submitted and maintained by OCSS, and any other applicable official issuances of the Federal OCSE, a service delivery system, that shall provide services in a timely manner as follows:

1. By providing web-based customer service access to Program information, as appropriate;

2. By providing responses to appropriate parties as permitted by Federal and State law to written, e-mail and telephone inquiries for help with the case or for information;

3. By establishing and providing for an administrative complaint review process established as a customer service provision in accordance with 45 C.F.R. 303.35; and

4. By using technological advances for access to and the management of general Program information, including, but not limited to, automated income withholding processing; new hires reporting; direct deposit of collected support through the various electronic funds transfer payment processes offered by the Program; and COLA adjustments.

(j) The OCSS shall ensure that fiscal accountability is maintained for child support services provided directly by the OCSS or through its political subdivisions or contractual agents in accordance with Federal and State provisions; and cost-efficient and effective performance aligned with Federally prescribed performance measures, other applicable official issuances of the Federal OCSE, and with the Child Support State Plan. Fiscal accountability includes procedures in accordance with Federal provisions that relate to the handling of misdirected or erroneous payments.

1. Any fiscal penalty imposed by the Federal OCSE to the State, affecting administrative monies for the Program due to failure to meet Federal performance measures and/or Federal audit reviews, as well as other fiscal accountability issues in accordance with Federal provisions, as defined herein, shall be passed by the OCSS to the entity or entities of the Program having responsibility for that specific area of the Program in accordance with the cooperative agreement, memorandum of understanding or other contract between the entity and the OCSS.

(k) The OCSS shall ensure that applications for child support services are readily accessible to the public.

(l) The OCSS shall ensure that services relating to the establishment of paternity and the establishment, modification or enforcement of child support obligations, as appropriate, comply with the Federal standards for Program operation, and provide for both administrative and expedited judicial procedures in accordance with Federal and State provisions. The OCSS shall use contractual agents, as necessary, procured through purchase-of-service contracts, contractual agreements or memoranda of understanding.

(m) The OCSS shall ensure that child support guidelines are established in conjunction with the Administrative Office of the Courts in the New Jersey Rules of Court (Rule 5:6A) for setting and modifying child support award amounts within the State as required by 45 C.F.R. 302.56.

(n) The OCSS shall ensure that the Program provides for the periodic review and adjustment of child support orders as required by 45 C.F.R. 303.8 (see N.J.A.C. 10:110-14).

(o) The OCSS shall ensure that support rights assigned to the State for public assistance cases comply with the requirements of 45 C.F.R. 302.50.

(p) The OCSS shall ensure that medical support enforcement services, including petitioning for medical support, are provided in accordance with Federal and State provisions; and that the Medicaid Agency is notified that assigned medical support payments are being, or have been retained, by a non-IV-A Medicaid recipient.

(q) The OCSS may request the help of OCSE to initiate litigation in the U.S. District Court with regard to the collection of child support, as appropriate, pursuant to 45 C.F.R. 303.73.

(r) The OCSS shall establish and oversee the State disbursement unit (SDU), in accordance with 45 CFR 302.32, for the processing of the collection of child support funds made pursuant to support orders in IV-D and non-IV-D cases, where the order was initially issued on or after January 1, 1994, when the income of the NCP is subject to income withholding.

1. Payments processed through the SDU shall be made directly to the resident parent, legal guardian, caretaker relative having custody of, or responsibility for, the child or children, judicially appointed conservator with a legal and fiduciary duty to the custodial parent and the child, or alternate caretaker designated in a record by the custodial parent. An alternate caretaker is a nonrelative caretaker, who is designated in a record by the custodial parent to take care of the child(ren) for a temporary time period.

(s) The OCSS shall ensure that reciprocity agreements are maintained with foreign reciprocating jurisdictions established by the State through "Letters of Agreement" signed by the Administrative Director of the Courts as the State IV-D Central Registry, in accordance with 42 U.S.C. § 659A(d), until or unless such jurisdiction is declared a reciprocating jurisdiction of the U.S. in accordance with 42 U.S.C. § 659A; and ensure that any requests from those jurisdictions for child support services are handled in accordance with Federal and State provisions.

(t) The OCSS shall establish a procedure for case closure in accordance with 45 C.F.R. 303.11 and State provisions (see 10:110-20.3).

(u) The OCSS shall ensure that enforcement remedies are provided in accordance with Federal and State provisions for both IV-D and non-IV-D cases, and shall use contractual agents, as necessary, procured through purchase-of-service contracts, contractual agreements or memoranda of understanding with the OCSS. Such remedies include, as Federal and State provisions require, but are not limited to, the following:

1. The OCSS shall implement and maintain a financial institution data match (FIDM) unit and provide oversight on the related functions of this enforcement process, including entering into formal agreements with each financial institution doing business in the State.

2. The OCSS shall efficiently and effectively assist in carrying out the provisions set forth at N.J.S.A. 2A:17-56.2 3(a) and (b).

i. The OCSS shall participate in the Child Support Lien Network, as defined herein, to effectuate these provisions.

3. The OCSS shall ensure a process is established and conducted to handle the intercept of Federal tax refunds in accordance with 45 C.F.R. 303.72.

4. The OCSS shall ensure a process is established and conducted to intercept State tax refunds and rebates in accordance with 45 C.F.R. 303.102.

5. The OCSS shall ensure a process is established complying with Federal policy for the denial, suspension or revocation of a passport for obligors owing past-due support.

6. The OCSS shall ensure a process is established and maintained for the denial, suspension or revocation of driver's, professional, occupational, sporting and recreational licenses for obligors owing past-due support.

7. The OCSS shall ensure a process is established and maintained to intercept lottery winnings for obligors owing past-due support.

8. The OCSS shall ensure a process is established for notifying consumer credit reporting entities of obligors owing past-due support pursuant to 45 C.F.R. 303.105.

9. The OCSS shall establish a work requirement program to assist obligors in meeting both current and past-due child support obligations.

N.J. Admin. Code § 10:110-3.1

Amended by R.1998 d.506, effective 10/19/1998.
See: 30 N.J.R. 1956(a), 30 N.J.R. 3822(a).
In (j), substituted references to the Department for references to the Division throughout.
Amended by R.2004 d.88, effective 3/1/2004.
See: 35 N.J.R. 3042(a), 36 N.J.R. 1207(a).
Rewrote the section.
Amended by R.2009 d.135, effective 4/20/2009.
See: 40 N.J.R. 5501(a), 41 N.J.R. 1861(a).
In (s), substituted "jurisdictions" for "countries" twice, "§659A(d)" for "§ 659A(d)", "jurisdiction" for "country" twice, and "§659A" for "§ 659A(d)".

Amended by 55 N.J.R. 1179(a), effective 6/5/2023